They were all pardoned by the Governor, agreeably with petitions from all parts of the Territory, after having been in confinement nearly six months.

While these events were transpiring, messengers were constantly arriving, bringing intelligence of the threatening state of affairs around Lawrence. The Governor, on the 14th, sent Secretary Woodson, by whose orders these forces were assembled, and Brigadier General Strickler, with an escort of United States troops, to the pro-slavery camp on the Wakarusa, with instructions to disband the militia. These gentlemen arrived at Franklin, assembled the Border chiefs, and sought to prevail upon them to obey the orders of the Governor. But they would pay no attention to the orders, utterly refused to recognize his authority, to listen to the Governor's proclamation, denounced and threatened Geary and declared they were not going to return until Lawrence and every free state town in the Territory were leveled with the ground. Their designs were blood and plunder; they had entered upon the work of extermination for the "third and last time," and did not believe in abandoning their purpose so soon.

In the afternoon of the same day, the Governor ordered Colonel Cook, with all his command, to hasten to Lawrence, and accompanied them himself. He found the dangers as threatening as had been described. Twenty-seven hundred armed men were in camp at Franklin, under the command of Generals Heiskill, Reid, Atchison, Richardson and Stringfellow, raving to attack Lawrence. But three hundred men were in arms in the city. These, unlike on the previous occasion, had determined to defend their firesides or perish in the attempt. Old John Brown, who had surprisingly appeared in their midst, was in command. There was no fear nor sickly effiminacy there; brave hearts beat in every breast, strong arms held every rifle. They were strongly fortified, well armed, and commanded by a leader in whom they had the utmost confidence. They

were fighting at their own door steps, in defence of their own firesides, and with the assurance that surrender would gain no more than defeat. Had there been an attack, and the free state men overpowered, the battle would have marked a Thermopyle on the pages of history.

When the Governor addressed the citizens of Lawrence, he told them that the troops had come to protect them, and would do it. They offered to deposit their arms at his feet, and retire to their respective homes, but he bid them carry their arms with them, and use them, in the last resort, to protect their city and their lives.

Early on the following morning, the Governor started alone for the camp at Franklin. He met the advance party of three hundred about three miles out, preparing to make the assault. Already skirmishers and pickets had commenced firing. When he met them, he inquired who they were and what were their objects. They replied that they were the territorial militia, and were going up "to wipe out Lawrence, and every d―d abolitionist in the country." He informed them that he was the Governor of Kansas, and the commander-in-chief of the Territorial forces, and as such, ordered them to countermarch, and convey him to the center of the main line.

He at once summoned the officers together, and appealed to them in an earnest and feeling address, "setting forth the disastrous consequence of such a demonstration as was contemplated, and the absolute necessity of more lawful and conciliatory measures to restore peace, tranquillity and prosperity to the country," and directed their attention to his proclamations. The more prudent among them favored obeying at once his instructions, but such men as Jones, Clark and Maclean were loud in their denunciations of the Governor, and favored effecting their purpose, even if they had to fight the United States troops. They, however, disbanded and "retired, not as good and law-loving citizens, but as bands of plunderers and destroyers, leaving in their

wake ruined fortunes, weeping eyes, and sorrowing hearts." Some left by way of Lecompton for Atchison, Doniphan and Northern Missouri; others took an opposite direction, proceeding to Fort Scott, Westport, and all the towns along the Border south of the Kaw, to return no more as invaders until they mustered in the cause of the Confederacy. It proved to be the "third and last time," indeed, but not for Lawrence, which continued to stand, grow and prosper until burnt and her people massacred by Quantrel.

CHAPTER XXXVII.

THE COURTS.

Governor Geary next sought to awaken and infuse new life and virtue into the Judiciary of the Territory. Notwithstanding for the past two years, robberies, murders and thefts were of daily occurance, but few, if any, offenders had been brought to justice. The Judges, like other United States officers in the Territory, had entirely lost sight of their official duties, in their blind devotion to party. We have seen the partiality employed in admitting pro-slavery criminals to bail upon worthless security, and refusing the same to free state men for mitigated crimes, though the best of vouchers were presented. They had eagerly declared the enactments of the bogus Legislature valid before any case arose under them; they had sought more to compel the free state men to recognize them as such than to punish an infraction of them. Their terms of court only lasted from five to nine days, twice a year in each county, and, in many instances, the Judges themselves were not present.

When Governor Geary visited the pro-slavery camp on the Wakarusa, he found Judge Cato performing the part of a soldier. This same official was among the ruffian invaders during the siege of Lawrence, in the fall of '55, and was with the party that killed Barber. When the five murders occurred on the Pottowatomie, he exerted himself wonderfully to bring the guilty to retribution. He wrote

to Governor Shannon, "I shall do every-thing in my power to have the matter investigated," and the guilty parties brought to justice. But when Frederick Brown, William Garrison, Williams, Cantral and others were murdered by Reed's army, not a word was said about investigating the matter and administering justice.

The Governor induced Judge Cato to accompany him to Lecompton. On their road thither a most shocking spectacle met their view. As the northern division of the Territorial militia, under the command of Colonel Clarkson, calling themselves Kickapoo Rangers, and numbering about three hundred, retired home by way of Lecompton, when within a few miles of that place, six of these men "halted by a field where a poor unoffensive lame man, named David C. Buffum, was at work. They entered the field, and after robbing him of his horse, shot him in the abdomen, from which he soon after died." The Governor and the Judge arrived just in time to witness the writhing agony, and to receive the testimony of the dying man.

The Governor took immediate steps to have the murderer brought to justice. A warrant was drawn up and placed in the hands of the United States Marshal, a reward of five hundred dollars was offered for the arrest of the criminal, and secret agents were dispatched to Atchison and vicinity. Though the Marshal and his deputies were exceedingly active in arresting and bringing in all free state men for whom they had warrants, still they made but little effort to arrest this pro-slavery murderer. After almost two months elapsed the Governor finally succeeded in identifying and securing the person of the guilty one, named C. Hays. On examination, he was committed for trial on the charge of murder in the first degree. Scarcely had this been accomplished when Judge Lecompte admitted the prisoner to bail, with the worthless man Jones for security. This was thought to be a strange and irreconcilable proceeding. The same Judge had refused bail to free state