AMAZING OUTLAW ARCHIVE INVOLVING JIM DALTON AND MARSHALL CHARLES B. ANDREWS

This is an amazing archive of News clippings, letters and photographs centering around the arrest, conviction and pardon of Jim Dalton.

Jim Dalton was, allegedly, a member of the Dalton-Royal-Taylor Gang. A period news clipping states, ‘C.B. Andrews, when Marshall of Nemaha County, captured Jim Dalton… lately shown in movie pictures of the gang, riding horseback… (having) robbed Axtel stores.” However, this archive is so much more a human story.

A traveling salesman reported three men traveling on a lonely road just after two stores have been robbed. They were heavily armed and their horses were spent. Marshall Andrews sprang into action and, with the help of another man, tracked down the three and arrested them. Jim Dalton, Ed Royal and Tom Taylor were locked up in Marrysville jail to await trial. However, they escaped and, in doing so, killed the guard on duty. Dalton was on the lamb for the next four years but, Andrews never gave up, finally arresting him for a second time in San Antonio. At trial, Dalton was convicted on the charge of murder and sentenced to life in prison. There, he became a model prisoner. A relationship between Dalton and Andrews formed, and Andrews visited Dalton in prison on many occasions. Indeed, when Andrews ran for sheriff of Nemaha County, questions were raised as to whether it was Andrews who had arrested the infamous Dalton. From jail, Dalton put an end to that speculation by providing an affidavit (included in our archive) confirming the arrest. So convinced was Andrews that Dalton was a good man in a bad situation, he wrote to the governor seeking clemency for Dalton which was ultimately granted 14 years later. Upon his release from jail, Dalton moved to California where he became a very successful businessman and continued his long relationship with Andrews. Ultimately, this is a story of friendship and redemption.

Our archive is from the estate of Marshall C. B. Andrews and it revolves around the capture of Jim Dalton and the relationship between the two men that followed. It consists of the following:

1. A period newspaper article entitled “To The Public” including text of letters written in support of Andrews’ contention that he captured Dalton. Andrews has written on verso,”Keep this for proof”

2. Affidavit: Corning, Kansas,June 12th 1908, “To whom it may concern, J. B. Baker deposes and says, that on or about the 22nd day of March, 1899, he did assist C. B. Andrews to arrest, place in irons and deliver to the sheriff of Marshall County, Kansas, three parties known to be James Dalton, Ed Royal and Tom Taylor.”

3. Affidavit: Nemaha County, Kansas, June 30, 1908. Affidavit of W. C. Richie, the innkeeper of the hotel at which Anderson met with John Baker before setting out to capture Jim Dalton et al. Confirming that on March 22nd 1998 Andrews and Baker left the hotel to “look for some men who had burglarized a store in Blue River and another in Vermilion, Kansas and who it was reported were escaping to that part of the county” and later that morning, Andrews and Baker, “… came to this hotel with James Dalton, Ed Royal and Tom Taylor, whom he had under arrest and all in irons and whom he had captured as the fugitives from justice…”.

4. Petition to the Governor of Kansas, E. W. Hoch written by Andrews on behalf of Dalton. “I have the pleasure of writing this letter of recommendation in favor of James S. Dalton, who is now confined in the Kansas State penitentiary, for the crime of murder, and, I write it because I believe him to be worthy of clemency. I am familiar with the case from beginning to end, more so than any other person; I arrested him both times, and know all the circumstances surrounding the case. I have found him to be truthful and reliable, as I have investigated his past record, and found that everything that he told me in regard to himself, was true. He is not a criminal by nature, but was the victim of circumstances that almost any young and inexperienced man might be party to. Now, a word in regard to the man who swore Dalton’s liberty away, Homer Lane, by name; he was the only witness against Dalton, and as his life and liberty was in jeopardy for the same offense, and he, of course, in order to save himself, swore falsely against Dalton. I have known this man Lane for a good many years, and he is one of the most notorious thieves in the state of Kansas. Most of his life has been spent in serving petty larceny sentences in jails throughout the state. At one time I was sent to arrest Lane and another notorious criminal by the name of Johnson. I had arrested Lane, and he was standing behind me, and Johnson had ran into a cornfield, and I was having a pistol duel with him, when suddenly I heard several sharp clicks behind me, and on looking around, saw Lane pointing a revolver at me and snapping it, and the only thing that saved my life is that the revolver he was using was old and rusty and wouldn’t explode the cartridge. Lane at the time the crime was committed that Dalton is serving time for now, was serving a jail sentence in the Marshall County jail, and left the jail with the others. He was apprehended a short time afterward and brought back, and at the time, he told the same story that Dalton tells about it, but at the trial he change the story to fit the occasion. Now, if there is anything else that you wish me to explain about the case, I will gladly come to your office in Topeka and do so.”

5.Imperial oval sepia photograph of Andrews as Marshall wearing his Marshall’s badge.This fantastic huge photograph has been period framed with Andrews’ actual original Marshall’s badge. The very one he wore when he captured Jim Dalton. A true historic artifact of the Wild West.

6. The keystone of this collection is a petition from Jim Dalton to the Governor of Kansas from prison, as follows: Dear Governor, When you were here, I asked you if you could do something ,and, as your time was limited, I did not have time to explain my case to you. My case is a very peculiar one, in fact, I was convicted of a crime I did not commit or see committed. I will try to give you a brief and correct history of my trouble, and ask that you kindly hear me until I have finished…. During the years of 1897–1898, I was in the employ of a traveling salesman who handles the goods of a big hardware firm in Chicago. I handled an article called a” Combination Meat Foster and Bread Pan”, and made a house to house canvas among the farmers, leaving them on trial, and returning later, to either collect pay for them or take them up from them who did not wish to buy them, and as I was working on a commission basis, at the time I would stop and work for farmers, helping them to gather corn, etc. And in that manor I became acquainted with a family by the name of Taylor, and later became engaged to be married to one of the Taylor girls; hence I made their place my headquarters. While on one of my visits to their place, one of Mr. Taylor’s boys-one who was never at home much-came there with another man by the name of Ed Royal. A few hours afterword, three men purporting to be officers of the law, drove up, and inquired of Mr. Taylor-that is, old man Taylor-if anyone-and they gave the description of two men and the kind of vehicle they were traveling in-had stopped at his place, and he answered in the negative; they asked him if they could search the place, and he refused to let them do so without they have the proper papers, giving as an excuse that his wife was sick. The officers then left, saying that they were going to get a “Search Warrant” and search the place. The Taylors knew that I was familiar with the topography of the locality and persuaded me to show them out of it by roads not much frequented. I traveled with them to a few miles below Corning, Kansas, and was preparing to leave them and return to Mr. Taylor’s place, when we were surrounded by a posse and all apprehended and lodged in the Marshall County jail. You see I got in deeper than I had bargained for, and of course, I did not want my people to know about it, and when Royal suggested breaking jail, it seemed to me at the time, to be the easiest way out of a bad situation, and so I acquiesced in the plan. All the preparations had been completed to go out, except the outside door, which was locked on the outside with a padlock. As the jailer slept in the corridor of the jail of nights, we concluded to wait until he returned from down town, where he usually went after locking us up in our cells for the night. This night especially, he was very late in coming in, and as they were leaving the City election I suppose they we’re celebrating. When he came in however, it was only a short time until he was sound asleep and snoring loudly. The window on the side of the jail facing the town commanded a view of the street that lead up from the main part of the town, and as we had not seen the sheriff come from down town-and also other people we’re on the streets-we concluded it would be best to leave the jail one at a time so as not to attract attention, as we had to go through a portion of the town in order to get out of it. The place we selected to meet again was the wagon bridge over the Blue River. The outside door of which I spoke before, was locked on the inside after the jailer came in for the night, with common house lock and key, and a short time before the jailer came in, we had broken the keeper from the door jamb in trying to get out. I was the first one to go out, and when I came to the outside door I found the key sticking in the lock, and I went to turn it in the door came open. As the keeper had been broken, there was nothing to hold it. I left the door partly open, and went to the bridge without any mishap, and awaited the coming of the others. In a few minutes I heard some one running along an old wooden side walk, making a good deal of noise, and it struck me that the jailer had woke up and was chasing the others who had remained at the jail. I crouched down by the bridge and waited to see what was the matter. In a fairly short time, Taylor, Royal and Lane came running up, Lane been in the rear, and I asked them what had happened, and Royal answered, and said, “that the-using a vile name that I cannot put down here-had woke up, and that they had to put him to sleep again.” (He was alluding to the jailer). I further questioned them as to how seriously they had hurt the jailer, and elicited the reply from Royal, that they had only given him “alight tap on the nut” – which you know in the vernacular of the tough, means head. And that is all I ever knew about the murder until I was arrested over four years later for the offense. After the jail delivery I went to Denver, Colorado and enlisted in the Army under the name Albert G. Denny, and was assigned to Company K of the 15th Infantry, and served with that regiment in Cuba during the” Spanish American War.” After having received an honorable discharge I came back to the United States, went to Philadelphia Pa., enlisted in the Army again, was assigned to Company L of the Fourth Infantry and served with that body in the Philippines Islands for two years and four months. I returned with the regiment to San Antonio, Texas where I received in honorable discharge. Seven days after my discharge from the Army I was arrested and returned to this State.

Now, according to the Judge’s instructions to the jury, I am not even technically guilty of a crime. I heerwith quote the part of the Judge’s instructions verbatim, that explains why I am not even technically guilty:

You are a further instructed that where persons combine to commit a crime, and while so engaged in such unlawful act murder is committed buy one or more of the conspirators without the knowledge or consent of the other, and the act is not the natural or probable outcome of the common design and purpose, but the independent act of one or more of the conspirators, those not participating in it or not guilty of murder.

As the jury did not give me the benefit of any of the doubt, I beg that you will at least, give me the benefit of part of the doubt.

As to my contact before and since the crime was committed, I respectfully submit letters from people who have known me before and since that time, and I will also enclose copies of my two discharges from the Army and a copy of my record at this place.

Hoping that you will give me a chance to go out into the world and make good, to remove the stain from my character, and the disgrace, that through my youthful folly, was placed upon my people. Please Governor give me a chance to care for and make my dear parents happy for the few years that remain to them in their life.

Thanking you in anticipation of clemency, I am, you’re is very respectfully, James S. Dalton”

7. Affidavit signed by Dalton dated July 6, 1908 State of Kansas, County of Leavenworth.” James S Dalton, having duly sworn, poses and says: that on the 22nd day of March, 1898, he in Company with two men, known to him by the names of Ed Royal and Tom Taylor, were arrested, searched and put in irons by Chas. B. Andrews and Jud Baker. Deponent further says: That said arrest was made a few miles south of Corning, Kansas. Deponent further says: That said Chas. B Andrews and Jud Baker, took Ed Royal, Tom Taylor and said deponent to Vermilion, Kansas, and from there too Marysville, Kansas, and turned said prisoners over to the sheriff of Marshall County, Kansas. Deponent further says: That they said Chas. B. Andrews, apprehended him in San Antonio, Texas in June of 1902, and returned with him to Marshall County, Kansas and received reward for same. Deponents further says: That he is ready to testify to the foregoing matters whenever called upon to do so, that Deponent is now confined in the Kansas State prison.” Signed by James S. Dalton.

8. Typed letter signed by James S Dalton to C.B. Andrews, Lansing Kansas June 26, 1908. “Dear Sir, your letter just received, and I am herewith enclosing the affidavit that you requested, and I hope it will be satisfactory, if it is not, notify me and I will send you what ever you want.

I am surprised at those people who are trying to intimate that the part that you played in my capture is not true, when so many people know that it is true. It has always been my experience that men will never believe anything that does not meet with their approval or that is detrimental to their interests. In other words, your friends will believe you regardless of what others may say, but your enemies will not believe you no matter how strong the proof may be to substantiate your statements. I hope that your friends will be strong enough to pull you through, I know that if you had a few  at large like the writer of this letter, you would get pulled through regardless of all opposition. Hoping that you will be successful and you’re coming campaign, I remain, very truly yours.” And signed at the end of the first page, James S Dalton.

Dalton adds an additional page with a “P.S.” As follows: Lieut. Asa L. Singleton, now stationed at Fort Leavenworth, Kansas is going to put my case before the governor the first or second week in July, and I want you to write him a good letter about me, and write it so that he will get it by the 1st of July. The lieutenant says that if the Governor will pardon me he will enlist me in his Company, and take me back to Cuba with him this fall. I don’t see how the Governor can turn that kind of a proposition down, do you? I wish that you could see the Governor at the same time, and as I haven’t the money to cover the expense, of course, I do not feel that it would be right for me to ask you to do it. Kindly remember me to your family and friends. Thanking you for your past favors, I am, again, very respectfully yours,” Dalton’s once again sciences whole name.

9. Typed letter signed from Lansing, Kansas, February 28, 1910. Letter written by Dalton to Andrews from prison discussing a prisoner named Dave Woods. Andrews further discusses all of the things he would like to do if he were set free and praising the warden. This letter is signed in full by Dalton.

10. Western Union telegram to Andrews from John Briggs, chief of police in Pueblo, Colorado, involving an alleged murderer, Dave Woods. Apparently, upon receipt of this telegram, Andrews reached out to Dalton to determine whether Woods was housed at the same prison.

11. Typed letter signed from Dalton to Andrews dated January 30, 1932. Writing from his home in Los Angeles, Dalton invites Andrews for a visit. As a demonstration of his success in his new life, Dalton offers to show Andrews bakeries which have incorporated “Dalton ovens and other equipment we sell them.” Signed J. S. Dalton.

13. Autograph letter signed by Andrews from Seneca dated October 12, 1940 apparently having to do with an article recently written about his arrest of Dalton so many years earlier. In this letter, he explains the circumstances behind the first capture of Dalton, along with the second capture in San Antonio. Possibly written in response to an inquiry by the reporter who wrote the article, he mentions that Royal and Taylor went to jail. He then states, “George just wrote me if I was well enough to write an article, “The Daltons Ride Again”. I wish I could see so I could write a story – especially how I found Jim the third time (i.e. when he discovered Jim as a successful businessman in California years later).

14. Sepia postcard photograph of CB Andrews standing on the front porch of his home. With original mailing envelope.

15. Sepia postcard photograph of Jim Dalton, kneeling with two children on his arms taken at Lansing prison.

16. Sepia photograph of the Kansas State Prison band. A news clipping is glued to the rear entitled “Dalton’s Chance for Pardon From (Governor ) Stubbs, Not Likely“.

17. Pamphlet containing the calendar of the district court of the county of Namaha, Kansas, for the September term, 1912.

This amazing archive follows the life of two men, the outlaw and the lawman, and their unlikely union as friends. From the arrest of Dalton; his escape from jail; his four years on the run; his trial, resulting in a life prison term; his pardon from the Governor; through his success as a Los Angeles businessman. In like manor, this wonderful archive simultaneously follows the career of the lawman, from his arrest of a famous outlaw; his four a year hunt for Dalton after the escape; the second arrest in San Antonio; his run for Marshall, when the public questioned whether he was responsible for the famous arrest; through his unlikely championing of Dalton for a pardon. And through it all, the two men became lifelong friends. This is, ultimately, a human story.