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3.

Armstrong sent word to them that should they attempt to free Hardin, Hardin would be the first to get shot,(this goes back to the time when Armstrong served under Captain McNelly , and McNelly issued an order to shoot the prisoner first if any attempt was made to free them, - McNelly called it "Ley de Fuga", and he had probably come across this method of keeping rescuers at bay during his time in the State Police at the time of Reconstruction. It was also a method used south of the border)

Hardin was moved from Whitney under armed guard, to Montgomery, Alabama where he was again placed in prison while Armstrong waited for the arrival of the warrants from Texas. From here was sent the second telegram to the Adjutant General in Texas. It read:

"Arrived this A.M. Prisoner in jail. No Papers whatsoever received by the Governor. What is the matter?"

This was sent on August 24 1877.
Shortly after sending this telegram Armstrong was ordered to appear in court where he had to convince a judge why Hardin should be kept in jail without proper warrants. Armstrong showed the judge his commission as a Texas Ranger and a copy of the telegram requesting the warrants. This, along with the description of Hardin`s character and reputation convinced the judge to hold the case over until the following Wednesday.

Armstrong was now up against bureaucracy, and the written law. To take Hardin back to Texas to stand trial, he had to have those warrants and quick!
Once more the telegraph office was busy. This time he sent two telegrams one to the Adjutant General, and one to the Governor of Texas.
To Steele he sent this telegram:

"Hardin taken out on writ of Habeas Corpus. Case continued until Wednesday. Send another requisition by man or express. Am afraid it will miscarry by mail as did the first. Answer"

And to the Governor of Texas:

"Please telegraph the Governor of Alabama that you have forwarded requisition for John Wesley Hardin alias John Swain. They were trying to release him on count of Habeas Corpus"

The Governor of Texas was obviously quicker to respond than the express service because the same day Armstrong sent General Steele this Telegram:

"If requisition does not come tonight Go. Houston will issue warrant on Gov. Hubbard`s telegram so I can leave here at six tomorrow morning. Have arranged to have Bower captured"

Bower(or Bowen) was the brother-in-law of Hardin as Hardin had married Jane Bowen. He was arrested September 1 1877 for the murder of Tom Haldeman in Gonzales County back in 1872, returned to Texas and Hanged for first degree murder. The warrants did however arrive in time for Armstrong to read them to Hardin, who did not admit to his identity until he had also been served the warrant issued under the name of John Swain.

John Wesley Hardin was duly transported to Texas where he was sent for trial in Comanche County, and in the spring term of 1878 was sentenced to twenty-five years imprisonment for second-degree murder.

He was pardoned on February 17 1894, after serving nearly sixteen years of his sentence, the reason for release was given as "that good citizens ask it". He became a lawyer, a profession he had studied while in prison, but his days on the right side of the law were brief. He was shot dead by John Selman in El Paso Texas, on August 19 1895.

J.B. Armstrong collected the $4000 Dollars reward for the capture of Hardin, and used the money to set up a ranch of some fifty thousand acres, in Willacy County, Texas, where he died in August 19, 1913.

The sixth telegram? Oh yes, that was sent on August 25 1877 from Verbena, Alabama to Adjutant General William Steele. It`s cryptic message read;

"It`s all day now. On our way papers O.K"

And I have a feeling the "It`s all day now" could refer to Hardin`s profanities directed at the law, and Lt. J.B. Armstrong of the Texas Rangers in particular.

Michael J. Dabrishus archivist at the Texas State Library, Austin Texas kindly sent copies of the telegrams to me.