The Hunt for J.B. Swain

After being sentenced to death, (afterwards commuted to life at hard labor), Joseph B. Swain, the most sadistic of all the Kansas Red Legs, escaped from Fort Leavenworth. The authorities at Fort Leavenworth were convinced that their detectives could not be trusted so they sent for a “real” professional from St. Louis, Missouri.  United States Detective H. W. Huthsing arrived at Fort Leavenworth on April 7^th 1865. His report on his pursuit of Swain is a historic gem. Here are a few excerpts.

I seized all letters in the Post-Office directed to Mrs. Swain and from these, and other circumstances I became convinced that Swain had crossed the river at Weston on 31^st of March and was at his home [City of Leavenworth] on the 1^st and 2^nd days of April - and that on the 3^rd of April he left for Paola and Mound City where his old camp was stationed and where he intended to stay until he could hear from his wife in relation to a petition for his pardon, to the President which had been gotten up and signed by a large number of citizens, who as a general thing were all in complicity with him, and are willing to do anything to obtain his release – these men together with a great portion of the officers and soldiers now stationed at Leavenworth and along the border, formerly belonged to an association called the Red Legs and of which, Capt. Swain was an active and leading member. I presume you have long been familiar with the history of this association and I will not therefore give any details of their purposes and doings…

I arrived at Mound City on the 17^th of April and left my escort at some distance from the town, in camp – I soon made acquaintance with some of the citizens and soldiers, and to my great astonishment, I found that it would not be safe, with the small force at my command, to attempt to arrest Swain, even if we should discover his hiding place – Both soldiers and citizens were determined  to resent his arrest and openly avowed their intention to meet and oppose anybody who came for that purpose…

It is almost impossible to give any adequate idea of the feelings among these people , not only in regard to Swain, but in respect to the execution of law and the maintenance of good general order generally – This vicinity was settled principally by a lot of unprincipled men – outlaws and robbers, murders and thieves – who openly uphold, protect and boast of every man who has robbed or murdered the people of the neighboring Border – is has become a noted home and shelter of criminals and fugitives from justice.

It Is An Abominable Falsehood

Many years ago, I found mention of a man named Edward Cushing. He had been one of the "parties" seen with the notorious Kansas Red Leg, J. B. Swain. It would now appear that Cushing was in fact a Red Leg. Like most, he did not last long after the war. Thrown in jail, he set the place on fire, thinking they would have to let him out and he could make his escape. Unfortunately, for Cushing, he burned with the jail. 

Cushing is one of many, Kansas Red Legs who have never been properly identified.

In the spring of 1863 he published an interesting affidavit in a Leavenworth newspaper directed at Major General James G. Blunt:

ED. Conservative: Please insert the following affidavit and oblige the affiant.

State of Kansas
County of Leavenworth

I, Edward Cushing, being a member of the organization or Loyal League, known as the order of  Red Legs having been informed that Gen. J. G. Blunt claims to have, and exhibits in his possession, an affidavit purporting to be signed by me, stigmatizing said order of Red Legs as banded together for evil purposes and with the purpose of swearing each other out of crimes and misdemeanors, depose and say, that if Gen. Blunt holds such an affidavit it is a forgery; and if the affidavit sets forth such facts it is an abominable falsehood.

Edward Cushing

Tough by name, Tough by Nature

Contrary to popular belief, William S. Tough was not a Kansas Red Leg. From time to time he employed men who had been members of Hoyt’s Red Leg crew, but there is no evidence that Tough was ever a part of Hoyt’s operations. Tough began his criminal career as a jayhawker under Marshal Cleveland, and later became the leader of the buckskin scouts, which according to one individual were sometimes called the Red Legged Scouts. As Chief of Scouts at Fort Smith, Arkansas, Tough undoubtedly surpassed all the Kansas Red Legs in property stolen and illicit profit.

In August 1864 a newspaper reporter wrote the following from Fort Smith, Arkansas.

"Its object was to give some show of respectability to that bandit clan, who since the occupation of this county in September last, have been 'stealing themselves rich in the name of liberty.' The Judson's, T.J. Anderson, Tough, Quartermaster Darbin, and the least respectable of the Red Leg organization, including many faces familiar to the interior of the Leavenworth guard house, now operating under the euphonious appellation of 'scouts' are running the machine with a vengeance.

During the past week hundred after hundred of mules and horses have crossed the river en route to Kansas, &c, many of which, were it not for the terrorism held over the people here, would be kept on the farms where they have been reared...Supported as the thieves are by the authorities, resistance would be madness, and the people submit sadly to a pillage which is making a desert of their State, and driving thousands of loyal people into utterly impoverished exile. A few are growing rich. McDonald in a year will make a million dollars, which will represent five hundred ruined families."

William S. Tough

Mrs. Em McCloy, the supposed wife of the jayhawker, Marshal Cleveland.

Well, it took a few years, but it now appears that Cleveland’s “supposed” wife went by the name Em McCloy. She swore never to reveal her real name. A reporter who met her in Kansas City, shortly after Cleveland’s death, described her as “only a weak shadow of her former self. Debauchery had racked and wrecked her mind and made haggard the once beautiful form and face, though traces of which still showed in big blue eyes that had never lost their expression of sweetness and innocence.”

In June, 1862 this story appeared in the St. Joseph Morning Herald:

Recorders Court – Another run was yesterday made on the houses of ill repute, by those authorized, who succeeded in bringing before his honor seven more gay and festive females. Among the number appeared Em McCloy alias Mrs. Cleveland, supposed-to be wife of the jayhawker Cleveland. Cleveland evaded for some time retributive justice as has Mrs. Cleveland, but the strategic movements of our officials have at last delivered her to the bar. They will all be fined $10 and cost each.

After a nine year hiatuses, my blog is back! The high-points of nine more years of research will be coming your way soon.