CHAPTER VIII.

Attempt to Murder Ben in Babylon--He Shoots a Man and is Arrested--Frightens the Witnesses and Prevents Perjury--Is Acquitted.

In the woods about Babylon were bands of thieves, who lived by plundering the strangers that came within their power. Wild, desperate men were these, who held human life of no greater account than so much earth. Ben's place was frequented by these desperadoes, who were bent upon murder, or anything else, for the sake of plunder. They found in Hogan, however, a man who didn't know the meaning of fear, and who was determined to hold his own against any odds. He gave them to understand that the first outrage committed upon any patron of his house would be avenged with interest.

"Understand, gentlemen," he said, "I will shoot down the first man who undertakes to murder anybody coming out of this place!"

Finding the sort of man they had to deal with, the ruffians banded together for the purpose of killing Hogan. Lots were drawn to see who should perform this work, and the choice fell upon a fellow known as "Scotty," and one Burke.

Waiting until midnight, the assassins entered the bar-room of Hogan's place. There was nobody present but Ben himself and the barkeeper. The moment his eye fell upon the men, Ben suspected mischief, and drawing out two seven-shooters, he said quickly:

"Gentlemen, you will oblige me by retiring at once. Go out, if you please, as you came in; and the first one who attempts to turn about or to draw a weapon will drop!"

This unexpected greeting knocked the plans of the conspirators into a cocked hat. There was nothing to do but to obey, and so they backed out of the room, looking very much crestfallen.

The next night Ben heard a loud knocking at the door, and as he went down to answer the summons, he heard low voices outside.

"Who's to shoot first?" said one.

"You kill him," said a second.

This sort of conversation was not very cheerful to listen to, as the midnight visitors had evidently called with the intention of committing murder. Ben, however, quietly opened the door and discharged a couple of shots, which put the fellows to flight.

These incidents are given to show that Hogan was constantly hounded by desperadoes while in Babylon. They will explain, in part, the circumstances which led up to a serious matter, in which Ben figured very conspicuously. I shall proceed to narrate the facts in the case precisely as they occurred.

A gang of twenty-five men entered into a compact to kill Ben Hogan at all hazards. Under the direction of this gang, a man named Dwyer called at Ben's place at midnight and wanted to engage in a fight. Hogan told him that he did not want to fight, and tried to persuade him to leave the house. Suddenly Dwyer seized hold of a tumbler and struck Ben upon the head. In self-defense, Hogan then grappled with the man and threw him down. He did not want to hurt him, but simply to prevent him from doing any more injury.

At this point, the crowd outside rushed in. One man was knocked down with a pitcher, and while a number of his assailants held Ben, Dwyer kicked him repeatedly. Frightened at the noise, French Kate rushed into the bar-room. She took in the situation at a glance. Ben, her lover, was being assaulted--one man against a score. Kate dashed into the crowd, and with the butt-end of a revolver, knocked two or three of the ruffians down. Meantime, Ben reached around and succeeded in drawing his own revolver, with which he began to shoot. He aimed wholly at random, having no other idea than that of preserving his own life. Who fell he did not know.

The shots soon drove the crowd from the room. That same night, at a later hour, an attempt was made to set fire to the house; but a single shot was enough to end this game.

A drunken officer was sent to arrest Ben on the charge of murder. One of the shots fired in the encounter had proved fatal. Hogan refused to surrender himself to this fellow, who stood outside the house threatening to shoot; but later, he gave himself up to other officers who came in search of him.

The justice, after a hearing, was about to commit Ben for trial, but the prisoner declared that he would not be locked up.

"For if I am," he added, "I shall be lynched. Let me take my chances against these men, but don't take away from me all means of self-defense!"

This appeal had its effect, and a Mr. Shaw becoming security for the prisoner, he was released.

The trial took place on the Monday following--the shooting occured on a Saturday. Ben appeared in the dock, and before a single witness had been called he arose and said:

"I want simply a fair trial, and nothing more. Let every man tell what he knows about the shooting, but let him be careful not to perjure himself. For I announce here that the first witness who goes upon that stand and swears to what is false I will kill in just three seconds. That is all I have to say, gentlemen!"

When Ben resumed his seat, the court room was as silent as a tomb. The conspirators who were on hand to convict Hogan glanced at each other with pale faces. They had agreed to swear to whatever should be necessary to secure a verdict of guilty; but Ben's words had taken the backbone completely out of them. They knew it was no vain threat which he uttered. They knew that if they swore to what was false they would drop where they stood.

So the first man who was called as a witness fainted from sheer fright. None of the others had courage enough to go upon the stand. And the result was, that there being no evidence of any kind against the prisoner, he was acquitted.

Thus ended the trial, which, had it resulted differently, might have sent a man to the gallows who simply defended himself against the brutal attacks of a mob.