That evening, just as Thurston was about to leave for Omaha, Smith took him behind the station and whispered to him : "I told you so, but Pm a-goin' to stay here a day or two, and I think Pll get one or two of 'em."

At midnight "Long" Kelly, the train conductor, woke Thurston and handed him this dispatch from Superintendent Law : "Jim got Patsy." At noon the next day Thurston received another dispatch from Law. It was : "Jim got the barber."

Some time later, Law met Thurston and related the details of Smith's two "gettings." "I went down to the Capitol saloon," said Smith to Superintendent Law, "and waited for Mc- Carthy to show up, but I guess he heard I was there and didn't appear. Bob, I got tired a-waitin', and goin' up to the bar I called Patsy, the barkeeper, a damned unhung robber. Patsy pulls his gun and shoots at me but misses. I .guess he was a little nervous like. I pulled and let go, and when they look Patsy over they'll find a hole just about two inches to the left of his lower vest button. Bob, I pulled for the button but I sighted a little off. Somebody knocked out the lights and I emptied my gun over the heads of the other people and then came away."

Patsy was badly wounded, and was a long time in recovering. His wound was at the very place that Smith said the hole would be found. Smith was arrested but was discharged the next morning on the ground of self-defense. A few minutes later as he was approaching the Lockwood house, barber Flanagan said: "That murderous whelp shot Patsy; this is a hell of a country for law and order."