| 334 | HISTORY |
Thirteen of them were captured as they leaped down and fled, while six escaped. The sheriff’s party lost four men killed and seven wounded. Three of the gang were killed and several wounded.
Fox, Long and Chichester were among the prisoners and when the battle was ended and the wives and children of the slain citizens were weeping over the mangled remains of the husbands and fathers, a fierce cry arose, “hang them.” Ropes were quickly thrown round their necks when they begged and pleaded in the most abject manner for their lives.
The venerable Colonel Cox mounted a box and urged the citizens to let the law take its course, pledging his word that the fate of the prisoners should be determined by a majority of the citizens when they had time to deliberate. A strong guard was placed over the prisoners while the leading citizens retired to the residence of James L. Kirkpatrick to determine their fate. A long and heated discussion then ensued between the advocates of the execution of the desperadoes and the more merciful who favored whipping. Colonel Cox presided over the deliberations and it was finally determined to take a vote on the penalty and every man pledged himself to abide the decision of the majority. Two men were selected to conduct the ballot. They secured two boxes, one of which contained white and colored beans. Two more were chosen to pass the box around. Each person present was told to put one of the beans in the empty box; white meant hanging and colored meant whipping. The prisoners were present trembling and begging for mercy. The venerable chairman commanded order and a deathlike silence ensued. One by one the unique ballots were silently dropped into the box until all had voted. The result was handed to the chairman who commanded the prisoners to rise and hear the verdict. Colonel Cox then called upon all present who would pledge themselves to abide the pending de-
