He had his own idea of justice, and it had nothing to do with "Due Process."
Clay Allison was born Robert Clay Allison on September 2nd, 1840 in Waynesboro, Tennessee. He died on July 3rd, 1887. While alive, he would become famous as a killer of men.
Clay Allison was the fourth of nine children of John and Nancy (Lemmond) Allison. His father was a Presbyterian Minister who also raised cattle and sheep on a family farm.
Its said that at some point in his childhood he received a blow to the head that is said to have left a depression in his skull. This may explain why he suffered from mood swings and had a very short temper that only got worse the older
Yet, although Clay was known to be moody and wild as a kid, he stayed around and worked the family farm near Waynesboro, Tennessee, until the outbreak of the Civil War.
On October 15, 1861, when Clay was 21 years old, he enlisted in the Confederate States Army in Captain W. H. Jackson's Artillery Battery.
But immediately Clay had problems, and three months later he was medically discharged because he had supposedly had an old head injury.
According to records, his discharge was because he was "Incapable of performing the duties of a soldier because of a blow received many years ago. Emotional or physical excitement produces paroxymals of a mixed character, partly epileptic and partly maniacal."
Some say he wasn't emotionally unstable, instead they argue that because of run ins with superior officers that the assumed his thinking was off and had him discharged.
But it really didn't matter, fact is that the maniacal Clay Allison didn't let a little thing like a discharge because of emotional instability stop him from joining the fight on the side of the South.
On September 22, 1862, Allison enlisted in the 9th Tennessee Cavalry Regiment, where he served under Confederate General Nathan Bedford Forrest.
Allison served bravely and without fear the whole time. He was actually well respected for being a good soldier.
At the end of the war, Allison surrendered with Nathan Bedford Forrest on May 4, 1865 at Gainesville, Alabama. After briefly being held as a prisoner of war, Allison and the others were paroled on May 10 and allowed to return home.
Of course Nathan Bedford Forrest is known as having served as the very first Grand Wizard of the Ku Klux Klan.
For folks who don't know, the Ku Klux Klan started as a secret organization that set out to terrorize anything and everything not Confederate.
They went after Freed Slaves and Union Negros, Northern businessmen who had moved to the postwar South commonly known as "Carpet Baggers," Federal government administrators there during the Martial law years, Southerners who supported the Union known as "Unionists," and since it was Democrats who started and lost the war in the South - it is a historical fact that Republicans of any sort were also targeted by the KKK during the Reconstruction era in the South and many years after that.
After the war, once back home in Tennessee, Clay Allison joined the Ku Klux Klan and soon was involved in several violent confrontations.
Legend says when a Corporal from the 3rd Illinois Cavalry Regiment arrived at the Allison family's farm with intention of seizing it, after a rude confrontation and the breaking of his mother's vase which was an anniversary present from his father Clay Allison took a rifle from the house and killed him.
Legends about some of the famous, or infamous, are tough to prove. But to me, killing that Corporal sounds like something Clay Allison would have done without hesitation.
Whether it was that incident or another, soon Clay Allison, along with his brothers Monroe and John, and his sister Mary and her husband Lewis Coleman, all moved to Texas to settle.
He moved to the Brazos River country in Texas. At a Red River crossing near Denison where he beat the tar out of ferryman Zachary Colbert in a fist fight.
Allison had beaten Colbert because he tried to overcharge Allison for the ferry across the Brazos River. This incident was the match that started a feud between Allison and the Colbert family.
By 1866, in the cattle country of Texas, Allison seemed to settle down and all for practical purposes became an excellent Cowhand while learning to ranch.
He met up with Charles Goodnight and Oliver Loving that year and rode with them as they began their famous Goodnight-Loving Trail that expanded through Texas, New Mexico and Colorado.
In 1870 Allison went to work for M.L. Dalton and Isaac Lacy, two cattle ranchers who were also legends in their own time.
All Allison wanted in payment was three hundred head of cattle, enough to start his own ranch in Colfax County, New Mexico Territory, a town called Cimarron.
"I have at all times tried to use my influence toward protecting the property holders and substantial men of the country from thieves, outlaws and murderers, among whom I do not care to be classed," said Clay Allison in response to a Missouri newspaper which reported him with fifteen killings under his belt.
On October 7, 1870, Clay Allison showed the citizens of Elizabethtown, New Mexico, just how mean he could get.
It all started when the panicked wife of a rancher by the name of Charles Kennedy came to Allison telling him that Kennedy had gone mad and was on a killing rampage.
Charles Kennedy had gone mad and murdered several strangers and his own daughter.
Allison became enraged. Gathering a mob together, he led them out to the Kennedy ranch. When they got there, they found a very drunk owner of the ranch.
To Allison's surprise there were no signs of foul play, but that didn't matter. Allison and the mob was worked up to the point where they grabbed the drunk Kennedy and hauled him off to the Elizabethtown jail.
Meanwhile back at the Kennedy ranch, others who stayed behind at the Kennedy house searching for victims found the bodies of those Charles Kennedy had killed along with his daughter.
When Allison found out about this, it's said that he immediately became concerned that the rancher would have enough money to buy his freedom.
In those days, it wasn't completely uncommon to get a high priced lawyer and maybe contribute to a judge's re-election fund as a way of getting away with murder. OK, so maybe times haven't changed all that much.
Allison and the mob became worked up again, and before you knew it, they burst into the jail where Kennedy was being held. They supposedly knocked the deputies unconscious, but I think the deputies stepped aside when the mob surprised them.
The mob took Kennedy, who was not as drunk as he was and was now kicking and screaming for help, and led him over to the local slaughterhouse.
There they lynched Charles Kennedy.
But wait, Allison wasn't done yet, you see not only did he lynch Charles Kennedy - but Allison also decided to decapitate the corpse. Legend has it that he then rode the twenty-nine miles to Cimarron with Kennedy's head on a stick.
As I said before, Clay Allison had a different idea of "Due Process."
The Fifth and Fourteenth Amendments to the United States Constitution each contain a "Due Process Clause."
The Supreme Court of the United States interprets the Due Process Clauses as being the mechanism that provides Americans with four protections: The first being procedural due process in civil and criminal proceedings, the second substantive due process, the third is a prohibition against vague laws, and the last as as a vehicle for the incorporation of our protections by way of the Bill of Rights.
Due Process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it.
Clay Allison didn't give a damn about the law of the land unless it worked for him.
It is said that Allison displayed Kennedy's severed head in Lambert's saloon. But some say that Lambert's saloon wasn't built yet - so who knows what he did with Kennedy's head.
If you're thinking it, yes, I agree - Clay Allison was one bad hombre!
On January 7, 1874, his feud with the Colbert's come to a head in Colfax County, New Mexico.
Ferryman Zachary Colbert, who he had beat unconscious, had a real bad hombre for a nephew by the name of Chunk Colbert. Uncle Zachary sent for him to get even with Clay Allison.
Uncle Zachary probably had no idea that it wouldn't be all that simply.
Supposedly Chunk Colbert quarreled with Allison several years earlier. But this time it would be different, this time he showed up looking for a fight and he wanted revenge.
Now I'd love to write how Chuck Colbert met Clay Allison at a Saloon and called him out into the dusty street to see who was the fastest draw, but friends, contrary to Hollywood, that's just not the way most of the killings in the Old West took place.
In this case, it was very really different. According to reports, Chunk Colbert was a real bad hombre. He had supposedly killed at least seven men in his time.
So folks, image how strange it appeared when they met, and Colbert challenged Allison to a horse race. That my friends is definitely unusual when if you intent to kill a man.
Well, supposedly the race ended in a draw. Then for some reason, the men decided to have dinner together at the Clifton House. During dinner everything seemed very friendly, both seemed to be getting along fine.
But at some point during dinner, Colbert pulled his pistol with the intent of shooting Allison. One problem, the table got in the way.
That's right, after he jacked his pistol from its holster and while trying to raise his gun to shoot Allison, the barrel of his gun bumped the table instead of coming all the way up to be fired.
Allison was quick and he didn't bump the table. He fired a single round which hit Colbert in the head. It killed Colbert instantly.
Some say Allison's one and only shot hit Colbert just his right eye.
Asked later why Allison would even accept a dinner invitation from a man who would likely try to kill him, Allison responded by saying, "Because I didn't want to send a man to Hell on an empty stomach".
It's said that Allison's would-be killer was buried behind the Clifton House where that all took place.
Charles Cooper, who after hearing what happened to his friend Colbert, decided to go on out to see Allison and avenge his friend's death.
I think Cooper left for Allison's full of anger and probably not thinking one bit. Cooper was last seen riding out to the Allison ranch on January 19, 1874 - he was never seen again. So who knows what happened to Cooper?
Over the next few years, the notorious Clay Allison would build a reputation as a gunman that was fairly unmatched.
Franklin Tolby, a minister and friend of Clay Allison was found shot in the back during the Colfax War and Allison decided to settle the matter himself.
So on October 30th, 1875, Allison led another lynch-mob to kill Cruz Vega who was suspected of murdering the Methodist preacher. The mob hanged Cruz Vega from a telegraph pole near Cimarron.
On November 1, 1875, Vega's family members, led by Vega's uncle Francisco Griego, began making threats of revenge.
They went to the Lambert Inn, where they confronted Allison and accused him of taking part in the lynching.
Griego reached for his revolver. Seeing Griego reach for his pistol, Allison was able to jerk his pistol just that much faster and shot Griego twice - killing him instantly.
A few days later on November 10, Allison was charged with the murder of Francisco Griego. But after an inquiry, the charges of murder were dropped and the shooting was ruled "self-defense."
Was he a mean one? You bet he was.
After sitting in a dentist’s chair in Cheyenne, Wyoming, Clay Allison turned the tables on the dentist and started to forcibly pull out the dentist’s own teeth - the reason was that the dentist accidentally started drilling into the wrong molar in Clay's mouth.
He would have continued pulling the dentist's teeth, except the doc's screams brought in people from the street and Clay Allison let things be.
On December 21, 1876, Clay Allison shot and killed Deputy Sheriff Charles Faber at the Olympic Dance Hall in Las Animas, Colorado.
If it weren’t for Allison purposely stomping on the feet of other dancers, the law probably would never have been called.
Allison and his brother John rode into Las Animas, Colorado, where they stopped at the Olympic Dance Hall.
Constable Charles Faber of Bent County went in and told the Allisons they should surrender their pistols because a City Ordinance made it illegal to carry weapons inside the town limits.
The Allisons refused to turn over their guns.
Hard liquor makes brave men. It makes dangerous men absolutely deadly. Clay and his brother John were in town from their home in Cimarron, New Mexico.
They had been drinking hard and creating a disturbance when Deputy Faber came back, this time Faber was armed with a 10 gauge shotgun.
Remember that Faber had earlier attempted to have the Allisons check their weapons, but they refused. This time Faber figured he'd better his odds and deputized two men, then returned with them to the saloon.
Constable Faber leveled the 10 gauge shotgun at John Allison probably mistaking him for the more dangerous Clay.
Then suddenly someone shouted "Look out!"
As John Allison began to turn, Faber fired and struck him in the chest and shoulder.
Clay Allison immediately turned and fired four rounds at Constable Faber, one of which struck him in the chest and killed him almost instantly.
As Faber fell, his 10 gauge shotgun discharged again and struck John in the leg.
It's interresting to note that after Clay Allison turned and fired four shots, killing Sheriff Faber, the deputized men fled. Then believe it or not, Clay Allison chased after them, but luckily they escaped.
Both Allison brothers would be arrested and charged with manslaughter, but the charge was dismissed because it was ruled that the Sheriff had begun the fight. Imagine that!
Reading about the Old West, in many case I shake my head in disbelief at some of the judgements that were handed down. This was one of them.
A coroner's jury convened on December 22 and determined that Constable Charles Faber was in the performance of his official duty when he was shot by Clay Allison.
Clay was subsequently arrested and tried for manslaughter, but had to be released when no witnesses appeared to testify against him.
It is said that John Allison later recovered from his massive injuries - though I know that that is hard to believe.
And by the way, yes, that was the gunfight that made Clay Allison a legend.
Of course there is a story about an alleged confrontation with Wyatt Earp in march of 1877.
The story goes that Allison sold his ranch to his brother, John. He then relocated to Sedalia, Missouri, the birthplace of his wife and sister-in-law.
Clay next moved to Hays City, Kansas, where he established himself as a cattle broker.
By the time Allison arrived in Dodge City, Kansas, with a herd of cattle. Some say they were rustled, some say they were bought honest, but either way Allison's reputation as a killer preceded him to Dodge.
I've always found it strange that there are folks out there who want to poke at a rattler to see if it will indeed strike. I've always believed that it goes to their bloated egos thinking that they are somehow faster or more deadly than the rattle snake.
That seems to sum up the case of what happened when Allison's crew got to Dodge City. Allison's reputation as a deadly rattler didn't stop the local law in Dodge City of mistreating several cowboys who worked for him.
Anyone who knows anything about the Old West knows that Dodge City was started as a "Cattle Town."
Because of cowboys, who had spent long months on the range, letting loose and sometimes abusing their stay would take place.
Because of this, many "Cow Towns" enacted laws to prevent things from getting too out of hand. Those towns usually backed up those City Ordinances with force by way of their City Marshal and his deputies.
Many cow towns had laws against carrying guns in town. If a drunk cowboy was found openly carrying a pistol, deputies like Wyatt Earp were known to hit drunks in the back of the head to knock them unconscious. It was called "buffaloing".
The unconscious cowhand would usually have his gun taken from him, hauled to jail, and then hit with a steep fine - which of course the deputies got a percentage of the fine. It was quite a racket.
In many cases, knowing that the cow hand that was "buffaloed" was a top hand with a cattle outfit, they'd impose a fine and an enormous unreasonable amount of money for bail to get him back to the herd.
Yes, it was legal extortion. And yes, the deputies made out pretty good. Many a law enforcement officer made a lot of money on the fines he could off of unsuspecting cowboys - drunk or sober, honest violator or simply framed.
Money, power, and authority have always been great incentives for people to become "the law."
In many cases, especially in the Old West, payoffs were given directly to the city marshal's office as a way to stay in business.
Wyatt Earp was the Deputy Marshal of Dodge City when Clay Allison's herd arrived in town.
Some say Earp had not yet become famous in his own right. There are some, like me, who will say that Wyatt Earp was never really famous in the Old West. He really didn't become famous until after his death in 1929.
It's true. Fact is, it really wasn't until after Earp found writer Stuart Lake, who wrote his biography, that Wyatt Earp became famous.
Its said that Wyatt Earp didn't become well known at all until after he died in the 1920s and Lake published his memoirs in 1931.
|Clay Allison |
after shooting himself in the foot
Earp's biographer Stuart Lake, and Earp himself, claimed that Wyatt Earp and his friend Bat Masterson confronted Allison and his men in a saloon - and that Allison backed down before them.
In truth, Bat Masterson was no where around as he wasn't even in town at the time.
Truth is, other than the yarn spun by Wyatt Earp, there is no evidence that his encounter with Clay Allison ever took place.
In fact, it is believed that he purposely stayed away from Allison for fear of his life.
A better picture of what really happened is very simple actually.
Fact is that a cattleman named Dick McNulty and Chalk Beeson, owner of the Long Branch Saloon, convinced Allison and his cowboys to surrender their guns. They assured a nervous Wyatt Earp that they can handle it.
Wyatt Earp did not make his claim until after Allison's death. I think Clay Allison would have killed him if he had.
Charlie Siringo, a man who would become a legend in his own right as a Cowboy and later as a well known Pinkerton Detective, witnessed the incident and left a written account of what took place.
Charlie Siringo described the situation that took place which agreed that it was in fact McNulty and Beeson who ended the incident.
Charlie Siringo said Earp was no where to be found and had not even approached Clay Allison.
Clay Allison ranched from 1880 to 1883 with his brothers, John William Allison and Jeremiah Monroe Allison. Their ranch was 12 miles northeast of Mobeetie, at the junction of the Washita River and Gageby Creek, in what was then Wheeler County, Texas.
On February 15, 1881, Allison married America Medora McCulloch in Mobeetie and became "a family man." Imagine that for a moment.
In 1883, Allison sold his ranch and moved to Pope's Wells and purchased another ranch near the Pecos River crossing of the Texas-New Mexico line, 50 miles northwest of Pecos, Texas.
The area was supposedly a landmark on the original Goodnight-Loving Trail. Clay and his wife "Dora" had two children.
Death of a Gunfighter
Clay Allison's death was not what one would have expected. It seemed to have had everything to do with karma, and nothing to do with guns.
July 3, 1887, was a typical hot Texas day. Clay Allison, gunfighter, killer, rancher, family man, was returning from Pecos, Texas, with a wagon full of supplies.
It is said that the load in his wagon shifted and a sack of grain fell from the load.
As the sack of grain fell from the wagon, Allison fell from the wagon as he tried to catch it and ended up underneath one of its wheels.
As the horses reared and lurched forward, Allison's neck was broken almost crushed by the heavy buckboard.
There are those who said he was almost being decapitated. And yes, some found a sort poetic justice for someone who had several years earlier decapitated a man himself.
Either way Clay Allison's short life of forty-seven years was ended.
Robert Clay Allison was buried the next day in Pecos Cemetery, in Pecos, Texas. It is said that hundreds attended his funeral - either to pay their respects or simply out of curiosity.
Dora McCullough Allison re-married and moved with him to Fort Worth. Allison's widow died on January 18, 1926 in Baltimore, Maryland and was interred in Oakwood Cemetery in Fort Worth.
In a special ceremony held on August 28, 1975, Clay Allison's remains were re-interred at Pecos Park, just west of the Pecos Museum.
His grave marker provided by the U.S. Army reads:
ROBERT C ALLISON
9th TENN CAV
SEP 2 1840
JUL 3 1887
A second marker was later placed at the foot of the Allison's grave, it reads,
"He never killed a man that did not need killing."
For me, that quote sums up the life of the the original Shootist - Clay Allison.
He was a Confederate Soldier, Gunfighter, Killer, Cattle Rancher, and believe it or not - a family man. Clay Allison is one of the best known historic figures of the American Old West.
Some say he was an Outlaw, and maybe he was for rustling cattle.
It seems to me that he didn't take anything off anyone, and in many cases took justice into his own hands to ensure justice was done. I don't think Clay Allison sounds like the mad dog killer that some have tried to paint him.
Yes, he did go way too far in the case of decapitating Charles Kennedy - but I believe that Kennedy killing his own child set Allison off like never before.
Please believe me when I say that I'm not trying to justify what Clay Allison did, but in my lifetime I've honestly seen rage that defied all logic.
Looking at the evidence though, in his gunfights, it really seems as though he was honestly acting in "self defense."
In reality, the famous gunmen was indeed a rattler. And yes, he may have been right when he said he never killed a man that did not need killing.
Story by Tom Correa