THE LOGAN, HOUK, THORN- HILL LETTERS
By Wayne Kindred Copyright 2002
Harvey Logan, a.k.a. Kid Curry, 
was incarcerated in the Knoxville, Tennessee, jail from December 15, 1901, until June 27, 1903. While this period of his life is well chronicled by contemporary newspaper reports and court records, recently discovered letters written by Logan, his attorney John C. Houk, and his friend Jim Thornhill give a behind-the-scenes look at Logan’s incarceration and some of the events that followed.
The chain of events that led to Logan’s arrest began on July 3, 1901, when Logan, Ben Kilpatrick, and O. C. Hanks robbed Great Northern Train No. 3 near Wagner, Montana. The robbery net- ted them about $45,000 in new, unsigned, Bank of Montana bills. Needing to exchange the stolen money for less recognizable bills, the robbers split up and began traveling around the country. Logan traveled through Texas, Mississippi, and Louisiana exchanging stolen bills for good money. In early December, his travels took him to Knoxville, Tennessee, where on the night of December 13, he got into a fight in a local saloon. When two policemen tried to arrest him, Logan shot both officers and escaped. Two days later, he was arrested and charged with felonious assault on the police officers.[1]
In addition to the state charges, Logan also faced possible federal charges for his part in the Montana train robbery. On December 19, he used money provided by friend and former ranching partner Jim Thornhill to hire Knoxville attorney Reuben L. Cates.[2] A few days later, he added Charles T. Cates Jr. and former Republican state senator John C. Houk to his legal team. Of the three, Houk was, by far, the most experienced trial lawyer. Neither Reuben Cates nor his cousin Charles practiced criminal law. However, their political influence more than made up for their lack of courtroom experience. As Knoxville city attorney and chairman of the election board, Reuben Cates had enormous influence over the elected office holders of Knox County. Charles Cates was a powerful political figure statewide, with close ties to Knox County Sheriff James Fox and Criminal Court Judge Joseph Sneed.
Fearing the federal authorities would try to bypass the state court and take control of Logan, his attorneys moved quickly to block efforts to return him to Montana. Using their political influence, they were able to stall Logan’s case in the state court. They delayed his first court appearance until February 11, 1902, and arranged for his case to be heard by Charles Cates’ political ally, Judge Joseph Sneed. When the federal authorities tried to serve warrants on Logan, Sneed made sure the case remained stalled by refusing to allow the warrants to be served and continuing Logan’s case until the next term of court.[3] Although Jim Thornhill had provided money for Logan’s defense, he remained in the background for the first few months. But on April 22, 1902, he wrote to Reuben Cates inquiring about Logan’s case.
How are you a getting long and what are chances of acquital and when does the trial come off and where and what kind of court will it be tried in. Write me all the news and have him to write and let me no if I can do any thing…
Jim Thornhill[4]
Thornhill’s relationship with Logan dated back to the early 1890s. Harvey and his older brother Henry (most often called Hank) came to Montana about 1884, and in 1886, they established a ranch on the headwaters of Rock Creek, south of the Little Rockies.[5] In early 1893, Hank became ill and left Montana; some sources say he contracted pneumonia and died at about that time. Soon after he left, Thornhill formed a partnership with Harvey and came to their ranch.
As he had anticipated, his second appearance before Judge Sneed resulted in another delay. The prosecution asked Sneed for permission to serve federal warrants on Logan. When the defense objected, Sneed again ruled in their favor and continued Logan’s case until the September term of court.[8] Logan remained beyond the reach of the federal court, but each delay came at a cost. As his primary benefactor, the burden of paying that cost rested on Jim Thornhill. Logan’s attorneys were constantly demanding money and by August 1902, their demands were beginning to annoy Thornhill. On August 15, he wrote directly to Logan explaining what had been done and pledging his continued support.
Landusky Mont 8/15/1902 Mr Charley Johnson[9] Dear Friend yours to hand contents noted. Will say (I) never received any letter asking for a thousand dollars… I received a letter from you a month or so a go saying you might want some more and wanted to no if I could do any thing for you… I wrote you in Ruben L. Cates letter that you knew just a bout what I had here and that it all went if necessary …but never heard any thing from you until last Friday night. The chances are that I made Ruben hot in my last letter and he diden show it to you if he received it… I was probly a little hard on the old man but I had been a way from home for some time and when I returned there was several letters there from your attorneys a speaking about their fees and the last one I opened was from Ruben to live.[6]
Harvey Logan fled the Little Rockies after killing Pike Landusky in December 1894, but he and Thornhill had remained close friends. On May 11, Logan wrote to Thornhill asking for financial help but cautioning his friend not to give more than he could afford.
May 11, 1902, Mr. James Thornhill Dear Sir in Reply to yours of 19…You Wanted to Know if you could Do any thing. You can Rite and let Me Know how you are Fixed for Ready Cash… if My case is put off this term of court i will want as Much as $1000 So you Rite and Let Me Know i dont ask you to cripple your Self for me — Nor dont want you to So i Will Close for this time…K-C
[7] Logan was in court again on June 3.
saying that (he) must have fees.
I was hot by that time and I wrote him to keep his shirt on as he was dealing with a man of principal and that you woulden promise him any thing but what you was shure he would get… it will take a week or ten days from now before I can start the 1000 down to you this time for it takes about that time to hear from the bank but you are as shure as you are…a living to get it… Jim T
[10]
While Logan waited for his trial date, Reuben and Charles Cates campaigned for political office. Their efforts paid off in the August election when Reuben Cates was elected attorney general for Knox County and Charles Cates was elected attorney general for the State of Tennessee. Sheriff Fox and Judge Sneed were also reelected in what, at first, looked like a big win for Logan.
But on September 5, Logan was hurriedly brought before Judge Sneed for an unscheduled hearing. Citing Reuben Cates’ conflict of interest as Knox County’s new attorney general, Sneed appointed Jerome Templeton as special prosecutor in the Logan case. Templeton immediately asked Sneed to turn Logan over to the federal authorities. In spite of an objection by the defense, Sneed reversed his previous rulings and allowed United States marshals to serve federal warrants on Logan charging him with forging, counterfeiting, and passing stolen bank notes. He continued Logan’s state case and ordered him held under the concurrent jurisdiction of the federal and state court.[11]
Logan felt that he had been betrayed. In an undated letter written in late 1903 or early 1904, he accused Charles Cates of selling out to the Great Northern Railroad Company.
Look at how the honerble Jos. Sneed handled the Johnson (Logan) case He refused to turn me over to the Fedral Court for 10 months Said i would hafto answer for state charges First- What was his idea for that… First, he knew if he turned me over Before the election manny a vote he would lose Second, for Hon. C. T. Cates Jr. so as he Cates could collect his fees from the G.N.R.R. Co. as all ought to know Jos. Sneed is anything C. T. Cates says— Cates uses Sneed as a tool…i payed Charles Cates J.R. and R. L Cates $1,000 Dollars to Defend Me in My Law suit and what did he Do Why he sold out and never came into the Court Room when I was on trial that isn’t all he Maid it a point to turn Me over to the federal athoreties.
[12]
Following the September hearing, Charles Cates withdrew from the Logan case. John Houk assumed the role of lead attorney, and E. F. Mynatt and L. C. Houk were hired to replace Cates. Reuben Cates continued to represent Logan, but a letter written by Logan in 1903 or 1904 shows that his remaining did not increase his stature in Logan’s eyes.
Mr editor they is one thing that i have never Been able to Decide in My own mind and that is this Which of the two is the Dirtyest Charles T. Cates JR the attorney general of Tenn or R. L. Cates the attorney general of Knox County- Charles T. Cates sold out to the G.N.R.R. Co. and quit me cold he quit trying to Rob Me all togeather— But Reuben stayed with Me—not with My Lawsuit But with my Pocket Book with the intention of Robbing Me and My Loyal Friends….
[13]
After more than eleven months of delays, Logan’s trial finally got underway in Judge C. D. Clark’s federal courtroom on November 17, 1902. On November 21, after hearing the testimony of thirty- four witnesses, the jury found Logan guilty on ten counts of forging, counter- feiting, and passing stolen bank notes. Judge Clark denied a defense motion for a new trial, and on November 29, he sentenced Logan to at least twenty years in the federal penitentiary at Columbus, Ohio. [14]
While Houk began an appeal to have the conviction overturned, Logan languished in his cell. For the first few months of his confinement, he had been kept on the second floor of the Knoxville jail with other prisoners. They shared a cellblock made up of two rows of cells connected by a wide, barred corridor. Prisoners were confined to their cells at night, but during the day, they were allowed the freedom of the corridor. But in April 1902, Logan staged a rebellion to protest conditions at the jail. Following his outburst, the other prisoners were removed from the second floor, and Logan was confined to a single cell. He often complained that the close confinement was damaging his health, and in late January 1903, Fox agreed to let him out of his cell. However, there was one condition, and it was one that Logan’s defiant nature and his dislike of Fox would not allow him to accept.[15] On January 30, he wrote to Houk explaining what had happened.
Jail 1-30-1903 Mr J. C. Houk Dear sir—The sheriff came in and asked for My Razzor and said he would turn Me out i told him he could not have it he said i could stay in My cell then— i told him all right that i would Before i would give him My Razzor i gave it to him once and i went 2 Months without shaving so you need not Bother any More about it But I wish you would try and fix it for Me to go to Nashville if you can…. Charles Johnson
[16]
Logan’s request to be transferred to the state prison in Nashville, Tennessee probably surprised Houk. The authorities had made several attempts to have Logan moved to a more secure facility. Each time, his attorneys had fought to keep him in Knoxville while his appeal was being heard. Apparently, Houk was able to convince him not to pursue a transfer because he was still in the Knoxville jail and still confined to his cell when he wrote to Houk again on May 13.
May 13 1903 Mr J. C. Houk i am still in sell and will be until some- thing is Brought to Bare on them which i am going to Bring will look after it after the 15— i am tired of this
Charles Johnson
[17]
It is not clear what action Logan planned to take, but Houk continued to pressure Sheriff Fox to give his client more freedom. He enlisted the help of several of Fox’s friends, including Charles Cates, and threatened to seek relief from the courts if Fox did not ease his restrictions. Finally, in late May, Fox gave in and allowed Logan the freedom of the cellblock.
The good news was soon overshadowed by disappointing news from the appeals court. On June 2, 1903, the United States Circuit Court of Appeals at Cincinnati, Ohio, upheld Logan’s conviction.[18] Their decision left him thirty days to either file an appeal before the United States Supreme Court or begin serving his sentence.
While Houk tried to obtain money to continue the appeal, Logan made other plans. On the afternoon of June 27, he overpowered guard Frank Irwin and gained possession of two revolvers. Next, he lured jailer Tom Bell to the second floor and forced him to unlock the cellblock. He then forced another jail employee to saddle a mare that Sheriff Fox kept stabled at the jail and rode out of Knoxville.[19] A posse of United States marshals and Pinkerton detectives trailed him for more than two weeks before losing his trail in the rugged mountains of North Carolina.
On July 2, Houk wrote to Thornhill informing him of Logan’s escape and making another plea for money.
July 2, 1903 J.T. — Harvey escaped. I think it is over and done. I am sure it is unless you send money. Please hurry on the one hundred and fifty dollars written about two or three weeks ago. Harvey expect- ed it to come & if he ever sees you will say so. John C. Houk
Little is known about Harvey Logan’s movements after he escaped from the Knoxville jail. But on June 7, 1904, three men robbed a Denver & Rio Grande train near Parachute, Colorado.[20] Two days later, a posse caught up with the robbers and during a gunfight, one robber was severely wounded. Members of the posse heard him tell his companions that he could not go on and would end it there. Moments later he placed his pistol to his head and took his own life.[21]
The body of the dead robber was taken to Glenwood Springs where it was first identified as J. H. Ross. But when Ross turned up alive and well in Pueblo, Colorado, the body was put on display in hopes that someone would identify it. After nearly a week, the still unidentified robber was buried in the Glenwood Springs cemetery.[22]
Photos of the dead robber were taken at Glenwood Springs, and they eventually came to the attention of the Pinkerton Detective Agency. They suspected that the man was Harvey Logan. On July 8, Pinkerton Assistant Superintendent Lowell Spence took the photos to Knoxville to try to confirm the identification. Sheriff Fox, Charles Cates, Reuben Cates, John Houk, and several others identified the man in the photo as Harvey Logan. [23]
On July 25, 1904, Houk sent one of the photos to Thornhill asking for his opinion and setting off another exchange of letters.
Dear Sir: Enclosed find picture of the man I believe to be Harvey Logan. What do you say? I can almost swear to his mouth and chin. It otherwise looks like him but mostly my judgment is based on the parts named…Let me hear from you. John C. Houk
[24]
Thornhill admitted that the man resembled Logan, but he did not believe that his friend would have taken his own life.[25]
Aug. 9, 1904
Dear sir
course of time that he did “pass over the divide.” I am curious to know what Logan did with the saddle he rode off and if you ever find out any thing about this matter or any other details of his escape please let me hear from you… If you have any good rea- son to believe Logan lives please let me know..Yours to hand contents noted don’t think that friend is dead although the picture favors him greatly. he woulden have shot himself as long as there was any body else to shoot and that possie was coming up from the rear and if he was able to shoot him self he could have shot one or more of them and had company over the divide…. And he knows that it will be a great pleasure to me to know that he (had) taken all of them with him… the more the better. I think that it was some body that was trying to imitate Tracy and our friend dont try to imitate any body… Jim Thornhill
[26]
Houk was still convinced that Logan was dead, but in his next letter, he turned to the subject of Logan’s escape.
Aug. 22, 1904. Dear Sir:
You letter received and in reply I will state that I think you are mistaken in thinking, that Logan still lives. I have no doubt in the world that he is dead…The people here do not want to believe that Logan is dead but I think you will be convinced. John C. Houk
[27]
Houk’ s curiosity about the saddle stemmed from the fact that the authorities had never been able to learn what Logan did with the saddle he used in his escape from the jail in Knoxville. On the morning following his escape, the sheriff’s mare was found near the Atlanta, Knoxville & Northern Railroad Bridge in South Knoxville, but the saddle was missing. That led some to believe that Logan had obtained another horse. When no one reported a horse being stolen, the authorities offered a reward for the saddle hoping it would lead them to Logan. In spite of their efforts, the whereabouts of the saddle remained a mystery until Thornhill wrote to Houk again on August 20, 1905.
Landusky Mont 8/20/05 Hon John C. Houk Dear sir as a agreement between you and me— I will tell you what became of that saddle…It was throwed off of railroad bridge (A.K.&N.) in your town on lower
side and about the center of bridge… Jim Thornhill
[28]
If Thornhill had any reason to believe that Logan still lived, he did not share it with Houk in this letter. However, the fact that he knew what Logan did with the saddle shows that he had been in contact with Logan at some point after his escape. The question then is this: did the contact take place before or after June 7, 1904? The most intriguing possibility is that it took place after that date, and the man buried in the Glenwood Springs cemetery is not Harvey Logan. Perhaps other letters will be found in the future that will shed more light on this subject.
Endnotes
1. The Knoxville Sentinel, December 16, 1901. See also “Capturing A Train Robber,” Wayne Kindred, WOLA Journal, Fall/Winter 1996. 2. An August 15, 1902, letter from Jim Thornhill to Harvey Logan indicates that Thornhill provided this money. John C. Houk Papers, McClung Historical Collection, Knoxville, Tennessee.
3. The Knoxville Sentinel, February 11, 1902. 4. Jim Thornhill to Reuben L. Cates, April 22, 1902, McClung Historical Collection. 5. John B. Ritch, “Kid Curry, Bad Man,” The Great Falls Tribune , June 21, 1936.
6. Ibid. 7. Harvey Logan to Jim Thornhill, May 11, 1902, McClung Historical Collection. 8. The Knoxville Sentinel, June 3, 1902. 9. Logan used the alias Charles Johnson while he was in Knoxville. In the Houk and Thornhill letters, he is referred to as Johnson and Logan. 10. Jim Thornhill to Charles Johnson (Harvey Logan), August 15, 1902, McClung Historical Collection. 11. The Knoxville Journal & Tribune, September 6, 1902.
12. Logan wrote a series of letters to the editor of a Knoxville newspaper in late 1903 or early 1904. The letters were apparently never mailed, and they eventually came into the possession of the Montana Historical Society. Harvey Logan Papers, Small Collection 2063, Montana Historical Society Archives.
13. Harvey Logan Papers, Montana Historical Society Archives. 14. Case No. 1187, United States vs. Harvey Logan, Federal Records Center, East Point, GA. 15. During the final months of Logan’s incarcera- tion, the relationship between Logan and Fox was often stormy. According to newspaper reports, Logan often expressed a desire to kill Fox before he left Knoxville.
16. Charles Johnson (Harvey Logan) to John C. Houk, January 30, 1903, McClung Historical Collection. 17. Charles Johnson (Harvey Logan) to J. C. Houk, May 13, 1903, McClung Historical Collection.
18. Case No. 1187, United States vs. Harvey Logan, Federal Records Center. 19. The Knoxville Journal & Tribune, June 28, 1903. See also “Kid Curry—The Missing Months,” Wayne Kindred, WOLA Journal, Fall/Winter 1997. 20. The Rifle Citizen Telegraph, June 10, 1904, in Emma Walling, The Parachute Train Robbery, Snowmass, CO, 1966.
21. The Glenwood Post, June 11, 1904, in Walling. 22. The Glenwood Post , June 18, 1904, in Walling. 23. The Knoxville Journal & Tribune, July 9, 1904. On July 16, the Pinkertons had the body exhumed. Although it was badly decomposed, Lowell Spence, who was well acquainted with Harvey Logan, iden- tified the body as Logan. Denver and Rio Grand Detective R. Brunazzi and W. S. Canada of the Northern Pacific, who were also present, disagreed. See also “New Revelations About Harvey Logan Following The Parachute Train Robbery,” Daniel Buck, WOLA Journal, Spring 1997.
24. John C. Houk to Jim Thornhill, July 25, 1904, Montana Historical Society Archives. 25. Thornhill was referring to outlaw Harry Tracy who committed suicide under similar circumstances in 1902.
26. Jim Thornhill to John C. Houk, August 9,
1904, McClung Historical Collection. 27. John C. Houk to Jim Thornhill, August 22, 1904, Montana Historical Society Archives. 28. Jim Thornhill to John C. Houk, August 20, 1905, McClung Historical Collection.
About the Author Wayne Kindred has been researching Harvey Logan and the Wild Bunch since 1985. His articles have appeared in TrueWest, Old West, The WOLA Journal, and NOLA Quarterly. He makes his home in Rockwood, Tennessee.
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