Wild West Podcast

Law and Chaos in the Wild West: Unraveling the Enigma of Dodge City Lawman Dave Mather

March 04, 2023 Michael King/Brad Smalley
Wild West Podcast
Law and Chaos in the Wild West: Unraveling the Enigma of Dodge City Lawman Dave Mather
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Welcome brave hearts, to a thrilling journey back to the Wild West, where law and chaos danced a deadly tango. This episode unearths the gritty life of Dodge City lawman, Dave Mather, a controversial figure whose actions and alliances often blurred the line between villain and hero. His return to Dodge City amidst the bloody backdrop of the Dodge City War is a tale of suspense and intrigue. Rather than joining the chaos, Mather chose to become an assistant city marshal, a move that sparked complaints and discontent among the citizens.

As we navigate through these tumultuous times, we stumble upon a complex web of relationships and rivalries. Mather's connection with the newly appointed City Marshal, Tom Nixon, is a saga steeped in rumors of secret affairs, business rivalry, and confrontations. But that's not all! Mather's mysterious disappearance and his charged return to New Kiowa only thickens the plot. Charged with murder, Mather's escape from justice and the subsequent trial in Barber County is a riveting tale of survival amidst the wild. So saddle up, folks! This is one Wild West story that's guaranteed to keep you on the edge of your seat. Join us as we unravel the enigma of Dave Mather and shed light on the untold stories of the Wild West.

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Speaker 1:

In May 1883, mysterious Dave returned to Dodge City, kansas. Maintaining his reputation for making poor choices, mather arrived during the so-called Dodge City War, a dispute between saloon owners who were friends of the mayor of Dodge City and Luke Short, owner of the Longbranch Saloon. Several gunfighters, including Bat Masterson and Wyatt Earp, gathered to support their friends Short. However, masterson and Earp's presence and other gunslingers in town were enough to cause Short's enemies to back down and avoid violence. Fortunately for him, dave did not get involved in the Dodge City War. Wild West Podcast proudly presents the Life and Times of Dave Mather, part 3 Return to Dodge City. On June 1, 1883, dave became an assistant city marshal of Dodge City and held a commission as deputy sheriff of Fort County.

Speaker 1:

Dave Mather had a gambler's face that never hinted what he was thinking and he moved around as quietly as a cat. He'd earned the nickname of Mysterious Dave. Few people would call him a friend. Nobody spoke to him on the street because no one knew how he would respond. He had been over a large part of Kansas, often serving as a police officer. He had served as a lawman in Dodge City once before.

Speaker 1:

People were floating around Dodge City about the many men Mather had killed, most of them in the line of duty. Only some people were pleased with his appointment. It did not take long for complaints to start coming in about his wretched treatment of citizens and his mistrustful friendly associations with a more turbulent element in town. Governor Glick received the following letter To Governor Glick from J de Grasse of Dodge City, kansas. Dear sir, I am writing to you for protection which is due to every citizen of the US. I applied to the justice here for a warrant to arrest a man and also called on an officer for assistance, and he coolly told me that he would put me in the lock up if I spoke of the affair again. I was assaulted and abused on the public streets because I was not a black leg and gambler by the officer and one of his subordinates. They are running this town and a decent family cannot be tolerated by them or their minions. The aforesaid officer was taken from a cold deck table and made assistant marshal inside of a few hours and no questions asked.

Speaker 1:

I am a stranger here, only been here six weeks, but came to settle and try to earn an honest living for my wife and children. I have been threatened and my liberty has been intimidated by a man who should give us their assistance, and the other man has been held up to the public as a hero because he has the reputation of being a bad man and has done his man, as they term it here. Such a class is running the town and the state of Kansas, or anyone else, does not say boo. I sincerely trust that you will give me your assistance or at least take steps to allow me to protect myself, if only my life, as he has already killed one man in cold blood and got out of it, and I am in danger of my life here hoping to hear from you Soon. I remain your obedient servant, james Degrass, dodge City, kansas, june 30th 1883. Ps. The man that struck me had a gun in his pocket at the time and I was not armed, as I never carry arms. He is around town now and I am sick in bed with the doctors attending me. On September 29th 1883, mather led a posse in pursuit to train robbery suspects, capturing two. The same day, the posse left town Shortly after capturing the two outlaws. An editor wrote a column stating Dodge City pays its Marshall $150 and his assistant $125, allowing them to kill a cowboy or two each season.

Speaker 1:

Mather and Jack Bridges lost their jobs when the new mayor, larry Dagger, took office. Dagger, a previous wagon boss for Lieutenant Colonel George A Custer, came to Southwest Kansas in November 1868. When Dodge City was incorporated in November 1875, dagger became the first Marshal. In his spare time he was partner in the McGinty and Dagger Saloon. In 1877, james Dogg Kelly reappointed him as Marshal. Wyatt Earp served as Dagger's deputy in 1876. On April 10, 1883, dagger was elected mayor and he passed ordinances cracking down on the prostitution, gambling, drinking and vagrancy. He also wanted to replace Bridges and Mather with law officers of his own choice. On April 10, the newly elected Dodge City Council met in special session. It approved Dagger's appointments of William Tillman as the new City Marshal and Thomas Clayton Nixon as Assistant Marshal. Dave retained his position as Deputy Sheriff under Sheriff Patrick F Shagrue.

Speaker 1:

During this time Mather became embroiled in politics, which was in turmoil. When he joined the Democratic Party. Kansas had introduced prohibition with mixed reactions. There was bad blood between Mysterious Dave and Tom Nixon. Since Nixon took his Assistant Marshal's job. Additionally, mather partnered with Dave Black and wanted to open the opera house as a dance hall. On May 22, the City Council passed legislation that forestalled the Mather Black Opera House, stating it was unlawful to operate a dance hall where men and women could dance and carry on in any other way. However, it did not apply to the Lady Gay-owned in partnership with Nixon. In addition, selling only liquor in the opera house was not profitable and was further complicated by pressure from local liquor dealers not to do business with the opera house. It soon became apparent to Mather Black that Nixon was in the process of ruining them, and it was only a matter of time before trouble would come out in the open.

Speaker 1:

Tom Nixon had a shrouded past as a buffalo hunter. He had a small ranch outside Dodge where he and his wife Cornelia raised a small family. Rumor had it that the saloon dispute was a smoke screen and the real trouble was an affair between Mather and Cornelia Nixon, but unfortunately the story of the romance needs to be verifiable. On a Friday night, july 18, 1884, assistant Marshal Nixon looked through the window into the opera house where a performance was being presented. Mather on the inside saw him peeking through the window and rushed outside, while Nixon turned his back to walk away. Mather hurled a string of vile words after him as Mather stood in the open doorway of the opera house, which was in the upper story, nixon crept to the bottom of the stairs and fired up at him.

Speaker 1:

Mather was not shot, just powder burned and hit by flying splinters. Sheriff Pat Chagru ran up, disarmed Nixon and escorted him to jail. Mather said he was not armed and Nixon disagreed and claimed Mather had gone for his gun, which is why he fired. Mather dismissed his wounds as superficial and would not press charges. However, most people opined that the matter was not over. Nixon was bound over on $800 and was to appear in the next court term on charges of attempted murder. A local merchant said that Mysterious Dave Mather was a wicked man, a killer of killers. It is stated that Mather had more dead men to his credit than any other man in the West. The Dodge City Democrat published an article on the shooting which states plainly that, by all indications, the situation was by all appearances not yet at an end. The article could not have been more accurate. Dave was about to add one more to his list. Dave was not about to leave someone around town threatening to kill him.

Speaker 1:

Three days later, on July 21st 1884, marshall Nixon came to the opera house at about 10 o'clock and paused to observe the crowd coming and going. He was leaning against the wall supporting himself with his right hand. Dave Mather came up the walk and seeing Nixon whispered out Tom, oh Tom. Nixon didn't hear him and Mather called louder Tom. Deputy City Marshal. Tom Nixon turned to see who had called him. A slender man at the bottom of the stairs raised his six-gun and the 42-caliber Colt roared. The bullet ripped through Nixon's body and Tom cried out in shock oh, I'm killed. Mather was only three or four yards away, according to witnesses who whirled around at the sound of the shot to see what was happening. Nixon fell to the boardwalk but the shooter continued to fire.

Speaker 1:

Bullets that passed through the dying man's body, were not through doing harm One seriously injured bystander. Another killed a greyhound that was asleep on the floor in a nearby saloon. There were four bullet wounds in Nixon's body when the coroner examined him. One bullet had pierced the heart and was the first to hit him. Sheriff Patrick Gault ran up before the echo of the shots had died down. Hunter willingly turned his guns over, commenting that he ought to have killed him six months ago. The sheriff should grew accepted the surrender of Dave Mather and escorted him to jail. Nixon's body was conveyed to the engine house, where it remained until the holding of the coroner's inquest over his remains.

Speaker 1:

On the following day, professor WH Librand, justice of the peace, conducted the inquest. The jury's verdict was that Nixon died by pistol shots fired by Mather and the act was premeditated. A newspaper article titled the Murder states Dave Mather descended the stairs of his establishment and the assistant marshal was on duty at the corner of Front and First Avenue. He called out Nixon's name and shot him four times as he turned around. Two shots hit him in the right side, one in the left and one passing through his left nipple, killing him instantly. Bond was set at $6,000. A group of leading merchants signed for the bond and Mather was released until the trial. Every business place was closed for the funeral of Tom Nixon and many eulogies were delivered.

Speaker 1:

The preliminary hearing was held at the courthouse in Dodge City at 10 o'clock Wednesday morning before Justice Librand, whitelaw, county attorney, and Harry Greiden, city attorney, appeared for the state, and Michael Sutton, han and Swan for the defense. The reporter from the Kansas cowboy wrote the following excerpts from the testimonies from the hearing the prisoner is described as having a calm demeanor and that a stranger would have been unable to have determined from any expression of countenance who among them it was who was soon to meet the ordeal of life or death before a jury of his peers. At the opening of the court, the paper reports the house was nearly filled with spectators but there was no appearance of any excited feeling. As is frequent in murder trials and before court adjourned at 12 o'clock, there was not a dozen spectators present. During the trial, bat Masterson testified to the following.

Speaker 1:

Wb Masterson sworn says I was among the first to get to the body. I was probably about the first that took hold of him. He was lying on his right side and his back, with his head southwest and his feet northeast. His right hand was up and his left was by his left hip. This was about a minute after the last shot was fired. He had his revolver on and he was lying on it. It was in its scabbard. I looked as if it might have fallen partly out or been drawn partly out. I did not see any other weapon on him or in his hands. Cross Examination it was a leather scabbard, one of those made for a short colt pistol, heavy leather. His pistol was on with the handle turned back. Nixon's legs, from the knees down, were drawn up toward the body. His head lay on the door sill Signed WB Masterson.

Speaker 1:

However, after much wrangling, the trial was moved from Ford County to Kinsley, kansas. On December 30th. The jury retired for 27 minutes and returned with a not guilty verdict. They felt Tom Nixon had got what had come to him. Mather was found not guilty, but that was not an end of Mather's run-ins with the law.

Speaker 1:

In Dodge, on May 10th 1885, mather was arrested again. This time he and his brother, josiah, called Psy, were accused of killing a gambler named Dave Jones over a game of cards inside the junction saloon. The gunfight also resulted in Dave Mather being wounded by a bullet that grazed his head and had been reported that his brother was killed, but in fact he did not die until 1933. There was a preliminary hearing on the shooting, during which it was revealed that Dave Mather never fired a shot and that Dave Jones had fired on Dave Mather, grazing him, only to be shot dead by Josiah Mather. The shooting and the aftermath were well publicized at the time, primarily due to the notoriety of Dave Mather. The results of that hearing were posted in the Dodge City Democrat on May 22nd 1885. There were several witness statements included in that article. Mysterious Dave was finished as a law officer in Ford County regardless of the jury's findings, and there was only further mention of him in Kansas newspapers in May 1885.

Speaker 1:

On Sunday evening, may 10th, about 9 o'clock, an argument flared at the junction saloon between Mysterious Dave Mather and David Barnes over a card game. They had been playing 7-up at so much a game and after three games had been finished, mather had pushed back his chair and put all the money on the table into his pocket. He then sauntered over to the bar. Barnes dogged his footsteps, claiming the money as his earnings. Mather struck Barnes, who clawed for his gun. Sheriff Chagru, who happened to be in the junction, yelled at Barnes here that won't do, but it was too late. Barnes fired at Mysterious Dave and the ball went through his hat, creasing his head. Just then someone in the rear of the room cried out Look out, he's pulling a gun. Sheriff Chagru swung around and saw another man unholstering his pistol. He rushed to the stranger, grabbing his hand and the revolver simultaneously. As soon as Chagru informed the stranger of his identity, the man released the pistol to him. By this time shots had been fired behind the sheriff and when he turned around, barnes had moved over toward the door. Josiah Mather, brother of Mysterious Dave, was shooting from behind the bar. Barnes fell to the floor, hit Immediately. Sheriff arrested Josiah Mather. He also arrested Mysterious Dave, whose gun was still loaded and had not been fired. Ironically, the stranger of the sheriff had disarmed turned out to be John Barnes, the dead man's brother.

Speaker 1:

The Kinsley Mercury reported David and Josiah Mather, charged with murdering D Barnes at Dodge City two or three weeks ago after being committed to jail without bond, were brought before Judge Strang at the chambers in Kinsley Tuesday. After hearing the testimony presented in support of the petition for the writ, the court permitted each of said defendants to be discharged on bond in the sum of $3,000. The defendants are held for bail, which they will probably be able to give. The Mather brothers apparently raised the required bond of $6,000 for both, but jumped their bonds instead of standing trial. The details of how need to be clarified. One account says that Marshal Bill Tillman ran Dave out of town after an armed standoff. Another says he slipped away disguised as a woman. Neither is believed to be accurate and he likely left town and, for all practical purposes, disappeared from the historical record. Within two weeks of being reported in Topeka, dave Mather had drifted to Barber County, kansas, the town of New Kiowa on the Oklahoma border.

Speaker 1:

The issue of August 20th 1885 of the Dodge City Times informed its readers. Dave Mather, on Friday last, was appointed City Marshal of New Kiowa and entered upon the officer's duties. Dave was a Marshal at Dodge City and also Assistant Marshal for a long time. Dave makes a good officer.

Speaker 1:

On Wednesday, august 26th, dave Black got into an argument with an infantryman named Julius Schmitz at New Kiowa Saloon. A report later stated Late Wednesday night a soldier belonging to one of the infantry companies encamped at the west end of Main Street was shot and seriously, if not fatally, wounded by Dave Black, a recent arrival from Dodge City. During an altercation over some trifling matter, the nature of which we cannot learn, for some real or fancied insult, black was knocked down by the soldier and as soon as he recovered from the effects of the blow he drew his revolver and fired the ball, entering the groin and, it is thought, penetrating the intestines. During the excitement, black affected his escape, but the officers were promptly on hand and, after closing every avenue of escape, he surrendered and, securely guarded, was placed in the city prison to await the actions of the courts. Julius Schmitz died at 10 o'clock on August 27th.

Speaker 1:

With a very real threat of Black being lynched by the soldiers in Schmitz Company, the new Kiowa lawman moved him to the nearby town of Hazelton for protection. It turned out to be a prudent decision. The fears of the officers were realized. For about one o'clock a raid was made on the prison by a hundred or more soldiers with the intent of executing summary justice upon the murderer of their comrade. The authorities, having an inkling of their intentions, removed the prisoner to a place of safety. Consequently, they were balked in their design and had all their trouble for nothing. Friday August 28th 1885, morning after the murder, was returned to the city and, at his preliminary trial, waved examination and was taken to Wellington where he will remain in jail until his hearing at the next term of court.

Speaker 1:

One report of the murder was from a town hostile to Dave Mather. They offered this interesting observation A soldier belonging to a company stationed at New Kiowa was shot by a gambler named Dave Black on the night of the 26th of August. This is the same gambler Black who took part in the murder of Assistant Marshall Nixon on the night of the 23rd of July 1884. Black may have been safe in Wellington, but on September 6th New Kiowa lawman were informed that a group of soldiers was coming to town to lynch Black's partner, dave Mather. The lawman informed Mather, he fled town and took an alleged $300 in defense fund contributed by Black's friends. The only press notice of his departure from Kansas was the following article Sunday, september 6th 1885, night after the city officers received word from camp that the soldiers, enraged at not securing the murderer of their comrade, were coming to town for the purpose of wrecking their vengeance upon his partner, an alleged desperate character from Dodge City who has taken charge of Black's defense. The man wanted left town as soon as he was informed of the intention of the soldiers. They did not come, however, as their officers prevented them from leaving camp.

Speaker 1:

On October 21st 1885, dave Black was brought into the Barber County District Court for the start of his trial. He entered a not guilty plea to the charge of murder in the first degree. Black's attorneys then made a motion challenging the selection of jurors. The judge upheld the motion and Black's case was continued until January 1886 term of court. In the meantime, both Dave and Josiah Mather were due to appear at the Ford County Courthouse to answer for a murder charge of their own. According to the local press, in the Mathers case they failed to appear and their bonds were forfeited.

Speaker 1:

On January 23, 1886, dave Black came up for trial at the Barbara County District Court and Medicine Lodge. Black's attorneys submitted a motion to withdraw his previous not guilty plea, since Black had not been fully apprised of his legal rights. All this is very mysterious. Or if he had jumped bond, as stated in several Western newspapers, how come the law never picked up Dave Mather at New Kiowa, not too far south of Dodge? From here, mysterious Dave Mather disappeared into the void of unrecorded history. There is no more mention of him from this time forth.

Speaker 2:

Well, to the end of this story about Dave Mather, everything seems to be a mystery, even his death. What do you think really happened to Dave Mather? And I know there are several thoughts about his death. He was found on a railroad track abandoned. He went to Canada as a mounted police. Where do you think he really ended up and what story would you tell our audience today, what you think true end of Dave Mather.

Speaker 1:

Well, mike, you kind of hit on the main points there are.

Speaker 1:

There are three theories, or at least stories I may not give them.

Speaker 1:

Calling them theories may not be giving the respect that they're due, or disrespect, rather, in at least one of the cases, the two most plausible ones is that he was.

Speaker 1:

He was found dead laying across the train tracks, killed by an unknown assailant down in Texas. Another is that he was, or at least a man that was identified, supposedly identified as Dave Mather, wearing the uniform of Royal Canadian Mounted Police, was seen several years later. And the third, which is many people's favorite, is that he was part of a posse writing down some folks in Arizona or New Mexico, somewhere down that I cannot remember exactly, when they saw something coming down from the sky, an unidentified object, and Dave wrote out to check out to see what it was, and was never seen or heard from again. Basically, he was abducted by aliens, you know, sort of the Cowboys and Aliens fans, in the audience of which I am, I do. I unabashedly love that movie, but a great Cowboys and Aliens story from the the real American was I think I would say that the alien story probably is the one that we'll go with.

Speaker 2:

Is that what?

Speaker 1:

you're saying I do tend to subscribe. Maybe not that he actually did become a Mountie, but I don't discount it entirely. You know the the Mounties were I can't quite say the like the French foreign legion, where it didn't really matter where you came from, as long as you were willing to serve. But he certainly wouldn't be the first to to sign up with a foreign military under an assumed name. The Royal Canadian Mounted Police has no record of a Dave Mather or any Mather during that time ever serving in their ranks. We do know that Josiah wound up up in Montana living well into the 20th century I think we said 1933 and they, the two brothers, stuck so closely together through their entire Western career that it does seem plausible that Dave would have been up there as well and could easily have crossed the border and served with the Mounties.

Speaker 2:

So what we have is Dave Mathers disappearing and we really will not know the true end of Dave Mather Although I would say that there was certainly a lot of people in Dodd City that was hostile toward his is leaving Dodd City and that some say that assassination or someone was put in charge of assassinating Dave. So that's the other part that we'll never know.

Speaker 1:

That is a good point you make as well. And Tom Nixon had a lot of friends and it wouldn't surprise me a bit if the the Texas story did in fact wind up true and he was gunned down by by one of Nixon's friends or one of those Dodd Cityans who wanted to put an end to Dave Mather. That's it for now. Remember to check out our Wild West podcast shows on iTunes or Wild West podcast dot bussprout dot com. You can also catch us on Facebook at Facebook dot com. Slash Wild West podcast or on our YouTube channel at Wild West podcast Mike King YouTube. So make sure you subscribe to our shows listed at the end of the description text of this podcast to receive notifications on all new episodes. Thanks for listening to our podcast. If you have any comments or would like to add to our stories, you can write us at Wild West podcast at gmail dot com. We will share your thoughts as they apply to future episodes. Join us next time as we return to the early years of Dodd City with the Henry Raymond diary.

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