The Arrest
Billy Oswald is sitting in jail for his own protection from the “mob” after the shooting of Pat McWeeney. The following article from the Devils-Lake Inter-Ocean, 9 January, 1886. page 1, Col. 5 describes Billy's arrest.
It was the general belief, when it was known that Oswald, after the killing of McWeeney, had left the saloon hurriedly by a rear door, that he would never be captured alive; that he would soon get beyond the reach of the authorities and if overtaken would made a desperate fight. Sheriff Wagness after making a hurried search among the crooks and corners back of the saloon, came out on Kelly avenue where he ran upon Nightwatchman Pierce, who was also looking for the murderer. The two officers held a brief consideration and then started on a run toward the house of ill fame where Oswald was making his home. Arriving at the house, which is located half a mile south of the business portion of the city, the sheriff rapped at the front door, which was locked. A female voice from within inquired, “Who’s there?” Wagness replied, “The sheriff.” There were several exclamations from as many female voices, and some imprecations which would not be considered appropriate in polite society. Finally the door being opened, the sheriff advanced and inquired if Oswald was in the house. One of the females answered in the affirmative, adding “He’s upstairs.” Officer Pierce was guarding the exits to prevent Oswald’s escaping, if he should attempt to do so. The sheriff started upstairs, and when about halfway to the top Oswald sang out:
“Who is that?”
“It is me, Billy,” replied the sheriff, “and I want you.”
“All right, Ever, I will surrender to you, but no other s-- of b---- could take me.”
Reaching the top of the stairs, the sheriff found Oswald and his partner, Taylor, standing near the bed in the room.
Oswald held in his right hand a huge pistol and in his left the weapon, which was empty, with which he had killed McWhinney.
“Give me those pistols,” said the sheriff as he advanced.
“I will never give you this one,” replied Oswald exhibiting his loaded weapon and at the same time throwing the empty pistol on the bed.
“I will not take you out of this house with that pistol on you,” rejoined the sheriff.
“Then I won’t go,” was Oswald’s answer.
“Give it to Taylor then, and be quick about it, for the sooner you get in a place of safety the better for you.”
This brought to Oswald’s mind the fact that one or two of McWeeney’s friends had talked of lynching, and he asked, “Is McWeeney dead?”
“I think it is only a flesh wound,” replied the sheriff.
“Then I will go if you’ll protect me,” said Oswald handing the pistol to Taylor.
The sheriff assured him that he would protect him, and the three passed down the stairs and out the door, where Officer Pierce joined them and they all hastened to the jail, going in around about direction, the sheriff meanwhile advising the strictest caution against being discovered by the “mob.” This was a very clever ruse, and served the purpose of preventing Oswald from making resistance. The fact is, there was not the slightest danger of mob violence. The “flesh wound” story of the sheriff had the effect of lessening Oswald’s fear of punishment and the “mob story” hastened him toward the jail. When the party reached the jail and while Sheriff Wagness was unlocking the cell, Mrs. McWeeney, who had been informed of the tragedy, passed the courthouse. Oswald heard her heartrending cries, “O, my poor Pat! my poor Pat!” and then realized that the case was serious. The thought that McWeeney was dead seemed to seize possession of his mind and it is said he made a lunge for the pistol he had given Taylor at the bagnio where he was captured. Taylor wore a heavy coat and the pistol hung so far back upon his waist that Oswald failed to secure it. In another moment he was safe behind the bars. Being told that he had killed McWeeney he sent forth the most terrific volley of invective against the officers for deceiving him, calling them the worst names his adept tongue could pronounce. When he had exhausted his vocabulary he broke down and wept like a child.
A large number of his associates, and others who knew him, have visited the jail. He is contained in cell No. 1 of the new steel vault, and a watch is kept over him day and night. Sheriff Wagness deserves great credit for the successful manner in which he managed to capture.”
The same page also covers the reactions of Billy’s parents, Henry and Theresa Oswald, who came to town as soon as they heard of the arrest.
Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]), 09 Jan. 1886. Chronicling America: Historic American Newspapers. Lib. of Congress. <http://chroniclingamerica.loc.gov/lccn/sn88076514/1886-01-09/ed-1/seq-1/>
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