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TOGA NEWS
Issue 5, May, 2002
Here their old luck followed them; some horses being stolen one night in the vicinity, they were accused of being the thieves, but the parties making the accusation it seems were afraid to undertake the arrest. Foster's father, starting to mill on the same day, was taken by seven men on the road, four miles from home, and hung two or three times to draw out a confession. 

His little son, who was with him, ran back and informed Foster and Holderman of what was taking place. They mounted their horses and dashed off to his rescue, and on arriving at the place found the squad preparing to hang the elder Foster again, in the yard of a man named Kennedy, who was the leader of the enterprise. As they rode up Kennedy raised a double-barreled shot gun, snapped a cap at Holderman, which failed to fire, and turning the other barrel on Foster filled his body with buckshot, wounding him very seriously and killing his horse. Holderman ensconced himself behind a gate-post and opened fire on the squad, which was returned by a volley which tortously crippled his horse. 

A lively fight was kept up for a short time, in which he succeeded in shooting Kennedy through the body, and seriously wounding three others, and sending the rest to the brush. Rescuing the old man, and taking the wounded Foster, they returned home, where the younger Foster lay at death's door for several weeks from the effects of his wounds. 

Concluding that Arkansas did not suit him to every respect, Holderman returned to Kansas, and taking his wife went to Henry county, Missouri, where he lived through the winter. In the spring he came over to Kansas again, where he met Foster, who had recovered, and after a trip through Texas, Mexico and the Indian Nation had found his way back to Linn county. 

                                                ARREST OF THE MURDERER.

Sheriff Goss hearing of their presence gathered a company of men and undertook their capture again, but after a night's search, and chasing them sixteen miles, in the morning was compelled to relinquish it. He and Foster returned to Henry county, and deeming it unsafe to remain there, Holderman removed with his wife to Polk county. Foster returned to Arkansas, but the attraction in Linn county was too great, and after a short stay started back again, intending to get his sweet-heart and leave the country. While on the way up he was recognized in Bates county, Missouri, arrested and sent over  to Kansas. By this time suspicion as to who were the murderers of Carver had gained tongue, and were openly expressed. 

Enough was gained from Foster to authorize the issuing of a warrant for the arrest of Ward and Holderman on charge of murder. From Foster it was learned that Ward was somewhere in the vicinity of Lawrence, and on search being made, he was found, arrested and placed on trial. During the trial, the knowledge of the men who had witnessed the murder was brought out, which conslusively fastened the act on Holderman and Foster as principals, with Ward as an accomplice and accessory to it. Ward was convicted of murder in the second degree, and sentenced to the penitentiary for ten years, where he is at present serving out his sentence. Foster was remanded to jail until the next term of the court, and sent to Lawrence for safe keeping here in our county jail some six or seven months. While confined here, Foster and a few other prisoners attempted to escape, and came near succeeding, while carrying firewood into the jail, under the direction of Mr. George Fanning, the Deputy Sheriff. Foster struck Mr. Fanning on the head with the heavy iron jack of the door, knocking him down, when they  all ran out and attempted to get to the brush. The alarm was promptly given by Mrs. Ogden, who heard the noise attendant on their operations, and after a lively chase by a number of citizens they were all retaken and placed in irons. Foster was again taken to Linn county for trial, but a change of venue was granted to Garnett, in Anderson county. Accordingly, on the Sunday previous to the holding of court at which he was tried, Sheriff Goss started, with one attendant, to take him in a wagon to Garnett for trial. As they were driving along the road near a body of timber in Linn county, forty or fifty men started suddenly from the brush and made a dash for the wagon, with the evident intention of capturing them Sheriff Goss drew his revolver and fired four shots at them, as rapidly as possible, while his attendant fired twice, but they were immediately surrounded and Foster taken from the wagon and into the woods, while Goss and attendant were allowed to pursue their way without any further molestation. While advancing on them, the party fired volley after volley over their heads, but it was evidently for the purpose of intimidating them without doing harm. The next day Foster was found swinging from the limb of a tree at the same spot, having been hung immediately after being taken. So ended his career of crime, at the early age of nineteen. Previous to his death, he had given a hint as to where Holderman could be found. Measures were immediately taken to hunt him down. On the morning of the 2d of July 1866, the anniversary of his wedding day, his house in Polk county was surrounded before daylight by a band of determined men, who concealed themselves in the thick underbrush with which it was surrounded. They knew the man with whom they had to deal, and laid their plans carefully. Holderman, ever suspicious and on the watch, discovered something amiss on getting up, or intuitively scented the danger, and determined to escape. Just as he stepped from the door, with pistol in hand, with the intention of getting to his horse, one of the party stepped on a dry limb, making a cracking noise. As quick as thought, a bullet from Holderman's pistol grazed his ear. At the same instant one of the party fired at Holderman with a rifle, the ball striking him in the region of the stomach, and bringing him to the ground. He was secured, brought back, tried, convicted of murder in the first degree, and sentenced to death. There being no secure jail at Mound City, the place of his conviction, he was brought here immediately after his sentence for safe-keeping. 

--And yesterday, in the jail yard in Lawrence, the last act of the drama was closed and his wild career forever ended. Thus they go, one by one, all the fierce desperadoes who have never allowed the troubled borders a moment's peace. "They who live by the sword, shall perish by the sword."