Volume 18 , Issue 17

1948 Affidavits Submitted to Verify Outlaw's Claim

The Lawton Constitution, Lawton, Oklahoma, 19 May 1948, Wednesday, page 1, reported an affidavit supporting that J. Frank Dalton was the legendary outlaw Jesse James. The affidavit was signed and published 24 April 1948.

Found on Newspapers.com

Emmett L. Keogh, Constitution staff writer, wrote the following article:

Lived By A Code
With his cold-blue eyes beaming, Jesse himself has confided to his intimates that "A half million people in Texas alone" knew for all these years that Col. J. Frank Dalton of Centerville was none other than the man who was feared in some corners as a ruthless desperado in the 1870's, and respected in others as a man who never turned down a friend in need.

But there's a code among the kith and kin of that lost generation of Americans who lived by the staccato bark of a flaming sixgun as they took from the people "who had it, and distributed their loot to those that didn't."

That code, never spoken but always understood, makes ti an offense punishable by death reveal the hand of a man whose past failed to meet with the dictates of the law.

For Texans of that generation judged a man "for what he is, not what he was," and Col. J. Frank Dalton, is a man with a generous heart. And sons of Texas pioneers love the man they know as Colonel Dalton.

Known as a soft touch by his associates, the tales of J. Frank Dalton's generosity were legend even as were the earlier stories of the man known as Jesse James, feared as an outlaw, but loved by man, with the icy eyes and the booming voice, now in Lawton, near the heart of his former Wichita mountain hideout, is Jesse James living - not dead. They follow:

1. An affidavit made in Houston County, Texas, May 7, 1948, by Mary M. James.

"My name is Mary M. James, widow of William Martin James, deceased. My husband passed away during the month of August, 1947. My father was Joe Christie - he married Mary Lousie Pate (my mother) and I was born not far with us a few weeks he helped us pick cotton and do other work about the place which was on the Neches river. I had many opportunities to get a good look at this man who wore long hair which was more or less wavy, he had blue eyes,fair complexion. I recollect then that he left a steel bullet proof jacket when my brother carried him to Lufkin, Texas. We found n identification card in the jacket naming him as Jesse James. My brother carried him on to Lufkin and he sent a gallon of whisky back by my brother for my father. I do not recall seeing him any more until the week of Aoril 8th, 1948, at which time this same man came for a week's visit with my son and his wife. My son's name is Jesse Cole James. I would be willing to swear that this man now going by the name of J. Frank Dalton is the same man who we knew years ago as Jesse James alias Jesse Redmond."

2. An affidavit made before Marble J. Carpenter, Lawton notary public, May 15 by Toss Ingram, Ringling, Oklahoma. "I was born in Searcy county, Arkansas, near town of Marshal along searcy-boone county line in Bastou mountains. In February, 1884, I was about 6 years old. Anyway it was the year of the big snow in Arkansas. My dad was well acquainted with Frank and Jesse James. They were swapping horses and cattle. I sold Jesse James a pot-bellied calf for about $2.50 with which money I bought my first suit of clothes. They had good cartridge guns and shot up a lot of shells at some big red oak trees near our big house. My dad's name was John W. Ingram.

"We moved to Texas, then Oklahoma. I met and knew Frank James around Ardmore. About 16 or 18 years ago two men showed up at Ardmore, Oklahoma. One was, I thin named DeWitt Travis. The old man I remembered as the one with Frank James back at our old home in Arkansas which I saw them many times. My father always said Jesse James was not dead but would not say much more.

"So along about 1930 to 1931 this old man gave a few lectures around Ardmore and Wilson. I hauled him out to visit Old Lady Jones. We talked about my father and my father's old place and I knew he was Jesse James. To the best of my knowledge and belief Jesse James is still alive in 1948 staying over around Lawton, Oklahoma at this time. At the present time and for 30 years I have lived on Route No. 1 Ringling, Oklahoma, and lived around Ringling since 1892."

3. An affidavit made in Grady county, Oklahoma, May 13, 1948, by Dan Burns.

"My name is Dan Burns, I am 68 years of age the 21st day of May, 1948. I was born i Montague county, texan. My father was T. J. Burns, mother was Nancy Burns. We moved from Texas to Indian Territory,Oklahoma, when I was eight years old to a place near Bear Creek near Dayle, Oklahoma. I was 12 years old or about at the time I used to see Frank and Jesse James and others of t heir gang.

"Today on this date I have seen some various pictures of a man still living. To the best of my knowledge this man over 100 years old int he notorious outlaw Jesse James. I now reside at home of Annie Kirk in Rush Springs, Oklahoma."

4. An affidavit by Gus E. Pierson, Lawton, and Orvus Lee Howk, Centerville, Texas, sworn before Mr. Carpenter, in Lawton, May 13, 1948.

"That the both of us were in Rush Springs, Oklahoma, this day to see and talk to Dan Burns and also Bob McWhorter who reside there. Dan Burns signed an affidavit wherein he identified several pictures of Jesse James which had been taken years ago and recently.

"Bob McWhorter said, "Mister, these pictures look might, mighty natural to me. I am not much for talking about early life because of certain things we did. But I know these pictures to be of Jesse James and one of them is Frank James, whom I knew very well. I am 87 or 88 years old now and have had four operations. I don't get around like I once did. I first saw Frank and Jesse James when I was with them last when I was 22 or 23 years old. I was with them all over the Indian Territory and up at Camp Supply, Dodge City, and on the trial and on the dodge, too."

"Jesse James, I liked better than his brother because Jesse was more quiet and soft-spoken while Frank was a little too loud," said Bob McWhorter. "I don't want to sign an affidavit right now because I never once thought that a good friend of mine like Jesse was would do me what he did. He took my best horse a buck asking horse and left one he had in its place that was not any good to me. He rode that horse of mine all the way rom Dodge City, Kansas, up to Nothfiled, Minnesota and never brought my horse back. If Jesse will come over here and try and square up with me I'll be blamed glad to take able $50.00 for that horse and forget it." said McWhorter.

"I know that the real Jesse James did not die like the people think. I saw Jesse the last time about 45 or 50 years ago and talked to him but he never mentioned settling up with me about my horse. Yes, I would like to go over and see Jesse no because I am satisfied he is still living since I saw these recent pictures but I am not able to travel. I am now on the mend because of the last operation." he said, "But you just bring him on over here if he can come and I'll be mighty proud to meet him again., said Mr. McWhorter. "I still ride a horse that I got several years ago. I don't walk much because my feet bother me. I don't talk mucho people about anything, but these pictures you showed to me certainly do look mighty natural."

When we returned to Lawton and told Jesse James, alias Frank Dalton whom we had seen he brightened up and laughed, "You doggone right I do remember Bob McWhorter. Yes, I took his horse and left mine in its place and I don't intend to pay him for that horse because mine was just as good as that I left him."
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