Witness to the mob #2
By J.Young
Serbian Bates was a servant to Mrs. Mcsween and the Mcsween household. He was born in 1842 somewhere in Madison County, Kentucky. Bates enlisted in the fifth Kentucky colored Cavalry in 1866 and re-enlisted in 1872. He was placed at Fort Stanton and discharged in January of 1877. Bates was a talented musician and played several instruments. Bates was employed by the Mcsween’s before and during the Lincoln County War. But unlike his coworker, Mr. George Washington, Bates kept his nose clean and stayed out of trouble. During the five-day battle when the soldiers arrived Mr. Bates was asked by Mr Mcsween to go down and ask some of the soldiers what their purpose was in town. While at Dudley’s camp, Bates was intercepted and threatened by Peppin and then forced to help carry wood with the soldiers to give to the Dolan men who were piling the wood up alongside Mcsweens home. After Mcsween was killed, The Dolan men heinously made Bates play his violin for entertainment as they celebrated their victory. The remains of the house in which Bates lived and worked still smoldered while the deceased body of his employer and friends lay out in the yard. The sounds those strings must have produced that night paint a disturbing image of the scene in my head.
Bates was also forced to dig the graves and bury 2 of the deceased, Mcsween and Morris.
Serbian Bates later moved in with George Coe and gifted him the violin that he was forced to play that horrible night. He lived with George for twenty years and passed away in 1910. Serbian Bates is likely buried at the George Coe Cemetery in Glencoe.

Ex-soldier, Serbian Bates, followed co-worker George Washington on the witness stand for Col. Dudley’s court martial trial…

Serbian Bates, witness being duly sworn testifies as follows
Questioned by a recorder: state your name and place of residence.

Answer: my name is Serbian Bates I live at the plaza county of lincoln.
Question: state where you were on the 19th day of July last, and whether you saw Colonel Dudley on that day where he was all you heard him say and do on that day state fully.

Answer: well, I was in Mr mcsween’s House sir but they came down the soldiers when I was there Mr Mcsweens wanted me to go out and ask the soldiers what were they down there for, at the time I saw Colonel Dudley on that day. Well he stood out there talking in front of the Montana house and was talking to Peppin, Bob Beckwith, John Hurley and the other man I do not remember. There was another one in a few moments, BobBeckwith went down to Mr Ellis and got a can of oil. I was standing near in front of Montana’s house when he came back and Mr Peppin said to get a gun, Bates, get a gun Joe Dickinson, get a gun and George Washington.
I told him I had nothing to do with the fight, I had no gun, I was never in it, and then they let me alone for a few minutes. Then they wanted old Mr Green John b Wilson to write out of warrant for Mcsween. Colonel Dudley said if he didn’t write it out quickly he would put him in double iron, horse whip him and report him to the governor. Then they commenced on me again the sheriff did. I stood there with the soldiers for protection while the fighting was going on and they had a conversation with me Peppin and his posse and Colonel Dudley stepped up and said make them go, make them go, it is your privilege, and so I gave all hope up, and so I went on with them half of the way, and then I commenced saying I would not go, and then Peppin says I can carry lumber to set the house of fire. Then when I was stooping over to pick up the lumber, Mrs Mcsween was coming by us, while I was carrying lumber to help set her house on fire, well then I threw the lumber down by the window on the east side of Mr Mcsween’s house. Then there were three soldiers standing there on the east side. they were standing right up by it, pretty close to it, and helping to pitch up the lumber closer to the citizens to burn them out. The soldiers said then after the house got burning pretty good, that the soldiers went on back to the camp and said they could only start the house to burn on the East side, and then I went on down back to camp and stood around there a few minutes and asked Colonel Dudley if I could get out a few of my things at Mcsweens. He replied that I had no business in there and I ought to have had them out long ago, then I stood off and saw the house burn. All were begging for protection, and Colonel Dudley said I have nothing to do with it and you have no business here. Then I said it was curious that you had nothing to do with it when you furnished soldiers to go around and help set the house on fire, and then he went to drink his logger beer or some kind of drink. Then I heard him say, “have you not got all those fellows burnt out of there yet? You were taking a hell of a while getting those fellows burnt out there.” Peppin said they got about one more room to stand in and then we will have them burnt out then Peppin walked around with Colonel Dudley and said that they are burned out now they are gone. Colonel Dudley, when the house was burned down, wanted to know whether they had killed Mcsween or not. They said “yes” they killed him. Then Dudley said thank God for that, then he said if it weren’t for me, “Colonel Dudley”, you would not succeed in your undertaking. The next morning the officers were laughing, smoking and drinking and went up to the Tunstall store, John Kinney had broken it open. Colonel Dudley and Peppin were in there and I saw all the men dressing themselves in new suits. Peppin walked out and left Colonel Dudley in there with a pair of pants or blankets under his arm that he had taken out of the store, I don’t know which. He said by God I will pay for it some day and Colonel Dudley came out a few minutes later and said by God the thing is complete now and I am going back to camp. Mcsween and Harvey Morris were laying out there dead. They said you had better get them men underground damn quick to me. Colonel Dudley and Peppin said or we will have you in the same fix pretty soon. Then they went down to camp in front of Montana’s and a few minutes later came some of the outlaws and said “hurry up, get that man out of the way.” I told him I was hurrying all that I could. I was alone and kept digging away. I told him the ground was very hard and rocky so they said that was all right they said would let me take my time then they sat there and asked me their names of the men that were in the house that was burnt down.
Question: State who if you know who set the house on fire.
Answer: Jack Long, John Kinney, Bob Beckwith, Johnny Hurley, Billy Matthews and thems all that I know. I did not know the rest of them at all. I do know one more name Marion Turner.

Question: What if anything did you see the soldiers do that day other than what you have already stated?
Answer: I see him go down to the creek by Colonel Dudley’s orders any man run out of Mcsween’s house while burning to halt them and if they did not halt to shoot them down to the ground.
Question: Did you see the Cannon or Gatling gun move that day, if so State what you saw done with the guns by the soldiers?
Answer: yes sir, The Cannon and Gatling gun, yes sir, they were fixing and pointing on the hill after some of the Mcsween men left Ellis’ house. Pointing at first one way and then the other, the men kept running when they saw the cannon pointing at them. The main party now was half gone and it was the Mcsween party. They went into the mountains and that’s why they kept it pointed first one way and then another at the house. It was by Colonel Dudley’s orders. He had some soldiers wiping it out and practicing to load… but not load it, because I was standing there looking
Question: What was the conversation Peppin and you had when you say colonel Dudley said make them go, make them go…
The court objected to this question
Question: Who wanted Mr. Green (J.B.) Wilson to write out a warrant for Mr. Mcsween if you know?
Answer: Colonel Dudley… Recorder is finished with the witness and now is being cross-examined by Colonel Dudley…

Question: you are a servant of Mrs Mcsweens, are you not? If so, how long have you been her servant or a servant in her family?
Answer: Yes sir I am about a year and a half as near as I can tell.
Question: Have you ever talked with anyone about this case before coming on the witness stand?
Answer: No sir
Question: Have you ever told anyone what your evidence was going to be before being called to the witness stand?
Answer: No sir I’ve never told them
Question: Now have you not told Mrs Mcsween all about what you have said you saw and heard on the day Mr Mcsween was killed?
Answer: No sir I have not told her all about it.
Question: Have you ever told judge Ira B. Leonard anything about what you know of the occurrences of that day?
Answer: No sir

Question: What time of the day was it when the house of Mr Mcsweens was set on fire?
Answer: Well I can’t tell exactly it was between 9:00 and 10:00 in the day as near as I can guess at it…
Question: What time was it when the house was finally burned?
Answer: Well it was in the evening it was quite dark when the men commenced running out of the fire. Question: Were you there at that time at the house I mean?
Answer: No sir I wasn’t at the house I was close to Sir. 

Question: where were you? Answer: I was at the tunstall building in the next house. Question: where did you go from there?
Answer: I went down to Juan patrons building.
Question: Where did you go from there?
Answer: I stayed there sir in front of the soldiers. Question: did you go into the camp that night or about it after the burning of them between houses?
Answer: No sir I was close to it

Question: how close were you to it?
Answer: I was right up to camp pretty close to it I could not tell exactly.
Question: Who was it you went away with when you said Peppin summoned you and said you could go and carry lumber and set the house on fire?
Answer: I was with Bob Beckwith and Johnny Hurley, the other man I did not never know his name.
Question: How long did you remain at the Tunstall building when the Mcsween house burned down, before you went up to the Patron’s house?
Answer: I don’t know sir.
Question: How long about then?
Answer: About a half hour I think.
Question: Did you go directly to Patron’s house from there?
Answer: Yes sir
Question: How long did you remain there?
Answer: I stayed there all night.
Question: Did you go into the patron house when you arrived there from the tonsil building?
Answer: Yes sir
Question: How long did you remain in before you came out again?
Answer: I came off and on all while until daylight. It was but a few minutes before I came out again and saw what was going on.
Question: Where did you spend your time when out of the Patron house?
Answer: Up and down the street.
Question: how often did you stop at about or near the camp of the troops?

Answer: Well I was standing looking at them all night when I was not in the house.
Question: Now Bates, it is not the truth that you didn’t go up to the Mcsween house at all when you went away with Hurley and Beckwith and the other man who we do not know to carry lumber as you say to set the house on fire… but in fact stopped at the house or near the house where Captain Baca then lived now occupied by Mrs Mcsween.
Answer: Yes sir it is the truth. One thing I wish to correct, I did go and carry lumber every little while. Question: Who was present at the time when you say colonel Dudley said to Peppin make him go make him go it is your privilege…

Answer: Joe Dixon, George Washington, sergeant Lusk, James Bush, John Williams and a lot of Mexican women that I don’t know, a lot of soldiers that I don’t know seen it all.
Question: Were they colored or white soldiers or both?
Answer: Both.
Question: were there any of the officers present? Answer: Yes sir well Captain Dudley Captain Blair lieutenant Goodwin, Captain Purington and I don’t know who else…Dr Appell.

Question: Was Peppin or any of his men there? State who they were if you know.
Answer: Peppin was there John Hurley John Kinney and Billy Matthews
Question: Did you see Colonel Dudley after the Mcsween house was burned?
Answer: Yes sir.
Question: Where?
Answer: To the Tunstall store
Question: Was that the first time?
Answer: no sir it wasn’t the first time
Question: When was the first time then?
Answer: Well I saw him in the camp that morning before colonel Dudley came up to the Tunstall building. Question: Have you not been a US soldier? If so in what regiment did you serve where were you last stationed and when and where were you discharged?
Answer: Yes or I served in the fifth US Kentucky cavalry served a year here in the ninth cavalry discharged right here sir at this post I was discharged 1877 on January 13th.

Question: were you a member of the 9th cavalry band? If so, how long were you remember and when did you cease to be a member thereof?
Answer: Yes sir about 8 or 9 years and 1877 I just don’t remember what month or time it was.

Question: What three soldiers did you see down at the Mcsween house pitching lumber as you say to the citizens giving their names.
Answer: Well I don’t know nobody but Sergeant Keefe. The other two men I did not know but I knew sergeant Keefe.
Question: How long did you see them there?
Answer: I saw them there until the house got burning good. Well I can’t tell it was a short time I just can’t tell. Question: How many times did you see Colonel Dudley that day?
Answer: Well I saw him mighty and I all the while I talked with him
Question: When at what place or place is?
Answer: He was down at his camp in front of the Montana store.
Question: How long was it before the Mcsween house burned down that you saw him in the last time?
Answer: As soon as the soldiers came down.
Question: Do you mean the three soldiers that were at the house pitching lumber to the citizens as you say if not what do you mean?
Answer: I mean the whole of all of them.
Question: When was the last time you saw Colonel Dudley before the Mcsween house was finally burned about what time of day?
Answer: I saw him that night, that evening, well I can’t say what time. I saw him while I was out of the house. I saw him off and on.
Question: Then you were in or about the camp pretty much all day were you?
Answered: No sir I was about it where I could see. Question: Do you see Mcsween at the time he was killed?
Answer: No sir I did not see him at the timings killed Question: Did you see the men when they ran out of the burning building?
Answer: No sir I saw one man run out
Question: When did you first learn that Mcsween was killed?
Answer: I heard the next morning was the 20th. Lieutenant Dudley by his council stated that he had finished with the witness and now a question by the recorder: Explain what do you mean when you state you have not talked about this case do you mean that you have not talked about it at all or that you have not talked about what you would swear to?
Answer: I have not talked about what I could swear to.
Question: You stated that you wanted to correct your statement when the question was asked if it was not the truth that you did not go up to the Mcsween house at all when you went away with Bob Beckwith and the other man explained what you wanted to correct.
Answer: All I said was I did go and help carry lumber but did not stay but a few minutes before the house was in a light blaze.
The recorder States it just finished with the witness and now another witness asked another question by Dudley: How long was it after you stopped at the Baca house and were you forced to go and if so who forced you to do so?
Answer: I stopped there after I left his camp and after  about a minute went on up to the building. Yes sir it was Colonel Dudley that did it.
Question: Who was present at the time?
Answer: Peppin, John Hurley, Bob Beckwith, Sergeant Lusk, James Bush, a soldier, John Williams and the rest of them soldiers that I don’t know the names of.
Question: Who did you go down to the mcsween house with when you carried the lumber as you say?
Answer: I went down with John Hurley Bob Beckwith another man. I do not know his name. There were three of them.
Witness now retires.