Whispering Smith’s Adventures
By Allen P. Bristow
The saga of James L. Smith, a man who would become famously, or perhaps infamously, known as "Whispering Smith," is a complex tapestry woven from threads of Civil War service, law enforcement, frontier justice, and a life that ultimately blurred the lines between right and wrong. His story, far from the romanticized depictions in popular fiction, is a gritty and often unsettling portrait of a man navigating the turbulent landscape of the American West. This is the story of Whispering Smith.
Smith’s journey began in the crucible of the American Civil War. He served with the U.S. Navy aboard an ironclad gunboat, patrolling the vital arteries of the Mississippi River. This experience, undoubtedly formative, provided him with a taste of authority and a firsthand view of the nation’s deep divisions. Following the war’s conclusion, Smith remained in the South, taking on the role of a Plantation Inspector for the Freedmen’s Bureau. In this capacity, he was tasked with investigating crimes perpetrated against newly emancipated slaves, a position that thrust him into the heart of the Reconstruction era’s social and political turmoil.
His dedication to law enforcement continued with his appointment as a detective in the newly formed New Orleans Metropolitan Police. Smith served for several years, honing his skills in investigation and crime-solving. However, his time in New Orleans was marred by a shooting incident that ignited a public scandal. The details of this event remain somewhat shrouded in mystery, but its consequences were clear: Smith and his wife were compelled to flee the city, seeking a fresh start in the burgeoning West.
The couple found their way to Omaha, Nebraska, a city rapidly transforming into a major railway hub. Here, Smith secured employment as a detective for the Union Pacific Railroad, a powerful and influential company that played a pivotal role in connecting the East and West coasts. His duties took him further west into the wild territories of Cheyenne and the Black Hills, regions characterized by burgeoning settlements, rampant lawlessness, and simmering tensions between settlers and Native American tribes.
It was during this period that James L. Smith truly earned the moniker "Whispering Smith." The nickname, evocative of a quiet and calculating demeanor, hints at the methods he employed to maintain order in a chaotic environment. He became embroiled in several violent confrontations, including the shooting of two adversaries and alleged involvement in the lynching of two others. These incidents, whether justified or not, contributed to his growing reputation as a man who operated outside the bounds of conventional law, a reputation that would follow him throughout his life.
The Union Pacific Railroad eventually terminated Smith’s employment, possibly due to the controversies surrounding his actions. Undeterred, he sought a new opportunity on the Mescalero Indian Reservation in New Mexico, where he was appointed Chief of Indian Police. In this role, Smith was responsible for maintaining order within the reservation, capturing outlaw tribal members, and suppressing criminal activity. His tenure was marked by further violence, including a raid on a rustler’s camp that resulted in the shooting of two individuals.
However, Smith’s time on the reservation was cut short by a confluence of factors, including reservation politics and governmental criticism. Before his departure, he even challenged the legendary lawman Pat Garrett to a duel, a testament to his audacity and willingness to confront even the most formidable figures. The duel never came to fruition, and Smith returned to Cheyenne, where he found employment as a stock detective for the Wyoming Stock Growers Association.
The work of a stock detective was often shrouded in secrecy, operating in the shadows to protect the interests of powerful cattle barons. As a result, the full extent of Smith’s activities during this period remains unclear. He was suspected of participating in several lynchings, actions that, while perhaps condoned by some at the time, represent a dark chapter in the history of the American West. One particularly egregious event came to light when Smith orchestrated the contract killing of a rustler who had fled to Mexico, a revenge killing for the death of a fellow range detective.
Smith’s involvement extended beyond acts of violence. He played a role in the attempt by granger interests to enact fence laws in Nebraska, a contentious issue that pitted farmers against cattle ranchers. Smith scoured Wyoming and Nebraska, recruiting ranch hands who could be fraudulently registered to vote in the election districts, hoping to sway the vote against the legislation. However, his efforts ultimately failed, hampered by blizzard conditions and the financial collapse of the cattle industry in 1887.
The economic downturn forced Smith to seek alternative employment. He found work as a railroad detective with the Northern Pacific Railway, a position that once again placed him in the midst of the West’s rapidly evolving landscape. However, his association with the Wyoming Stock Growers Association continued to influence his trajectory.
During his tenure with the association, Smith had befriended Alexander H. Swan, the "Cattle King" of Cheyenne, a man of immense wealth and influence. Swan had financial interests in a Utah short-line railroad corporation and harbored suspicions of fraud against an associate named John R. Middlemiss. Swan persuaded Smith to resign from the Northern Pacific and conduct a private investigation into Middlemiss’s activities.
Smith, acting as a private detective, launched a vendetta against Middlemiss, gathering evidence and circulating inquiry letters to police departments in Utah and California. However, his actions backfired when parts of his letters were deemed to be criminal libel, leading to his arrest and trial. Despite being found guilty and fined, the Swan interests stepped in to pay the penalty, highlighting the power and influence of Smith’s connections.
By 1891, seemingly weary of the constant conflict and stress, Smith turned his attention to prospecting for mineral deposits in Utah. He proved to be successful, locating several promising claims. After resolving legal disputes over ownership, he sold these properties to the Pleasant Valley Coal Company at Castle Gate, a mining town nestled in the rugged mountains of Utah.
With his newfound wealth, Smith once again transitioned back into law enforcement, becoming a railroad detective for the Denver & Rio Grande Railroad. This railroad’s primary customer was, ironically, the Pleasant Valley Coal Company, the very company to whom Smith had sold his mining claims. The company soon hired Smith as their security officer, placing him in charge of protecting their assets and maintaining order in the volatile mining town.
Castle Gate was a haven for outlaws and criminal elements, and the local sheriff, Gus Donant, was widely suspected of corruption. When Donant attempted to appoint C.L. "Gunplay" Maxwell, a notorious rustler, as his deputy, Smith launched a campaign to have Donant removed from office. His efforts were eventually successful, but they also placed him in direct conflict with two local attorneys, J.W. Warf and M.P. Braffet, setting the stage for further confrontations.
In April 1897, the Pleasant Valley Coal Company payroll was robbed by Butch Cassidy and his infamous gang. Smith and his friend Cyrus "Doc" Shores participated in the investigation, but their efforts proved fruitless. The stolen payroll remained unrecovered, and Cassidy and his gang continued their reign of terror.
The simmering feud between Smith, Warf, and Braffet escalated throughout the year, culminating in a dramatic gunfight at the Denver & Rio Grande Railway station in Price, Utah. Smith was arrested for attempted murder and stood trial in February 1898. Although he was acquitted, the incident marked the end of his employment with the Pleasant Valley Coal Company.
Smith relocated to Denver, Colorado, where he was hired by a newspaper editor to intimidate William "Bat" Masterson, a legendary figure in his own right, and drive him out of town. Following this confrontation, at the age of 72, Smith took on the unlikely role of a prison guard at Buena Vista, Colorado. In this capacity, he shot and killed an escaped prisoner, adding another violent incident to his already checkered past.
This final act effectively closed the book on Whispering Smith’s adventurous career. He retired to Denver, his health failing and his financial resources depleted. Destitute and ill, Smith deliberately conspired to be jailed in the Denver County Jail, seeking medical attention and a modicum of comfort. On August 27, 1914, he took his own life within the confines of his cell, bringing an end to a life filled with both triumphs and tragedies. He was buried at the Riverside Cemetery in Denver, his grave remaining unmarked for many years. Efforts are currently underway to secure a Civil War headstone to honor his service.
Ironically, the real Whispering Smith’s adventures were largely unknown to the public during his lifetime. It was through the fictionalized portrayal of a railroad detective that his name gained widespread recognition. Frank H. Spearman, an aspiring author, sought to write a novel about the heroic exploits of a railroad detective. He had heard the name "Whispering Smith" but knew nothing of the man behind the moniker.
To gather inspiration for his story, Spearman consulted with two prominent railway detectives, Timothy Keliher and Joe LeFors. Drawing from their experiences and anecdotes, Spearman crafted a fictional character named "Whispering Smith," a composite of Keliher and LeFors. The real James L. Smith was never contacted by Spearman and, according to available records, was unaware that his nickname was being used for a fictional character.
Spearman’s novel, Whispering Smith, was published in 1906 and quickly became a bestseller, captivating readers with its tales of daring railroad detectives and thrilling adventures. Hollywood soon recognized the potential of Spearman’s catchy title, and over the years, several motion pictures and a television series were produced, all bearing the name "Whispering Smith." However, these fictional adaptations bore little resemblance to the actual life and experiences of James L. Smith. The fictional character, Whispering Smith, became a symbol of justice and heroism, a stark contrast to the complex and often controversial figure of the real man.
