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office in Union Bay a third time. Constable McKenzie had hired Special Constables Gordon Ross and Harry Westaway to protect the local businesses. After spotting a light and then hearing a noise within the store, the constables snuck in to catch the crooks in the act. They found the two in the back, and attempted to rush them in the dark. Wagner fired two shots, one of which hit Westaway in the chest and punctured his left lung. He reportedly called out, “I am shot, have you got him Gordon?” Ross and Wagner then struggled hand to hand. Wagner is said to have called out to Julian, “shoot him, shoot to kill, never mind me.” His accomplice, however, had already fled. Westaway lay severely wounded on the ground and is reported to have said to his partner, “I am shot through the lung. I can’t help you.”
During the desperate struggle, Ross and Wagner both battled over control of the revolver and clubbed
each other with it, and four additional shots appear to have been fired, narrowly missing their target and leaving burns on Ross’s clothes. Wagner bit Ross on the hand, and Ross clubbed back with his billy club only to lose it to Wagner who struck him back, but he eventually succeeded in knocking Wagner unconscious, handcuffed him, and looked for his partner
in the dark. After finding Westaway in a pool of blood, Ross heard his last words: “Goodbye Gordon, goodbye.” Wagner regained consciousness, but Ross knocked him back out and then hurled the club through the window to yell for help. He found Constable McKenzie who barely recognized him in the dark. Wagner gave up Julian’s identity after regaining consciousness. Shortly after, the lawmen realized they had captured the famous Flying Dutchman when Chief Stephenson of Cumberland arrived on the scene. Once illuminated, the store was a wreck with blood, knocked over shelves, shattered windows, and broken goods.
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Henry Wagner (1870-1913) was known by multiple names during his life of crime, including Henry Ferguson, H. Ferguson Sastro, Harry Hall, The Flying Dutchman, and Jack the Flying Dutchman. Wagner may have been part of the Wild Bunch Gang for a period and was suspected of involvement in the gang’s train robbery at Wilcox, Wyoming, in 1899. In the Seattle area, he and his accomplices would use boats to quietly slip in at night and burglarize businesses and then slip back away. This reputation plus his slight German accent earned him the Flying Dutchman nickname. He was also known as a “waterfront pirate” for his methods. In 1900, he got into a gun battle on Camano Island with King County Sheriff Zimmerman and his deputies and burned his schooner and its load of stolen goods and made his escape but was identified by his accomplice Gilbert Hanson who was captured. The next year, the authorities raided the homes of Ed Nolan and Ed Haskins on Camano Island and found goods stolen from G.E. Webster’s store on October 7th as well as Wagner’s revolver and ammunition. Nolan was arrested, but Haskins escaped. Wagner was arrested and charged in a multitude of robberies. He admitted his guilt in the robberies and in smuggling $70,000 worth of opium. He was found guilty in the robberies and sentenced to fourteen years in the Washington State Prison at Walla Walla but was released in eight on good behavior.
That good behavior did not last once he was a free man, and he quickly returned to a life of crime
and used a new motor launch to raid business in Puget Sound. He repainted his boat and made other modifications regularly to avoid detection. One night, Wagner, John McDonald, Nels J. Jorgensen, and William Julian were robbing the post office in Langely on Whidby Island, and McDonald and Jorgensen were captured leading to wanted posters for Wagner’s alias Henry Ferguson were put up. He and Julian moved across the border to Vancouver Island and continued to burglarize local businesses. On the night of March 4, 1913, around 1 a.m., Wagner and Julian targeted the Fraser & Bishop’s Store adjoining the post