In January 1871, Hardin was arrested for the murder of Waco, Texas, city marshal Laban John Hoffman; however, he denied committing this crime. Following his arrest, he was held temporarily in a log jail in the town of Marshall, awaiting transfer to Waco for trial. While locked up, he bought a revolver from another prisoner. Two Texas state policemen, Captain Edward T. Stakes and an officer named Jim Smalley, were assigned to escort Hardin to Waco for trial. According to Hardin, they tied him on a horse with no saddle for the trip. While making camp along the way, Hardin escaped when Stakes went to procure fodder for the horses. He claims he was left alone with Smalley, who began to taunt and beat the then 17-year-old prisoner with the butt of a pistol. Hardin says he feigned crying and huddled against his pony's flank. Hidden by the animal, he pulled out a gun, fatally shot Smalley, and used his horse to escape. Hardin then claimed that while on the run he was "arrested" by three men named Smith, Jones, and Davis; but in Bell County, Texas, he killed all three with their own guns, after they became drunk and careless, and escaped again.