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editor of the Herald of Newburyport, Massachusetts, had a friend in Dickinson who occasionally sent him news of the frontier which he printed as the "Dickinson (Dakota) Letter to the Newburyport Herald."

[Illustration: Dow and Sewall in the boat they made themselves, laden with the loot of the thieves.]

To illustrate what manner of men we need [he wrote during the week following the successful conclusion of Roosevelt's adventure], I will relate an incident which is to the point. I presume you are all acquainted, through the newspapers, with the Hon. Theodore Roosevelt, who is quite prominent in New York politics and society. He owns a ranch on the Little Missouri, about eighty miles northwest from here, and created quite a stir last Sunday by bringing to town three horse-thieves whom he had captured with the help of two of his "cow men."

Thereupon follows the story of the capture and jailing of Finnegan and Company.

When I saw him [the correspondent continues], Mr. Roosevelt had been on the "trail" for three weeks, and wore a cowboy's hat, corduroy jacket, flannel shirt, and heavy shoes, but was in excellent health and spirits.

Said he, "I don't know how I look, but I feel first-rate!"

The next morning he appeared in the justice's court, saw the outlaws indicted, and a little later took the train bound west, for his "cow camp." I had never seen Mr. Roosevelt before, although I had read many articles from his pen; and when I left home I had no idea of meeting a gentleman of his standing on the frontier masquerading in the character of an impromptu sheriff. But, only such men of courage and energy can hope to succeed in this new, beautiful, but undeveloped country.

The justice of the peace who indicted the thieves was Western Starr. He turned out to be an old acquaintance of Roosevelt's, a classmate in the Columbia Law School. The coincidence gave an added flavor to the proceeding.

In Medora there seemed to be only one opinion concerning Roosevelt's adventure, though it was variously expressed.

"Roosevelt," said his friend, John Simpson, a Texan, who was owner of the "Hash-knife" brand and one of the greatest cattlemen in the region, "no one but you would have followed those men with just a couple of cow-hands. You are the only real damn fool in the county."

The rest of the population echoed the bewildered query of the teamster from the Killdeers. "Why didn't you kill them?" every one asked. "They would have killed you."

"I didn't come out here to kill anybody," Roosevelt answered. "All I wanted to do was to defend myself and my property. There wasn't any one around to defend them for me, so I had to do it myself."

And there the matter rested. But the people of Medora began to see a little more clearly than they had ever seen before the meaning of government by law.[21]

[Footnote 21: The thieves were tried at Mandan in August, 1886. The German, known as "Dutch Chris," was acquitted, but Finnegan, and Bernstead, known as "the half-breed," were sentenced to twenty-five months in the Bismarck Penitentiary. Finnegan glared at Roosevelt as he passed him in the court room. "If I'd had any show at all," he cried, "you'd have sure had to fight!"

That was no doubt true, but his anger evidently wore off in the cool of the prison, for a little later he wrote Roosevelt a long and friendly epistle, which was intended to explain many things:

In the first place I did not take your boat Mr. Roosevelt because I wanted to steal something, no indeed, when I took that vessel I was labouring under the impression, die dog or eat the hachette.... When I was a couple of miles above your ranch the boat I had sprung a leak and I saw I could not make the Big Missouri in it in the shape that it was in. I thought of asking assistance of you, but I supposed you had lost some saddles and blamed me for taking them. Now there I was with a leaky boat and under the circumstances what was I two do, two ask you for help, the answer I expected two get was two look down the mouth of a Winchester. I saw your boat and made up my mind two get possession of it. I was bound two get out of that country cost what it might, when people talk lynch law and threaten a persons life, I think that it is about time to leave. I did not want to go back up river on the account that I feared a mob.... I have read a good many of your sketches of ranch life in the papers since I have been here, and they interested me deeply. Yours sincerely.

&c.

P.S. Should you stop over at Bismarck this fall make a call to the Prison. I should be glad to meet you.]

Chapater XXIII

 

Oh, I am a Texas cowboy, light-hearted, brave, and free, To roam the wide, wide prairie, 'tis always joy to me. My trusty little pony is my companion true, O'er creeks and hills and rivers he's sure to pull me through.

When threatening clouds do gather and herded lightnings flash, And heavy rain drops splatter, and rolling thunders crash; What keeps the herds from running, stampeding far and wide? The cowboy's long, low whistle and singing by their side.

Cowboy song

By a curious coincidence the culmination of Roosevelt's dramatic exposition of the meaning of government by law coincided in point of time precisely with the passing of the Bad Lands out of a state of primeval lawlessness into a condition resembling organized government.

Since the preceding summer, Packard had, in the columns of the Cowboy, once more been agitating for the organization of Billings County. The conditions, which in the past had militated against the proposal, were no longer potent. The lawless element was still large, but it was no longer in the majority. For a time a new and naïve objection made itself widely heard. The stock-growers protested that if the county were organized, they would be taxed! The Mandan Pioneer explained that, according to the laws of Dakota Territory, the nearest organized county was authorized to tax all the cattle and other stock in Billings County, and that "the only possible difference that could result in organization would be to keep the taxes at home and allow them to be expended for home improvements such as roads, bridges, schoolhouses, and public buildings." The cattlemen were not in a position to explain publicly what they probably meant, namely, that a board of county commissioners and a tax assessor sitting in Medora would have far less difficulty than a similar group sitting a hundred and fifty miles east in Mandan in following the mysterious movements of their cattle during the season when assessments were made. An active agent of the county might conceivably note that when Billings County, Dakota, was making its assessments, the herds could generally be found in Fallon County, Montana, and that when Fallon County was making its assessments, the cattle were all grazing in Billings. But even in the Bad Lands it was no longer politic to protest openly against what was palpably the public welfare, and the petition for the organization of the county received the necessary signatures, and was sent to the governor. "This is a step in the right direction," patronizingly remarked the Mandan Pioneer. "Billings County is rich enough and strong enough to run its own affairs."

Merrifield and Sylvane Ferris had been active in the work of organization, and were eager to "run" Bill Sewall for County commissioner. But that shrewd individual pleaded unfitness and lack of time and refused to be cajoled into becoming a candidate.

There is some doubt concerning the exact date of the first election. Roosevelt's diary would indicate that it was held on April 12th, but the paragraph printed in the Minneapolis Tribune of April 15th would indicate that it was held on the 14th. Both statements are probably wrong, and the election in all likelihood was held on the 13th.

Roosevelt, having testified against the three thieves, returned to Medora late on the afternoon of election. There had been many threats that the party of disorder would import section hands from the neighboring railway stations to down the legions of the righteous. An especial watcher had been set at the polling-places. It was none other than Hell-Roaring Bill Jones. He was still on most cordial terms with his old intimates, the ruffians who congregated at Bill Williams's saloon, but he liked Roosevelt and the men who surrounded the young Easterner, and had cast in his lot with them. The effectiveness, as a guardian of the peace, of the man who had at the beginning of his career in the Bad Lands been saloon "bouncer" for Bill Williams was notable.

Roosevelt found a group of his friends at the polling-place.

"Has there been any disorder?" he asked.

"Disorder, hell!" said one of the men in the group. "Bill Jones just stood there with one hand on his gun and the other pointin' over toward the new jail whenever any man who didn't have the right to vote come near the polls. There was only one of them tried to vote, and Bill knocked him down. Lord!" he concluded meditatively, "the way that man fell!"

"Well," struck in Bill Jones, "if he hadn't fell, I'd of walked round behind him to see what was proppin' him up!"

The candidates for the various offices had been selected in a spirit of compromise between the two elements in the town, the forces of order securing every office except one. The county commissioners elected were "Johnny" Goodall, a blacksmith named Dan Mackenzie, and J. L. Truscott, who owned a large ranch south of the Big Ox Bow. Van Driesche, the best of all valets, was elected treasurer, and Bill Dantz superintendent of schools; but the forces of disorder could afford to regard the result without apprehension, for they had been allowed to elect the sheriff; and they had elected Joe Morrill.

Election night was lurid. Morrill, evidently desiring to make a good impression without serious inconvenience to his friends, served notice immediately after his election that there must be no "shooting up" of the town, but "the boys" did not take Morrill very seriously. Fisher, who had a room in Mrs. McGeeney's hotel next to Joe Ferris's store, found the place too noisy for comfort, and adjourned to the office of the Bad Lands Cowboy. The little shack was unoccupied, for Packard, having recently married, had moved his residence into one of the deserted cantonment buildings on the western side of the river. Truscott had neglected to secure a room in the hotel and Fisher invited him to join him in the Cowboy office.

The day had been strenuous, and the two men were soon sound asleep. Fisher was awakened by a sharp object striking him in the face. An instant later he heard a round of shots, followed instantly by another shower of broken glass. He discovered that one of the windows, which faced the Tamblyn Saloon, was completely shattered. He shook Truscott.

"I guess," he said, "we'd better look for some place not quite so convenient for a target."

They

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