The New York herald., 1875-09-29
WINTERMUTE'S TRIAL.

THE MURDERER OF GENERAL Z. S. MCooK
SAID TO HAVE BEEN ACQUITTED BY BRIBED
JURY.
An exchange says that In Dakota time which lovcls
all things and in the United States quickly up
the tracks of crime, may to certain extent, have
allayed the just indignation felt by tho people at the
shooting of Colonel McCook by Peter D. Wintermutc,
at Yankton in the fall of 1873 Tho details Of this
atrocy are sufficiently fresh in the public mind to
create SURPRISE if not amazement at the verdict Of mot
guilty. found by the jury which tried the accused at
vermilion, d. I. When a prisoner is acquitted
the law is presumed to have done its duty,
and the prisoner Is permitted to walk forth
free man, to hold up his head as a prosecuted
citizen, and to take his place among his fellows If
nothing had happened. But such a verdict this,
garingy opposition TO the acknowledged facts in the
case so totally subversvo of justice, dcmoralizing
in its tendency and dangerous in its precedent, cannot
be passed by without word of comment. 1t will be
Remembered that Colonel McCook and Wntermute met
In Yankton upon the occasion of social and political
gathering Bad blood had existed between the men. In
passing down stairs some irritating remarks were mado
by Wintermute, which were afterward repeated when
McCook and his friends were drinking at the
bar. McCook was powerful man, and some
say good-natured, ioyial fellow, although a
bit Of bully IT. did .nn1o not appear that the he
sary, when he 'made for him." and there
and then administered to him good, sound thrashing
The next scene in the tragedy took place during
the sitting of tie Governor and members of the
Legislature. Wintermute posted himself so as to com
mand the door Of entrance, having previously an
nounced his intention Of shooting the Colonel at sight
As McCook entered Wlntermutc fired, but without
effect McCook then grapped with him. pulling Winter
mute over upon the stove, when the latter managed 10
command his pistol and fire. wounding his adversary
TO the death McCook tried to force his sssaan to the
window with the view of throwing him out upon
the street, when he sank from loss OF blood
and very soon expired. These were the gen
cra iacts in the case as reported at the timo,
and although up to this point we have no
means OF knowing the reasons which led this
jury to pronounce verdict Of mot guilty
il looks at first sight very strange Interpretation OF
the law Upon the very mldcst view of the subject IT
was certainly case of manslaughtcr, presuming the
accused 10 have had sufficient provocaton, his adver
sary TO have been armed and the circumstances to have
justified the shooting But the verdict is mot guilty.;
not gull of deliberate murder Of culpabe homicide
Of doing anything but what Christian man with clean
hands would have been perfectly justified In doing and
for which he would have received the approval oil his
own conscience The simple result of such verdict Is
to justify any in bringing on tight and when he
gets the Of it, OF taking the life of his adversary
In cold blood
p b. Wintcrmuto who killed General Il. S. McCook,
and who was acquitted of this charge by an alleged
bribed jury at Vermion Saturday, back
to YaSkton to enjoy his claimcd) purchased liberty,
and stopped at the Merchants Hotel at the invitation
Of the proprietor Many of the guests OF the house
left the dining room when he entered During the
evening crowd Of people gathered in the office of the
Merchants and grew so noisy and outspokcn IN their
demonstrations against Wntermuto that ho became
frightened and hid in the hotel laundry all night where
he was guarded by three officers in the morning nc
took tho early train and got out Of town going east
ward II Is probable that Chicago will soon be hen
ored with his prcsonca