Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-12-11

DECEMBER ii, 1905.
white men, slain In that battle.
Whose bones lay bleaching where they
fell,
The VOLTS Wild cadence their lonely
knell!
At the close Of the war the settle
ment CT Dakota was rapid, soon be-
coming a. prosperous Territory.
My recollection of the first court
held at Yangton was in the winter of
1865, with Judges Asa Bartlett as
chief Justice and w. w. Brookings,
associate judge. It convened In the
old Burleigh building on Broadway,
nearly opposite the new court house,
with jurisdiction extending from Miami
toba south and west into the present
boundary OF Wyoming, being at that
time the territory Of Dakota. There,
/ Within the wallis of that old court
house many notorious criminals were
confined, guarded by U. s. Marshal
Litchf1eld and his two deputies, Fail
4 kenburg and Gilbraith. The first
county Jail built, at Yankton was of
logs 18x20 feet, located in the alley
between Cedar and Walnut streets;
i about four hundred feet southeast Of
Yankton's new building.
Sam King, assisted by Mick Hanson
i and James Olsen, built 1T in the
spring of 1868, and before completed
1t was used to imprison Ambrose An
derson (now an inmate of a Nebraska
poor housed for drunk enness and dis
orderly conduct. s.
Many notorious prisoners were com
fined in the old log jadl, among whom
was a border ruff1an names James
Sommers. He lived with an Indian
wife near Fappineam's ranch In, the
upper Missouri country, and often
visited Yankton for supplies. Dur
ing his oft repeated pligrimages to
the capital city, Jim and his lawless
band Of followers usually celebrated
their advent into the old town by
| getting drunk at Wambole's saloon on
Broadway. Having a grievance, he
raidlsd the aStar Of the West in the
fall of 1868, an opposition saloon run
lby a notorious character named Tom
Maxwell. After driying the proprietor
out of his building, Sommers and his
followers proceeded to issue free
drinks to an admiring crowd Of drunk
aids. while carr using there, a half
breed Indian, son of Theophile Brugh-
Ter, rode up to the front door of the
/ saloon and called for a drink of wthis-
key. Jim Sommers ordered him to dis
mount and come in and get his .spiz-
en-" over the bar. This order was not
obeyed by the young INDIAN, who tried
to ride ON horseback through the open
door of the saloon Jim called out
"haH there" raised his six shooter
and shot the horse, killing him on
the spot. For his ddsordery acts,
Sommers was arrested by Sheriff
Black and his assistant, and was inn
prisoned in the old log Jail. During
was seen on the Following morning
parading the streets of Yankton,
threatening vengeance on Sheriff
the might the desperate broke Jail and
Black and his assistants. He carried
large Colts revolver, swinging 1t
about in a threatening manner, and
while In front Of Wamboles saloon
said: Boys, watch me do Il little
blacksmith work here, is
Shopping down in the street he com.
menced to hammer on the handcuffs
trying to break the chain that held
them together and while In that atti.
tude Sheriff Black and City Marsuhal
George Smith rushed upon him and
rearrested him.
Sommers was tried before Judge
4 Conedeton and fined for violation 81
law and order. He promptly paid
his fine with costs, amounting ID
eighty dollars. and after his release
continued lids drunken carousals, re.
taking possession Of the Star Of the
West saloon. While he was there
Sheriff Black attempted to rearrest
him and was shot by Sommers in the
groin who them made his escape on
horseback into the wilds Of the up
per Missouri country.
/ Sheriff Black fingered ON the Dor.
deraand between lie and death fcr
many mon6hs. recovering suficient
i strength to accept subordinate gov.
ernment appointment at Washington,
IA physical wreck.
Il Years after. Soynsnena dtad !. vt<x,.,,.