Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1911-11-10
THE KILLING OF GEN. McCOOK.
Van Osdel's Historian Copies Re-
port of That Famous Trial which
is False and Misleading.

one who would rather mlSrepreSent
than tell the truth. The author OF
that review, whoever he was, had to
lie to make plausible case for the
public, and yet the public at that
time knew that McCook was the
aggressor in that bloody encounter,
that McCoOk had inSulted and beaten
Wintermute almost into insensibility
before the final assault that ended his
career as bully in Yankton. We dis
like to speak unkindly Of the dead,
but truth demands all answer to the
following extract Of the review of the
trial and acquittal of Banker Winter
mute, which contain S extracts from
Judge Benefits charge to the jury
and comments thereon. In looking
over the article in the Historian we
found the following falsehood, and In
justice to Wintermute and the jury
who tried him, we decided to expose
the lie and give the facts:
'We ask the intelligent reader to
consider for a moment the spectacle
of Peter P. Wintermute rushing,
with loaded revolver in his hand,
unexpectedly upon his unarmed, un-
suspecting victim, and firing two shots
in ra pid succession at his person be-
fore he had time 10 strike blow to
parry off impending death. We ask
The reader to look on this spectacle
and then turn for moment to the
Jury which declares by its verdict, In
the light of the law given them by
in - w I'M ta
did not bring upon himself the neces-
sity for self-defense which followed
the second explosion OF his death
dealing weapon, Can such a jury,
acting under it's solemn oath before
God, hope for less than the reproba.
tion of mankind and the eternal
vengeance Of an insulted. outraged
CreatOr?'
At a meeting held by indignant
citizens in Woolley's hall in Yankton
in 1873 to protest against the reap
pointment of Governor urbank, Mr..
Wintermute was unanimously chosen
to preside. During the deliberations
McCook came into the hall with
club in his hand and called Winter
mute all the vile names he could and
then as promptly retired before the
people had chance to throw him out.
McCook was a giant in size, bully
when opportunity offered and a cow
ard when cornered. Wintermute paid
no attention to the insult and things
we're moving along quietly until the
Dakota Southern Railroad Company
proposed repudiating Y nj to n
county s bond claim on the company.
A meeting was called in the United
States court room on Capital street
and during the meeting Gen. McCook
was killed.
Wintermute, modest retiring gen.
teman, who never held malice against
any man, got up and went out of the
meeting and in passing McCook, who
stood in the door, said: General,
loan me dime, am going down to
get a drink" Winterm ute made it a
rule never to carry any money on his
person after closing his bank.
Wintermute went down into the
basement OF the hotel building join
ing the court room, and while stand
Ing at the bar In ruShes McCook and
instantly knocked Wintemute to the
floor and then pounded his face in a
big iron spi toon. McCook then return
ed to the meeting and friends washed
Wintermute' g bloody face after getting
him on his feet.
Half an hour after Wintermute
walked into the meeting and sat
down in seat surrounded by friends,
but before sitting down pointed to
his bleeding face and blood-shot eyes,
saying: "This is what your secretary
of the territory did and l will shoot
him on sight," to which the man who
was speaking and an enemy, respond
ed; "It's a id pity he didn't kill
you"
From that time on the m Getting
was nervous, and during the next
speakers address, who was defending
the rights of the people, as was Mr..
Wintermute In the contest, some one
out in the hall fired shot down the
stairs and Instantly every man was on
his feet and during the excitment
Wintermute got up and was surround
ed by his friends, making no effort to
leave the hall, when from the main
exit in rushed McCook and again
knocked Wintermute down, McCook
falling on top of his helpless victim
Many good men stood around Winter
mute when the brutal assault was
made, but it was done so unexpected
ly that they had no time to save the
banker from the bully, and it was
while McCook was on top OF Winter
mute that the latter pulled a small
Derenger pistol from his pocket and
shot the man who was threatening to
kill him, and even after McCook was
shot he picked Wintermute from the
floor and dashed him against win
dow intending to throw him to the
pavement below, but friends managed
to get hold of the helpless banker and
probably saved his life.
This in brief is the evidence and
the facts In the case.
McCook died before daylight and
the man who had licked all the men
he thought he could lick, without
cause or provocation, passed away and