Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1919-07-05
OLD TIME TRAILS.

f. 7. Pierce, Of Hot Springs, better
known among his old time Black Hills
friends as "Doc" Pierce, is contributing
weekly articles TO the Hot Springs Star,
depicting briefly incidents which came
under his observation during the early
days of the Black Hills. In recent il.
sue Of the Star Mr.. Pierce tells ,he fol-
lowing story
In the early settlement Of the Black
Hills, Col. Thornby, who was then
young man, was elected a Justice of the
peace for Custer county, and was known
as Judge Thornby. 1T was said of him
bat the wrtey will not voucl for the
truth of the story that one time a man
was arrested and brought before him on
charge of grand larceny, to-wit steal
ing horses,
atiawYer Harvey took care of the de-
fendant, also his saddle and other per-
sonal effects, and put up a strong de.
tense f.; tiie evidence at hand After
the evidence was all in, ihejudge studied
the case for some time, looked over the
minutes he had made, and then pro-
nounced the defendant guilty as charged
and proceeded to pass sentence upon
him, which was that the prisoner should
be taken to some suitable place and
there hanged By the neck until dead,
dead, dead. Harvey jumped ap some
what excited aud called the Courts at
.ention 10 the fact that he was only act
ing in-the capacity OF a committing mag
istrate. and had no power under the law
to sentence anyone for felony.
SIS that so?" came back the Judge.
We'll, you heard what ! said, didn't
you?"
"Well then, ! shall ask fog stay of
proceedings for ten days, your honor, as
want to get some authorities down
from Deadwood for you to read"
"All right, Mr.. Harvey your wish is
granted, and let the prisoner be remand
ed TO the Jail until called for by this
| Court. But Mr.. Harvey, am going 20
establish precedent for this court to 90
| by. You are all aware that in this coun-
try horse thief has no rights, for when
a posse catches one they hang him in
stanter. Now | wish to have this done
under the law"
Harvey wired the imported governor
of the territory of Dakota. and he wired
back to the judge the same statement
that Harvey had made.
'No jurisdiction-back up on that
horse stealing case"
Then the judge wrote the governor a
letter, and gave him his judicial views
on butting in where the ice was thin and
wound up 'by asking the governor to
please look after the territory east of the
Missouri river ''and we will run our ow
business out here"
Did they arrest Thornby? Not on
your life didn't tell you that it was
his deal?
He got punished shortly after this
however, for they sent him to the legis-
lature as senator, a punishment in
those days, to tit any crime. When the
new imported governor bad arrived ali
the capitol he overheard a conversation
wherein this episode WAS being discuss
ed The Governor being from the same
state as Judge Thornby, he asked him il
1t were true.
swell, Governor, guess / will have
to 'fess np-I am The man" "Judge. =
said the Governor, 'yon are the kind OF
man | want on my staff. Any man with
such acnmen and nerve as you have
displayed deserves promotion. ! forth
with appoint you a member of my stat
with full title of Colonel, and | hope
that by doing so you ana will not
have any serious trouble"
But what became Of The horse thief?
Oh, he cut ont of Jail the first night,
stole the saddle back from his lawyer,
went over in Harlow's pasture, .siere he
took his pick of tie horses, and then
faded away. The last we heard of him
he was in the legislature Of neighbor.
ing state.
Aud 1t served him right