E.G. Paddock, Newspaper Clippings in full

7/18/1881, Bismarck Tribune, pg 8, -Verdict in the Livingston Case

    The body of William S. Livingston, recently shot by E.G. Paddock, at the Cantonment Little Missouri, was buried yesterday. The following special telegram, giving the verdict of the jury, was received by the TRIBUNE too late for publication yesterday morning:

  CANTONEMENT, July 18.—We, the undersigned, after due deliberation, find that the deceased, William S. Livingston, came to his death by a gun wound at the hands of E.G. Paddock. We further agree from the nature of the evidence given that E.G. Paddock acted in self defense and hold him justified in the shooting. N.C. MINER, Foreman of Jury

7/29/1881, Bismarck Tribune, pg 1, -Paddock’s Discharge

  The Paddock-Livingston trial, which occupied more than two days, was concluded Wednesday by the discharge of the prisoner from custody, Judge Corey believing there is no good and sufficient reason for indictment. A verbatim copy of the testimony taken during this trial has been forwarded by Judge Corey to Judge Campbell, who will undoubtedly sanction the decision. The facts of the case, as elicited at the trial are substantially as follows: It seems that there had been a dispute or quarrel in regard to Paddock’s cattle trespassing upon Livingston’s premises and growing crops, and on Sunday, the 17th inst., Mr. Livingston, the deceased, rode up to the home of Mr. Paddock on horseback, armed with a gun, with the determination, as he himself had previously asserted, to shoot Mr. P. on sight. Realizing the situation at a glance, and having been warned by several parties that Livingston was a desperate character, Mr. P. took his gun from its rack or case and stepping to the window, told Livingston to leave the premises. He refusing to do so, and making hostile demonstrations, Mr. Paddock fired killing him almost instantly. The people generally sympathize with the family of the deceased, who were so suddenly deprived of a husband and father, but cannot but feel that Mr. Paddock was justified in the act, it being clearly in self defense.

6/29/1883, Bismarck Tribune, pg 5 -Captured Cowboys

Arrival of O’Donnel and Wanegan, The Little Missouri

Desperadoes, in Mandan, and a Brief Sketch of the Fight

In Which Riley Luffcey Lost His Life.

The Marquis Relates.

  On Wednesday evening the freight train bearing Marquis de Mores and friends, Deputy Sheriff Harmon and posse, and the captured desperadoes, Frank O’Donnell and John Renter, (the latter being known as Wanegan) pulled into Mandan. A large crowd of eager citizens were at the depot to catch a glance of the captives as they were led from the caboose to the jail. O’Donnell, who is a tall, fine-looking fellow was handcuffed and dressed in a fringed buckskin suit, and wore a white slouch hat of the cow-boy description. Wanegan, who is a much younger man, was clothed in a loose-fitting pair of pantaloons and calico shirt, and both were marched to jail by armed guards. At 10 o’clock the preliminary examination took place before Justice Bateman, Attorneys Stoyell and Allen appearing for the marquis, the charge against the prisoners being that they had threatened to kill Marquis de Mores and his laborers, torn down his fences and violated the laws of the territory in various other ways. Both prisoners denied the charges preferred against them, and were placed under $6,000 bail each to appear and be ready for trial next Tuesday. The court room was thronged with a crowd of people, who manifested a great interest in behalf of the marquis. In default of bail O’Donnell and Wanegan were confined in jail and a guard stationed about the building. The TRIBUNE reporter held an interview with the Marquis, who spoke as follows: “When I came to the Little Missouri one of the first men I met was Frank O’Donnell, for whom I have done all that could be expected of a new friend to help him and win his friendship. I have hunted with him, and must acknowledge that I was attracted by his manly appearance and dexterity as a hunter and rifleman. I have offered him sheep, employment and any aid or favors he might ask. Last Wednesday I was in Miles City, and returning to the Little Missouri Friday about 11 o’clock in the afternoon there was considerable mail accumulated and I occupied the rest of the day and until Saturday evening writing letters and attending to affairs about the house. Saturday evening Mr. Paddock told me that O’Donnell had said he would take my life and was liable to shoot me at any moment. I came to Mandan Sunday to procure a warrant for his arrest, returning to my home Monday at 4 o’clock. While getting the warrant the judge told me to defend myself. From 5 till 7 o’clock Monday evening I remained in the depot armed and prepared for the worst. One of O’Donnell’s spies discovered me and reported to the gang, and O’Donnell, Luffcey and Wannegan immediately approached the depot. It was then about 8 o’clock. I made for the brush where I met Paddock. O’Donnell’s crowd pressing close upon us, we sought shelter in Paddock’s house, where we remained on guard all night, during which time we sent a telegram to the sheriff at Mandan, asking for protection. Tuesday morning O’Donnell “laid” for me all forenoon, and about 11 o’clock Luffcey made an advance which was followed by the approach of O’Donnell from another direction, both men driving toward my house.

  I grabbed my rifle which caused the desperadoes to retreat. At 12:30 Howard Eaton went to meet the sheriff who was on the incoming train to tell him the three men were at the depot awaiting his arrival and that my men had been posted on the various roads leading from town. It now began to wax warm. It was about time for the arrival of the train and the three belligerents were becoming desperate. Frank Miller and myself guarded the road to O’Donnell’s camp, Capt. Paddock and his nephew watched another and Dick Moore a third. When the train came in the three men, O’Donnell, Wanegan and Luffcy were seated upon their ponies facing the train with rifles in hand ready to shoot, and when the sheriff began to read the warrant they answered that they would not be taken alive.

  From where I stood I saw the train pass and one-half hour later the three men drove rapidly along the road upon which I was stationed their firearms in position for immediate action. As soon as they caught sight of Miller and myself the firing began resulting in the death of Luffcey and two ponies. Riley Luffcey was shot through the left arm, the heart and lungs. O’Donnell’s rifle was broken and he received a ball in the right thigh. As he ran he was confronted by Dick Moore, who was coming to our assistance, and who shot his pony out from under him. He then fell to the ground and Capt. Paddock and his nephew, Tommy Crothers, captured the two men and brought them back to the depot, where they were delivered to the sheriff who brought them to Mandan.”

  The above statements were verified by all those accompanying the posse from Little Missouri, Howard Eaton stating these men held a perfect reign of terror in the town the last few days, firing promiscuously into hotels, business houses and saloons. Those from Little Missouri in Mandan are Messrs. Frank Moore, Capt. Paddock, Howard Eaton, John Munro, Thos. McClung and Frank Miller.

  O’Donnell would not be interviewed any further than to state that every charge made against him was false and that he would the best men along the valley to prove his innocence. The captives went to their lowly couches rather reluctantly and appeared to appreciate the fact that their condition at present was unenviable indeed.

  The sentiment unanimously expressed by all parties from Little Missouri, the sheriff’s posse and citizens of Mandan is, that the marquis would have been justified in killing every one of the assailants and that the latter are bad men from Bitter Creek. The cause assigned for the attack of these men upon the marquis is that they did not want him to occupy the land and were desirous of driving him from the country by intimidation. He says he will return to his large ranch as soon as matters become settled and continue to improve and benefit the country. He stated that the bravest and best man of the gang was Riley Luffcey, the unfortunate victim of the affray.

7/6/1883, Bismarck Tribune, pg 1 –The Case

  From the tenor of Attorney Campbell’s speech in justice court Tuesday afternoon he will attempt to prove that the murder of Riley Luffcy was uncalled for and cowardly; that the three men denoted as desperadoes are peaceable citizens; that O’Donald never shot anyone, has never threatened to shoot a man and is well liked by all who know him. On the other hand the marquis and his friends contend that his action was in self-defense, their story being about as follows: The marquis upon arriving at Little Missouri purchased large tracts of land which he fenced for the protection of sheep. This interfered with the hunters, as they had been wont to roam about in search of game without obstruction. From this dislike grew to jealously, jealousy to threats, and threats to the sad finale with which the public is familiar.

  In an interview with a TRIBUNE reporter Dick Moore Said: “O’Donnell frequently told me to tell the marquis that he would have to leave the Little Missouri or there would be trouble. I told him to carry his own stories. Once he was about to assault me because I was at work for the marquis. I think the trouble all arises out of the fact that the marquis obtained a large amount of land which interfered with the hunting operations of O’Donnell and his friends. But I don’t know how we could have remained in the Little Missouri if the marquis or some man of his stamp did not come and do something to improve the country and give some of us employment. He has been very kind to all with whom he has dealt with out there and we heartily regret that this trouble has arisen.”

  The marquis stated that large shipments of cattle are being made to his farm, and if he does not secure the services of some good man to superintend work during his necessary absence at the trial, operations will cease and he will lose a large amount of money by the delay.

9/2/1885, Bismarck Tribune, pg 3 –The Marquis’ Case

 Marquis de Mores was lodged in the county jail yesterday morning, and will remain incarcerated until the close of the trial. In the afternoon, the Marquis and E.G. Paddock, both of whom are indicted for the killing of Luftus Riley, were brought into court, and county attorney Long, of Mandan, who is prosecuting the case, moved that the case be set for trial on September 10th, as a number of important witnesses are a long distance from the city. The motion was granted, and the case will be opened on the 10th (‘?) the time of the trial being subject to the progress and disposition of the Magill case Attorney Allen appeared for the Marquis, and John A. Stoyell for Paddock.

9/4/1885. Bismarck Weekly Tribune, pg 7 –Will Be Tried in Bismarck

  Marquis de Mores returned from the east Sunday afternoon, and yesterday appeared in court in Mandan to answer to the indictment for murder found by the grand jury at that place. An application for change of venue was made, and granted on the ground that a fair and impartial trial could not be accorded him in Morton county. This belief was strengthened by an affidavit signed by numerous reputable citizens of Mandan. The marquis was then placed in the custody of the sheriff of Burleigh county, without bail, and the trial will take place in this city during the term of court which opens today. The change of venue applies to E.G. Paddock, who was indicted for murder in the same case. F.B. Allen is attorney for the marquis and John S. Stoyell for Paddock.

9/19/1885, Bismarck Daily Tribune, pg 3 –Will Close Today

  The Marquis de Mores’ Case Will be Submitted to the Jury This Afternoon. The Marquis is Placed Upon the Stand and Tells About the Shooting. Attorney Long Refuses to Apologize and is Fined for Contempt of Court.

    The Marquis in Court. At the assembling of court yesterday morning, attorney Long appeared and was fined by the court $250. For contempt. Mr. Long immediately wrote out a check for the amount and handed it to the clerk. The trial then proceeded. E.G. Paddock was called as a witness for the defense, and was objected to by the prosecution, on the ground that Paddock was included in the same indictment as the marquis, and was, therefore, incompetent to testify. After a long argument on both sides, the court overruled the objection, and Paddock was sworn. He testified as to the topography of the country in the Little Missouri region and the threats against the life of the marquis by O’Donnell, Luffsey and Wannegan.

AFTERNOON

  Mr. Paddock heard the Marquis tell Eaton go to Sully springs and meet the sheriff; went across the river; saw O’Connell, Luffsey and Wannegan after he went across the river; this was about twenty minutes after the passenger train went by; saw these men and called Mr. Caruthers attentive to them; he saw them on the trail ten or twelve feet from the railroad track; at that moment he saw smoke from the guns of O’Donnell’s party; heard several shots; could not say who fired them. After dismounting from their horses saw the men going toward town; started with Harmon toward the men; yelled to O’Donnell to “hold up;” fired a shot; O’Donnell then answered “all right;” told them to throw down their guns, which they did; then went down to where they were and surrendered them to the sheriff. Mr. Paddock testified that the night before the shooting the marquis, Howard Eaton, Dick Moore and Frank Miller slept in his shack; he has not told anyone that he planned the killing of Luffsey in his shack that night; never told Frank Moore that he had planned the killing; never told Charles Mason that he had planned the killing of O’Donnell, Wannegan and Luffsey at his shack that night; never told him that he put up the job nor asked him if it wasn’t pretty sleek work.

   Dick Moore and Frank Miller were in the house that night; witness was not afraid because the house was well guarded; went to bed that night between 2 and 3 o’clock; the shack was about 500 yards from the cantonment building; never had a disagreement with O’Donnell; no bad blood existing between them; did not say he would like to see him killed and out of the country; O’Donnell was always a friend of witness; always stopped at his house.

THE MARQUIS TESTIFIES

  The Marquis being informed by the court that it was not necessary for him to testify in the case he responded that it was he desire to be sworn. He then stated that his name is Antoine de Vallambross, Marquis de Mores, nationality, French; born in Paris; is first lieutenant in the French army; is 27 years of age; came to the United States in August, 1883 (?). Was attracted to the Little Missouri country because we considered it an available point for marketing cattle; met some parties in New York who claimed to have an interest in the land about Little Missouri. These parties were

Commodore Gorringe and Frank Moore. These men attempted to swindle him, claiming to hold options on the lands; they wanted to sell him their option for $25,000; upon his arrival he found that the country was not surveyed, and that these men had no title whatsoever to the lands and if he had paid them he would have been “out.” Discovering the facts he located on the opposite side of the river, where Medora now stands. To secure an absolute title he learned at the land office in Bismarck that it would be necessary for him to scrip the land with Valentine scrip which he did, at an expense of a $20 per acre; the balance of his land he secured from the Northern Pacific; but as the land had not been surveyed this fact did not interfere with the prior settlements; the witness claimed that the fencing of the land interfered with their privileges and as the matter did not seem to be satisfactory to them they said they would secure fighters to settle with him; the introduction of sheep and cattle scares away the game and the hunters were very much opposed to him on this ground. His intention to secure enough land to keep the trails open and make that a point for a shipping center. Not wishing to interfere with the hunters he offered them stock which they could raise on shares. O’Donnell refused to take sheep, and he was offered horses, but no agreement was made with him. Seeing that he and marquis was getting along well, some of the settlers connived against him and created bad blood between him and the hunter’s. Saturday evening before the shooting, Paddock came to his shack and told him not to go on the other side of the river as several men were waiting to kill him. They were O’Donnell, Wannegan and Fuffsey, who had repeated a number of unpleasant epithets marquis asked Paddock what could be done. Stepped out and Frank Smith and Dick Moore gave him the same report. The next morning he cook the train and came to Bismarck, went to Mandan on Monday, but the sheriff was absent and he had to protect himself, went back, arriving at the Little Missouri… (can’t read the next lines of the first column)… was a man named Miller in the house whom he had never seen before, who told him that he would go wherever he would lead; Dick Moore then went to the depot and sent a telegram to the sheriff; he reported having seen these men and hearing their conversation; they slept in Paddock’s house that night, keeping guard alternately. The next morning at daybreak he crossed over to his own house. He then learned that the hunters had tied their ponies in the brush. Saw Luffsey several times, as he could distinguish him by his red shirt; could not locate O’Donnell for some time, but finally O’Donnell’s black dog came out of the brush and they knew that O’Donnell must be there. Shortly after this a telegram was received from the sheriff, stating that he would arrive on that day’s train. The marquis and his friends learned that the hunters knew that the sheriff was coming, and immediately planned a campaign for the afternoon. The general aspect of the country makes it impossible for you to transact business if you are in constant fear of being shot, and they decided to insure the arrest of the hunters that day. Howard Eaton and all present agreed to assist the sheriff and to this end they decided to guard the trails leading out of town; they left word for the sheriff to let them know if he did not want their aid; the marquis and Miller went together to one of the cow trails and sat near the edge of the road; after the arrival of the train they saw three men coming, Luffsey first and O’Donnell second; the moment the men came in sight, he (the marquis) stepped up; at that moment O’Donnell and Luffsey pulled their pistols and the firing begun; the marquis said that he kept shooting at O’Donnell, the first shot knocking his gun out of his hand and the second shot going through his leg and killing his horse. O’Donnell and Luffsey discharged all the barrels of their revolvers and then began to shoot their rifles; saw Luffsey lying and shooting; the marquis would discharge both barrels of his gun and then lie flat while he loaded again; several bullets from the hunters came very close to him, one striking on the ground so near his face while he was loading that it cut his mouth; as the firing was general, no one could know who killed Luffsey; when the shooting ceased Miller asked the marquis if he had been shot, and then he and Miller remounted and rode back to report to the sheriff.

   On cross-examination the marquis said the reason he went out to guard the trail was to assist the sheriff in arresting the men, and furthermore, because he did not want to be shot down like a dog. Miller was present during all the shooting.

   At the close of the marquis’ testimony the defense rested its case, and testimony was offered in rebuttal.

  Wannegan being recalled, stated that he did not see the marquis rise up as he testified; thought he would have seen him if he did; stated that Luffsey was a left-handed shootist, always holding his gun against his left shoulder; Wannegan testified that no shots were fired by the hunters save one shot fired by Luffsey.

  Mr. McShane was also placed on the stand in rebuttal. He said he was within 100 feet of the shooting; saw none of the hunters shoot, with the exception of one shot which Luffsey fired; did not see the marquis rise up above the brush.

SUBMIT TO THE JURY TODAY.

   An evening session was held last evening, and it was decided to submit the case to the jury today. The taking of evidence was completed. Sheriff Harmon being placed upon the stand to prove that the guns and pistols of the hunters were loaded when handed to him on the day of the shooting.

   The opening arguments were made last evening, and the closing arguments will be made today. At the close of the evening session the judge announced that he would remain up all night to prepare his charge that the case might be submitted to the jury today.

    In making the opening argument for the prosecution, Mr. Merwin acquitted himself in an able and admirable manner. His speech was listened to with much interest by all.

9/19/1885, Bismarck Weekly Tribune, pg 5 –On the Rack

   Much to the satisfaction and relief of all save those who were selected, the jury panel in the Marquis de Mores case was completed Monday forenoon. The following is the jury completed….

   Those who were rejected peremptorily by the defense were… were peremptorily challenged by the prosecution.

   The jury having been secured the court took a recess until 2 o’clock with instructions to the counsel to have their witnesses present in the afternoon. In opening the case, Mr. Long, of Morton county, informed the jury that he intended that the marquis did the shooting with malice aforethought and that it was a case of premeditated murder. The illustrious attorney surrounded his opening declaration with much oratorical poetry and attitudinal terror and took his seat, cynosure of an awe-stricken audience and court. Attorneys Long and Merwin, of Mandan, are prosecuting the case, and attorneys F.B. and E.S. Allen appear for the marquis.

AFTERNOON SESSION

   Upon the opening of court in the afternoon the jury sent a request to the court, that evening sessions be held, for the expedition of the case, in order that they might return to their respective business duties at the earliest day possible. The court informed the jury that they hardly knew the effect of granting such a request. The judge would not only be compelled to sit in court as long as the jury, but there is a vast amount of labor devolving upon his, which much be performed after the court takes its evening recess. However, if counsel were willing and it could be done, a few evening sessions might be held, but in no case would he consent to sit more than two hours after supper.

EXCLUDING THE WITNESSES.

   Mr. Long moved that the witnesses for the defense be excluded from the courtroom while the witnesses for the prosecution were on the stand. He stated as his reason for the motion, that he did not want the witnesses to formulate a defense from what they might hear upon the stand. He was willing that the witnesses for the prosecution be excluded also. The court asked counsel for the defense what they had to say. They stated that they could see no good reason for the motion, as the witnesses for the defense were expected to tell the truth. After some argument the court granted the request, and all witnesses were excluded.

  Mr. Long then said that of course a witness would be allowed to remain in the room after having testified in the case.

  The court replied that this would not be the case at all. That all witnesses, except the one on the stand, would be excluded from the room, as a witness for the prosecution might be placed on the stand and allowed to retire before he was half through in order that he might hear the testimony of the witnesses for the defense and then be recalled. To this ruling Mr. Long took exception.

    JAMES M’SHANE was the first witness called. He stated that he had lived in Bismarck prior to his removal to the Little Missouri; knows the defendant and knew Riley Lufsey, Frank O’Donnell and E.J. Paddock; at the time of the shooting, the witness was working on the railroad; he said that he was waiting for Lufsey, who had been to town; he was full of devilment and he wanted to have some fun with him. Lufsey, Wannegan and O’Donnell were riding along, Lufsey ahead, leading pack pony. Witness heard a shot, looked around, and saw Lufsey and his companions dismounting. The first shot was fired from the brush on the right side of the road. After the shooting he saw Marquis de Mores and Frank Miller come out of the brush; the Marquis was bareheaded.

    LAY OF THE LAND at this juncture Mr. Long stated that he wanted to call Mr. Paul Heinz and introduced a drawing of the landscape to give the jury an idea of the lay of the land at the scene of the shooting. Mr. McShane was dismissed while Surveyor Heinze explained the drawing to the jury.

   Thus far the trial has progressed very slowly, but is not well opened and the interesting facts will soon be brought to the surface. The marquis sat in the courtroom yesterday, and listened to the proceedings without any evidence of fear and uneasiness.

   Court took a recess until 9:30 o’clock this forenoon.

TUESDAY

   A large number of people are not in attendance at court to listen to the trial of Marquis de Mores on the charge of murder. Another day has been consumed by the case, and yet but very little progress has been made.

   James McShane, the witness first called, concluded his testimony from yesterday forenoon. He was followed by Mr. Nally, who was a member of the coroner’s jury. He stated that the verdict of the jury was that Riley Luffsey came to his death from a gunshot wound, at the hands of Marquis de Mores, Frank Miller and Dick Moore. He described the wound, stating that the bullet entered the neck left of the medium line, passing through the right lung and lodging in the right side.

    WANNEGAN whose proper name is John Reuter, was next called, and as the chief witness for the defense. He was riding in company with Luffsey when the killing took place. They had been to the station to procure some provisions and were returning along the road; while passing a certain point a shot came from the bushes, and Luffsey reeled back from his horse; they did not return the shot; they did no shooting with the exception of one shot fired by Luffsey before he died. Wannegan stated that they were not laughing at how they had “downed” Sheriff Harmon, but were talking pleasantly among themselves when the shooting took place; O’Donnell had a bottle of whiskey, and was joking with the others, stating he would have his drink at the shack, while they could not; Wannegan could not remember just what conversation they were indulging in when the shots came from the brush. They picked Luffsey up dead, and then they were arrested by the marquis and his associates.

   The case will occupy over a week, and many of its interesting facts are still to be brought to light.

WEDNESDAY

   The prosecution having rested its case in the trial of Marquis de Mores on the charge of murder, witnesses for the defense were placed upon the stand Wednesday. In the forenoon, Mr. McClung who resided at Little Missouri at the time of the shooting, testified that he was sleeping in the hotel on the night before the killing; during the night the cowboys shot promiscuously about the town, firing bullets at the hotel chimneys, at the sticks which supported the windows, at the grindstone near the hotel, and acting in a manner which made the night hideous. This testimony, which was introduced to prove that the cowboys were acting in violation of law and in a manner which endangered the lives of peaceable citizens, was supported by other witnesses.

    DEPUTY SHERIFF HARMON, of Morton county, testified that he went to Little Missouri the day of the shooting of Luffsey with a warrant for the arrest of three men, named in the warrant, viz: O’Donnell, Wannegan, and Luffsey; he was also accompanied by a posse of four or five men. Before reaching the Little Missouri station, Howard Eaton came aboard of the train and told him that the trails leading from the station were guarded. On arriving at the station Howard left the posse at the telegraph station and went over in front of a saloon where the three men wanted were halted in a line with their guns lying across their saddles; he told them he had a warrant for their arrest; spoke particularly to O’Donnell, who answered that he had done nothing, and didn’t propose to go. Harmon had only a pocket pistol with him at the time; told the men they had better go with him; he did not want to have any trouble, and if they had done nothing why they would be all right. He reached in his pocket to get the warrant to read, when the three men wheeled their horses around and made off; he could not arrest them alone; he then went across the river where De Mores’ houses were to arm himself better; he heard shots fired and was informed that there had been a shooting scrape out on the trail a little ways; he went over toward the telegraph offices and there found O’Donnell and Wannegan, who gave themselves up.

   On cross-examination Harmon didn’t remember just how they gave themselves up; wasn’t sure that men were turned over to him by the marquis and Paddock; had no conversation with these men prior to this, therefore had not asked them to help them; did not remember thanking the marquis for his assistance; did not remember his testimony distinctly at preliminary trial before the justice of peace in Mandan; it was a confusing time and he could not swear positive on all questions.

   J.B. Walker testified that he was keeping a saloon in a tent at and for some time prior to the killing of Luffsey; knew O’Donnell, Luffsey and Wannegan; they frequented his saloon; were in there the night before the shooting of Luffsey; took some drinks; had heard all three make threats against the life of the marquis and also against Paddock; the night before the death of Luffsey the three were arguing with Dick Moore in the saloon, and he (Walker) heard O’Donnell say he would kill the ___ ___ ___, mentioning the name of de Mores; Wannegan and Luffsey also made similar threats; heard the men speak about the sheriff; they knew he was coming on the train the next day to arrest them; said they would meet the d—d sheriff at the train and see if he could take them; Walker saw the sheriff talking to the three men; there had been promiscuous shooting going on before this; one bullet had penetrated the tent in which he (Walker) and his bartender were; came within three feet of them; did not know who fired the bullet.

   On cross-examination witness stated he did not know what the conversation was prior to the threats made against the Marquis’ life; did hear some mention of sheep and fences; did not testify in preliminary examination because he did not want to get mixed up in the case; has never prior to this had anything to say about the threats of these men against de Mores; has never told the Marquis about it; has never told any person whatever about it.

THURSDAY.

   Yesterday’s proceedings in the Marquis de Mores’ trail were the liveliest of the term, and Mr. Long’s persistency in arguing with the court cost a half day’s time and created much bad blood.

THE TESTIMONY.

   Mark Bateman testified that he was justice of the peace at Mandan at the time of the shooting of Luffsey; issued warrant for the arrest of O’Donnell, Wonnegan and Luffsey; conducted the preliminary examination of Coroner Hannah and Edgar Haupt, witnesses for the territory after the shooting; also examined Marquis de Mores, Miller and Paddock; Hannah did not state that the Marquis or anyone else had made any admissions of declarations.

    HOWARD EATON called, testified that he was a stock raiser in Little Missouri valley; saw defendant and Mr. Paddock on the day of the killing of Luffsey; went to Sulley Springs to meet train and deliver message from the Marquis de Mores to sheriff, regarding the arrest of the three men; saw O’Donnell, Wannegan and Luffsey all armed at the depot on arrival of train; saw sheriff attempt to arrest the men; saw men turn horses and ride away.

   On cross-examination Eaton testified he couldn’t state positive whether he testified in former hearing that Paddock sent message to sheriff; Paddock and the marquis were together at time message was sent.

    THOMAS CRUTHERS resided at time of shooting of Luffsey in Little Missouri country; was north of station about a mile on day of shooting soon after train came; saw O’Donnell, Wannegan and Luffsey riding along railroad track, was accompanied by Paddock; heard shots fired; couldn’t distinguish how many; indicated on map where shooting occurred; saw three puffs of smoke arise from where three men, O’Donnell, Wannegan and Luffsey were. On cross examination gave some unimportant testimony regarding location of brush along the trail.

   Frank Eckle testified that he knew the three men; heard O’Donnell say day before shooting of Luffsey that he’d kill Marquis de Mores if he crossed the river.

    MR. WADSWORTH testified he knew McShane, who had testified in this case; he worked for him (Wadsworth); McShane had told him (Wadsworth) that he had better not know anything about the case if he wanted to get away; witness told McShane he would have been better off if he had not come down here himself; McShane said he would not lose anything by sticking to Wagoner, as if he (Wagoner) could get any money out of this thing, he (McShane) would get some out of it.

DEFIED THE COURT.

    E.G. Paddock was then called and the bailiff ordered to bring him into the court. While waiting for Paddock, District Attorney Long held a conversation with Wadsworth, who had just left the stand and soon after asked the court’s permission to place the witness on the stand again to answer another question.

   Allen, counsel for the defendant, objected on the ground that opposing attorney had held a conversation with the witness.

   The court sustained the objection, whereupon Mr. Long attempted to explain the question he wanted to ask and the answer he expected to receive. The court stated that the witness would have to be called in the afternoon as his (Long’s) own witness if he wanted to get the testimony desired. Long objected; wanted to state the question, and did continue, notwithstanding the court used his gravel freely. Finally the court stated that there was an end even to the endurance of the court, and if he pursued this matter any farther he should be obliged to commit him (Long) for contempt.

   Mr. Long then boisterously defied the court to commit him for contempt. He stated that the court could not rap him down with his gavel. The court attempted to argue that the course that Mr. Long was pursuing was not lawyerly and right. Mr. Long continued, advancing toward the court and openly defying arrest. He stated that he came here unwillingly to perform an official duty; that he had no feeling in this case; that he only desired to see a fair and impartial trial; that he appeared as a subordinate officer of the court and was here to assist the court in the enforcement of substantial justice; that instead of the court extending to him that aid and support which he was entitled under the law to expect, the court had uniformly during the whole trial sought to tie the hands of the prosecution and openly aided the defense; that the court had shown by its action in this case that it (the court) had determined to aid in the acquittal of the defendant, and that it (the court) would not leave a stone unturned in the accomplishment of such acquittal; that the animus of the court throughout had shown a most marked feeling in favor of the defendant and against the prosecution; that the court had sought at every point to embarrass the prosecution and to aid in the acquittal of the defendant; that he had insulted him personally and handicapped him officially; he defied arrest.

   The court listened to this tirade until the finish, when he turned to the sheriff and ordered him to take Mr. Long into custody, and the clerk to make record “for contempt.” The court also stated that he (Long) could come in at 2 o’clock and continue the prosecution of the case, the mandate of the court temporarily suspended during the continuance of the trial during the afternoon.

   After the arraignment of the several prisoners, the court took a recess until 2 o’clock p.m.

WILL NOT APOLOGIZE.

  On the reassembling of court Mr. Long appeared and stated that he was under arrest, and therefore did not see how he could continue in the prosecution of the case unless released by the court.

  The Judge said he would now give him an opportunity to purge himself of contempt, after which he would reinstate him and relieve him of all odium.

   Mr. Long said he thought he had been mistreated; that the remarks of the court had exasperated him, and from a sense of manhood he did not see how he could continue to prosecute the case unless relieved from arrest by the court.

   The judge then stated that in this matter he (the court) would meet him more than half way, and would it not be well, in all candor and frankness, for him (Mr. Long) to make—not an abject apology for the court did not desire that, but simply out of respect for the dignity of the court, not the individual—an admission that he was guilty of contempt and sorry for it. This done, he would immediately reinstate him and relieve him of all odium.

  Mr. Long still continued in a delusive way to explain his position; that he was aggravated to do what he did by previous remarks of the court, and that he had been a friend of the court all along in Mandan, and that after all that had occurred he would stultify his manhood by an apology, and that he could not continue the prosecution of the case unless the court saw fit to release him.

   The court, in a very mild manner, argued against the course he (Mr. Long) was pursuing, stating that to refuse to even admit the guilt of contempt was but to add to the contempt.

   Mr. Long, refusing to make an apology of any kind, was remanded to jail and the clerk ordered to make out commitment.

   Mr. Merwin, assistant prosecuting attorney, then asked for a continuance of the case until the next morning, and the right to call in some other attorney to assist him. This request was granted, the court stating that if, in the meantime, Mr. Long saw fit to purge himself of contempt, he could do so and continue the case.

  9/24/1885, Bismarck Tribune, pg 3 –The Case of the Territory of Dakota Versus Eldridge G Paddock for Murder and 9/25/1885, Bismarck Weekly Tribune, pg 8 –Elbridge G. Paddock indicted for murder.

   Note: These two newspaper articles are the same; the first one had parts that were not readable; I combined the two.

    DISTRICT COURT. The Case of the Territory of Dakota Versus Eldridge G. Paddock for Murder. Indicted with Marquis, Dismissed, on Motion of District Attorney Long.

   In the district court yesterday, at 10:35 o’clock a.m. the case of the territory vs. Eldridge G. Paddock, on indictment for murder (change of venue from Morton county, second judicial district, was called. The following is the motion of District Attorney Long, of Morton county, and the judge’s decree in the matter:

   Mr. Theodore K. Long, district attorney for the county of Morton, moves: “In the case of the territory of Dakota vs. Eldridge G. Paddock on indictment for murder, I desire to move the court this morning to dismiss the indictment against Eldridge G. Paddock under section 599 of the code of criminal procedure. I will state that the witnesses for the prosecution are out of the country, and that their whereabouts are unknown, and the territory has no disposition any further to prosecute this, the principle defendant Antoine de Vallombrosa [Marquis de Mores] having been acquitted on the same indictment.”

   By the court—This defendant stands indicted for the crime of murder. It is a serious charge, and no man should be indicted on that charge, and be branded with the infamy which the indictment carries with it, unless there be at least fair grounds for the belief that he is guilty. This defendant stands indicted. He has been present at the term of court at Mandan, Morton county, in this territory, and asked for a change of venue on the indictment to this subdivision, which was granted, and he was ready for trial. I do not believe that upon such a statement as that made by the district attorney of Morton country, that an action in the shape of the proceedings under an indictment for murder should be dismissed. There is no such thing in this territory as a nolle (null) prosequi. Now the court is of the opinion with regard to this defendant, personally with whom it has no acquaintance, and with whose history it is not familiar—the court thinks that a man in this condition is entitled to the verdict of the jury. In order that he may be acquitted if innocent and yet punished if guilty. There is no showing yet made to the court by the district attorney that a trial might not be had, and the court would therefore suggest that the case be tried upon the return of the court from Deadwood, which will be at about the middle of the month of October, and that the case be (?) of. That will be right for the territory and right for this defendant, and will be the end of the matter. Upon the dismissal of this indictment the defendant might again be indicted and brought before the court again, and be deprived of his liberty meantime.

  District attorney—Your honor is aware that all the witnesses for this case are outside of the jurisdiction of the court. I have already been to considerate expense in gathering the witnesses from the four corners of the globe for the preceding case of the territory vs. Marquis de Mores, and I shall not, therefore, expend another dollar for that purpose, and I again state in view of the fact that the witnesses will not be here; and so far as I am concerned a jury may now be empanelled, and the defendant tried.

  The court –Do you now move the case of the territory of Dakota vs. Eldridge G. Paddock.

  By the district attorney—No, I do not unless I can through and get away on the noon train.

  By the court—The court is not sitting here for such purposes.

  District attorney—If it please the court, in the case of the territory of Dakota vs Eldridge G. Paddock, I have made a motion and would further state that the position the territory is under now, is such that it has no case against the defendant, Eldridge G. Paddock, from the fact that the witnesses are out of the territory, and there is no possibility that the witnesses can ever be found, and I think that is a good ground for dismissal of the indictment. IN the present condition of the case for the territory, the reason being that I have stated, that the witnesses are away and are not likely to be found. I ask the court, therefore, on this ground to dismiss the indictment against Eldridge G. Paddock.

  The Court—The motion before the court is: That the indictment against the defendant, Eldridge G. Paddock for murder, which indictment was found in the county of Morton, and brought for trial to this county upon change of venue, applied for by the defendant, be dismissed. The dismissal is asked for by the district attorney of Morton county, on the ground that the territory has now no case against the defendant, and that the witnesses are out of the territory, and in all probability can never be obtained. Section 599, of chapter 2 of this court of criminal procedure of this territory provides: “The court may, either of its own motion, or upon the application of the justice, order an action or indictment be dismissed; but in that case the reasons for the dismissal must be set forth in the order, which must be entered upon the minutes.”

  This defendant was jointly indicted with the Marquis de Mores, and upon the case coming up for trial, de Mores asked for a separate trial, to which, under laws of this territory, he is entitled, and he had a separate trial accordingly. That trial involved all the circumstances which would be bought out, in the main, at least, by testimony produced again, if the defendant Eldridge G. Paddock, be tried. The encounter in which Luffsey lost his life, was described by witnesses upon both sides, and the connection that the defendant, Eldridge G. Paddock, had with the transaction itself, and both before and after the encounter, was testified to by witnesses. On the trial of de Mores, after a full and patient hearing, and after a charge from the court covering all the laws of the case, the jury acquitted the defendant. Now, his co-defendant is ready for trial. He is entitled, under the constitution and laws of our country to a speedy trial, and he being ready and anxious for trial, the prosecuting officer of Morton county rises in his place and moves the dismissal of the indictment against the defendant, Eldridge G. Paddock on the ground that the territory has now no case against the defendant. That would be sufficient in itself, but he adds that the witnesses are out of this territory and in all probability can never be obtained. The point is, shall the court under these circumstances, keep the defendant in custody, until the prosecuting officer of Morton casts about and finds finally that he has a case against the defendant? Laws are not made for that purpose. Human liberty and human rights rise above that place. This defendant is entitled under all the circumstances in the discretion of the court of its own motion, even if no motion had been made by the district attorney, this defendant is entitled to the dismissal of this indictment, and he is especially entitled to it upon the motion of the district attorney. It is true that the dismissal of this action is not a bar to any other prosecution of this defendant. It would have been far better if this case could have been disposed of by a jury.

    The court made that suggestion.

    The order, judgment and decree if the court, therefore, is that the case of the territory of Dakota vs. Eldridge G. Paddock, under indictment for the murder of William Luffsey, on the 26th day of June, A.D. 1883, at Little Missouri, in the county of Billings, and territory of Dakota, the action and indictment be dismissed on the motion of Theodore K. Long, the district attorney of Morton county, Dakota territory, and on the grounds of the statements made by the district attorney on making his motion for dismissal, that the territory has now no case against the defendant, Eldridge G. Paddock, and that the witnesses are outside of the territory of Dakota, and in all probability could never be obtained. The action and the indictment is therefore dismissed, and the defendant, Eldridge G. Paddock, discharged from custody, upon the preparation by the clerk of the proper order for the discharge of said Paddock from custody, and the delivery of said order to the jailer or sheriff by the clerk, the jailor or sheriff to make proper return thereon to the court.

   The court is not sitting in Morton county, but in Burleigh county. There were two other indictments against this defendant found in Morton county. In one of these cases a trial was had, and the jury disagreed, and the in the other no trial was had. The court held him to bail in both of these cases. That bail of course must be produced, whatever it was, this discharge being only for the indictment of murder. The sheriff will continue the defendant in custody in said cases and deliver him to the sheriff of Morton county, taking the proper receipt therefore.

   Let the defendant then be remanded and the clerk make out the proper discharge with respect to the indictment for murder.

9/25/1885, Bismarck Weekly Tribune, pg 6 –Marquis Acquitted

     Note:Seems to be almost identical to 9/19/1885, Bismarck Daily Tribune, pg 3 –Will Close Today

The Jury Return After an Absence of Ten Minutes and Render a Verdict of Acquittal.

The Marquis in Court.

   At the assembling of court Friday morning, attorney Long appeared and was fined by the court $250. for contempt. Mr. Long immediately wrote out a check for the amount, and handed it to the clerk. The trial then proceeded. E.G. Paddock was called as a witness for the defense, and was objected to by the prosecution, on the ground that Paddock was included in the same indictment as the marquis and was, therefore, incompetent to testify. After a long argument on both sides, the court overruled the objection, and Paddock was sworn. He testified as to the topography of the country in the Little Missouri region and the threats against the life of the marquis by O’Donnell, Luffsey and Wannegan.

AFTERNOON.

  Mr. Paddock heart the Marquis tell Eaton go to Sully springs and meet the sheriff; went across the river; saw O’Donnell, Luffsey and Wannegan after he went across the river; this was about twenty minutes after the passenger train went by; saw these men and called Mr. Cruthers attentive to them; he saw them on the trail ten or twelve feet from the railroad track; at that moment he saw smoke from the guns of O’Donnell’s party; heard several shots; could not say who fired them. After dismounting from their horses saw the men going toward town; started with Harmon toward the men; yelled to O’Donnell to “hold up;” fired a shot; O’Donnell then answered “all right;” told them to throw down their guns, which they did; told them to throw away their belts, which they did; then went down to where they were and surrendered them to the sheriff. Mr. Paddock testified that the night before the shooting the marquis, Howard Eaton, Dick Moore and Frank Miller slept in his shack; he has not told anyone that he planned the killing of Luffsey in his shack that night; never told Frank Moore that he had planned the killing; never told Charles Mason that he had planned the killing of O’Donnell, Wannegan and Luffsey at his shack that night; never told him that he put up the job nor asked him if it wasn’t pretty sleek work.

   Dick Moore and Frank Miller were in the house that night; witness was not afraid because the house was well guarded; went to bed that night between 2 and 3 o’clock; the shack was about 500 yards from the cantonment building; never had a disagreement with O’Donnell; no bad blood existing between them; did not say he would like to see him killed and out of the country; O’Donnell was always a friend of the witness; always stopped at his house.

THE MARQUIS TESTIFIES.

  The Marquis being informed by the court that is was not necessary for him to testify in the case he responded that it was his desire to be sworn. He then stated that his name is Antoine de Vallambrosa, Marquis de Mores, nationality, French; born in Paris; is first lieutenant in the French army; is 27 years of age; came to the United States in August, 1882; first stopped in New York; then came to St. Paul; first located in Dakota, at Little Missouri in 1883. Was attracted to the Little Missouri country because we considered it an available point for marketing cattle; met some parties in New York who claimed to have an interest in the land about Little Missouri. These parties were Commodore Gorringe and Frank Moore. These men attempted to swindle him, claiming to hold options on the lands; they wanted to sell him their option for $25,000; upon his arrival he found that the country was not surveyed, and that these men had no title whatever to the lands and if he had paid them he would have been “out.” Discovering these facts he located on the opposite side of the river, where Medora now stands. To secure an absolute title he learned at the land office in Bismarck that it would be necessary for him to scrip the land with Valentine scrip which he did, at the expense of a $20 per acre; the balance of his land he secured from the Northern Pacific (RR); but as the land had not been surveyed this fact did not interfere with the prior settlements; the witness claimed that the fencing of land interfered with their privileges; and as the matter did not seem to be satisfactory to them they said they would secure fighters to settle with him; the introduction of sheep and cattle scares away the game and the hunters were very much opposed to him on this ground. His intention was to secure enough land to keep the trails open and make that a point for a shipping center. Not wishing to interfere with the hunters he offered them stock which they could raise on shares. O’Donnell refused to take the sheep, and he was offered horses, but no agreement was made with him. Seeing that he (marquis) was getting along well, some of the settlers connived against him and created bad blood between him and the hunters, Saturday evening before the shooting, Paddock came to his shack and told him not to go on the others side of the river as several men were waiting to kill him. They were O’Donnell, Wannegan and Luffsey, who had repeated a number of unpleasant epithets; marquis asked Paddock what could be done. Stepped out, and Frank Smith and Dick Moore gave him the same report. The next morning he took the train and came to Bismarck; went to Mandan on Monday, but the sheriff was absent, and he had to protect himself; went back, arriving at Little Missouri at 4 o’clock in the evening; was notified that the town had been held up; got off the train at the south side as a matter of precaution; was told that he could not go to the west side of the river without being shot; he thought it was about time to stop this kind of game, and sent a telegram to the sheriff of Morton county; took supper at Paddock’s house that evening; and after supper they all walked up and sent the telegrams; the Marquis walked into the depot; a man named Stevenson told O’Donnell and the other hunters that he was in the depot; in front of the depot were some freight cars; he saw the hunters coming, and, not wishing to be taken, he walked out along the wye; was walking along the wye and heard someone calling to him to come into the brush quick; had hardly gotten into the brush before he saw two men, O’Donnell and Luffsey, coming along the brush; at that moment the men passed near the ends of the guns and we let them pass; the marquis and Paddock waited in the brush a half hour and the men came back in the same position; Paddock then said that they (himself and marquis) would go to his house, and if attacked would fight; the marquis lost his pistol in the brush; this was on the day before the shooting; there was a man named Miller in the house whom he had never seen before, who told him that he would go where ever he would lead; Dick Moore then went to the depot and sent a telegram to the sheriff; he reported having seen these men and hearing their conversation; they slept in Paddock’s house that night, keeping guard alternately. The next morning at daybreak he crossed over to his own house. He then learned that the hunters had tied their ponies in the brush. Saw Luffsey several times, as he could distinguish him by his red shirt; could not locate O’Donnell for some time, but finally O’Donnell’s black dog came out of the brush and they knew that O’Donnell must be there. Shortly after this a telegram was received from the sheriff, stating that he would arrive on that day’s train. The marquis and his friends learned that the hunters knew that the sheriff was coming and immediately planned a campaign for the afternoon. The general aspect of the country makes it impossible for you to transact business if you are in constant fear of being shot, and they decided to insure the arrest of the hunters that day. Howard Eaton and all present agreed to assist the sheriff and to this end they decided to guard the tails leading out of town; they left word for the sheriff to let them know if he did not want their aid; the marquis and Miller went together to one of the cow trails and sat near the edge of the road; after the arrival of the train they saw three men coming, Luffsey first and O’Donnell second; the moment the men came in sight, he (the marquis) stepped up; at that moment O’Donnell and Luffsey pulled their pistols and the firing begun; the marquis said that he kept shooting at O’Donnell, the first shot knocking his gun out of his hand and the second shot going through his leg and killing his horse. O’Donnell and Luffsey discharged all the barrels of their revolvers and then began to shoot with their rifles; saw Luffsey lying and shooting; the marquis would discharge both barrels of his gun and then lie flat while he loaded again; several bullets from the hunters came very close to him, one striking on the ground so near his face while he was loading that it cut his mouth; as the firing was general, no one could know who killed Luffsey; when the shooting ceased Miller asked the marquis if he had been shot; he replied that he had not been shot, and then he and Miller remounted and rode back to report to the sheriff.

   On cross-examination the marquis said the reason he went out to guard the trail was to assist the sheriff in arresting the men, and furthermore, because he did not want to be shot down like a dog. Miller was present during all the shooting.

   At the close of the marquis’ testimony the defense rested its case, and testimony was offered in rebuttal.

   Wannegan being recalled, stated that he did not see the marquis rise up as he testified; thought he would have seen him if he did; stated that Luffsey was a left-handed shootist, always holding his gun against his left shoulder; Wannegan testified that no shots were fired by the hunters save the one shot fired by Luffsey.

   Mr. McShane was also placed on the stand in rebuttal. He said he was within 100 feet of the shooting; saw none of the hunters shoot, with the exception of one shot which Luffsey fired; did not see the marquis rise up above the brush.

   In making the opening argument for the prosecution, Mr. Merwin acquitted himself in an able and admirable manner. His speech was listened to with much interest by all.

SATURDAY.

   The arguments in the Marquis de Mores trial were concluded before noon Saturday. Mr. F.B. Allen, for the defense, made a very intelligent and convincing summary of the case, and, although it was not adorned with brilliant rhetoric and oratory, it was delivered with that earnestness and candor which never fails to effect. Mr. Long closed for the prosecution in an argument that which won for him the compliments of all present. Mr. Long has had a rather stormy time of it between the opening of this case in Mandan, and its close in Bismarck, and he has shown himself to be a man who can withstand adversity.

THE CHARGE.

   The judge’s charge was delivered between the hours of 1 and 2 o’clock yesterday afternoon, and the case was submitted to the jury at 2:40. The charge was another of the masterly documents for which the judge is becoming famous. It was the essence of the law and the embodiment of justice.

   The jury returned at 2:40, with a verdict of “not guilty.” The jury was out just ten minutes, one ballot was taken and not a word was spoken. The verdict was no surprise to those who attended the trial. Under the evidence in the case the jury could not have acted otherwise. The marquis is now free again, and will enter into his business pursuits with increased energy to make up for the lost time. The affair has been an unfortunate one for him. It has cost him a vast amount of time, anxiety and money, and given him recollections which are not the pleasantest.

12/17/1886, Bismarck Weekly Tribune, pg 5–E G Paddock and J A McGregor killed 37 antelope in three days last week.

10/8/1890, Bismarck Tribune, pg 3 –E G Paddock to be witness in trial of the mail robbers who recently held up a train just west of Sims. (Paddock traveling on eastbound train for Fargo)

9/20/1895, Bismarck Weekly Tribune, pg 8–EG Paddock, one of the old-timers of the western part of the state, and one of the best known hunters and guides of the Badlands country, was a west-bound passenger on this morning’s train.

1/19/1900, Explorer Dead. Death of L.A. Paddock (brother of E.G. Paddock). One of the Gold Seekers Who Went from Bismarck to the Hills.

8/13/1907, Bismarck Tribune, pg 4 –EG Paddock to leave on extended trip (with his wife)

  E.G. Paddock is able to get about with a cane and says he is gaining a little each day. Within a few days Mr. and Mrs. Paddock will leave on an extended trip through Montana, Colorado, California and New Mexico. They do not expect to return before next April. Mr. Paddock says that it will be a great treat to him to see Denver, where in 185? He pitched the first tent to be pitched by a white man on the present site of a great city. Few of our readers perhaps know that this veteran of the plains was hunting and trapping on the Little Missouri river in 1863. In 1878 Mr. Paddock turned the first herd of cattle loose in the Badlands, his corrals being constructed on the banks of the Little Missouri near the present site of Medora. The cattle were purchased in Minnesota and driven over land by the owner to the Missouri river and ferried across to Fort Lincoln, a military post below Mandan. When the Northern Pacific was being built through the Badlands in 1880 Mr. Paddock was milking 30 cows and selling the milk at the corrals at 10 cents per quart.

8/29/1909, Bismarck Tribune, pg 2 –EG Paddock returns from California

  Old-timers were pleased to meet E.G. Paddock who recently came on from California. Mr. Paddock is now enjoying good health and will be around for a month or two looking after business interests. He has a eleven-acre fruit orchard in California which he considers worth $14,000. It has made a nice advance in price since he bought last year.

3/28/1931, Dickinson Man ‘Proves’ That Marquis De Mores Did Not Shoot Riley Lufsey

Dickinson, N.D., March 28.—An age old murder mystery was solved Saturday. W.F. Reiche, who lives on a farm near Dickinson, did it.

  The Marquis De Mores really didn’t shot Riley Lufsey that grey day back in the 19th Century. Mr. Reiche knows. He at one time worked for the marquis and was present when the bullet which killed Lufsey was extracted from his shoulder. It was fired from a 45-75 gun. The firearm carried by the marquis that day was a 50-95 express, and anyone doubting that can see the very gun at the office of William Lenneville, Dickinson postmaster.

  Mr. Reiche tells the tale of the shooting in this manner: Three men shot through a woven wire fence belonging to the marquis. The marquis, Charles Paddock (Eldridge G.), and another man whose name is believed to have been Frank Miller, were lying in ambush near a railroad track waiting for the men who had done the shooting. Spying them at a distance, the firing began, both parties shooting at winding wisps of smoke, the only visible target. Lufsey was hit in the hand and shoulder and died soon after.