The Marquis de Mores cultivated a short-lived cattle empire during his time in Dakota Territory. But a long-running murder allegation also defined his time out west. De Mores wasn’t popular in the Badlands. He had enemies who despised him for everything from how he acquired his land, to his ambitious cattle operation, to his development of Medora—even xenophobia. After all, he was a French aristocrat – not from these parts. But when the Marquis fenced his land, that really lit the fuse.
One of his worst enemies was Frank O’Donnell. He was a hunter who shared a claim on the Little Missouri River with Riley Luffsey and Dutch Wannegan. They were furious about the fences, which they considered an infringement on their rights. Time and again, the fence wires were cut, only to be replaced. Then there was gunplay — a few sporadic shots leading up to a nighttime shootout surrounding the Chateau de Mores.
O’Donnell had been threatening to kill de Mores the first chance he got, and the marquis went to Mandan to ask a judge what he could do. Justice Mark Bateman told him, “Why, shoot.” Two days later, on June 26, 1883, the hostility climaxed in a fatal gunfight outside Medora between O’Donnell’s group and de Mores and his men. Luffsey died – shot in the throat and chest. What happened next began a running legal battle for the marquis.
Murder charges against de Mores were dismissed twice in 1883, but on this date in 1885, the matter finally went to trial in Bismarck before District Judge William F. Francis. The indictment by a grand jury charged de Mores with Luffsey’s murder. The marquis asked for a change of venue from Mandan to Bismarck, partly because he believed Irish Mandan residents would sympathize with Luffsey, who was also Irish. The judge granted the change of venue, and the jury trial began with a gallery full of spectators.
District Attorney T. K. Long rehashed the previous charges and also de Mores’ history as a duelist—having had killed two opponents. The judge found Long’s arguments “so far out of line” that the attorney was found in contempt of court. Long was jailed and fined $250. He had alleged that the judge and the marquis’ lawyer were too cozy, noting that the defense attorney had once clerked for the judge.
The trial continued with the defense, and de Mores testified on his own behalf. He didn’t admit he shot Luffsey, but said his actions were justified in the gunfight. After the week-long trial, the jury had the case and returned from deliberation after ten minutes with a verdict: not guilty.
There were lynch threats, and a friend of the marquis reportedly slipped him a pistol. He returned to Medora to his supporters and his detractors, and the case was finally closed.
Dakota Datebook by Jack Dura
Sources:
Dresden, D. (1970). The marquis de Mores: Emperor of the bad lands. University of Oklahoma Press: Norman, OK
Campbell, J.A. (ed.). (1902). A biographical history with portraits of prominent men of the great west. Western Biographical and Engraving Co.: Chicago, IL
http://www.history.nd.gov/historicsites/chateauLesson/determiningfacts_reading4.html
