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March 24: Frontier Justice in Dakota Territory Courtroom

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The Dakota Boom was a period of rapid settlement, population growth, and agricultural development fueled by the Homestead Act and the extension of railroads into the vast Dakota Territory. The population grew from 1,766 in 1870 to more than 328,000 by 1890. Jurisdictional demands hastened North and South Dakota statehood in 1889.

During the territorial period between 1870 and 1889, and into early statehood, Wahpeton was a bustling frontier town. Transient workers, hobos, carpetbaggers, land speculators, merchants, lawbreakers, preachers, immigrants, and settlers flooded in. The sudden rise in population, along with numerous saloons and sporting houses, contributed to an increase in crime.

In 1881, responding to the need for law and order, the first courthouse was provided by Morgan T. Rich, along with the block on which it was built. Previously, court had been held above Damerel's wood-frame hardware store on Dakota Avenue. The third-floor “attic” was used as a jail.

In the winter of 1882–83, one James Newton, a railroad station agent, was being tried in the new courtroom. William Nash had accused Newton of violating his 16-year-old daughter, a domestic worker in Newton's household. When Newton pled “not guilty,” Nash reportedly arose from his chair, saying, “Well, take this then!” and shot Newton, killing him. The incident was reported around the country and depicted on the cover of Illustrated Police News magazine on January 20, 1883.

Nash was charged with murder and defended by W. W. Irwin of St. Paul, who had gained a reputation as a great criminal lawyer. The Bismarck Tribune publicized a fundraiser to procure Irwin’s counsel for Nash, described as one “who is very poor, and has always been respected.” Irwin telegraphed that he would be there immediately. At trial, Nash’s guilt was evident, but one man on the jury would not vote to convict, and the jury remained hung until it was discharged on March 23, 1883.

On this date in 1883, citizens of Wahpeton, Dakota Territory, awoke to the news that the new Richland County courthouse had burned to the ground overnight. Just the previous day, the sensational murder trial had been the talk of the town and beyond.

Nash was never retried or convicted for the killing of Newton. All records related to his trial were destroyed in the fire. No one was ever arrested for the suspected arson that ended the case.

Dakota Datebook by Lise Erdrich

Sources:

  • Item. The Silver State Union, Vivee, Nevada December 12, 1882
  • “Shot his Daughter's Seducer – A Thrilling Scene of Fatal Vengeance in a Dakota Court Room. Cover, Illustrated Police News, January 20, 1883.
  • SHOOTING HIS DAUGHTER’S SEDUCER IN THE COURT ROOM – E.A. NEWTON, WAHPETON, D.T. IS FATALLY SHOT BY JAMES NASH, WHOSE DAUGHTER HE HAD BETRAYED. Illustrated Police News, January 20, 1883.
  • Nash, of Wahpeton, Indicted. Bismarck Tribune, March 16, 1883
  • Passing of the Old Court House – Something of History of Old Building Which Has Done Service for Past Thirty Years – Now Being Demolished to Make Room for New Building. The Globe Gazette, Thursday, April 14, 1912
  • Account of Events by E. Donald Lum, editor and Skyride columnist, Richland County Farmer Globe, May 4, 1961.

Dakota Datebook is made in partnership with the State Historical Society of North Dakota, and funded by Humanities North Dakota, a nonprofit, independent state partner of the National Endowment for the Humanities.

Any views, findings, conclusions, or recommendations expressed in the program do not necessarily reflect those of Humanities North Dakota or the National Endowment for the Humanities.

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