The murder of General McCook on the evening of September 11, 1873 in Yankton by Peter Wintermute and the ensuing trial was the “cause célèbre” of territorial days in the Dakota Territory. That term was first used in a 37-volume collection of French court decisions from the 17th and 18th centuries.
It is a term which is used to describe any controversy or incident that excites and attracts great public attention, such as a celebrated legal case or trial. While English speakers had used the phrase for many years, it came into much more common usage after the 1894 conviction of Alfred Dreyfus for espionage.
This was during the period when deep cultural and political ties were established between England and France. It attracted worldwide interest and resulted in the broadening of the English language around the world. It was a classic example how one event or situation in a far corner of the world can have an impact worldwide.
The first Wintermute trial in Yankton resulted in his being convicted for manslaughter. He was sentenced to ten years in the penitentiary, but appealed the case and was released on bond.
According to digitized South Dakota newspapers, the first record of Wintermute appearing in a newspaper was the April 29, 1875 edition of the Yankton Daily Press and Dakotan. The 1875 April Term of U. S. District Court for the Second Judicial District reported that the roll of territorial grand jurors was called. All jurors responded except one who was unable to get to Yankton because of high water. The sheriff was ordered to summon another person to fill the vacancy.
One individual was discharged from the U. S. grand jury because he had just served two weeks on an earlier grand jury. In addition, he now had a new born which required his daily attention. In consideration of these circumstances, he was excused. Another juror asked to be excused because he had two teams at home and no one but his wife to take care of them. He was not excused.
The formation of the grand jury promised to be quite interesting for the citizens of Yankton County. That was because of the importance of the cases that were likely to come before it. It was also of public interest because of the new and somewhat novel criminal procedures incorporated into the S. D. laws last winter.
The new criminal procedure provided that “The people, or a person held to answer a charge for a public offense, may challenge the panel of the grand jury, or an individual grand juror.” Three causes for which the panel could be challenged by either party and seven causes for which a challenge to an individual grand juror could be introduced by either party were now a part of the law.
Wintermute, who was present during the April 25th session of the District Court, had great interest in this grand jury. It was expected that he would soon find himself as the defendant for murder in this session of District Court.
On the 4th of May, the Supreme Court granted to Wintermute a new trial on the ground of an error of the trial court in not allowing Wintermute’s challenge to a grand juror. To this Judge Shannon dissented, the opinion in the case being written by Judge Jefferson Kidder and concurred in by Judge Barnes.
Later, the following placard was widely circulated on the streets of Yankton: “INDIGNATION MEETING, The people of Yankton County are invited to assemble tonight at 7 o’clock, at Stone’s Hall, on Capitol Street to give expression to the letting loose in our midst the miserable assassin, Peter P. Wintermute, in utter disregard of law and of every citizen’s safety – Justice.”
In July, a group from Minneapolis who came to Yankton on an excursion had the inquisitiveness to want to see Wintermute; however, he was sick and it was against the doctor’s order to admit any person to his cell. Nevertheless, some found his cell window and were able to get a glimpse of him.
At the same time, the sheriff was actively at work summoning the forty-eight jurors for the trial. Out of that group, only four were selected. Finally, twelve were chosen. In the meantime, Wintermute was granted a change of venue to the Clay County Court.
His second trial began on the 19th of August and lasted for two weeks. He was granted an acquittal by the jury. That verdict by the jury was severely condemned by the people both at home and abroad, especially on the east coast.
The newspapers reported that Mrs. Wintermute had reached Vermillion on the evening of September 2 from Chicago to be with her husband during the trial. The case had attracted national attention, owing to the prominence of the McCook family and all of the eastern papers took occasion to comment upon it and to deplore the action of the jury. The New York Herald of September 25, 1875 reported: “. . . who was acquitted of this charge by an alleged bribed jury at Vermillion on Saturday.”
A news story from Elmira, New York, on January 29, 1877 reported: “Peter P. Wintermute, who shot and killed General McCook, at Yankton, D. T., four years ago, died of consumption at his father’s home in Horse’s Head, Chenango County, on Saturday last.”
Author Author Clarence Shoemaker, originally published in the Gregory Times-Advocate on September 18, 2024