A law was enacted by the Legislature of 1870 – 71, designating the penitentiary at Fort Madison, Iowa, as the official penitentiary of the Territory of Dakota.  The United States had confined the first Dakota convicts in the United States prison at Detroit, and in some instances at Fort Madison, but the territory had had no occasion for a penitentiary until Frank Sullivan was convicted of horse stealing in the Territorial Court at Yankton in October, 1870.  He was sentenced by Chief Justice French to three years’ hard labor in the “Iowa state prison at Fort Madison.”

Sullivan thus became Dakota’s first convict.  It cost the territory fifty-cents a day to defray the expense of his care and custody.  He was taken to prison and safely delivered to the warden by Sheriff Brisbine about the middle of December, 1871.

Sullivan was an old offender, and the crime for which he was convicted was rather remarkable in criminal annals, and in one respect it had a ludicrous feature.  In the spring of 1870 Frank Sullivan was arrested in the up river country by U. S. Marshal Litchfeld for stealing horses from the Indians, brought to Yankton, tried for the offense, and through the efforts of Gen. William Tripp, his lawyer, was acquitted and set free.

He remained in Yankton, and during the summer obtained employment with Bartlett Tripp, a half-brother of his former attorney, and while so employed, and during the temporary absence from the town of Mr. Tripp, Sullivan forged his employer’s name to an order on S. Eiseman & Col., for a suit of clothes, which he procured.

The forgery was soon discovered, and a warrant for Sullivan’s arrest was issued.  In the meantime he had “flown the coop.”  However, the sheriff found him hiding at an Indian camp on Smutty Bear’s Bottom, brought him to Yankton and locked him up.  He was subsequently arraigned before Justice of the Peace Brisbine, and waiving examination, was held to answer to the District Court, and in default of bail was committed to jail.

Later, he escaped from jail, went to the stable of Gen. William Tripp, who had gotten him out of his first scrape, took his horse and fled in a westerly direction.  He was caught in Bon Homme County, where he had been trying to negotiate another forged order, with General Tripp’s name on it.

Sullivan was again brought to Yankton, lodged in the local jail, securely bound in irons, and at the October term of court where he was tried and convicted of horse stealing.  He was sentenced to the prison at Fort Madison.  Sullivan was a young man, not more than twenty-five years of age, of pleasing behavior, and could have succeeded in life by pursuing an honorable occupation and a law-abiding path.  On the contrary, he became the first to enter prison walls for a crime committed against the statutes of Dakota Territory.

During the latter half of the 1800’s, the stealing of horses was a regular news item in the local papers.  This was either done by individuals acting alone or by organized bands of thieves.  Some of these groups were very sophisticated and able to carry on their unlawful activities for a long time before they were either hung or sent to prison.

In July of 1875, The Springfield Times, mentioned the fact that horse stealing was becoming quite common in that section of the territory.  It suggested that a salutary (remedial) effect would be produced by giving the scoundrels a hearing before Judge Lynch should any of them be caught.

In the early days, hanging was often the penalty for stealing a horse.  On June 20,  1877 at Deadwood, three men were accused and arrested for horse stealing.  Later that evening they were taken from the sheriff and hung by a group of local citizens.  The action of the citizens was considered high-handed and unjustified, as there was serious and significant doubt of their guilt.  Governor Pennington promptly offered a reward of $1,000 ($30,254 today) for evidence which would lead to the conviction of the guilty parties, but no further action was ever taken in the matter.

On February 8, 1881, Territorial Governor Ordway approved a bill which provided for the erection of a suitable penitentiary building which would accommodate 125 – 150 people.  After considerable debate, a site and structure was approved to be built in Sioux Falls.  On December 13  1882, approximately 30 prisoners were transferred from Detroit, Michigan to the new facility.

In 1883, the Territorial Legislature directed the Treasury to issue bonds in the sum of $30,000 for the construction of a boiler house, laundry, hospital, housing for female offenders, steal heating, and a Warden’s Residence.  It cost $4,500 to construct the Warden’s Residence.  Up until 1989, state law required that the warden live on the Penitentiary grounds.

On December 20, 1905, the Gregory County Sheriff arrested two individuals north of Dixon on Bull Creek for stealing horses.  While taking the prisoners to Fairfax, he was overtaken by a party of masked men who took the prisoners from him.  With ropes around their necks and threats of lynching, the settlers were able to force a confession from the prisoners which involved some very prominent and well-known people in that part of Gregory County.  Because of the information received from the prisoners, the settlers hoped they could soon break up the gang.

Thieves, it was determined were sometimes your friends and neighbors living next door!

 

Author Author Clarence Shoemaker, originally published in the Gregory Times-Advocate on April 30, 2025