September 27, 2007

  • Devil’s Nest

    Jesse James was sued in 1870 over horse

    KANSAS CITY, Mo. (UPI) — A Missouri lawyer has discovered documents detailing what is believed to be the only successful lawsuit brought against the 19th century gunslinger Jesse James.
    Henry McDougal, who practiced in Daviess County, northeast of Kansas City, not only sued James and his brother, Frank, but also obtained a judgment, collected and lived to tell the tale, The Kansas City Star reported Monday.
    Jim Muehlberger is the Kansas City lawyer who uncovered the documents detailing the litigation.
    “It’s an example of equal justice under the law,” Muehlberger said. “The criminal justice system would be completely unable to deal with Jesse James for about 10 years. But here the system worked, in a civil case, through the courage of a very young lawyer.”
    In January 1870, McDougal, then 25, sued Jesse and Frank James, seeking compensation for a mare, saddle and bridle the brothers stole at gunpoint following a deadly bank heist.
    The owner of the horse estimated his loss to be at about $223.50.
    The James brothers retained an attorney and the legal battle lasted 21 months before it was resolved.

    This story brought back some memories. Not far from here is a place called Devil’s Nest.  It’s reported to have been Jesse James hide out.  The story goes on that the Yankton sheriff chased the gang across the river, but wouldn’t risk losing deputies by further pursuit. “Let the devils stay in their nest,” he said. “I’m not going to send my men in there to be shot.”

    As a boy I vividly remember the “Grand Opening”.  Fetus from Gun Smoke was there.  Thousands of people from all over came.  Cars were backed up for miles.  It was an occurance that’s never been repeated any where in this area. 
    Here is one picture of Devil’s Nest:
    Devils Nest Spread 1

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