The Boise Statesman, being published in the territorial capitol, was the largest newspaper in Idaho. And though only five thousand copies were printed, it was circulated by railroad and stage coach throughout the territory so that a significant number of the thirty-two thousand people who lived in Idaho were aware of, and often read, the newspaper.
Sawtooth Mountains, Idaho Territory
Colonel Clay Sherman was a tall man with broad shoulders and narrow hips. He had steel gray eyes, and he wore a neatly trimmed moustache which now, like his hair, was dusted with gray. He was the commanding officer of the Idaho Auxiliary Peace Officers’ Posse. The posse consisted of two officers and thirty-two men, all duly sworn as functioning, though unpaid, deputies to the Idaho Territorial Task Force. Clay Sherman had received his commission from the assistant deputy attorney general of the territory of Idaho, and, as such, was duly authorized to deputize those who joined the posse. Sherman and his Auxiliary Peace Officers wore deputies’ badges, but because they were not paid by the territorial government, the posse supported itself, and supported itself very well, by acting as a private police force. Most of the posse’s income was generated when it was hired by the disgruntled to get justice where they felt justice had been denied.
So far the posse had managed to avoid any trouble with territorial or federal law agencies because they managed to find loopholes to allow them to operate. But their operations always walked a very narrow line between legality and illegality, and had either the territorial or federal government taken the trouble to conduct a thorough investigation, it would have discovered that in fact, the posse often did cross over that line.
There were many citizens, and a few quite a few law-makers, who felt that the posse was little more than a band of outlaws, hired assassins who hid behind the dubious authority of deputies’ badges. It was also pointed out by these detractors that very few of the wanted men they went after were ever brought back alive, including even some who were being pursued for the simple purpose of being served a subpoena to appear in civil court. The Boise Statesman and other newspapers had written editorials critical of the Idaho Auxiliary Peace Officers’ Posse, pointing out that, despite its name, it had nothing to do with “peace.” Some of those newspapers had paid for their critical observations by having their offices vandalized by “irate citizens who supported the posse,” or so it was claimed.
At this moment, Sherman and few members of the posse were engaged in one of the many private police force operations by which it managed to earn its keep. They were operating in the Sawtooth Mountains, and Colonel Sherman stepped up on a rock and looked down toward a little cabin that was nestled against the base of the sheer side of Snowy Peak. The posse had trailed Louis Blackburn to this cabin, and now their quarry was trapped. The beauty of it was that Blackburn had no idea he was trapped. He thought he was quite secure in the cabin.
Part of the reason for Louis Blackburn’s complacency was due to the fact that he didn’t even know he was being trailed. Two weeks earlier, Louis Blackburn had been tried for the murder of James Dixon. At least three witnesses testified that Dixon not only started the fight, but he had also drawn first. The jury believed the witnesses, and found Blackburn not guilty, and not guilty by reason of self-defense. The judge released him from custody and Blackburn went on his way, a free man.
The problem with the court finding was that not everyone agreed with the verdict, and principal among those who disagreed was Augustus Dixon, James Dixon’s father. And because the senior Dixon had made a fortune in gold and was now one of wealthiest and most powerful men in Idaho, he was able to use both his money and influence to find an alternate path to justice, or at least the justice he sought.
Dixon managed to convince a cooperative judge to hold a civil trial. It was Augustus Dixon’s intention to sue Louis Blackburn for depriving him of his son. No official law agency of the territory of Idaho would serve a subpoena for the civil trial, but then, Dixon didn’t want any official law officer involved in the process. Dixon hired Clay Sherman and his Idaho Auxiliary Peace Officers’ Posse to run Blackburn down and bring him back for civil trial.
Sherman had eight men with him and as he looked back at them he saw that everyone had found a place with a good view and a clear line of fire toward the cabin.
“Lieutenant,” Sherman said to Poke Terrell, his second in command.
“Yes, Colonel?”
“It is my belief, based upon our conversation with Mr. Dixon, that he doesn’t particularly want us to bring Blackburn back alive.”
“Yes, sir, that is my belief as well,” Poke replied.
“You know what that means then, don’t you?”
“Yes, sir,” Poke said. “We have to get him to take a shot at us.”
“You know what to do,” Sherman said.
Poke nodded, then cupped his hand around his mouth. “Blackburn!” he called. “Louis Blackburn! Come out!”
“What?” Blackburn called back, his voice thin and muffled from inside the cabin. “Who’s calling me?”
“This is Lieutenant Poke Terrell of the Idaho Auxiliary Peace Officers’ Posse. I am ordering you to come out of that cabin with your hands up!”
“What do you mean, come out with my hands up? Why should I do that? What do you want?”
“I have a summons to take you back for the murder of James Dixon!” Terrell shouted, loudly.
“You’re crazy! I’ve already been tried, and found innocent.”
“You’re being tried again.”
“My lawyer said I can’t be tried again.”
“Your lawyer lied. And if you don’t come out of your cabin now, I’m going to open fire,” Poke called.
“Go away! You ain’t got no right to take me back.”
“You are going back, whether it’s dead or alive,” Poke said.
As Sherman and Poke expected, a pistol shot rang out from inside the cabin. The pistol shot wasn’t aimed, and was fired more as a warning than any act of hostile intent.
“All right, boys, he shot at us!” Sherman called.
“Beg your pardon, Colonel, but I don’t think he was actual aimin’ at us. I think he was just tryin’ to scare us off,” one of the men said.
“That’s where you are wrong, Scraggs,” Sherman said. “He clearly shot at us, I could feel the breeze of the bullet as it passed my ear.” Smiling, Sherman turned to the rest of his men. “That’s all we needed, boys. He shot at us, so now if we kill him, it is self-defense. Open fire,” he ordered.
For the next several minutes, the sound of gunfire echoed back from the sheer wall of Snowy Peak as Sherman, Poke, and the other men with them fired shot after shot into the cabin. All the windows were shot out, and splinters began flying from the walls of the little clapboard structure. Finally Sherman ordered a cease-fire.
“Lieutenant Terrell, you and Scraggs go down there to have a look,” Sherman ordered.
With a nod of acceptance, Poke and Scraggs left the relative safety of the rocks then climbed down the hill to approach the cabin. Not one shot was fired from the cabin. Finally the two men disappeared around behind the cabin and, a moment later, the front door of the cabin opened and Poke stepped outside, then waved his hand.
“He’s dead!” Poke called up.
“Dead—dead—dead!” the words echoed back from the cliff wall.
“Gentlemen, we’ve done a good day’s work here, today,” Sherman said with a satisfied smile on his face.
Boise City
For a time during the gold rush, Boise had prospered and boomed. After the gold rush, Boise began declining in population, and had shrunk to less than one thousand people in 1870. But now, with both the