Two items in the testimony were notably significant. One was contributed by the Marquis: "O'Donald and Luffsey discharged all the barrels of their revolvers," he said, "and then began to shoot with their rifles." The other item was contributed by Sheriff Harmon, who arrested O'Donald and "Dutch Wannigan" immediately after the affray. He testified "that the guns and pistols of the hunters were loaded when handed to him."

The jury made no attempt to pick its way through contradictions such as this, and returned to the court room after an absence of ten minutes with a verdict of "not guilty."

The Bad Lands Near Medora.
Showing the house of the Marquis de Mores.

The Marquis's acquittal did not, it seems, mollify his bitterness toward Roosevelt. He prided himself on his judgment, as he had once informed Howard Eaton, but his judgment had a habit of basing its conclusions on somewhat nebulous premises. Two or three bits of circumstantial evidence had served to convince the Marquis definitely that Roosevelt had been the impelling force behind the prosecution. The fact that "Dutch Wannigan" was an employee of Roosevelt's, in itself, not unnaturally, perhaps, stirred the Marquis's ire. When he was told, however, that "Dutch Wannigan," before departing for the trial at Mandan, had received money from Joe Ferris, his suspicions appeared confirmed, for Joe was known to be Roosevelt's close friend, and it was an open secret that Roosevelt was financing Joe's venture in storekeeping. If his suspicions needed further confirmation, they seemed to get it when a little, black-haired Irishman, named Jimmie McShane, otherwise known as "Dynamite Jimmie," received a sum of money from Joe Ferris and appeared at the trial as the first witness for the prosecution. On the surface the case against Roosevelt was convincing, and the Marquis evidently did not dip beneath it. If he had, he would have realized that Joe Ferris was the acknowledged banker of the Bad Lands to whom practically all the thrifty souls among the cowpunchers brought a portion of their wages for safe-keeping. When "Dutch Wannigan" and "Dynamite Jimmie," therefore, received money from Joe Ferris, they received only what was their own, and what they needed for their expenses at the trial.

But the Marquis, whose mind liked to jump goat-like from crag to crag, did not stop to examine the evidence against Roosevelt. He accepted it at its face value, and wrote Roosevelt a stinging letter, telling him that he had heard that Roosevelt had influenced witnesses against him in the murder trial. He had supposed, he said, that there was, nothing but friendly feeling between himself and Roosevelt, but since it was otherwise there was always "a way of settling differences between gentlemen."

Roosevelt, who had returned from the East early in October, received the letter at Elkhorn Ranch and read it aloud to Bill Sewall. "That's a threat," he exclaimed. "He is trying to bully me. He can't bully me. I am going to write him a letter myself. Bill," he went on, "I don't want to disgrace my family by fighting a duel. I don't believe in fighting duels. My friends don't any of them believe in it. They would be very much opposed to anything of the kind, but I won't be bullied by a Frenchman. Now, as I am the challenged party, I have the privilege of naming the weapons. I am no swordsman, and pistols are too uncertain and Frenchy for me. So what do you say if I make it rifles?"

Roosevelt sat down on a log and then and there drafted his reply. He had no unfriendly feeling for the Marquis, he wrote, "but, as the closing sentence of your letter implies a threat, I feel it my duty to say that I am ready at all times and at all places to answer for my actions."

Then he added that if the Marquis's letter was meant as a challenge, and he insisted upon having satisfaction, he would meet him with rifles at twelve paces, the adversaries to shoot and advance until one or the other dropped.