Matthew Kerns's Blog: The Dime Library, page 18

AI Art

"Artificial intelligence" has become increasingly ubiquitous in the modern world, and its influence on the art world is no exception. AI art programs such as MidJourney have emerged as powerful tools for artists and designers, allowing them to create unique and fascinating works of art with the help of cutting-edge technology. In this article, we will explore how AI art programs like MidJourney work, as well as some of the objections raised by artists to the use of AI in the creative process.

How AI Art Programs Work

AI art programs like MidJourney are ostensibly designed to assist artists in the creative process, offering a new approach to art-making that blends traditional techniques with machine learning algorithms. These programs rely on complex neural networks that have been trained on vast amounts of data, allowing them to generate new visual content based on the patterns and features of existing images.

To use MidJourney, an artist begins by either typing a text prompt or uploading an image to the program. In the first case, the program generates an image based on the text prompt, using millions of online images it has profiled. It can use these to define the subject of the prompt, like "cowboy", or the atmospheric conditions of the setting, such as "sunset," or the art style or even the artist to imitate, like "Van Gogh" or "Picasso" or "Salvador Dali."

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(On left: The command used to make this was "cowboy rides a horse across a stream in front of western mountains in the evening under a stary sky. style of Vincent Van Gogh." On the right, an image of Texas Jack was supplied, with the command: "Texas Jack Omohundro. Cowboy comic book art by Steve Ditko.")

In the second case, where the user inputs an image, the AI applies a series of algorithms to generate a new image based on the content of the original. The artist can then tweak and refine the generated image until they are satisfied with the final result. This process can be repeated many times, with each iteration resulting in a new and unique version of the original image.

One of the key benefits of AI art programs like MidJourney is that they allow artists to explore new possibilities and push the boundaries of traditional art-making techniques. By harnessing the power of machine learning, artists can generate complex, abstract, and highly detailed images that would be difficult or impossible to create by hand.

Artists' Objections

Despite the many benefits of AI art programs like MidJourney, some artists have raised objections to the use of machine learning algorithms in the creative process. One of the main objections is that AI art programs may undermine the role of the artist in the creative process, reducing their input to a series of predetermined choices within the program's algorithms.

Another objection is that the programs have scanned and incorporated art styles and art by artists that never agreed for their art to be used in this manner. Some western artists, like Charles Russell, Frederick Remington, or Mark Maggiori have distinct styles that they have spent a lifetime refining. Remington and Russell are dead, and certainly never consented to have their art incorporated into machine-learning algorithms. Maggiori is one of the most popular and successful modern western artists, but if an AI can generate a "reasonable facsimile" of his paintings, he would be rightly concerned if he believed freely generated art that appeared to be from his brush constituted a threat to his livelihood.

Prompt above: One cowboy on a horse in a slow flat river, sunrise with huge cumulonimbus clouds, Wind River Range of Wyoming, western, in the style of Mark Maggiori.

Below: Painting by Mark Maggiori.

A third concern is that the use of AI art programs may result in a loss of originality and creativity, as artists become reliant on machine learning algorithms to generate new ideas and inspiration. Some critics argue that AI art programs represent a form of "paint-by-numbers" art, in which the artist's role is reduced to selecting and refining pre-existing options generated by the program.

There are also concerns that AI art programs may perpetuate biases and inequalities present in the data used to train the algorithms. For example, if the algorithm has been trained on a dataset that includes predominantly white, male artists, it may generate images that reflect those biases and perpetuate a narrow definition of what constitutes "art."

(Similar scenes in the styles of N.C. Wyeth [top], Albert Bierstadt [middle], and Charles Russell [bottom].)

Final Thoughts

Despite these objections, it seems clear that AI art programs like MidJourney offer exciting new possibilities for artists and designers looking to explore the intersection of art and technology. Proponents say that by embracing these new tools and techniques, artists can create stunning and innovative works of art that push the boundaries of traditional art-making practices. In fact, there have been several instances lately where AI-generated art has been submitted and, in fact, won art contests. This is a challenge to the age-old question, "what is art?"

As with any new technology, it is important to be mindful of the potential drawbacks and limitations of AI art programs and to approach them with a critical eye. By doing so, we can ensure that AI art programs are used in ways that support and enhance the role of artists in the creative process, rather than replacing or diminishing their contributions.

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Press Release: Author Matthew Kerns wins both Spur & Western Heritage Awards

FOR IMMEDIATE RELEASE

Author Matthew Kerns Wins Both Spur Award and Western Heritage Award for "Texas Jack Takes an Encore" in Wild West Magazine

Chattanooga, Tennessee - March 5, 2023 - The Western Writers of America (WWA) have awarded author Matthew Kerns the Spur Award for his article "Texas Jack Takes an Encore" in the April 2022 issue of Wild West Magazine. On February 22, Kerns was announced as the winner of this year’s Western Heritage Award for Outstanding Magazine Article by the National Cowboy Hall of Fame and Western Heritage Museum. Kerns' achievement marks the first time that an individual has won both prestigious awards for short nonfiction since 1982 when Alice J. Hall won both awards for her article “Buffalo Bill and the Enduring West" in National Geographic. This is only the third time in the long history of these awards that an author has won both prizes for the same article.

The Western Heritage Award recognizes outstanding works in Western literature, while the Spur Award is given to the best works of Western fiction and nonfiction. Both awards are highly coveted in the Western literary community and represent the highest honor an author can receive in their respective categories.

Kerns' article "Texas Jack Takes an Encore," tells the story of John B. Omohundro, also known as "Texas Jack," a real-life cowboy and frontiersman who became one of the first true "cowboy stars" in American history. Kerns' article explores Omohundro's life and career, his partnership with best-friend Buffalo Bill Cody, and his role in shaping the public's perception of the West and the cowboy as a cultural icon.

Matthew Kerns is an author and historian based in Chattanooga, Tennessee. He has written extensively on the history of the American West, with a particular focus on the origins of the cowboy as a cultural icon. In addition to his work in Wild West Magazine, Kerns is the author of the book "Texas Jack: America's First Cowboy Star."

For more information on Matthew Kerns and his work, visit his website at www.dimelibrary.com

Spur Award 2023

https://westernwriters.org/2023/03/wwa-announces-2023-spur-awards/

It is with great pride that I announce my article "Texas Jack Takes an Encore" has been awarded the 2023 Spur Award from the Western Writers of America (WWA) for Best Western Short Nonfiction. This is a tremendous honor and a validation of the interest Texas Jack still commands when presented to western audiences.

On February 22, the same article was announced as the winner of this year’s Western Heritage Award for Outstanding Magazine Article by the National Cowboy Hall of Fame and Western Heritage Museum. I was amazed to learn that this marks the first time that an individual has won both prestigious awards for short nonfiction since 1983.

"Texas Jack Takes an Encore," explores the fascinating life of John B. Omohundro, better known as Texas Jack, a legendary figure in Western history and the man at the foundation of our cowboy mythology. His unique place in both Western and pop culture history makes him a fascinating subject to research and write about, and I am glad that my work contributes in a meaningful way to some renewed interest in his story.

I am incredibly humbled to have the WWA include my article alongside Patrick H. Hoehne's "Apostles of Disorder: Montana Merchants, Vigilantes, and the Interconnectivity of Extralegal Violence" in Montana The Magazine of Western History and W.K. Stratton's "A Sacred Refuge" in Texas Highways magazine. To be included in such esteemed company is a great honor and further proof of the vibrancy and quality of Western writing.

As someone who has long been passionate about the American West and its rich history, this award is truly meaningful to me. It is a recognition of the importance of preserving and sharing the stories that make up our cultural heritage and a reminder of the power of good storytelling.

I am grateful to the Western Writers of America for this honor and for the support of Wild West magazine in publishing my work. I hope this award will inspire others to continue exploring and celebrating the unique and fascinating world of the American West.

In addition to Texas Jack Takes an Encore, Spur Award winners this year include:

Biography: Before Billy the Kid: The Boy Behind the Legendary Outlaw by Melody Groves (TwoDot). Children’s Picture Book: The Rowdy Randy Wild West Show: The Legend Behind the Legend by author Casey Day Rislov and illustrator Zachary Pullen (Mountain Stars Press). Contemporary Nonfiction Book: A Place of Thin Veil: Life and Death in Gallup, New Mexico by Bob Rosebrough (Rio Nuevo Publishers). Contemporary Novel: Beasts of the Earth by James Wade (Blackstone Publishing). Documentary Script: The Battle of Red Buttes by Candy Moulton and Bob Noll (Boston Productions Inc./National Historic Trails Interpretive Center). First Nonfiction Book: American Hero, Kansas Heritage: Frederick Funston’s Early Years , 1865-1890 by Clyde W. Toland (Flint Hills Publishing). Historical Novel: Properties of Thirs t by Marianne Wiggins (Simon & Schuster). Juvenile Nonfiction Book: American Ace: Joe Foss, Fighter Pilot by Hector Curriel (South Dakota Historical Society Press). Juvenile Fiction: Wish Upon a Crawdad by Curtis W. Condon (Heart of Oak Books for Young Readers). Original Mass-Market Paperback Novel: Dead Man’s Trail by Nate Morgan (Pinnacle/Kensington). Poem: “New Mexico Bootheel: A Triptych” by Larry D. Thomas (San Pedro River Review). Short Fiction: “ No Quarter ” by Kathleen O’Neal Gear, published in Rebel Hearts Anthology (Wolfpack Publishing). Short Nonfiction: “ Texas Jack Takes an Encore ” by Matthew Ross Kerns (Wild West). Song: “ Way of the Cowboy ” by Randy Huston, released on Times Like These (Outside Circle Records). Traditional Novel: The Secret in the Wall: A Silver Rush Mystery by Ann Parker (Poisoned Pen Press).

Bygone Nebraska (July 14 1968)

This illustration of Giuseppina Morlacchi and Texas Jack comes from the July 14, 1968 issue of the Omaha Sunday World-Herald newspaper.

Western Heritage Award 2023

https://nationalcowboymuseum.org/collections/awards/wha/texas-jack-takes-an-encore/

Proud and humbled that the National Cowboy & Western Heritage Museum has chosen my article Texas Jack Takes an Encore, the cover story of Wild West Magazine's April 2022 edition, as their Western Heritage Award-winning Outstanding Magazine Article.

The Western Heritage Awards honors individuals who have made significant contributions to Western heritage through creative works in literature, music, television, and film that share the great stories of the American West.

Texas Jack Omohundro was the first cowboy to rise to a place of prominence in America and was the first to incorporate the trappings of the cowboy lifestyle into a stage performance. He introduced the lasso act to the stage when he and his best friend, Buffalo Bill Cody, launched their acting careers together in December of 1872. Texas Jack was inducted into the museum's Hall of Great Western Performers in 1994 and remains the earliest-born person to be so honored.

In addition to Texas Jack Takes an Encore, Western Heritage (Wrangler) Award winners this year include:

Dark Winds "Monster Slayer" - Outstanding Fictional Television Drama The Long Rider - Outstanding Docudrama Dead for a Dollar - Outstanding Theatrical Motion Picture Red Steagall is Somewhere West of Wall Street - Western Lifestyle Micki Fuhrman "Westbound" - Outstanding Traditional Western Album Andrew Giangola "Love & Try" -Outstanding Nonfiction Book Anouk Krantz "Ranchland: Wagonhound" - Outstanding Photography Book Casey Rislov "The Rowdy Randy Wild West Show" - Outstanding Juvenile Book Mary Clearman Blew "Thinking of Horses" - Outstanding Western Novel W.K. Stratton "Last Red Dirt Embrace" - Outstanding Poetry Book Red Steagall - Lifetime Achievement Award Pete Coors - Western Visionary Award

Lou Diamond Phillips and Bob Wills are this year's inductees into the Hall of Great Western Performers.

The Award Ceremony will take place in Oklahoma City on April 14th and 15th, 2023, and is usually broadcast online.

Morlacchi in Louisville

From the February 26, 1870 edition of the Louisville, Kentucky, Courier-Journal:

The public have read Morlacchi's advertisement in another column, as it previously read the accounts of her performances in Boston, Philadelphia, and other cities, with delight; and it looks forward to her first appearance in this city next Monday night with many pleasurable anticipations.

Giuseppina Morlacchi stands acknowledged as one of the Queens of Terpsichore. No one who has seen her can fail to admire the purity of sentiment which pervades all her performances and which violates none of the principles of refinement and true delicacy. Whatever may be said of the ballet by the very curious, justice should be rendered the meritorious artists who are compelled to adopt the fancy costume of the present day, by the public demand for it; and this demand arises largely from the fact that the perfection of dancing requires more freedom of limb than can well be obtained in the ordinary costume of women, and besides grace and ease of movement cannot so well be appreciated unless seen.

But Morlacchi does not pander to vulgar tastes by appealing in an exceedingly limited supply of dress, nor does she permit any of her troupe to do so. She is to the Terpsichorean stage what Ristori is to Tragedy—a refined and gifted artiste, with exalted ideas relating to her profession. How often is heard the denunciation of the ballet by those very nice people who relish it most, who visit it whenever the occasion presents, well knowing that they must see comparative absence of dry goods. If those who visit the ballet are perfectly pure in mind they must observe the perfection of grace—they must admire the beauty and symmetry of that form of which men and women in all ages have been and still are so proud. Virtue, merit, and talent will ever command the respect of fair-minded people in all professions and occupations of life—and nonetheless, because virtue, merit, and talent appear in the ballet. We have with us now much to admire in the illustration of the foregoing, and we are not both to speak in commendation of such. Among the number, Morlacchi is prominent. A Philadelphia journal says: "No one who has seen can fail to admire her grace and ease upon the stage. She glides through the difficult mazes of the dance with the lightness and agility which mark the gambols of the graceful doe in her native wilds; and were the ballet upon the green swarth we can well imagine that her footsteps would scarcely leave an impression or disturb the morning dew, so gently and swiftly does Morlacchi's flying feet seem to skim along as if hesitating to touch nature's growth and beauty. It is rare indeed that such perfection and grace are put before us; and this execution is no less wonderful that her grace is pleasing—the poise, the whirl, the fling, the leap brings forward incessant applause. Such talent needs public praise, and it should never be withheld.

Arrest of Ned Buntline

From the Missouri Democrat, Friday, December 27, 1872.

ARREST OF NED BUNTLINE.

The Charges Over Twenty Years Old.

Buffalo Bill and Texas Jack View It as a Capital Joke.

Reminiscence of the Riot of 1852.

Edward Z. C. Judson, better known by his nom de plume of "Ned Buntline," came to the city a few days ago, and opened at Wakefield's Grand Opera House with an "immense combination," consisting of the genuine Buffalo Bill (Hon. W. F. Cody, member of the Nebraska Legislature), the genuine Texas Jack (J. B. Omohundro,) the most prolific and universally popular author of the day, Ned Buntline (Col. E. Z. C. Judson,) Mlle. Morlacchi, and a dozen other stars of lesser magnitude.

The troupe appeared in a new sensational drama, written in five hours by Ned Buntline, entitled "Scouts of the Prairie, and Red Deviltry As It Is," in which Ned played the part of Cale Durg, and the Hon. Buffalo Bill and Texas Jack took leading characters. The play was an immense success, so far as drawing full houses goes, and yielded a handsome sum to the managers.

Ned and his long-haired heroes put up at the Southern, and were lionized to their hearts' content. Everything went smoothly with them until yesterday, when a little episode occurred, which they had not announced in their bills. Ned had just recieved a dispatch, and went to the office to draw money to pay for the message, when a spruce, but muscular and resolute young man with a rosate tinge upon his cheek stepped up, and slapping the popular author on the back, said,

"MR. BUNTLINE, I WANT YOU!"

Ned turned around and looked at the officer, and knowing from the expression on his countenance that resistance would be useless, asked for an explanation. The officer, who was Deputy County Marshal Reinstaedtler, replied:

"I am an officer. Consider yourself my prisoner."

"What for?" asked Buntline in a sad, serious tone, glancing toward Buffalo Bill and Texas Jack who stood nearby, laughing, as though they regarded the arrest of their chief as a capital joke.

"If we were out on the plains," said Jack, "we might have something to say, but here in the city it is no use; we must take what comes."

The officer informed his captive that he was charged with

ASSAULT TO KILL AND RIOTING,

committed over twenty years ago in this city, during the progress of a municipal election.

"Will you allow me to go to my room, to pay for a telegram I have just received?"

"Certainly," replied the officer, "and I will go with you."

While this scene was being enacted, a young man of the "immense combination," thinking, probably, there was a rehearsal on hand, drew a large-sized revolver from his pocket, and walked up and down in front of the counter, swinging his weapons, as if waiting for the word to slay and scalp the officer and make his exit through the furnace. The cue was not given, however, and the desperado drank no blood.

The officer accompanied Buntline to his room, where the telegraph boy was waiting, and the dispatch was paid for.

"I'm sorry this thing did not come up earlier," said Judson. "All my

WITNESSES ARE DEAD,

but I am innocent of the charge, but I will obey the law without a murmur. I had nothing to do with the riot. I was living in the city at the time, publishing a paper. Word came to me that a riot was going on at Soulard Market, and that a dear friend of mine had been beaten and nearly killed. I went down and took him home, and that is about all there is of it."

Buntline requested the officer to keep the matter quiet; he wanted no

SENSATION

made about it. He had heard that he was to be arrested, and would have surrendered himself if he had known where to find the officer.

At the time the hero of a thousand stories was arrested, Judge Primm, Circuit Attorney Normile, Sergeant Harrigan, and several citizens were present. When Judge P. saw the young member of the troupe swinging his pistol, he remarked that he did not think the fellow would shoot a pumpkin, and asked Reinstaedtler if he had a weapon.

"I've got a little popgun here," replied the officer, "but I don't need it to take down such a chap as that." Harrigan, who is a dead shot on the wing, was ready to take a hand in case any Indian tricks were attempted, but fortunately for the "combination," they were not bloodthirsty, but preferred slaying redskins on stage.

The arrest occurred at 2 o'clock. An hour later the officer entered Four Courts with Ned Buntline in charge, accompanied by Capt. George D. Martin, as a friend of the prisoner. In a few minutes Judge Primm was seen to enter his private office, back of the courtroom, and Col. Mormile being present, the redoubtable Judson was ushered into the presence of the judge. Half a dozen reporters were there, eagerly awaiting developments. The DEMOCRAT reporter, who had known Judson in former years, introduced him to the Judge, who seemed surprised at the diminutive stature of the formidable novelist.

"IS THIS NED BUNTLINE?"

he asked, "whose yellow-covered literature I have heard of? I expected to see a big, piratical-looking fellow, as tall as that door, with bowie knives and pistols bristling in his belt."

"You are not the first person who has been disappointed at my appearance," said Ned. "Once, when I was in Cincinnati, Amelia B. Welby, who, you know, was a little golden-haired thing, more like an angel than a woman, called to see me. She stood amazed when I presented myself, and said she had imagined I was a great whiskered monster with tarred breeches and a tarpaulin hat. At that time I had a smooth face, like a girl's, and was younger and better looking than at present. But about this arrest; I assure you I know nothing about the charge. I have been in the city several times since the occurrence. I was with Semner at

ASH HOLLOW,

and was wounded there, and came to the city and laid for three months at the Planters' House. Here is the scar (opening his shirt bosom and displaying his manly breast to the gaze of Col. Normile.) An Indian arrow made that. I took the first company to Washington—the mounted rifles—at the breaking out of the rebellion. There were sixty of us, and only fifteen were left—all the rest were killed. I have never avoided the city, and supposed the charge had died out."

Judge Primm informed the prisoner that he had nothing before him officially. The Marshall had not made his return. He was not on the bench in 1852, when the riot occurred, and was not a Judge until 1863.

Marshal Reinstaedtler came in with the two capiases, and his return entered thereon. The Judge then informed the prisoner that although twenty years had passed since the indictment was found, the law still held him amenable. He asked him if he could give bail, and fixed the bond at $500.

Capt. Martin offered himself as bondsman, but, not being the owner of unincumbered real estate, was not accepted. He said he would take a carriage and bring a man who had plenty of real estate. The reporters suggested that he ought to fetch Hutchins.

Capt. Martin went out and did not return for over an hour. While waiting for him, the reporters dived into the musty records of the Criminal court, and fished up the indictments and testimony taken before Judge Colt, and various other matters connected with the case. It may not be uninteresting to detail the leading incidents of the riot of 1852, called

THE NED BUNTLINE RIOT.

At the municipal election in 1852, party politics ran high. The Whig party was dying out, and the Native American or Know Nothing party was awakening into life. At that time the Germans were nearly all Democrats, and were bitterly opposed to the proscriptive principles of the Know-Nothings. Hon. Luther M. Kennett, who, two years later, defeated Col. Benton for Congress after a bloody riot in which many Irishmen and a few Americans were killed, was the Whig candidate for Mayor. The Germans made a desperate stand in the lower wards, and about noon on the day of the election disturbances arose at the polls at Soulard Market, then in the First Ward, and the judges of election deemed it prudent to

CLOSE THE POLLS

until order could be restored. Certain shoulder-strikers of the Whig party, led by O'Blenis and other desperate men, distributed liquor among their partisans, and the mob spirit was aroused throughout the city.

News was brought to the central wards that the Germans had taken possession of the polls in the First Ward and refused to allow Americans to vote. It was also stated that the Whig candidate for Mayor had been driven from the polls by the Germans, and that several well-known Whigs had been assaulted and beaten by the irrepressible Teutons.

These reports spread like wildfire over the city and aroused a feeling of intense indignation in the breasts of the Whigs. Even grave and peaceable citizens became excited and vowed that such proceedings would not be tolerated.

In a few minutes, 300 or 400 citizens, armed with clubs, pistols, knives, and brickbats gathered on Fourth Street, and moved in an irregular mass toward Soulard Market, vowing vengeance against the "damn Dutch."

At that time, E. Z. C. Judson was publishing in the city a weekly, sensational sort of paper called

"NED BUNTLINE'S NOVELIST."

Judson had openly avowed Native American (Know-Nothing) principles, and when he heard that a collision was about to occur between the Americans and Germans, he lost no time in joining the ranks of his friends. Mounting a spirited charger, he rode down Fourth Street and placing himself in front of the moving mass of excited Whigs, called upon the mob to

"FOLLOW HIM."

Judson's social position and intemperate habits were not such as to commend him to the more sober members of the party, and his assumption of the leadership of the mob was not received with favor. After galloping a few blocks, he was knocked from his horse, and borne wounded and bleeding from the field. It was said that his

OWN PARTISANS

placed Ned hors de combat. Be that as it may, he won no laurels, and was more of a martyr than a hero.

The mob rushed on, led by O'Blenis, McBride, and others, and cleaned the street in front of the polls. Capt. James McDonough, the present Chief of Police, commanded a squad of policemen, and aided in clearing the streets. He spoke to the mob, and soon succeeded in restoring quiet. He then declared the

POLLS REOPENED,

and the Whigs filled in their votes with wonderful rapidity, while the Democrats who had not voted hastened to their homes and did not vote at all.

The Americans were not masters of the situation, and the Germans were driven back. Some of the latter, who had congregated at the course of Niemeyer, a block or two distant from the polls, became exasperated and showed fight to the last. A shot was fired into the mob, and a man named Stephens was

SHOT AND KILLED

near Niemeyer's house. This exasperated the Americans, and a hundred or more of them rushed into the house, upset the stove, and set the place on fire. Niemeyer was upstairs attending to his sick wife. Several men, learning the fact, went up, and wrapping up the lady in a sheet bore her from the burning building. Her husband followed, and in going through the crowd was struck on the head and body with clubs and stones, and never recovered from his injuries. He died four months afterward. The burning of the house partially appeased the mob, and the more reasonable of the Whigs interfered and induced the crowd to cease hostilities. Even O'Blenis became disgusted at this act of vandalism, and refused to strike another blow. He said, in his blunt way, "when it comes to fighting, I am in, but when houses are to be burnt I am not there." O'Blenis afterwards took up a collection, and Mrs. Niemeyer was paid the full value of the house and fixtures that had been destroyed.

Kennett was elected Mayor of the city, and the Democrats were defeated. When the grand jury met

INDICTMENTS

were found against many of the ringleaders of the mob. J. B. Colt, brother of the revolver man, was then Judge of the Criminal Court, James R. Lackland was Circuit Attorney, R. J. Howard was clerk, and John M Wimer was foreman of the grand jury. Fourteen persons were indicted, and most of these were tried, with the following result:

E. Z. C. Judson: bond forfeited

Robert McO'Blenis: fined $50

J. McBride: fined $25

James Harper: acquitted

James Collins: not found

Wm. Bloomer: fined $50

Philip Moses: not found

John Kennedy: acquitted

S. Bartholomew: bond forfieted

John Dillon: fined $10

Wm. W. Way: fined $10

David J. Dickey: acquitted

J. Maharge: fined $10

Wm. McCamant: acquitted

Same Powers: acquitted

In the case of McBride, the jury that tried him brought in a verdict against James McBride, and his name being Joseph, he escaped payment of the fine. O'Blenis appealed to the Supreme Court, which affirmed the judgment, and he paid up.

The first jury, after a trial of fifteen days, failed to agree. The second trial lasted six days, with the above result.

Judson was indicted for rioting and for attempting to kill John Justfeld and Francis Busse. He was admitted to bail in $500, L. F. Hastings going on his bond. The cases were continued for several terms, and when finally called for trial, Ned was not on hand, and his bonds were declared forfeited.

While the reporters were gathering these facts, Capt. Martin was driving hither and thither in a carriage, looking for someone to bail Judson out, so he could appear on the stage of the Grand Opera House. After searching for a couple of hours, he met several gentlemen upon whom he could rely, among them Mr. Carlos S. Greeley and Capt. Dan. G. Taylor. As one Greely had gone on

JEFF. DAVIS' BOND,

there was no reason why another Greeley should not bail Ned Buntline, and so the bond was given, and last night Ned played his part on the stage, to the great delight of the gods of the gallery.

It is difficult to conjecture what the prosecution may amount to. There are witnesses enough living, but they may not remember the facts of the riot well enough to make out a case. At any rate, as the others escaped with light fines, it would seem hard, after a lapse of twenty years, to impose a very severe punishment on poor Ned. He has become a temperance lecturer, and is not as strong a Know-Nothing as he was.

THE TRIAL OF THE RIOTERS

excited a great deal of interest at the time. The testimony was committed to paper, and is on file in the Criminal Court, attested by the signature of Judge Colt. From the testimony we extract the following particulars:

GEORGE DURY:

At the time of the riot I lived on Marion Street, north side. I saw Niemeyer's house on fire from Flashmeyer's. I saw a man at the northeast corner of Seventh and Park avenue, lying dead. I then saw the house consumed. Then the fire companies came. I saw a large crowd round the house and two or three hundred people. At 1 or 2 o'clock an alarm of fire was given, and the Phoenix bell rang. I don't know who did it. I went to Decker's house; Decker and myself, Drilin and one other man whose name I don't know. A crowd of thirty ot forty came up to the corner. Buntline came there. The crowd were coming up Seventh Street toward Niemeyer's house. Did not see any of the defendants there that day.

Cross-examined—I saw Ned Buntline at Niemeter's on Seventh after the fire commenced. I was at Decker's corner but once that day. No stones were thrown before Buntline

PULLED DOWN THE FLAGS.

I saw Stephens dead on the corner of Seventh and Park Avenue, his head on the curbstone and feet to the river. The houses first broke in were Flasch's and Becker's. I don't know anybody's name that was at the fire. I saw four men running up Seventh Street and a crowd of twenty men after them. There was a great excitement at the polls, because they intended none but Democrats to vote. A German told me I was not to live in the First Ward if I voted the Whig ticket. I was half an hour at Flasch's, when I heard the report of a gun. When I arrived at Niemeyer's, there was a great excitement and noise, talking and hallooing. A man came out of Niemeyer's house when the fire was raging with some bedding, and was knocked down. I saw no guns. There were two crowds, Americans and Germans. I can't say if both had rocks in their hands. The Germans stood in Park Avenue and Seventh. I saw no stones thrown over from Park Avenue, where the Germans were. I saw no one in Buntline's crowd throw a stone until they came to Flasch's. It was about half an hour after I heard the first sho I saw Stephens' body.

DAVID ROBINSON:

I saw some of the difficulty at Niemeyer's house. The first thing I heard was a pistol shot from Niemeyer's house, or one adjoining. Persons were there in front of Niemeyer's, fifty or 100. When the shot was fired they stopped. Two persons were shot. I saw no weapons in anyone's hands until after this shot, then I saw

AXES, ROCKS, AND STICKS,

and some persons broke in Niemeyer's house; don't know who; I know McBride and Dickey: I saw none of the defendants at the house that day. I saw Buntline on Fourth Street, and something was said about going to the First Ward; when I went down the second time the street was full. I told him I went there to vote, and the Germans drove me away. He said if I would go with him I should have a chance to vote. He said to some others that there was a man who had been driven from the polls. Dickey said he had been up to see Mr. Kennett about it. A crowd went down afterwards on account of disturbances in the First Ward. I was excited; the reports brought up were enough to excite anybody. I heard no threats, except that someone said it was a good time for the Dutch printing office.

STEPHEN GOLDEN:

testified that there was a crowd at Niemeyer's house, many of them boys. Saw McBride on horseback at the time of the shooting; he said to the crowd that two young men had been shoot. After the firing, they commenced in a few minutes to break the house. A shot from Niemeyer's house killed Stephens. The stones were thrown after the shooting. I saw O'Blenis when the house was burning; he said, "When it comes to fighting I'm in; but when to

BURNING HOUSES,

I'm not there." He said it was a shame. I saw him before at the polls; he had whisky and tumblers. The Germans were fighting. If a policeman interrupted they whipped him. The Germans took the polls; no man went to vote. They wouldn't let him, because, they said, he was a Whig. He did not vote until the polls were retaken. McBride and another person came to vote; they pointed them out, and threw stones, and bricks, and mud at them and hit them; they did nothing to provoke it; a large crowd ran after them, throwing rocks at them; then they whipped Coote, and Sutter, and Mitchell. They stoned all the carriages that passed. This was kept up till Jecko spoke; then the crowd came down Seventh Street. The Germans, when they saw them, shot their pistols in the air, and then stones were thrown by both crowds. The Germans went perhaps halfway up the street to meet the Americans. I saw the Germans behind the lumber pile at the corner of Fourth and Marion. They

DROVE BUNTLINE OFF

by throwing rocks and bricks at him, as he was riding along Seventh Street; he did nothing; he went off; he offered no resistance; he was alone on horseback; afterwards he was shot at, and he also shot at them; about 150 Germans were after him. Stephens was shot ten or fifteen minutes before the house was fired. When the house was broken the crowd was just coming there. I saw policemen trying to prevent persons from firing the house, and the crowd would knock them down. Jackson was knocked down. They broke into the coffee-house opposite the polls because the Germans whipped an old man who ran in there and was kicked out.

JAMES AMES:

testified to seeing some of the defendants at the riot. He went with the crowd of Americans downtown; there were 400 or 500; some were mounted; some had sticks and some pistols. As the crowd moved down the Germans threw rocks at them; they pursued the Germans, and followed some of them into houses. After the house was fired, some twenty Germans came and fired at the crowd. The Germans started to get a cannon, but the Americans got it first and took it to Second and Park Avenue; don't know how the gun was loaded.

Mayor Kennett came down, and the Germans drove his carriage off. Every man that looked like an American had to leave. The Germans tore up the tickets. Witness and McBride went down with the tickets, and the Germans stoned them; they ran and were pursued by 300 or 400, and outran them. Afterwards they met the Americans and went down with them. In the first engagement the Americans retreated because they could get no rocks. The Americans proceeded to the polls and made public proclamation that everyone who wanted to vote could do so. All was quiet, and they started home, when a shot was fired from Niemeyer's house.

PETER WEBER:

testified that the house was set on fire by upsetting the stove and knocking down the gaslights. Witness was a judge of election in the First Ward. A crowd came downtown, and said they came to open the polls for the Whigs to vote. We stopped taking votes about fifteen minutes, because they came in on us; they jumped over the tables and said "Now the Whigs shall vote." Pilkington and Abels were also judges.

DR. J. W. S. MITCHELL:

testified that there were no Whig tickets at the polls at 1:30 o'clock; all had been carried off; he voted, and the crowd pursued him and threw stones at him; for the first time in his life he ran, and was struck on the cheek with a stone; ran into a house and crawled under the bed; was put out, and some women took him upstairs; then the Americans arrived and he was saved.

GEORGE H. PHILLIPS:

testified to being in the fight on the side of the Americans, and related the particulars.

A. S. KENNEDY:

testified that beweeen 1 and 2 o'clock there was fighting and great excitement. The Germans were keeping up the excitement; the Americans had no show; if an American opened his lips he got whipped, because the Americans were called Whigs. It was very hard to get to vote at all. The polls seemed to be in the hands of the Germans, and no Whig tickets were to be had. The polls were declared to be opened, and then all was quiet. Ned Buntline spoke, contending for the right of suffrage.

COL. THOMPSON:

testified that the report came that the Germans were whipping the Americans, and had taken the polls. I galloped there and saw a fight between the Germans and Americans; the Germans were whipped off, and Capt. McDonough proclaimed the polls opened; all quiet then. As I was returning home I saw the Germans throwing stones at the citizens who were returning up Seventh Street. the Americans pursued them down to Carondelet Avenue; here a German shot twice at an American from behind a fence. Stephens was shot several minutes before Niemeter's house was burned.

L. M. KENNETT:

testified that he was Mayor at the time; went down to First Ward at 12 o'clock. A man said, "I heard you abuse the Dutch in the ferryboat." He seemed angry. Some of them said, "Hang him; drown him in Kennett's Lake." He got into his carriage and drove home. After that he had heard that the Germans had taken the polls.

Capt. McDonough, Capt. Joseph Hercules, and several other policemen and citizens testified pretty much as the witnesses above quoted. The testimony is quite voluminous.

The Scouts in Cincinnati

From the Cincinnati Times and Chronicle, Monday, December 30, 1872:

INDIAN SLAYERS ON OUR STREETS

They Pay Their Respects to the Press

Ned Buntline's famous tales of the career of the great Western notables, "Texas Jack" and "Buffalo Bill," have been read by the thousands, and the breath-taking deeds therein recorded have started the crazy fancy of many a young Jackanapes to hunt in his native woods for imaginary foes, and ride a rickety saw-horse nigh on to death in his father's barn, in a dash to escape the tomahawks of wicked red men close at his heels.

Everyone has heard of these daring scouts, and all have experienced a desire to see a real live man from the prairies who has "lifted hair" and made hundreds of "pesky redskins bite the dust."

Ned's heroes arrived from Chicago this morning, and, after properly attending to the wants of the inner man, commenced making New Year's calls, or, rather, winding the old year up in the good old-fashioned way of beginning the new one. Mr. H. Lloyd was their guide, and filled his office in a praiseworthy manner. Four milk-white prancing steeds hauled their conveyance through the streets, and a curious crowd followed them at every turn.

The TIMES AND CHRONICLE office was not forgotten in their rounds. When the chariot brought up in front of that establishment, the noise and crowd startled its inmates and turned them out pell-mell.

The occupants filed into the office in true Indian fashion, in the following order:

H. Lloyd, Esq.

E.Z.C. Judson, Esq. (Ned Buntline.)

Apache boy, in native uniform.

Buffalo Bill.

Texas Jack.

Small newsboy.

After paying their due respects to the heads of the establishment, they retired in the same order and reembarked for the next call.

Ned Buntline is a stout, well-built man of good appearance. Perhaps sixty winters have passed over his head. In his own time, he has experienced many adventures, which have found a place in some of his thrilling stories.

"Buffalo Bill" is tall and inclined to be somewhat slender. His features are marked in their daring and precision, and fully come up to the imagination of the dashing, handsome, "scout of the plains."

"Texas Jack" is different in appearance, being of a heavier build, but his physiognomy displays an eager, anxious, ever-ready sort of a look which is characteristic of the border man.

Both dressed plainly, the only distinguishing feature in their personnel being a huge white hat, with the brim turned up to the crown toward one side.

The little Apache boy that accompanied the party was dressed in his full native rig, and carried miniature weapons of war. He looked every way happy and contented.

These notables give their first original performance in the city tonight at Pike's Opera House, and we predict for them unqualified success. Their frontier scenes are said to be striking and intensely real, and to contain some spirited dramatic scenes severely faithful in actual portrayal.

Christmas 1873

What a treat!

While most of us enjoy a well-deserved day off on Christmas, the Scouts of the Plains were working twice as hard as normal, with a regular performance as well as a 2 o'clock matinee at Baltimore's Maryland Institute.

If you had been an especially good little boy or girl that year, you could wake up early, open your presents, and then head to the theater to see Buffalo Bill, Texas Jack, Wild Bill, and Giuseppina Morlacchi live and on stage. It was Jack and Giuseppina's first Christmas together as a married couple.

Easy to imagine the happy faces of children packing the galleries of the show that afternoon and evening!

The Scouts in St. Louis (Christmas Eve 1872)

The second stop of The Scouts of the Prarie tour starring Buffalo Bill and Texas Jack hit St. Louis from December 23rd to the 28th. The following article appeared in the Tuesday, December 24, 1872 issue of the St. Louis Missouri Democrat.

The intense, piercing cold of last evening, and the irregular trips of the cars, worked seriously to the detriment of the theatre, and the audiences, with one exception, were discouragingly small/

GRAND OPERA HOUSE - A new sensational drama, from the pen of Ned Buntline, and written to perpetuate by living representatives, the heroism of himself, Buffalo Bill, and Texas Jack was well mounted and excellently well played.

The title is "Scouts of the Prairie," and the object is to display "Red Deviltry As It Is," and probably three gentlemen could not be found who combine histrionic talent with actual experience in the high state of perfection to which the heroes of this drama have attained. The play introduces, in scenery and dialogues, all of prairie life that can be exposed within the limited confines of an ordinary stage. The characters make no particular strain after effect, are perfectly natural, and rely upon their own experiences for their dramatic situations.

Mademoiselle Morlacchi, as Dove Eye, and Senorita Eloa Carfano, as Hazel Eye, assume the parts of Indian maidens, and play them with a wonderful fidelity to nature, and the other parts are judiciously distributed among gentlemen of artistic taste and unqualified genius. But the burden of the representation lies heaviest upon the gentlemen of the auxiliary corps, whose functions are varied and extensive. They are disguised as Indians, armed and well up in their parts, which are times involve the most heroic actions, and stoical indifference to personal inconvenience. They are lassoes, stabbed, shot, and pulled off the field of battle by their limbs, yet they constantly return to the charge, and win the sympathy of the audience for their patriotism and faithfulness to this text.

In one thing the play is deficient. It is the aim of the stage to encourage the triumph of virtue; yet these gentlemen, who possess the virtues of patience and forbearance, courage and humility of spirit, are invariably defeated in the laudable undertakings by the superior aim of their adversaries. This deficiency is in a manner made up in the extent of the shooting accomplished by the players, and in the death of Cale Durg, which was finely drawn and loudly applauded.

The play is billed for the whole week.