rock springs

Douglas Arnold Preston was destined for great things in the state of Wyoming. Born on December 19, 1858, to Finney D Preston and Phoebe Mundy. He was admitted to the Illinois bar in 1878 and practiced law in Illinois courts until 1887. Then he decided to relocate to Cheyenne, Wyoming Territory. During his life in Wyoming, Preston was not only an attorney, but also a politician. He served as the 6th Attorney General of Wyoming from 1911 to 1919, as a member of the Democratic Party. He also served as a member of the Wyoming House of Representatives from 1903 to 1905, and as a member of the Wyoming Senate in 1929 until his death.

When Preston moved to Wyoming in 1887, he established a law office in Rawlins in partnership with John R Dixon. Apparently, Rawlins wasn’t his cup of tea, so the following year, he moved to Lander, where he continued his legal practice. In 1895, he again relocated, settling in Rock Springs, which became his long-term residence and base for his legal and political career.

While Preston’s political career was extensive, probably one of the oddest parts of his legal career was the fact that he was once retained as a defense attorney for the infamous Butch Cassidy. Cassidy and his cohort, Al Hainer, had been arrested on April 11, 1892, a seven-man posse led by Uinta County Sheriff John Ward and Deputy Sheriff Bob Calverly, and charged in Fremont County with grand larceny “involving the theft of a horse valued at forty dollars from the Grey Bull Cattle Company on or about October 1, 1891.” District Court Judge Jesse Knight set bond at $400 each and both men were released pending trial. The trial was delayed for more than a year, due mostly to problems encountered in locating one prosecution witness and several defense witnesses. During that time, Cassidy retained Douglas A Preston of Lander as his attorney. Preston was assisted by C F Rathbone.

Preston and Cassidy had crossed paths and become friends so retaining him made sense. Unsubstantiated rumor has it that Cassidy and Preston met when Cassidy saved Preston from a beating in a saloon in Rock Springs. However, that rumor has been disputed, and since Cassidy was an outlaw, it seems odd that he would play the hero in that one situation. Nevertheless, the two men were friends, and Preston did defend Cassidy.

The trial finally began in Lander on June 20, 1893, with Judge Knight presiding. The trial was short and the defense simple. Cassidy and Hainer did not deny being in possession of the horses but maintained they had bought them from a man named Billy Nutcher in good faith, unaware they were stolen. Conveniently, though he had been subpoenaed to testify, Nutcher did not appear at the trial. Nor did two men Cassidy claimed had witnessed the transaction. In the end, the jury deliberated only a few hours before finding both men not guilty. The reality was that there was just not enough evidence.

As the trial progressed and a “not guilty” verdict appeared likely, rancher Otto Franc filed charges against Cassidy and Haines in the theft of different horses in August of 1891, valued at $50. Both were re-arrested and were once again freed on bond. The trial on the new charge opened on June 30, 1894. While Cassidy was found guilty, Hainer was once again acquitted. On July 10, Judge Knight sentenced Cassidy to two years at hard labor in the Wyoming State Penitentiary in Laramie. That pretty much ended the relationship with Preston and Cassidy, and Preston went on to focus on his political career.

Preston served as the prosecuting attorney for Richland County, Illinois from 1880 to 1894. By 1889, and now in Wyoming since 1887, Preston was selected as one of the Democratic delegates to the Wyoming Constitutional Convention. Their task was to draft the state’s constitution for submission to the US government for statehood. From 1903 to 1905, Preston served in the Wyoming House of Representatives. Governor Joseph M Carey appointed him as Attorney General of Wyoming in 1911, and he was reappointed by Governor John B Kendrick in 1915.

Preston was elected to the Wyoming Senate in 1928, but on October 8, 1929, he was involved in a car crash that left him with four broken ribs and a severe skull fracture. Unable to recover from his injuries, Preston died on October 21, 1929, in a hospital in Rock Springs, Wyoming. He was 70 years old. In the 1930 Wyoming state elections, his widow, Anna Preston, was nominated as the Democratic candidate for Wyoming Superintendent of Public Instruction.

In 1885, coal miners in Rock Springs, Wyoming Territory were trying to unionize, and were trying to strike for better working conditions, but the Union Pacific Railroad company had been besting them in their efforts for a long time. In those days, the companies often had the advantage over the workers. Working conditions suffered as a result of this disadvantage. Unions and companies were constantly at odds, for obvious reasons. I suppose that in any business, there are good and bad people. Sometimes, when people come into power in an organization, corruption follows. The companies of that time didn’t want to do what was necessary to make working in the mines safe, and as most people know, underground mining can be a very dangerous occupation. The chance of cave ins or explosions exists in even the safest mines, as well as having poisonous gasses leaking into the limited air supply, bringing death to the miners.

The situation took a deadly turn on September 2, 1885, when 150 white miners brutally attacked their Chinese coworkers, killing 28 and wounding 11 others, while driving several others out of town. The Chinese weren’t really the problem, except that they were hard workers, and so the company had initially decided to bring them in as strikebreakers. The Chinese workers showed very little interest in the miners’ union, and I’m sure this made the rest of the miners very angry. The miners became outraged by a company decision to allow the Chinese miners to work in the richest coal mines, and before long, the situation turned into a mob of white miners deciding to strike back by attacking the small area of Rock Springs known as Chinatown.

When the Chinese saw the white miners coming, most of them abandoned their homes and business, running for the hills. Those who failed to get out in time were brutally beaten, and 28 of them, beaten to death. One week later, on September 9, United States troops escorted the surviving Chinese back into the town where many of them returned to work. I guess they were either very loyal, desperate for the money, or had no other real choices, because I can’t imagine going back to work in that situation. Eventually the Union Pacific fired 45 of the white miners for their roles in the massacre, but no effective legal action was ever taken against any of the participants…no repercussion for the brutal murder of 28 Chinese men.

I wound never agree with murder, but it was also wrong to use the Chinese in this way. By bringing them in as strikebreakers, the Union Pacific Railroad effectively caused the anti-Chinese sentiment that was shared by many, and began to come to the West in the mid-nineteenth century, fleeing famine and political upheaval in their own country. The Chinese were many Americans at that time. The Chinese had been victims of prejudice and violence ever since they first widely blamed for all sorts of social ills. They were also singled-out for attack by some national politicians who popularized strident slogans like “The Chinese Must Go” and helped pass an 1882 law that closed the United States to any further Chinese immigration. The Rock Springs massacre was just another symptom in this climate of racial hatred, violent attacks against the Chinese in the West became all too common. But, the Rock Springs massacre was the worst, both for its size and savage brutality.

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