Law & Order: “…and had the clerk load a gun.”

6.25.2023 [archived ~ originally published 12.8.2016]

The ‘Preparing Room’ Twine Factory where Herman Maki worked while an inmate at Stillwater State Prison. Photograph taken from Convict Life
at the Minnesota State Prison circa 1909

Jack the Horse was a real lumberjack.  He settled in northern Itasca County at the turn of the century as John Duncan McDonald and earned his legendary nickname by placing his head in a neckyoke and pulling a loaded sled to safety after losing one horse while crossing the ice.  For more details about this and the story of his life through 1908, see last week’s Reminisce column.

After his unsuccessful attempt at replacing Cyrus King as a county commissioner, Jack managed one of the many saloons in Deer River.  He and Alta set up housekeeping in town and enjoyed family life with their adopted daughter Lucille.  In late 1909 Alta became ill and requested they return to her family home in Melrose, Minnesota.  It was there that she died on December 23.  With no other choices, Jack left three-year-old Lucille with her grandparents, Frank and Julia Morehouse and returned to his commitments in Deer River.

Finlander, Booze, Gun …Murder ~ Itasca News 3-29-1913

For the first time in years a murder has been committed in Deer River, and it is a brutal and uncalled-for one.  The crime may more be called an accident, an act of a half maniac, with grudge or sane malice against no man in the present case, and positively not against the victim, John D. McDonald – better known as “Jack the Horse.”

As near as facts have now been woven from the different stories told of the tragedy, none of which vary greatly, the affair happened as follows, or about so:

Three or four Finlanders coming in from their winter’s work in the woods had been drinking about town for a few days, and as is common with this cult and some of the best of lumberjacks, they left their cache with saloon keepers, ran accounts at the bars and occasionally drew a little cash out of their deposits.

On Tuesday morning Herman Maki concluded to make Chris Sorenson, bartender at John M. Jones’s saloon, his banker, and accordingly handed over his roll.  At the time, he had with him Otto Raugo [Riki]and another of his party; and all were fairly sober.  They drank and lounged through the forenoon and at about two o’clock in the afternoon returned, and at this time Jack McDonald had taken his shift behind the bar. 

The Finns called for a round of drinks and were served.  McDonald, not knowing they had money behind the bar, asked for the pay and a few minutes later demanded with some jangle.  The Finns, then drunk, tried to explain, and Jack told them he knew nothing about what transactions they had with the other bartender and no credit slip was there for them.  The racket awoke Sorenson who was sleeping in a back room.  He came out in a hurry and stopped the trouble at once by telling Jack they had money due them from him.  Sorenson went to the cash register and a settlement was made with the men, they taking all the money they had remaining.

Maki and Raugo [Riki] then leaving the place went to Baker’s store where after looking around for quite a while bought a cheap watch, then a few minutes later they bought a 38-caliber revolver and had the clerk load it for them.  Alvah Baker, who waited on them says they were not drunk, but appeared to him as though they were about recovered from a spree.

The two men then proceeded direct to the Jones saloon and halting at the screen, called McDonald over behind the cigar case where, instantly the shot was fired by Maki, it is alleged, that killed John McDonald.

Immediately after the shot the two men passed out the front door and Maki was seen to throw the gun down between the buildings and in a minute, it was picked up by Marshal Kelly.

The two suspects were at once put in jail and information was wired to Sheriff Riley, who with County Attorney McQuat, drove up, arriving here about five o’clock.  An inquest was held before Deputy Coroner Herreid and a verdict was found against Maki.  Both men were taken that night and the next morning the grand jury returned an indictment charging Herman Maki with murder in the first degree.  Raugo [Riki] is held as a witness and the trial will be heard in the present term of court.

The bullet that killed McDonald entered his head under the left eye and lodged against the skin over the right ear.  The bullet also cut through his left hand.

John D. McDonald was born and reared in eastern Ontario, Canada, and came to this country about thirty years ago and twenty-five years ago to Itasca County and was camp foreman for the Itasca Lumber company for nearly twenty years.  He was at death about 55 years of age.  He was in the saloon business in the village for about five years, retiring two years ago.  Up to three weeks ago, he had been working in the woods.  Though living in a rough way for years, John McDonald was a very kind and tender hearted man.

His father-in-law, Frank Morehouse of Melrose, was notified and with his son came here and on Thursday night took the remains to that place, where tomorrow burial will be made.

According to the certified copy of the death record, Jack died on Tuesday, March 25, 1913.  Unbelievably, by the following Monday, March 31, the murderer was on his way to Stillwater State prison.  The 1920 federal census enumerator shows Herman Maki as an inmate in Stillwater.  At that time, he is working as a spinner in the twine mill. There is a prisoner by the name of Herman Maki on the 1930 prison census, but we know he served at least seven years of his sentence as of 1920.

Maki Goes to Pen ~ Itasca News 3-29-1913

“Justice was speedy, if not severe to Herman Maki, the Finlander who shot and killed John D. McDonald (Jack the Horse) in J.M. Jones’ saloon on March 24th [incorrect].  Maki had no funds to put up to defend himself against the charge of first-degree murder, and Judge Stanton appointed a range attorney to defend him.

The case was taken up Saturday, and while the act of crime could be called premeditated County Attorney McQuat believed it would be difficult to convict the man of first-degree murder, and the trial would be expensive. 

He concluded to accept Maki’s plea of first-degree man slaughter and end the case at once.  Maki pleaded guilty to the lesser charge Saturday afternoon, and that evening, the fourth day after the murder, Judge Stanton gave him an indeterminate sentence of five to twenty years in State prison.  Sheriff Riley took Maki to the prison at Stillwater Monday.”

Last week I mentioned a restaurant in New York called “Jack the Horse Tavern.” The website states that owner Tim Ollmans had wanted to have his own restaurant, and when the time came, he had chosen the name after the serene and picturesque spot in northern Minnesota where he and his brothers fished with their father for Northern Pike, Walleye and Small Mouth Bass.  The lake where they caught the fish was of course, Jack the Horse. I had hoped to see some north woods specialties on the menu, but apparently, it was just the location Tim was inspired by.  If you are heading east, the high-end establishment is in Brooklyn Heights, NY.

**Jack the Horse Tavern closed in 2021

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