When you think about the “Old West” there are a few things that automatically come to mind. Maybe horses, saloons, gun fights, and the last -- a noose swaying in the breeze. This story has all of these things.

In March of 1875 the papers started to report that ponies were being stolen along the North Platte river. The thieves were white men dressed as Native Americans. James M. Riley and his gang the “Pony Boys” were becoming a problem for the local ranchers. Besides being good at stealing horses and cattle James had another talent. His talent was doctoring the brands on his new acquisitions. After shooting a soldier from Fort Sidney, James adopted a new name, Doc Middleton.

Some of those horses ended up at the two livery stables in Sidney, Nebraska. One just happened to be just north of a good friend of Doc’s, Cornelius “Con” McCarty. Con was the owner the Capitol Saloon. Robert W. Porter owned that livery stable.

On October 24, 1875 Robert Porter was hitching his horse in front of a billiard hall when the horse was recognized by Charles Patterson. Patterson had once been the foreman of the Bay State Livestock Company Ranch. The argument ended with three holes in Porter’s chest. Patterson was arrested by Sheriff Ellis and taken to jail.

It is said that Porter’s body wasn’t even cold when it was loaded into a pine box and he was buried in our Boot Hill Cemetery. Porter had many friends in Sidney. After a day spent drinking, they decided they had no faith that justice would be served to Patterson. A group of about thirty to forty men broke into the jail and dragged Patterson to a telegraph pole. The men hoisted Patterson and left him hanging. They left when Con McCarty offered to buy everyone a drink for a job well done.

About this time, Sheriff Ellis, who was absent when the mob stormed the jail came around the corner to find Patterson wasn’t dead. Because he had been hoisted and not dropped, his neck did not break. The Sheriff cut Patterson down and took him back to the jail where he recovered from the failed lynching.

The word spread that Patterson had somehow survived. The friends of Porter gathered even more men and once again stormed the jail. This time savagely beating the Sheriff who tried to stop them. The mob took Patterson back to the same telegraph pole and this time they succeeded in killing him. Con McCarty once again bought a round of drinks for the mob.

McCarty gained a lot of friends buying rounds. A few weeks later, Con McCarty defeated Sheriff Ellis in the election and became Sidney’s new sheriff. John Ellis, who had been seriously injured by the mob, collected his back pay and went on to work for a railroad in Nevada. During Con McCarty’s time as sheriff, 520 criminal cases were tried, which included 30 murder cases. He himself was known to reside on both sides of the law and was known as the crookedest sheriff of the west.

The Capitol Saloon was located on the northwest corner of 10th and Illinois. McCarty owned the notorious saloon until 1877. He sold the building to Michael H. Tobin, who changed the name to Tobin’s Capitol Saloon. The building was destroyed by fire in 1908. Tobin built a new two-story building in its place. The last occupant of the building was Della’s Cafe. If you are looking for a historical property, you are in luck. This property is currently for sale.