Publications by Colleges and Departments (MSU - Bozeman)

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Author: search.filters.author.Scott, Kim Allen

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    #METOO, 1896
    (Unpublished, 2019-03) Scott, Kim Allen
    The contemporary scandals involving powerful men in the realms of American entertainment, business, and politics might lead some to believe that the scourge of sexual harassment is a twenty-first-century social malady. However, even a casual study of history reveals the deplorable behavior of some men in their treatment of women has always been a part of America’s story, and a sharpened awareness of this longstanding problem can help reveal previously veiled instances in our national narrative. One such case involves the turbulent founding of the Montana College of Agriculture and Mechanic Arts in Bozeman during the mid-1890s. Although the argument between two of Montana State University’s founding fathers is well known to anyone familiar with the school’s history, the dramatic story of that conflict has obscured subtle evidence of a simultaneous incident of sexual harassment. If history has a purpose for the instruction of the present, this evidence deserves the light of scrutiny it has previously avoided.
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    Anatomy of a Lynching
    (Gallatin County Historical Society, 2003) Scott, Kim Allen
    The lynching of Z.A. Triplett and John W. St.Clair on February 1, 1873 is arguable the darkest episode in the history of Bozeman, and one of the more unsavory examples of vigilantism in Montana's extensive record of citizens who took the law into their own hands. As a brutal study in the application of extralegal justice, the Bozeman lynching offers details which allow an in depth examination of the incident, even though the town did its best to obfuscate the particulars as time passed.
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    No Duty to Retreat in Pike County
    (2016-12) Scott, Kim Allen
    American common law differs from its English origins in many ways, but one of the most consequential departures is and acceptance that a person threatened with bodily harm has no duty to retreat. "Stand your ground" laws in many states absolve a person from a responsibility to flee from a perceived threat before responding with deadly force and a mythic interpretation of this concept has become enshrined in motion pictures for more than a century. In the standard cinematic (usually a Western movie or television episode) aftermath of a homicide, witnesses crowd around to insist that the dead man "drew first" and the killer is subsequently dismissed with a nod from the sheriff. However, the actual historical record of nineteenth century America refutes this fantasy of instant absolution for the survivor of a gun duel. Homicides have always been taken seriously by local justice systems, and in even some of the most remote jurisdictions documentation can be found showing at least a formal court hearing on any self-defense plea.
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    Print the Legend; The Hollywood Frontier Editor
    (International Journal of Arts & Sciences, 2016) Scott, Kim Allen
    Western motion pictures and television programs produced during the twentieth century developed recognizable tropes for several stock characters that audiences could easily recognize. Among these was the character of the frontier newspaper editor, and the presentation of this stereotype was demonstrably different from the actual experience of newspapermen in the west. Comparison of the films with the historical record can reveal these differences and, in at least one case, a portrayal that is surprisingly accurate.
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    Whitewater: An archival angle
    (1995-01) Scott, Kim Allen
    As an archivist and special collections librarian I am sometimes asked, "What is the use of all that old stuff? Isn't it just kept for genealogists and stuffy guys in tweed jackets?" I usually answer with some defensive prattle about such material being the "memory of mankind" and try to appeal to the questioner's sense of patriotism; but lately I've been thinking that a good case for relevance can be based on contemporary events. If I can show that the material I care for is the same grist for the mill as that used by Geraldo and Limbaugh, perhaps I can convince those skeptical taxpayers that an archive is an exciting (not to mention necessary) function of a free society.
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    Witness for the Prosecution: The Civil War Letter of Lieutenant George Taylor
    (1989-09) Scott, Kim Allen
    /X prosecutor must present the jury with evidence against the defendant which is believable beyond a reasonable doubt. Testimony based on hearsay or the recollections of a witness several years after the crime are always subject to damaging critique by the defense. To bolster a case based on a stale reminiscence, the prosecution may use corroborating evidence: the same story told by two different parties. However, if a sharp defense attorney can show that both sources are of equal antiquity, the corroboration strategy can still be easily defused. The best testimony for substantiating old stories is a witness deposition taken immediately after the crime was committed. The introduction of such evidence can confirm the truth of the dated accounts and win the case for the prosecution.
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