USA > Kansas > Republic County > A history of Republic County, Kansas, embracing a full and complete account of all the leading events in its history, from its first settlement down to June 1, '01 > Part 9
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History of Republic County.
cent bonds running ten years, but subject to call after five years, the last of which were paid according to the terms of the bonds, leaving the county free from debt at the close of 1893, since which time no county indebted- ness has been created.
The following table presents an exhibit of the town- ship, city and school district indebtedness on the first day of July, 1900:
Due
Rate per el.
Albion township C. K. & N railroad ... .. $11000
July 1, 1921
Belleville twp Juct'n City & F. K. R. R. 8000
June 1, 1904
Belleville township refunding
9000
July 1, 1915
Courtland township refunding
11000
Jan. 1, 1920
5
Elk Creek township refunding
7000
July 1, 1914
5
Richland township refunding.
14000
July 1, 1926 July 1, 1920
5
Freedom township J. C. & F. K. R. R.
6000
June 1, 1904
7
Belleville city refunding.
12000
Jan. 1, 1920
5
Belleville city water works
500
July 1. 1900
7
Belleville city water works
500
July 1, 1901
Scandia city prospecting for coal
1500
Apl. 1, 1904
6
School District No. 14.
11000
School District No. 38
200.
School District No. 46.
600.
School District No. 45
200.
School District No. 87.
500
School District No. 113
200.
School District No. 118
350.
School District No. 121
400.
School District No. 53
250.
5
Scandia township refunding
23000
This indebtedness may safely be set down as trifling when we take into consideration the facts that the county has 140 miles of railroad, fine county buildings and school houses, all the county bridges necessary and all comparatively new and in good repair.
CHAPTER XII.
DISTRICT COURT TWELFTH JUDICIAL DISTRICT.
It is now more than thirty years since first the time- honored words of "Hear ye, hear ye, the Honorable Dis- trict Court of Republic county is now in session" rever-
105
History of Republic County.
berated on the air of the bleak prairies where the beautiful city of Belleville now stands. During all this time the Twelfth Judicial District has maintained a rank second to none other in the state of Kansas. In its history we can- not find a single incident where any of its officers have ever by their official acts brought dishonor on its fair name. Its sessions in this county first began in a shanty and its first officers were pioneers on the frontier of a civilization dwelling, where but recently the savage in pred- atory bands went hither and thither, bedecked in paint and feathers, following theinstincts of their savage natures and a menace to the peaceful and law-abiding pursuits of the Anglo-Saxon race.
On Tuesday, May 7th, 1901, Sheriff Brown, as the bailiff of the court, shouted "Hear ye, hear ye!" from the window of one of the best court houses in the state-all paid for. His eyes looked out on one of the fairest land- scapes that would meet the eye of man in any country or any clime. Instead of the scene that greeted the first crier of this same court-the bleak prairie, the cottonwood shanty, or the lowly sod house-he saw the handiwork of man wrought out in stone and brick and metal. Here are modern houses in the town and on the farm where dwell the highest type of American civilization, itself the best on earth. Here, since the first crier called out his doleful, monotonous cry, has been wrought a change that could not have possibly been foreshadowed by the most romantic and sanguinary dreamer of those who attended court at its first session in this county.
The Twelfth Judicial District of the State of Kansas was created by an act of the legislature approved Febru- ary 28th, 1871, and originally comprised the counties of Marshall, Washington, Republic, Jewell, Mitchell, Cloud, Clay, Smith and Osborne.
This territory has been cut down from time to time until at present it embraces three counties only, namely, Washington, Republic and Cloud. On the 19th day of
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History of Republic County.
March, 1871, Hon. A. S. Wilson was appointed judge of the new district by Gov. James M. Harvey. Judge Wil- son was born in Macon county, Illinois, in 1847, and grew up to manhood in that state. After graduating from the Illinois State Wesleyan University at Bloomington, he studied law with Stuart, Phelps & Brown, and at the age of twenty-two was admitted to practice before the Su- preme Court of the state of Illinois. Near the close of 1869 he came to Kansas and located at Washington, the county seat of Washington county, where he resided for nearly twenty years. At the election in November, 1870, he was elected to represent Washington county in the state legis- lature, being the youngest member of that body. As be- fore stated, he was appointed judge March 19, 1871, and served by appointment until the general election in 1872, when he was elected without opposition, receiving 9,014 votes out of 9,017 cast; was re-elected in 1876 and again in 1880. In October, 1884, he resigned and returned to the practice of law.
Judge Wilson was a giant physically, intellectually and judicially; a man who had a host of warm friends and a very few bitter enemies, and won for himself a state- wide reputation as a jurist. Probably a less number of his decisions have been reversed than those of any other district judge serving an equal length of time in Kansas. He moved from Kansas to Sioux City, Iowa, where for many years he had a large and lucrative practice. On the 27th of October, 1884, Governor Glick appointed Hon. J. G. Lowe, of Washington, as judge, to fill the vacancy caused by the resignation of Judge Wilson. Judge Lowe served ten days, when he resigned, as he could ill afford to relinquish his extensive practice to serve so short a time as judge. After his resignation the governor ap- pointed A. A. Carnahan, of Concordia, who served as judge until Judge Edward Hutchinson, who had been elected in November, 1884, entered upon his regular term, and held courtin Cloud, Marshall, Washington and Republic
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History of Republic County.
counties; the term for Republic county being held in Jan- uary, 1885, when the celebrated case of The State of Kan- sas vs. Sanford Sparks Voorhees was tried. The state was represented by T. M. Noble. county attorney, and Ex-At- torney General, W. W. Guthrie, was vigorously prosecuted: the late A. E. Taylor being counsel for the prisoner.
Voorhees, as some of our readers will doubtless re- member, was charged with wrecking a passenger train on the B. & M. R. R. in Rose Creek township, near Hub- bell, by which several persons were badly injured, and after a trial lasting six days at an expense to the county of more than $50 per day, he was convicted and Judge Car- nahan, in giving him his sentence, said: "You are a young man and this may be your first offense, and in considera- tion of your youth and apparent inexperience, I shall be very lenient with you and shall sentence you to only fifty years at hard labor in the state penitentiary."
Voorhees received the sentence very graciously and thanked the court for leniency. The verdict and sentence however, were not heartily approved by the public, as there was a strong presumption in the minds of the peo ple, which still exists, that Voorhees was nearly one hun- dred miles away when the wreck occurred. After serving eight years at hard labor he was pardoned in March, 1893, by Governor Lewelling.
It is but fair to say, however, that Judge Carnahan presided with dignity and ability and maintained the high rank the court had attained during the incumbency of Judge Wilson. At the election in November, 1884, Edward Hutchinson, of Marysville, was elected Judge and served four years, an able, conscientious and impartial Judge, presiding with dignity and to the general satisfaction of litigants and members of the bar.
In November, 1888, Hon. F. W. Sturgis was elected, re-elected in 1892 and again in 1896, serving three full terms with distinguished ability.
Prior to his election as judge he was county attorney
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History of Republic County.
of Cloud county and represented that county in the legis- lature of 1883, taking an active and leading part in the leg- islation of that session.
In November, 1900, Hugh Alexander, of Concordia, was elected, carrying every county in the district by de- cisive majorities.
The first term of the district court for Republic county was held at Belleville March 27, 1871, in a little, low room over the drug store of Dr. J. C. Griffith, on the site where the Masonic Temple now stands.
There were five cases docketed, none of which came to trial at that term. As stated elsewhere, L. R. Dobyns, of Rose Creek township, had been elected clerk of the court in the fall of 1870, which being prior to the forma- tion of the district, his election was declared void, but he was appointed by the judge and discharged the duties of clerk at the first term of court. The remainder of his term was filled by deputies, I. O. Savage serving until June, 1872, and Chauncey Perry filling out the remainder of the term.
The first business transacted at this term was the ad- mission of A. F. Heely to practice in the courts of this state, he having presented a certificate of admission in the state of Missouri. Mr. Heely was elected county attorney in November, 1870. N. H. Billings, of Billings county, Kansas, who, after undergoing a very rigid and severe ex- amination by the following committee appointed by the court, viz., A. A. Carnahan, A. F. Heely, and N. T. Van- Natta, was duly admitted to practice in the courts of the Twelfth Judicial District. Mr. Billings was an attorney of fair attainments, good legal mind, and afterwards rep- resented Billings county (now Norton) in the state legis- lature. He was a pioneer in the homestead country, taking up his residence in Norton county in 1872, and was one of the first to discover the fine location of Jewell City and to aid in its selection as a county seat.
The records of the court at this time were kept on
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History of Republic County.
legal cap paper, and the office furniture consisted of two stools, one spittoon and a cracker-box. At this term the Judge ordered the clerk to procure, for the use of the court, the following books to wit: an appearance docket, a trial docket, a journal, an execution docket, and a recog- nizance docket, and a seal; after which court adjourned until September, when several important cases were tried, and the following named attorneys admitted to practice: Hon. W. H. Pilkenton, Geo. B. Austin, Aaron E. Taylor and H. G. Dow.
This second term was held in a small building then standing on the north side of the public square on the present site of Young's barber shop. The building is now owned and occupied by Joshua Harlan as a residence.
The following persons served as jurors for this term, being the first jury empaneled in the district court in this county : A. O. Kindy, John L. Daniels, A. J. Hill, James H. Bradd, L. C. Hanson, John R. Bowersox, Ezra Powell, J. P. Williams, John Engle, E. E. Monroe, J. A. Mosher and John Harris.
The first grand jury summoned in Republic county was drawn September 23d. 1887, and consisted of the fol- lowing persons: James Kackley, Beaver; William Law- rence, Beaver; W. A. Brock, Belleville; A. R. Park, Belle- ville; S. T. Rider, Belleville; Wesley Klabzuba, Fairview; Anton Blocklinger, Fairview; W. A. Clark, Courtland; John Mattison, Farmington; C. R. Cleveland, Elk Creek; S. M. Stewart, Lincoln; J. B. Rickard, Rose Creek; Clark Emery, Richland; Silas Young, Elk Creek.
The first trial for homicide in the county was at the spring term of 1872. The State of Kansas vs. Stephen Gidley, for the killing of John Walsh, on Salt Creek, near the residence of J. E. VanNatta, in January, 1872. A. F. Heeley, J. D. Brumbaugh and W. H. Pilkenton appearing for the state, and Borton & Linville for the defendant. This case attracted the attention of the entire community,
110
History of Republic County.
and was ably handled, especially by Judge Linville, who succeeded in getting a verdict of not guilty.
J. A. Linville was one of the most successful attor- neys that ever stood before a jury in Republic county, and after saving several clients from the penitentiary, was not, with all his tact and legal ability, able to save himself; he having served two terms since he left Republic county -one in Indiana and one in Kansas.
The business of the court, we presume, was conduct- ed in those early days very much the same as at present with an occasional case which "drew," among which we may name the case of Lemuel Sears vs. Lucinda Pitman and Dr. Hoxie. This case was first tried before Henry Ebbling, a justice of the peace, of Teutonic descent, in Union township, and in whose court the proceedings could not always be characterized as monotonous. This case, owing to its importance, the prominence of the parties to the suit, and the interest manifested by the denizens of the great valley of Dry Creek, was moved to Belleville, where a law library and supreme court decisions were of easy access, the large and commodious court room in the new court house secured, and ample facilities afforded the newspaper reporters to report the proceedings from day to day. The counsel for Sears was the late Judge L. W. Borton, at that time a central figure in important trials in the courts of the twelfth district, assisted by A. F. Heely and John Wilson, Jr., and one John Hughes, then running a saloon on the present site of The National Bank of Belleville. The last named party being quite an import- ant factor in the trial of the case, his resort being very popular with the court, the counsel, the jury and a ma- jority of the witnesses.
The defense was represented by N. T. VanNatta, who, against such fearful odds, battled bravely for his fair cli. ent, Lucinda, and the distinguished, long-haired, wild and woolly, doughty doctor. Objections as to the admissibil- ity of testimony were frequently made on both sides, by
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History of Republic County.
the learned counsel, on the grounds that the questions were unimportant, impertinent, incompetent, irrelevant, insignificant, improper, immaterial and incoherent, and several other objections which I do not now distinctly re- member, and were argued at great length by the learned counsel, in very much the same manner as at the present time, whenever the court will allow them to do so.
When thecourt was asked how he would rule, he invar- iably decided, "That the witness must tell the truth." This decision was not popular with the attorneys on either side, but was the only one that could be obtained in Jus- tice Ebbling's court during the entire trial and for which he received the commendation of all disinterested parties.
If this rule could beenforced at the present time the ends of justice would be better subserved than they are. This suit, although originally brought by Sears for the recovery of possession of a team of horses held jointly by the fair but frail Lucinda and the irrepressible doctor, which they claimed to have received from Sears for kindness shown him by Lucinda and services rendered by the doctor. By some legerdemain on the part of the plantiff's counsel the paternity of a certain male child born to the fair but frail defendant, Lucinda, some time prior to the commence- ment of this suit, was called in question, and was by the court admitted as a part of the case. For the purpose of the plaintiff it was necessary to show that said child was of premature birth. Defendant Hoxie, who at this stage of the proceedings was in that maudlin condition begotten by too liberal doses of homiletic elaborator imbibed at the resort kept by John Hughes before mentioned, was called as an expert, and was asked if he attended the fair Lu- cinda at the birth of said child, to which he replied in the affirmative. When asked as to the appearance of said child, said "its hair was short and hic-thin." "Well, doc- tor, what would that appearance seem to indicate?" "It would seem to indi-hic-ate that its-hic-hair was short and- hic-thin."
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History of Republic County.
This seemed to settle this part of the case, as the court, jury and all the attorneys seemed to be satisfied with this lucid and highly scientific explanation. The counsel for the defense had prepared instructions which he requested the court to submit to the jury as the law in the case. This was vigorously opposed by Judge Borton, counsel for the plaintiff, on the grounds that it was un- necessary, highly improper, and an insult to such an intel- ligent jury as to even propose to instruct them. Picking up from the table a copy of the first bi-ennial report of the State Board of Agriculture. he continued, "I hold in my hand, your honor, a book which is everywhere recognized as authority, and upon my honor as a man, and attorney- at-law, and with no desire to mislead the court, I defy any man to find one single sentence in that book in regard to instructing a jury. How does the court rule? I rule the instructions out, by golly." It is hardly necessary to state that the jury found for the plaintiff, but was after- wards reversed in the district court before Judge Wilson.
Of the early practitioners, Brumbaugh, Borton, Mc- Hutcheon, Tibbetts, Wilder, Pilkenton and Taylor are dead; Heely, Humes, Austin, Dow and A. D. Wilson have moved away and have been lost sight of, while others have been heard from only occasionally. Great changes have been wrought in thirty years.
Of all the attorneys who practiced before this court in the early 70's, only one remains in active continuous ser- vice; namely, Hon. N. T. VanNatta, who was admitted to practice in the courts of Kansas some time prior to the formation of the twelfth district, and who has been coun- sel in more cases in this county than any other attorney who has practiced here.
Since the organization of the county, Judge Lynch has held but one session here, which was in the case of Fitz Myers, who stole a team, harness and wagon from Dock Hancock, of Union Valley, was pursued and cap- tured with the stolen property, near Blue Springs, Ne-
HON. N. T. VANNATTA.
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History of Republic County.
braska. by William Stanley, brought back to Belleville, lodged in jail and one quiet Sabbath morning when Dep- uty Sheriff Latham went to the jail with the prisoner's breakfast, he found the door battered down and the pris- oner gone. Search was immediately commenced, and at the suggestion of Governor Doty, I believe, the searching party were headed for Riley Creek, directly west of town, where sure enough they found poor Fitz dangling from a butcher's derrick at the end of a rope. At this time the A. H. T. Association was well organized and ready to do business whenever its services were required.
One of the most noted characters, one most widely known, perhaps, connected with the history of this court, was the late Judge L. W. Borton. From what has been said incidentally in another part of this chapter the read- er might get a wrong impression of Judge Borton's ability. So in this connection we have here a brief sketch of his history:
Lewis W. Borton was born September 1st, 1831, in Guernsey county, Ohio, at which place he received his education, principally in the common schools; studied law and at the age of twenty years was admitted to the bar at Cambridge, the county seat of his native county, and was admitted to practice in the Supreme Court of the United States in 1885 He came to Kansas in '69 and set- tled at Clyde, Cloud county. In politics he was democratic, being the candidate of that party for secretary of state in 1878. In 1882 he was elected to represent district No. 81, the same being the east half of Cloud county, in the state legislature, in which he served with distinguished ability. He died at his home in Clyde several years ago. To this we wish to add that Judge Borton's natural ability was far above the average, and no one who knew him, and who, himself, had a discriminative faculty above mediocrity, would fail to appreciate his wide range of information and his remarkable genius for "catching on" to the peculiari- ties of human nature. He was, without doubt, the most
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History of Republic County.
inveterate story teller-and most skillful in the state.
In the case of the State of Kansas vs. Jim Little, Judge Borton was counsel for the defendant. Little had been prosecuted for disposing of mortgaged property. At that time a chattel mortgage was considered pretty good security, but the rate of interest was very high, running all the way from two to five per cent a month, according to the necessities of the borrower.
In this case Judge Wilson held that before the jury could find a verdict in a case wherein a person is charged with disposing of mortgaged property on which he has given a chattel mortgage, a fraudulent intent must be shown. Having secured the acquittal of his client under the ruling above noted. Judge Borton immediately, and while court was in session, wrote and handed to Judge Wilson the following verses:
"A chattel mortgage in the west. Is like a cancer on your breast; It slowly eats your life away And saps your vitals day by day,
A cloud by day and fire by night It stands before a poor man's sight. And haunts him in his dreams and sleep, While salt tears trickle down his cheek.
A Sorghum Lapper, tired and poor, Sees B A N K in gold above the door, And when the threshold once is crossed The trap is sprung and all is lost.
His team, his grain, his cow and hog, His bed and breeches, wife and dog, On the altar of three per cent, are tossed, Time rolls along and all is lost.
But now Judge Wilson comes and brings Good tidings on his healing wings, And says the man can't be rent Unless Old Shylock proves intent."
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History of Republic County.
CHAPTER XII.
ELECTIONS AND ELECTION RETURNS.
ELECTION 1868.
Representative Ninetieth District.
R. P. West, Ind. Rep. 37
Capt. I. M. Schooley, Rep. 28
State Senator Seventh Distriet.
A. A. Carnahan, of Cloud county 58
County Clerk John McFarlane
58
County Treasurer James G. Tuthill, Rep. 60
Sheriff R. H. Vining, Rep. 61
County Supt. B. F. Sayler, Rep 59
Reg. of Deeds John McFarlane. 58
Probate Judge Daniel Myers, Rep 64
County Commissioners.
W. W. Newlon, Rep 64
Z. P. Rowe, Rep. 59
Conrad Myers, Rep. 63
County Surveyor William Hardaker, Rep. 62
1869.
Probate Judge.
Daniel Myers, Rep. 38
James VanNatta, Rep 33
Noah Kunkle, Rep. 12
Francis MeNulty 1
Supt. Publie Instruction.
Charles Hogan, Rep 48
B. F. Sayler. . 21
Coroner R. T. Harper, Rep. 1
Sheriff.
W. H. Willoughby, Rep 90
J. H. Smock, Rep. 33
Surveyor.
E. P. Hedenskogg, Rep 59
N. O. Wilkie, Rep 69
Representative.
R. P. West, Rep ... 68
John Manning, Rep. 55
County Clerk.
P. P. Way, Rep 71
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History of Republic County.
John McFarlane, Rep. 59
1869.
Commissioners.
A. Asbjornson, Rep. 44
Z. P. Rowe, Rep 94
J. H. Frint, Rep. . 75
G. W. Johnson, Rep. 73
G. Willoughby, Rep. 55
Treasurer.
Geo. J. Trowbridge, Rep 64
John Swan, Rep 62
Register of Deeds.
P. P. Way, Rep. 64
John MeFarlane, Rep. 62
County Seat.
Belleville 59
New Scandinavia .. 42
Seł 17-4-1 4
Salt Marsh 1
1870.
State Senator Seventh District.
A. G. Barrett, Rep
87
Philip Rockefeller, Rep. 223
Representative Ninetieth District.
G. W. Johnson, Rep 112
N. T. VanNatta, Rep. 211
Probate Judge.
J. C. Griffith, Rep 182
I. N. Page, Rep 136
Clerk District Court.
L. R. Dobyns, Rep 195
G. B. Austin, Rep 72
A. B. Tutton, Rep.
V. Vantrump, Rep. 1
F. T. Powell, Rep. 2
County Attorney.
A. F. Heely, Rep 217
A. D. Wilson. Rep. 27
- Corey 3
County Superintendent.
Charles Wilson, Rep 114
W. Lancaster, Rep. 214
For the Herd Law. 164
Against. 28
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History of Republic County.
ELECTION, NOVEMBER, 1871.
REPRESENTATIVE 81ST DISTRICT.
A. D. Wilson, Rep 275
R P. West, Ind. Rep. 163
P. McHutcheon, Ind. Rep 154
D. C. Gamble, Ind Rep.
Sam Austin
COUNTY CLERK.
S. W. Skeels, Rep
663
Sam Austin I
P. P. Way 1
Andrew Engle
1
Sehenck
E
SURVEYOR.
J. G. Arbuthnot, Rep .. .
630
J. S. Martin, Ind. Rep
33
August Weld
2
COMMISSIONER SECOND DISTRICT.
J. H. Frint
113
S. R Morlan.
85
A. B. Young
67
S. A. McKay
61
TREASURER.
I. O. Savage, Rep ...
316
G. J. Trowbridge Ind. Rep
323
SHERIFF.
W. W. Newlon. Ind. Rep
353
W. S. Latham, Rep.
313
Joseph Merica
5
REGISTER OF DEEDS.
Eli O. Kindy, Rep.
381
Volney Vantrump Ind Rep
273
CORONER.
W. F. Compton, Rep
574
Dr. C. Taylor, Ind Rep
48
Ben Lake, Ind Rep
COMMISSIONER FIRST DISTRICT.
J. P. Williams, Rep .
99
J. M. Smith
5
Z. P. Rowe
1
COMMISSIONER THIRD DISTRICT.
L. C. Hanson
113
G. W. Beebe
109
RAILROAD ASSESSOR.
H. C. Sprengle.
596
D. E. Ballard
36
ELECTION, NOVEMBER, 1872.
STATE SENATOR 28TH DISTRICT,
Elden Barker, of Jewell county.
1079
PROBATE JUDGE.
Joseph Boothe, Rep.
1075
J. M. Rockhold, Ind. Rep
14
Sam Austin
1
CLERK DISTRICT COURT.
Chauncey Perry, Rep.
1129
COUNTY SUPERINTENDENT.
A. D. Marble
1108
E. T. Neel
23
REPRESENTATIVE SIST DISTRICT.
Almond Shaw, Rep
724
R. P. West, Ind. Rep
412
S. B. Lum.
6
COUNTY ATTORNEY.
A. F. Heely, Rep
1060
W. H. Pilkenton, Ind. Rep.
29
Sam Austin
1
JUDGE 12TH JUDICIAL DISTRICT.
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