USA > Kansas > Lincoln County > A souvenir history of Lincoln County, Kansas > Part 4
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Several parties, including all of the guards, were arrested, but none were brought to trial except Ira Buzick. He was ac-
47
History of Lincoln County
quitted. This trial cost the county $10,000, and, of course, peo- pie grumbled and blamed the officers for not keeping such dis- turbances down.
Hubbard's body was taken to Salina for burial. Those who escorted the body were well armed, but then, nobody was con- sidered dressed in those days unless he was sufficiently armed to take care of himself. Thomas Bennett bought the mill. This is the way it looked in process of building.
Mob violence was used as an argument for changing the lo- cation of the county seat. On February 19, 1872, an election was held at which 408 votes were cast. Lincoln Center received 232 and Abram 176.
The triumphant Lincolnites then loaded Abram on wheels and brought it along with the county's archives to Lincoln. All the buildings were moved. Abram was not allowed to die a natural death, but was given the distinguishing honor of being translated while yet in the body.
A building was erected for a newspaper by a deaf and dumb man, but only two issues of the paper came out.
This building, which was 10x22 feet, was later moved to Lin- coln, and became the residence of Mr. and Mrs. Anna C. Wait. Mrs. Wait taught Lincoln's first school in it, and it is now used for a shoeshop.
BUILDING THE COURT HOUSE.
In 1873 the county headquarters was in the upstairs of the Webster building. The rent on this upper room was $300 per year.
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History of Lincoln County
April 1st of this year bonds to the amount of $4,000 were voted for building a court house. There was much opposition to these bonds, and after the blanks for the bonds had been ordered, County Clerk A. S. Potter was warned that an in- junction would be served on him to prevent his signing them. Accordingly the blanks were taken from the express office at Salina by another man so that County Attorney Beatty would not know they had come. They were privately handed to Mr. Potter, who, with John S. Strange, retired after night to the lonely habitation of Tom Malone, northwest of Lincoln, where they cach signed their names one hundred and seventy-six times to bonds and coupons. The bonds were not sold for face value, but the balance of three hundred dollars was made up by private subscription. The court house, which was built at that time, was burned in 1898. The present fine building shown in the picture was then buth, and dedicated in 1900.
N
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History of Lincoln County
THE GRASSHOPPERS.
This brings us down to a famous period in the annals of Kansas-1874-"grasshopper year." In the diary of E. E. John- son is an account of the grasshoppers in August, 1868. They came from the north, commenced at the edge of his corn field and cleaned it as they went. But in 1874 they made their big raid through Kansas and did not slight Lincoln County. It made times extremely hard everywhere, especially for the new settlers who had nothing but their crops.
The Government sent out some blankets and army overcoats and for many years afterward the grasshopper sufferer could be picked out of a crowd by his coat. Relief was also sent out by private parties in the East. Many people were left abso- lutely destitute and the township trustees spent the winter dis- ributing supplies. Not a green leaf was left. Everyhing was eaten up but castor beans. The grasshoppers drew the line here as does the small boy.
THE LYDEN MURDER.
The next year a very mysterious murder occurred. A well educated and cultured Irishman, John Lyden by name, who had been one of the armed guards placed over Ezra Hubbard, was the victim of foul play, the full secret of which will probably never be unearthed. The facts so far as they developed at the time are as follows: John Lyden, a wealthy stock owner of the Elkhorn was shot as he sat at breakfast one morning, by an unknown party, the shot being fired from under the table. The body was hid under the bed all day and at night taken in a wagon to the vacated home of Dr. Seiber, who had built one of the finest houses in the county and later left it. Here the body was thrown into the well, the house was burned down and some of he charred timbers thrown into the well. The body remained in the well about a month before it was discov- ered. in the meantime a young man by the name of Millard Eaton who was working for Lyden at the time rounded up his cattle, drove them to Ellsworth and shipped them to John Lyden , at Kansas City. Eaton went to Kansas City and re- turned by way of Salina, leaving $1,000 in a box with a certain doctor there. He went out home and had a big party and seemed to have plenty of money to spend. By this time people began to wonder what had become of Lyden. Eaton then came to Lincoln Center on Sunday.
A certain already notoriously bad character attracted sus- picion to himself by driving trom Salina to Lincoln in two and
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History of Lincoln County
a half hours, and taking Millard Eaton away with him, after which Eaton was seen no more in Lincoln, but rumor had it that he was seen in Kentucky by the Lincoln County sheriff who went there ostensibly to bring him back, which he did not do. All sorts of surmises and rumors were current but the incident was closed without any one being bright to trial.
After Eaton disappeared a searching party comprised of F. A. Schermerhorn, Tone Bishop, Wells, and Grubo found the body in the well. Mr. Bishop climbed into the well and saw blood on the side of it. The body was under water. Some of the citizens employed a private attorney to look into the matter. Several parties were suspected of being implicated. It was not supposed that Eaton did the shooting himself but seems probable that he was there when it was done.
GROWTH AND DEVELOPMENT.
It is a relief to turn from the above tragic facts to something more agreeable. Lincoln County was enjoying continual growth and prosperity. In 1873 there were five hundred families or about 2,500 people. Stone buildings, bridges, mills, and other improvements were being built. A fine new school house the best this side of Junction City was put up in 1872.
The next year the Roes Mill was built. It is still one of the most beautiful spots around Lincoln Center.
It was built by Elias Rees and after his death was operated by his son, L. J. Roes, who is the present owner. At present Mr. T. F. Braun and Mr. Howard Rees operate it.
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History of Lincoln County
In this same year a six foot vein of coal was found a milc from Lincoln Center. There were also coal mines in the Elk- horn and Spillman, the vein being 316 fect thick. A vein 3 feet thick was discovered underlying the whole Danish settle- ment. Twenty-five men were employed in the Spillman mines and more were being put in as fast as room could be made. This coat was worth $3.50 to $3.75 per ton at the mines. Lincoln had great prospects for a mining country. For further discus- sion read the article on "Geology" in another part of the book.
PRAIRIE FIRES.
Lincoln County has had prairie fires, cyclones, and floods which brought more or less disaster with each visitation.
The first big fire on record was in 1871. The fire originated on the railroad track near Fort Harker, and came into Lincoln County from the south. It burned up ranges and destroyed many thousand head of cattle. No lives were lost| The most disastrous fire was in March, 1879, when the northwestern townships were burned over. Three deaths occurred about a mile north of where Prairie Grove Church now stands. The victims were Robt. Montgomery and his fourteen-year-old son, Robert, and Isaac Pfaff. These men were caught out on the prairie and overtaken by the fiames. The Montgomery home was also destroyed.
RAILROAD HISTORY.
The population in 1880 was 8,572. The work of organizing townships which had been in progress since 1875 was finished about this time and the county was redistricted as follows:
First District, Indiana, Valley, Franklin, Colorado, and Mad- ison; Second District, Marion, Beaver, Salt Creek, Logan, Scott, and Battle Creek; Third District, Orange, Cedron, Grant, Pleas- ant, Highland, and Golden Belt.
It was about this time that railroad agitation began. The Topeka, Salina and Great Western organized in 1880, and se- cured a right of way in Lincoln County in 1881, without oppo- sition. Then the Kansas Central put up a good talk and wanted $60,000 for a narrow guage. Later the Kansas Central was ab- sorbed into the Union Pacific.
The Union Pacific had surveyed a Saline Valley route in 1866, when Junction City was the terminus of the Kansas Pa- cific, but when the Union Pacific became a candidate for Gov- ernment subsidies its projects naturally took the route along
History of Lincoln County
the Smoky Hill, which was the old "Pikes Peak" trial and along which were the military posts of Fort Harker, Fort Hays, and Fort Wallace. Not until compelled to do so for fear of other roads did the Union Pacific build the Saline Valley branch. In spite of five years of daily expectance of a railroad, in 1885 the people of Lincoln County were still hauling their grains to Salina and Ellsworth and hauling back their goods in wag- ons. In October of that year aid was voted by the county and in 1886 a branch of the Union Pacific, called the Salina, Lin- coln and Western reached Lincoln Center. The road is now called Salina and Oakley.
The Cleary Case
In the morning of January 3, 1888, the community was thrown into great excitement over the killing of Jesse Turner by a neighbor Pat Cleary. The two men had quarreled over a drink- ing place where both wished to water stock, and as Turner was driving his stock to water Cleary shot him. He then came to town, gave himself up and claimed he did it in self defense. Coroner De Armond summoned a jury and repaired with the sheriff to the scene of the shooting. The facts as they appeared to this jury did not support Cleary's plea of self defense. He was tried, found guilty of murder in the second degree, and sentenced to twenty years' imprisonment. After serving a few months of this term a new trial was granted by the supreme court. Accordingly Pat was brought back to Lincoln. A jury was impaneled and the trial begun May 16, 1889. The State made out even a better case than it had before but from some words which were let drop from time to time, the public was not sure that Cleary would be convicted. The jury was sent .out Wednesday, May 30. They were able to come to no agree- ment and by Friday the citizens began to think that some one or two men were persistently voting for acquittal. Saturday night the jury was sent out until the judge should ask for their report. The people had now become convinced that the jury was "spiked." Sunday night there were open threats of lynch- ing, and an extra guard was placed over the jury room. Mon- day morning the jury was still unable to agree and they were discharged.
Cleary might have gone free now for anything the State
History of Lincoln County
could have done for a change of venue can not be taken in criminal cases, and another lawful jury could not have been secured in the county.
But as soon as the jury was discharged the prisoner through his attorney, tra C. Buzick, entered a plea of manslaughter in the third degree and was sentenced by the judge to three years imprisonment, which is the maximum punishment for that de- gree of crime.
As soon as it became known that one man had persistently voted for acquittal the wrath of the citizens burned higher and higher. J. P. Harmon, who voted for acquittal, was intercepted by an unorganized mob on the street, who demanded to know why he hung the jury. He placed himself under the protection of the sheriff and was taken to the court house for safety. All day long hundreds of men from all over Ellsworth and Lincoln Counties, who knew Cleary and believed the ends of justice had been defeated and the law made a travesty, poured into Lin- coln. It is believed that Cleary had attempted to kill John Lyden and that he killed his brother-in-law, Cornelius Deits. Other stories of his vengeful and bloodthirsty nature were afloat. The jurors and those who had testified against him in the two trials were especially alarmed lest when he would final- ly be released he would get his revenge.
The mob filled the court house square and demanded that J. P. Harmon show himself and be catechised. He came to the window and gave his reasons but his answer failed to satisfy the crowd.
There was nothing to do now but wait for night. It was said that a guard was stationed every fifty feet in Lincoln to pre- vent any possible escape of the prisoner. Toward night the excitement was so tense as to be felt in the atmosphere. Com- paratively few people were seen on the streets at dark and shortly afterward Harmon escaped by the back of the court house. Sheriff Boyle placed guards over the prisoner and about nine o'clock went home leaving the door unlocked. Soon after the sheriff was gone Cleary took a hatchet from the stove and made a desperate attempt to escape. Several shots rang out as he ran across the court house yard. He was captured in the wire fence at the northwest corner of the square. One shot had taken effect in his left side. In course of the short trial given him before his execution he is said to have confessed to killing three men and trying to kill two more but said it was in self defense. He was taken down to the Fourth Street bridge. A new rope provided for the occasion was tied around his neck
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History of Lincoln County
and he was dropped off the bridge and fell fifteen and a half feet.
There were some three or four hundred men in the crowd and it was the verdict of ninety-five per cent of the people that it was the only thing to do under the circumstances. It looks like a brutal thing to drag a fatally wounded man to the bridge and hang him, but once into the business the lynchers could not afford to quit till the job was finished.
The sequel to the Cleary case was a libel suit for $10,000 damages brought against Anna (. and W. S. Wait, proprietors of the Beacon, by Jeary Moler, of Salina, one of Cleary's at- torneys. This gentleman came noar being lynched with his client, and he was warned never to come to Lincoln County again. The Beacon had remarked concerning Moler's conduct of the Cleary case that he was an all round villain. Mr. Wait charged him with "fixing" the jury. A short time afterward, on complaint of Moler, Wait was secretly arrested and conveyed to Salina at once. It was feared that if the news of his arrest became public it would be impossible to take Mr. Wait from Lincoln as the people would demand that he be tried in his own county.
On learning of the arrest the people were very indignant. When the train came in that evening Mr. Wait was met by hundreds of citizens in buggies, in wagons, and afoot. Business was suspended for the time being. A subscription had been already started to pay the costs of the trial. Mr. Wait was taken to the center of the town and asked to make a speech telling the public all about the day's experience in Salina. The trial had been set for October.
The Republican of Sunday, October 27, 1889, contains an ac- count of the trial in which it is spoken of as the most noted trial ever held in Saline County. The affair stirred up Lincoln to the depths as nothing had for years and the people stood by Mr. Wait, regardless of party or personal affairs.
The case was widely commented on by the press over the State and in other States, these comments all favoring the de- fense. Had be been tried at home he would have undoubtedly been acquitted in the first trial. But Saline County was divided. The jurors were aff farmers and at the end of seventeen hours they stood equally divided. On being told that they absolutely must agree they returned a verdiet of guilty with a recom- mendation of nominal punishment. Mr. Moler made a speech recommending light punishment and Mr. Wait was fined $10, and court costs amounting to $600. An appeal was taken and granted.
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History of Lincoln County
The supreme court reversed the decision of the lower court and Mr. Wait was acquitted. The General Statutes of Kansas for 1897 contained the following decision concerning this case.
"A part of an alleged libelons article was that the person alleged to be libeled who was an attorney-at-law assisting in the defense in a criminal prosecution for murder, had at the time no possible hope of being able to clear his client with a fair jury but his only hope lay in a packed jury and that his man- Der of conducting the trial showed that he relied upon hanging the jury by a 'fixed man,' or in other word by a bribed juror and after evidence has been introduced tending to prove these matters the defendant has the right to show that one of the jurors was 'fixed' or bribed; that he did in fact hang the jury ; and the defendant has a right to show the conduct of said juror in the jury room, while the jury was deliberating on their ver- dict, and what said juror then and there did, and what he omit- ted to say and do, how he voted and how the other members of the jury voted." (State vs. Wait, 44 K. 310. )
in beginning this work it was not the intention to lay stress on the erminal history of Lincoln County, but since three mur- ders have already been extensively written up it seems best since one man's life is as important as another's to at least mention the other murders.
In 1882 a farmer by the name of Wheeler was shot from the back of his, wagon as he was driving home from town one night. A stranger was arrested for the murder but later broke jail and escaped.
Wesley Faulk, a single man, was killed at night by unknown parties. No arrests were made.
Mike Haley, brother to the Haley killed by Ezra Hubbard, killed his nephew, a young man by the name of Barrett. He was tried and acquitted on the grounds of self-defense. The killing was done in Haley's house.
"Jack" Peate says that if you are going to point out the places in Lincoln County where people have been killed that it will be a long job, as violent deaths have occurred on nearly every acre of it.
So I think we will stop here and discuss something else.
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History of Lincoln County
On the Roll of Honor
The following men represented Lincoln County in the State Legislature in the years indicated:
1872, F. A. Schemerhorn; 1873, Geo. Green; 1874, Vollany Ball; 1875, Jas. B. Goff; 1876, E. S. Pierce; 1877, Reuben Wil- liams; 1879, W. S. Wait; 1883 to 1886, R. F. Bryant; 1887, also 1889, J. D. Miller; 1891 and 1893, A. N. Whittington; 1895 and 1897, J. J. Lambert; 1899, Arthur J. Stanley; 1901, F. G. Dun- ham; 1903, J. D. Miller on resignation of D. E. Books; 1905 to present time, E. T. Skinner.
Ira C. Buzick was the first Representative, also State Senator in 1881. Geo. W. Anderson was also a representative from Lin- coln County. In 1895 A. P. Gilpin was Journal Clerk at the State House. He held this office two terms. William Baker, of Lincon, was a Congressman and repreesuted the Sixth District in Washington, D. C.
HON. E. T. SKINNER,
Representative from Lincoln County,
Who secured an appro- priation for the Beech- er's Island monument. Ile belongs to one of the oldest and best families in the county, his people having mov- ed here in 1866. Ilis mother was the first school teacher in Lin- coln County and his un- cle, D. C. Skinner, was one of the Forsyth scout's.
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History of Lincoln County
A. J. STANLEY,
County Superintendent of Schools,
The man who made Lincoln County famous. Born and raised here. Went to the Legisla- ture and helped make laws while still in knee pants.
As County Superin- tendent of Schools he introduced the study of agriculture. Helped re- vise the school laws. The fact that he once lived at Colbert could not keep a good man down.
ARTHUR ARTMAN,
Probate Judge.
His title should be "The Marrying Judge," or "The Lightning Knot-Tier." lle was born and raised in New York State at Hunter. Came Kansas in 1879. Taught school for a number of years. Elected to his present office in 1902. He has married a great many people and everybody that he married voted for him, so he will probably be there as long as he wants to stay.
History of Lincoln County
GEO. E. HUTCHISON,
Register of Deeds.
He was born in Mis- souri, but please don't hold that against him. for he has been in Lin· coln County long enough to be an old settler, and has lived it down. Came to Kan- sas at the age of eight and his home was at Beloit till he came here. Mr. Hutchison is one of the jolly men of the court house crowd, and has plenty of friends.
J. W. MEEK, Clerk of the District Court.
Here is a man with some real history. Born in Meigs County, Ohio, November 2, 1841. En- listed in Company E, 75th Ohio Volunteers in 1862. Taken prisoner at the Battle of Gaines- ville, Florida, August 17, 1864, and was in Andersonville and Flor- ence prisons until Feb- ruary 26, 1865. Came lo Lincoln County, Kan- sas, in 1879, and took a homestead. Elected County Clerk in 1889, and served four years.
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History of Lincoln County
W. H. TAYLOR,
County Commissioner.
One of the Barons of the Spillman. He lives in one of the finest homes of the county. He is giving eminent satisfaction in his office as the people of the west side consider he has done more for them than any other man they have had. He is the good looker among the county officers. This picture does not do him justice.
S. H. BRUNT, County Surveyor.
Born and raised it lowa. Took a special course in surveying at Grand Island, Neb. Bo- came a government surveyor and surveyed through Wyoming.
Colorado, and New Mexico. Came to Lin- coln County and served a number of terms as deputy County Survey- or, and was appointed to fill a vacancy. Has been elected four times since. As there is noi much surveying to do Mr. Brunt makes ab- stracting his main bust- ness.
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History of Lincoln County
C. H. BERRY,
County Commissioner.
Born in England in 1859. Came to Lincoln County, Kansas, in 1872. His business and official career is as fol- lows: Farmer thirteen years, merchant ten years, auctioneer a number of years, city councilman, deputy sheriff and county con- missioner. He is small- er than the other two commissioners, but he can hold is own and ably represents the Frist Distret.
S. H. LONG,
County Commissioner.
He is a Democrat, but the Democrats are a majority on the Board of Commission- ers, so it is all right. He was born in Penn- sylvania in 1850, and came to Lincoln Coun- ty, Kansas, in 1878, and engaged in farming. His home is on his fine farm not far from Lin- coln. He was elected to office four years ago.
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History of Lincoln County
Here is where the
other county officers disappeared when they saw us coming after their pictures for this book. They'll never come back any more; they're dead ones.
Some Old Settlers
MR. N. B. REES.
Mr. Rees is one of our old settlers, having come to Lincoln County in 1872, and lived here ever since, except for a short time when he was in Oklahoma. He has the honor of having
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History of Lincoln County
made the first picture made in the county, and was in the photograph and jewelry business for ten years. He is now in the laundry business.
Mr. Rees is a civit war veteran, and his native home was Bloomington, 111.
ADOLPH ROENIGK.
This is one of the old timers who was born in "Der Vater-
land" in 1847. Hls birthplace was Prussia, and he is the son of Gotlob and Marie Roe- nigk, who were honest thrifty farmers in good circumstances. He re- ceived a common school education, at- tending school until
the age of thirteen, when he came to Amer- ica, leaving his parents in the old country.
Ho settled first in Wisconsin and later
went to St. Louis,
where he learned the
trade of saddler and
harness making, attending night schoot.
In 1866 he made a tour of Kansas, visiting Lawrence, Topeka, and Manhattan, returning by way of Leavenworth.
In 1868 he came to Kansas to make his home, working for the Government during the Indian troubles of the year. These pioneer days were the most enjoyable of his life, although he saw the usual hardships and sometimes came near loosing his life, being shot through the lungs once. But judging from his writings he appreciated the freedom of the plains.
He and some of his companions were in a fight with the Indians in 1868. Two of them were killed. Mr. Roenigk came back the next year and put up headstones of limestone and ent their names and the inscription "Killed by the Indians May 28, 1868."
He was one of the first white men in what is now Russeil County, having come there at the time the first railroad was
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History of Lincoln County
built from Kansas City to Denver. He settled in Clay County in 1870, and the next year his parents from Germany joined him. He engaged in the saddle and harness business in Clifton, Washington County, and was worth $20,000 at this time.
He came to Lincoln County and engaged quite extensively in manufacturing, and has always done a prosperous business. He built several business blocks, but was burned ont in 1897 without insurance, and met with other losses. lle is still (n- gaged in the harness business, as much for pleasure as profit. He received the white ribbon ou manufactured leather goods at the Kansas State Fair in 1890.
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