USA > Kansas > Barton County > Biographical History of Barton County, Kansas > Part 8
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"Kansas is the nucleus of our political sys - tem, round which forces assemble, to which its energies converge, and from which its energies radiate to the remotest circumference. Kan- sas is the focus of freedom, where the rays of heat and light concentrated into a flame that melted the manacles of the slave and cautcr- ized the heresies of state sovereignty and dis- union. Kansas is the core and kernel of the country, containing the germs of its growth and the quickening ideas essential to its per- petuity. The history of Kansas is written in capitals. It is punctuated with exclamation points. Its verbs are imperative. It's adjec- tives are superlative. The commonplace and prosaic are not defined in its lexicon. Its sta- tistics can be stated only in the language of hyperbole. The aspiration of Kansas is to reach the unattainable; its dream is the realization of the impossible. Alexander wept because there were no more worlds to conquer. Kan- sas, having vanquished all competitors, smiles complacently as she surpasses from year to year her own triumphs in growth and glory. Other states could be spared with irreparable bereavement, but Kansas is indispensible to the joy, the inspiration and the improvement of the world. It seems incredible that there was a time when Kansas did not exist ; when its name was not written on the map of the United States; when the Kansas cyclone, the Kansas grass-hopper, the Kansas boom and the Kansas Utopia were unknown. I was a student in the junior class at William College when President Pierce, forgotten but for that signature, approved the act establishing the Territory of Kansas, May 30, 1854. I remen- ber the inconceivable agitation that preceded, accompanied and followed this event. It was an epsch. Destiny closed one volume of our annals and, opening another, traced with shad- owy finger upon its pages a million epitaphs, ending with Appomattox. Kansas was the prologue to a tragedy whose epilogue has not yet been pronounced; the prelude to a fugue of battle whose reverberations have not yet died away. Floating one summer night upon a
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OF BARTON COUNTY, KANSAS
mnoonlit sea, I heard far over the still waters a high, clear voice singing:
"To the West! To the West; To the land of the free.
Where the mighty Missouri rolls down to the sea ;
Where a man is a man if he's willing to toil, And the humblest may gather the fruits of thic soil."
The grassy quadrangle geographers call Kansas. Her undulating fields are the floors of ancient seas. These limestones ledges underlying the prairies and cropping from the foreheads of the hills are the cemc- teries of the marine insect life of the primeval world. The inexhaustible humus is the mold of the decaying herbage of unnumbered centur- ies. It is only upon calcareous plains, in tem-
perate latitudes, that agriculture is supreme, and the strong structure and the rich nourish- ment imparted essential to bulk, endurance, and speed in animals; to grace, beauty and passion in women; and in man to stature, cour- age, health and longevity."
And to properly finish the picture with the inusic of rhyme in quoting Walt Mason's epi- grammatic ode.
"Kansas: Where we've torn the shackles From the farmers leg;
Kansas: Where the hen that cackles
Always lays an egg;
Where the cows are fairly achin', To go on with record breakin',
And the hogs are raising bacon By the keg."
HIS FIRST FEE AND OTHER REMINISCENCES
By James W. Clark
T HE writer hereof located in Great Bend November 6, 1884. During that month Judge Strang held his last term of court in this county, the same being the last court here as a part of the 16th judicial district. The sixteenth judicial district when it was created in 1881 consisted of the counties of Barton, Stafford, Pratt, Barber, Comanche, Edwards, Pawnee, Rush, Ness, Hodgeman, Ford, Clark Meade, Foote, Buffalo, Lane, Scott, Sequoyah, Arapahoe, Seward, Stevens, Grant, Kearney, Wichita Greeley, Hamilton and Stanton.
In February, 1885, the 20th judicial district was created, and consisted of the counties of Barton, Rice, Stafford and Pratt. Hon. George W. Nimocks of the local bar was appointed as judge of this new district until the following election when Judge Clark was elected. The members of the Barton county bar at this time consisted of S. J. Day, W. H. Dodge, Joshua Clayton, James Clayton, Theo. C. Cole, E. C. Cole, Samuel Maher, William Osmond, C. F. Diffenbacher, Judge D. A. Banta, L. R. Nim- ocks, B. F. Ogle and the writer. The court docket was large, and most every little case was fought out to the finish with but few com- promises or friendly settlements. The policy of the bar seems to have changed in this re- gard during more recent years. Now the at- torneys and clients look upon lawsuits morc as matters of business and seek just and fair settlements rather than unnecessary and cx- pensive trials tinged with spite and vengence.
The first case the writer tried after locating here was rather comical. The lot where the Odd Fellows' Hall now stands was owned by Mrs. I. T. Flint. Her husband had placed this property with A. J. Buckland, a real es- tate agent, for sale, and D. R. Jones who
tried to buy the property from Buckland and failing concluded he would go to Eureka town- ship where the Flints lived and make the deal with them, and Buckland learning of this started out, procured a conveyance and he and Jones had a horse race to see who could reach the Flints first. Jones won the race and bought the property, and then Buckland brought suit before C. J. McIntosh, a justice of the peace in South Bend township, for his com- inission for the sale of this property. Your writer represented Mr. Flint, who was very pugnacious, and James Clayton represented Mr. Buckland, who was rather schrewd and cunning in his ways, and doubtless had a pur- pose in the selection of his court to try the case. A jury was demanded, the case hotly contested, and even the parties themselves in- sisted on making arguments to the jury. Flint spoke first with much feeling, noise and abuse, and on finishing left his memorandum book on the little school house table. Then Mr. Buck- land commenced his argument by referring to Flint as a sneak thief, whereupon Flint rose to his feet and made a break towards Buckland for revenge and everyone kept out of his way as he rushed up the isle towards Buckland, but he simply picked up his memorandum book, walked back and took his seat amidst an uproar of laughter. No one was hurt. Flint won his case on the ground that his wife, the holder of the title, had not authorized the plac- ing of the property for sale. The writer rc- ceived for his services a bright new ten dollar bill his first fee in Kansas.
The oldest contractor in the county in point of service is still engaged in the business and apparently as young as ever. He is Frank Kra- mer of this city. He came here from Pennsyl-
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BIOGRAPHICAL HISTORY
nia in the early '70s and was noted for years as one of the finest band men and ball players in the state. And Frank says that it lias always been a wonder to him how he ever managed to hold on to his trade, support a family and follow these two professions when either one is enough of a detriment to a man in a small community where neither pays salary. Chas. Morrison is the next oldest contractor in the city.
The first bank in Barton County was estab- lished in 1873 by Samuel Maher and others. It ran for a year then got into difficulties over a check for $17,000 in which cattle buyers and
the Santa Fe were involved and went out of business. The J. V. Brinkman Company Bank organized in 1874, which is now one of the big banks of the state, was really a continuation of this bank.
The Barton County court house was built by the Santa Fe railroad. The company owned most of the taxable land in the county in the year 1872 and the few citizens of the county managed to get a special election call through and had the court house built, the taxes paid by the Santa Fe paying the most of the expense.
THE KILLING OF ARCHIE B. CLEMENTS
By G. N. Moses
T HE following description of Archie B. Clements' death in Missouri after a streneous career is told by George N. Moses who was active in the early day life of that part of the country before he came to Bar- ton County. It is printed as an interesting event in the life of the first sheriff of Barton County.
At the close of the Civil War, the country was in a very unsettled condition and more es- pecially so in the border states. There were roving bands of men, composed of the worst elements of both armies, who did not accept the condition of peace or abide by the civil law but took the law in their own hands and trav- elled the country, burning, murdering and committing all kinds of depredations. Such was the condition of affairs in LaFayette County, Mo. A band of men, headed by Archie B. Clements, who was a lieutenant under Quantrell at the time of the Lawrence massa- cre, would ride into Lexington shooting, killing and robbing banks in broad day light. Reports of these outrages coming to the ears of Gov. Tom Fletcher, he sent Bacon Montgomery of Sedalia, Mo., and ordered him to raise a com- pany of men and go to Lexington and quiet the troubles.
Montgomery returned to Sedalia and raised a company of thirty-two, consisting of such men as J. M. and George Turley, Dave Thorn- ton, Tom Tibbs, Monte Cantrell and others of like character. They were men who had car- ried their lives in their hands all through the war; they were dead shots and could be relied upon to face any danger. They were as daring a lot of inen, taken as a whole, as were ever banded together. We left Sedalia for Lexing- ton but the date of our leaving I cannot rec- ollect. It was, however, in the winter of 1866. On the way we were notified by friends, that Clements and his band would meet us at the LaFayette County line and that we were never to be permitted to cross the line. Sure enough
when we came to the line there was a squad of men but at sight of us they scattered into the brush and we went into Lexington without any trouble, remaining there several days without anything of note happening. One day, a com- pany of nearly 500 men, headed by Dave Poole came into town and it was reported that they came for the purpose of taking the oath, reg- istering or something of that kind. We didn't just like the looks of things so we gathered our squad in the court house, remaining there until they left town. Shortly after they left, Montgomery came to Turley, Tibbs and myself and said that Clements, and Hickland had come back and were at the hotel which was run by one of the Hicklands. He further stat- ed that there was a reward offered by both Kansas and Missouri for Clements and he wanted us to go and get him. We started at once and on the way, discussed the situation, finally determining that we would take them if . possible, without shooting. Our plan was to get them into conversation and then ask them to take a drink and while drinking get the drop on them and cause them to surrender. Meantime, Montgomery, fearing there might be more of them than we could handle, sent Joe Wood with two or three men, to our assist- ance.
Just as we were in the act of taking a drink at the bar, Wood came to the door and com- inenced hollering, "Surrender." Immediately, Clements and Hickland sprang back, Hickland jumping over a billiard table. As he jumped, I shot him in the leg. Clements ran through a side door into the office and I ran into the opening leading into the office. Just as I slipped into the door Clements turned and fired at me the ball going through my clothes but not drawing blood. I fired at him hitting him in the right breast, crippling him badly which accounts for his poor shooting after that for he emptied eleven six shooters at us and never
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OF BARTON COUNTY, KANSAS
hit a man and he died with the twelfth gun in his hand trying to cock it.
When I shot him he fell but before I could reach him he sprang to his feet and started running towards the Virginia Hotel Livery Barn, in front of which he had his horse tied. I was so busy taking care of myself up to this time that I did not realize what Turley and Tibbs were doing, but when I came to myself I found that all three of us were running after Clements. Clements reached his horse when we were within ten or fifteen feet of him and we continued shooting at him as fast as wc could but in spite of it all, he mounted and swung his horse around and started towards Market Street. As his horse came around he ran into the lead horse cť a four horse team that was coming up the street and we followed still shooting at him and shot and killed the lead horse of the team. Clements' horse was hit several times but kept going, reaching Market street and then np that street as far as Dr. Cooley's residence; there his horse gave out and stopped. Turley and I were the first to reach him and took him off his horse and he was then vainly trying to cock his last six shooter but had not the strength left to do so. We laid him on the ground and he stretched out, gave a few convulsions and the last words he spoke were, "Oh, he-11," and he was dead.
We took the body to the court house where an examination disclosed that Clements had been hit thirty-three or thirty-four times, cf which number, twenty odd wounds were in the body. We then placed his body against one of the columns of the court house and had it photographed.
1 had one of these pictures but have been unable to locate it. When we brought Clem- ents' body to the court house, I told Montgom- ery that I thought Hickland was wounded at the hotel. Several of us went back there and found a trail of blood from the billiard table, through the office and up the stairs where it stopped. Montgomery then found the land- lord and demanded Hickland, telling him that if he did not deliver him up we would set fire to the house and smoke Hickland out.
There was certainly a scene of commotion then. The landlord, his wife and two grown daughters, crying, wringing their hands and swearing that Hickland had left the hotel. Montgomery would not believe them and sent John Jackson to a drug store for some turpen- tine which he soon brought and Bake emptied the can on the floor and was just about to touch a match to the turpentine when the mayor and Dr. Cooley who were old friends of his, came in and persuaded him not to burn the house.
That afternoon we received word from a farmer, that the Poole band had returned to old man Hickland's place, two miles from town, and were coming in to kill every one of us. We went through the city, taking all the arms and ammunition we could find and draft-
ing a lot of negroes and then establishing headquarters at McDowell College. From there we sent out pickets and spies to watch their movements. I went through fields and along hedge rows to their camp until I was close enough to hear what they were saying. Some of them wanted to come in and some hung back. They lacked a leader. They wanted Poole to lead them in but this he re- fused to do and that settled it. They never came after us while we were at the College. I might here add, that we never found Hickland.
There was a newspaper published on the other side of the river by a man named Wil- liams and he was giving us a terrible scoring as robbers and murderers, so Turley took a tew of us with him and we crossed the river, captured the printer, broke the presses and scattered the type up and down the street. We brought Williams back with us and for several days kept him prisoner under a stairway in a dark room and then let him go. This esca- pade, however, proved quite an expensive joke for us for we were afterwards compelled to pay for the property destroyed.
Soon after this we moved back to the court house. Some of the good citizens who did not like us nor the idea of our staying there any longer, sent all kinds of terrible reports about us to President Grant and these reports were so bad, describing us as robbers and murder- ers, that Grant, without taking second thought ordered two companies of infantry from Fort Leavenworth to Lexington by forced march. The day these U. S. troops arrived there was a young lieutenant sent ahead to procure quar- ters. This lieutenant had evidently just en- tered the army and gave every evidence of having bought his commission for he lacked any of the traits of a true soldir or gentleman. He came to the court house dressed in a new uniform with bright shining buckles and but- tons and his sword dangling by his side and you could tell from his looks that he consid- ered himself a great soldier and of vast im- portance. I happened to be standing in the doorway and he addressed himself to me, ask- ing "What men are these here?" I remarked that they were Gen. Montgomery and his men. "Gen. Montgomery," he replied with a sneer. "Where is this man Montgomery?" I felt the blood coursing a little swifter through my viens but held my peace knowing that Bake could answer him much better than I could, and followed him in saying to him that the General was back there by the stove, playing seven-up with some of his men. The lieuten- ant marched in very pompously and said, "Where is this man Montgomery?" Bake look- ed up and said, "That's my name, sir." The lieutenant, said, "Capt. Williams is on his way here, sir, with U. S. troops and we want these rooms for our quarters." Again Bake looked up and said, "How many troops has Capt. Williams?" "Two companies of infan- try, sir." "Well," said Bake, "You go back and tell Capt. Williams that I have thirty Missou-
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BIOGRAPHICAL HISTORY
rians here and I will contest with him, God damn you sir, for these quarters," and Bake went on with his game paying no further at- tention to the lieutenant who stood there a few minutes then turned and walked out like a whipped cur.
.
Meantime, George Turley had got hold of an old musket and constituted himself a guard and halted the lieutenant when he got to the door. The lieutenant drew his sword and ordered George to get out of the way but George took after him and ran him clear past the court house square, pricking him with the bayonet at every jump. When the U. S. troops arrived they camped in the court house yard. Bake went and telegraphed Governor Fletcher who immediately wired the president that he had state troops at Lexington, that he had made no requisition for U. S. troops and asked that they be ordered back. The troops soon left for Fort Leavenworth.
It did not suit the old moss backs that we were lett in control of the situation so they swore to charges against us of wilful and malicious murder. (By the way, in the shooting tracas with Clements, there were one or two citizens accidentally killed.) Se we were in- dicted for murdering Clements and these cit- izens. A United States marshal named Poole, a cousin of Dave Poole, was sent to arrest us. He came to Lexington, sent for us to come to the hotel and told us he had a warrant for our arrest.
Montgomery told him to produce his war- rants and if they were all right we would go with him but this he refused to do and for sev- eral days we parleyed back and forth, Mont- gomery demanding to see the warrants and Poole declining to show them, claiming it was not necessary. Finally he sent for us and said he would show us the warrants if we would promise not to harm the prosecuting witnesses. Bake told him he would guarantce and he would
read the warrants to us. Bake told him we would be ready when us. Båke told him we woulr be ready when the next stage left. We were a good deal sus- picious of Poole as he was so closely related to Dave poole the noted bushwhacker and feared he might steer us into an ambush where they would kill us all so Montgomery
told the boys to saddle up and follow us. to Warrensburg for fear Clements' friends would ambush us on the road. The next morning we started. There was no one else in the stage but the marshal, Bacon Montgomery, James Turley, Tom Tibbs and myself. Poole's son was on horseback as guard. After going somc distance on the way to Warrensburg without any trouble the boys began to feel develish and thought they would have some fun with the guard so they commenced shooting up the dirt around him and he soon took to the brush. Poole thought his time had come and shook like a leaf but Montgomery quieted him by as- suring him that neither he nor his son were in any danger for the boys were just in fun. We reached Warrensburg all O. K. and there took the train for Jefferson City. Just as the whis- tle blew for Sedalia, one of the complaining witnesses opened the car door, came in and took a seat by the door. Tibbs and I were seated a few seats in front when the door opened and Tibbs looked back to see who came in. As soon as he discovered who it was, Tibbs said, "See me wing that s-n of b-b," and before I could realize what he was doing he pulled his gun and shot the old fellow through the ear. He did not wait for the train to stop but just got off and took the next train. When we reached Jefferson City, Poole took us around to lock us up but we politely tipped our hats and bade him "good evening." He then followed us around, stopping at the same hotel we did until we had our preliminary hearing. We were placed under one hundred dollar bonds which we declined to give and we also declined to be locked up.
Most of our boys had come down and all were heavily armed. I had the least number of guns of any in my belt and I had four six shooters.
Trouble was averted by Gen. Miller of St. Louis, Col. Boyd of Springfield and Bill Fletch- er going on the bond. I think this was arrang- .ed by the late C. P. Townsley who was in at- tendance at the Legislature as a Senator trom Sedalia. When our trial came off we were all acquitted and the boys scattered to their homes, Turley, McCabe and I returning to Se- dalia.
THE MENNONITE COLONY NEAR DUNDEE
S HORTLY after the completion of the San-
ta Fe railway through Barton County, in the spring of 1875, that company through its emigrant bureau extensively ad- vertised its lands throughout all sections where it was possible to reach those seeking new homes, and this literature was scattered broadcast over sections of Russia and agents were stationed in New York to meet and guide them to this locality. By these means a large proportion of the present population of Bar- ton County were induced to settle and improve
the lands to their present state of productive -- ness, and became factors in making this coun- ty what it is today. That these people had long been in search of a land in which to make their homes is proven by their past history which is that in 1802 their ancestors emigrated from Germany to Russia on an agreement with the Empress of Russia that they were to make their own laws and govern themselves in a limited way for ninety-nine years; be ex- empt from military duty and be free in relig- ious observances. When their descendants
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OF BARTON COUNTY, KANSAS
left Russia for America this period would soon expired and they left rather than submit to the laws that would soon be forced upon theni, the adoption of the Greek Catholic religion, and service in the Russian army.
The majority of those who settled here had lived in small communities or villages in Rus- sia and were weavers, lumber sawers and far- mers by trade. They had been supplied by companies stationed at a distance with the material and work, and had depended more on this means of subsistance than on that of agri- culture. To govern such a village it had been found necessary to form themselves in a com- pact body with a responsible head, and that manner of organization was at first attempted here by the colony which settled one mile east of the present town of Dundee. There were fifteen families in this colony, and they on- tered the whole of section 16, under the honic- stead act, and bought the whole of section 9 from the Santa Fe railway Company on pay- ments covering eleven years. Both sections were divided originally into twenty equal parts and this gave to each family a tract of thirty- two acres on each section; or sixty-four acres in all. On section 16 they built houses out of 4x6 lumber and there made their homes and gardens, and on section 9 they pitched their crops. The fifteen cottages formed a village, and near the center of this was built a stone school house, which also served as a church building. The ruler or head officer was called "the schultz," and for convenience he had his home near the school building, and his residence served as a council house. Abra- ham Seibert was the first pastor of this Men- nonite congregation but he was not a resident of the villege, but lived with his parents about two miles southeast of the settlement, and now lives in Michigan. Those who made up the village are the families of Cornelius D. Unruh, (deceased), Cornelius Thomas, (de- ceased), Henry Seibert, (deceased), Christian
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