USA > Kansas > Wabaunsee County > Early history of Wabaunsee County, Kansas, with stories of pioneer days and glimpses of our western border.. > Part 15
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This committee of eight waited a long time before being permitted to put to the test the value of the organization as a promoter of civiliz- ing influences. But few people living in Wabaunsee County to-day ever knew that such an organization existed at any time in our history and it may be as well to state that they are but little less ignorant relative to the matter in question than were a majority of those who at the time lived in the country.
Among those who knew nothing of such an organization was an old Englishman by the name of Brain, who lived on the quarter ad- joining Joe Johnson's place on the east. Brain's worldly goods con- sisted of a one-horse wagon, one horse, one woman, one small kid. a one-room house and about as much household goods as could be put in the one-horse wagon without crowding the rest of the family.
Brain's horse was the most valuable piece of property on the claim, being worth at that time about $100. One morning, about the middle of July, the horse was missing. Some miscreant had cut the lariat, taking the end to which the horse was tied, leaving the other end of the rope to remind Brain of his irreparable loss.
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EARLY HISTORY OF WABAUNSEE COUNTY, KAS.
Failing to get any clue of the lost horse, Brain sent a description of the lost animal to the sheriffs of adjoining counties and in about three months word came that the horse and thief were at Lawrence.
Borrowing a neighbor's horse, Brain hitched to his little wagon and taking a trace chain, padlock and double barrelled shot-gun, went to Lawrence after his horse and thief. The sheriff kindly turned both over to Brain.
Locking the trace chain around the thief's ankle and the other end being made fast to the wagon Brain returned to his home on the Dragoon. For four or five days he kept his prisoner chained to one of the sills of his house.
No one seemed to interpose any objection until one night eight masked men put in an appearance and demanded that Brain turn the thief over to them. Brain refusing to comply with their request the masked men removed the chain from the horse-thief's ankle and at- tached it to that of Brain. Taking a rope they tied the hands of Brain's wife securely behind her so she could not assist her husband in getting loose, the masked men drove away with their prisoner.
When morning came Brain's wife went up to Joe Johnson's, and getting Joe to cut the ropes that bound her hands, got him to return with her and release her husband. Supposing the masked men had hung the thief to some neighboring tree search was made for the body, but it could nowhere be found. Then there was a suspicion that the masked men were friends of the horse-thief who took that method of releasing him.
For twenty years the matter remained a mystery. It was left for John Ward to unravel the skein. John used to live on the Milt Rig- gin place, but returned to his old home in Missouri in 1860. In 1878 he came out for a visit with old friends and then the story was told for the first time.
John was a member of the committee and he said that it was a good deal of trouble for Brain to take care of that horse-thief all by himself, and they concluded they would lend a hand. They decided they had better hang him or he might get away.
Driving to Brain's in a two-horse wagon the thief was released, as we have stated. The vigilance committee concluded they would take him over to the crossing of Onion creek on the Emporia road and hang him to a tree by the side of the road as a warning to other men follow- ing his line of business
At that time there was a great deal of travel on the Emporia road, and when they got near the designated place the committee found three or four wagons encamped at the crossing. Getting back out of sight the lynchers waited until the campers should get their break- fast and break camp. By that time the sun was an hour high and as
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hot as a July sun ever gets in Kansas.
Driving down near the crossing a convenient limb was found, the thief commanded to stand up, and after his hands were securely tied behind him, a rope was put about his neck and the other end tied to the overhanging limb. It was the intention to drive the wagon out from under the horse-thief and let him hang until life was extinct, but when the captain of the vigilance committee ordered the owner of the team to drive away, he refused, emphasizing his refusal by an oath, indicating that he meant just what he said. It was too much like murder, he said, and every effort to induce the owner of the team to drive out was unavailing.
While the members of the committee were arguing the all im- portant question-to the thief-as to who should do the driving, the most interested man in the company was shaking like a man with the ague, the sweat running in a stream down his face. To make matters worse for the lone occupant of the wagon the flies were biting the horses like mad. At such times the horses would start up and move, and once the prospects were good for the flies settling the question so hard for the committee to agree upon.
But the thief was doing some good talking on his own account. He would yell: "Whoa, there !" when their movements would bring him painfully near the hind part of the wagon, and he would start them up a little when their backing threatened to leave his body dangling from the tree in front. While the committee were parleying the thief had nothing on which to rely but his feet and his tongue to save him from swinging into eternity, and it is unnecessary to state that he made good use of his understanding and powers of persuasion as he never did before.
As a last resort, the committee drew cuts to see on whom would fall the responsibility of driving the team out from under the tree, but the man making the unlucky draw refused point blank to act his part.
Just then a covered wagon was descried coming down the road. This hastened the verdict. Two hours and a half had been frittered away in argument and child's play-to all but the man in the wagon. The flies were keeping him busy. He had passed the dreary hours in the effort of his life. He was keeping his feet and tongue busy to save his neck.
With one accord the committee approached the man in the wagon and informed him that if he would promise to leave the country and never return he would be released. Of coure he promised. It was easier than to dangle from the limb of a tree without any support for his feet. Would he go? He "reckoned" he would. He didn't think this was a very healthy country, anyhow-for him.
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The committee told him if he was ever caught in the country again they would shoot him on the spot. He replied that they would be perfectly welcome to shoot him if they ever caught him in the country at any time in the future. He kept his word.
That was the first-as well as the last-work ever done by a vig- liance commitee in Wabaunsee county.
Bossy Solved the Problem.
Not the least among the many vexations problems that presented themselves to the early settlers for solution was the all important one of transportation. While teams of oxen were the rule and horses the exception not all were so fortunate as to possess either. Among those so unfortunately situated was Hon. G. G. Hall, who for so many years filled so creditably the office of probate judge. The Judge's memory was a store-house of early reminiscences and no one delighted more in recounting the trials and the tribulations of the pioneers than the Judge.
Having raised quite a crop of potatoes and considerable corn he was puzzled to determine how to move his produce from the field to the house-some distance away. Among his worldly possessions was neither a team nor a wagon, but he was the fortunate owner of a cow. Seeing no better way out of the difficulty he resolved to utilize Bossy as a beast of burden. And right well did she serve the purpose. With a sack on either side-pack-horse fashion-the Judge soon had his corn and potatoes stored away for the winter.
BOSSY. ALSO A SAMPLE OF A PIONEER FENCE.
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An Unmarked Grave.
It was in October, 1864. Price was threatening to invade Kansas, the militia had been called out and only a few besides the old men and boys were left to guard the women and children left behind.
There were but few settlers on the Copp branch of Mill creek. The bottoms were narrow and the hills rocky. But there was a good range for cattle and the beauty of the landscape attracted the atten- tion of Mr. John Copp, who saw in the claim selected the spot for an ideal home.
His nearest neighbor was Charlie Pafkowich, in plain sight, but more than a mile away. Charlie was among those who had gone to the front, leaving his young wife to look after the farm.
Those were lonely days-when Indians were oftener seen than white men. They were getting restive, too. They knew the war was going on and rumors of an uprising had reached the ears of the anxious settlers. It was but a few miles to the Pottawatomie reserve on the on the north and the Kaws were uncomfortably close on the other side.
Only a few short years before, the Kaws had come over from their reservation and within sight of the Copp home had wreaked a terrible revenge on one of their old time enemies-a Pawnee, that the lonely squatter had given a comfortable bed in the hay stack, within a few yards of the one-room log cabin.
Mrs. Copp was at home on the day of which I write, but not alone. Four darling children had blessed and made happy the occupants of the little log cabin. So fond a mother could never be lonesome with the innocent prattle of those she prized above all things else around her.
It was chilly that day and a warm fire had been kindled in the old chimney. The wind was blowing, too, and when a crackling noise was heard the fond mother was amazed to find that the house had caught fire from the chimney. Hurriedly water was brought from the creek near at hand. But the bank was steep and the work tiresome.
When the fire seemed almost quenched it would again blaze up. Help must be had or the house and all would be gone. Tired in the extreme with fruitless exertion, and driven almost to the verge of distraction, the half crazed mother locked the door with the
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children inside, and made haste for help-the nearest at hand -- at the Pafkowich home, more than a mile away, down the valley.
Between hysterical sobs she told her story. But a glance at the Copp home was all that was needed to convince Mrs. Pafkowich of the terrible truth-the little log cabin was all ablaze and the four children were wrapped in a shroud of flames.
A charred heap near the door told the saddest story in our county's history-their doom had been sealed by the turning of the key in the lock.
Under a spreading oak within thirty yards of the tenant house on the Allendorph ranch near Halifax station (now the property of Mr. Finney), the remains lie buried.
No mound was raised to mark the place. It would but recall that heart-rending scene on that terrible day in the fall of '64. Lest the mother's reason be dethroned every effort must be made to efface from memory's tablet the horrid spectacle.
To the memory of Mary, Robert, Ida and Hedwig no inscription on slab of marble is needed. Poignant grief, deep-seated sorrow, weighed down the years of a life time. That the load of anguish might be lightened, that the burden might be bearable-these tell the sad story of the unmarked grave by the road-side.
John Verity, who for a number of years kept a store at Maple Hill, and Vera was a genuine cowboy, having worked at the trade for some years prior to going into the mercantile business. After leav- ing Wabaunsee county John accepted a position with the Swofford Dry Goods Co,, of Kansas City, Missouri. While in the employ of this company Mr. Verity assumed the management of several branch stores in the Indian territory, residing with his family in the Nation for several years. On John's first appearance in the territory he was dubbed a "tenderfoot." but when the Indians and squaw men gathered in front of the company's store to greet his initial perform- ance with the usual applause given a new arrival's first attempt at riding a bucking broncho there was disappointment on every countenance. When the broncho felt his ribs crack from the raps from that wagon spoke he forgot to buck and struck out on his fifteen mile run with a determination to get there Eli before his ribs were all stove in. When the Territory toughs, Indians, and squaw men brought in their verdict it was: "Tenderfoot ride like h-1 !"" John had been there before and his experience as a cow-boy stood him in good stead while roughing it in the Nation. His standing with the rough element had been estab- lished on a firm foundation.
EARLY HISTORY OF WABAUNSEE COUNTY, KAN.
CALVIN BURGER.
HARRY TANDY.
JAMES RENDER, alias " Denver Kid."
DICK WILLIAMS, alias "Trilby"; alias "Snowball."
THE MCFARLAND MURDERERS AND THEIR VICTIMS.
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Double Murder at McFarland.
The most revolting crime ever committed In Wabaunsee county was the murder of Harry Tandy and Calvin Burger, at McFarland, on the afternoon of Wednesday, June 28, 1899.
On the following morning, about 9 o'clock, Henry Weaver's at- tention was attracted by the gesticulations and incoherent mutterings of a man at the foot of a high bank of Mill Creek, about sixty yards southwest of the ice-house at McFarland. The man's lower limbs were submerged in the water drowning being prevented by projecting roots but for which the murderers may have escaped conviction and punishment.
It was found that the young man's skull had been crushed by a blow back of the ear, rendering the victim of murderous assault un- conscious, in which condition the unfortunate young man remained till the time of his death, at 10 o'clock Thursday night.
The young man was recognized as one, who, the day before, had been seated with a companion on the platform in front of Winkler Bros.' store at McFarland. It was recalled that the young men had made inquiries relative to the country, the prospect of getting work, &c. At noon the young men bought some crackers and cheese for lunch.
Although both wore overalls, there was something about the young men that attracted more than ordinary attention. It was noticed that each wore a good suit of clothes under his overalls, and that one of the young men carried a gold watch-and that his hands were as soft as a woman's.
By letters on the body of the young man found in the creek. the body was identified as that of Harry Tandy, a druggist of Creighton, Mo. .
Dr. O. S. Chester was called by telephone to McFarland, and im- mediately a message was sent to the young man's father. Starting immediately the grief-stricken parent reached the bedside of his dying son, but only to return on the saddest mission of his life-the boy's spirit had been wafted home.
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So certain were the people that young Tandy's companion had also been foully murdered that the creek was dragged for the missing body, but not until Saturday evening, July 8, was the second victim found-in the orchard on the Tom Locke farm, nearly a mile west of McFarland-on information secured from one of the men charged with the murder-he having furnished Sheriff Cook, of Shawnee County, with a diagram that enabled the officers to go directly to the place where the body lay, in a badly decomposed condition.
After the finding of young Tandy's body, several parties recognized him as one of the two young men who had been seen playing cards with two young colored men on the east side of the ice-house the evening before the finding of young Tandy's body.
A young colored man, named Williams, had called at Mr. Don- nelley's, at McFarland, for lunch for himself and a partner, and before leaving had borrowed two fishing poles. leaving the satchel with the Misses Donnelley until his return.
Later in the day Williams returned the fishing poles and called for his satchel, his excited manner attracting attention to such a de- gree as to make a lasting impression. On leaving the Donnelley home he went the back way, going north of the store on his way to the stock-yards, near which place he met Render, the other colored man, who had called at the store to buy something for lunch. The two colored men left McFarland on a freight train for Topeka, going to Crook Wright's, where Tandy's gold watch was pawned. This was the first clue that led to the arrest of Williams and Render.
At a barber shop, opposite the Rock Island depot. Render had changed his bloody shirt, and at Kansas City, Williams had left his blood stained pants. Both showed considerable money at Crook Wright's.
At the trial Williams acknowledged to being present when both young men were murdered but said Bill Collins had killed Harry Tandy and "Souse" Hawkins had killed Calvin Burger-Williams stating that he had been compelled at the point of a revolver to assist in the double murder. Williams told how Burger had been decoyed to the orchard to get chickens for supper and how Tandy was disposed of on his return-how, on bended knees, he had plead for his life- ofiering to give up his watch and money-everything, if only his life was spared.
As neither "Souse" nor Collins had been seen at McFarland, and it being proven that they were in Topeka at the time the murders were committed, Williams' story was devoid of effect. It was ro- garded as a bungling effort at fixing a most horrible crime on innocent parties-innocent, at least. of the double murder at McFarland.
The recital of the brutal murder of Harry Tandy created a heart
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rending scene in the court-room. Scalding tears coursed down the cheeks of the grief stricken mother and the excited condition apparent in the equally aggrieved father created the impression that the as- sembled spectators might be unwilling witnesses of a second tragedy as a sequel to the first.
The jury brought in a verdict of guilty at noon, and at 1:45 P. M. Williams and Render were on their way to the penitentiary-having been convicted of murder in the first degree.
Mr. and Mrs. Tandy and Mr. and Mrs. Burger, parents of the mur- dered boys, were in attendance at the trial, leaving on their sad home- ward journey on the same train that carried Williams and Render to prison for life. Mr. Tandy is a leading physician and druggist at Creighton. Mo .. and Mr. Burger is in the restaurant business in Kansas City, but until a short time before the murder had been a guard at the Kansas State penitentiary at Lansing. Two excellent families had been drawn together by sad circumstances that deprived each of two homes of a promising son.
Good detective work was done in bringing the criminals to justice. Messers. Barnes and Carroll received deserved commendation for their efficient work as prosecutors. Mr. Keagy exerted his best efforts to bring about the acquittal of the defendants and with nothing to base a hope on, he made the best possible argument in behalf of the prisoners-who could have no cause to complain that their conviction was due to a lack of legal talent in their defense.
There were no shoes on young Burger's feet when the body was found, though an old pair was found near by. When Mrs. Burger came to Alma she identified the shoes Williams was wearing as having been worn by her son, Calvin, when he left home for a visit with his brother in Oklahoma.
Though robbery was the motive for the crime a five dollar bill was found in the lining of young Burger's hat. It was wrapped in a piece of a newspaper published at Minneapolis. Kas .. where the family for- merly resided.
The identification of Calvin Burger's body -decomposed beyond recognition-was established by the score book first and later by the pants that he wore at the time of the murder. Allowing that "T" in the score book stood for Tandy, "D" for Diek Williams and "R" for Render, the other initial, "B" represented the young man whose identity was in question. In their effort to fix the responsibility for the crime on "Souse" and Collins the prisoners had stated that the young man whose body was found in the orchard had been working with the asphalt gang in Kansas City. Attorney Carroll went to Kansas City and established the fact that Calvin Burger was young Tandy's companion at McFarland. The bit of cloth used in patching
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the pants worn by the murdered boy made the identification complete.
When on Saturday, July 8, the second body was found and the facts developed that the victim had been foully murdered in the same identical manner as was the young druggist the excitement was in- tense and the conditions ripe for the infliction of summary punish- ment on any one whom the evidence might incriminate. On Sunday when the train bearing Dick Williams, one of the accused, reached Alma the excitement which had not yet abated was heightened in the extreme and hardly had the outer door of the jail closed on the prisoner than the sheriff and his deputies were overpowered, the door broken down and in a trice the body of Dick Williams was being dragged through the street to the Mahan corner-a block east of the court house-and in another moment what was supposed to be a life- less body was dangling limp and motionless from a telephone pole ten feet from the ground. Six minutes later City Marshal Pippert lowered the body. Williams breathed but until midnight his life hung as by a thread. Twenty-four hours later, with the exception of an abrasion of the scalp, there were no indications that Williams had passed throngh the terrible ordeal that came near depriving him of the right of trial by jury for a crime without a parallel in the history of Wabannsee County.
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The Frank Mitchell Murder.
When on Monday morning, March 9, 1896, Mr. James Clare, of Alta Vista, went to the farm of his brother-in-law. Mr. Frank Mitchell, to return a borrowed wagon and failed to find Frank at home his suspic- ions were at once aroused, and he felt assured that something had gone wrong. His suspicions were more than confirmed when he noticed that all the stock on the place appeared in a giunted and half-starved condition, the water-tank dry and everything going to show that the owner had not been on the place for several days at least.
From inquiries it was learned that not since the Thursday before (March 5) had Frank been seen by anyone. On that day a neighbor had called on Frank,leaving there abont 4 o'clock in the afternoon. While at the Mitchell farm Frank had said that John Hoepner had one of his hogs and that he was going over to see abont it. From the fact that Hoepner had once before refused to deliver to Frank a hog of his that he had taken up until he had paid him two dollars. it was at once suspected that Frank had got into trouble with Hoepner and had been foully dealt with at the hands of his quarrelsome neighbor.
A searching party of about thirty of Frank's neighbors and friends was at once organized, and there being such a unanimity of sentiment respecting Hoepner's guilt a warrant was sworn out before M. II. Cooper. a justice of the peace. and placed in the hands of Constable John Kistler, to he served in case cirenmstances should warrant his arrest.
Although Hoepner denied having seen Mitchell for several months. and his statement was corroborated by his wife, not one of the search- ing party believed the story of the one or the other. But persisting in their determination to find the body, success finally rewarded the ef- forts of the diligent searchers. About a quarter of a mile north of Hoepner's barn poor Frank Mitchell lay prone npon his back, his blood- stained lips apart, his eyes glazed and turned heavenward as if mutely appealing to a just God who has said, "Vengeance is mine. I will re- pay."
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For four days and nights the body had lain where John Hoepner had dumped the limp and lifeless form from his wagon-like a dog.
Telegrams were at once sent to Coroner Beals, County Attorney Barnes, and Sheriff Treu. Messrs. Otto Meyer, Gilbert Anderson. Geo. W. Gantz, David Weidner, and Drs. Eldridge and Goodsell were sworn in as jurors, and after hearing the evidence brought in a verdict to the effect that Frank Mitchell came to his death from a gunshot wound, and that the said shot was fired by John Hoepner with felonious in- tent. Hoepner was held for murder in the first degree and only by strategy was lynching prevented.
After being lodged in the Alma jail Hoepner confessed to the mur- der. he claiming that Frank had refused to pay the five dollars damage he had asked before he would allow him to take his hog; that Frank had taken the hog from the pen and was driving it home when he overtook and shot him. The shooting was done southeast of Hoep- ner's and in the direction of Frank's home. When found the body was nearly half a mile from the spot where the killing was done. Two sings had broken the arm bone just below the shoulder, entering the lung cavity, and must have caused immediate death.
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