USA > Kansas > Labette County > History of Labette County, Kansas, and representative citizens > Part 9
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During Myres's imprisonment Jacob Mc- Laughlin and Wash Berkaw were part of the time confined in jail with him on the charge of selling liquor. It is supposed that they feared testimony which Myres might give if called as a witness on their trial, and that they, after their release on bail, secured Myres and took him from the jail on the 4th of August. On April 14, 1886, Mclaughlin and Berkaw were arrested for the murder of Myres. On their examination Frank and George Davis, who were also confined in the jail at the time when Myres was taken therefrom, testified that Mclaughlin, with the assistance of Berkaw, took Myres from the jail. The defendants were both held to answer the charge of mur- der. On the trial of Mclaughlin and Berkaw on the charge of murder in the district court, the Davis boys gave testimony directly con- trary to what they had testified on the prelimi-
nary examination, and said that what they had testified to before was false. It was developed on the trial that after the pre- liminary examination had been had, the Davis boys went to the office of E. C. Ward in Parsons, who was attorney for Mclaughlin and Berkaw, where it was arranged between them that in the event of their giving testi- mony of the character which they did give upon the final trial, they should receive a cer- tain sum of money. The money was deposited in bank, subject to their order upon the final acquittal of the defendants. The defendants were acquitted on the trial, although probably no one had any doubt of their real guilt.
At the close of the trial the court appointed a committee to investigate the conduct of E. C. Ward in connection with this transaction. The committee in the report found that he had been guilty of bribery, and recommended that he be disbarred. Charges were preferred against him, and change of venue was had upon his application to the district court of Neosho county, where he was tried and found guilty, and a judgment of disbarment was entered.
On the night of February 21, 1885, Mar- cus A. Justice and Mayfield Carr, two colored men who had had some jealous feeling in ref- erence to a woman, were in company near the M. K. & T. depot at Oswego. The next morn- ing Carr was found dead in the cut of the Frisco Ry. between the M. K. & T. and the brick mill. Justice was charged with the mur- der, and on trial had on May 27, 1885, was convicted of murder in the first degree.
On November 16, 1885, George W. Greg- son shot and killed W. A. Collins, in the Grand Central Hotel at Parsons. On February 19, 1886, he was convicted of murder in the first degree.
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In September, 1886, Wilf. Cooper got up- on a freight train at Parsons to ride to his home at Labette City. There were some three or four other parties in the car, who proved to be tramps. Before arriving at Labette City they attacked Cooper and threw him out of the car. He recovered himself sufficiently to get to Labette City and telegraph to Oswego for the arrest of the parties, who were tried, con- victed and sent to the penitentiary.
On June 26, 1888, the marshal at Chetopa had a warrant for the arrest of a colored man who was supposed to be engaged in the illegal sale of liquor, and who had made his boast that no officer could arrest him. The marshal called a man to his aid, and started to serve the warrant. Another colored man had allied him- self with the one they were seeking to arrest, and, seeing one of the officers coming, one of them secreted himself behind the building, and the other from across the street leveled his gun at the officer. Both opened fire on the officers, and wounded them in a number of places in a way that was at the time supposed would prove fatal. The colored men ran at once, and secreted themselves in the loft of an old house. It was ascertained that they were in the house, and finding themselves hemmed in, they surrendered. The mayor put them under guard and sent for the sheriff, who ar- rived at Chetopa in the evening. It was not thought advisable to bring them to the county jail in the night-time. In the meantime the guard which had been placed over them was continued. They were placed in the city hall, the sheriff and guard remaining with them. A mob of masked men broke into the room, put a revolver in the face of the sheriff and guard, blew out the light, slipped a noose over the head of each of the prisoners, dragged them to the rear end of the building, put them
on a scaffold which had been piled upon a wagon standing by the side of the building, fastened the rope inside, and then drew the wagon from under them, where they were left to hang until the next morning. No serious at- tempt was ever made to discover the murderers of these men, and no prosecution for the crime was ever instituted.
On April 1, 1890, Carrey S. Arnold killed John Bobzien, in the west part of the county, for which he was afterwards tried and con- victed.
On October 22, 1892, William H. Mills, while sitting in a restaurant at Chetopa, was shot through the head by some party on the outside of the building, and instantly killed. G. A. Luman was arrested on suspicion, but was acquitted.
On December 17, 1892, Albert Shoemaker shot and killed his brother Allen. He claimed that the killing was in self-defense. His trial resulted in his acquittal.
There has been but one successful "hold- up" and robbery of a railroad train in this county. The passenger train going east over the St. Louis & San Francisco Railroad was boarded at Mound Valley about 3 o'clock on the morning of September 3, 1893, by three men, two of whom at first took control of the express car and engine, and one the passenger coach. In the conflict that ensued Charles A. Chapman, the express messenger, was killed, and his body fell from the train. The rob- bers were unable to open the express safe, and secured nothing in that direction. All the pas- sengers were relieved of such money, jewelry and valuables as they had about their per- sons. Before the close of the year the robbers were all captured, a party connected with them revealing their identity and their whereabouts. They proved to be Hance D. Hydrick, Claude
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Shepherd and William Chadburn. The evi- dence of their guilt secured by the officers was so convincing that they all plead guilty and were sent to the penitentiary.
On January 28, 1896, Mrs. Maria A. Ash- bell was found dead in the cellar of her house in Richland township, this county, with a bul- let-hole through her head and a revolver lying by her side. Her husband, Marion Ashbell, was arrested on the charge of having mur- dered her. His defense was based on the con- tention that her death was the result of sui- cide. Court convened a few days after the killing, and Mr. Ashbell was forced into trial at that term of court over his strong protest. The most intense feeling prevailed throughout the county, and threats of lynching the pris- oner were heard on several occasions. The trial lasted several days, and the jury, after being out a few hours, brought in a verdict of guilty of murder in the first degree; this was on February 29, 1896. Two days after this sentence was pronounced, and on March 3d the prisoner was lodged in the penitentiary. Every effort was made to secure a reversal of this judgment and a new trial, but without effect. The case went to the Supreme Court at least three times.
In the fall of 1896 Rudolph Brockman, living in the northwestern part of the county, was arrested for the murder of his little girl. It appeared that he kept her in the barn, where for some time she lay sick and was supplied with none of the comforts which her condition demanded. From the evidence, the treatment certainly seemed most brutal and, no doubt, was the cause of the child's death, which oc- curred about the time, or soon after, his ar- rest. He was found guilty of murder in the first degree, and sentence was passed in ac- cordance with the verdict.
THE BENDER SLAUGHTER-PEN.
About the last of 1870 a family of Hol- landers, or Germans, consisting of four per- sons-a man, his wife, son and daughter- moved on the northeast quarter of section 13, township 31, range 17, Osage township. The man was known as William Bender, the son and daughter as John and Kate. They erected a small frame house, 16 by 24 feet, which was divided into two parts by studding, on which hung an old wagon-sheet for a parti- tion. In the front part they had a few articles for sale, such as tobacco, crackers, sardines, candies, powder, and shot. Just outside the door was a plain sign, '"Groceries." In the front room were also two beds. They also pretended to furnish lunch and entertainment for travelers. In the back room, almost up against the partition studding, a hole just large enough to let a man down had been cut in the floor,. the door to which raised with a leather strap. Under this an excavation had been made in the ground, leaving a hole some six or seven feet in diameter and about the same in depth. It was supposed that when a victim was killed in the daytime he was thrown into this hole until night, when he would be taken out and buried. Little was known of the fam- ily generally. They repelled rather than in- vited communication with their neighbors. Kate traveled over the county somewhat, giv- ing spiritualistic lectures and like entertain- ments, but created very little stir or comment. The two young people occasionally went to church and singing-school, and the men fre- quently attended public meetings in the town- ship. The place was on the road, as then trav- eled, from Osage Mission to Independence. During 1871 and 1872 several parties had trav- eled the road, making inquiries for persons
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who were missing, who had last been heard from at Fort Scott or Independence. About March 10, 1873, a public meeting was held at Harmony Grove school-house, in district No. 30, to discuss the herd law. The matter of so many people being missing, and the fact that suspicion rested upon the people of Osage township, were spoken of. It was said a vig- orous search should be made, under the sanc- tion of a search warrant. Both of the Benders were present. Father Dick said, "Commence the search at my house," and father Dienst responded, "Yes, and go directly from there to my house." Old man Bender, who sat be- tween them, made no reply. About the Ist of March, 1873, Dr. William York had left his home on Onion Creek, in Montgomery county, in search of a man and child by the name of Loucher, who had left Independence for Iowa during the previous winter and had never thereafter been heard of by their friends. Dr. York reached Fort Scott, and started to return about March 8th, but never reached home. In the fore part of April, Colonel A. M. York, with some fifty citizens from Mont- gomery county, started from Independence to make a thorough search for his brother. They went as far as Fort Scott, but could get no clue to the missing man. On their return they visited the Bender place and tried to induce Kate, who professed to be a clairvoyant, to make an effort to help discover the Doctor. But Kate was able to successfully elude their efforts without throwing any suspicion on her- self. That night the Bender family left their place, went to Thayer, where they purchased tickets to Humboldt, and took the north-bound train at 5 o'clock on the following morning. A day or two thereafter their team was found hitched a short distance from Thayer, and ap- parently nearly starved. It was about the Ist 5
of May that a party passing the Bender place noticed the stock wandering around as though wanting care. On going to the stable he found the team gone, and a calf dead in a pen, evi- dently having starved to death. He then went to the house, but found no one there. He no- tified the township trustee, who, with other parties, went to the premises and broke into the house, where they found nearly everything in usual order, little if anything aside from clothing and bed-clothing having been taken. A sickening stench almost drove them from the house. The trap-door in the back room was raised, and it was discovered that in the hole beneath was clotted blood which pro- duced the stench. The house was removed from where it stood, but nothing further was found under it. In a garden near by a de- pression was noticed, and upon digging down the body of Dr. York was found buried, head downward, his feet being scarcely covered. His skull was smashed in, and his throat cut from ear to ear. On farther search seven more bodies were found, all of whom, except one, were afterwards identified by their friends, viz .: Loucher and his little girl, seven or eight years old, buried in one hole; William Boyle, McCratty, Brown, and Mckenzie. The other body was never identified. It is altogether probable that other parties were murdered. whose bodies were never found.
From the victims the Benders seemed to have procured, as far as it was afterwards as- certained, about the following money and property : From Boyle, $1,900; from Mc- Cratty, $2,600; from Brown, $37, a team of horses and a wagon; from Mckenzie, forty cents; from Loucher, $38 and a good team and wagon; from Dr. York, $Io, a pony and saddle. A part of the property which they had disposed of was afterwards recog-
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nized and restored to the friends of the mur- dered men. Those who attempted to follow the Benders became satisfied of the following facts: They took the train at Thayer and all went as far as Chanute, where John and Kate got off and took the M. K. & T. train south, on which they went to Red River, in the In- dian Territory, which was then the terminus of the road. Here they were subsequently joined by the old folks, who seemed to have gone to St. Louis after John and Kate left them at Chanute. Detectives thought they were able to trace their wanderings through Texas and New Mexico. Parties supposed to be the Benders were apprehended in many parts of the country, and several were brought back to this county for identification, who proved to have little if any resemblance to this butcher gang. Two women, supposed to be the old woman and Kate, were arrested in Michigan in 1890, and brought to this county on requisition. On habeas corpus proceedings they were released, the court being satisfied that they were not the Benders. However, some parties who were well acquainted with the Bender family still assert that these were the real Bender women. Several parties who lived near the Benders were supposed to be impli- cated with them in their crimes, and some of them were arrested, but upon examination they were discharged, there not being sufficient evi- dence to hold them for trial. One or two of those thus arrested brought suit for false im- prisonment, and obtained a verdict for a small amount of damages.
VIGILANCE COMMITTEE.
Members of this organization claim that it was formed at Luray, Clark county, Missouri, in September, 1863, by persons living along the
borders of Iowa and Missouri, to protect them- selves from horse stealing and other crimes, and that from there the organization spread to other parts, and among them to Kansas. I am not interested in tracing its origin, but as a matter of public history it should probably be said that on one or two occasions they have made something of a stir in our county.
In August, 1872, a secret organization of many of the citizens in the western part of the county attempted to relieve the county of the presence of a few parties who were then re- siding there, among them William M. Rogers, John Kramer, W. D. McBride, and W. H. Carpenter. These parties were visited at night by masked men and warned to leave the coun- ty within a limited time. Some of them for a time disappeared in answer to this, but it was not long until the better-thinking portion of the community made its sentiments felt, and the proposition to have men's rights to live there determined by a secret council was shown to be too unpopular to succeed. It was deemed best to allow people who were charged with objectionable practices to have a fair chance for vindicating themselves before any sum- mary proceedings were taken to require them to disappear.
On September 9, 1874, delegates from this and several adjoining counties met at Stover school-house, in Fairview township, in grand council. The names of several of our promi- nent citizens, and some of them among the most respectable and conservative, were con- nected with this meeting, and with the organi- zation as then perfected. The business of the meeting was of course secret, but a series of resolutions was passed and given to the papers for publication. The tone of these resolutions indicates that the organization was assuming prerogatives which did not belong to any pri-
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vate organization, whether open or secret. It is quite likely that the organization has ac- complished some good as an aid to the civil officers in taking up and driving from our borders bands of men engaged in larceny and other illegal transactions, and possibly for these services some of its utterances may be over- looked which cannot be justified.
There have been a number of instances in the history of the county in which some of these secret organizations have played quite a conspicuous part in the settlement of criminal transactions, the facts in reference to which I have not within my control, and therefore in reference to them I will not attempt to speak; but it may be said that this county has proba- bly been as free from transactions which can not claim the sanction of law as has any coun- ty in a new State.
CITIZENS' PROTECTIVE ASSOCIA- TION.
In 1879 there were various local organi- zations formed for the purpose of aiding each other in resisting payment of what they claimed to be illegal obligations. Their contention was that they had made loans through loan agents representing Eastern capitalists, and that as the loan was not made until the application
was received in New York and accepted by the money-lenders there, and the notes were made payable in New York, it became a New York contract; and as the notes bore a rate of in- terest greater than was allowed by the law of New York, they were absolutely void under those laws. They received some encourage- ment in the way of legal counsel in the position they had taken, and some few efforts were made to defeat actions which were commenced for the collection of these notes. But the move was not as popular with the mass of the people as the leaders in it supposed it would be, and never resulted in anything more than expense to those engaged in it. A county organization was formed early in its history, of which J. B. Graham, of Jacksonville, was president; A. J. Robertson, of Oswego, vice- president ; J. A. Robeson, of Ripon, secretary ; J. W. Breidenthal, of Ripon, corresponding secretary ; J. O. McKee, of Parsons, treasurer ; T. P. Lane, of Labette City, marshal. These names are given as published at the time in the county papers. It is probable that the object of the organization was somewhat broader than here stated, but it was short lived, and is only mentioned as one of the incidents showing the tendency of public opinion on matters of finance and political economy.
MISHAPS
In every community during a course of years, there are more or less occurrences which are generally regarded as misfortunes, some of which are the results of accidents and some of carelessness or mismanagement. Of these there have been quite a number in the history of the county. A few of these have either come under my own observation, or the knowl- edge of them has come to me while searching for facts on other subjects. I have made no effort to obtain this class of facts, but think it will not be out of place to mention a few of those about which I have learned.
On August 31, 1868, C. A. Kelso and Au- gustus Melvin, while crossing the Neosho in a skiff above the mill-dam at Oswego, ran into a drift which carried them over the dam; Mr. Kelso succeeded in getting to shore, but Mr. Melvin was drowned.
On September 18, 1869, the boiler to the sawmill engine located on Big Hill Creek, in Osage township, burst, and killed Messrs. Waymire and Worley, two of the proprietors.
On April 20, 1870, Wm. Patterson and Henry Bodine were examining a revolver in a street near the Oswego House. The revol- ver was accidentally discharged by Mr. Pat- terson and Mr. Bodine was instantly killed. The deceased was at the time under-sheriff, and his death caused a good deal of annoyance
in 'reference to official papers, as well as trou- ble to his family.
In June, 1870, some parties came to the office of Dr. J. H. Lane, in Elston, in the night- time, and desired him to go several miles in the country to see a sick child. He lighted a lamp to dress by, but it was almost at once blown out, either by a gust of wind or by the parties in the room. He became unconscious. The last that he remembered in reference to this transaction was that he was on his horse going somewhere-he knew not where. When he awoke to consciousness again he found him- self in Missouri, and learned that several weeks' time had elapsed since he left his home. When he left he had quite a large sum of money on his person, most of which was gone when he found himself in Missouri. He was never able to give any account of the cause for his loss of consciousness, nor to intelligently trace his wanderings.
Only a week or two after the mysterious disappearance of Dr. Lane, the county sur- veyor, E. G. Davidson, living near Dayton- ville, mysteriously disappeared, and some time thereafter found himself in Oregon. He was never able to give any more satisfactory ac- count of his trip than was Dr. Lane of his. After an absence of a few months Mr. David- son and Dr. Lane both returned to their homes.
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In the summer of 1871, old Mr. Hart with his little daughter were attempting to cross Pumpkin Creek, at Duncan's ford; the creek was very high, but so strong was Hart's be- lief that he would not die until the second coming of Christ that he drove in, and he and his daughter, as well as the team, were drowned.
In the fall of 1871 two children of Wm. Chatfield, in the north part of Mount Pleas- ant township, were burned to death. While the parents were both away from home, the boys, aged about four and six years, got some matches and were playing prairie fire. The mother, who was at a neighbor's, saw the fire, and started home. The children got into a hen- house built of hay, and shut the door; the fire caught into this, and in spite of the mother's efforts the children were burned beyond rec- ognition before they could be rescued.
On March 13, 1872, C. B. Pratt, postmas- ter at Ripon, was found dead in the road be- tween his home and Chetopa, he having fallen from his wagon and been run over by one of the wheels.
In May, 1878, a family came into Oswego and located in the east part of town, and al- most immediately a part of the family broke out with small-pox; several members died of the disease.
About the middle of December, 1880, while Richard Sloan was painting the Frisco House, at Oswego, he fell from the scaffold and was killed.
In April, 1881, Alexander Bishop lost a number of head of stock from hydrophobia, and a few months after that some 23 head near Edna had to be killed on account of the same malady.
In the summer of 1881 quite a large num-
ber of cattle in different parts of the county died from hydrophobia.
On September 20, 1881, the boiler of a locomotive on the M. K. & T. Ry. exploded near the residence of Ben Roberts, and killed the engineer and fireman and also two other engineers who were running with them, and tore the freight train almost to pieces.
On December 12, 1881. while W. P. Wil- son and his son Thomas J. were crossing Pump- kin Creek, the water in which was then very high, their wagon capsized and young Mr. Wilson was drowned.
On May 13, 1882, a locomotive on the M. K. & T. Ry., while stopping at Oswego, by some means got started while both the en- gineer and fireman were in the depot getting orders. It ran a mile or two north, where it collided with a passenger train and smashed both engines, but killed no one.
On July 24, 1883, Edgar Stonecipher, a little son of Mrs. Sallie J. Stonecipher, died of hydrophobia. A little play dog had a few days before that made a scratch on his hand, which was not at the time thought sufficient to be at all dangerous, but from its effects the boy died.
During the high water of June and July, 1885, travel over the Labette bottom above Parsons had to be by boat. On July 2d Mas- ter Mechanic W. E. Phillips, having Chester Jones and T. Fox in the boat with him, was drawn into a current, and all were drowned.
In July, 1886, the boiler of the National Mills, at Parsons, exploded, and caused a great destruction of property.
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