USA > Kansas > Anderson County > The history of Anderson County, Kansas, from its first settlement to the Fourth of July, 1876. > Part 7
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speculator got the land for the mortgage : and the land cost the speculator about one dollar per acre. The settler had the gratification of having been the owner of a quarter-section of land for one or two years, and of having put two years' improvements and hard labor on the land to pay for money to pre- empt the same, and to pay costs in a contest in the United States land office. Kansas has been no ex- ception to such controversies and luxuries, common to most new countries.
In November, 1858, a Free State squatters' court was organized in the counties of Linn, Anderson and Bourbon, for the trial of contested land claims, &c. In order to inspire terror, the judge of this court was called "Old Brown, " although Capt. John Brown was in Iowa at the time. Dr. Rufus Gilpat- riek was elected judge of the court. The witnesses in this court were sworn on Dr. Gunn's "Family Physician," as no Bible could be found in the neigh- borhood. None of the cases tried by this tribunal were ever appealed, as it was generally believed that it was a court from which no appeal would lie. Ma- jor Abbott and Rev. Stewart (commonly known as the fighting preacher), went around with this court to enforce the orders and decrees made at its ses- sions. The action of the court was entirely satis- factory to most of the settlers.
On the 16th of January, 1859, ex-Governor Epaphroditus Ransom and 116 citizens of Fort Scott petitioned the Governor to establish martial law in
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Linn, Bourbon, Allen and 'Anderson counties. The first meeting the Republicans of the county ever held was at Osawatomie, on the 18th day of May, 1859. They met in an old blacksmith shop, north of the Osage Valley House. They met for the purpose of electing delegates to the Osawatomie convention, for the organization of the Republican party. The meeting organized by electing W. A. Johnson, chairman, and Alanson Simons, secretary. The following gentlemen were present. Dr. Rufus Gilpatrick, Dr. J. G. Blunt. Henry Nugent, D. G. Watt. John T. Lanter. Jacob Benjamin, George S. King, William Spriggs, G. A. Cook, A. Simons, S. J. Crawford, B. F. Ridgeway, W. A. Johnson and W. F. M. Arny. This meeting appointed Dr. Rufus Gilpatrick and Geo. S. King as delegates to represent Anderson county in the Osawatomie con-
vention. Both Gilpatrick and King were present and participated in the proceedings of the Osawato- mie convention, when the Republican party of the Territory was first organized. Dr. Gilpatrick was on the committee on resolutions, and one of the most active members of the convention.
CHAPTER X.
Attempt to Poison Banta-Trial of Theodore Royer for Horse Stealing-His. Suspicious Disap- pearance-Marriage of Lou. Phillips and Sarah Potter-His Death-Her Arrest for Murder-Ex- amination, Escape, Return, Re-arrest and Trial- Murder of James Lowry-Trial of his murder- crs-Conviction of Ford-His Pardon by the Gov- ernor-Trial and Acquittal of Tusteson and Kuouff -Murder of Mrs. Adaline Duren-Capture and Execution of the Murderer.
IN 1857 a family named Banta settled on the South Pottowatomie, about three miles northeast of Garnett. The members of the family were Henry HI. Banta, his wife Mary O. Banta, and their three children. They came from Wisconsin, and were formerly from New York to that State. Banta was then a young man, vigorous and athletic. He was possessed of a considerable sum of money. He built a house on his claim, and commenced opening a farm, where he expected to make a home for him- self and family. His wife was possessed of beauty and personal attraction. There settled in the neigh- borhood, about the same time, a man named Jere- miah Brown. from Kentucky, possessing neither
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beauty nor talent. money nor personal attraction, but was a sort of uncouth, daring character, represent- ing himself to be a widower. The young wife of Banta. from unaccountable reasons, became attached to Brown. and rumors of their undue familiarity be- . gan to circulate in the neighborhood. About that time Banta was taken ill. and lingered for a long time. It was suspicioned that he was suffering from the effects of poison, and. from the conduct of Brown and Mrs. Banta, it was believed that they had in this manner attempted to dispose of him. The suspicion grew so strong, and the sentiment so. increased against Brown, that he left the county in the night time ; and Mrs. Banta soon after left for California, where she soon after married another man. She left Banta in a helpless condition. He lingered for many months, and partially recovered, with his lower extremities partially paralyzed, which rendered him unable to perform manual labor. Banta afterwards married a widow lady named Po- teet. and now resides in the city of Garnett, almost a helpless invalid.
In the fall of 1857 and the early part of 1858 a class of men came into the Territory for the pur- pose of speculating, having no respect for any one : and, in order to procure stock in trade, commenced borrowing horses in the absence of the owners. One of this class. in the winter of 1858, made his head- quarters on the North Pottowatomie. near the claim of Rezin Porter. His name was Theodore Rover.
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Ile was a young man, about 25 years of age, born in Ohio. Early in the spring of 1858 he commenced to gather in his stock of horses. He went to the house of Samuel McCush, near the town of Berea, and found a horse that suited him, and in the darkness of the night he haltered and quietly rode him away. On the next morning McCush discovered that his horse had been stolen, and soon learned that Rover had been seen in possession of him. McCush then went before D. D. Judy, a justice of the peace, and procured a warrant for the arrest of Rover. G. A. Cook, sheriff. pursued Rover to the town of Bur- lington, arrested and brought him back to Anderson county for trial. Royer had a preliminary examina- tion before D. D. Judy, J. P., who held him in a recognizance to appear for trial at the next term of the court having criminal jurisdiction. Royer was committed to the jail of the county, being unable to give bail. The sheriff kept him under guard for some time at his farm : but the county commission- ers ordered the sheriff to have the prisoner kept at Shannon, the county seat. So) Samuel McDaniel ยท was made deputy sheriff, and Rover was turned over to him, at his home near Shannon, where Mc- Daniel placed Royer in irons. A certain class of men had been clamorous for the hanging of Royer ; and one morning soon after the prisoner was put in MeDan- iel's care it was discovered that Royer was missing. The circumstances were strong that the clamorous persons were guilty of his murder. The remains of
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Royer were never found, but there was no doubt that he had been hung and his remains sunk in the river. The people of the county never justified this outrageous mobbing of a prisoner, and it was regarded as a high-handed outrage against the law of the land.
In the trial of Royer, before Justice Judy, quite a lively and amusing discussion occurred between D. W. Houston, who had been appointed to prosecute, and Samuel Anderson, counsel for defendant, on a motion to set aside the writ, for the reason that the warrant commanded the body of Royer to be brought before the justice, " dead or alive." An- derson, somewhat intoxicated, with the warrant in his hand, addressed the court, reading the warrant to the words, " bring him forthwith, dead or alive ;" then, in a loud voice, said : "Great Jewhilikins ! who ever heard of such a warrant-to bring a man dead or alive ! If this man had been dead and buried three days, the officer must dig him up and bring his stinking carcass before this right honorable court, to answer the charge of horse stealing." Houston re- plied to the argument in an amusing style.
In the years 1859 and 1860 there lived a family on the North Pottowatomie named Alderman, con- sisting of Alderman and his wife. In the winter of 1859 and 1860 a young woman named Sarah Potter came to live with Alderman's family. She was a large, healthy, fine-looking lady. There lived, also. in the neighborhood a young man, by the name of
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Leon Phillips. He was an industrious young man, of good character, and had considerable property. During the winter, through the influence of Alder- man and wife, a marriage was effected between Phillips and Sarah Potter. Phillips and his young wife lived within a half mile of Alderman's, after their marriage, the families visiting back and forth, and to all appearances the newly married couple were enjoying a high degree of marital happiness. Scarcely six weeks had elapsed until Phillips was taken severely sick, and some days afterward doc- tors were called, but Phillips lingered only a few days and died, but before his death the conduct of his wife was such as to create suspicion against her. A few hours before his death she insisted that he should make a will, which he did, willing one-half of his property to his brother in Europe and the other half to his wife. The morning after the death of Phillips, and before he had been deposited in his grave, his wife sent Alderman to consult with counsel to know whether or not the will could be set aside. In about three days after his burial her conduct had been so suspicious that the entire neigh- borhood believed that Phillips had come to his death by foul means ; and a complaint was made before M. G. Carr, J. P., who thereupon empanneled a cor- oner's jury, and had the body taken up and exam- ined by Drs. Blunt and Lindsay, who gave it as their opinion that Phillips came to his death by arsenic poison. The coroner's jury returned a verdict in
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accordance with the opinion of the physicians, and that Sarah Phillips, Henry Alderman and Hannah Alderman were guilty of the murder of Phillips. They were arrested and brought before Justice Hid- den for examination on the charge. The State was represented by W. A. Johnson, county attorney, as- sisted by W. Spriggs and D. W. Houston, and the defense by J. B. Stitt. S. J. Crawford. T. A. Shinn, R. B. Mitchell and Byron P. Avres. On the pre- liminary examination Alderman and wife were dis- charged, but Sarah Phillips was committed to an- swer the charge of murder in the first degree. There being no jail in the county, and none in this part of the Territory, she was kept in charge of the sheriff, under the orders of the county commission- ers. at the Garnett House. For two or three months she was allowed to receive and entertain her friends at the hotel : but one evening after supper, when all was quiet, a buggy was driven into town, and about II o'clock at night it was discovered that the pris- oner had made her escape, and no trace of her could be found. The grand jury that met at the next term of court found an indictment against her for the murder of Phillips.
In 1862 she returned to Kansas, but in the mean- time she had been in Cincinnati, Ohio, and had mar- ried again. She was again arrested, and made a second escape, but was retaken before she got out of the county. At the September term of the court she had employed Wilson Shannon and G. W.
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Smith to defend her : and at their instance the case was removed to Douglas county for trial. She was tried in Lawrence in the fall of 1862. The jury failed to agree, there being nine for conviction and three for acquittal. She was never again brought to trial : being admitted to bail, she fled the country.
The cost of this trial to the county was over three thousand dollars. There was no doubt of the guilt of the prisoner, but owing to many of the witnesses be- ing absent, in the army, she escaped the deserved punishment of the law.
In the early settlement of the eastern part of the county, on Sugar creek, near where H. K. Robin- son now lives, settled a young man by the name of James Lowry. He was an industrious young man. with a wife and three children, and had opened a small farm, built a small stone house, and made other improvements. On the 15th of October, 1861, Lowry came in from his work in his field, went to his stable and took out bis horse to drive up his cat- tle from the prairie, and just as he attempted to mount he received a shot in the back, which pene- trated the spinal chord, causing death in a few hours. The shot was fired by some cowardly assassin from behind a stone wall. He escaped through the brush and timber, and no one saw who fired it. The dastardly assassination caused great excitement throughout the country. The grand jury that convened in the spring of 1862, on investigating the matter, found an indictment against Nelson Tusteson, William Ford,
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E. W. Knouff and Luther Bacon for murder in the first degree. The accused were soon after arrested and confined in the Paola jail until the special term of the district court in July. 1862. The defendants emploved D. P. Lowe. W. Spriggs. J. G. Lindsay. Judge Hall and Samuel Stinson. The State was represented by S. A. Riggs. Wilson Shannon and W. A. Johnson. The case came on for trial at the July term, 1862. and defendants asked for separate trials. William Ford was first put on trial. occupy- ing two weeks, which resulted in a verdict of "guilty of murder in the first degree. He was then sen- tenced to be executed by hanging by the neck till dead, on the 5th of September. following. His case was carried to the Supreme Court, and before the court passed upon the case Governor Robinson par- doned him, which was one of his last official acts ; and there were many surmises as to why the Gov- ernor pardoned him. The State entered a nolle prosequi as to Bacon, to use him as a witness. Knouff was put on trial at the close of Ford's trial, but the jury failed to agree. Knouff and Tus- teson asked for a removal of the case from Ander- son county, which was granted, and the case re- moved to Franklin county for trial, and was tried there in 1863. and Knouff and Tusteson acquitted, on account of so many of the witnesses being absent in the army.
A widow lady named Adaline Duren settled in Garnett in the summer of 1857, with her two chil-
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dren, Junius and Mary L. She was one of the Louisville colony, was about forty-five years of age. quiet. industrious and highly respected. She sup- ported herself and children by her own industry and economy. She resided on Fifth avenue. between Oak and Walnut streets, in the house now occupied and owned by Mrs. S. J. Hamilton. One evening in August, 1864, Dr. Derby was to lecture on the science of phrenology, and most of the people of the town (it being a pleasant evening ) had gone to hear the lecture. Her son Junius was absent in Illi- nois, and her daughter, Mary, at the lecture : she was left alone, sitting by the bureau, reading. After the conclusion of the lecture Mary returned and found the lamp burning, and saw the book she left her mother reading lying on the floor, and the doors open ; and on the floor near by was a pool of blood. but saw not her mother. She at once gave the alarm : and in a short time search was made and the body found at the northwest corner of the house. She was lying on her back, terribly mutilated, her skull broken on the left side, also near the top of the head, and her head was almost severed from the body. On examination prints of a bloody hand were found in several places. A coroner's jury was empanneled and medical witnesses called, who ex- amined the body, and found that she had been out- raged as well, as horribly mutilated. The whole community was startled at this horrible murder and outrage. and every one who could render any assist-
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ance turned out to find who was the perpetrator. The citizens early next morning met at Moler's Hall and organized for the purpose of finding the assassin. Two or three persons were brought in and ques- tioned, but nothing elicited that gave any clue to the murder. In the afternoon some bloody clothing be- longing to a negro named Warren, who was work- ing for D. W. Houston. was found. Warren was brought before the committee in Moler's Hall. and examined in regard to the matter. He then told many different stories concerning the bloody clothing. which were unsatisfactory : and on examination blood was found on his legs and shoes : and finding no sufficient excuse for the same, he confessed the crime, and gave a detailed account of the affair. He said he went to Mrs. Duren's house, where she was sitting by the bureau reading : that he had an ax in his hand, and stepped into the door. before she had time to get up, and struck her a blow on the head and knocked her out of the chair, on the floor, senseless, and then outraged her person; then he got up and stood there a few moments. and she be- came conscious, and got up and went out at the west door, when he went out at the front door and went around and met her at the north end of the house. and struck her another blow with the ax and knocked her down, and then with the blade of the ax struck her on the neck, entirely severing the bone. He outraged her twice after this, then threw the ax over the fence, and went to his room and to bed.
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After this confession the committee decided that in- asmuch as there was no jail in the county, and no probability of the matter being heard by a court soon. and there being no doubt as to his guilt, and the country being in a state of war, that Warren should be taken out and hanged by the neck till dead. He was kept under guard until I o'clock p. m. on the following day, when he was taken to the scaffolding at the jail, then in process of construction, and pub- licly executed by hanging, in the presence of the largest number of persons that had ever assembled in Garnett. It was the work of a mob, but the state of the country, the enormity of the crime, and there being no doubt as to the guilt, were such that the execution was justified by the entire people.
This county has been as free from scenes of mob violence as any county of its age ; but this outrage was more than the people could bear, when in the midst of a struggle that threatened the liberty of a nation, and an invading army of rebels, under Gen- eral Price, sixty thousand strong, within a few miles of our border, which soon after we had to meet on the bloody field of carnage within twenty-five miles of the spot where this crime was committed. Had the country been at peace, our citizens would not have consented to the hanging : and it can only be justified on the ground that three-fourths of all the able-bodied men were absent in the service of their country, and their wives, mothers and daughters were at home, almost without protection, and at the
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same time many characters of Warren's kind were roaming about the country. It was a time when we could not fight the enemy and protect our families from such assassins, and guard our mothers, wives and daughters against their fiendish outrages. We recognize the fact that mob violence is terrible at any time : but this was its sternest phase, and a part of the history of our county, and we cannot now avoid giving it.
CHAPTER XI.
First Tax Levy- Valuation on First Assessment -Appointment of County Superintendent of Public Instruction-Location of Territorial Roads-Elcc- tion of Delegates to the Wyandotte Constitutional Convention-Adoption of the Constitution-Organ- ization of Political Parties-Election of State and County Officers-Drouth of 1860, etc.
AT a meeting of the board of supervisors on the 25th day of September, 1858, the following order was made and entered on the journal :
" By order of the board. the clerk of the county board
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of supervisors of Anderson county is hereby authorized to correct any mistakes that may be discovered by said clerk in the proceedings of said board. and also to do all duties required of him by law. between this and the next meeting of said board."
At this meeting the first tax levy for county pur- poses was made : Six mills on the dollar on all the taxable property. as shown by the tax roll of 1858. for county purposes : two and one-half mills for school purposes : and one and one-half mills for road purposes. The aggregate valuation of taxable property in the county in 1858 was as follows : Mon- roe township, $69,568.50; Walker township. $36,- 888.00: Reder township. $26,355.00: Jackson township, $24.737.00 : Washington township, $20 .- 610.00 : total. $178,158.50.
This was the first assessment made in the county. that is of record. There had been assessments made prior to this, but were not recorded.
On the 16th of November, 1858, the board of county supervisors recommended John R. Slentz to the Governor as a suitable person to fill the office of county superintendent of public instruction, and re- quested his appointment. On the 20th day of No- vember. 1858. the Governor commissioned him as superintendent of public instruction for Anderson county. He qualified, and was the first county su- perintendent. Ile was a minister of the gospel, and a christian gentleman, and made an efficient super- intendent.
At the November session of the board of super-
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visors petitions were presented for the location of live Territorial roads. One petition, signed by W. F. M. Arny and twenty-five others, for a road from a point on the Missouri line, east of Moneka, Kan- sas : thence west through the counties of Linn, An- derson, Coffey, Madison, Breckenridge and Wise, on mail route No. 15007. The board appointed James R. Eaton as commissioner to meet with com- missioners of other counties at Moneka on the third Monday in January, 1859, to locate the road. A petition signed by W. F. M. Arny and twenty- five others, for the location of a road from Law- rence to Humboldt, through Prairie City, Ohio City. Fairview and Hyatt, on mail route No. 15034. The board appointed Leander Putnam to meet with com- missioners of other counties on the third Monday in January, 1859, to locate said road. A petition of W. F. M. Arny and twenty-five others, asking for a road from Osawatomie, Lykins county, to Neosho City, through Anderson and Coffey counties, on mail route No. 15023. The board appointed Darius Frankenberger as commissioner to meet with com- missioners of other counties, on the third Monday of January, 1859, at Osawatomie, to locate the road. A petition signed by W. F. M. Arny and twenty- tive others, for a road from the Sac and Fox Agency to Cresco, to intersect the road from Jefferson City to Council Grove, on mail route No. 15007, and the road from Osawatomie to Neosho City, on mail route No. 15023. The board appointed as commis-
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sioner A. Wycoff. to meet with commissioners of other counties at Sac and Fox Agency, on the third Monday in January. 1859. to locate the road. And a petition of W. F. M. Arny and twenty-five others. for a road from the Osawatomie road, at Hyatt, to Le Rov. The board appointed Charles Hidden as commissioner to meet with commissioners from other counties at Hyatt, on the third Monday of January. 1859, to locate the road asked for. The board, af- ter appointing the commissioners, made the follow- ing order :
. In reference to the above petitions, it is ordered that. where roads have already been located on any of the above specified routes that the counmissioners be directed to adopt them."
All these roads were asked for by Arny in the in- terest of the town of Hyatt, with a view of taking all the principal roads through Hyatt and around Garnett. as these towns were rivals for the county seat. The old maps of the Territory show all these roads as centering at Hyatt, and not one as passing through Garnett or Shannon.
Arny was an active worker, and up to that time had succeeded in getting three mail routes through Hyatt, while Garnett had not even a postoffice. Arny managed to get the line of travel from Osa- watomie to Hyatt along the meanderings of South Pottowatomie, passing Garnett about two miles on the south, and the travel from Lawrence to Cofa- chique and Humboldt. by Fairvew, crossing the
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Pottowatomie at Adington's crossing, near the resi- . dence now of Wm. Rebstock, passing on the west side of Cedar and crossing that stream west of Hyatt.
On the fourth Monday in March. 1859, an elec- tion was held in each township for the election of township officers, at which election a new board of supervisors was elected, and J. F. Wadsworth, Johu L. Adington, C. W. Fraker, James R. Eaton and John B. Dildy were elected chairmen of the township boards, and constituted the supervisors of the county. On the roth day of May, 1859. they organized by electing J. F. Wadsworth chairman ; and on the same day Ozark township was organized, and G. W. Sands was elected chairman of the township board of supervisors, and consequently became one of the county board of supervisors.
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