USA > Kansas > Wyandotte County > Kansas City > Wyandotte County and Kansas City, Kansas. Historical and biographical. Comprising a condensed history of the state, a careful history of Wyandotte County, and a comprehensive history of the growth of the cities, towns and villages > Part 26
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"One of those delightful zephyrs peculiar to Kansas was making everything 'hum' the morning Judge Pettit first opened court in Wyandotte, and after climbing up to the court-room, which was on the fourth floor, he was nearly out of breath, being a much fatter man than Philip Hescher, though not so tall. Just as he began to call the docket an unusually stiff breeze sprang up, which made the structure tremble from foundation to turret. When the building began to vibrate he said, 'Mr. Sheriff, can't you get some room on the ground in which to hold court?' The sheriff replied that there was no room large enough unless he took one of the churches. Just then a little stiffer breeze came, and the Judge fairly roared, 'Mr. Sheriff, adjourn court until 2 o'clock and get a church, * * take a church!' * and started for the street, but had scarcely gotten half way down when some one cried out, 'the building is falling!' The crowd made a rush for the stairway, and soon the old judge found himself crowded and pushed to the door, where he barely escaped injury from the brick and debris of the falling building."
Judge Pettit was succeeded by Hon. William C. McDowell, judge of the First Judicial District of the State. He served until the close of 1864, and was succeeded by Judge David J. Brewer, who served for the next four years, until 1869, and until Wyandotte County became a part of the Tenth Judicial District. The court was then presided over for the year 1869, by Judge John T. Burris, of the Tenth Dis-
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trict. In 1870 Hon. Hiram Stevens became judge of the Tenth District, and served as such until 1882. He was succeeded by W. R. Wagstaff, who served until 1886, when James C. Hindman became the judge, serving until Wyandotte County was made the Twenty- ninth Judicial District in 1887. When this district was formed the Hon. O. L. Miller was appointed judge thereof, and in the fall of 1887, he was elected to the office and is now the present incumbent.
Judge William C. McDowell. the first one that served under the State organization, lived at Leavenworth. In politics he was a Demo- crat and a man of fine legal attainments. Soon after the close of the Civil War, about 1866, he visited St. Louis on business, and there fell from the driver's seat of an omnibus and was killed. Judge David J. Brewer also lived at Leavenworth. Some time after serving as dis- trict judge, he was elected to serve on the supreme bench of the State of Kansas. Subsequently he was appointed and served as a United States circuit judge, and is now serving as a member of the Supreme Court of the United States. Judge John T. Burris lived at Olathe, in Johnson County, when he served as judge of Wyandotte District Court. He still lives at that place, and is now judge of the Tenth Judicial Dis- trict. He is a man of sound ability, and is accredited by some as being the best judge who ever sat on the bench at Wyandotte. The home of Judge Hiram Stevens is at Paola, in Miami County, but his law office is in Kansas City, Kas. He served as judge of the court for twelve years. In politics he is a Republican. Judge Wagstaff also lives at Paola and is a Democrat. Judge Hindman lives at Olathe, and is a Republican. O. L. Miller, the present judge of the court, living in Kansas City, Kas., is a Republican politically. All of the judges of this court since the State was admitted into the Union are living, excepting Judge McDowell.
The following is a list of the names of the resident attorneys now composing the Wyandotte County bar: D. B. Hadley, John A. Hale, John D. Scroggs, H. L. Alden, Henry McGrew, C. F. Hutchings, L. W. Keplinger, J. O. Fife, Henry McGrew, William S. Carroll, Nathan Cree, A. H. Cobb, J. P. Clark, Winfield Freeman, W. H. H. Free- man, S. M. Garatt, W. J. Buchan, William E. Stevens, Hiram Ste- vens, E. J. Wall, G. B. Watson, W. E. Vandewater, D. J. Maher, W. T. McGuinn, J. B. Harris, W. A. Snook, H. P. Vrooman, T. P. An- derson, A. W. Karges, F. D. Mills, Thomas J. White, B. Jacobs, J. H. Blythe, L. C. Spooner, K. P. Snyder, W. J. Morse, T. E. Thomp- son, Frank Pitman, Frank A. Leach, John E. McFadden, Samuel S.
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Marsh, T. B. Jewell, T. W. Heatley, James S. Gibson, James F. Getty, G. D. Herring, J. W. Jenkins. J. D. Lewis, N. H. Loomis, G. W. Littick, W. H. Littick, A. L. Berger, J. McCabe Moore, J. M. Mason, N. M. Purviance, B. S. Smith, I. F. Bradley, L. C. True, August Barthel, J. W. Baldwin, F. D. Hutchings, D. B. Vansyckel, C. E. Cook, N. A. Robertson, U. Hoyt, J. M. Searles, A. H. Kaylor, J. W. Lord, L. L. Sebille, J. M. Asher, T. A. Pollock, D. H. Morse, R. F. Porter, J. A. Appel, Joseph Combs, William T. Reed, J. J. Ketcham, Bruno Hobbs, John C. Hall and James M. Reese.
This is a very large and representative bar, among the members of which are found many of rare legal and judicial ability and attainments.
The first session of the Wyandotte District Court was held in Con- stitution Hall, in Wyandotte, the record of which read as follows: "THE TERRITORY OF KANSAS, ss.
COUNTY OF WYANDOTTE. -
Be it remembered that at a district court for the Third Judicial District of said Territory, sitting within and for the county of Wyan- dotte, begun and held at the court-house in the city of Wyandotte, in said county, on and from the sixth Monday after the fourth Monday in April, A. D. 1859, to wit: On the sixth day of June, one thou- sand eight hundred and fifty-nine. Present, Hon. Joseph Williams, presiding judge."
The first action of the court was to approve of the appointment of William Roy as deputy clerk of the court. N. C. Claiborn, D. E. James and E. W. O. Clough then severally applied to the court for admission to the bar as practicing attorneys and solicitors in chancery, and having produced to the court satisfactory evidence of their quali- fications as such, they were admitted, and each took the oath required by law. The first civil case on the docket, Gottlieb Kneipfer vs. George Lehman, was then dismissed on motion of the plaintiff, and at his cost.
The first grand jury was then empaneled, consisting of William Walker, foreman; R. M. Gray, Christopher Snyder, John Collins, R. L. Vedder, George W. Veal, J. N. Cook, Valorious Rice, James McGrew, Frank Betton, Charles E. Sawyer, S. S. Bradey, Alfred Robinson, George Parker, Joseph W. N. Watson, Chester Coburn, David H. Toomb, Darius Crouch and James W. Craft. Upon being duly sworn and charged by the judge as to their duties, they retired to their chamber to consider such matters as might be brought before them.
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Among other civil actions the case of Lois Kinney vs. Charles Robinson, Abelard Guthrie, Samuel N. Simpson, doing business under the style and description of the Quindaro Town Company, and Charles H. Chapin, Otis Webb and Samuel N. Simpson was called, and the defendants defaulting, judgment was rendered against them in favor of the plaintiff in the sum of $393.25 and the costs in the matter expended. This was the first judgment for money rendered by the court. After transacting some other business the court adjourned until Wednesday, June 8, when, after convening, Charles S. Glick and Daniel B. Hadley were appointed master commissioners for the county. Both of these gentlemen then filed their bonds in the sum of $1,000 each, and otherwise became qualified for the duties of their offices. On this day S. A. Cobb, Jacob S. Boreman, Thomas J. Williams and M. D. Trefren severally applied to the court for admission to the bar as practicing attorneys and solicitors in chancery, and upon the pro- duction of the proper evidence were admitted and qualified accord- ingly. Also on this day the grand jury, by their foreman, presented in open court the following:
"To the Hon. Joseph Williams, Associate Judge of the Territory of Kansas, and Judge of the Third Judicial District :
"The grand jury for the county of Wyandotte and territory afore- said beg leave to make the following report: That there is no jail in said county or place for the confinement of prisoners, and would recommend that the county commissioners procure a suitable place for the confinement of prisoners.
(Signed) WILLIAM WALKER, Foreman."
Whereupon the court ordered the report to be spread upon the record of proceedings, and also ordered the clerk to transmit a certi- fied copy of the same to the board of supervisors doing county business.
On the third day of the term, cases were docketed against C. N. H. Moor and John. D. Brown for the offense of "selling liquor." At this time his honor, Jacques W. Johnson, judge of probate, was hold- ing court in an adjoining room, while under the influence, it is said, of alcoholic liquors. "D. B. Hadley and 'Billy ' McDowell were earnestly engaged in arguing an important case in the district court, when Judge Johnson called the case of Lewis M. Cox as administrator vs. Margaret Getsler, in the probate court. This case elicited great interest, as two women appeared in court, each claiming to be the lawful wife of the deceased, Andrew Getsler. The assets of the
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estate consisted of one small house, several barrels of Monongahela whisky, besides numerous jugs, bottles and demijohns of liquor. The little house just west of the old Brevator building was the one owned by the deceased, but possession of that portion of the estate had but little attraction in comparison with the desire to secure con- trol of the liquid portion of it. The attorneys were Gen. A. C. Davis *
* and Col. G. W. Glick. * * These gentlemen entered into the contest with spirit, and the case was conducted in , such a manner as to create a feeling of bitterness in the minds of counsel toward each other; the result was the trial partook more of the nature of a personal quarrel between attorneys than of a trial in a court of justice. Gen. Davis was probably one of the finest orators that ever addressed a court in Kansas, and as he warmed up with his case be became very eloquent. Glick, fearing the impression Davis would make on the jury if permitted to proceed with his argument, attempted to badger him. As counsel grew excited it was impossible to proceed with business in the district court on account of the noise. Judge Williams ordered the sheriff to notify the probate judge if he did not keep better order he would arrest him for contempt. Judge Johnson, on being so informed by the sheriff, sent back word to Judge Williams that he did not recognize his authority to interfere in affairs of his court, and that he had better not, if he did not want to be sent to jail for thirty days. . Just at this juncture of affairs Vol Rheincher and John Moody, at that time boys about seventeen years of age, passed by the hall playing Yankee Doodle on a drum and fife; Judge Williams being passionately fond of music sang out, 'Mr. Sheriff adjourn court until 10 o'clock to-morrow morning,' and making a dive for his hat, at the same time disappeared down the stairs and followed the boys around in the hot sun until he was literally exhausted, thus happily preventing a conflict of authority between the district and pro- bate courts." [History of Wyandotte, Birdsall, Williams & Co. ]
On the fourth day of the session Philip B. Hathaway, upon appli- cation, was admitted to practice as an attorney at law and solicitor in chancery in the several counties of the Territory. The same day a case was docketed, upon an indictment, against John F. Wise for the offense of "keeping a dram-shop." Thus it appears that the conflict between temperance and intemperance began in the first term of the Wyandotte District Court. The conflict still goes on, but the heavy fines now assessed for the violation of the liquor laws show that the cause of temperance generally wins. At this first term of court John
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Burk, Thomas Purtie and Francis Tracy, natives of Ireland, and John Link, a native of Prussia, were, upon application, naturalized as citi- zens of the United States.
The first term of the Wyandotte District Court continued in ses- sion seven days. Many civil and a few criminal cases were docketed, nearly all of which were continued. The attorneys admitted and com- posing the bar were Daniel B. Hadley, D. A. Bartlett, Glick, Bartlett & Glick, W. L. MeMath, J. W. Wright & Son, William Roy, D. E. James and B. O. Demming.
The original official seal of the Wyandotte District Court consisted of a green wafer seal, with the picture of some species of plant there- on, but without any letters or figures whatever. Afterward, in Febru- ary, 1860, a new seal, containing the picture of a balance and the words "First District Court, Territory of Kansas," was adopted.
The first petit jury empaneled in the county was composed as follows: V. J. Lane, foreman; Matthew Mudeater, Hugh Gibbons, Perley Pike, Elisha Sorter, Elias S. Busick, Leonard Lake, David Pearson, W. D. Ferguson, Daniel Croyle, Thomas Sherman and C. H. Carpenter.
The probate records of the county show that some probate busi- ness for persons living within the Wyandotte purchase was trans- acted while it belonged to Leavenworth County; the first letters of administration having been issued May 11, 1857, to Charles B. Gar- rett, upon the estate of Henry Garrett, deceased. The first probate business transacted in Wyandotte County was the granting of letters of administration, on April 5, 1859, to Mis. Josephine S. Cann, on the estate of her deceased husband, William B. Cann. Catharine Warpole was the first guardian appointed in the county, she being appointed April 22, 1859, as guardian of James, Daniel and Lydia Warpole, minor heirs of Catharine M. Warpole, deceased. These minor heirs were the first wards in the county. On April 28, 1859, John H. Miller was appointed curator of the estate of John Warpole, deceased. Jacques W. Johnson was the first probate judge of the county. A list of all of his successors appears elsewhere in this work under the head of "county officers."
In 1845 Silas Armstrong, a member of the Wyandotte tribe of In- dians, selected 640 acres of Government land, by virtue of Article 14 of the treaty made between the United States and his tribe in 1842. The land he selected is now a part of the site of Kansas City, Kas., and was originally bounded "north by the Missouri River, east by the
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Missouri State line, south by the Shawnee Reservation, and west by the Kansas River." In June, 1845, Mr. Armstrong took possession of the land, and continued to assume control of it, and made cer- tain improvements thereon, but failed to procure title for the reason that the same tract of land had been reserved in a treaty previously made with the Shawnee Indians for the building of a fort. But, as the Government did not utilize the land for that purpose, Mr. Armstrong continued to hold and control it, apparently with the hope that he would at some future time obtain his title. Again, in 1855, he selected the same tract under the ninth article of the treaty of March 1 of that year, and gave notice of the fact, dated March 14, 1855, to the commissioner of the general land office at Washington, and in due time he received a patent from the Government for the land. Meanwhile other individuals had selected portions of this land, and had settled or squatted thereupon, and had made some improvements and claimed title adverse to Mr. Armstrong.
This tract of land has been the subject of much litigation, which has created a great deal of excitement on account of its great value, having become partially covered with the city. Among the cases of litigation the most important one, and the one which settled the ques- tions of ownership, is that of Willis Wills, Jr., and others vs. George B. Wood and others. This action was brought in the Wyandotte Dis- triet Court, July 21, 1874, by Willis Wills, Jr., and other heirs of Willis Wills, against George B. Wood and numerous other defendants. It was tried by the court in July, 1876, when findings of facts were made as follows:
" (1.) That Willis Wills, Sr., the ancestor of these plaintiffs, did, in 1854, file his intent to pre-empt the land in suit, in the proper land office; that afterward one Silas Armstrong obtained a patent from the United States to the same land, with other lands adjoining thereto. ` (2.) That to enable the said Willis Wills (together with others inter- ested, who claim title to this and other lands included in said patent) to compromise and settle all disputes in relation to such land of the said Willis Wills, Sr., with the said Silas Armstrong, the said Willis Wills, Sr. did, on the 8th day of July, 1858, join in a power of attorney to one David E. James, whereby the said James had full and ample power and authority to settle and compromise with the said Armstrong all suits involving the title to such land, and to compromise and settle with said Armstrong all questions in relation to such title. (3.) That on the 10th day of July, 1858, the said Willis Wills, Sr., and
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his wife, Mary Jane Wills, made, executed, and delivered to the said David E. James a quit-claim deed to all the interest that they then had in such land, for a good and valuable consideration. (4.) That on the 14th day of October, 1858, the said Willis Wills, Sr., died, leaving surviv- ing him the wife and several children, plaintiffs herein. (5.) That on the 18th day of June, 1859, the said David E. James attempted, as the agent of the said Willis Wills, Sr., and by virtue of said power of attor- ney, to compromise with the said Silas Armstrong in relation to the said claim of Willis Wills, Sr. (6.) That by such attempted compromise the said David E. James obtained from said Armstrong a deed to one three-eighths interest in a portion of said land, and a one-half interest in certain other portions of the same, and that the title thereto was taken in the name of said David E. James. (7.) That in such deed no mention is made of the interest of the said Willis Wills, Sr. (8.) That the sole and only consideration for such deed was the deed at the same made by the said James to said Armstrong of the bal- ance of the interest in and to said land claimed by the persons so exe- cuting such power of attorney. (9.) That in pursuance of such com- promise the suits and legal proceedings pending in court in relation to the title to such lands were dismissed; and that afterward a suit between said Armstrong and the widow and heirs of said Willis Wills, Sr., involving the title to said land, was revived and a judgment of such court was obtained against the defendants therein; that the last- named judgment remains unreversed. (10.) That in the year 1858 the said David E. James took possession of the land in suit, and has occu- pied the same, by himself, heirs and grantees ever since. (11.) That the said deed from the said Willis Wills, Sr., and wife, dated July 10, 1858, to the said David E. James, was not certified to have been acknowledged before any person until the 21st day of July, 1859, when such certificate of acknowledgment was made by one Luther H. Wood, then a justice of the peace in and for Wyandotte, who certified that the said Mary J. Wills acknowledged the same to be her act and deed, and that one George B. Wood, who signed the said deed as wit- ness thereto, proved that the said Willis Wills, Sr., acknowledged the execution of such deed at the time that he so signed same. (12.) That said last-mentioned quit-claim deed was placed upon the records of deeds for said county on the 23d day of July, 1859. (13.) That the plaintiffs herein had notice of the existence of such last-mentioned quit-claim deed from Willis Wills, Sr., and wife, to the said David E. James, since the year 1860. (14.) That there is no proof of fraud in
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the execution of such deed; but there is a suspicion of such fraud, but not founded upon the evidence. (15.) That the said George B. and Luther H. Wood had some claim to and interest in said land at the time said David E. James so acquired title thereto, and which claim and interest they derived from and through the said David E. James. (16.) That said power of attorney was revocable by the majority thereto. (17.) That said power of attorney was not coupled with an interest in the said David E. James, either by the terms of the power or otherwise."
As conclusions of law from the foregoing findings, the court found as follows:
"(1.) That said deed of July 10, 1858, revoked the said power of attorney, so far as the said Willis Wills, Sr., conferred power upon said David E. James. (2.) That, if said deed did not so revoke such power, the death of Willis Wills, Sr., did have that effect. (3.) That there was no fraud in the execution of such deed. (4.) If there was fraud in same, all remedy therefor is barred by the statute of limitations. (5.) That the plaintiffs can not recover in this suit, but that the de- fendants do recover their costs herein expended."
Judgment was thereupon rendered for the defendants, where- upon the plaintiffs took an appeal to the Supreme Court. James M. Mason was attorney for the plaintiffs, and O. H. Dean and Wal- lace Pratt were attorneys for the defendants. At the July term, 1882, the case was tried in the Supreme Court, and the findings of the lower court were all sustained excepting the one numbered fifteen, con- cerning the interest of George B. and Luther H. Wood in the land in question. On this finding the Supreme Court said: "We have searched the record through for any evidence to support this finding." The gist of the matter seems to have been the validity of the deed alleged to have been executed on July 10, 1858, by Willis Wills, Sr., and his wife, to David E. James. On this point the Supreme Court said: "If this deed is genuine and valid, plaintiffs have no cause of action, and this they concede. This deed, as stated, was dated July 10, 1858, and was signed in the presence of George B. Wood as a witness. The acknowledgment is of date July 22, 1859, before Luther H. Wood, a justice of the peace, and recites a personal acknowledgment by Mary Wills, and certifies to proof by George B. Wood, the witness, of an acknowledgment by Willis Wills, then de- ceased. This deed was recorded July 23, 1859. This action was commenced July 21, 1874. Willis Wills died October 14, 1858, leav-
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ing as his heirs a widow and children, who are the plaintiffs in this action. The plaintiffs in their petition copy this deed of July 10, and allege that it is a forgery. *
* * We shall content ourselves with stating in a general way the reasons which induce us to sustain the rulings of the district court in favor of the genuineness of the deed and of the validity of the transaction. And, first, as to the lapse of time. The deed was dated and signed July 10, 1858, and was re- corded July 29, 1859. This action was not commenced until July 21, 1874, two days less than fifteen years from the recording of the deed. While Mrs. Maples (formerly Mrs. Wills) testified that she did not know that the instrument signed by herself and husband was a deed until a year before the commencement of this action, yet it is abun- dantly shown by the testimony of her daughter and present husband, that at least in 1860 she knew that James claimed to hold a deed of the land. No excuse is given for this long delay, neither ignorance, ab- sence, nor inability. *
* * No reason is given or suggested, why, during all these years, the plaintiffs were silent. Having abandoned the land, left it in possession of defendants, and permitted sale after sale, the only reasonable theory is that the plaintiffs all these years knew that the facts were as now claimed by the defendants, and never moved in the matter until prompted by unexpected changes in value or suggestions of ingenious counsel. Counsel criticise, and perhaps justly, some of the language used by the district court in its findings, as well as the findings themselves, but, notwithstanding, we think the general conclusions of the district court were correct and must be sus- tained."
After further reviewing the evidence and discussing the matter, the Supreme Court affirmed the judgment of the lower court, all the justices concurring.
A matter involving the title to thirty-three acres of land in the residence part of Kansas City, Kas., and cansing several law suits, is of such importance as to require mention here. The land in ques- . tion lies in the southwestern part of the old city of Wyandotte (now Kansas City), south of and adjoining Tau-roo-mee Avenue. On April 22, 1881, H. C. Long, the joint owner with his wife of this land, signed a written agreement to sell the same to B. Gray for the sum of $8,000, to be paid as follows: "$500 by the 28th of April, inst., $1,500 in three months from date, and the balance $6,000 in three years, with interest at 8 per cent." Gray agreed to make payment as above, and to pay Armstrong's commission, not exceeding $100. Also by the
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