USA > Minnesota > Renville County > The history of Renville County, Minnesota, Volume II > Part 65
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Thomas I. and Robert M. Foster are the sons of Morris B. Foster, who filed on the first homestead in Hector township. They were born on the old homestead two miles west of Buffalo Lake and except for short intervals, when away at school, have always lived at home on the farm. Both are graduates of the lleetor Iligh School and subsequently attended Hamline University, from which institution Thomas 1. is a graduate. Robert M. is managing editor of the News, while Thomas I. devotes himself largely to looking after the home farm.
Herbert F. Rubey, a well-known newspaper man, was born in Cincinnati, lowa, July 31, 1882, son of William S. and Sarah E. (Fisk) Rubey. William S. Rubey was born in Columbus, Ohio. devoted his life to farming, served four years as a private in Com- pany H, 8th lowa Volunteer Cavalry and died Dec. 25, 1898, at the age of fifty-eight years. Sarah E. (Fisk) Rubey died June 7, 1896, at age of 54. In 1896 Herbert F. Rubey secured employ- ment with the Shenandoah (Iowa) Sentinel. In 1899, still a boy, he entered the employ of the George A. Miller Printing Co., Des
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Moines, lowa. Next he was foreman of the composing room of the Daily Telegraph, Atlantic, Jowa. From 1901 to 1903 he was foreman for the Glidden (Jowa) Graphic. Then he occupied a similar position with the Dennison (lowa ) Review, owned by JJ. P. Connor, M.D. Subsequently he was superintendent for the Car roll (lowa) Times. In 1906, under the firm name of Orchard & Rubey, Herbert F. Rubey, and W. R. Orchard (at present editor- in-chief of the Council Bluffs (lowa) Daily Nonpareil, purchased the Glidden (Iowa) Graphie, and Mr. Rubey became the manager. In 1911 he settled on a farm in Redwood county, across the river from Morton. In September of that year he purchased the Beaver Creek Banner. This he sold in May, 1912, to Ross & Halloran. On July 15, 1912. he purchased from O. W. Smith the Morton Enterprise. which he has since conducted. Mr. Rubey was married Oet. 9, 1904, to Rosa E. Maee, born Ang. 29, 1884, daughter of La Fayette and Mary (Beach) Mace. Her mother died in 1905 at the age of forty-five.
Ernest W. Nobbs, editor of the Hector Mirror, was born Dee. 30, 1886, in Norwich, Norfolk, England, son of Henry and Annie (Living) Nobbs. At the age of five years he emigrated to the United States with his parents and lived in Anoka County, Minne- sota, for eight years. The next two years were spent in Bigstone County and from there the family moved to Annandale, Minn. While living at Annandale he spent his spare time working in a printing office. After the two years the family moved to Hector and while attending High School he spent his spare time in the office of the Hector Mirror and learned the essentials of the print- ing trade under the direction of the editor, Ralph Prescott. Little did he think at that time that he would at some day be the owner and editor of the same paper. Leaving Hector at the age of nine- teen, he went to Minneapolis and worked as fireman in the North- ern Pacific railroad. After a short time on the railroad he av- cepted a position as Foreman in the printing department of the MeClellan Paper Company of Minneapolis, which he held for two years. The next year was spent in college at Minneapolis and then he became foreman of a three-section farm in Canada. The fol- lowing two years were spent in printing offices in Minnesota and South Dakota and after a time came back to Heetor. Since com- ing back to Hector he has not only purchased the Hector Mirror and built up a profitable business, but has also been a potent intlu- nee in the town, having held several important positions, such as secretary of the Commercial Club, Junior Deaeon in the Masonic order, member of the Fire Department, member of the Official Board of the Methodist church and superintendent of the Metho. dist Sunday school.
Phillip V. Ploof, one of the leading editors of Renville County. was born in La Crosse, Wis., Sept. 27, 1884, third son of Mr. and
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Mrs. W. E. Ploof, now of Wykoff, Min. He came to Renville County in 1903, and since that time has been intimately identified with its life and progress. For one year he was editor of the Gibbon Gazette. His life story is told in the story of the growth of the Fairfax Standard. Mr. Ploof was married, Sept. 14, 1912, to Mabel Johnson, the second daughter of Mrs. Carrie Johnson, of Franklin, Min. A little son, John Edward, died in infancy. A daughter. Phyllis Marie, was born Ang. 3, 1915.
Charles A. Heilig, editor of the Danube Review, was born Sept. 22, 1887, in Pipestone County, Minnesota, on the farm of his parents, Charles Heilig and Mina M. Ileilig. He received his early education in the country school of his neighborhood and in 1902 moved with his parents to Mille Lacs county, where they located on a farm near Milara. He attended the Milaca High School. graduating in 1906 and was valedictorian of his class. During 1906 07 he taught country school at Bock, Minn. In the fall of 1907 he entered the college of Science, Literature and the Arts of the University of Minnesota and was graduated in 1912, recejv- ing the degree of B.A. In 1912 he traveled For Northrup, King & Co., of Minneapolis. During the year 1913 he was bookkeeper for the Crescent Wooden Box Co. of Minneapolis. He was principal of Dannbe public school in 1914 and June 1. 1915, became the lessee of the Danube Review.
Julius L. Jacobs was born Dee. 2, 1883. in Upper Beaver Creek, Franklin township, Jackson County, Wisconsin, son of Anna ( Evans) and John S. Jacobs, who were also born in the same locality. Their parents came from Valestrand, near Bergen, Nor- way, in the late forties and early fifties. Julius L. Jacobs attended country school near his home and later attended the Red Wing Lutheran Seminary at Red Wing, Minn. He engaged in teaching and other pursuits until May 7, 1909, when he moved to Franklin. Minn., and purchased the printing and publishing business of Daniel Whetstone, owner of the Franklin Tribune. He has been engaged in that work ever since.
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CHAPTER XXXIX.
BENCH AND BAR.
Early Judicial Affiliation-Territorial Judges-District Judges-Early Courts -Murder Cases-Appeals From the District Court-The Bar-Present and Former Attorneys-Admissions to the Bar-Biography-Written by James McBride George, LL.B.
On June 11 Alexander Ramsey. the first territorial governor of Minnesota, issued a proclamation dividing the territory into judicial districts. The county of La Pointe and the region north and west of the Mississippi and north of the Minne- sota river and of a line running due west from the head waters of the Minnesota to the Missouri river constituted the second of these three districts. Judge Bradley B. Meeker was assigned to preside over this district. Court was ordered to be held at the Falls of St. Anthony, now Minneapolis, on the third Monday of August.
By an act of legislature October 27, 1849, the entire territory was divided into nine counties. Wabashaw county, as desig- nated under this act, was comprised of practically the entire southern half of the present state of Minnesota and the south- eastern portion of South Dakota, thus in- cluding the southern one-half of the pres- ent Renville county.
Itasca and Wabashaw counties were for judicial purposes attached to Washington county to make up a new second judicial district, with Hon. David Cooper on the bench.
Under the same act Dakotah county was created and consisted of all the terri- tory west of the Mississippi, south of a line due west from the mouth of the Clear- water river, east of the Missouri and north of a line drawn due west from a point on the Mississippi opposite the mouth of the St. Croix river. It thus included the north- ern part of what is now Renville county. Dakotah, Wahnahta and Mahkahto were attached to Ramsey county for judicial purposes and constituted the new first ju- dicial district under Judge Aaron Goodrich, who was to hold court at St. Paul annu- ally on the second Monday of April and the second Monday of September.
The legislature of 1851 by Chapter 1 of the Revised Statutes, passed Jan. 1, re- apportioned the territory into new counties. The present county of Renville, under the new distribution, was entirely embraced in Dakota county, which county was again attached to Ramsey for judicial purposes.
By an act passed March 5, 1853, Renville county was embodied in Pierce and Nicol- let counties, and the residents of the terri- tory now composing Renville county were
compelled to seek redress of the law in Nicollet county.
Not until Feb. 20, 1855, was there cre- ated in the territory of Minnesota a county named Renville. This new county included all of the present area and small parts of Neeker, Kandiyohi and Chippewa counties.
The constitution of the state of Minne- sota effective May 11, 1858, provided for six judicial districts dividing the state into six approximately equal parts. The county of Renville, with the counties of Le Sueur, Sibley. Nicollet, Blue Earth, Faribault, McLeod, and Brown, comprised the Sixth district.
During most of its early history court was not held within the county. Citizens who were in pursuit of the due process of law were often compelled to yoke the favorite team of oxen for the long trip to St. Peter or Faribault.
By an act approved March 8, 1860, a new Renville county was created and at- tached to Nicollet county for judicial pur- poses, "until the county officers of said county shall have been elected and quali- fied as contemplated by the act." The act further provided that the county, upon proper organization, should become part of the Sixth judicial district
By the art of March 5, 1862, Renville was detached from Nicollet county for ju- dicial purposes, transferring all Renville county cases from the Nicollet county court to the court of Renville county, with court to be held the first Monday of Oc- tober.
However, on September 29 of the same year, after the Indian massacre, the county was, by act of legislature in the special session, reattached to the county of Nicol- let for judicial purposes and all Nicollet county judicial othicers were given full power in the county.
Renville remained attached to Nicollet county for judicial purposes until 1866, when the act last mentioned was repealed.
In 1861 a part of Renville county was designated as being within the bounds of Lincoln county, created at that time. This was repealed in 1866.
In 1870 an act was passed reestablishing Lincoln county and annexing part of Ren- ville county subject to a favorable election
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held in Renville county. It is not known what was the result of this election, but under the act Lincoln county was to be attached to Renville for judicial purposes which, of course, would result in no change of the place of holding court.
When the ninth district was created March 11, 1870, Renville county was in- cluded therein. tn the middle nineties it was made a part of the twelfth district.
The first judge of the sixth judicial dis- trict was James M. Mckelvey. He served from May 24, 1858 to Dec. 31, 1864, but never held court within the boundaries of the county. A number of Renville county cases during his term of office were heard at St. Peter.
The first term of court within the county was held by Judge Horace Austin at the second story of the Dakota House in Bea- ver Falls in September, 1868. The first court house was not built until 1872. It was of stone and was combined with the county jail: the entire cost of the struc- ture not exceeding $2,000.
The Hon. Horace Austin became judge of the Sixth judicial district Jan. 1, 1865. and held court in Renville county three and one-half years later and in the autumn of 1869. He was followed by the Hon. M. G. Hanscomb of St. Peter Oct. 1, 1869, who occupied the bench in that district only until Dec. 31 of the same year. He, how- ever, was appointed the first judge of the new ninth district March 11, 1870, which position he retained until Jan. 1. 1877. He held his first term in Renville county Sept. 6, 1870, followed by a term each fall there- after.
His successor was E. St. Julian Cox, of St. Peter, who remained on the bench until March 22, 1882. His first term was held in the county March 19, 1878. His last term opened May 24, 1881. In the meantime, however, the Hon. D. A. Dick- inson of Mankato from the sixth district presided over the term beginning Nov. 10, 1879, and the Hon. Wm. Sochren of Minneapolis from the fourth judicial dis- triet presided over the term opening Feb. 16, 1882.
On April 4, 1882, the Hon. H. D. Baldwin of Redwood Falls became judge of the ninth judicial district and held his first term of court in Renville county, May 23 of that year. He held office until Jan. 3, 1883, his last term of court opening Nov. 28, 1882.
Hon. B. F. Webber, of New Ulm, became the next incumbent, Jan. 3. 1883, and held office until some time in October, 1896. He held his first term in the county Jan. 23, 1883. He presided over court in the county the last time Oct. 27, 1896.
In the meantime the twelfth judicial dis. trict had been formed and sometime in 1896 or 1897 Renville was made a part of that district. At the time of this annex- ation Hon. Gorham Powers, of Granite Falls, was judge of the twelfthi. He as-
sumed office Jan. 31, 1890, and died April 15, 1915, shortly after his resignation on account of ill health. His first term was held within the county May 18, 1897; his last term May 13, 1913.
Hon. G. E. Quale, of Willmar, became judge of the twelfth judicial district April 30, 1897, thereby giving the district two judges. He held his first term in Ren- ville county May 17, 1898. Subsequently he held terms in the county Nov. 15, 1898, May 12, 1902, May 9, 1904, May 9, 1910. July 11, 1910, Nov. 10, 1913, May 11, 1914, Nov. 9, 1914, May 10, 1915, and July 12, of the same year. During the last term of office of Judge Powers he was in ex- ceedingly bad health, which made it nec- essary for Judge Quale to take his place in Renville county.
The Hon. Richard T. Daly, of Renville. the successor of Judge Powers, was ap- pointed by Gov. W. S. Hammond, Feb. 25, 1915. His first term was held at Willmar, March 15, 1915.
First Term Held in County .- The first Renville county term of court for the sixth district opened on Sept. 1, 1868. Hon. Hor- ace Austin presiding. The grand jury con- sisted of the following named citizens: George Geiske, John Tracy, C'lement Tret- tar. Russell Butler. George Berry, Walter Cleft, Judson Sealy, M. S. Spicer, Nelson C. Frazier, Willard Drury, Datis Rector, Wolfgang White. Henry Ahrens, Perry Burch, Lemuel Herbert. George McCul- loch, Victor Reike, Henry Dreyer, Louis Thiele. Burt Nichols, Rufus W. Earle, Ho- mer Smith, James W. Butler and Jerome Comstock.
George McCulloch and Russell Butler were excused, and G. P. Greene was added to the list. Rufus W. Earle was appointed foreman. O. T. Tubbs was appointed offi- cer of the jury.
The seven cases on the court calendar were marked as follows: No. 1. George McCulloch vs. Terence Brazeil; stricken from the calendar on motion of Sam Me- Phail, Esq. No. 2. Terence Brazeil vs. John Tracy; marked for trial. No. 3. Jolin O. Payne vs. E. T. Tillottson; marked for trial. No. 4. George Bowers vs. Terence Brazeil; passed. No. 5. George Bowers vs. Terence Brazeil; passed. No. 6. Terence Brazeil vs. John Tracy; for trial. No. 7. Terence Brazeil in name of wife vs. John Tracy; for trial.
On motion of Samuel McPhail, P. H. Swift, who had been admitted June 5, 1867, to the Wisconsin bar, was duly admitted to the bar of Renville county. Case ( No. 4) of George Bowers vs. Terence Brazeil was called for the following morning.
Court duly opened the following morn- ing. Joseph Preston, William Tracy, Henry Blume, Dennis O'Shea, Holder Ja- cobus, Walter Rea, John Dagen, Frank Hall, Carl Holtz, Christian Sperber, C. Rich, James Gaffney, Henry Timms and R. R. Corey were excused from further
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attendance as petit jurors at that term. Case (No. 4) of George Bowers vs. Ter- rence Brazeil was dismissed. Case (No. 5) of George Bowers vs. Terence Brazeit was called and the following jury empan- eled: Joseph Dean, F. Blume, Magner Johnson, James Burch, Joseph Le Baron, Franz Smith, George Bureh, Patrick Ryan, Henry Seely, William Phelps, John A. Bush and A. D. Corey. George Bowers, the plaintiff, and George McCulloch were sworn as witnesses for the plaintiff and the defense rested. The case was argued by P. H. Swift for the defendant and E. St. Julien Cox for the plaintiff. John D. White was sworn as officer of the jury. Cases 6 and 7 were dismissed. In the afternoon the jury brought in a verdiet of "Guilty" in the case of Bowers vs. Bra- zeil. As the case was a civil one, the reader wonders of what the defendant was "guilty," and what was the result of the verdict.
The first indictment of which there is any record in the minutes is that against Jeremiah P. O'Shea, Sept. 7, 1870. He was bound over to the next term.
No court records appear from the Sep- tember term of 1868 to the September term of 1870.
Murder Cases. Like "the annals of the poor," the list of serious erimes in Renville county is brief. Whether this happy state of affairs be due to the inherent lawabid- ing character of its people, or to the well- known vigilance of its police officers, or, what is more likely, to the feeling of con- tentment among its people, "their wants but few, their wishes all confined"-the fact remains that crime is perhaps the only crop that does not grow abundantly on this fertile prairie.
The following cases are related to show that there is some foul seed, however, among the grain and that the weeding- out process is not yet complete.
In 1882 the grand jury indicted Andreas Anderson, living in Henryville, for the mur- der of his wife, Caroline. It appears from the testimony of witnesses that Anderson, on the afternoon of February 22, attempted to shoot his wife, but that the shotgun was taken from him and the load fired into the air by his daughter; that soon after he stabbed her with a pocket knife, from which wounds she died five days later: and that upon capture by a neighbor he had con- fessed to the deed.
At the trial an attempt was made to show that he was insane, but the jury found him guilty of murder in the second degree and he was sentenced to Stillwater for life, a motion for a new trial having been dismissed. In 1891 his sentence was commuted to end August 1 of that year on the grounds that he was probably in- sane at the time of the crime.
In the same year that the Anderson crime was committed, a farmer named Ole Lee was found dead about sundown near
the village of Franklin. He was returning from town, whither he had hauled a load of wheat that day. When found he was lying in the road with a bullet hole in his head. William Henry Eagan, a lad of about fifteen years, was captured on the train next day near Fairfax heading for Minneapolis. He pleaded guilty to the crime and was sentenced to hard labor in state's prison for life Nov. 27, 1882, just seven days after the crime was committed. He received a full pardon Dec. 29, 1892, among the reasons given for his pardon being the fact of his extreme youth, that it was believed he committed the act in self defence, and that he plead guilty under advice of his attorney, and for the reason that the people were "very much exas- perated over another murder in the com- munity."
On April 24, 1886, Albert Reigel, in the township of Beaver Falls, shot Panl Gu- derjohn, otherwise called Henry Schultz, with a shotgun, from which injury the lat- ter died two days later. Indicted for mur- der. Reigel was found guilty by the jury of manslaughter in the second degree.
It appears that the two men had set out from Renville well supplied with liquor fate in the afternoon; and that on the way, both being intoxicated, and while Schultz was lying in the wagon box with a gun nearby, Reigel had touched the gun and it was unexpectedly discharged.
Reigel was sentenced to confinement at hard labor at Stillwater for two years.
A sensational case that created consid- erable excitement at the time was the shooting at Hector of William C. White, an attorney, with a pistol in the hand of Lincoln H. Parker, on the afternoon of July 31, 1888. White died on August 11. His wife, who was a sister of Parker, had died but a short while before, and it seems that the shooting was the outcome of a quarrel that arose between the two men concerning her. Parker had just arrived on the train that day and the affray oc- curred at the post office a short while after. The jury acquitted Parker "by rea- son of insanity."
Charles Howey, a transient farm laborer, was found dead near a livery barn at Bird Island, Jan. 30, 1903. A coroner's inquest held a few days later brought in a ver- dict of death caused by "heart failure due to alcoholism."
At the inquest it developed that Howey had been seen on that day with a large roll of money, amounting to not less than one hundred dollars. When he was picked up in the snow the only money found on his person was a silver dollar and a twenty- five cent piece was discovered nearby im- bedded in the melted snow and ice. Abra- sions on the skin on forehead and nose and a pool of blood in the snow aroused the suspicion of many that he had been foulty dealt with in order to secure his money.
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When, after the jury's verdict, prepara- tions were made to hury the hody, an injunction was secured against the burial and another inquest was held about ten days later. Examination of the vital or- gans showed evidence of inflammation in the region of the brain and a fatty de- generation of the heart. The coroner's jury decided that his death came by rup- ture of the valves of the heart.
Considerable excitement was engendered during the progress of the case, although no evidence of foul play was found. It seems likely, however, that robbery was committed.
William Olson, a transient laborer, was shot in a holdup in a box car at Bird Island, Sept. 4, 1913. With two other lab- orers he was aroused from sleep and his money demanded. . Details of the affair are lacking except that Olson was shot twice from the effects of which he died a short while later. Night watchmen at the depot followed a retreating figure, but he es- caped in the darkness. The murderer has never been apprehended.
On Saturday morning. August 5, 1911. the county seat was stirred by the news of one of the most terrible tragedies in the history of the county. At the home of William Wolff, in the east end of Olivia, lay three dead bodies- father and daugh- ter, and the son of a former neighbor mute but compelling evidence of the night's horror. Beyond the immediate comprehension of the mind-so appalling were its aspects to the townspeople the calamity seemed like some terrible night- mare which could not, perforce, be driven from the mind. Father, honest in life and generous, the afternoon of life suddenly changed to night; daughter, springtime's flower cut down by Time's relentless sickle: youth, so heated in passion, now so cold in death. Misfortune never wore more sombre hue.
At about one o'clock Saturday morning. Mr. and Mrs. Wolff had been awakened by the cries of the daughter, Cora, who orcu- pied an adjoining room upstairs. The father immediately proceeded to the girl's room while the mother hastened to light a lamp. Hearing the report of a revolver. the latter hurried out of the house and summoned the sheriff, the county jail being only a few blocks distant. Together with the village marshal they proceeded to the bedroom, only to find the door closed and I:locked. Two shots rang out and the offi- cers believed they were being fired upon. Forcing the door they entered the room. Three dead bodies met their dumfounded gaze. Mr. Wolff's body had fallen against the door, that of Cora lay at the other end of the room, and across her body that of Edward Corey.
Physicians located three bullets in the hody of the father, two in that of the daughter, and two in Corey's breast. At the inquest held the jury's verdict was that
William and Cora Wolff had been shot and killed by Edward Corey and that the latter had met death at his own hands.
In commenting on the motive for the crime, the Olivia Times relates the fol- lowing: "It seems clear that young Corey was actuated to commit the crime by a desperate love for the girl. It appears he became infatuated with her some time ago and, although she tried repeatedly to avoid him, he continued to force his attentions upon her. They were reared in the same neighborhood and saw much of each other, but it appears she never encouraged him in his wooing or returned his affection. While attending school at Mankato last winter she received a visit from him, and at that time she gave him to understand she did not regard him as a lover. On the day before the murder he had prepared to leave town, intending to go to Montevideo. where he was offered a position. He left his father's home, two miles south of town, in the morning and after coming to town called at the Wolff home, presumably to say goodbye to Miss Cora. She refused to see him and Mr. Wolff ordered him away. Whether he made any threats at this time is not known for a certainty but his ac- tions were such as to alarm Miss Wolff, for shortly afterward she went to see Sheriff Vick and informed him she was afraid Ed would do her harm. Mr. Vick hunted up Ed, who was still in town, and advised him to stay away from the Wolff place, and threatened him with arrest should he repeat his visits there. Ed promised to do as advised. saying that he intended leaving town that day. He did leave, but it appears he went to Hector, where he remained during the afternoon, boarding the westbound evening passenger train. It is supposed he came as far as Bird Island, as he is reported as having been seen at both Hector and Bird Island that evening, and that he walked from Bird Island to Olivia during the night. Upon arriving at the Wolff home he took off his shoes, leaving them upon the porch. and by means of a key which he had secured in some way, he gained entrance to the house. Just what his intention was in go- ing into the house cannot. of course. be known. but it is altogether likely that his mad love for the girl rendered him tempo- rarily insane and that his only thought was to do away with her.
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