Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties, Part 122

Author: Goodspeed Brothers
Publication date: 1890
Publisher: Chicago, The Goodspeed publishing co.
Number of Pages: 820

USA > Nebraska > Adams County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 122
USA > Nebraska > Clay County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 122
USA > Nebraska > Hall County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 122
USA > Nebraska > Hamilton County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 122

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

725

HAMILTON COUNTY.

court dismissed; Jannary 13, fixed pay of superin- tendent at $3 per day; February 23, on request of D. P. Wilcox, board began re-examination of books of W. L. Whittemore, ex-county clerk; February 24, issued summons to W. L. Whittemore to ap- pear and make further report; February 25, on examination find $789.52 due county from Whitte- more; April 19, settled in full with Whittemore; September 24, E. J. Hainer employed to prosecute T. C. Klumb, ex-county clerk, for fees not reported; January 10, 1883, incorporated village of Hamp- ton, with the following trustees: E. D. Foster, S. W. Holden, D. M. Zook, Levi Cox, M. E. Gerdes; February 14, George W. Pierce resigned as com- missioner Second District, and S. N. Case appointed; February 28, county clerk ordered to purchase for the county all lots heretofore sold in Orville City, to clear title of "poor farm," price not to exceed amount received for same by the county; March 30, fixed per diem of superintendent at $3.25; Sep- tember 4, ordered the submission of question of township organization at next general election; January 10, 1884, contracted with Ira Longcor for building poor-honse; April 4, W. K. Ream, county judge, requested to report fees, refused to do so in order to test constitutionality of the act; A. J. Rit - tenhouse ordered to take steps to compel rendition of report; May 29, Marquette incorporated-trus- tees, Elias Farr, J. W. Ward, J. J. Farley, C. F. Berry, Reuben Cox; June 10, incorporation of Marquette annulled; August 6, poor-house estab- lished on south half of the northeast quarter of Section 22, Town 9, Range 6; September 16, Phil- lips Precinct established with the following boun- daries: "Commencing on town line between Town- ships 10 and 11, on line dividing Hamilton and Merrick Counties, running thence east to the south- east corner of Section 31, Town 11, Range 7, thence north to the county line, dividing said coun- ties, thence southwest along said county line to the place of beginning; " January 16, 1885, Hainer & Kellogg employed as county attorneys at $400 per annum; fixed salary of superintendent at $900.

January 28, established the following road dis- trict boundaries: No. 38 .- Sections 20, 21, 28, 29, 32 and 33, Town 11, Range 7; No. 39 .- Sec-

tions 19, 30, 31, Town 11, Range 7, and Seetions 23, 24, 25, 26, Sections 35 and 36, Town II, Range 8; No. 40 .- Sections 4, 5, 8, 9, 16, 17, Town 11, Range 7, and Sections 32 and 33, and fractional Sections 28, 29 and 21. Town 12, Range 7; No. 50 .- Sections 34, 35, 36, 25, 26, 27, 22, 23, 24, 13, and fractional Sections 14, 15, 11 and 12, Town 12, Range 7; No. 59 .- Sections 22, 27, 33, 34, and fractional Sections 21, 28, 29, 31 and 32, Town 11, Range 8; No. 60 .- Sections 13, 14, and fractional Sections 1, 10, 11, 12, 15 and 16, Town 11, Range 7, and fractional Sections 30 and 31, Town 12, Range 7; March 3, settled with T. C. Khumb in full for fees; May 19, grand jury having condemned jail as unsafe, resolved that a proposition be submitted to the electors, as therein recommended, for the building of a jail, and pro- vided for commissioners visiting other jails in the State; June 2, appropriated $250 for securing con- viction of band of outlaws supposed to exist in the county; June 15, special term of district court requested, to try seven prisoners apprehended in the county; Western Union Detective Association employed to secure conviction of above band, and Hainer & Kellogg employed to proscente them; July 7, $350 additional to the $250 heretofore ap. propriated for payment of detectives, having secured conviction of six of the outlaws; October 7, proposition to appropriate $7,000 for building jail, ordered to be submitted at the general elec- tion November 3, 1885, and to appropriate $3,500 to build addition to conrt-house; the proposition was defeated by the following vote: On jail prop- osition, for 404, against 1,325; court house prop- osition, for 80, against 1,603; February 2, 1886, death of Commissioner S. N. Caso announced and suitable resolutions adopted; February 12, J. A. Kirk appointed to till vacancy; salary of superin- tendent fixed at $1,000; E. J. Hainer appointed county attorney for 1886, salary $400.

February 9, boundaries of commissioner's dis- tricts confirmed as heretofore made; April 19. board convened by call of L. W. Shuman, acting clerk, announcing the death of J. M. Lanrie, county clerk, April 17, 1886; suitable resolutions adopted; R. H. Peard appointed to fill vacancy;

726

HISTORY OF NEBRASKA.

July 7, on petition of Joe Skelton, St. Joe vacated; August 21, let contract for building addition to court-house, for $1,025; October 6, require steam threshers, traction engines, etc., to protect bridges over which they cross; January 24, 1888, ordered the purchase of connty funding bond of $500 due Jan- uary 1, 1893, drawing 10 per cent interest, for $600; April 5, county attorney authorized and instructed to advertise for purchase of $20,000 county bonds; May 31, purchased site for jail, price $650; July 25, contracted for two steel cells for jail, price $2,000; July 26, contracted for building jail as follows: Robert Miller, wood-work, $1,746; D. Burt, mason work, $2,526.66; September 18, Stockham incorporated-trustees, F. J. Sharp, Jos- eph Stockham, W. C. Flickinger, Walter Scott, Henry Reiselt; December 11, Bromfield incorpo- rated-trustees, C. E. Brown, L. P. Wheeler, W. H. Leinberger, John McCarthy, Charles Allen; February 28, 1889, Marqnette incorporated-trus- tees, T. H. Line, S. P. Boyd, M. E. Farr, Reuben Cox, H. D. Hall; April 5, arranged to build bridge across the Platte, in conjunction with Mer- rick County; Hamilton County to build one-half of 425 feet; May 15, contracted for drinking fount- ain in square, price $135; December 12, J. H. Smith having been appointed judge of the Sixth Judicial District, resigns as county attorney, and J. A. Whitmore appointed; January 17, 1890, the following Soldiers' Relief Committee appointed: F. C. Putnam, three years; L. W. Hastings, two years; Delevan Bates, one year.

The following is estimate of expenses for 1890:

County general fund $19,000

Bridge fund.

5,000

Road fund.

6,000

Insane fund. 1,800

Interest on county fund. 9,000

Principal on county fund.

12,000

Interest on railroad fund ..

4,000

Principal on railroad fund.

4,000

Interest on Aurora Precinct railroad bonds

700

Principal on Aurora Precinct railroad bonds

800

Interest on Valley Precinct railroad bonds 200

Principal on Valley Precinct railroad bonds 200

Soldiers' relief fund. 500

$63,200

Fces for clerk's office, 1888 and 1889 .... $7,949 60 Expense, clerk and two deputies, 1888 and 1889. 5,800 00

Excess $2,149 60

By an act of the Legislature of Nebraska, ap- proved June 12, 1867, the State was divided into three judicial districts, the counties of Cass, Sarpy, Douglas. Saunders, Lancaster, Seward, Butler, and the territory lying west of the same, constitut- ing the Second District. A subsequent act, which went into effect June 21, 1873, fixed terms of court for Hamilton County, on the first Thursday after the first Monday of May in each year.

Under these acts the first term of the district court was held in the county, commencing May 7, 1874, at Orville City, Hon. George B. Lake, of Omaha, presiding, with J. M. Smith, as sheriff, and William R. Mitchell, clerk.

There were nine cases on the docket, the first being that of Levi Lentz vs. S. G. Glover and Thomas Glover; Dilworth & Robinson, attorneys for the plaintiff. There were no contested cases tried, one decree only being entered, on default of defendant, in the divorce case of George W. Howard vs. Fidelia J. Howard. The attorneys appearing of record at this term were Dilworth & Robinson, M. H. Sessions, of Lincoln; John D. Hayes, of Har- vard; O. A. Abbott, of Grand Island, and Thomas Darnall, F. M. Ellsworth and E. W. Denio, of Aurora. The last three, together with Alex Pos- ten, constituted the bar of Hamilton Connty at that time, S. S. Hayden being admitted at this term. May 6, 1875, the time fixed for holding the next term of court, Judge Lake failing to ap pear, court was adjourned sine die by the clerk.

On November 1, 1875, the new State consti- tution went into effect, by which the counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall and How- ard were constituted the Fourth Judicial District of the State, and the same year Hon. George W. Post, of York, was elected judge.

The next term of court was held by Judge Post, commencing June 13, 1876. This term was the first held at Aurora, to which place the county- seat had been removed the preceding January.

727

HAMILTON COUNTY.

At this term A. W. Agee, W. K. Ream and J. S. Miller made their first appearance as attorneys in the district court of this county. From this time on regular terms of court were held in the county, Hon. George W. Post presiding as judge until the close of 1882, when he resigned, and Hon. T. L. Norval, of Seward, was appointed by Gov. Dawes to fill the vacancy. Judge Norval was an excellent jurist, and a man of keen perception and fine at- tainments. He was universally respected by the bar and citizens of the entire district. He pre- sided in this capacity until December, 1889, when, having been elected to the supreme bench of the State, he resigned as judge of the Sixth District, and Hon. J. H. Smith was appointed by Gov. John M. Thayer to fill the vacancy.

By an act of the Legislature, which went into effect March 31, 1887, the State was re-apportioned into twelve judicial districts, the counties of Sew. ard, York, Hamilton and Polk constituting the Sixth District.

The following is a list of the attorneys who have been members of the bar of Hamilton County, together with the terms of court before which they made their debut:

Thomas Darnall, F. M. Ellsworth, E. M. Denio and Alex Posten, May, 1874; A. W. Agee, W. K. Ream and J. S. Miller, June, 1876; Hayden, Crip- pin & Posten, William Marshall, district attorney, December, 1876; George Wildish, M. B. Reese, district attorney, June, 1877; A. J. Rittenhouse, Miller & Rittenhouse, E. J. Hainer, December, 1877; C. R. Glover, June, 1878; J. H. Smith, Miller & Smith, June, 1879; W. L. Stark, Rit- tenhouse & Glover, William P. Hellings, De- cember, 1879; H. V. Temple, Agee & Hel- lings, June, 1880; Philip Likes, January, 1881; J. B. Winters, December, 1881; J. H. Lincoln, J. H. Sauls, F. R. Norman, December, 1882; H. M. Kellogg, Hainer & Kellogg, December, 1883; W. J. Stevenson, Agee & Stevenson, November, 1884; J. H. Edmundson, D. M. Waite, Ritten- house & Waite, March, 1886; J. A. Whitmore, R. W. Graybill, March, 1887; Robert Shirk, Septem- ber, 1888; J. U. Davenport, January, 1890; F. M. Coykendall, March, 1890.

The present officers of the court are Hon. J. H. Smith, judge; J. A. Whitmore, county attor- ney; W. H. Fall, sheriff; William P'. Hellings, clerk; Frank Tipton, reporter.

The members of the bar are E. J. Hainer, A. W. Agee, Philip Likes, Kellogg & Graybill, J. A. Whitmore, W. L. Stark, W. J. Stevenson, J. A. Sanls, J. H. Lincoln, J. H. Edmundson, F. R. Norman, W. P. Hellings and F. M. Coykendall.

Among the more important civil cases tried be- fore the district court of this county are: The State ex rel. the Commissioners of Hamilton County vs. W. L. Whittemore; Sechler & Brotherton vs. W. L. Stark; Joshua Cox vs. F. M. Ellsworth; George T. Hunter et al. vs. John C. Soward; George W. Jordan vs. Hamilton County Bank; Henry New- man vs. George Mueller et al .; State ex rel. Com- missioners of Hamilton County vs. W. K. Ream; State ex rel. Reuben Graybill vs. W. L. Whit. temore; S. K. Haines vs. Spanogle et al .; J. C. Ratcliff vs. J. H. Faris; School District No. 9 vs. School District No. 6; School District No. 16 et al. vs. School District No. 9; William A. Johnson rs. E. D. Preston; William H. Waters vs. Adolph Reuber; Thomas Lynch vs. J. J. Reardon; Cath- erine Engle vs. W. V. Morse & Co. and many others. Of these a few which are of general in- terest and importance are here cited at length. Among them are the cases growing out of the division of School District No. 6. (Rateliff vs. Faris; School District No. 9 vs. School District No. 6; School District No. 6 vs. School District No. 9, etc.) One of these will be sufficient to explain the points involved in the suits.

School District No. 9 vs. School District No. 6, A. W. Agee and M. H. Sessions, attorneys for plaintiff, E. J. Hainer and George B. France, for defendant. This was a celebrated case and in- volved a considerable sum of money, which was claimed from District No. 6 by District No. 9.

February 14, 1872, School District No. 6, of Hamilton County, was organized, and included the east half of Township 10 north, Range 6 west. and on March 27 of the same year it was enlarged so as to include all of Townships 10 in Ranges 6, 7 and 8. On the first Monday of April of that

728

HISTORY OF NEBRASKA.

year, an election for officers of said district was held, and a tax of ten mills on the dollar, of tax- able property in the district, was voted for the purpose of building a school house in the district, and also a tax of five mills on the dollar for inci- dental expenses, and the payment of teachers' wages. On April 9 of the same year School Dis- trict No. 9 was formed, and included the west half of Township 10, Range 6, and all of Township 10, Ranges 7 and 8. The taxes voted by District No. 6, on the first Monday of April, 1872, were levied on all the territory comprising the district at the time of the election.

In 1875 the Union Pacific, Railroad Company, which then had a large amount of land in District No. 9, paid into the treasury of the county more than $1,000 of the school tax thus voted by Dis- triet No. 6, and levied on its lands in District No. 9. The money was paid by the county treasurer to District No. 6, and an action was brought for its recovery by District No. 9.

The case was tried to the court, Hou. Judge Pound presiding, in place of Judge Post, Decem- ber 18, 1878. The court decided in favor of the defendant, and rendered judgment for costs against District No. 9.

The plaintiff appealed on error to the supreme court, where the judgment of the lower court was reversed, and the case remanded to the district court, where judgment was rendered for the plain- tiff for the full amount of the claim, interest and costs, amounting to about $2,200. District No. 6 afterward prosecuted error to the supreme court, when the judgment of the district court in favor of No. 9 was affirmed.

The case of the State of Nebraska ex rel. the Board of County Commissioners of Hamilton County vs. Walter L. Whittemore, was an applica- tion to the supreme court for a writ of mandamus to compel the respondent, Whittemore, to report fees.

Whittemore, who was elected county clerk in 1879, the county at the time of his election contain- ing less than 8,000 inhabitants, was ex-officio clerk of the district court. When reporting his fees he failed to report those received by him as clerk of

the court, claiming that he was only required to report fees received by him as county clerk, which he had done. The court held that, "in counties having less than 8,000 inhabitants county clerks are also clerks of the district courts of their respective counties. The duties being imposed upon them as county clerks, they must report the fees received by virtue of their office," and awarded the writ.

The action of William A. Johnson vs. Edgar D. Preston was an action in ejectment brought by the plaintiff for the recovery of the possession of a strip of ground, "beginning at a point forty rods north from the quarter section line corner, be- tween Sections 4 and 9," in Town 10, Range 6, "thence north forty rods, thence west twenty-one rods, thence south forty rods, thence east twenty- one rods to the place of beginning," and involved the title and ownership to a large number of lots within the corporation limits of Aurora. The plain- tiff was the owner of the southwest quarter of Sec- tion 4, Town 10, Range 6, and claimed that the strip described was a part of said quarter, and that the mound which had been considered the half section corner as established by the government surveyors, was in fact a badger hole. It was shown in the trial of the case, that the south half of Section 4 contained a large amount of land in excess of 320 acres, but that the quarter section mound was lo- cated 160 rods and two links east of the southwest corner of the section, and hence the excess was all included in the southeast quarter.

The case was tried before Judge Post to a jury on June 15, 1878.

The verdict was in favor of the defendant. Plaintiff appealed; the supreme court affirmed the judgment of the district court, holding that " where the jury find that such corner was established by the government surveyors, its location cannot be changed by testimony showing that it is not equi- distant between the southwest and southeast cor- ners of the section," and " that mounds thrown up by the government surveyors as corners and quarter section corners, of sections, control course and distance." Reported in 12th Nebraska, page 474. State of Nebraska ex rel. commissioners of

729

HAMILTON COUNTY.

Hamilton County rs. W. K. Ream. Original ap- plication to supreme court for mandamus to com- pel the defendant to report fees as county judge.

This was a friendly contest in order to test the constitutionality of "an act to regulate the fees of county judges, county clerks, sheriffs and county treasurers," approved February 15, 1877.

The attorneys for the defendant contended that the act was in conflict with Article III, Section 2, of the constitution, which declares that "No bill shall contain more than one subject, and the same shall be clearly expressed in its title.

The court beld that " Where the subject matter of an act is within the scope of the title, the act will not be declared unconstitutional becanse a more appropriate title could have been selected." "It is the duty of the defendant to re- port the fees received by him, and a peremptory writ is awarded as prayed for."

From the earliest settlement of Hamilton County, the citizens have been, taken as a whole, a peace- able, law-abiding people, devoted to building up and beautifying their homes and elevating the con- dition and morals of their fellows, and yet a few dark pages appear on its otherwise fair history.

The first great crime committed within its bor- ders was the murder of a Mr. Johnson, of Illinois, in August, 1870. He and F. Sawyer, of Lincoln, had driven from that point to look at the country, and when they reached the western part of York County stopped over night at a ranch. Leaving there next morning they continued their way west- ward. Toward evening Sawyer drove back to the ranch and stated that Johnson had gone on to Grand Island afoot, carrying his gun and valise. A few days later a party of freighters discovered the dead body of Johnson lying on the prairie on or near Section 18, Town 10, Range 5. Sheriff Dixon went to Lincoln, and, placing Sawyer under arrest, brought him back to Hamilton County, where he was kept guarded at the house of James Waddle (the county having no jail) for several weeks. Johnson's revolver was found close to the body, but his rifle and valise were sought for in vain. A party of Indians were known to have crossed the county from south to north on the day

Johnson was shot, and the belief was that he had been killed by them, and that they had taken his money, valise and rifle, or that he had been mur- dered by Sawyer for his money, and that the gun and valise had been concealed. After a long and fruitless search it was determined to attempt to frighten Sawyer to disclose their hiding place. Accordingly one Sunday morning a dozen men placed him in a wagon, together with a rope and shovel, and were about to start for the scene of the crime when J. E. Phillpot, Esq., attorney for the prisoner. put in an appearance and accompanied the party. Nothing new was elicited. A prelimi- nary examination was then held at the house of Mr. Waddle, before John Brown, justice of the peace, and Sawyer was held for trial, being sent to Lin- coln for safe keeping. He was afterward dis- charged from custody on a writ of habeas corpus.

A second homicide occurred in the county Feb. ruary 12, 1878, that of the murder of Abraham G. Hagey by Henry C. Case. Case was indicted and arraigned on the charge of murder in the first de- gree at the December term of court, 1878. He pleaded guilty to the charge of manslaughter, which was accepted by the counsel for the State, as there was some question as to the man's sanity. He was sentenced to the penitentiary for eight years, where he died before the expiration of the time.

In the early part of 1885, a great deal of petty thieving was going on in the vicinity of Marquette, from farmers in the surrounding country and from merchants in the town, several burglaries even be- ing committed. It was concluded that an organ- ized band of outlaws existed in that section of the county, and the commissioners took steps for their apprehension and conviction, making a special ap- propriation of funds for that purpose. Messrs. Hainer & Kellogg were attorneys for the county and at once entered upon an investigation of the matter. A detective was employed and in a short time an overwhelming amount of evidence was ac- cumulated and six members of the gang were arrest- ed. A special term of the court was called in June, 1885, for their trial, but so completely had the work of securing evidence been done, that no defense was

730

HISTORY OF NEBRASKA.

attempted, the parties pleading guilty. Ed Colby, Fred Colby, Richard Shull, Jacob Mundell and Cab Rumrey were each sentenced to two years and six months and J. Garrett to one year in the peni- tentiary.

On July 13, 1889, Henry Thornhill shot and instantly killed William Alonzo Barrett, in the south part of the county. Thornhill was arrested the next day, and made the following statement to the coroner: That he had gone to Bromfield on July 13, to get some medicine for Mrs. Barrett, who was sick. That upon returning between 9 and 10 o'clock that night, he heard an altercation in the house, and approaching the window he saw Barrett and his wife quarreling, the former hold- ing a chair in his hand. That he at once ran to the house of Thomas Cross, a neighbor, and bor- rowed a gun, "for the purpose of holding Bill [Barrett] up, and making him behave himself;" that upon his return to the Barrett house, he again looked through the window, and saw Barrett with a butcher knife in his hand, struggling with his wife, who was in a crouching position in front of him, and holding or grasping his hands; that fearing Mrs. Barrett would be killed, he drew up the gun and fired, intending to cripple Barrett's right arm. Mrs. Barrett corroborated this statement, and showed marks on her neck and hand, which she claimed were made by her husband in the struggle. Thornhill was arraigned and tried at the January (1890) term of the district court, Judge A. M. Post, of Columbus, presiding, in place of Judge Smith (Judge Smith having prepared the information against Thornhill while serving in the capacity of county attorney before his appointment as judge, was disqualified to preside in the case). The evi- dence showed that Barrett had separated from his wife several days before the homicide, and that he had been staying at the house of a neighbor, David Beat; that on July 13, he and Beat had gone to Aurora, where Barrett had procured a bottle of "Tippecanoe Bitters;" that on the way home, and after reaching there in the evening, Barrett had taken several drinks from the bottle of bitters,

and at half-past eight had started for his own house; that when Thornhill went to Cross's for the gun, he was apparently in a great hurry, stat- ing that he wanted to shoot a dog, and that after getting the gun he stated to Cross that it was a two-legged dog. The shooting was done through the south window of the house, the main charge taking effect in front of the right shoulder, while scattering shot entered the face and breast.

This was the most celebrated case ever tried in the county, and had attracted such general atten- tion that three days were occupied in securing a jury, during which 168 jurors were examined.

The counsel for the State were County Attorney J. A. Whitmore and E. J. Hainer, and for the defense H. M. Kellogg and A. W. Agee, who were assigned by the court.

The well-known ability of these gentlemen, together with the importance of the case, attracted an immense crowd, which daily packed the court room. The jury remained out barely two hours, when they returned a verdict of murder in the first degree. Thornhill was sentenced to be hanged on June 13, 1890, between the hours of 12 M. and 2 P. M. His attorneys having filed a motion for a new trial, which was overruled by the court, filed a bill of exceptions, and appealed on error to the supreme court, where the matter at present remains,

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Author: Goodspeed Brothers Publication date: 1890 Publisher: Chicago, The Goodspeed publishing co. Number of Pages: 820

Author: Goodspeed Brothers
Publication date: 1890
Publisher: Chicago, The Goodspeed publishing co.
Number of Pages: 820