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 21

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 21
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 21
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 21
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 21

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On February 17, 1879, the murder of Ann W. Ketchum and Luther Mitchell on December 10, 1878, in Custer County, was officially brought, by

C. W. McNamor, before the notice of Judge Gaslin. Custer was then unorganized; but for judicial pur- poses was attached to the Fifth and Sixth judicial districts, so that no district judge could exercise jur- isdiction over the whole territory. In view of this and further, considering that the crime was perpe- trated in territory belonging to the Fifth district, or west of Sherman County, the judge ordered the trial of the murderers to be held in Adams County, be- ginning February 26, 1879. John M. Lyman was foreman of the special grand jury, who returned the indictment against the murderers. The case may be said to have occupied the attention of the court until April 17, when the jury returned a verdict of guilty of murder in the second degree, against Frederick Fisher and I. P. Olive. Both received sentences for life terms in the penitentiary.

R. S. Erwin was admitted to the bar March 31; A. D. Yocum, William C. Reilly, R. A. Dague and Samuel M. Brobst in April. On April 26 the jury disagreed on the question of the guilt of William H. Green and John Baldwin, who were indicted for mur- der with Olive and Fisher.

David P. Maryatt, of Iowa; F. H. Hepburn, of Iowa; L. D. Dent, of Illinois; C. D. Steele, of Illi- nois; William H. Lanning, of Illinois, and J. J. Lewis, of Ohio, were admitted to the bar in Novem- ber, 1879. John Brown McElroy, sentenced to be hanged in 1879, survived the day; for on November 26, 1879, he is on trial anew for the murder of Stutzman. On May 12, 1880, he plead guilty of murder in the second degree, and was sentenced to a life term in the penitentiary.

On December 2 Miles J. Jacobs was examined and admitted, and on the 6th George F. Work was admitted. In May, 1880, F. M. Hallowell appears as official reporter. B. F. Hilton was admitted to the bar at this time, aud also Thomas H. Mattars, James W. Carver and Thomas J. Noll. The indict- ments of William B. Baldwin and Ralph M. Tay- lor, for the murder of Allen J. Yocum, were pre- sented on May 12. On the 18th Baldwin was found guilty of manslaughter on the first count.

Roger H. Mills was admitted to the bar on June 21, 1880, and Ambrose H. Gates in December. On the 17th of this month the suit of the Burlington &

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Missouri River Railroad Company against Adams County, in the matter of taxes, was finished, and the county perpetually enjoined from the collection of taxes, except $308.50, and the cloud on the title to some of the railroad lands removed.

During the year judgments were rendered against the Protestant Episcopal and First German Evangeli- cal societies of Hastings. March 9, 1881, the first record of death among the legal circle is made in the case of Augustus F. Ash, who died February 25. March 17 the celebrated cases growing out of title to the town site of Hastings were decided by Judge Gaslin, as recorded in book 2, journal of district court, pages 571 to 582, and referred to in the his- tory of Hastings. Harrison Bostwick was admitted to the bar on March 19. On this day the following agreement in the case of Adams County vs. W. B. Thorne, as principal, and William E. Thorne, C. R. Jones & Co., W. M. West, Weidler Grabill, Ira G. Dillon, James M. Sewell, J. S. Chandler, A. Yeazel and C. N. Paine & Co., as his sureties, was sub- mitted.

"In consideration of the conveyance to C. R. Jones and A. L. Clarke, trustees of assets of W. B. Thorne for use of Adams County, by Abraham Yeazel and William B. Thorne, of all property heretofore conveyed to A. Yeazel or transferred to him and now conveyed or trans- ferred by William B. Thorne to Jones & Clarke-the same being scheduled at $62,886.63, all of which having been heretofore conveyed to Abraham Yeazel for the in- demnificial of himself and other sureties on the bond of W. B. Thorne, as treasurer of Adams County, it is here- by agreed that all the sureties of said Thorne shall be discharged from all liability at law or in equity."

The names of Clarke and Jones were substituted as plaintiff's vice Thorne, in suits by the ex-treasurer.

On June 21 the grand jury, of which Carlton Clarke was foreman, returned a true bill against William B. Thorne, ex-treasurer, for the embezzle- ment of $15,997.65 of county moneys; $5,570.34 of the district school land fund; $8,479.63 of the district school fund, and $5,664.75 of the district school judgment fund. V. Bierbower was district attorney. In June Mr. Thorne denied the charge, and the trial was postponed to December, 1881, the ex-treasurer being held in $5,000 bail, which was promptly furnished. In December the case was brought up, but the records do not show its disposal

until mention is made in March, 1883. This term was opened in Mowery & Farrell's building at Hast- ings, on December 12, and at its elose Frank D. Taggart and John L. Finley were admitted to the bar.

On October 23, 1882, court was opened by S. B. Pound under a previous order by Judge Gaslin. The grand jury returned an indictment against Peter Fowlie for embezzlement of $50,000, which had come into his possession by virtue of his office as deputy treasurer. John N. Lyman was foreman. In March he was allowed out on $3,000 bail to appear for trial in June. On March 29, 1883, the indictment for murder against William B. Baldwin was disposed of (the supreme court reversing the judgment and ordering one according to the verdict), and the prisoner sentenced to a one year term in the penitentiary. The jury in the case-State of Ne- braska vs. William B. Thorne, finished work June 18, and found the ex-treasurer guilty of embezzling $22,000. Thomas Pearl was foreman of this body. A motion for a new trial was overruled and he was sentenced to a one year term in the penitentiary without solitary confinement, by Judge William Il. Morris. On June 25, a writ of error was filed in the clerk's office, issued by the clerk of the supreme court, asking for a transcript of the Thorne case. John A. Casto and W. S. MeKiuney were admitted to the bar in October, 1883. Morriss Cliggett and Melville C. Hester were admitted March 19, 1884. An indictment for arson against William B. Bakl- win was nolle prossed at the request of the district attorney. Edwin A. Hogg, formerly of Michigan, was admitted to practice here in November, also Lewis W. Hague, of Illinois. The indictments against Frederick Young, Jolin Blivernicht, Oscar Winkler, Louis Hoffman and Henry Winkler were presented in June, 1885; but the trial jury could not agree, and Gustave Vosberg was sentenced to a year's term in the penitentiary. The Thorne case came up in another form on June 3, when Thorne's indebtedness was shown to be $47,187.86, but in December, 1886, the sum of $11,355. 72 was ordered to be paid to the treasurer and Clarke & Jones discharged from liability. Charles D. Taylor, for- merly of Iowa, was admitted to the bar in November,

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also A. M. Cunningham, formerly of Pennsylvania, and James H. H. Hewett. In May J. B. Cessna* was admitted to practice here on formal application and on presentation of his Pennsylvania certificate.

On June 19, 1886, the refusal of Treasurer Mc- Cleery to accept moneys from A. L. Clarke (pre- sumably moneys held by him as one of the trus- tees of the Thorne assets) was brought before the court, and Henry Bostwick named as receiver, or, in case of his refusal, S. A. Searle was ordered to receive the amount and place it in the safety vaults at Omaha.

William R. Burton was admitted in June, 1886, and in July, B. F. McLoney. In June, 1887, the case of Anna Roeder vs. Henry and Oscar Winkler; John Blevend and Fred Young were tried before a jury, of which D. H. Dean was foreman. In 1884 the State proceeded against the parties, but the jury disagreed; on this occasion, however, the damages were assessed against the defendants in the sum of $200 and $100 attorneys' fees. George D. Browne, of Utica, N. Y., and John C. Stephens, were admit- ted to the bar in June. In September, 1888, Charles Edmundson was admitted, and in December, Wil- liam F. Peck. The trial of Lish Nelson was con- eluded during the December term, when a jury, of which D. W. Ripley was foreman, found him guilty of murder in the second degree. Judge Gaslin sen- tenced him to a life term in the penitentiary. His crime was the killing of C. J. Balcom, August 5, 1881. D. W. King, a burglar, was sentenced to a five years' term in the penitentiary Elmer E. Ferris was admitted to the bar December 14, 1888. The information against David Crinkalau for the murder of Frank Fansler, November 2, 1888, was presented by District Attorney Tanner, in January, 1889, but the jury acquitted the prisoner. Joseph H. Ed- mundson was admitted to the bar in February, 1889. The information against Lizzie Aldridge for

*J. B. Cessna was admitted before the court of common pleas of Bedford County, Pa., February 15, 1865, Alex. King, present judge. In May, 1872, he was admitted to practice be- fore the Pennsylvania supreme court; in June, 1873, to the common pleas court of Erie County, Pa., and January 26, 1876, on nomination of Jeremiah S. Black, to the supreme court of the United States. Letters from Judge W. J. Baer, of the Somerset and Bedford court of common pleas, and from Ulysses Mercer, chief justice of Pennsylvania, were tendered to Mr. Cessna on his leaving for Nebraska in 1885.

the murder of (poisoning) John Aldridge, was pre- sented May 20, 1889; but the evidence was of too general a character to convict her.

John C. Stevens was admitted to the Nebraska bar in June, 1887; John Snider in September, 1887, and Hugh Clemans in November, 1887, and John C. Hartigan, Benjamin F. Rawalt and Harry S. Dingan in May, 1889. In 1890 S. R. Brass, of Juniata, was admitted to the bar.

In former pages a memoranda of many cases brought before the courts of Adams County is given. The murder of the two settlers mentioned in the pioneer chapter may be taken as the beginning of the criminal calendar of this district. Some of these cases presented here deserve a more extended notice, because the plan of crime should be exposed in every case, and the incidents connected with the detection and punishment of the criminals given. In one instance the enormity of crime led some of the best citizens of the county to organize as a Secret Tribunal. This organization was perfected in a moment, and its edict carried into execution with admirable promptitude and regularity. In another case a specialist in rascality, named Randall, was shot down (it is alleged) in the court room by the brother of an outraged child, this doing away with the farce of trial, and saving to the county the moneys which would otherwise be expended in hold- ing the farce on the stage of the district court.

In the case of the State vs. A. D. Rust for vio- lating order of injunction in re. the school bonds, Titus Babcock, who was then county judge, had to testify, and so sent for Justice Jones that he might testify before him. En route the justice be- came gloriously drunk, and though called did not answer. Attorney Bowen ventured the statement that he was notary public, and could administer the oath to his honor; but Jndge Babcock declined this kind offer, saying he would administer the oath to himself. Standing up, with folded hands and closed eyes, he said: "I, Titus Babcock, probate judge of Adams County, Neb., the evidence that I shall give, wherein the State of Nebraska is plaintiff and A. D. Rust defendant, shall be the whole truth, etc." After this he testified in the case. Opposition was of no use, and Rust was sent to jail at Omaha.

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In 1875 a party of thirteen herders or cowboys killed Milton Collins, of Buffalo County, and ficd up the Platte Valley. Deputy United States Marshal Ball and nineteen citizens went in pursuit and cap- tured eleven of the party immediately; but the next day Jordan P. Smith, the actual murderer, and the thirteenth associate were captured on an island in the Platte. Several times the captors were on the point of executing the first batch of eleven cowboys; but the absence of the principal criminal led to post- ponement, and ultimately the leading prisoner was allowed to be brought to trial. Smith was tried, found guilty, and sentenced to be hanged at Kearney; but a new trial was granted, and the case heard before Judge Gaslin, Jr., at Juniata. Smith was found guilty of murder in the second degree, and sentenced to a ten years' term in the peniten- tiary.

The killing of Henry Stutzman was the first proven deliberate murder which occurred in Adams County. This murder was committed by William John McElroy, on the morning of February 8, 1879. McElroy, alias John Brown, was a young man who had been making his home at Red Cloud with a relative, and at various places in Adams County. He had worked for different farmers during the fall and winter of 1878-79. On the evening of the day preceding the murder he started afoot from Hastings, armed with a revolver and rifle, and was presumedly on his way to Red Cloud. About four miles southwest of Hastings coming to the home- stead of Henry Stutzman, he requested permission to remain all night. Stutzman consented, the two men had supper, and after a short time, as McElroy stated, retired to rest. The next morning as Cam- eron Belliel, a neighbor of Stutzman, was passing by the latter's house, he noticed that the mules were gone. Calling to Stutzman and receiving no answer, he suspected something wrong, and in com- pany with another neighbor, Joseph Wolf, they en- tered Stutzman's house. Then their suspicions of foul play were at once proven true, for Henry Stutz- man was lying across a chair dead, having a wound in his head from both a rifle and revolver.

The people of the vicinity at once started in pursuit of the murderer and McElroy was soon

caught with the mules in his possession .* He made no attempt to escape, but said he killed Stutzman in self defense. He was taken to Ayr, a few minutes before the train arrived with Sheriff Martin and other officers, and was immediately conveyed to Hastings. Later on the same day an inquest was held by County Coroner W. Ackley, and the verdict of the jury was that Stutzman was killed by John Brown.

Excitement among the people when it was known that a murder had been committed in their midst, and that the murderer was in the hands of the sheriff, ran high. Some talk of lynching was in- dulged in, and Sheriff Martin, fearing he might be overpowered and his prisoner taken from him, had him adroitly conveyed to the railroad station and removed to the jail at Kearney.

The prisoner was soon indicted on two counts, first, murder in the first degree by shooting Stutz- man with a gun. The second count was an indict- ment for the same offence, by shooting with a pistol. Court was then convened by Judge Gaslin, when McElroy was arraigned and pleaded " not guilty," wherenpon the following jurors were empaneled to try the case: A. J. Adams, R. H. Vanatta, C. A. Lane, E. W. Hall, T. L. Orton, M. L. Cook, J. W. Sheffield, W. T. Pomeroy, J. H. Spencer, D. W. Biglow, S. G. Johnson and George Beatte. T. D. Scofield, district attorney, assisted by A. H. Bowen conducted the case for the State. John M. Ragan and A. T. Ash were the attorneys for the defendant. The evidence elicited that some time during the night of the tragedy MeElroy, while still in bed, reached over to the table where his pistol was lying and shot Stutzman while he was still asleep. The first shot only stunning or dazing him, he arose from the bed and staggered to a chair, and while sitting on the chair, McElroy shot him a second time with the rifle, which resulted in his instant death.

The trial occupied one day, and at 10 o'clock the next morning the jury brought in a verdict of murder in the first degree, whereupon Judge Gaslin

*Engineer Clark saw the mules on his way up from Red Cloud. Hearing of the murder on his arrival, he reported the matter and took a posse at once to capture the murderer.

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sentenced the prisoner to death, and May 29, 1879, was fixed as the day of execution.

The speedy capture and trial of McElroy is probably the most summary transaction of the kind on record in the State of Nebraska, for in less than eight days after the commission of the crime the murderer received his sentence to expiate his guilt by the extreme penalty of the law. He was not hanged, however, for his attorneys secured a new trial, and he was allowed to plead guilty of murder in the second degree, and was then sentenced to the State's prison for life. In 1889 Gov. Thayer par- doned him.

The celebrated Olive case in point of general interest was the most important ever tried in Ne- braska, or, perhaps, west of the Missouri River. This was the trial in Hastings, in 1879, of I. P. Olive and others for the lynching and murder of Luther Mitchell and Ami W. Ketchum. From the most reliable sources of information it is learned that on November 27, 1878, a party of men rode up to the house of Mitchell, on Clear Creek, for the purpose, they claimed, of arresting Ketchnm, who was living with Mitchell, for cattle stealing. Instead of quietly demanding his surrender they began shooting at him. He was soon wounded in the arm, but re- turned the shot and killed a deputy sheriff known by the name of Stevens, but whose right name was Olive. I. P. Olive, a wealthy cattle man of the South Lonp, and brother of the mau "Stevens " or Olive, killed by Ketchum, at once offered a reward of $1,000 for the capture, dead or alive, of both Mitchell and Ketchnm. These men were both will- ing to surrender to the proper authorities, but ex- pressed fear of the cowboys of Custer County. They were, however, soon arrested, and several sheriffs and deputy sheriffs of adjoining counties received their share of the reward. Then as they were being taken from Kearney County to Custer County for preliminary examination, by Sheriff Gillan, of Keith County, and Phil Dufrand, of Custer County, they were taken from these officers by a party of armed men, and at a point about one mile south of the South Loup River, in Custer County, were hanged and burned.

They were found the next afternoon. Ketchum

was still hanging, but the rope suspending Mitchell had broken, and he was lying in the ashes of the still smoldering fire partly supported by the left arm, which was fastened to Ketchum's right by a pair of handcuffs.

The brutality surrounding the circumstances of these men's death, being hung, shot and burned, perhaps alive, was such as to cause the greatest excitement, and a strong demand from the people of Nebraska that those guilty of this crime be hunted down and punished, caused the State to offer a re- ward of $10,000, and a further reward of $200 each from the governor for all proven to be implicated in the sad affair.

Suspicion at once pointed to I. P. Olive, who with John Baldwin, Myron Brown, Barney Arm- strong, John Gaslin, Fisher Gillan, Dufrain and a few more, were soon arrested and placed in jail at Kearney.

As Custer County, the county where the crime was committed, had not at this time been attached to any judicial district, Judge Gaslin concluded to have these men indicted and tried in Adams County. This was done, and, after a protracted trial, in which the State was ably represented by Attorney- General C. J. Dilworth, District Attorney C. D. Scofield, and C. M. Thurston, of Omaha, and the defendants by the late Hon. James Laird, Judge Homer, now judge of the Tenth district and others, the jury brought in a verdict of guilty against I. P. Olive aud one of the others, toward whom suspicion pointed, who were at once sentenced to the peniten- tiary for life, while the remainder of the indicted men were released.

From the fact that the State appropriated $10,000 for the prosecution of this case, the num- ber of men under indictment, the ability and bril- liancy of the lawyers arraigned on both sides, and the heinousness of the crime charged, made it the most important in point of interest of any case tried in Nebraska, before or since. The proceedings were reported by the Associated Press all over the United States, while some papers had special corres- pondents located at Hastings during the trial.

After Olive had been in prison about one year his lawyers succeeded in having his case brought

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before the superior court of the State, and there it was held that the indictment and trial in Adams County was an error, that the proceedings against him should have been brought in Custer County; on account of this error the prisoners were released on their own recognizance. The grand jury of Cus- ter County never having taken any action in the case, they were not brought to trial again.

The inquisition upon the body of the murderea Martin Hollerick was held at the house in Cotton- wood, where the deceased resided, August 28, 1880. The jury found Nicholas Rickinger (his brother-in- law) guilty of striking the fatal blow. As hitherto related, Rickinger escaped punishment.

Matt Simmerman, who on October 16, 1882, with Dick Belmont, shot and killed Sheriff Woods in the dining-room of the hotel at Minden, was cap- tured, tried, convicted. He was sentenced by Judge Gaslin to be hanged on April 21, 1883. On the 18th of that month a writ of error was sued out in the State supreme court, and in July the judgment was reversed. On October 13, his second trial be- gan, and, on the 25th, he was sentenced to be hanged. February 4, 1884, another appeal to the supreme court failed him, and the sentence was ordered to be carried out on March 17, 1885. A few days prior to this Lawyer Burr sued out a writ of error to the United States supreme court, and for the first time in the legal history of the country a criminal under the death sentence was allowed out on bail.

The murder of Cassius M. Millett was another unfortunate affair. Notary Public Le Dioyt took the statement of Mr. Millett, March 27, 1883. This pointed out the sidewalk between Pickens' house and the mill where the three murderers held him up, telling him to give up his money. They then or- dered him west, and at May's gate he made an effort to escape, and was nearly inside the gate when he was shot, after which he climbed the line fence be- tween May's ground and his own. On March 28 a meeting was held at Liberal Hall, over which Mayor Lanning presided, to consider the question of rais- ing moneys to be expended in the capture of the murderers. S. J. Weigle was chosen secretary, and S. Alexander, A. L. Clarke, L. H. Tower, D. M.

MeElHinney and A. H. Cramer were appointed a committee on collections, and Thomas E. Farrell, R. A. Batty and C. K. Lawson members of the exeeu- tive committee. Mr. Millett died on March 27, and was buried on April 1 by the G. A. R., of which body he was a member. The coroner's in- quest was held on March 30 by Winfield Ackley, eoroner, John N. Lyman, Charles Cameron, D. M. MeElHinney, J. B. Heartwell, W. O. Hall and A. L. Wigton, jurors; and Messrs. Sowers, Lynn, Urquhart, Cook, Naulteus and Royce, physicians. Prior to this Deputy Sheriff Stock, Stoelting and others collected some evidence which led to the arrest of James Green, John Babcock and Fred Inghram. A Mrs. Davis found a mask of curtain calico near the scene of the murder, which was recog- nized as a part of the wash-stand cover used by Green in his room at the Central House. This, with the fact that the three criminals were seen in consulta- tion, led to their arrest at Kohl's farm. On seeing the mask and other evidences of their guilt they were amazed. After a preliminary examination be- fore Judge Work, two of the prisoners, Inghram and Babcock, turned State's evidence, and each told the story of the crime precisely as it was planned and perpetrated. On the day of their victim's funeral the prisoners were taken to Lincoln by Sheriff Hutchinson; but on the day after were taken back as far as Howard, where the coroner's jury visited them. On April 3 they were removed to Hastings and arraigned before Judge Work. Babcock alone of the trio plead guilty. They were guarded by special deputies-C. H. Deitrich, W. Cutter, Z. E. Hutchinson, Edward Burton and J. P. Farr, in the jury room off the court room iu the " Stone Block," and to all intents the law was to take its slow course. At about 10 o'clock that night a squad of thirty men entered the court room, breaking in the door, whence they proceeded to the room where the prison- ers were guarded, which they entered in the same manner, and placing revolvers at the head of each guard, abducted the self-confessed criminals, taking them from their beds. Placing ropes around their necks, they were marched down stairs, when Green and Inghram were placed in a buggy, and Babcock led to the place of execution-a bridge on the Grand

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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