History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 23

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180

USA > Nebraska > Custer County > History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time > Part 23

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I. T. MERCHANT, Foreman. A. W. GANDY. MI. CONLEV. H. A. GRAHAM. C. J. ELLIOTT. GEO. CUDEBEC.

Shortly after the shooting Long and Powell hid themselves in the hills. When the sheriff. C. P. Foote, arrived on the spot on Saturday he found about seventy-five armed men there in a state of great excitement, vowing venge- ance against the murderers. The sheriff tried to reason with them, but they were not disposed to listen to him. He said they had a perfect right to be there if they were there to see the law carried out, but if they were there to commit another deed of violence he advised them to disband and go home. This enraged the mob the more, and a petition was gotten up on the spot, calling upon the sheriff to re- sign, which was signed by about fifty persons

on the butt of a musket. A messenger came from the murderers that they would give themselves up if they were guaranteed pro- tection against violence at the hands of the citizens. This assurance was given and Long and Powell were arrested and taken before T. B. Buckner, a justice of the peace, where they waived examination. A mittimus was issued and the prisoners taken to the jal at Lexington. for safe keeping until their trial in the dis- trict court, a number of citizens having de- clared that the men would never be tried in Custer county, but that they would be hanged without a trial.

As soon as the sheriff had left with the prisoners, the mob which was left behind, in- stead of returning to their homes, proceeded down the river to the White House, the head- quarters of the Brighton Ranch Company, where lived Virgil Allyn, the foreman. Mr. Allyn was absent at Lexington at the time, and the citizens set about sacking and looting the place, from cellar to garret, helping themselves to everything in the shape of eatables and drinkables they could lay their hands on. As Mr. Allyn was one of the highest livers in the country, it is needless to say that the hungry mob had a feast the like of which few of them had enjoyed since they came to the county. Among his other supplies the foreman had a cask of rare old wine, which he kept for the especial entertainment of the guests at the numerous banquets that were held at the White House. The discovery of this treasure was hailed with a shout by many of the mob, and a goodly number of them began to load up on liquor.

SPILLED THE BOOZE

At this stage of the proceedings an old, gray- headed man, who was among them, realizing the danger of adding intoxication to the already inflamed passions of the men, seized a hatchet and knocked in the head of the cask, letting the contents run out on the ground. This brave act probably saved Custer county from an added blot upon her already blackened record, and for his timely interference at this critical time the name of Isaac Merchant should

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be revered for all time to come. After having satisfied their appetites, the raiders loaded up all the canned goods and other provisions they could find about the place and carried them to the widow Province. the cooler heads only preventing the others from burning the house before they left. On their way back a log house belonging to the Brighton Ranch Com- pany was burned. The house was of cedar logs and was valued at $1.000. By this time Allyn had heard, in Lexington, of what was going on, and started at once for home to pro- tect his property. Fortunately, before his ar- rival, the mob dispersed. else there would, in all probability, have been more trouble of a serious nature, as he brought a posse of armed cowboys with him.

The session of the district court in which Long and Powell were tried convened on Mon- day, July 6, 1885, with Judge Francis G. Ha- mer on the bench. A special venire of 120 were summoned to try the case. The em- paneling of the jury commenced before noon on Monday and was not completed until ten o'clock on Tuesday. The following jurors were chosen: L. Sutton, West Union; John K. Cooper, Ortello ; S. H. Read. Merna ; Will- iam Hyatt, Myrtle; C. A. Wetherby and J. Snell, Keota : H. Gage, A. C. Blakeslee. W. H. Henderson, Wood River: H. C. Stuckey. Georgetown: J. L. Oxford, Lillian.

The attorneys for the state were H. M. Sin- clair (district attorney), Aaron Wall, and Thomas Darnell, while the defendants were represented by Attorneys McNamar, Greene, and Chapman. After a hard-fought battle the jury returned the following verdict :

The State of Nebraska VS. 1 &ss.

Stephen Long and Charles Powell

We. the jury in this case, being duly em- panelled and sworn, do find and say that we find the defendant, Stephen Long, is guilty of manslaughter, as charged in the indictment, and recommend him to the mercy of the court ; and we find the defendant. Charles Powell, not guilty. LOUIS SUTTON, Foreman.

In due time the following sentence was pro- nounced against Stephen Long by Judge Hamer :

It is therefore considered and adjudged by the court that the said defendant, Stephen Long, be imprisoned and confined in the pen- itentiary of the state of Nebraska, at hard labor, for the period of four years and six months. and that he pay the costs of this pros- ecution, and that he stay committed in the hands of the sheriff of Custer county. Ne- braska, until the sentence of this court be complied with or he be otherwise legally dis- charged.

After serving about two years of his time, Long was pardoned out, on account of ill health, and he died in about a month thereafter.

MAKING AN HONEST MEXICAN

[The following account of the shooting of a half-breed Mexican was published in the Cal- laway Courier, in July, 1887] :

For some time past numerous complaints have been made of robberies committed by unknown parties in unoccupied houses. Ev- erything seemed to be acceptable to the thieves. Monday afternoon Mr. Simon Landis came into town and swore out a warrant before Justice Deems for the arrest of two men, names unknown, who had robbed him of harness and other articles to the value of thirty-six dollars, and had also stolen some carpenter tools from the house of Henry Schuette.

The warrant was placed in the hands of Mr. Fred Jephcott, constable of Noel, and L. M. Holman, constable of Callaway. for service. These gentlemen immediately started up the valley in pursuit, struck the trail at Finch- Hatton's ranch and followed it to Arnold, where they got a fresh team and were joined by the Arnold constable, Mr. Brown. The party followed the trail north to Hackberry canyon, and all along the road heard of the depredations committed by the robbers. They had at one place left their old wagon and taken a better one, but the trade was to their injury, for the wagon they stole had wire wrapped around a loose tire and left on the road a dis- tinet mark that was easily seen. They also stole a gun, four silk handkerchiefs, and a revolver. The Callaway constable held the trail while the Arnold contingent scouted around. After finding the search in the can- yon useless, the party went on up the road to

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Anselmo, where they again changed horses. From there the pursuers followed traces of the robbers to a point three miles north of Dale. when they found the robbers had doubled in their road and gone to Luce's canyon. When the constables got there they found that the robbers had gone to Merna the night before (Monday) and stopped there over night.

By this time the constables were tired out, having traveled a day and a night without rest or food, so they went on to Broken Bow. having sent out scouts to scour the country around.

Sheriff Penn being absent from town, the constables, with some deputies, started out with two teams. The Callaway constable, L. M. Holman, the Nocl constable, Fred Jeph- cott. and Joseph Trout, with a driver, were in one wagon, and the rest of the party were in the other. At about dusk they met a man on the main road at the mouth of the canyon. who told them that the robbers were coming. The officers then separated into two parties. the Callaway party taking to the right and the others to the left.

This canyon is six miles north of Broken Bow, one-half mile north of Peter Mohat's stock farm, on land belonging to the Hunter ranch, since known as Dead Man's canyon. At the edge of the canyon they met the rob- bers in a wagon with bows but no cover. Mr. Jephcott, who took command. immediately on seeing them shouted "Halt!" telling the rob- bers to surrender, as his party were officers come to arrest them. No attention was paid by the robbers, when Mr. Jephcott ordered them to halt three times more.

At the fourth warning the officers saw a flash through the dusk, and could plainly sec the men reaching for their Winchester rifles, which were hanging on the bows on each side of the wagon. The word to fire was then given and the Callaway party opened upon the robbers, being immediately followed by the Arnold party. At the first fire, one of the men who was sitting on the side of the wagon furthest away from the Callaway party, sprang from the wagon to the ground, dead. A rifle bullet had passed through his body. entering

at his left side and passing out at the right. The other man fell to the bottom of the wagon box and the horses went tearing down the canyon.

The officers at once followed and overtook the team a mile and a half away, but the other man had escaped. on a saddle horse that had been tied to the wagon. Half an hour after the slaying Sheriff Penn arrived on the scene. He at once took passession of the wagon, the team and the corpse of the dead man, and brought them to Broken Bow.

The half-breed Mexican was about twenty- five years of age, six feet tall and well built. Inside his shirt, covered with clotted blood, was found a badge of the Cincinnati detective force.

The wagon-box was half full of miscella- neous articles, which they had probably stolen. Among them were several guns, revolvers, saddles, clocks, carpenter tools, silk handker- chiefs, and other articles. A coroner's jury was empaneled and immediately brought in a verdict that the killing was justified and that the officers were blameless.

FATAL HILARITY AT ANSELMO

It was April 1. 1887. "all fool's day." an appropriate date for the fool escapade pulled off by Billy Degan and Hugh Fitzpatrick at Anselmo. They boarded an early freight train out of Linscott. and, not being able to re- strain themselves until they reached Anselmo. commenced their gun play in the caboose. They pulled off a series of cowboy stunts cal- culated to terrorize the passengers. The late L. H. Jewett was on board that morning and afterward stated that the crowd was a little too rough for him. When Anselmo was reached the two cowboys left the train and lost no time in preparing to give the town an exhibition of high life in the far west.

The Anselmo people had been warned that a visit from the cowboys was on the program, and thus they were in a manner prepared to receive their expected guests. Billy Frischauf, a saloon-keeper, came to C. D. Pelham and asked him what he should do. Mr. Pelham advised him to close his saloon, and be it said

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to the credit of Frischauf, he followed the good counsel of his adviser, and not a drop of whisky was sold in his place during the whole of that fatal day. John Anderson, another saloon-keeper, also promised to shut up his place during the stay of the cowboys. Ander- son did close his saloon in the morning, but having some business out of town, he turned his keys over to his brother. Frank, who un- locked the door and ran the place wide open all day. Things soon began to assume a lively aspect in the little village, and A. F. Mc- Knight, the man who pumped water for the railroad company, using horse power, brought his team over to the livery stable, saying that he had told the company that their locomotives could get no water at Anselmo, as cowboys were painting the town and he did not propose to run the risk of getting shot. The boys were using the pump-house as a target.

A noticeable feature of the occasion was that one of the cowboys appeared to be a gentle- manly sort of fellow and took no active part in the shooting, but apparently tried to keep his companion within bounds. The other, how- ever, crazy with bad whisky, determined to have all the fun he could get out of the spree. One of his antics was to place old tin cans on the tops of hitching posts in the street and then shoot them full of holes, regardless of the dan- ger to passers-by, who had to seek safety by getting behind buildings. When he got tired of this diversion he shot a hole through the stovepipe inside a furniture store, the bullet almost grazing the head of Mr. McDowell, who was managing the business for J. H. Brandebury, the proprietor.

In the meantime some of the citizens had had a conference to discuss the advisability of sending for the sheriff, but they decided to wait a little while, hoping that the rowdies would cool off and behave themselves. The boys went to Anderson's saloon, where Degan, the tougher of the pair, was having a fine time marching around in drunken gyrations and shooting holes in the floor and ceiling, when a bullet from his revolver accidentally penetrated the toe of a young man by the name of Mur- ray. The report immediately flew about town

that the cowboys had shot a man, and the following telegram was immediately dispatched to Broken Bow:

Anselmo, Nebraska, April 1, 1887. Sheriff Custer County, Broken Bow, Nebr. :

Cowboys are terrorizing the citizens of An- selmo, and one man has been shot through the foot. We ask your protection.

(Signed) WALTER SCOTT C. D. PELHAM

Charlie Huntington let the cowboys have an old dray horse, and another was procured at a livery stable kept by one Bassey. Mounted on these steeds the two rode into Pelham's store, helped themselves to cigars, rode out and across the street to the store of Weander Brothers, where they got something else. By this time it was getting along in the afternoon, and the citizens were anxiously awaiting the arrival of the sheriff, who was expected every moment. After visiting all the stores in town, Fritzpatrick and Degan returned to the saloon, where they attempted the novel feat of play- ing a game of pool on horseback, Degan firing off his gun occasionally to emphasize his points. It was in the midst of this diversion that Sheriff Penn and his deputy arrived, pulling up at Pelham's barn. Tom Kimes and Charlie Murray rode out of the barn and Penn, mis- taking them for the cowboys, brought his Win- chester to his shoulder and commanded them to throw up their hands. Pelham apprised Penn of his mistake, much to the relief of the frightened young men. At this juncture an- other report from Degan's revolver rang out and Penn inquired : "What shooting is that ?" "Cowboys in the saloon," was the reply.

The cowboys were soon given a tip that the sheriff was in town, when they immediately rode out of the saloon into the street, where they got a glimpse of the officer. surrounded by a crowd of citizens, in front of the livery barn. They fired a parting salute from their six-shooters and rode out of town to the northwest. Penn and his men followed them to a house situated on a triangular piece of ground on the outskirts of the village. From this house a road went directly north and an- other ran parallel with the railroad track in a northwesterly direction. The latter road was

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taken by the cowboys, who proceeded as far as the hand-car house and then came to a standstill. Penn and his men halted at the dwelling house above referred to, where they waited to see what the boys were going to do. After about fifteen minutes Fitzpatrick and Degan turned the heads of their horses around and slowly approached the sheriff's party. Penn placed his deputy, Jones, and Humphrey Smith, who had volunteered to assist him, at the northeast corner of the house guarding the road from the north, which passed on the east side of the building. He gave them strict orders that in case the cowboys came their way to first demand them to halt; then, if they did not stop, to shoot their horses; and finally, if they still refused to surrender, to shoot them. Penn took his station near the southeast corner, that being the point to which the boys were apparently approaching. When within a short distance from the house they turned and rode directly east, striking the road running north and south, and were rapidly nearing the deputies. One of the men shouted

ont: "Here they come!" and Penn rushed over from his corner and commanded : "Throw up your hands; I am the sheriff of Custer county!" The boys paid no attention to the command. Eye witnesses say that the horses were shot first. Fitzpatrick's animal becoming frantic. He held the bridle rein with his left hand and was reaching behind to grasp the saddle to keep from falling off, when Smith, thinking he was reaching for his revolver, fired and shot him through the heart. It was afterward learned that Fitzpatrick was un- armed, having thrown his revolver away be- fore he rode back to town, possibly thinking that in case he was arrested it would go easier with him if it was found that he did not carry a weapon. Degan's horse was also shot, and refusing to surrender, the rider then and there met the same fate at the hands of Penn. An inquest was held and a verdict returned to the effect that the two cowboys had been killed while resisting arrest at the hands of officers of the law.

CHAPTER IX

TOWNS AND VILLAGES

WESTERVILLE - MIGHT HAVE BEEN COUNTY SEAT-A NEW TOWN LAID OUT - LEE'S PARK - OTHER DEAD ONES - COMSTOCK - THE BEGINNING OF CALLAWAY - J. WOODS SMITH HAS A DREAM - TOWN CHRISTENED - SMITH WAS AN ADVERTISER - A NEW TOWNSITE - A TOWN FIGHT IS ON - "PODUNK" NEWS ITEMS - ACKNOWLEDGES THE "CORN" - MORE IMPROVEMENT - BUILD A MILL - THE TRAIN ARRIVES - MOVING DAY AT NIGHT - CALLAWAY UP TO DATE - THE COUNTY SEAT - THE BROKEN BOW - THE TOWN GROWS - TWENTY-FIVE MILES FOR BUTTER - THE TOWN STILL GROWS - FIRST TOWN OFFICIALS - RAILROAD COMES - BIG BUILDINGS GO UP - GETS TO BE A CITY - MODERN BUILDINGS GO UP - PLENTY OF GOOD, PURE WATER - BROKEN BOW TO DATE - THE PUBLIC SERVICE CLUB - PRESENT OFFICERS - THE TOWN OF ARNOLD - A BIG CEL- ERRATION - VILLAGE OF BERWYN - THE HUSTLING TOWN OF MERNA -- ATKISSON SPEAKS FOR MERNA - MASON CITY - PRESENT-DAY BUSINESS INTERESTS - OLDEST INHABITANTS - FEDERAL OFFICERS - SARGENT - ANSLEY - ANSLEY'S BANKS - ANSLEY'S MERCANTILE ESTABLISHMENTS - ANSLEY'S MILLS, SHOPS, LIVERY STABLES, ETC. - ANSLEY'S LUMBER AND COAL YARDS - ANSLEY'S SHIPPING ASSOCIATION - ANSLEY'S DRUG STORES - ANS- LEY'S PROFESSIONAL MEN - ANSLEY'S ELECTRIC-LIGHT, WATER, AND TELEPHONE SYSTEMS - ANSLEY'S NEWSPAPERS - ANSLEY'S POSTOFFICE - ANSLEY'S PATRIOTISM - ANSLEY'S LIBRARY - THE STORY OF ANSELMO - POSTOFFICE HISTORY - TOWN IMPROVEMENTS - ANSELMO NEWSPAPERS - ANSELMO FIGHTS THE KAISER - ANSELMO CHURCHES - ANSELMO FRATERNAL SOCIETIES - THE STORY OF OCONTO

Credit to Custer county eleven good towns, with a combined population of nine thousand one hundred souls. Eleven towns in which the people are progressive, wide-awake, and prosperous. No other county in the state has as many good towns. No other county has as many miles of railroad. nor does any other county parade as many miles of river valleys. This extent of fertile valleys and railroads is what makes so many towns in the county pos- sible.

Notwithstanding there are eleven towns of the description given, there is a village grave- yard in which lie buried nine towns which once lived and thrived and were on the map, for a few short years, before they ended their troubled careers.

Call the roll : Westerville, West Union, Old

Merna, Wescott, Algernon, Lee's Park, first and second Callaway, Dale. There is no re- sponse. Only one of these places maintains a store and not one has a postoffice. The town is dead and the streets have been plowed and are occupied by corn and wheat, alternately.

Some of these towns were so large and had such a good start that they deserve extended mention. One of these is Westerville, which, by the failure of the railroad to build through its valley, lost its opportunity.

WESTERVILLE

In 1886, thirty-two years ago, Westerville was the principal town in Custer county, as it was situated in the eastern part, where most of the settlements were made, and it had a considerable trade. Clear creek flows along

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the north and east sides, but why it was named "Clear" creek they never knew, for it has been muddy ever since they saw it, some forty years ago. On the north bank of Clear creek is the flouring mill, operated by water power. Several years ago, in the '80s, they had very heavy rain storms during the spring, danger- ously raising Clear creek. The water worked its way under the banks and caused great pieces of carth to cave into the water. The people feared that some of the buildings near- est the bank would be undermined. The flouring mill stood so close to the water. that men had to work night and day to save it. One man. standing on the bank, happened to look behind him and saw the ground cracking all around. He had scarcely time to escape when that portion upon which he had stood dropped into the water below.

MIGHT HAVE BEEN COUNTY SEAT

The reason Wes- terville is not the county seat of Cus- ter county, we are told, is because the · first settlers were not willing to make a sacrifice of about one hundred dollars deemed necessary to secure this distinction, and while Westerville slumbered and felt secure, Broken Bow worked and soon won the prize. This was mistake number one for Westerville.

Two county fairs were held here, one in 1883 and the other in 1884. In the fair held in 1884 two things were of very much interest to the people, a turtle that had been taken from Clear creek and a fawn that was captured a few miles north of there. The turtle was nearly as large as a washtub, in which it was exhibited. A number of the people of Broken Bow attended the fair in 1884. The question, "Where shall the county fair be held next year?" was submitted to the people, and when

the votes were counted it was found that Wes- terville had lost the privilege of having it, a privilege which she never regained. Mistake number two for Westerville.

In Westerville's most prosperous days they had several dry-goods and grocery stores, a large hardware store, over which was a pub- lie hall, three hotels, a flouring mill, two black- smith shops, a cutlery store, a good public library, a bank that carried on quite an exten- sive business, printing offices, a drug store, and a good school and church. They could boast of two doctors, Waterbury and Morris. J. A. Armour. afterward county judge, was the town lawyer.

WESTERVILLE MILL AND POND

A NEW TOWN LAID OUT

In the spring of 1883 Merna took a boom. D. S. Lohr put up a frame building, south of Brotherton's store, and hopes ran high as imagination pie- tured a growing city, but it proved a delusion, for Lohr soon moved his store, building and all, some five miles up the valley, where he founded the town of Dale.

This led to the formation of a townsite com- pany at Merna, and a town was located and laid out in section 36, two miles northwest of Brotherton's store, and within three miles of Dale. Authority was granted by the post- office department at Washington to move the postoffice to the new site. Mr. Brotherton formed a partnership with Milton Casteel and J. D. Strong, and a great department store was opened. W. E. Warren built a shack and hung out a mortar and pestle, which indicated to all concerned that he had a fresh assortment of drugs and a limited supply of stomach bit- ters for sale. If the business side of these ventures is not a pleasant memory to the gen- tlemen concerned, the old eroquet ground and

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the old sod town-hall, which came into exis- tence through their untiring energy, will al- ways be an oasis in that desert of uncertain business prosperity.

Later a blacksmith shop, a frame hotel. and another store made their appearance, but to- day the old townsite is plowed as a field and yields its store of grain to feed Custer county's helpless poor, as it is a part of the county poor farnı.

During the summer and fall of 1886 the B. & M. Railroad was extended from Grand Island to Alliance, and the Lincoln Townsite Company purchased Brotherton's old claim and relocated Merna on the site of its birth. This settled the townsite controversy and the future of Merna was assured.

The town grew rapidly into a respectable village, with many lines of trade and various industries represented. Brotherton and War- ren moved from the new Merna back to the old site, and rush of population from the east caused houses to spring up like mushrooms after a rain. Mr. Wilson was a pioneer grain dealer, building the first elevator. The busi- ness has been widened under the management of his son, L. W. Wilson, until now they buy grain at three points in the county.

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History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 23

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog] Publication date: 1919 Publisher: Lincoln, Neb., Western publishing and engraving company Number of Pages: 1180

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180