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 41

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 41

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In 1909 J. R. Dean was appointed to the supreme bench, to fill a vacancy. In 1916 the judge was elected to the supreme bench for a six-year term, and he is now serving in the second year of the term.

In 1911 Walter A. George, of Broken Bow, was elected state treasurer, and he served four years.

Edward Royce, another Broken Bow man, was appointed secretary of the banking board in 1901 and he served until his death, in 1917.

In 1894 James Holland was made superin- tendent of the boys' industrial school at Kearney, and he held the office for five years.

In 1901 Charles Penn was made command- ant .of the soldiers' home at Milford and he filled the office until 1905.

For the last four years W. B. Eastman has been the state insurance commissioner, which position took him and his family from Broken Bow to Lincoln. Mr. Eastman is still in office and is serving under a second administration. J. J. Tooley, of Anselmo, was appointed

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secretary of the state banking board in 1917, to fill the vacancy made by the death of the late Edward Royce, and he is still in office.

In the primaries of August 20. 1918, Hon. D. M. Amsberry, for many years receiver of United States land office at Broken Bow, was nominated on the Republican ticket for secre- tary of state.

THE PRIMARIES OF 1918

During the fall of 1918, political activities were centered in the two parties. Both the Democratic and Republican parties were active. On August 20th the primaries were held and the Democrats placed the following nominees on their county ticket: State senator. W. J. Taylor: representative. Emerson R. Purcell ; representative. W. S. Wells ; county clerk, R. E. Waters; register of deeds, Perry Foster ; county treasurer, Mrs. M. Osbourn ; sheriff, Joe Wilson : county attorney. William C. Schaper : surveyor. M. L. Lamb: District No. 1. R. J. Mills : District No. 3, Scott Cooper ; District No. 5, J. P. Long: District No. 6, George W. Headley; District No. 7, Jolin Walker.

The Republicans made an extra effort to secure representative men as nominees on their ticket and as a result of their primaries the following men were nominated as candidates on the Republican ticket : State senator, I. A. Reneau ; representative, W. J. Rice : represen- tative, Florian Jacobs; county clerk, Harry Knapp: register of deeds, George E. Porter ; county treasurer. W. L. McCandless : sheriff. V. C. Talbot ; county attorney. H. L. Wilson ; county surveyor, A. J. Van Antwerp: District No. 1, Joseph Leni; District No. 3. Ralph Johnson ; District No. 5. Harrison Pease ; Dis- trict No. 6. Ira E. Blakeslee.

THE ELECTION OF 1918

The campaign was conducted in a very strenuous way and as days progressed and the

time of election approached, considerable ex- citement prevailed. Especially was this notice- able because it had been prophesied that it would be impossible to arouse any political enthusiasm.

C. S. Tooley was elected chairman of the Democratic county committee and Horace F. Kennedy chairman of the Republican county committee. Both were excellent men and or- ganized their various committeemen in a very creditable manner. The fortunes of the day favored the Republicans. The entire state ticket as nominated by the Republicans was elected. and with this vote nearly all of the Republican candidates for county office were elected. The following is the official roster as it will stand in Custer county after January 1, 1919: State senator. J. W. Taylor, Demo- crat ; representative, Emerson R. Purcell. Democrat : representative, Florian Jacobs, Re- publican : sheriff. V. C. Talbot, Republican ; county clerk, Harry Knapp. Republican ; reg- ister of deeds. George Porter. Republican ; county treasurer, William L. McCandless, Re- publican : county surveyor. A. J. Van Antwerp, Republican ; county attorney. William C. Schaper. Democrat.

On the non-partisan ticket Judge N. Dwight Ford was elected without opposition, to suc- ceed himself. T. C. Grimes, the present in- cumbent was re-elected superintendent of pub- lic instruction for the fourth term, defeating. by a small margin, his opponent, W. A. Ro- sene. of Callaway.

Custer county is represented on the state ticket by D. M. Amsberry, of Broken Bow, who was elected secretary of state and who will continue the Custer county representation in the state house for the next two years. As his deputy he has appointed W. L. Gaston, of Broken Bow, and this makes at least two rep- resentatives from this county in the state cap- ital during the term next ensuing.

CHAPTER XIV

LEGAL AND OTHER PROFESSIONS

THE HISTORY OF CUSTER COUNTY'S BAR - FIRST GRAND JURY - A HOG IN THE FIRST CASE -- A LAWYER ENGAGED IN USEFUL WORK - TWO CUSTER COUNTY JUDGES - AN- OTHER CLASS - THE YOUNGER BLOODS - DIDN'T KNOW ANYTHING - WAS CRIMINAL ENOUGH - NO SPREAD-EAGLE STUFF - HAD TO BE SHOWN - HAD TWO CHANCES TO ES- CAPE - SUMMONED THE DEAD MAN - CONFUSED THE WITNESS - ALL LAWYERS ON THE SAME SIDE - TOO OLD FOR THE PEN - TEN WAS A PLENTY - TRIALS BY DAY AND NIGHT - A SQUARE LAWYER -- CUSTER COUNTY MEDICAL MEN

The people of Custer county are loyal to their own. They are proud of their county and its resources. They are equally proud of their social and professional achievements. Proud of their farms, proud of their farmers. they are proud, too, of their professional men. They possess a wealth of professional men which marks them throughout the state.

No other county of like population has brainier lawyers, more efficient physicians, or more competent dentists. No county has a brighter corps of newspaper men, or more elo- quent or fluent clergymen. The professional men and women in the high schools and the grade schools are likewise the peers of any teachers in the land. All these professions are well and strongly represented. Every profession is headed by men who have state- wide reputation, and in any professional con- clave they play the role of leaders.

Her professional sons have served in con- gress, and on the supreme bench of the state. In high positions of public trust they have captured the highest honors the state has power to bestow, In educational cireles and on the public platform. Custer county has furnished her quota of peers and masters. Her physicians and dentists occupy high places in the annals of their state organizations. Cus- ter county, which began its career over forty years ago, has graduated from the university

of actual experience a class of professional men and women who to-day contribute to the county rank and honor throughout the middle west.

A full account of the professional activities of the men of Custer county cannot be given. Data are not procurable. All that can be done is to detail a few brief facts concerning the professions that have organization records.

THE HISTORY OF CUSTER COUNTY'S BAR

Shortly after the organization of Custer county, in 1877, and the opening of the courts, in the early '80s, came an influx of bright and energetic young men to practice as attorneys and establish themselves in law. Several of these early lawyers found Custer county so attractive that they have never left it. They early established themselves as among the most active and influential members of the community and are to-day, with hardly an exception, among the most substantial men in the county.

The early bar of Custer county consisted of John S. Kirkpatrick. J. A .. Armour, Silas A. Holcomb, George W. Trefren, A. Kilgore, J. W. Hutchinson. James Ledwich, Homer M. Sullivan, Augustus R. Humphrey. R. E. Brega, Emil Gschwind, Fred G. Waite, E. P. Campbell, and Charles L. Gutterson.

The call for the first terms of district court

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in Custer county was issued on January 1. No trial developed. Four cases were dis- 1883, by Judge William Gaslin, to be held on missed. "as per stipulation on file." The court dismissed three more. on motion. This left but two cases on the docket, on both of which the attorneys were given additional time to plead. May 10 and October 9 of the same year. The first term was a two-day affair, opened by Jess Gandy, sheriff, with Samuel L. Savage presid- ing as district judge, J. W. Bixler serving as district attorney, and Wilson Hewitt clerk of the court.

FIRST GRAND JURY

The grand jury which was empaneled, re- turned true bills indicting a total of twelve persons. - three for setting fire to the prairie. three for unlawfully practicing medicine, two

HON. WILLIAM GASI,IN First judge to hold district court in Custer county

for selling liquor without license. two for shooting with intent to kill, one for felonious assault, and one for stabbing with intent to kill.

At this term J. S. Kirkpatrick, J. A. Ar- mour, and the late Francis G. Hamer were appointed an examining committee to pass on the qualifications for admission to the bar of Florentus M. Hallowell and Thomas Young. They reported favorably and both candidates were admitted to practice law in the courts of the state.

There were eight civil cases and one erim- inal case on the docket, but no attorney was ready for trial. It is said that the young at- torneys had a severe attack of stage fright.

The October term began October 9th, with the same officers, except that Jess Gandy, sheriff, had gone on a deer and elk hunt into the sand-hills, and L. S. Trefren was acting in his stead.

HOG IN THE FIRST CASE

While more important cases were getting ready for trial, the first case tried in the dis- triet court, Custer county, Nebraska, was given to the jury. This was the case of J. A. Per- kins, plaintiff, vs. Jackson Dye, defendant. It was an action in replevin for "one black and white hog fourteen months of age."

The jury did not take many days and nights to settle the case, but returned their verdict very promptly, finding that plaintiff was en- titled to possession of the hog, that the hog's value was nine dollars, and plaintiff's damages for its wrongful detention by the defendant, one dollar. But let no one suppose the de- fendant got off by paying any trifling sum. Every witness, both in justice and district court, was served with his "subpoena" and awarded his "mileage." When Mr. Dye came to pay the bill, it was one dollar for the judg- ment and $161.63 for the "court costs," which made the hog he entertained for a short time, "some hog" after all.

Such was the beginning made in the terms of court holden in Custer county, Nebraska, in the year 1883. The early litigation in the county centered largely around land and cat- tle. At the time the county was organized. cattle-grazing was its only industry. The va- rious ranchmen had acquired or were acquir- ing title to the land bordering the rivers and creeks of the county, and all the hills lying back from these water fronts were recognized as the range of the man who owned the water front.

With the coming of the homesteaders, by thousands, in the middle '80s came the short-

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ening and breaking up of all these ranges and ranches. While most of the homesteaders were honest and honorable, some few shady characters filtered into the settlements, who, when they became hungry for beef, found it easier to kill some ranchman's calf, heifer, steer, or cow, than to stalk a deer or elk by following the fast disappearing supply of such wild game into the sand-hills.

Indeed, some of the bolder of these ma- rauders were not satisfied with poaching suf- ficient beef from the ranchmen to supply their scanty table with the choicest of grass-fatted steaks but, the ranchmen allege, did a regular business of killing ranch cattle, burying or burning the hides and taking the beef by wagon to Kearney and other towns. This, of course, led to all kinds of endeavors on the part of the ranchmen to be rid of these par- ticular offenders, and this, together with the encroachments on their range, created a strong antagonism between the ranchmen and early homesteaders.

In working out these difficulties numerous criminal cases arose, involving almost every- thing from "claim jumping" and cattle steal- ing to the first degree of murder. In the prosecution and defense of cases of this kind, H. M. Sinclair, of Kearney, H. M. Sullivan, of Broken Bow, and others, early won their reputations as criminal lawyers.

Custer county has produced rather more than its share of lawyers who have received high political honor. Perhaps the most con- spicuous of these is Silas A. Holcomb, here- tofore mentioned as one of the pioneer attor- neys of the county. Mr. Holcomb first came into political prominence by winning the dis- trict judgeship, as a candidate of the Populist and Democratic parties. While still a district judge he received the Populist nomination for governor, was endorsed by the Democrats, and was elected, being the only successful member of his ticket. Judge Holcomb was then re- elected as governor. Following, a few months after his retirement as governor, came his election to a six years' term as judge of the supreme court. At the present time Judge

Holcomb is serving his second term as a men- ber of the state board of control.

When asked to write something for this chapter, Judge Holcomb submitted the fol- lowing, which gives a good picture of con- ditions in legal circles in the days of the pio- neer :

"I was admitted to the bar in March, 1882, and removed to Broken Bow in the early spring of 1883, about March Ist. The town was then rather small, but the outlook prom- ising. There were two lawyers there. One was George W. Trefren, who was in the land- office business, with Wilson Hewitt, who was county clerk, the two doing a 'land-office' bus- iness, sure enough, at the time, as the country was just beginning to settle up rapidly. I also found that my old partner, John S. Kirkpatrick, had 'beat me to it,' he having removed to Broken Bow in the fall of 1882 and located himself and family in a little building, about twelve by twenty-four, on the east side of the square, about the center of the block. After looking around, taking in the town, and get- ting acquainted I became more interested in ny competitors in the law business and began to, as best I could, size up Trefren and 'Kirk' as possible opponents in hard-fought legal bat- tles in which I was to be employed as one of the lawyers.

A LAWYER ENGAGED IN USEFUL WORK

"When I first saw 'Kirk,' and he was then a great, big, fat fellow, he was in his shirt- sleeves, with rubber boots on, and with a spade was digging a trench to let the water run away from his building. Strange as it may seem, there was rainfall enough to make it necessary for him to lead the water away from his building in order to make it more accessible. | concluded, after looking at 'Kirk' for a while, and then introducing my- self and having a brief talk with him, that I could hold my own in a lawsuit where he was on the other side, but after a few contests with 'Kirk' in the legal arena, I became convinced that I had underestimated his strength as an adversary in legal proceedings. I soon learned

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to respect him as a young man of considerable ability and one who was both plausible and convincing in his arguments to both court and jury, and especially was I impressed with the conviction that he won the confidence of the court and jury, who seemed to believe in his earnestness and sincerity as to the right of the matter he was advocating. Later on, Judge Sullivan and Judge Humphrey showed up, and with this accession in numbers and talent we had some real litigation and began to look up- on ourselves as a bar of some pretensions, be- sides which we began to work together, when necessary, to crowd out the lawyers who had been coming to Custer county from Dawson, Buffalo, Sherman, and other counties and do- ing a good share of the business which we felt belonged to us by right of our residence in the county ; in this we succeeded and it was not very long until a large percentage of the legal business in the county was done by the local members of the bar.

"The bar continued to grow in numbers and strength until it was, in a few years, recog- nized as one of the strong bars of the state. The county settled up rapidly, and, being a large county, with a large population, the law business was all the more important, thus bringing together members of the legal fra- ternity in larger numbers than would be found in the smaller county-scats.

"In 1891 I was elected district judge of the then twelfth judicial district, since which I have not been permitted to be closely asso- ciated with the members of the bar in active practice, except for but a brief period from 1908 to 1912. There are so many incidents, interesting, humorous, ludicrous, and other- wise, in connection with the early years of my practice, that I can hardly select any of them, and as we have a number of old-time lawyers who are good story tellers, I am inclined to leave this phase of the history of the bar to them as being in more capable hands."

Another attorney to rise to the judicial ermine from old Custer is Judge J. R. Dean. Judge Dean was elevated to the Nebraska su- preme bench by appointment, but is now ser-

ving as a regularly elected member of that judicial body.

TWO CUSTER COUNTY JUDGES

Judge Homer M. Sullivan and Judge Charles L. Gutterson have both served as judges of our district court. the former ob- taining the office at a popular election, the latter by appointment. John S. Kirkpatrick. heretofore mentioned as one of the very earli- est pioneer attorneys of Custer county. was appointed a member of the supreme-court com- mission and served several years in that posi- tion. He still appears frequently in Custer county courts, as private counsel of the Dierks Lumber & Coal Company, but his office is now in Kansas City. Missouri.

The Custer county bar at the present time, consists of the following attorneys who have seen many years of practice in this location : Judge Homer M. Sullivan, Judge A. R. Hum- phrey, Judge J. A. Armour. Judge C. L. Gut- terson. R. E. Brega. and Alpha Morgan. All of these men were among the carly pioneers of Custer county and all are still in active prac- tice, with one exception, maintaining offices at the county seat. It would be hard to find the same number of professional men who repre- sent greater ability or more force of char- acter. They have met all the emergencies of a new and developing county and have rung true in every test. Their competency and in- tegrity would do fine credit to the bar of any community. All of them have accumulated enough to make them comfortable. and are not obliged to lie in wait for clients as in former days.

ANOTHER CLASS

The county bar roster contains the follow- ing names of veteran leaders who have been in active practice for many years, yet in point of time stand on the next terrace below the pioneer practitioners: Judge John Reesc, Judge C. H. Holcomb. Hon. Charles W. Beal, Nathan T. Gadd, A. P. Johnson, and Edwin E. Squires. These men are just coming to the zenith of their power and already have a rep-

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utation throughout the state as able and trust- worthy exponents of law. With the exception of one who has retired to his ranch, all have good and lucrative practice, which pays the best possible tribute to their standing and char- acter. Emil Gschwind, heretofore mentioned as a member of Custer county's early bar, has for many years been police judge of Broken Bow.

THE YOUNGER BLOODS

The bar has still another class, of younger members, with a standing of ten years or less at the Custer county bar. All of these are law- school products or college-bred, or both. This class roll contains the names of Judge N. Dwight Ford. Frank Kelley. H. L. Wilson, J. A. Brunt, William C. Schaper, and Edwin F. Myers. These young men are already well established and are gaining rapidly in both ex- perience and clientage. In the realm of law, they are already bridle-wise and harness- broke; they may well be depended upon to maintain the dignity of the Custer county bar, and sustain the reputation of their predeces- sors of the former generation.

DIDN'T KNOW ANYTHING

Judge Gaslin was a good judge and he was impatient of delay. Sometimes he held court in Custer county. One cold winter night just before adjournment, and it was then about eleven o'clock, the judge announced to the bar that in order to speed up, court would open in the morning promptly at half-past seven o'clock and any lawyers having cases might take notice and be on hand. At the appointed hour, court, counsel. litigants, and witnesses were all there. The thermometer thien registered several de- grees below zero, which added to the solemnity and inconvenience of the occasion. William Blair, who had been janitor of the court house ever since it was built, was called as the first witness when court opened, and among other things remarked that he "didn't know any- thing about the case, anyway." The judge re- marked: "What's that, Billy? Don't know anything about this case? Then what are you doing on the witness stand? Get out of there

and let some witness come to the front who knows something about this case. There are too many people in this case now that don't seem to know very much about it, lawyers in- cluded."

WAS CRIMINAL ENOUGH

Judge J. C. Naylor was a pioneer lawyer. When asked why criminal cases were not dis- posed of before civil cases, as is the usual practice, he replied that the disposal of the farmi-mortgage cases was not a departure from the rule, because there seemed to be as much criminality in the prosecution of the foreclos- ures as there was in the criminal cases.

NO SPREAD-EAGLE STUFF

Judge Naylor was an attorney in a case that originally involved a trifling sum of money, but later on much feeling was engendered, in part because the costs were large and became the main feature. Judge Gaslin presided and, knowing Judge Naylor's proneness to make long and eloquent speeches to the jury on slight provocation, just before the argument he began to admonish the lawyers in this fashion : "Gentlemen, you are limited to ten minutes on each side. I want you to under- stand that in a case involving only $8.30 you can't go before the jury with a long-winded history of the universe nor a 4th of July speech." But the lawyers on both sides got their views to the jury. in their arguments to the court, on the importance of the case to the public and the profession because of the prin- ciples of law involved and to the litigants be- cause of the large amount of costs.

HAD TO BE SHOWN

A lawyer, from another district, in an argu- ment before Judge William L. Greene, read from a Nebraska report, a proposition of law that did not appeal to the judge. and he re- marked that if he were shown that our su- preme court said it twice he would have more respect for the proposition than he was then able to entertain. On investigation, the judge found the lawyer had read from the brief of counsel that is sometimes inserted in the re- ported decisions.

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IFAD TWO CHANCES TO ESCAPE

A lawyer for defendant in a criminal case took earnest- exception to the fact that his client had two preliminary examinations. Judge Greene overruled the exception and re- marked that he ought not to complain, because his client had been generously treated, in that he was given two chances to escape before the trial, when he was only entitled to one.

SUMMONED THE DEAD MAX

When Judge H. M. Sinclair, of Kearney. was on the bench, a foreclosure case was pend- ing in which the principal defendant died after the case was begun. Apparently the plaintiff was not aware of this, and the usual summons was issued. The return by the special deputy appointed to serve the summons, was the first intimation to any person connected with the case that the defendant was dead. His return recited in substance that : "Jolin Doe is dead. I served this summons on him by leaving a true copy thereof at his last usual place of residence." Upon reading the return, Judge Sinclair remarked: "Custer county has many remarkable and efficient citizens, but here is a man who has surpassed them all. This is the first time in my experience as lawyer and judge that a man has been found who can ob- tain service of summons on a dead man." The record shows that the Judge continued the case.

CONFUSED THE WITNESS

A lawyer from some remote region was tes- tifying as a witness in his client's case. The attorney for the other party insisted that. in order to keep the record straight, he submit his testimony in the form of questions and answers. All proceeded well until an objec- tion was interposed on the ground that a cer- tain question that the lawyer propounded to himself "tended to confuse the witness." That was too much for Judge H. M. Sullivan, who presided at the trial, and he ruled that the narrative form of submitting testimony be resumed.

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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 41

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