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 7

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 7

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).

"On the outside we searched in the grass and weeds for signs of occupancy, but found no tracks or paths leading to the river or creek, but at the water's edge of the brook found a block about three feet long. cut from

HISTORY OF CUSTER COUNTY, NEBRASKA

| Photo by S. D. Butcher]

ROUNDING UP A NICE BUNCH OF "WHITE FACES" ON THE MCDOWNEY RANCH, SOUTH LOUP RIVER, NEAR GEORGETOWN, NEBRASKA, 1904

HISTORY OF CUSTER COUNTY, NEBRASKA

a cottonwood and pegged with forked stakes to hold it fast so one could stand upon it and dip water from the brook.

"The discovery of such an abode, far from any settlement, and in an Indian infested coun- try where hunters had not yet ventured, was remarkable. It brought to my recollections a story I had heard repeated in Benton county. Iowa, three years before. The story ran that a young man of the neighborhood had gone west in 1866 or 1867, and joined a band of horse thieves whose 'runway' was from Mexico to the British possessions. The party with which he worked operated in Nebraska and perhaps Dakota Territory.

"One of the stations along the route was in a cave on a branch of the Loup river and near the foot of a high, dark hill, with pine timber growing along the bluffs and a little stream of spring water flowing past the mouth of the cave. Their next station was two days' ride from this cave and located in a forest of pine and cedar in the canyons of the Loup river.

"The story seems to describe this place. Here was a cave on the right bank of a branch of the Loup, with a small spring brook only a few yards away. There was a high, dark, frowning hill nearby, while scattering pine timber grew along the bluffs on the oppo- site side of the river, and about seventy-five miles to the northeast, about two days' ride, were the cedar and pine-wooded canyons of the North Loup below the mouth of the Cala- mus river. All of the details of the story dovetailed exactly with the place.

"In the latter part of September I was op- erating north of the parallel and on the 30th pitched my camp on the long, high mesa, or table-land, west of where Broken Bow is now located. Being almost destitute of water in the afternoon, I sent two men with the light wagon to the south branch and gave instruc- tions to fill the barrels that evening and return early next morning. It was about seven miles to the river and six to our initial point on the parallel for the survey of the line between ranges 23 and 24 west, township 17 north.

"On our way to the initial point we came to

the south edge of the high undulating table- land about three miles south of camp, when we halted to scan the country. We expected to find evidence of two surveying parties op- erating south of us, who should be near the close of their work and about ready to return to their homes. We had brought with us a lot of written mail, hoping ive might send it with them.

"We scanned the country south, east, and west, and finally observed a bright spot far up the river. It looked like the reflection from a bright surface, and a dark object loomed near it. To ascertain if it was moving I directed the instrument towards it and made out that it was moving down the valley.

"After watching the object for a time we concluded it was a wagon. But our curiosity was excited when we discovered that only one or two men were walking and several rode in the wagon, which was a very unusual thing for surveyors to do. when traveling over the prairie. The bright spot we had seen was the reflected sunlight from the bright tire of the hind wheel. The wagon proceeded down the valley and halted on the clay spur where our cave of July was found. Here the horses were turned out and the men passed from sight over the end of the spur.

"It was now quite late and my suspicions were thoroughly aroused, and being anxious for the safety of the teamster, who had not returned from the river, and the team, I deter- mined to go to their relief. Sending a man to camp, we hurried to the river and reached it at dark, just as the wagon arrived. The men were entirely ignorant of the presence of strangers and surprised at the suspected char- acter of their very nearby neighbors. Giving directions for guard duty during the night, Charley Starkweather and I walked along the bank, perhaps a hundred yards, and yelled several times without receiving an answer, then fired two shots, which brought a feeble voice inquiring what we wanted. We told him we were surveyors and had lost our way to camp, that we were hungry and tired and wanted accommodations for the night. The fellow told us they were strangers in the

HISTORY OF CUSTER COUNTY. NEBRASKA

country and poorly provided, so could not entertain us. We told him there was plenty of room in the cave and we would come over.

"Fording the river. we followed him to the dugout, which it really was, and instead of there being three or four men. there were sixteen. After explaining who we were and our business we asked for supper and a place to sleep. We tried to be friendly and agree- able, but none of the men would talk except

equally strange to us that so many men were there. far from settlements, in an Indian country. They claimed to be hunters. yet. in a splendid game country, they had gotten only one or two deer in a week and were poorly supplied with bedding and food.

"Without supper, we lay down on a blanket before the fire-place, but each of us quietly slipped a cartridge into his gun and each took a turn on guard, feigning to be asleep. At break of day we quietly slipped out. and,

THE OLD BLACK RANCH ON DEER CREEK

one about fifty years old who appeared to be the spokesman and leader. He said they were hunters, had been there about a week, had killed only one or two deer, and were out of provisions. excepting a little coffee. A team and two men had gone that morning to Plum Creek station on the Union Pacific rail- road for provisions, but had not returned, therefore they could not feed 11s.

"It seemed very strange to ns that one man should do all the talking for the gang and he refused to tell us where they were from, except that he came from Iowa. It seemed

on going around the south side of the spur, saw two fine black horses and a new top buggy. I have been told by some of the early settlers that this was the rendezvous or hiding place of Doc Middleton ; but Doc had not gained notoriety in 1872, nor do I think he had gone into the rustling business then. If this was the cave. or station, attributed to the young man in Iowa, which I have every reason to believe it to be. Doc Middleton and he were one and the same person. Doc Mid- dleton was only a boy when the cave was occupied by the horsethieves."

HISTORY OF CUSTER COUNTY, NEBRASKA

THE WILD WEST HAS WILD HORSES

Dan Haskell, who came to Custer county before its organization, and who had to do with its development as much as any other man, gives this interesting account of a wild horse hunt in the county :

"A correspondent of the Chicago Drovers' Journal says : 'I have seen the stag hunt in Scotland and the steeple chase in Ireland, but compared with a wild-horse hunt on the Has- kell & Company ranch in Nebraska, these are tame sports.'

"In the summer of 1884, we had a herd of six hundred horses on our ranch. One eve- ning about sundown we were driving them across a small bridge when they became fright- ened and commenced to run. This raised a dense cloud of dust, which added to the fright of the animals, causing them to stampede, break through a fence on either side, and kill five of them, the balance of the herd flying in every direction into the hills. During the night they became mixed up with a herd of wild horses, of which there were large num- bers roaming over this country at that time. One would naturally suppose that the wild horse could outstrip his domesticated brother in a long race, but in separating our stampeded herd from the wild ones we discovered that such is not the case. The domesticated horse, being better bred, proved to have superior powers of endurance. As the wild horse has long ago disappeared from Custer county, a short description of his habits and the man- ner of hunting may be interesting to the reader.

"Wild horses roamed over the prairie in small bands. each led by a stallion, who was the head of the family. The first business of the hunter was to shoot these band stallions, which would cause the mares and colts of that family to unite themselves with another band. By repeating the operation of shooting the leading stallions quite a bunch of horses would soon be gathered together, the object being to chase as many down at once as pos- sible. Having gone thus far. the work of the hunter has just begun. When pursued, we found that wild horses always traveled in a circle, and that they would eventually get

back to the place from which they started. After getting a bunch of the required size to- gether, by shooting the stallions as described, our next move was to establish camps along the course we concluded the animals would run, with a man at each station to take care of the saddle horses, which were used in re- lays. Two men, well mounted, then started the herd of wild horses, and crowded them to their utmost limit, giving them tine neither to eat nor rest until they were completely run down, and would permit themselves to be corralled. It usually took about five days of constant motion to accomplish this, although sometimes a herd would succumb in two or three days. Whenever we reached a relay camp our saddle horses were changed, thus keeping the wild horses on the constant move day and night. The long race generally broke the old ones down so that they were seldom of any use afterward, but the young ones seemed little the worse for their chase after a few days' rest.

"Occasionally we would start a bunch led by an old stallion that would, when pushed hard. start out and run for fifty miles in one direction, taking us away from our camps al- together and compelling us often to ride a hundred miles without a change of horses. At intervals in the chase one or more of the wild horses would drop back, not able to keep up with the flying herd. These were always roped, thrown, and hobbled, so that we could return and get them after the main bunch had been run down. We had a one- armed man on our ranch, by the name of Jim Hunnell, who could rope and hobble a wild horse with the best of them. With one end of his lariat tied to the horn of his saddle, he would take the bridle-rein in his teeth, and, holding the coil and loop both in his hand, would catch and throw his horse every time, putting on the hobbles by using his hand and teeth. Those who have tried to rope a wild horse and hobble him with two good hands will appreciate the work done by Jim Hunnell. The most favorable time to chase wild horses was when there was snow on the ground, as we could then follow the trail much easier dur-

HISTORY OF CUSTER COUNTY, NEBRASKA

ing the night. We carried small, dark-lanterns with us, to be used when it would be impos- sible to follow the trail without them. We would sometimes be caught by a blizzard, in the middle of a chase, and be obliged to give up and get back to the camp as best we could. In February, 1883, my brother and myself started out to catch a small bunch of eleven horses headed by a fine roan stallion. One of the neighbors had been catching the colts for two seasons. We had six good saddle horses with us, expecting to locate them at two dif- ferent points along the course we thought the wild horses would take, but when we reached our friend's house he said he had chased the bunch several times and they took a circle only of ten or twelve miles, so we left our extra horses at his place and set out with but one feed of corn and a lunch in our pockets. We soon located the herd. and away they went like the wind, the fine old roan stallion in the lead. When the old fellow found out that some one was after him that meant business, he struck off on a tangent at the top of his speed in a southwesterly direction. Late in the afternoon we struck the North Platte val- ley northwest of Ogallala. The roan then changed his course to northwest, and traveled at such a killing gait that, had it not been for the snow on the ground, we could hardly have been able to follow him. As we neared the B. and M. Railroad, the snow became quite deep, and after the darkness came on we lighted our lanterns and followed the trail without any trouble. At three o'clock in the morning we concluded to stop and give our saddle horses a rest, as they had been ridden

hard all day and night, except when we had stopped to feed them the corn and to eat our lunch. We scraped a little round place in the snow, which was twelve inches deep, and lay down on the frozen ground together, hold- ing our horses by the bridle reins. We were so cold our teeth chattered together, while our horses stood and shivered. As soon as day- light appeared we arose from our downy bed and rode up to the top of a high bluff. from which we discerned the wild horses huddled up in a small valley with their heads down, taking a much-needed rest. Hearing the bark. of a dog, we proceeded in that direction and came to the ranch of Carl Gross, southwest of Lake- side, where we remained that day and the fol- lowing night. We were both snow-blind. Early next morning, we took up the trail of the horses and followed thein back to the place from which they had started. We pro- cured fresh saddle horses, set out after them again, and two days later had the entire bunch in a corral at our home ranch. While in pur- suit of this roan band, we sighted another herd of fourteen, headed by a fine brown horse, and next month gave them chase and had them cor- ralled in two days. This was our last horse hunt.

"Wild horses have almost entirely disap- peared from Nebraska, although it is said there are still a few small bands in the vicinity of Blue river. The writer has seen hundreds of them on Tallin Table in Custer county, and it was a grand sight to see the fat, sleek fellows watering at the pools, which stood there as late as the month of June, each leader herding his family to keep it from mixing with other herds."

CHAPTER IV

COUNTY ORGANIZATION AND DEVELOPMENT

THE PROPOSED GARBER COUNTY - KOUNTZ COUNTY - GOVERNOR'S PROCLAMATION - FIRST COUNTY OFFICERS - FIRST MEETING OF SUPERVISORS - FIRST VOTING PLACES - FIRST ELECTION RESULTS - THE NEW OFFICERS -CUSTER COUNTY JUDGES - THE FIRST COUNTY ASSESSMENT - NAMES OF THOSE WHO HAVE SERVED AS COUNTY CLERKS - CLERKS OF DIS- TRICT COURT - COUNTY TREASURERS - REGISTERS OF DEEDS - COUNTY SUPERINTENDENTS - OFFICIAL ROSTER OF CUSTER COUNTY - A NOTED SHERIFF - MULTIPLY VOTING PRE- CINCTS - THE LAST PRECINCT SUPERVISORS - THE NEW BOARD - BRAND COMMISSION- ERS - COUNTY DIVISION - FIRST LAND DOCUMENTS - THE EVOLUTION OF THE COURT HOUSE - THE CUSTER COUNTY UNITED STATES LAND OFFICE - KINKAID BILL GOES INTO EFFECT - NEW LAW TAKES EFFECT - A QUIET AND ORDERLY CROWD - CROWD GETS A REST - THE LAND ENTRIES - OPENING OF THE MILITARY AND FOREST RE- SERVES - PERSONNEL OF THE NOTARIES - LETUP. STOP, OVER, AND REST

From the vast sweep of an almost endless prairie, entirely without human inhabitants, save marauding tribes of primitive red men, to a white population numerous enough to jus- tify the organization of a county, is a far cry. Prior to June, 1877, the territory now com- prised in Custer county covered all the dis- tance between the uninhabited waste and the nucleus of organized government. Under early conditions the cattlemen or ranchers had been compelled to pay taxes to the organized coun- ties on the east. They had no benefit from any taxes paid and no enforcement of the law. If lawless characters committed depredations, ran off or branded their stock, there was no recourse of law. Of course the cattlemen never expected that this would become an agricultural territory. It seemed evident to them that it would always be a range country and cattle-raising the chief industry ; still, they must have some semblance of law, there must be some way provided to punish cattle thieves and, perhaps, a few schools would have to be established. In order to accomplish this, it was evident that county organization should be established and maintained.

County organization began to be talked over. Several meetings were held at different times for the purpose of taking steps toward or- ganization. One of these meetings was held in the residence of Nc George, at which were present Frank Young, L. D. George. Coe Kil- gore, and Joshua Woods. No action was taken, however, and in different places were held sev- eral other meetings, which were barren . of results so far as effecting organization was concerned.

THE PROPOSED GARBER COUNTY

During the winter of 1875 a bill was intro- duced into the legislature, and passed by both houses, authorizing the organization of a coun- ty to be known as Garber county, comprising a territory of twenty-four miles square, ly- ing immediately west of Valley county. It did not appear, however, that the proposed new county had enough inhabitants to support and maintain, through taxation, a county organiza- tion. So. the proposition received the veto of Governor Garber. The governor's veto did not take into consideration the fact that the new county was named in his honor. The territory

HISTORY OF CUSTER COUNTY, NEBRASKA

mcluded in the bill to create Garber county was about one-fourth of the present Custer county, and on the basis of the precinct organization would have included the precincts of Sargent. West Union, half of Milburn. most of Lillian, all of Garfield, Douglas Grove. Comstock. Spring Creek, Westerville, some of Berwyn, and about one-fourth of Broken Bow. The southwest corner of the county would have been located in the present townsite of Broken

how this name came to be applied or who was the first to apply it, is not known. The government, however, seems to have given some recognition to this cognomen. The early postoffices of the county were designated as being in Kountz county, Nebraska. This statement concerning the counties accounts for the conflicting opinion that prevails among early settlers concerning the first county names. Some state positively that Custer

Old cottonwood tree on the Anton Abel ranch, south of the Loup river, where was held the last mecting to effect county organization, in 1877. This meeting named the county and chose the officers who were later appointed by the governor. The only two survivors of that meeting are shown in the above picture and are J. J. Douglass and Al. Wise, both of Callaway.

Bow. Notwithstanding that the measure failed. the name Garber county attached to this ter- ritory until after the organization of the pres- ent county.

KOUNTZ COUNTY

Exclusive of that portion of the county which wanted to be organized into Garber county, all the rest of the unorganized territory west of Valley and Sherman counties was known as Kountz county. so named after Kountz brothers, wealthy bankers of Omaha. Just

county was first known as Garber county. others that it was first known as Kountz county and, in harmony with the above ex- planation, both are right.

NOW COMES CUSTER COUNTY

Agitation for the new county continued and finally culminated in the organization of Cus- ter county. The taxpayers of the unorganized territory were growing continually more rest- less under the assessment of high taxes which they could pay but could not spend. This left

HISTORY OF CUSTER COUNTY, NEBRASKA

them, they declared, holding the hot end of the poker. Other organization meetings were held and the agitation kept up. Eight ranchmen met one day under a tree on the Frank H. Young place and took the preliminary steps toward organization. A later meeting at which thirteen ranchmen were present finally put the machinery in motion. This second meeting was held at the Anton Abel ranch. The first officers were recommended to the governor by the men in attendance at this meeting.

In the legislature of 1877, the Hon. J. H. McCall. of Dawson county, came to the rescue of these settlers and introduced in the legis- lature the following bill, which accordingly passed both houses and was signed by Gov- ernor Garber :

Be it enacted by the legislature of the State of Nebraska :

Section 1. That all that portion of the state of Nebraska, commencing at the southeast cor- ner of township thirteen ( 13), north of range seventeen (17), west of the sixth principal meridian, thence north to the northeast corner of township twenty ( 20), north of range sev- enteen (17), west, thence west to the north- west corner of township twenty (20). north of range twenty-five west, thence south to the southwest corner of township thirteen (13), north of range twenty-five ( 25), west, thence east to beginning, shall constitute the county of Custer.

Approved February 17, 1877.

It is not known who is entitled to the dis- tinction of naming the new county, but it was named "Custer" in honor of the gallant In- dian fighter who perished with all his com- mand at the memorable battle on the Little Big Horn the previous summer, 1876.

In May å petition was sent to Governor Garber, signed by most of the cattlemen of the county, asking for the appointment of tem- porary officers to complete the organization of the county, as follows :

To the Honorable Silas Garber.

Governor of the State of Nebraska :

We, the undersigned, inhabitants of Custer county, Nebraska, and taxpayers therein, pe- tition you to appoint and commission James Gasmann, Anton Abel, and H. C. Stuckey as special county commissioners, and Frank H.

Young as special county clerk of said county for the purpose of forming a permanent or- ganization for said county, and that you will appoint and declare the southeast quarter of section 23. in township 15 north, range 22 west, as the temporary county seat of said county, and for this we will ever pray.

( Signed) Frank H. Young

James G. Gasmann

Emmett V. Filer

W. T. H. Tucker

Nate Fuller

Il. C. Stuckey

J. J. Douglass

Denman Fritt

P. W. O'Brien

Phil Dufrand

A. B. Bradney

Anton Abel

W. W. Wattles

E. J. Boblits I. O. Child

James Paxton W. H. Kilgore

A. H. Wise

Joshua Wood

T. M. Jameson

S. C. Stuckey

Reginald McKee

Louis Wambsgan

STATE OF NEBRASKA County of Dawson,

Personally appeared before me. a notary public in and for Dawson county, Nebraska, James P. Paxton, Frank H. Long, and James Gasmann, who, being duly sworn, depose and say that they are resident frecholders in the county of Custer and state of Nebraska, that such county contains a population of not less than two hundred inhabitants, and that ten or more of such inhabitants are taxpayers, and further they say not.

James P. Paxton Frank H. Young James Gasmann

Subscribed and sworn to before me this 19th day of May, 1877.

( Seal) H. O. Smith, Notary Public

The following letters and recommendations from prominent citizens of Dawson county were forwarded with the petition to the gov- ernor, and may be interesting as a part of this history :

Office of the Clerk of County and District Courts, Dawson County.

Plum Creek. Nebr., June 14, 1877. His Excellency. Silas Garber, Lincoln, Nebr.

Dear Sir - Several of the citizens of Cus- ter county have been speaking to me about the organization of that county, and desire me to write to you about the matter. There is quite a large amount of personal property owned by the citizens of that territory, and under the present status it is under the con- trol of no one. One-half of the county is in this judicial district. and the other in the

HISTORY OF CUSTER COUNTY, NEBRASKA

sixth. Mr. Young, a resident of that county. will call upon you for the purpose of seeing about the matter, and will explain the situa- tion to you. I feel like accommodating them if it can be done. Please let me know the situation. Yours, etc .. C. J. DILWORTH Plum Creek, Nebr .. June 23, 1877. Governor Garber, Lincoln, Nebr.

Sir - I am acquainted with a great many of the residents of Custer county and they all are very anxious to be in running order. and it would be a great help in stopping the cattle and horse stealing. I am personally ac- quainted for a long time with F. H. Young, and can recommend him in every respect.

R. F. JAMES, Sheriff Dawson county. Nebr. We have read the statement of Mr. James and believe it true in every particular.

H. T. HEDGES, P. M.

E. S. STUCKEY, County Treasurer

H. O. SMITH. Deputy Sheriff T. L. WARRINGTON, Attorney at Law W. H. LENGEL. County Clerk

R. B. PIERCE. County Judge

Plum Creek, Nebr .. June 23, 1877 Hon. Silas Garber. Lincoln, Nebr.

Dear Sir - Enclosed find letters from the county officers in regard to Custer county. Mr. MacColl is absent and will not be back for about two weeks: the other officers all signed the papers. I would like to get the commission by return mail. if possible, as I am in a hurry to get out of Custer county to look after my calves, as it is time to brand them. Hoping you will give this your early attention, I remain,

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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 7

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