USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 64
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 64
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It is reported that some unhappy wight, in spite of his denial, had $10.00 worth of justice administered to him in the shape of a mulet. Burning with revenge, he applied to a man learned in the law at Sutton, who issued a certiorari and the muletee went in person to serve it on the muletor. He found him floor manager of a good old homestead dance. The bench paid over the $10.00 without delay, and pleasantly remarked that the Latin term was an enigma, but if it was anything against the county officers it was a dead lie, or as it appears of record in book A, page 417, "If the said Latin contained anything reflecting on the present incumbents of the incorporal heriditiments of titles, offices and dignities within and for said county of Hamilton, the onus probandi was on the Allegator and the allegatoree by his answer denying the premature of said Latin, and further that he put himself upon the country the inferential conclusion of a ratiocinationist syllogistically expressed would be, not proven, and the allegatoree would be entitled to go hence without delay."
Up along the great broad train from Nebraska City to Junctionville each day came an army. Their music was the laugh of a child, their evening song and
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the morning hymn-their banner, the flag of a union-their weapons, the plow, scythe, flail and ehurn-their trophy, a home. They came not to shed blood or destroy; theirs was to create, to upbuild; they left in their path a hope, a blessing, not a tragedy and despair. When the sun went down, all along the trail bright lights were burning : an unbroken camp; almost no arms were there except the loving sheltering arms of wife and mother, and the protecting arms of husband and father, for taps they bowed their heads, for reveille there arose a blessing. These clear headed. undaunted men, though sometimes, for a full memory was theirs, of other trails, when the women and children were not with them the weary march, the headlong charge, the stern repulse, thirst, dis- ease, hunger, pain, horror, farewells forever, an empty sleeve, the broken hearted, with their saintly, patient, weary faces, waiting for the roll call beyond; with it sometimes they thought of victory, but above all of that sweet, sad face. "Motley and Monarch," of the inspired words "All free or all slaves." Was he not a king, had they tasted such bitterness as he, had they felt the brutal hand of social caste, could they find more abject poverty than was his? He was a pioneer, so were they. Hlad he not been lifted up? What can better express unselfishness, honesty, devotion and patriotism than his name, which was signed to the great Proclamation of Freedom; to the Homestead Act, which guaranteed to the poor and needy support and a home of their very own. Small wonder is it that nearly always in the living rooms of western homes there looks down with a perpetual benediction, Abraham Lincoln. These camp fires soon burned on hearths, and the land was fat and to preserve the sacred fruits of war and debates, that all should have their rights to keep the fire of liberty glowing, that none might forget that each one was sovereign, a little band of high-minded, zealous. and pure hearted missionaries came to ns. How their names stand out-what a record of good deeds, heart aches and sugarings allayed, oh, the world ean never, never know. Their names are as familiar as Jack, the Giant Killer, Jesse James and Benedict Arnold.
"To know them is to love them." What a field for the historian magazine writer and state prison association is the life and strange adventures of Posten, Ream, Darnall, Denion, Ellsworth, Miller, Agee, Wildish, Rittenhouse, Hainer, Stark, Leach, Hayden, Winters, Johnson, Smith, Van Boskirk, Likes, Hellings, Kellogg, Stevenson, Lincoln, Stone and Myler. There might be some carping pessimistic party who might secretly hint to his bosom friend that perhaps "there might be things" that possibly could be criticised in the conduet of the above named, but jealousy and slander is what every one pays to sterling worth. Then there are those who have lucubrated and emerged in our own baliwick, and model young men they are, who never told a lie or stole a freight car,-Sauls, Graybill, Waite and Wiley, the roll of fame they will soon paint red. Having had the example of our truly good bar, they will, no doubt, soon run for office or Canada. They are as bright and promising a lot of young men as can be found in the wild, weird and rowdy west. Such has been, and now is, the bar of our county ; a company of illustrious gentlemen ; a defiant, blushing, stern meaning lot to be sure, easily embarrassed and put down; as truthful as George Wash- ington or Ananias; as honest as Alexander Hamilton or William Tweed; as capable as the Halladay wind mill (for sale by J. R. Van Boskirk, northeast corner of the square, for cash or on time, $5.00 for putting it in here). or Darius
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Green's flying machine. They will some day enter into their reward. Who are these who rise up before us? They have walked with Marshall, Story, Kent and Parsons ; these grand and good men deserve our homage. I cannot write of them, my pen fails me. Who can picture an Italian sunset, dying groan? There they stand in awful mien, the perfection of right and justice-alive-the bench of our county ; they who have pressed the wool sack, one of them pressed it so it is sort of poorly now, but by exercise of great diligence it will maintain Judge Lincoln if aired frequently and blown up occasionally ; Lamont, Hunter, Ward, Whittemore, Stark, Ream and Lincoln, that is a galaxy of "names not born to die." God save the state of Nebraska.
DEFUNCT INDIAN STOOD NO SHOW WITH LIVE LAWYER
We hear a story of Alex Posten, an early attorney in this county. It occurred following the battle between Sioux and Pawnees in which the former captured the Pawnee women, children and lodges, and the braves who had been decoyed away with prospects of getting buffalo had to recapture their women and chil- dren to prevent tribal extinction. It was a terrible battle and a great many of them were wounded as well as killed when they passed through Hamilton county. One chief who was badly hurt died and was buried on the Posten place. A few days after they had gone Posten was observed to have a good robe and was questioned how he got it. He admitted that after the funeral exercises he had reasoned that the brave absolutely had no further need for that burial robe and he did, so he just went out and got it .- Aurora Register.
EARLY ATTORNEYS
The following is a list of the attorneys who have been members of the bar of Hamilton County, together with the terms of court before which they made their debut :
Thomas Darnall, F. M. Ellsworth, E. M. Denion and Alex Posten, May, 1874; A. W. Agee, W. K. Ream and J. S. Miller, June, 1876; Hayden, Crippin & Pos- ten, William Marshall, district attorney, December, 1876; George Wildish, M. B. Reese, district attorney, June, 1877 ; A. J. Rittenhouse, Miller & Rittenhouse, E. J. Hainer, December, 1877; C. R. Glover, June, 1878; J. H. Smith, Miller & Smith, June, 1879; W. L. Stark, Rittenhouse & Glover, William P. Hellings, December, 1879; H. V. Temple, Agee & Hellings, June, 1880; Philip Likes, Jan- mary, 1881; J. B. Winters, December, 1881; J. H. Lincoln, J. H. Sauls, F. R. Norman, December, 1882; H. M. Kellogg, Hainer & Kellogg, December, 1883; W. J. Stevenson, Agee & Stevenson, November, 1884; J. H. Edmondson, D. M. Waite, Rittenhouse & Waite, March, 1886; J. A. Whitmore, R. W. Graybill, March, 1887; Robert Shirk, September, 1888; J. U. Davenport, January, 1890; F. M. Coykendall, March, 1890.
The members of the bar in 1890 were: E. J. Hainer, A. W. Agee, Philip Likes, Kellogg & Graybill, J. A. Whitmore, W. L. Stark, W. J. Stevenson, J. A. Sauls, J. H. Lincoln, J. H. Edmondson, F. R. Norman, W. P. Ifellings and F. M. Coykendall.
Vol. I-36
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HISTORY OF HAMILTON COUNTY
LATER ATTORNEYS
Those lawyers who have come into Hamilton County to practice since 1890 have not been so numerous, but the tenure of practice of a lawyer in such a county holds out well in years. Into the practice, in the middle nineties, came M. F. Stanley, E. E. Carr, James S. Musser and J. M. Day. Later, almost ten years, came Charles P. Craft and F. A. Bald. J. H. Sauls had been practicing at Hampton and John J. Roach had been practicing in the nineties. Craft & Bald rather succeeded to the Hainer & Smith practice. In 1913 Craft became associated with Judge Hainer in the Lincoln offices and Homer E. Aylesworth came to Aurora. After about three or four years' practice Mr. Aylesworth suddenly died. Soon thereafter Frank E. Edgerton, who had been assistant attorney general, came to Aurora, and the firm of Hainer, Craft & Edgerton came into existence. For a time Geo. Christofferson was with this firm and is now in Grand Island.
The lawyers practicing in Hamilton County in 1907, with the year of their ad- mission to the bar were : F. A. Bald, 1904; Frank Coykendall, 1889; Chas. P. Craft, 1904; J. H. Edmondson, 1887; J. H. Grosvenor, 1898; M. F. Stanley, 1896; W. L. Stark, 1877; Geo. F. Washburn, 1884; and John A. Whitmore, 1880, the dean of the Hamilton County bar.
Charles L. Whitney was admitted in 1910.
In 1921 the lawyers practicing in Aurora are: Frank Coykendall, Chas. P. Craft, Frank E. Edgerton, C. Cooper Frazier, junior member of the Craft-Edger- ton firm and present city attorney; Arthur M. Hare, member of 1921 constitu- tional convention from Hamilton County ; John J. Reinhardt, county attorney now; Roscoe R. Smith, who is leaving in spring of 1921 for Pacific coast ; M. F. Stanley, John A. Whitmore and Charles L. Whitney.
EARLY COURT
By an act of the Legislature of Nebraska, approved June 12. 1867, the state was divided into three judicial districts, the counties of Cass, Sarpy, Douglas, Saunders, Lancaster, Seward, Butler and the territory lying west of the same constituting the Second Distriet. A subsequent act, which went into effect June 21, 1873, fixed terms of court for Hamilton County, on the first Thursday after the first Monday of May in each year.
Under these acts the first term of the district court was held in the county, commencing May 7, 1874, at Orville City, IIon. George B. Lake, of Omaha, pre- siding, with J. M. Smith, as sheriff, and William R. Mitchell, elerk.
There were nine cases on the docket. the first being that of Levi Lentz vs. S. G. Glover and Thomas Glover : Dilworth & Robinson, attorneys for the plaintiff. There were no contested cases tried, one decree only being entered, on default of defendant, in the divorce case of George W. Howard vs. Fidelia J. Howard. The attorneys appearing of record at this term were Dilworth & Robinson; M. H. Sessions, of Lincoln ; John D. Hayes, of Harvard; O. A. Abbott, of Grand Island ; and Thomas Darnall, F. M. Ellsworth and E. M. Denion of Aurora. The last three, together with Alex Posten, constituted the bar of Hamilton County at that time, S. S. Hayden being admitted at this term. May 6, 1875, the time fixed for
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holding the next term of court, Judge Lake failing to appear, court was ad- journed sine die by the clerk.
On November 1, 1875, the new state constitution went into effect, by which the counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall and Howard were constituted the Fourth Judicial District of the state, and the same year Hon. George W. Post, of York, was elected judge.
The next term of court was held by Judge Post, commencing June 13, 1876. This term was the first held at Aurora, to which place the county seat had been removed the preceding January.
At this term A. W. Agee, W. K. Ream and J. S. Miller made their first ap- pearance as attorneys in the district court of this county. From this time on regular terms of court were held in the county, Hon. George W. Post presiding as judge until the close of 1882, when he resigned, and Hon. T. L. Norval, of Seward, was appointed by Gov. Dawes to fill the vacancy. Judge Norval was an excellent jurist, and a man of keen perception and fine attainments. He was universally respected by the bar and citizens of the entire district. He presided in this capacity until December, 1889, when, having been elected to the supreme bench of the state, he resigned as judge of the Sixth District, and Hon. J. H. Smith was appointed by Gov. John M. Thayer to fill vacancy.
By an act of the legislature, which went into effect March 31, 1887, the state was re-apportioned into twelve judicial districts, the counties of Seward, York, Hamilton and Polk constituting the Sixth District.
Among the important civil cases tried before the district court of this county have been : The State ex rel. the Commissioners of Hamilton County vs. W. L. Whittemore; Sechler & Brotherton vs. W. L. Stark; Joshua Cox vs. F. M. Ells- worth ; George T. Hunter et al vs. John C. Soward; George W. Jordan vs. Ham- ilton County Bank; Henry Newman vs. George Mueller et al; State ex rel. Com- missioners of Hamilton County vs. W. K. Ream; State ex rel, Reuben Graybill vs. W. L. Whittemore; S. K. Haines vs. Spanogle et al ; J. C. Ratcliff vs. J. H. Faris; School District No. 9 vs. School District No. 6; School District No. 16 et al vs. School District No. 9; William A. Johnson vs. E. D. Preston ; William H. Waters vs. Adolph Reuber; Thomas Lynch vs. J. J. Reardon; Catherine Engle vs. W. V. Morse & Co. and many others. Of these a few which are of general interest and importance are here cited at length. Among them are the cases growing out of the division of School District No. 6. (Rateliff vs. Faris; School Distriet No. 9 vs. School District No. 6; School District No. 6 vs. School District No. 9, etc.) One of these will be sufficient to explain the points involved in the suits.
School District No. 9 vs. School District No. 6, A. W. Agee and M. H. Sessions, attorneys for plaintiff, E. J. Hainer and George B. France, for defendant. This was a celebrated case and involved a considerable sum of money, which was claimed from District No. 6 by District No. 9.
Joseph H. Edmondson was born at Arch Springs, Pennsylvania, April 20, 1875. and died at Lincoln, Nebraska, March 20, 1918. He grew to manhood in his native state and acquired his education there. He came to Nebraska in 1879, coming to Hamilton county with the Burlington railroad when it was building through here, and located at Hampton. He made his home with the J. H. Sauls family and thus met the member of that family who later became
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HISTORY OF HAMILTON COUNTY
his wife. He taught school in Hampton and vicinity two years and began the study of law under Judge J. H. Sauls. In 1881 he was married to Miss Nellie C. Sauls. Four children were born to this union, one of whom died in babyhood. The wife and three children survived him. These children were : Walter, then at Camp Cody; Mrs. Rachel Hanson, Mullen, Nebraska ; and Juanita, at home.
He was the only one of his immediate blood in this part of the country, his nearest relatives being at Altoona, Pennsylvania, and Denver, Colorado. All members of the family were present at his death and funeral except Walter. John Sauls, the brother-in-law, came from Harrisburg, arriving before the fu- neral party, to attend the service.
In the middle eighties Mr. Edmondson was admitted to the bar and practiced law at Hampton until his election as county judge in the fall of 1895. He served as county judge two terms, 1896-9. IIe represented the county in the Nebraska legislature one term and was county attorney one term, being elected to all of these offices as a populist on the fusion ticket. He was also elected and served as mayor of the city of Aurora. For many years he took an active part in all political and legal matters pertaining to the county and was accounted one of the able men of the Hamilton county bar.
Mrs. Julia B. Hainer, wife of E. J. Hainer, well known Nebraska attorney and financier, died suddenly at her home, 1339 South Nineteenth street, be- tween two and three o'clock this morning, before medical aid conld be summoned. Heart trouble was the cause. Mrs. Hainer was about sixty-three years old. Her death came as a great shock to the many friends of the family in Lincoln.
She had been in her usual good health all day Tuesday, having herself taken her son-in-law and daughter, Mr. and Mrs. L. E. Hurtz, to the train Tuesday evening, in the family car when they left for Chicago.
Early this morning she awoke her husband and told him she could not get her breath. He hurriedly switched on the lights in the bedroom and picked up his wife to carry her over by a window. She succumbed in his arms. Medical assistance summoned as rapidly as possible arrived too late.
Mrs. Hainer was active in church and social circles, having been a member of the Sorosis and Lotus clubs, and of the Matinee Musicale.
The family moved to Lincoln about twelve years ago from Aurora, where they made their home for many years.
Besides the husband, two daughters survive Mrs. Hainer. They are Mrs. L. E. Hurtz, of Lincoln, and Mrs. J. C. O'Connor, of Berkeley, California. a prominent Red Cross leader.
Hamilton County Medical Society was organized at the office of Dr. W. F. ยท Gooden, in Aurora, June 20, 1888. The following officers were elected: Presi- dent, C. E. Brown, Bromfield ; vice-president, A. R. Ray, Marquette; treasurer. W. F. Gooden, Aurora ; secretary, F. J. Bicker, Aurora.
The physicians of York, Ilamilton, Clay and Fillmore Counties had or- ganized in 1880, but as the number of physicians in each county increased. they withdrew from the old organization and formed separate societies. The Hamil- ton County Society is chartered by the Nebraska State Medieal Society, and holds regular meetings on the first Tuesday of January, April, July and October of each year.
The following is a list of the officers and members: President. W. F. Gooden,
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M. D .; vice-president, E. A. Steenburg, M. D .; secretary, F. J. Bricker, M. D .; treasurer, T. J. C'ase, M. D .; C. E. Brown, M. D .; A. R. Ray, M. D .; D. S. Woodard, M. D .; T. H. Line, M. D., and C. B. Coleman, M. D.
There have been a good many physicians practicing in Hamilton County, but there are a few who should receive mention. Among these have been, of the later doctors who came in mainly since 1890: W. M. Knapp, Aurora; O. M. Newman, dentist; F. H. MeCall, osteopath; D. S. Woodard, Aurora; I. W. Haughey and F. G. Snyder, first to Hampton, about 1898; J. P. Whitmore, homeopath ; I. C. Krickbaum, C. I. Kriekbaum, at Hampton; I. G. Myers, G. H. Marvel, who came about 1907, and F. A. Thomas, osteopath; Dr. Woodard's son, J. M. Woodard; J. E. Gelow, Hampton, now at Grand Island, in 1921; H. C. Vogt, chiropractic; Dr. Lucien Stark; Dr. Callaghan, chiropractic, and also R. C. Miller.
The doctors practicing in 1920 have been mentioned in the business lists of the respective towns.
CHAPTER XII
HAMILTON COUNTY IN THE WORLD WAR
THE BEGINNING-AURORA COMPANY ACCEPTED-SECOND PATRIOTIC MEETING-DUR- ING THE SUMMER-JUNE 5TH REGISTRATION-RED CROSS ORGANIZED-COUNCIL OF DEFENSE-HAMILTON COUNTY LEADS THEM ALL-CAMP HAMILTON-RED CROSS WAR FUND-HAMILTON COUNTY'S BANNER-WOMEN'S ORGANIZATION-HOME GUARDS-THE ABANDONED CAMP-WOMEN'S REGISTRATION AND ACTIVITIES-Y. M. C. A. DRIVE-HONOR ROLL BEGINS-FOURTH LOAN-FURTHER HONOR ROLL-FOOD COMMISSION-GILTNER HOME GUARDS-STAMP DRIVE-HONOR ROLL AND GOLD STARS.
HAMILTON COUNTY IN THE WORLD WAR
The record of Hamilton County in the great, but terrible World War, in the dark days of 1917 and 1918 will ever stand out a bright and shining mark in the county's history. Almost all Nebraska counties did their part, but probably no county in the state has a greater record in consistency or brighter record for promptness than Hamilton. There is so much that could be included, but the story of the work done "back here" by those at home has been practically written by Charles M. Grosvenor, for to the files of the Aurora Sun mainly has ref- erence been had in compiling this chapter, and most of it is composed of the accounts of the various incidents and steps as written while fresh in mind.
The first great move "back here" after the formal declaration of war was vividly deseribed by the Aurora Sun as follows :
"Never before has Aurora witnessed such a parade as that which passed about the business section of the city April 9, 1917, and there were but few who witnessed it that had ever expected to see such a spectacle in this peaceful com- munity of churches, schools, industry and contentment. But the day had come when all of the fondest hopes of those who desired that the country remain at peace were to be laid aside and when men must take the one great and deeisive stand for God and home and native land. The gore-grimed fist of the Prussian militarist had slowly reached out in its ruthless search until our nation had been compelled to stay its further approach-even at the loss of our own blood and treasure. A war not of our asking, not of our making and not of our desire had been thrust upon us as the greatest nation in the world standing for human rights and human liberty against all oppressors of every land. The moment to act had come and the nation had acted promptly.
"Last Thursday afternoon there issned a call, signed by Mayor James M. Woodard and President Roscoe R. Smith of the Commercial Club, asking that the citizens of Hamilton county unite in a public mass meeting to be held the fol-
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lowing Friday afternoon. Congress had not at that hour made the declaration of war against Germany, but in the early morning hours of Friday the declara- tion was made by an overwhelming majority vote.
"Thus it was that Aurora held her big patriotic meeting within a few hours of the time at which we beeame officially at war with the German Empire. For days the business section of the city had borne the air of a national holiday, with the colors floating from buildings all about the city and decorations of bunting everywhere. But on Friday morning the entire city was decorated, Old Glory showing from every window and point of vantage on every thoroughfare. It was a sight to inspire, although the import of it all was felt by those who know the sacrifice, the sorrow and the fortunes that come with war. While the spirit of patriotism ran high and love of the righteous cause in which the nation was enlisting was the dominant note, yet there was the subdued and reflective thought of what it all may mean before the culmination-the time of which no man can foretell.
"Major Otis M. Newman and Captain Carl Johnson assisted the commercial club in making all the arrangements for the meeting and in the assembling of the parade.
"The old soldier fife and drum corps of Grand Island had been secured for the day and these white haired veterans of the sixties led the parade about the business seetion, the martial music carrying the older people back to the dark days of the rebellion and filling the hearts of the younger ones with that irre- sistible enthusiasm that knows no bounds. In the parade were many veterans of the civil war, members of the Nebraska Guard, boy scouts and citizens of every walk and vocation. Hundreds of school children were in the line of march, the smaller classes being accompanied by their teachers. The parade extended almost the distance of three business blocks and presented an inspiring sight. All busi- ness in the city was suspended and hundreds of people lined the walks as the parade filed past. When the marchers broke ranks the park was quickly filled, every available seat being taken, while hundreds stood throughout the service. The crowd was remarkably large, when it is remembered that the meeting had but twelve hours of notiee.
"The meeting was presided over by Mayor James M. Woodard, who first introduced Mayor-elect W. I. Farley. Mr. Farley spoke briefly, setting out some of the reasons why the American nation had found itself in the folds of this terrible war and why the hand of European militarism should be struek down.
"General Delevan Bates, civil war veteran and hero of a score of hard fought fields, spoke for the men of the G. A. R. and told of the commencement of the Civil war, the call for volunteers and the long years of struggle which followed.
"Dr. J. D. M. Buckner, it was announced, was to speak for the clergy of the city. but upon taking the platform he rather intimated that he was likely to speak for himself-which he proceeded to do. Dr. Buckner had for a long time been a peace advocate and had espoused the cause with his usual vigor-but recent developments in the great European struggle had caused him to change his mind and to arrive at the belief that the kaiser must be 'licked.' Dr. Buckner said that two of his sons had married German girls and that baek some distance his people had no doubt been German, but now all of us are American and the
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