USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 73
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 73
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We think it safe to say, that as to years of continuous residence and prac- tice, Judge Inrd and the writer are the oldest attorneys in the county. Judge Hurd was a student in the study of law under the late James Laird, one of the first attorneys to locate in Adams county, and who died while a member of Congress.
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Both Judge Hays and Mr. Laird were able attorneys and gave most kindly assistance to many a young attorney just starting in the practice of law.
The justice courts of our county have usually, from the first organization of the county, been presided over by men worthy of their duty. We are not sure as to the oldest continuous justice, but are inclined to give the place to Justice A. M. Lathrop of Inland, who we think has been a justice most of the time since each township was given a justice. We wish Mr. Lathrop would tell us in his Inland Letter to the Courier.
Ezra Brown of Harvard has served at various times, an aggregate of some twenty-five or more years. Mr. Brown is also a member of the Clay County Bar, and has been police judge of Harvard for many years.
At the conclusion of Mr. Barbour's research as set forth in the foregoing narrative, Mr. Barbour diverted to include a short narrative by another early settler of Clay county, and then concluded his own series with a valuable line of statistical data. It was a very fortunate thing for the cause of preservation of Clay county's early history that Mr. Barbour performed this task some three or four years before his death.
"In 1871 the Sioux Indians raided that section, burning all the property they could find, and being halted only after their chief had been killed. This occurred in a gallant defense of a ranch house by four men and three women who were attacked by several hundred Indians."
"On this raid, the Sioux nearly depopulated the settlement along the Little Blue, driving practically everybody out, killing a number of settlers and stage drivers and persons driving their wagon trains."
"The pony express ran through this section, and for years the riders had to go at full speed, as every time they went from post to post they were chased by the Sioux. After the Indians had gone, some of the settlers came back, and thereafter they increased so rapidly that the reds never tried to repeat their raids on a scale of past years."
The writer of this article has heard James Bainter and others living in Clay county at the time of this raid tell of their part taken in defense of their property and homes against the Indians in this raid, and we think the raid above referred to as having taken place in 1871, was in 1869 or perhaps 1870, which we understand to have been the last Indian raid made in Clay county. We may be in error, but it is our understanding that it was generally understood to have been Mr. Bainter whose steady aim brought down the Sioux chief above mentioned, and caused his red warriors to desist from further carnage and leave the field.
Mr. Bainter has removed from the county to some of the western states hav- ing lived near Spring Ranche till some five years or so ago, but there are still, in the county, those who were either here at the time or came soon after, who are well conversant with the incidents above mentioned.
John W. Latham, well known to many people in Harvard as a heavy property owner here some years ago, was a partner with Mr. Watson in the overland freight business about the time to which these incidents refer.
Associated with these incidents and parties we will connect the first mortgage given on real estate shown by the mortgage record of Clay county, as having been given by James Bainter to Diantha Latham, on one-hundred sixty acres
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of land in part of section eight, Spring Ranche precinct, in the sum of eight hundred ten dollars, of date December 9th, 1871.
This mortgagee was the wife of the above mentioned John W. Latham. This land was, we think, the homestead of Mr. Bainter on which he resided at the time of these raids.
Having mentioned the first real estate mortgage, we will give the record in- formation of first deed and other first things to take place, in the long list of their nature and kind that will not stop while the wheels of business turn.
The first guaranteed deed to be recorded was from Luther French to Robert G. Brown, on lot 19 in block 19 of Sutton, five dollars having been named as the consideration. This deed is of date October 28th, 1871, is acknowledged before F. M. Brown. The second warranty deed was by M. French to Arthur Burlin- game, for lot 17 in block 17, Sutton, with fifteen dollars consideration. while there were six other deeds given by Mr. French to various persons for lots in Sutton of about the same date, October 28, 1871, making the first eight deeds to go on record.
The second real estate mortgage, was given on Sutton property to Mr. French, from whom it had evidently been bought, the consideration named being $2,000, but date of mortgage not given, though it was evidently about the same time.
The first term of district court to convene was that of May 16th, 1873, and adjourned to May 23rd, with Daniel Gantt, judge, A. J. Weaver, district attorney, F. M. Brown, clerk, and F. Kearney, sheriff.
Case No. 1 was Peek and Meston vs. Cheeney and Farmer, to foreclose mechanie lien on property in Harvard, No. 2, was a mortgage foreclosure, and default taken.
The first criminal case was at this term and is known as State of Nebraska vs. Lorenzo Snow, for assault and battery, in which defendant was convicted before a jury and sentenced to pay a fine of ten dollars and costs.
The trial jury at this term of court to be drawn were: F. M. Davis, B. F. Hockett, A. M. Lathrop, Ales Meston, George Page, M. J. Hull, John F. Sawtell, Ezra Brown, R. L. Garr, A. B. Smith, T. R. Elder, E. E. Lake, David Northrop, Daniel Lenfest, J. W. Ramsey, S. C. Sloat, J. H. Manchester, Mr. Ally. Albert Hardy, W. Cunnings, Chas. A. Buch, Frank Paschall, and two others not report- ing. We do not know just which ones of these tried the first case but it was twelve of the above named.
There was also a grand jury at this term, being the first to be drawn for the county. The names of those drawn were: Daniel Cronin, W. F. Guthrie, Wm. Todd, George F. Warren, C. M. Turner, R. W. Brown. Richard Bayley, Leroy S. Winters, Lonis N. Bryant, J. Rowley, F. Northrup. Joel Longsareth and T. Weed. Three not reporting, R. S. Volliett, Geo. W. Bemis and I. N. Clark, were chosen talesmen to take their places. T. Weed was foreman. We are not advised as to the work done by this jury but think there were some in- dietments found, one being as we recall, against Smith for the shooting of C'onent over claim and land trouble, who was afterwards acquitted.
The first attorney to be admitted to practice in the county was at this term and was Wm. H. Mitchell, the committee on examination being H. Hayes. James M. Me Fall was also admitted on certificate without examination.
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The first eivil action in the county court was James Schomerhorn ys. D. P. Jones, on aeeount, for the putting down of a well. Trial had at court of November 6th, 1871, who found for plaintiff in the sum of $33.20 and costs of $4.00. R. G. Brown was attorney for plaintiff.
The probate department of this court shows the first estate to be probated was that of Jndthen Loomis, who left a will, and came before Judge Maltby, December 11, 1872. The second probate case came before Judge Burnett, December 1, 1873, nearly one year later and was that of William A. Trobangh estate. It may be noted that the County Judge's office was not a very paying office then.
The first guardian to be appointed by this court was Mary Kennedy, as guardian for Carolina Bush.
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I question if a more intelligent and worthy grand and trial jury was ever
drawn in this eounty, than composed these two juries, the first to be drawn as herein given for the county.
LEGISLATIVE REPRESENTATION
In the State Senate. Clay County has been represented: 1877, W. C. Walton, Sutton; 1879, D. A. Scoville, Aurora; 1881, J. B. Dinsmore, Sutton, who served as president pro tempore of that body; 1883 and 1885 by Ezra Brown, Harvard; 1887, R. G. Brown, Sutton ; 1889, L. G. Hurd, Harvard; and in 1891 again by a Hamilton County man, Valentine Horn of Phillips; 1893 by L. L. Johnson of Clay County; and in 1895 by E. E. Mighell of Hamilton County : in 1897 by Smith T. Caldwell of Edgar: and in 1899 by F. M. Howard of Aurora ; 1901 by Henry Renting of Saronville, when the county moved from its pairing with Hamilton to association with Adams; and in 1903 by JJ. C. Hedge of Hastings; 1905 and 1907 by Charles H. Epperson of Fairfield: 1909 and 1911 by George W. Tibbetts of Hastings, now Supreme Court Commis- sioner; and in 1913 and 1915 by Will Brookley of Edgar; and in 1919 by Walter E. Hager; and 1921 by Fred Johnson of Hastings.
In the lower house of representatives, Clay County has been represented 1812. by L. T. Caldwell, Edgar: 1829, H. A. Draper, Edgar: 1881, J. H. Case. Fairfield; 1883 by Ezra E. Howard of Edgar and D. M. Nettleton of Spring Ranche, and they both served again in 1885; 1887 by W. M. Newton of Harvard, and W. S. Randall of Fairfield; 1889 by C. W. Bortis of Glenville and S. W. Christy of Edgar; 1891 by S. M. Elder of Clay Center, who served as speaker of the House and Logan MeReynolds of Fairfield; 1893 again by S. M. Elder with E. A. MeVey of Sutton; 1895, E. E. Hairgrove of Sutton and Win. AAshby of Fairfield : 1897, by B. W. Campbell of Clay Center and R. W. Hill of Edgar; 1899. by M. Broderiek of Fairfield and F. A. Thompson of Clay Center and in 1901 by Chas. H. Beall of Fairfield and M. Broderick again : 1903, by P. A. Caldwell of Edgar and John R. Musiek, Edgar, and in this and next session George C. Fishback of Harvard also served: 1905, Wm. Ashby again served with P. A. Caldwell of Edgar. In 1907. A. J. Jenison of Harvard and D. M. Nettleton of Spring Ranche, who served as speaker of this, almost the most famons, session of the Nebraska Legislature. In 1909, the last session in which two served from the county, J. E. Broderick of Fairfield and D. M. Nettleton
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of Spring Ranche. Since then, in 1911, John M. Jones of Clay Center; 1913, H. C. Palmer of Clay Center; 1915, Guy H. Matteson of Sutton; 1917, H. A. Swanson of Clay Center and 1919, Dr. A. J. Jenison of Harvard and in 1921, Charles H. Epperson of Fairfield.
CHAPTER III EARLY DAYS IN CLAY COUNTY
FAMILY HISTORY AND REMINISCENCES, BY F. M. BROWN, SUTTON-EARLY DAYS IN CLAY COUNTY, BY DISTRICT JUDGE W. A. DILWORTH.
EARLY CLAY COUNTY
BY F. M. BROWN, SUTTON
During the years 1916 and 1917, F. M. Brown, Editor of the Sutton Register published a series of 40 short artieles, giving a very complete history of his family. Except for the very first, opening statement, the first half of this exceptionally comprehensive discourse does not apply to Nebraska, or to Clay County, but that portion which describes events and people after his arrival in Nebraska, serves to give still another angle to many of the notable events of the early years of the County's existence, so is fortunately appropriate for this narrative.
Everybody is more or less interested in the life and history of their an- cestors however commonplace it may be. As I am the oldest member of the Brown family now living I am probably better able to write the family his- tory than any one else. I believe it is a duty that I owe to my family to do this now as far as I am able, for at my death much of the early family history would be lost unless written and put in shape to be preserved for benefit of future generations, and the best way to do this is to put the history into print. There is nothing tragic in the story and it may not be of general interest; that matters not; our object is to preserve our family record and some of the trials and incidents of pioneer life for the benefit of my family and future genera- tions. The first installment of the story will appear in the next issue of the Register and will be continued in small installments until completed.
F. M. BROWN.
Last week I announced my intention of writing a brief history of the Brown family as far as I am able, for the benefit of the present and future generations because I believe it is a duty I owe to them.
Commencing the story with my grandfather, William Brown. Beyond that I eannot go, except to say that his ancestors came from Scotland and settled in Virginia, where William Brown was born in 1776, and therefore too young to take any interest in the Revolutionary war. Twenty-one years later he married Betsey Robison, a native of Virginia. They settled on a farm in Sandy river valley, where they raised a family of three stalwart sons and three daughters. Robert G. was the first son, Samuel R. the second, William R. the third. The daughters were Elizabeth, Nancy, and Rebeeea; all grew
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up to manhood and womanhood on the farm. In those days the people de- pended very largely upon their own resources for the necessaries and com- forts of life. There were no railroads, no telegraph lines and comparatively few manufactories outside of New England. Most of the people of Virginia produced their own cotton, wool, flax, hemp, and tanned their own leather, raised their own wheat, corn and tobacco and made their own whiskey. The young men learned trades, and the girls were taught to do house work, card, spin, weave, dye, eut and make dresses and men's tailoring.
In addition to farming, Grandfather was a blacksmith. His son Robert was a miller, Samuel a carpenter and William a plasterer and brieklaver. Elizabeth and Naney were experts in weaving eotton, wool, flax and hemp, producing beautiful patterns of table linens and bed spreads, some of which have been preserved and are exhibited as specimens of their handicraft. The eldest daughter, Elizabeth, married a young Virginia cooper named Hugh L. Forbes. Grandfather was opposed to the institution of slavery, and when his family grew up he decided to move to Illinois, which was rapidly filling up with people from the older states east. Ile sold his farm, implements and live stoek, except a big wagon and four-horse team, and a saddle horse for each member of the family, including Elizabeth and her husband, Forbes, pre- paratory for the long journey west.
One afternoon late in August brother Charley and I got permission to go fishing in the creek about a mile from our house. On the way down we passed a corn field on the bottom. We heard a noise in the corn and sent our dog in to find the cause. The dog seared up a bunch of hogs in the eorn. We returned to the house and told father about the hogs in the eorn. Ile said there were some wild hogs in the timber and brush along the creek, that had had come from the west for water, which was scarce in the hills on aeeount of dry weather. Ile took his gun and mounted a horse and told us he was going down to the cornfield to look after the hogs. In a short time we heard shots in the field and knew he had found the game and that every shot meant a dead hog. In about three hours he returned and put the horse in the barn. He told mother that the hogs had done considerable damage in the field, but at least twelve of them would eat no more. The next morning father and we boys went and found the hole under the fence where the hogs got in, and fixed it, and there was no further trouble from the hogs.
When the Mexican war came on and the president called for volunteers we had a young man working on the farm named Alfred Lathrop. He said he would go if father would let him off. After telling Alfred of the hard- ships and dangers he would likely meet in Mexico, father agreed to let him off. Alfred enlisted in a company being organized in Marshall by Colonel Archer, went to Mexico and served through the war and came home all right.
Mother and uncle Joe decided that aunt Martha should have a better edneation than she was able to obtain at home. They sent her to St. Mary's Academy, where she remained two years. After leaving St. Mary she taught school two years in Indiana, where she married Noel B. Devol, and afterwards located in Marshall, Illinois.
In 1849 there was considerable excitement over the discovery of gold in California and many young men were going across the continent to seek their
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fortunes on the Pacific coast. Unele Joe got the gold fever and organized a party of ten young men of that neighborhood to go overland to California. After several months we heard from him at San Francisco. The party located in what is now called Mariposa county and began work in plaeer mining and were very successful. After nine years he returned by water by the way of New York, and located in business in Terre Haute. After father had lived and done well on the Shaw farm about six years, he bought a farm ealled the Rogers place, two miles west, containing 160 acres, from Artemus Lathrop. I do not remember the purchase price, but I do remember that Mr. and Mrs. Lathrop with a Justice of Peace came to our house to execute the deed which had been prepared by an attorney at the county seat. Before Mrs. Lathrop would sign the deed she demanded the price of a new dress to bind the bar- gain. That was the usual custom in the country. Father handed her five new silver dollars to buy the dress. After the deed had been signed and acknowl- edged, father went out and brought in a sack and emptied the contents on the table. every dollar in gold and silver. After Mr. Lathrop had counted the coin he returned it to the sack, put it in his wagon and went home; as there were no banks, people kept their money at home; there was no currency out- side the cities. The Rodgers place was poorly improved, there being only about thirty acres under cultivation, an old double log cabin and an old stable. The rest of the land was heavy timber, and a small bearing orchard. Father decided to move onto the place that fall, made a sale and sold most of his stock, reserving a team of horses, a yoke of big oxen, three cows, about tweny-five sheep and a few hogs. After we got moved, father who was a car- penter, began to get lumber and material on the ground for a new two-story house, and by spring had it ready for the plasterer. Unele William Brown, who was a plasterer and brick layer, came and did the work in good shape. Sister Martha was born in the old log cabin.
The year 1858 was uneventful in our family. We did not have land enough to keep us all employed at home, some of the boys had to go out to work by the month. I worked for a farmer in MeLean county three months at $7 per month and earned it. The contest of Lincoln and Douglas for United States senator ereated great public interest and political excitement all over the state. Political rallies were frequent and largely attended, especially at the places where Lincoln and Douglas met in joint discussion ; people drove 30 and 40 miles to these meetings. 1 was not old enough to vote, but I gave what little support I had to Mr. Lincoln.
Slavery in the territories was the issue in the campaign. Lincoln was defeated, but his defeat for senator gave him the republican nomination for president in 1860. Senator Douglas was the candidate of the northern wing of the democratic party. The campaign that followed was the most exciting I have ever seen; uniformed marching elubs were organized by both parties. I belonged to a republican club called the "Wideawakes." Our uniform con- sisted of a black oil cloth cap and cape, which were pretty warm when march- ing in the sun on hot days; we also carried a torch when marehing at night. Lincoln was elected, and the southern states fearing that the institution of slavery was in danger threatened the dissolution of the Union, and began or- ganizing armed forces-the peace and safety of the nation was in danger. Mr.
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Lincoln did everything in his power to allay the excitement and fears of the south, but with little success. When the time came for Mr. Lincoln to go to Washington and assume the duties of president, grave fears were entertained for his safety and he was conducted secretly through Baltimore at night and reached Washington in safety and on the 4th of March. 1861, took the oath of president of the United States and entered the White House. His address was pacific, assuring the south that he had no intention of interfering with slavery in the states, but it failed to satisfy the south which had decided to dissolve the Union. State after state passed ordinances of secession and finally Fort Sumpter was fired upon. President Lincoln called for volunteers to defend the national capitol and defend the Union. The loyal people of the north were aroused and rallied to the support of the president. I was working for a neighbor at $12 a month. When I saw the president's call for volunteers I made up my mind to go. I said to Mr. Rood, "If you will let me off, I will enlist in the army." He said, "You are right, I will let you off and as soon as I can arrange my affairs I will go too." (Which he did and died in the service.)
I went to town that night and found Captain Wood who was organizing a company for the 14th Indiana at Terre Haute. He said he would be pleased to enroll me in his company, and, I told him I would go home and get some clothes and come back in the morning. When I told mother I was going to the war her eyes filled with tears, but she did not try to prevent me from going, she tied up some clothing and other little things and put them in an old carpetbag. I kissed mother and all the children good-bye and was off for the war.
Uncle Joe left considerable property at his death, but unfortunately his brother John, who should have been administrator to the estate, had no busi- ness ability or energy, and refused to have anything whatever to do with settling the estate except to appear in the probate court in Vigo county, Indi- ana, and sign a petition requesting that John Kester, Uncle Joe's partner in business, be appointed as administrator of the estate. This meant that the heirs would never get a dollar from the estate.
Cheat Mountain pass was a very disagreeable, unhealthy camp; cold rains and snows were frequent and many of the men and horses were sick and dis- abled. In the latter part of August we got orders to move down to the valley twenty miles below, and it was a welcome change for man and beast. The forts we had been working on for weeks to guard the pass were abandoned as worthless, as most works of that kind are now considered. It was while here I received my first information of the enlistment of my brothers Charles and John in Company F., 30th Illinois. Their regiment went to Kentucky and Tennessee, and from there to Atlanta.
Our regiment received its first pay while in the Tygart valley. We were paid in gold certificates at $11.00 per month, the only gold we ever received during the war, but I want to say here now and forever that I have no fault to find with Uncle Sam during my active service or subsequent treatment. From the valley we moved over to Romney, where we were quartered in the county court house. Hundreds of thousands of public documents were de- stroyed and the furniture used for fuel during the winter. Romney was a
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beautiful place, but the people paid a terrible price for their support of the southern confederacy.
In the last chapter of the family history, I was with my regiment in Ron- ney, Va., where we spent the greater portion of the late fall of 1861. About the middle of December we were ordered from Romney into Maryland to guard the B. & O. railroad, one of the main lines of communication between the Ohio river and Washington. Following the road east we reached Harper's Ferry, Va., one of the historic places of the Civil war as well as for its geographical surroundings. It is here that the Potomac and Shenandoah rivers break through the Blue Ridge, and the Potomac rapids are located. The Shenan- doah river following north joins the Potomac west of the Blue Ridge. The mountains on each side rise abruptly about 600 feet and are called heights. That on the south of Virginia side is called Louden heights, and that on the north or Maryland side is called Maryland heights. There is another lower range lying west of the Shenandoah and south of the Potomac rivers called Bolivar heights rising to the sonth and west. It is along the west bank of the Shenandoah and south bank of the Potomac rivers that the village of Har- per's Ferry is located, there being only one street which follows the river fronts and the natural lay of the land. The houses are all located on one side of the street, no attention being paid to grade of regularity of fronts or walks. At that time there were no walks except the ground. It was a hard looking old place, and how the people lived was a mystery, but the soil is productive and all kinds of crops do well, especially wild grapes and paw paws, the finest I ever tasted. It was here that John Brown and his followers began the war to free the slaves. At that time there was a governmental arsonal located there. After helping himself to what arms and ammunition he wanted, Brown destroyed the arsenal by burning it with its contents. When we visited this place we found thousands of muskets stacked up and the wood work burned off. It was here that Brown and his followers were arrested and afterwards convicted of treason and hung at Charlestown. When I passed through the historie old town three years ago I noticed a fine monument arch to John Brown, occupying the ground on which stood the arsenal destroyed over fifty years before. Harper's Ferry changed hands several times during the Civil war. Here General Miles surrendered twelve thousand federal troops to the confederates previous to the battle of Antietam, Maryland, and Miles subse- quently lost his life. After the defeat of Lee at Antietam, and his retreat into Virginia, onr regiment again occupied Bollivar heights for several days and Governor Oliver P. Morton came out from Washington to visit and inspect the regiment and made a speech. There was one of the grandest men the world ever produced. Soon after this MeClellan followed Lee into Virginia. It is not my intention to write a history of the Civil war or record of my connec- tion with it, but now more than half a century later I am proud to say that I was never absent a day from my regiment from the time we were mustered into service at Terre Haute in 1861 until we were mustered out at Indianap- olis in 1864. My military record is identified with that of my regiment, known in history, as one of the fighting regiments of the Union army during the Civil war.
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