USA > Nebraska > Douglas County > Omaha > History of Omaha from the pioneer days to the present time > Part 7
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Officers of the House .- J. W. Paddock. chief clerk, Council Bluffs and Omaha ; G. L. Eayre, assistant clerk, Glenwood, Iowa ; J. L. Gibbs, sergeant-at-arms, Nebraska City ; B. B. Thompson, doorkeeper, Omaha.
Excitement ran at fever heat all the time that the capi- tal contest was being fought. The contestants for the prize were Omaha, Fontenelle, Florence, Bellevue, Plattsmouth Nebraska City, Brownville, and in fact all the embryo towns south of the Platte. These southern towns, one and all, were opposed to Omaha for the reason that she would be a less formidable rival to Plattsmouth without the capi- tal than with it. The whole South Platte country was bit- terly hostile to Omaha. Thus it will be seen that Omaha had a big fight on hand. It was only the clear foresighted- ness of the founders of the town, and their precautionary measures, which they had taken to meet the anticipated struggle, that enabled Omaha to come out victorious in the fierce contest for supremacy. The joint resolution locating the capitol building at Omaha was passed February 22d, 1855.
Some of the incidents of the fight are worth repeating. " Scrip Town " had been laid out by the owners of the orig- inal town site of Omaha, as one of the "precautionary measures," alluded to above. It was about a half-mile wide, and adjoined the north and west sides of Omaha. The stock was used to "induce" members of the legislature. General Estabrook, then territorial attorney, who arrived in the territory January 21st, 1855, is authority for the word
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" induce," which in this connection had a peculiar significa- tion. The " scrip" was the salt that was sprinkled on the bird's tail, figuratively speaking, but the term "sugar " would be more appropriate, as it certainly " sweetened " some of Omaha's bitterest enemies. However, whether "sugar " or "salt," it was generally put where it would do the most good. But in one case it was not so applied. One very " sharp " man, a leading member of the council, had been given a number of shares, amounting to about one- twelfth of the " scrip-town " site, to " induce " him to vote for Omaha, such being the understanding. He, however, indiscreetly revealed the fact that he was going to vote against Omaha, and, as is usually the case, it soon leaked out. Now, Omaha wanted just another vote to make up for this one, which she was going to lose. A certain gen- tleman of Omaha, who was the leading champion of the city, said he could obtain the necessary vote, if they could regain possession of this stock, which was to be used for that purpose. A plan was accordingly laid and carried out. A shrewd and cool man, afterwards a prominent St. Louis merchant, proved himself equal to the emergency. and res- cued the "scrip " from the treacherous hands into which it had fallen. He met the " sharp " individual, as if by chance, and said to him, " I forgot to number those papers on the books. Let me have them and I'll attend to it at once." The papers were accordingly handed over, and that was the last ever seen of them by the "sharp," as the person to whom he had given them put them in his pocket and walked off, remarking to him that he might help himself if he could. Of course he immediately comprehended the mean- ing of the transaction, and it is pretty certain that he did not vote for Omaha.
The "scrip" was put into the hands of the gentlemen who had agreed to secure the vote to make up for this de- sertion, and we have it on good authority that that much- wanted vote was obtained inside of twenty-four hours.
Towards the close of the capital fight James C. Mitchell, of Florence, who had been an exceedingly bitter enemy of Omaha, was "induced" to abate his hostility by the usual means, which were not then thoroughly known or appreciated by the general public.
Mitchell's influence, be it remembered, was sufficient to
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fix the capital at Omaha, or take it away, and as he had been pursuaded to favor Omaha, he was appointed as a re- ward and by agreement, the sole commissioner to locate the capitol building within some portion of the city, and the northern boundary of Douglas county-the county then embracing an extent of territory reaching from a ravine on the north side of the city south to the Platte river, and west to the Elkhorn-was extended. by proclamation of the gov- ernor, so as to take in the whole of "scrip-town," in order to give Mitchell plenty of room. When the vote was about to be put in the council, he explained that, as others, with the same interest as himself, had broken their promises to him. it would now be every man for himself, and that he would therefore locate the capitol within the city limits of Omaha, somewhere on the line between the Clancy claim and the Jeffery claim. The line between these two claims ran from the Sulphur Springs back to the high ground. He was favorably impressed, he said, with the location near the Sulphur Springs, and also with that of the high ground further back. But he would not determine until further examination.
A short time thereafter Mr. Mitchell stuck his stake for the capitol building on Capitol hill, where it was after- wards built. In the summer following Mr. Mitchell ad- vertised about sixty lots in the city of Omaha for sale at auction, and the lots sold for about $60 each. Whether there was any connection between Mitchell's location of the capitol and those lots, we leave the reader to draw his own inference.
A member from a certain county, in which he had never lived, was given some shares in order to "induce" another member from the South Platte country to go for Omaha. This man, whom we shall call P., for convenience sake, wanted the shares himself, and he accordingly ad- vised the South Platte gentleman, Mr. T., to take nothing but money. T., acting on this advice, demanded $1,000 for his vote. One of the ferry company's chief manipulators, Mr. J., told T. to go in and vote and it would be all right, as he would get the money. Next day J. went over the river, and T. never got any money or shares either. Mr. P., who had retained the shares, said they had been given to him to use to the best advantage, and as he himself was
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the most doubtful man he knew of, he had concluded to purchase himself.
Several of the members of the legislature were residents of Glenwood, Iowa, where a very deep interest was felt in having the capital located at Plattsmouth. Some of the members who came from Glenwood failed to vote for Platts- mouth, and at the close of the session an indignation meet- ing was actually held at Glenwood to call to account "their representatives for misrepresenting them in the Nebraska legislature."
Colonel J. L. Sharpe. president of the council, resided at Glenwood, and represented Richardson county. He had promised, owing to the usual inducements, to vote for Omaha, but he voted for Plattsmouth after all, having in- tended to do so from the first.
Luke Nuckolls, representing Cass county, and Bennett and Bradford, representing Pierce, now Otoe county, all lived at Glenwood.
In the house, Glenwood sent Kempton and Latham to represent Cass county and Thompson to represent Nemaha county. Latham, originally a lawyer from Virginia, hav- ing gone back on Plattsmouth, never dared to return to Glenwood, for they would have lynched him. He died the following summer at Council Bluffs. Thompson, on his re- turn to Glenwood, narrowly escaped a flagellation from his outraged constituency, whom he had misrepresented.
Omaha's cause was ably and shrewdly championed in the council by O. D. Richardson and T. G. Goodwill, and by A. J. Poppleton and A. J. Hanscom in the house. Hans- com, who would as soon fight as eat in those days, was always called on when there was likely to be any trouble, and either in fisticuffs, debate, or "tactics," he generally succeeded in coming out of the affair on the top of the heap. It was he who had been selected to undertake the job of getting tne control of the house of representatives, and he did it. He was elected speaker, and thus secured the ap- pointment of committees, which gave Omaha considerable advantage. The following paragraph from the pen of Dr. Miller, the former editor of the Omaha Herald, illustrates to perfection the early legislative days of Nebraska :
"Hanscom and Poppleton carried the art of winking to its highest perfection in those days. The latter was always
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first recognized by Speaker Hanscom when he wanted the floor. The speaker was particular about keeping order. Any refractory member, opposed to Omaha, who refused to take his seat when ordered to, was emphatically notified that if he didn't sit down he would get knocked down. The result was usually satisfactory to the speaker. The excite- ment over the capital question was, at times, very great. The lobbies, we remember, were once crowded with the respective parties to the contest, armed with bludgeons, brickbats, and pistols. A fight was thought to be immi- nent, but it did not occur."
Among the members of the first legislature were two Missourians who claimed to represent some county in Ne- braska, both claiming the same seat. One of them was a preacher named Wood, who, as chaplain, did the praying for the house of representatives. When the contest for his seat came up, he promised Mr. Hanscom that he would vote for Omaha on the capital question, if they would give him his seat. He got his seat in that way. A day or two after- wards he met the Omaha man to whom he had made the promise, and putting on a very long face he said, "Mr. Hanscom, I am very sorry, indeed, to be obliged to inform you that I shall, owing to the force of circumstances, be compelled to vote against Omaha!"
"The devil you say !" exclaimed Mr. Hanscom. "You're a infernal lying old hypocrite!"
"Those are hard words, my dear Mr. Hanscom, but-" "I reiterate it, that you are an infernal lying old hypo- crite. You're a wolf in sheep's clothing. And, by gracious! you've said your last prayer before this legislature. If there is any more praying to be done I will do it myself. That's the kind of a man I am."
Mr. Hanscom kept his word, and fixed it so that Mr. Wood's services as chaplain were dispensed with from that day forward, but Wood went on and served out his term as a member of the house in the seat that he obtained by his promise. The Omaha men, however, made it so warm for him during the remainder of the session that he passed anything but a pleasant term in office.
After the settlement of the capital fight, the legislature transacted its other business in a comparatively quiet way.
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Among the numerous bills passed was one making William P. Snowden auctioneer for Douglas county.
Omaha secured the capital. She fought hard to get it, and she had to contend for its retention at every session of the legislature, until the year 1858, from which time she held the capital until she became a state in 1867.
Mark W. Izard having been promoted from the office of marshal to that of governor, entered upon the duties of chief territorial executive February 20th, 1855, while this session of the legislature was in progress, filling the va- cancy caused by the death of Governor Burt. Mr. E. R. Doyle, who had accompanied Governor Burt hither from South Carolina, and had become a member of the legisla- ture, succeeded Izard as marshal.
The first and only executive ball ever given in Omaha came off in January, 1855. It was in honor of Governor Izard, who had just been appointed to fill the vacancy caused by the death of Governor Burt, and who soon after- wards entered upon the discharge of the duties of his office. The affair took place at the City hotel, a small one-story frame structure, at the southwest corner of Harney and Eleventh streets. This building, after it ceased to be a hotel, was for a time occupied as a residence by the late Hon. Ezra Millard. After he vacated it, he rented it to other parties as a dwelling. A few years ago he erected upon the lot a large four-story brick business building, now occupied by wholesale firms.
The description of the executive ball was graphically given by Dr. Miller, in the Herald, in January, 1867, as follows :
"Izard was a stately character physically, mentally rather weak, and accordingly felt a lively sense of the dig- nity with which the appointment clothed him. He had never known such an honor before, and it bore upon him heavily. To the few persons who then constituted the principal population of the city, the governor was careful to intimate a desire to have his gubernatorial advent suit- ably celebrated. The facetious and wary Cuming suggested the idea of giving Izard an executive ball. The larger of the two rooms which then constituted the building was the theatre of a scene perhaps the most ludicrous that was ever witnessed in the history of public receptions. The
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rooms had a single coat of what was then called plastering, composed of a frozen mixture of mud and ice, a very thin coating at that. The floor was rough and unplaned, very trying to dancers, and not altogether safe for those who preferred the upright position. It had been energetically scrubbed for the occasion. The night being dreadfully cold and the heating apparatus failing to warm the room, the water froze upon the floor and could not be melted by any then known process, Rough cotton-wood boards on either side of the room were substituted for chairs.
"The hour of seven having arrived, the grand company began to assemble. Long before the appointed hour his Arkansas excellency appeared, in the dancing hall. He and Jim Orton, 'the band,' of Council Bluffs, reached the scene at about the same moment. The governor was very polite to Jim, who was just tight enough to be correspond- ingly polite to the governor. Governor Izard was the guest of nine ladies who were all that could be mustered even for a state occasion in Omaha. They were Mrs. T. B. Cuming, Mrs. Fenner Ferguson, Mrs. J. Sterling Morton, Mrs. C. B. Smith, Mrs. Fleming Davidson, Mrs. A. J. Hanscom, Mrs. A. D. Jones, Mrs S. E. Rogers and Mrs. G. L. Miller. Two of the ladies could not dance, and accordingly their places were supplied by the same number of gentlemen. The governor had a son by the name of James. He was his excellency's private secretary, and wishing to present a high example of style, he came in at a late hour escorting Mrs. Davidson. His bearing was fearfully stately and dig- nified. He wore a white vest and white kids, as any gentleman would do, but these were put in rather discord- ant contrast with the surroundings. Paddock, Poppleton, Cuming, Smith, Morton, Ferguson, Goodwill, Clancy, Fol- som, besides a large assemblage of the legislators, attended. The latter crowded around gazing with astonishment upon the large number of ladies in attendance.
"Jim Orton was the solitary fiddler, occupying one corner of the room. The dance opened. It was a gay and festive occasion. Notwithstanding the energetic use of green cotton-wood, the floor continued icy. During the dance several accidents happened. One lady, now well known in Nebraska, fell flat. Others did likewise. The supper came off about midnight and consisted of coffee
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with brown sugar and no milk; sandwiches of peculiar size; dried apple pie; the sandwiches, we may observe, were very thick, and were made of a singular mixture of bread of radical complexion and bacon.
"The governor, having long lived in a hot climate, stood around shivering in the cold, but buoyed up by the honors thus showered upon him, bore himself with the most amiable fortitude.
"There being no tables in those days, the supper was passed 'round. At the proper time, the governor, under a deep sense of his own consequence, made a speech, return- ing his thanks for the high honors done him."
CHAPTER XII.
THE FIRST MURDER CASE.
DR. C. A. HENRY SHOOTS HOLLISTER AT BELLEVUE-HIS CASE AT OMAHA BEFORE JUSTICE FERGUSON-AN ACCOMMODAT- ING SHERIFF-HENRY IS FINALLY DISCHARGED-SOME INCI- DENTS IN HIS SUBSEQUENT CAREER.
On the afternoon of the 20th of April, 1855, a messenger came up to Omaha from Bellevue with a message from Judge Ferguson to Governor Izard, requesting him to send down General Estabrook, the territorial attorney, and Sheriff P. G. Peterson, to investigate a murder.
General Estabrook, Sheriff Peterson, B. P. Rankin, and Joe Strickland, one of the printers of the Nebraskian, ar- rived at Bellevue on horseback, at midnight, and there learned that Dr. Charles A. Henry had shot and killed a young man named George Hollister, who was in the em- ploy of Colonel Sarpy. Henry was imprisoned in the Indian blacksmith shop, where he was safely guarded from the men who had threatened to lynch him.
Henry was a cool, shrewd fellow, and a town lot specu- lator. The fatal affray had arisen out of a dfficulty about a boundary line. Next morning Rankin called, by request, on Henry, and in three-quarters of an hour came out laugh- ing. In reply to an inquiry, Rankin said he was laughing at the force of habit as displayed in Henry's case. Rankin
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had found him studying a map of Iowa, and he had asked Rankin if he didn't think that such and such a spot was a good place to lay out a town.
The coroner's jury acted under the laws of Iowa, as no laws covering the case had yet been passed by Nebraska. Henry was held for examination, which took place before Judge Ferguson, who committed him to imprisonment, with shackles and handcuffs, and also ordering that he should be chained to the floor. Sheriff Peterson took charge of the prisoner, and carried out the order of the court. Henry was confined in Peterson's own house, a small one-story frame structure, which then stood at the southwest c rner of Farnam and Tenth streets. Peterson lived in the rear part and rented the front portion of it for a saloon and gambling hell, which was well patronized.
At the first term of the United States district court held in the territory a grand jury was specially called for Henry's case. Meantime a local United States attorney had been appointed, and thereupon General Estabrook aban- doned the suit. The grand jury failed to indict Henry. Judge Ferguson. instead of discharging him, said as he had ex- amined the case himself, he was satisfied that the murder had been committed and he should recommit the prisoner with the same order-shackles and handcuffs; and at the same time order a new jury to be called.
A. J. Poppleton and O. P. Mason were the attorneys for Henry. This was the first public appearance of O. P. Mason in Nebraska. He had known Henry in Ohio, and he felt that the treatment that Henry was receiving at the hands of the court was unwarranted. Mason was then a seedy-looking individual, weighing about 130 pounds; but his appearance was no criterion of his ability. He addressed the court on the subject of the order as to the shackles and handcuffs, and the chaining of the prisoner to the floor, in terms of the most terrible and withering invective that ever proceeded from the mouth of a lawyer. Instead of committing him for contempt, the judge yielded to him and modified the order.
About that time a flotilla of steamboats, one of which was commanded by Captain W. P. Wilcox-who afterwards engaged in the dry goods business in Omaha under the firm name of Stephens & Wilcox-came up the river with
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a lot of government troops on board for Ft. Pierre. The cholera, which was then raging throughout the country, had broken out among the soldiers, one of whom had already died. The surgeon was on a boat below, and every- body asked for a doctor. Dr. Miller was selected to at- tend the cases, and taking his wife along with him, he proceeded up the river with the troops, and was absent all summer. The house then occupied by him, which yet stands on Dodge street, just back of the building formerly known as the Jones house, and now occupied as a drug store, was turned over, all furnished, until he should return, to General Estabrook's family, who had just arrived.
The departure of Dr. Miller proved a fortunate cir- cumstance for Henry, who was himself a physician, and during the absence of Miller he was the only doctor in Omaha. The accommodating sheriff, Mr. Peterson, accom- panied him in his professional visits. Dr Henry, with his shackles on, thus made many warm friends, and the conse- quence was that the next grand jury did not indict him. This ended the affair which was the first regular murder case in Nebraska. It was always claimed by Dr. Henry that he acted in self-defense.
Dr. Henry afterwards became a very active and enter- prising citizen of Omaha. In the summer of 1856 he built the first portion of Pioneer block, which was then called Henry's block. This block was burned down a few years ago, but was rebuilt. It has been occupied for some time by C. F. Goodman and P. H. Sharpe. Dr. Henry also built in company with another man the building in which the first drug store was located and run by himself.
In the war of the rebellion Dr. Henry, who was an ex- treme democrat, rendered valuable service to the cause of the union. Shortly after the battle of Bull Run, he was in Washington, and he took occasion to call at the state de- partment and visit Colonel E. D. Webster, who was Mr. Seward's private secretary. Mr. Webster, who was a New Yorker, had edited the Nebraska Republican at Omaha during the years 1858-59, and had taken a prominent part in the organization of the republican party in the territory. During his residence in Omaha he had become the warm friend of Dr. Henry. although radically differing with him in politics. During the conversation in Secretary Seward's office, Dr. Henry expressed a wish to serve the government
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in any way in his power. "I have been a democrat and pro-slavery man all my life," said he, "but when it comes to a question of country or no country, I am for my coun- try first, last and all the time. How can I serve it?"
"I know of no man who can render so great service as you can at the present time," replied Colonel Webster.
" What is it?" he asked.
"You are the man we want to go south for us," replied Colonel Webster.
At first Dr. Henry revolted at the idea, but when told that he possessed peculiar qualifications for the perilous service by reason of his having been such an outspoken democrat in Nebraska, well-known to all the pro-slavery officials of the territory, like De Londe, of Louisiana, who had been register at the land office at Brownville: John A. Parker. of Virginia, who had been register of the Omaha land office: W. E. Moore, of Arkansas, who had been United States marshal, and others, all of whom had re- cently resigned their positions to join the rebellion, and who had always been familiar with him as a bitter hater and denouncer of abolitionism and republicanism. which they considered synonymous, he said, "I'll think of it."
The next day Dr. Henry returned to the department and announced his willingness to go.
He was accordingly outfitted with a full set of surgi- cal instruments, such as any army surgeon would require, and with such rare medicines as quinine and the like, which were valuable and necessary in that climate, and given a pass through the union lines. His instructions were to visit, if possible, the fortifications about Washing- ton and ascertain their strength, and also to secure the much- desired information about the Merrimac. At the end of a month Dr. Henry returned and made an extensive report which in every way proved satisfactory, He had easily deceived his southern acquaintances, and had no difficulty in procuring passes to go where he wished. For his valua- ble and perilous services he was rewarded with a cap- taincy and assigned to duty as assistant quartermaster with General Steele, in Arkansas. He made an exceedingly good officer, and when the war closed he was chief quar- termaster. Dr. Henry returned to Omaha a few years ago from the Pacific coast in feeble health, and soon afterwards died here.
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CHAPTER XIII.
CAPITAL REMOVAL SCHEMES.
BELLEVUE WANTS THE CAPITAL-SARPY, MORTON, CUMING, AND OTHERS AT THE HEAD OF THE FIRST CAPITAL REMOVAL SCHEME -- A PLOT TO SEND GOVERNOR IZARD TO WASHINGTON SO THAT HE WOULD NOT INTERFERE-A SUCCESSFUL COUNTER- PLOT-DEATH OF DOYLE-RANKIN SUCCEEDS HIM-ANOTHER ATTEMPT TO REMOVE THE CAPITAL-THE MYTHICAL DOUG- LAS CITY -- THE MEMBERS OF THE LEGISLATURE BOUGHT UP WITH ITS STOCK-AN EXPOSE-OMAHA'S TACTICS TO GAIN TIME -THE ATTEMPTED ARREST OF HANSCOM-" GRANNY" IZARD GIVES THE LEGISLATURE SOME ADVICE-THE PASSAGE OF THE BILL OVER THE GOVERNOR'S VETO PREVENTED.
At the second session of the legislature during the win- ter of 1855-56, a scheme was started to remove the capital to Douglas City. as it was called on paper, the objective point being in reality Bellevue. Colonel Sarpy, J. Sterling Morton. Secretary Cuming, and a host of South Platte men, all of whom were hostile to Omaha, were interested in the project. to which they had committed nearly every man in the territory outside of Omaha, and they were accordingly sanguine of success. However, to make it more sure, they thought it necessary to get Governor Izard out of the way, so that Secretary Cuming, as acting governor in his ab- sence. could sign the bill. To accomplish their design on Izard they resorted to a little strategy. The capital re- movers had up to this time greatly abused the governor, and had frequently called him "granny " or "grandmother Izard." They changed their tactics now, and J. Sterling Morton and other members of the legislature introduced some very complimentary resolutions concerning him with the view of thus inducing him to go on a mission to Wash- ington to procure some appropriation or attend to some other kind of business. These resolutions greatly pleased his excellency. and he promised to visit Washington if they were passed. he being entirely ignorant of the plot at the time.
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