History of Richardson County, Nebraska : its people, industries and institutions, Part 44

Author: Edwards, Lewis C
Publication date: 1917
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1742

USA > Nebraska > Richardson County > History of Richardson County, Nebraska : its people, industries and institutions > Part 44

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Judge Davidson arrived in Tecumseh, Nebraska, then a village of three hundred inhabitants, on December 7, 1872, and immediately began the prac- tice of his profession. For the past forty-five years he has practiced law successfully and is recognized as one of the leading members of the bar in the state of Nebraska and the Middle West. He has practiced extensively in all the district courts of Nebraska, the United States courts, the court

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RICHARDSON COUNTY, NEBRASKA.

of appeals and the United States supreme court, to which latter tribunal he was admitted to practice on May 14, 1888. He served as judge of the district court from October, 1882, until his successor was duly elected and qualified. Judge Davidson is one of the honored and highly respected resi- dents of the adjoining county of Johnson and holds a high place in the esteem and confidence of the people.

JUDGE JEFFERSON H. BROADY.

In 1883 the first district comprised the counties of Gage, Johnson, Nemaha, Richardson and Pawnee and during the election of that year Judge Jefferson H. Broady, of Brownville, was elected to preside over the first district.

Jefferson H. Broady was born on a farm near Liberty, Adams county, Illinois, April 14, 1844, of Scottish descent. When sixteen years old he entered high school at Payson, Illinois, and was graduated therefrom with honors. He became interested in politics and'took a position as writer and reporter on the staff of the Springfield (Illinois) Register. He decided to become a lawyer and with that end in view entered the University Law School at Ann Arbor, Michigan, and was graduated from that institu- tion on March 27, 1867. In August of 1867, he came to Nebraska and located in Brownville, where he became a successful law practitioner, prac- ticing in all the state courts and in the circuit and supreme court of the United States. Judge Broady's unswerving integrity and the democratic simplicity of his manner made him very popular. He represented Nemaha and Richardson counties in the constitutional convention of 1875. In 1883 he was elected district judge on the Democratic ticket and was re-elected in 1887. In 1891 he declined the nomination by his party for the post of justice of the supreme court. preferring to retire from public life and devote his time and energies to the practice of law. He removed to Lincoln and resumed the practice of law in that city in 1891.

JUDICIAL REAPPORTIONMENT OF 1891.

In 1885 the number of judicial districts in the state was increased to ten and in 1887 two more districts were added and a provision made for two judges to preside over the courts in the first district. In 1891 the state was divided into fifteen districts and the following counties were in- cluded in the first district: Gage, Jefferson, Nemaha, Pawnee, Richardson

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RICHARDSON COUNTY, NEBRASKA.

and Johnson. Judge Jefferson H. Broady and Judge Thomas Applegate were elected in 1887 and served for the ensuing term of four years.

James E. Bush and A. H. Babcock, of Beatrice, were elected judges of the first district in 1891 and proved themselves to be able and con- scientious judges. Both men were very popular on the bench and their terms were marked for the able manner in which the court business was disposed of.

John S. Stull, of Auburn, and Charles B. Letton, of Fairbury, were elected judges of the first district in 1895 and were re-elected in 1899, serving two terms with distinction and ability.

Judge C. B. Letton, of Fairbury, was born in Scotland, October 25, 1853, and spent his boyhood in Scotland and England. In 1869 his parents removed to America and coming at once to Nebraska, they settled on a homestead in Jefferson county. The future judge became a school teacher and in 1876 attended the State Normal School, after graduating from which he took up his residence in Fairbury. He took up the study of law and after being admitted to practice was elected city attorney. When the county- attorney law was passed he became the first county attorney of Jefferson' county, holding that office for two terms. In 1889 he formed a partner- ship with E. H. Hinshaw, which continued until 1895, when Mr. Letton was elected to the district bench. He was re-elected in 1899.

W. H. Kelligar, of Auburn, and A. H. Babcock, of Beatrice, were elected in 1903 and served as judges of the district for one term of four years.

Judge W. H. Kelligar is one of the best-known attorneys of the first district. He was born at Summerville, New Jersey, March 2, 1854, and removed with his parents to Illinois in boyhood. He took up the study of law after receiving a good common-school education and opened an office at Pana, Illinois, where he remained for five years after beginning practice, shortly after his admission to the practice of his profession on June 18, 1878. In 1883 he came to Nebraska and located at Auburn, where he soon built up an excellent law practice. Following his service as district judge. Judge Kelligar resumed his law practice as a member of a well-known firni of lawyers located at Auburn.

HON. JOHN BUTLER RAPER.

Judge A. H. Babcock died November, 1905, and Hon. John B. Raper. of Pawnee, was appointed to fill out the unexpired term.

Judge John Butler Raper, of Pawnee City, judge of the first judicial

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RICHARDSON COUNTY, NEBRASKA.

district for the past twelve years, is a native-born citizen of Nebraska and is a son of Nebraska pioneers. His father and grandparents were among the very earliest of the pioneer settlers of his native county and figured prominently in the civic and political life of their county and state for a number of years.

Judge Raper was born on a farm in Pawnee county, Nebraska, October 5. 1861, and was a son of William B. and Mary Jane (Butler) Raper, natives of Greene county, Indiana. William B. Raper was born in that county on October 29, 1832, and died in Pawnee county, Nebraska, December 30. 1914. He was a son of Andrew and Eliza (Christy) Raper, natives of Kentucky and of North Carolina, respectively. Mary Jane Butler, mother of John B. Raper, was a daughter of John R. Butler, a native of Ohio. and Sarah Ann ( Mahan) Butler, born in Kentucky. It will thus be seen that Judge Raper is a descendant of the best old American pioneer stock. Judge Raper's mother was born in Greene county, Indiana, October 13. 1838, and died on February 10, 1864. To William B. and Mary Jane Raper were born two children, Mrs. Frances I. Davis, of Lincoln, Nebraska. and John B., the subject of this review. William B. Raper later married Elizabeth Jane Coffey, born on January 17. 1867, who died in 1890. The children of this second marriage are Mrs. Grace Moore, of Sheridan, Wyo- ming, and Mrs. Lillian Easterday, of Portland, Oregon.

Both Andrew Raper and his son, William B. Raper, served in the War of the Rebellion as members of an Indiana regiment. William B. Raper and wife, and John R. Butler and family came to Nebraska from Indiana in 1858 and settled in Pawnee county, where the family has ever since been prominently identified with the upbuilding of the county. Mr. Butler served as a member of the House of Representatives in 1863 and William B. Raper served for three terms in the state Legislature as a member of the House of Representatives.

John B. Raper received his education in the common schools of Pawnee City and studied for one year in the Ft. Scott ( Kansas) Normal School. He was elected county clerk of Pawnee county in 1885 and served for four years. In the meantime he studied law and was admitted to the bar in 1889, after a rigid and thorough course of study in the law office of G. M. Humphrey. He was elected county attorney in 1893 and served for two terms. After his admission to the bar Judge Raper became associated with Capt. G. M. Humphrey, under the firm name of Humphrey & Raper. After Captain Humphrey's death he then formed a partnership with H. C. Lindsay, now clerk of the supreme court of Nebraska, under the firm name of Lindsay & Raper. Judge Raper has also served as a member of the

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RICHARDSON COUNTY, NEBRASKA.

school board of Pawnee City and as city clerk. He was elected county at- torney in 1904 and in November, 1905, he was appointed to succeed Judge Babcock, deceased, as judge of the first judicial district. He has served continuously since then as district judge and is a popular, efficient, learned and painstaking jurist, who has the confidence and esteem of the members of the bar and the people of his district.

Judge Raper is a Republican in politics and is affiliated religiously with the Christian church. He was married at Pawnee City, Nebraska. on September 17, 1885, to Jennie Albright, a native of Tazewell county. Illinois, and a daughter of Daniel Albright, who was born in Tennessee, in 1822, and who died on March 11, 1903. The mother of Mrs. Raper was Lavinia (Atterberry) Albright, who was born in 1827 and who died in 1867. To Mr. and Mrs. Albright were born the following children : William F., Austin. David A., Irvin, John D., Josephine, Ada, Jennie and Jacob L. Judge and Mrs. Raper have one child, a daughter, Pauline, born on August 23, '1886, who married N. Van Horn, of St. Joseph, Missouri, June 14, 1911, and has two children, Leonard Hugh, born on May 20, 1914. and Elizabeth, March 4, 1917.

Judge John B. Rayer was re-elected and Leander M. Pemberton, of Beatrice, was elected to preside over the western part of the district in November, 1907. In 1909 another and final change was made in the ar- rangement of the judicial districts of the state and the following counties were assigned as composing the first district : Richardson, Johnson, Pawnee and Nemaha counties. Judge Raper was re-elected in 1911 and again elected in 1915.

In conclusion, it can well he said that Richardson county has been very fortunate in the personnel and ability of the judges who have presided over the court. They have all been men of unimpeachable integrity and possessed of the highest sense of honor, in addition to being jurists with a profound knowledge of the law and able to discern between right and wrong, render- ing their decisions accordingly, without fear or favor.

FIRST CASE TRIED IN THE DISTRICT COURT OF RICHARDSON COUNTY.

As shown by the Records in the office of the clerk of the district court. in Journal O, at page 7.

WHITEMORE & SNOW

r8. N. J. SHARP

Civil Case No. 1. Nov. 5. 1857. Trial and Verdict.

Now comes the plaintiffs by l'. C. Johnson, their Attorney and the Defendant by D. L. MeGary and E. S. Dundy, his attorneys, and say that they are ready for trial :

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and by consent of the parties and by order of the Court the Sheriff is ordered to sunnnon six good and lawful men as a jury; whereupon the sheriff summoned the following named persons, viz: 1. Oliver W. Dunning. 2. Daniel Head. 3. Win. Colerick, 4. Wm. W. Buchanan. 5. Isaac Crook. 6. James Buchanan.

Whereupon William Colerick, one of the Jury, was excused by the court, the parties agreeing thereto, the jury consisted of the following named persons:

1. Oliver W. Dunning. 2. Daniel Head. 3. William W. Buchanan. 4. Isaac Crook. 5. James Buchanan, who being duly empaneled and sworn. after hearing the evidence upon their oaths say :

"We, the Jury, in the above named case, find for Plaintiff, verdict for the amount of Twenty-One Dollars and Fifty cents together with costs of case.

(Signed ) OLIVER W. DUNNING, Foreman.

It is therefore considered and adjudged that the said Plaintiffs, Whitemore & Snow recover of said Defendant, N. J. Sharp, the said sum of Twenty-One Dollars and Fifty Cents, and their costs in this snit. as well in the court below as in this court, expended and that he have therefor execution.

ISHAM REAVIS AND CHARLES H. SWEENEY ADMITTED TO PRACTICE.

On motion of E. S. Dundy. Isham Reavis and Charles H. Sweeney were duly admitted to practice law in the several courts of this Territory and having produced satisfactory evidence to the court of their qualifications and taken the oath prescribed by law it was ordered that licenses issue to them accordingly.

The following entry was made on the appearance docket and shows that the above case was brought up on appeal from the lower court (page 8 of court docket-civil causes. ) :

Whitemore & Snow

08.

N. J. Sharp

Civ. No. 6, Nov. Term, 1857. Appeal by Plaintiff from a Judgment by John C. Miller, Probate Judge, and Ex-Officio Justice of the Peace.

The above shows that the case was first tried before Judge John C. Miller at the then county seat of Archer.

FIRST CRIMINAL CAUSE.

Territory of Nebraska 08. David A. Williams

No. 1, Nov. Term, 1857. Indictment, "Larceny"

Nov. 4th, 1857, Defendant arraigned and plead "not guilty." Same day continned to next term of court.

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SECOND CRIMINAL CAUSE.

Territory of Nebraska v8. William Buchanan

Crin. No. 2, Nov. Term, 1857. Indictment. Selling intoxicating liquor to an Indian.

April 13th, 1859. Capias issued for Deft.

FIRST GRAND JURY.

John Hosmer, Elijah Spenser, John Harkendorf, Israel May, John Cornell, O. F. Roberts, M. N. Van Deventer, Thomas Harpster, James N. Jones, William Henning, John Iliff, C. W. Troy, Wells, Solomon Dewes- sen, Joseph C. Boyd, O. C. Jones, David Dorrington, Wesley Ogden (from book O).

NOVEMBER TERM OF DISTRICT COURT, 1857. Being a story of the first day's session as told by the official records.

Be it remembered that at a regular term of the District Court in and for said county, begun and held at the town of Salem, on the 3rd day of November, A. D. 1857.

Present.

Hon. Samuel W. Black, Judge.

Mastin W. Riden, Clerk.

Samuel Keifer, Sheriff.

William McLennan, District Attorney.

When the following proceedings were had and doue, to-wit:

Ordered that J. W. Roberts be appointed as Tipstave (for this said term of court.)

Ordered that venires for Grand and Petit juries to attend during this session of the court be summoned by the Sheriff of said county to be and appear before said court on the 4th inst. at 10 o'clock a. m.

The first matter to come up was the following:

Jas. F. Catron

v8.

Benj. F. Leachman

Injunction.

Now comes D. L. McGary, attorney for Plaintiff, and moved the court to dismiss the bill herein; and the Court being advised in the premises it is considered and adjudged that the sald bill be dismissed and that the said parties litigant do pay the costs levied by each of them respectively, and that executions be issued therefor. $4.50 against Complainant

and .75 cts against

Respondent.

WEDNESDAY, NOVEMBER 4TH. 1857.

Court met pursuant to adjournment.

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NOVEMBER 4TH, 1857.

Now comes Samuel Keifer, Sheriff of said county, and returns into Court the writ of Venire Fracias heretofore issued out of this court, endorsed as follows, to-wit :

1. Jacob Cofman.

2. George Cofman.

3. William Green.

4. Jacob Trammell. 12. John J. Mullins.

5. James M. Hurn.

13. David Boyd.

14. John M. Duuniver.

15. John Ogden.

Manuel Shrite having failed to appear, by order of the court. the Sheriff sununoned Charles McDonald to fill the panel, who was thereupon by the court appointed foreman of said Grand Jury. The Panel being thus filled, was composed of the following named persons :

1. Charles McDonald, Foreman.

2. Jacob Cofman.

3. George Cofman.

4. William Green.

5. Jacob Trammell.

6. James M. Hurn.

7. John Lehman. S. Martin Oliver.

9. Josiah Hoppas.

10. Willis Tyler.

11. Renben Williams.

12. John J. Mullins.

13. David Boyd.

14. John M. Dunniver.

15. John Ogden.

The foreman and his fellows having taken the oath prescribed by law and having received their charge from the Court. retired to consider of their presentments and indictments.

John N. Johnson t8.

J. W. Makinson

Assumpsit.

It is ordered that this cause stand continued till the next regular term of court.

Territory of Nebraska

v8. David A. Williams

Indictment for Larceny.

The Defendant herein having had hearing of said indictment, says he is not guilty in the manner and form therein charged.

Territory of Nebraska 08.

Wm. Boyd and Abner Boyd.

Indictment for selling Intoxicating Liquorn to Indaina.

Now coems Abner Boyd, one of the Defendants (the death of Wmn. Boyd, the other of the Defendants being suggested by U. C. Johnson, his attorney and files his motion

6. John Lehman.

7. Martin Oliver.

S. Manuel Shrite (excused by the court.)

9. Josiah Hoppas.

10. Willis Tyler.

11. Reuben Williams.

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to dismiss the indictment herem and the court being advised in the premises, grauted said motion to this extent, viz .: That the recognizance be discharged and that the principals and sureties of the same be released from all liability thereon.

Territory of Nebraska

ts. David A. Williams

Indictment for Larceny.

On application of the Defendant, this cause is continued, his witnesses being absent and defendant being so ill as not to be able to go to trial, it is ordered that he enter into recognizance in the sum of $800,00 himself and at least one sufficient surety for his appearance at the next term of the court to answer.

The Sheriff of Richardson County will discharge Defendant from custody on his giving bonds as above directed before the Probate Judge of the said County, by whom the bond must be approved, and that the witnesses for the prosecution be held in $100.00 each to appear and testify :

John S. Boyd, Benjamin F. Cummingham, Marcellus Hosner, Marshall Jones, Charles Bessia, Charles Cavarzagie, Joseph Legarde and Hugh Boyd acknowledge themselves to owe and be indebted to the Territory of Nebraska in the sum of One Hundred Dollars each, jointly and severally, to be levied of their respective lands and tenements, goods and chattels, to be void upon the following condition, to-wit :

That they be and appear before the next term of the District Court in and for the County of Richardson and Territory of Nebraska to be begun and held at the town of Salem. in said county, on the first Tuesday of May A. D .. 1858, to tentify on the part of the Territory in the cause wherein the Territory of Nebraska is Plaintiff and David A. Williams is Defendant on the Indictment of Larceny, and that they will not depart from the jurisdiction of said court without leave.

The Defendant herein, having failed to give the bond and security as berein before directed it is ordered that he be committed to the custody of the Sheriff of said Richardson County, until the bond and surety be given and approved as before directed.

Wilson M. Maddox

r's. James F. Miller

Appeal.

Now comes the Plaintiff by MeLennan & MeGary, his attorneys, and the said De- fendant by Loan & Dundy, his attorneys, and put themselves upon the county, and by order of the court, here come a jury to-wit:

Alex S. Russell, Win. C. Fleming. Wm. Collerick. J. T. Whitney. Henry Hoppas. John A. Singleton, Samuel H. Roberts, John C. Lakin, Samuel Lehman, John Thornton, Jas. Makinson, Jacob Whitmer, who being duly empaneled and sworn and after hearing the evidence upon their oath, say :

"That we, the jury. to whom was referred the issue joint, wherein Wilson MI. Maddox is Plaintiff and James F. Miller is Defendant, find for the Plaintiff. Ten Dollars and Seventy cents.

( Signed ) WM. C. FLEMING, Foreman.

It is therefore considered and adjudged that the said Plaintiff recover of the said Defendant the said sum of $10.75 and his costs in this suit, as well as the court below as in this court. expended, and that he have therefore execution.

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RICHARDSON COUNTY, NEBRASKA.

Now comes the Grand Jury iu open Court, under charge of the sworn bailiff and the foreman of the body in the presence of hin fellow jurors make presentment of sundry Bills of Indictment which were thereupon duly filed by the Clerk.

Territory of Nebraska

v8. Wm. McDonald

Indictment for Assault with Intent to Commit great Bodily Injury.

Now comes said Defendant by D. L. MeGary, bis attorney, and files his motion for the court to discharge the recognizance of said Deft. by him entered into for his appear- ance at the Nov. Term A. D. 1856, of said court, and that Deft. bail be released from the obligation of said recognizance and that Defendant be discharged from his further appearance under said recognizance and the court being advised in the premises granted the motion as prayed for.

Court thereupon adjourned till tomorrow 8 o'clock A. M. MASTIN W. RIDEN, Clerk.

The above is a record of the first day's session of the first district court held in Richardson county, according to the records on file in the office of the clerk of the district court of Richardson county, no earlier records now being available.

THE BAR OF RICHARDSON COUNTY.

A history of the legal profession of a county has a special interest as it has a bearing upon the advent and comparative purity of justice. With the coming of the law naturally comes order, something apart and entirely inconsistent with the rulings of vigilant committees. To the industry and intelligence of the legal profession much can be attributed in the upbuilding of a county.

The legal profession is now and has always been the foremost of all professions in practical and political life. While the necessity for the service of lawyers is to be lamented and avoided when possible. as is the doctor, and dentist, and many others; yet in times of trouble and discord, civil and criminal, the lawyer is first sought and his counsel and advice most strictly followed, on account of the importance of the service and the confidence of his client in his knowledge, integrity and ability to protect him in his rights under the law. From this profession there have risen to distinction more eminent and prominent statesmen and leaders of men than from all the other professions and vocations of life combined, notwithstanding the fact that the lawyers number a small per cent. of the aggregate population. Many lawyers of strong, vigorous intellects and natural tact and ability

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have won laurels and met with considerable success at the bar without having had the advantage of other than a moderate school education. These, however, are the exception to the rule, and it is now practically a require- ment that they be fairly equipped with a higher education and be learned in literature as well as in the fundamentals of the law.

Richardson county has long been noted for the exceptionally strong bar which has been maintained in the county since its earliest inception and many lawyers from this county have risen to ,high places in the land and have won their way to places of prominence in the legal fraternity of the state and nation. It will be impossible in this chapter to attempt to deal at length with the accomplishments of the many members of the bar, who have practiced in Richardson county during the past fifty or more years, but the reader will find that several of them have been mentioned at length in the biographical department of this work.

The late Isham Reavis was the first attorney admitted to practice in the district court of Richardson county, his license having been issued by Judge Miller, of the supreme court of the state of Nebraska, as noted on a previous page in a copy of a notation taken from the first court record as found in book O of the official records. Judge Reavis practiced for a longer time in the courts of the state than any other attorney and attained a distinction second to no other attorney of his day. He served a term as federal judge for the territory of Arizona. receiving his appointment from President U. S. Grant, and then resumed his practice at Falls City. When his son, C. Frank Reavis, attained his majority and was admitted to practice he became a member of the firm of Reavis & Reavis. After the death of Judge Isham Reavis, the firm's practice was continued and its prestige maintained by C. Frank Reavis, who continued in practice until his election to a seat in the national house of Representatives in November, 1914. Congressman Reavis was re-elected in 1916.

PRESENT DEAN OF T11E BAR.

Hon. Edwin S. Towle is the present dean of the bar in Richardson county, Mr. Towle having practiced successfully at Falls City for a long period of years. Of late Mr. Towle has devoted his time principally to his business interests in the county, which are considerable.

The late Edwin Falloon was one of the most gifted men of the Richard- son county bar in a decade. Mr. Falloon was an able and learned attorney,

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RICHARDSON COUNTY, NEBRASKA.

whose skill in debate was remarkable and whose knowledge of the law was profound.

Judge James R. Wilhite is one of the older members of the bar in active practice, who served a longer period of time as county judge than any other incumbent of the office.

During the eight years in which A. J. Weaver was engaged in the practice of law he made a record as a practitioner, which is second to none made by the younger members of the bar. Mr. Weaver built up a splendid law practice and a splendid and honorable career was fully opened to him. He chose, however, to engage in farming and kindred pursuits and has in that field made a striking success, which gives him far greater satisfaction and he is one of the most useful and energetic citizens of Falls City as a result of his activities in agriculture, horticulture and business pursuits.

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History of Richardson County, Nebraska : its people, industries and institutions, Part 44

Author: Edwards, Lewis C Publication date: 1917 Publisher: Indianapolis : B.F. Bowen Number of Pages: 1742

Author: Edwards, Lewis C
Publication date: 1917
Publisher: Indianapolis : B.F. Bowen
Number of Pages: 1742