History of Richardson County, Nebraska : its people, industries and institutions, Part 45

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 45


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ROLL OF THE BAR, PAST AND PRESENT.


It is a difficult matter to present a complete list of all the attorneys, who in years past have been engaged in the practice of the legal profession in Richardson county, but we have knowledge of the following: Isham Reavis, G. P. Uhl, S. A. Fulton, A. Schoenheit, L. Van Deusen, T. C. Hoyt, S. S. Price, E. W. Thomas, J. H. Broady, A. J. Weaver, Sr., Edwin S. Towle, J. D. Gilman, .A. R. Scott, Frank Martin, J. J. Marvin, W. W. Wardell, Clarence Gillespie, Edwin Falloon, A. E. Gantt, T. L. Hall, J. E. Leyda, B. D. Poland, C. F. Reavis, J. R. Wilhite, H. T. Hull. R. S. Maloney, I. E. Smith, E. A. Tucker, Charles Loree, Alex Kerr, John L. Cleaver, James B. Wiltse, E. B. Stevens, F. E. Martin, W. A. S. Bird, F. A. Prout, Virgil Falloon, W. S. Stretch, A. E. Evans, Paul Weaver, A. J. Weaver, George W. Holland, F. E. Martin, William Moran, John WViltse, John Muller, R. S. Molony, Jr., Jean B. Cain, R. Anderson, Wil- liam Mast, W. W. Maddox. T. L. Hall, A. R. Keim, Jule Schoenheit, L. Crounse, George VanDeventer, Jacob Bailey, Charles Dort, John Rickards, Fred Hawxby and Henry Sanders.


The prestige and strength of the bar of this county is reflected in the personnel of the members of the legal fraternity, who are practicing or are registered in the courts at the present time ( 1917). They are able men, who are all practically well read in the lore of their profession and are men of honor and integrity.


The members of the Richardson county bar at the present time are : Roscoe Anderson, J. B. Cain, A. E. Evans, Virgil Falloon, John Gagnon,


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H. T. Hull, Frank Hebenstreit, R. C. James, A. R. Keim, Charles Loree. John C. Mullen, F. N. Prout, C. F. Phillips, C. F. Reavis, W. H. Rich- ards, I. E. Smith, A. J. Weaver, Paul B. Weaver. J. R. Wilhite and John Wiltse.


DISTRICT CLERKS.


A very important office in connection with the bench and bar of each county, is clerk of the district court. Not only should this officer be a person of intelligence, methodical and of good clerical ability ; but, as large sums of money are paid in and disbursed through this office, he should be honest and capable, with confidence in himself to discharge the manifold duties required of him by the court and the law, very often crowding upon him in the most bewildering and complex manner, likely to disturb the equi- librium of the ordinary person. Richardson county has been very fortunate in securing capable and efficient and trustworthy district clerks, the present incumbent, Charles Loree, being one of the most efficient and popular, by reason of his wide knowledge of county affairs and extensive acquaintance throughout the county and his obliging disposition. The people of Rich- ardson county look upon Charles Loree as a friend and adviser worth having. and it is probable that no public official is more often consulted by resi- dents of Richardson county and asked for advice upon every-day matters which concern them than Mr. Loree. \ full list of the clerks of the district court, who have held the office is given elsewhere in the chapter on county organization and the official roster of county officials.


SHERIFFS.


What has been said of the clerks of the district court is also true of the sheriff, who under the direction of the presiding judge, has the general supervision of the court room and of the process and orders of the court, and who is specially charged with preserving the order and tranquility of the county, the suppression of crime and the apprehension and safe keeping of those charged and convicted of crime. In this office is required personal and moral courage, practical common sense, and a clear and active execu- tive mind that will insure speedy and intelligent action in pursuing and arresting criminals and securing the rigid enforcement of all laws, without fear or favor, with a due regard to the interests of the state, the people and the rights of the accused. We believe the essential requirements of this office have been exercised by the sheriffs who have served the county


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since the organization of the state, a list of whom is given in the chapter on county organization. The present incumbent of the office, D. B. Ratekin, is one of the most popular and efficient officers who have served in this important position. Mr. Ratekin performs the duties of his office without fear or favor and has a faculty of doing things required by his office in such a manner as to satisfy the most exacting. In fact, Sheriff Ratekin is a born diplomat, who has made good during a most critical time in the history of the county.


COUNTY ATTORNEY.


Early in the history of Nebraska the present duties of county attorneys were incumbent on a prosecuting or district attorney for the entire judicial district, who accompanied the judge on his circuit through the counties and prosecuted all criminal cases. The county attorney's duties consist in ad- vising the county and other officers as to their duties under the law, rep- resenting the county in civil cases and he has charge of all violations of law and the prosecution of offenders in the courts of the county. The faithful and efficient discharge of his duties are of the utmost importance to society, the welfare of the community and the security of the individual in his personal and property rights. Nearly all the older and leading lawyers of this bar have served in times past, as county attorney and their efficient service is largely responsible for the present quiet, orderly, law-abiding and law-loving condition of society in this county at the present time. In the order they have served we name them in the chapter on county organiza- tion. R. C. James, the present efficient county attorney, is an ideal law official and is performing the duties of his office in such a manner that he gives satisfaction to the most zealous advocates of law-abiding and law- enforcement ideas. William McLennen was the first district attorney to serve in the first district when organized. He was followed by .A. J. Weaver, John P. Maule, Isham Reavis, Robert W. Sabin and Dan J. Osgood, who were styled district attorneys and served in the interim prior to the estab- lishment of the office of county attorney.


COUNTY JUDGES.


There is no county office so important and so fraught with responsi- bility as that of county or probate judge. Once in a lifetime all the property in the county comes under his jurisdiction, and the title thereto is likely to be affected by his acts and decisions. He has supervision and control,


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through his appointed administrators, executors and trustees of the estates of all deceased persons and those incompetent to transact their own busi- ness. The unfortunate, imbecile and incorrigible children must be tried and adjudged as such in his court, and he has habeas corpus jurisdiction to deter- mine whether anyone is illegally restrained of his liberty and to determine the custody of children and incorrigibles. It is very essential that his rec- ords and proceedings be accurate, methodical and lawful and that no error, by carelessness, may appear on his records to cast a cloud on the title of the real estate of the county. He should not only be clearheaded, con- scientious and a practical man of good judgment, but should have a legal education and a thorough knowledge of the law to insure the fullest protec- tion to the widows, orphans and unfortunates, as the law contemplates. Richardson county has been most fortunate in the selection of her county judges. We may have had some that were lacking in these requirements, but fortunately no very serious consequences have occurred. Self-interest should demand of every elector that the judiciary be kept out of politics and that they should select and vote for the best and most capable candi- date for this most important office. Space forbids special mention, but we give in the chapter on county organization the list of probate or county judges and the date of the beginning of their respective terms. Quite a few changes have taken place in the incumbency of the office of county judge during the summer of 1917. Judge John Wiltse resigned to resume his law practice and J. B. Cain was appointed to the office as his successor. Only recently Judge Cain resigned to become a member and officer of Company E of the Sixth Nebraska Regiment, organized for service on the battlefields of France in defense of world democracy. Virgil Falloon was appointed as acting judge to succeed Judge Cain and is now capably filling the office and giving evidence that he is a "chip off the old block."


One of the most racy stories of the early bar of southeastern Nebraska is that of the mock duel between U. C. Johnson, district attorney and Judge Mason. Like most affairs of this kind, it grew out of a desire of the legal brethren who practiced upon the circuit to satirize the odd and eccen- tric points of their fellows. The affair came off at the lower Indian town, across the Nemaha, south of Falls City, known in those days as Sauktown. Pistols were carefully prepared by the seconds of the murderous pair, and at the word both discharged their shots. As the smoke cleared away, John- son was seen unharmed, while Mason reeled and fell heavily to the ground. Without waiting for a careful examination of the "dead" body, Johnson was hurried to Falls City and hidden in the house of Wilson M. Maddox.


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Meantime Mason had picked himself up, nearly exhausted with repressed laughter, and more than enough plastered externally, and had returned to the city, where after a time the joke was explained to its victim. John- son never recovered from the effects of this deception, and shortly after- ward removed to Chicago, where some years later he died.


ORGANIZATION OF RICHARDSON COUNTY BAR ASSOCIATION.


A meeting of the bar for the purpose of perfecting an organization of the Richardson county bar met at the court house in Falls City on the evening of January 11, 1876. Business was commenced by the selection of S. A. Fulton, as chairman and A. R. Scott, secretary. A committee com- posed of Messrs. Martin, Price and Reavis reported a constitution, which was adopted. August Schoenheit was elected president; Isham Reavis, vice- president ; S. A. Fulton, secretary, and S. S. Price, treasurer. J. J. Marvin, E. S. Towle and W. S. Stretch were appointed a committee to present by- laws at the next regular meeting of the association to be held at the court house, the first Monday in February.


LYNCHI-LAW-HORSE THIEVES.


The following taken from the A. T. Andreas's "History of Nebraska." published in 1882, harks back to the method employed by citizens of Rich- ardson county in the early days when cattle rustling and horse stealing were enumerated among the other forms of vice with which the pioneer had to contend in Richardson county :


In the spring of 1858 the criminal law of the Territory was repealed. This was followed by an outbreak of lawlessness throughout Richardson and adjoining counties that called for energetic measures on the part of the people. Accordingly a vigilance society of nearly two hundred members was organized, and the work begun of hunting down those who were availing themselves of the lapse of legal punishment to commit depredations. Horse-stealing was the prevailing crime, and to run down horse thieves was really the main object of the society. At this time Wilson M. Maddox was sheriff. and he devoted himself energetically to his task. When caught the thieves were lashed to the trunk of some sturdy tree and flailed by the members of the committee appointed for the purpose. As the whips were hickory withes, about an inch and one-half at the handle, and as each gave a certain number of strokes, the punishment must have been quite severe. Men whose feelings had been more than slightly exercised by the loss of pet animals were not likely to grudge a little muscle in laying on the rod. That they did not is shown by the fact that many of the whips eurling around the tree left a welt half an inch deep in the bark of the blackoak.


When a thorough drubbing had been administered, the subject was generally dis- missed. In aggravated cases, however. an addition of a coat of tar and feathers was


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kindly placed on the victim. After such treatment the horse thiet generally decided that Nebraska soil was not the best for his purpose.


In one instance, matters went further than this. One Leavitt, living southwest of Falls City, could not be daunted from the ficht even by the worst punishment thus far inflicted, and Maddox was set upon his trail. Following him into Missouri, Maddox captured one of his partners at a farm house, and. shortly after. corralled Leavitt in a large cornfield. Stationing his men around the field, with instructions to fire when Leavitt broke cover, Maddox started into the cornfieldl to run Leavitt out. When the chase bad led half way across, a guard in the rear discharged his gun, and thereby called the other guards to him, leaving an escape for Leavitt. After losing his man, Maddox returned to his home, and Leavitt was shortly afterward captured in Iowa hy Missouri parties, but escaped.


When again captured he was brought to St. Stephens, and there tried in the presence of nearly two hundred persons. After hearing all the evidence, a vote of the society was taken, and an almost unanimous verdict rendered that he he hanged.


This verdict Leavitt treated as a joke, not supposing that the vigilants would go to extreme measures. He was soon mideceived. for the committee. pinioning his arms and chaining his legs with harness links, placed him in a wagon and carried him to a hollow about half a mile southwest of the town. Here Leavitt was made to stand upon a large box in the wagon, and the fatal noose placed about his neck. The wagon was then driven away. This occurred about 1 o'clock p. m., and the body was left hanging until the same hour on the following day, and then ent down and buried just west of the tree which had served as a gibbet.


Leavitt's fate had a great influence on other marauders of his class, and, in the language of an old settler, "horse thieving became unpopular."


Wilson Maddox, who tied the fatal knot. in default of anyone who knew how to fasten it, but took no part in the execution, was several years later called to account for his share in the transaction, but was not even arrested. None of the other parties to the deed were ever molested, and it is believed that the principal actor has passed before another Judge, where absolute justice will surely be awarded him.


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CHAPTER XVIII.


BANKS AND BANKING.


During the pioneer era of Richardson county there were no banks and very little banking business done except such as was conducted by the early merchants of those days. The history of banking in Nebraska properly begins with the organization of Nebraska Territory in 1854. The country was then undergoing an era of inflation which reached its flood tide in 1857 and then came to an inglorious finish, for the simple reason that there was practically very little real money in the territory and nothing in the way of genuine assets upon which the banks could rest secure. The new states and territories of the West were a fertile and prolific field for "wild cat" banks and Nebraska had her share of these banks, which were per- mitted to issue their own paper money, with little or no assets behind them. A number of banks were chartered by the state during the second session of the Legislature in December, 1855, and Abel Downing Kirk, a Rich- ardson county pioneer, who erected the first business house in Archer, the first county seat, and a member of this Legislature, was a member of the committee which had the establishment of the first banks of the territory in charge. During the session of the territorial Legislature, held in 1857, a number of other banks were chartered, which lasted no longer than their predecessors. Along came the panic of 1857, which practically wiped out the greater number of the new banks, their number still further diminishing until the Civil War era. During 1857 there were four banks in operation in Nebraska; in 1858 this number had been increased to six; the number diminished to but two banks in 1859 and in 1861 there was but one of the chartered banks in operation. Money, which had never been plentiful in the territory, became more and more scarce and emigration was checked and brought practically to a standstill during these years. In 1865 there were seven banks doing business, this number was increased to twenty-eight by 1873 and there was no further increase of banking institutions until the early eighties and after the country had recovered somewhat from the disastrous panic of 1873. Since the early eighties there has been a steady increase in the number of banks in the state, along with the great increase of material wealth in all sections of the state. The Civil War period brought


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considerable real money into the territory because of the deflection of the trade route from Kansas-Missouri through Nebraska. Banks were estab- lished to care for the money needs of travelers and freighters, and money became plentiful instead of being a rarity.


BANKING NEEDS OF THE PIONEERS.


Banks were not needed during the pioneer days of Richardson county, for the very simple reason that there were very few people who had money other than that which they could keep in a strong box at home or carry about with them. What little banking was done was taken care of by the merchants and traders.


For many years after the coming of the pioneers to Richardson county the business in this line was transacted at St. Joseph or Atchison. It is claimed that- the first to make a move to establish a bank in Falls City was B. F. Lushbaugh, who came down here either from Nemaha or Otve county. His efforts went so far that he had a room prepared and had provided the necessary stationery, but for some reason or other the bank was never opened.


The first bank that did open its doors in Falls City was a private . bank and was located on the site of Peter Kaiser's place, on the west side of Stone street, between Sixteenth and Seventeenth streets. A small brick building, the first of the kind to be built on the townsite, was located there a distance of nine or ten feet back from the present front line of the build- ings on that street. In this place the Keim bank and, what was later known as the Keim & Grable bank, was located. At about the same time the Hinton bank, also a private bank, was opened for business and was located on the same street, but a few doors from the former. These two pioneer institu- tions of the kind served for several years the purpose for which they were established, but unhappily, owing to the looseness and lack of safeguards in the laws controlling banks in those days and business conditions control- ling in the country at large at the time they met the fate of many other institutions throughout the West and were forced to discontinue business. These banks were established in 1872.


PRESENT BANKS IN RICHARDSON COUNTY.


Richardson county now has a total of sixteen banks, located as follow : First National Bank, Falls City.


Richardson County Bank, Falls City.


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Falls City State Bank, Falls City.


Home State Bank, Humboldt.


National Bank of Humboldt, Humboldt.


ยท State Bank of Humboldt, Humboldt. The Dawson Bank, Dawson. Bank of Salem, Salem. Bank of Rulo, Rulo.


Verdon State Bank, Verdon.


Farmers and Merchants Bank, Verdon.


The State Bank of Stella, Stella.


Farmers State Bank, Stella. '


Citizens Bank, Shubert.


Farmers State Bank, Shubert.


Barada State Bank, Barada.


The following, taken from the twenty-fifth annual report of the sec- retary of the state banking board of the state of Nebraska, for 1916, shows the real-estate and other loans, capital and surplus, net profits and deposits of the state banks of this county, November 17, 1916: Real-estate loans, $327,912.23 ; all other loans, $2,093,837.34 ; capital, $419,500; surplus, $128,- 700; net undivided profits, $30,128.71 ; deposits, $2.787,997.98.


PIONEER BANKING IIOUSES.


C. L. Keim, who was the father of the present editors of the Falls City Journal, A. R. and Miss Genevieve Keim, was one of the pioneers in the banking business in Falls City. He came here from Pennsylvania, bringing with him an ample supply of funds, and in the month of November, 1871. opened a banking house in a small brick building since torn away to make room for a larger building and located on the present site of the Peter Kaiser's place, between Sixteenth and Seventeenth streets on the west side of Stone street. The following spring H. B. Grable became a partner, and the business was conducted under the firm name of C. L: Keim & Company and some time afterwards the style was changed to The Falls City Bank of C. L. Keim & Company. In 1873 these gentlemen built the house later occupied by them, directly to the north, a twenty-four by sixty feet brick, two stories and a full sized basement, with an elegant front, with large plate glass windows. The front room was about twenty-two by forty feet, with a finely finished and conventiently designed counter running


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the full length, and a large fire-and-burglar-proof vault. The private office in the rear was about twenty by forty feet.


The banking house of John Hinton, late of Luzerne county, Penn- sylvania, was opened by Smith & Hinton in the month of February, 1872, in a large room a few doors to the north of the Keim-Grable bank in a build- ing, then occupying the present site of the Tefft shoe store and the later location of the First National Bank, opened in 1882. In April, 1873, Mr. Smith severed his connection with the bank and Mr. Hinton continued the business alone until August, when J. M. Peabody became the senior partner. In April, 1874, Mr. Peabody also withdrew and for a time Mr. Hinton con- tinued, as before, alone. The house occupied by Mr. Hinton was a small frame structure, but was provided with a large fire-and-burglar-proof safe and all the other conveniences necessary to an up-to-date banking institution. He was later joined in the business by James L. Slocum, who until the present day has continued ever successfully in the banking business.


The population of the county in those days was but little below that of the present time and the two banking houses did remarkably well, with the exception of the year of the panic-1873. During the year 1874 the business of the two houses was estimated at $700,000, the deposits being about $550,000.


FIRST NATIONAL BANK OF FALLS CITY.


The First National Bank of Falls City, which has always stood in the forefront of the leading financial institutions of Richardson county, was a successor of the banking house of Reuel Nims & Company. More money than could be furnished by private individuals was necessary to ac- commodate the large and growing increase of patronage, hence the change which necessitated the advent in the city of an institution to be organized as a national bank. The bank was organized just at the time when the line of the Missouri Pacific Railway Company was entering Falls City. This railway company had but just completed the work of laying the connec- ting links which bound in rails of steel the line between Kansas City, Mis- souri and Omaha, and opened for business as the second line entering Falls City. The coming of the road gave birth to the new towns of Verdon and Stella, besides bringing into closer touch the north part of the county to out- side markets. Farm values were instantly and very materially effected and Falls City's importance as a county seat greatly enhanced.


John Jay Knox, comptroller of the currency in the treasury depart- ment at Washington, uncler date of June 30, 1882, certified that the First


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National Bank of Falls City, having complied with all the requirements of - law so made and provided was "authorized to commence the business of banking." The bank was opened for business about July 1. 1882. The bank organized with a capital stock of $50,000, with a privilege of increas- ing it to $200,000, if occasion required. The first officers of the bank were: President. Stephen B. Miles ; vice-president, John W. Holt, cashier, Reuel Nims; assistant cashier, Van S. Ashman ; board of directors, J. Cass Lin- col11. of Salem; John W. Holt, and Reuel Nims.


The high standing of the personnel of the founders of this institution, coming, as they did, after the unfortunate and disquieting experience en- dured under attempts made by others formerly to engage in this line of business, gave the new bank the instant prestige which has continued to this hour making, it one of the leading financial institutions in Nebraska.




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