USA > Nebraska > Platte County > Past and present of Platte County, Nebraska : a record of settlement, organization, progress and achievement, Volume I > Part 16
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MONROE REPUBLICAN
The Monroe Republican was established Friday, June 1, 1894, by R. G. Strother, and edited and published by him in the Village of Monroe, located in the western part of Platte County. The paper is a six-colunm quarto, subscription $1 per year, payable in advance. The first issue was a six-column folio on a small Army press, which has since given place to one of the latest pattern. Type, presses and general appearance of the paper have kept pace with the rapid growth and development of the town. He now has ample job rooms, where all kinds of plain and fancy job work is neatly done. It is republican in politics, and is fast winning its way to public favor. Its circulation is increasing, and has proved a successful newspaper venture.
PLATTE CENTER SIGNAL
The Signal was established a quarter of a century ago as the Argus, by Warwick Sanders, who strenuously sought to place the venture on a sound financial foundation, probably without any great measure of encouragement, as he soon gave way to one Bradford. Then came F. H. Gilmore, who changed the name to the Platte Center Signal. Within three years J. A. Moakler's name was placed at the head of the editorial column, and in 1896 Christian Gruenther, the present owner, bought the plant, and changed the Signal to a six- column quarto, as it is today.
THE HUMPHREY DEMOCRAAT
James Robison founded the Independent * in 1884 and the office was first located on the site of Doctor Cauley's office building. The
* Later merged with the Democrat.
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paper has had several proprietors, as follows: J. W. Fuchs, 1888; D. F. Dickenson, 1890; S. E. Crans, 1890; H. R. Ellsworth, Feb- ruary 24, 1893; John P. Walker, July 7, 1893; Charles O'Hara, April, 1895; Charles H. Swallow, September 20, 1895; F. J. Pratt, 1903-11. J. A. Zavadil conducted the destinies of the paper during the years 1911 and 1912, while Mr. Pratt served as state oil inspector, and on October 1, 1913, Zavadil and S. Karthaus bought the prop- erty and are publishing one of the brightest little papers in Platte County.
THE LINDSAY POST
Before the advent of the Post two newspapers had come into existence in Lindsay and vanished from the field in due time. The Sentinel was established in the '80s by Charles Field, who remained in charge two or three years. George Camp followed in the manage- ment and shortly thereafter suspended publication. The next ven- ture was the Lindsay Times, published by a man named Kranz. The Times lasted a year. Then came the Post, in 1896, by W. E. Moore. The latter was succeeded by John Hassman, and he in turn by Peter Johnson, H. A. Backhaus, A. W. Hagaman, F. A. Gerrard, John Foley, E. R. Teft, W. A. Nutt, J. A. Zavadil, of the Humphrey Democrat, and Mr. Buck, of Newman Grove.
CHAPTER XI
BENCH AND BAR
Perhaps no body of men, not excepting the clergy, may exercise a greater influence for good in a community than those who follow the profession of the law, and it must be admitted that to no other body, not even to the so-called criminal classes, are committed greater possibilities for an influence for evil. What that influence shall be depends upon the character of the men who constitute the bar of the community-not merely on their ability or learning but on their character. If the standard of morality among the members of the bar is high, the whole community learns to look at questions of right and wrong from a higher plane. If the bar, consciously or uncon- sciously, adopts a low standard of morality, it almost inevitably con- taminates the conscience of the community. And this is true not only in the practice of the profession itself, not only because of the influ- ence of members of the bar as men rather than lawyers, but in the effect upon other professions and occupations to which the bar acts as a feeder. The members of the Legislature are recruited largely from the legal profession. How can legislation, designed solely for the welfare of the public, be expected from one whose honor as a lawyer has not been above suspicion? And since lawyers, outside of the Legislature, have a great influence in shaping the law, how can the people expect that influence to be exerted in their behalf when the bar itself is unworthy ? Still more does the character of the bar affect the judiciary, which is supplied from its ranks. It is not always, perhaps not generally, the case that members of the bench are chosen from those lawyers who have attained the highest rank in their pro- fession. If a judge be industrious and honest but not of great ability, or if he be able and honest, though lacking industry, the rights of the iitigants are not likely to suffer seriously at his hands. But there have been instances where judicial office was bestowed solely as a reward for political service; and while it is sometimes realized that one who has been a strenuous and not too serupulous politician up to
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the moment of his elevation to the bench, has thereafter forgotten that there was such a trade as politics and has administered justice without fear or favor, the experiment is a dangerous one. No one need be surprised if in such a case the old maxim holds true: "He who buys the office of judge must of necessity sell justice." Let our judges be men who are subject to other influences than those of the facts submitted to them and the law applicable to those facts, let them lack that independence which is an imperative requisite to one who holds the scales of justice, let a well founded suspicion arise that their decisions are dictated by something outside of their own minds and consciences, and the confidence of the people in the maintenance of their rights through the agency of the courts is destroyed.
It has been the good fortune of the City of Columbus and the County of Platte that the members of the bar here have been, for the most part, men of high character as well as of ability and learn- ing, so that its bar has won a high and honorable reputation through- out the rest of the state and because of the high character of the bar it has followed that those of its members who have been elevated to the bench have enjoyed the confidence and respect of the public and have been honored not only in their own locality but in many cases throughout the state and in other states.
Yet the preparation of a history of the bar, so far at least as that part of it which lies back of one's own generation is concerned, is attended with considerable difficulty. Probably few men who in their time play important parts in the community or even in the state or nation leave so transient a reputation as lawyers do. A writer on this subject, who took for his text "The Lawyer of Fifty Years Ago," said: "In thinking over the names of these distinguished men of whom I have been speaking, the thought has come to me how evanescent and limited is the lawyer's reputation, both in time and space. I doubt very much if a lawyer, whatever his standing, is much known to the profession outside of his own state." Those who attain high rank in the profession must realize that with rare exceptions, their names are "writ in water." One may turn over the leaves of old reports and find repeated again and again as counsel in different cases the name of some lawyer who must have been in his time a power in the courts, only to wonder if he has ever seen the name out- side of the covers of the dusty reports in which it appears. Hamilton, in the conventions, in the Federalist and in the treasury, and Webster in the Senate and in public orations, have perpetuated and increased the fame of lawyers Hamilton and Webster; but were it not for their
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services outside the strict limits of their profession one might come upon their names at this date with much the same lack of recognition as that with which one finds in a reported case the names of some counsel, great perhaps in his own time, but long since forgotten.
And there is another difficulty in preparing such a history as this, brief and therefore necessarily limited to a few names, and that is that some may be omitted who are quite as worthy of mention as those whose names appear. It is not often that any one man stands as a lawyer head and shoulders above the other members of the profes- sion; and the same may be said of any half dozen men. In many cases the most careful measurement would fail to disclose a difference of more than a fraction of an inch, if any. Lives of eminent men who have at some period been practicing lawyers, have contained the assertion that while they were engaged in the practice of their pro- fession they were the "leaders of the bar," but there is almost always room for doubt as to whether the title is not a brevet bestowed by the biographer alone. Therefore the mention in this article of certain lawyers must not be taken as any disparagement of those who are not mentioned, and finally, it is to be observed that this article, so far as the bar is concerned, will treat not only of those members who are past and gone, but will make mention of some of those now in the flesh. But first, attention is directed to the judicial districts in which Platte County found herself at various times.
Prior to the year 1875 there were only three judicial districts in the State of Nebraska. The judges of these districts were also mem- bers of the Supreme Court of the state. The judge of one of the districts at that time, who presided at the Platte County Court, was Judge Samuel Maxwell, who resided at Fremont, Dodge County, Nebraska. The territory of the district attorney was equal to that of the judge, and he usually traveled with the judge on the circuit, attending courts of the different counties in the district. The judge would come to Columbus, it being a more central point from which he could more readily reach some of the adjoining counties, and the district attorney, M. B. Hoxie, who resided in Schuyler, Colfax County, would accompany him. It was the custom of the judge, the district attorney and some of the attorneys from Columbus to go out on the circuit and hold courts in the different counties. At that time there was very little accommodation-scarcely a hotel at the county seat at which the court was to be held, and scarcely more room at which to put up than sufficient to accommodate the judge and the district attorney. The attorneys were sometimes compelled to lie on
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the floor for want of room or place to sleep. That was the condition for a few years until the new county was sufficiently populated to construct courthouse buildings and the town sufficiently large to erect hotels.
The first district court was held in Platte County in 1859; Chief Augustus Hall of the State Supreme Court presided. Judge Hall had been a member of Congress from Iowa and was appointed by President Buchanan as Judge Ferguson's successor, as one of the territorial judges. He was a short, very corpulent man, with a round, benevolent face, like a full harvest moon. This jurist had the perfect respect of the bar and it was said that his decisions were rarely reversed. The old log, grass-covered Company House, which was donated to the school board and used as a schoolhouse, then abandoned for that purpose and later known as Saints' Chapel, was used by the court for its first sittings and rooms in the American Hotel were secured for the juries.
Judge Hall was gathered to his fathers and was succeeded by William Pitt Kellogg, of Louisiana fame. He was followed on the bench by his uncle, William Kellogg, of Peoria, Illinois, who pre- sided over this court and others in the district, which was then a large one, until Nebraska became a state. At his first term of court the office of prosecuting attorney was held by Robert Moreland, who by no means was an ornament to the office. He had previously been bound over for breaking the peace and the only indictment returned that term was against the prosecuting attorney for assault and bat- tery.
Numerous changes since 1875 have been made in the judicial districts of the state, the number being increased as population increased. At present Platte County is in District No. 6, which includes Dodge, Colfax, Merrick, Platte, Boone and Nance Counties. At the time when courts were first held in counties before courthouses were erected, the court might be held in some small place. If the judges reached the place by noon of a certain day, court would be called at once and business proceeded with and, possibly, the cases that were then on hand, which might number a half dozen or more, were tried during the day and night, and the next day the judges and some of the attorneys would proceed to the next county seat and hold court in like manner. This was the method of doing court business at that early day-all work and very little deliberation, but in the main justice was done, possibly, nearly as at present.
Vol. I-11
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Under the enlargements of the number of judicial districts in 1875, the first judge after Maxwell was George W. Post, and after his term expired he was followed by his brother, Judge A. M. Post.
Various judges since then to sit at this place have been: William Marshall, J. J. Sullivan, J. A. Grimison, J. G. Reeder, Conrad Hol- lenbeck and George Thomas. Two of these judges, A. M. Post and J. J. Sullivan, served as judges of the Supreme Court of the state.
Prior to 1875 the lawyers in practice at the Columbus bar were: Leander Gerrard, A. B. Pattison, John E. Kelley, John G. Hig- gins, Charles A. Speice, Michael Whitmoyer, Nelson Millet, Byron Millet, his son, and J. O. Shannon. When I came here, Gerrard, Higgins, the Millets and myself went out in the adjoining counties on the circuit with the judges at every term of court.
Prior to 1875 Leander Gerrard was considered the leading lawyer of this place. J. G. Higgins was an active lawyer and about that time was elected county judge of Platte County. A case was tried before him, at which time, among other things, there was a hand saw brought into court for the purpose of being identified, and one of the attorneys in the case requested that it be filed in the court in the rec- ords of the case as an exhibit. The judge said, "No, sir, you can't file that saw in this case; there is disturbance enough in the court now." He was a good trial lawyer and became successful.
Speice did not practice very much but gave his attention to other affairs, being in partnership with J. E. North in the real estate busi- ness. Nelson Millet and his son, Byron, were in partnership under the firm style of Millet & Son. They were considered rather strong at the bar, were good trial lawyers, had a familiarity with the princi- ples of the law and knew how to expound them. The firm was suc- cessful. Nelson Millet is deceased and Byron Millet is now practicing in the State of Washington.
Shannon was in the practice here when I came. He was then a man of middle age. He was not very successful as a lawyer. He is deceased, but had left here some years before his death.
In 1876 A. M. Post came to practice at this bar, and a partnership was formed between Leander Gerrard, Michael Whitmoyer and A. M. Post, under the firm style of Whitmoyer, Gerrard & Post, which firm existed until Post was elected judge in 1878.
The attorneys who followed as practitioners at the Columbus bar after those that are first named prior to 1875, have been somewhat numerous, as the following list will show: J. G. Reeder, G. G. Bow-
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man, William McAllister, Stephen McAllister, J. J. Sullivan, Wil- liam Cornelius, John M. McFarland, C. J. Garlow, John M. Gond- ring, - Crawford, William O'Brien, W. M. Hensley, Richard Cun- ningham, J. N. Kilian, I. L. Albert, C. N. McElfresh, Grover Long, J. D. Stires, Lewis Lightner, Findley Howard, August Wagner, Otto F. Walter, Charles A. Woosley, B. P. Duffy, J. C. Martin, Maynard Hurd, - Geer, F. M. Cookingham, R. P. Drake and IV. I. Speice.
PRESENT MEMBERS OF THE BAR
I. L. Albert, J. D. Stires, M. Whitmoyer, James G. Reeder, A. M. Post, W. N. Hensley, C. J. Garlow, W. A. McAllister. W. I. Speice, C. N. McElfresh, William O'Brien, Lewis Lightner, Au- gust Wagner, Findley Howard, R. P. Drake, Grover Long, Otto F. Walter.
CHAPTER XII
THE MEDICAL PROFESSION
The pioneers of the healing art in Platte County were the guar- dians of a widely dispersed population. Aside from their professional duties, they contributed their full share to the material development of a newly opened country. Some were men of culture, who had gained their medical education in college. Others were of limited educational attainments, whose professional knowledge had been acquired in the offices of established practitioners of more or less ability in the sections from which they emigrated. Of either class, almost without exception, they were practical men of great force of character, who gave cheerful and efficacious assistance to the suffer- ing, daily journeying on horseback scores of miles, over a country almost destitute of roads and encountering swollen, unbridged streams, without waterproof garments or other now common protection against the elements. Out of necessity the pioneer physician developed rare quickness of perception and self-reliance. A specialist was then unknown, and the physician was called upon to treat every phase of bodily ailment, serving as physician, surgeon, oculist and dentist. His books were few and there were no practitioners of more ability than himself with whom he might consult. His medicines were sim- ple and carried on his person and every preparation of pill or solu- tion was the work of his own hands.
Dr. Charles B. Stillman was the first man of his profession to locate in Columbus and was one of the original pioneers of Columbus, coming to the place in March, 1857, a few months after its founding. He was a native of Connecticut, first seeing the light of day in the year 1831. His parents moved to Illinois when he was three years of age, and obtaining a common school education, the young man, in 1856, graduated from the medical department of the Iowa State University. For nine years after his arrival in Columbus he was the only physician and druggist in the county. He had his office and small stock of nostrums in a "lean-to" of a log cabin, which was the
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RESIDENCE OF DR. WILLIAM S. EVANS, COLUMBUS
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home of the priest. Charles A. Speice had a log house, then standing on the site of the Catholic Church afterwards built on the south side, into which Stillman later moved and remained until he built his drug store in 1866. Doctor Stillman was a good physician for his day and generation and had a large practice. As a man and citizen he was a valuable adjunct to the community. He held the office of county clerk from 1868 to 1872 and was also register of deeds, the two offices being combined. He served some time as surgeon for the Govern- ment, was coroner of the county and the first mayor of Columbus, so it is said.
Dr. Jeremiah Polley was here early in the '70s or later '60s and practiced the profession of medicine; but no one here can say whether he was a graduate of any medical institution or not. He was a kindly, gentle old man, and attended to the sick and ailing when called upon. There are many still living in Columbus who remember him quite well, although he died a number of years ago.
Dr. Edward Hoehen, a native of Switzerland, graduated in 1853 after taking a course of lectures, from the University of Zurich. Hc immigrated to America in 1857 and to Columbus in 1862, where he became quite prominent in his profession. The doctor was a member of the Maennerchor.
Dr. J. S. McAllister, who located in Columbus in the '60s, was a physician of the old school and also a dental surgeon. He was hos- pital steward and assistant surgeon of the Thirty-fourth New York Volunteers in the Civil war. He also served in the Fifth Regiment as its major and acting company commander, and while on duty at the Washington arsenal, as officer of the day, witnessed the execution of Mrs. Surratt and other conspirators against the lives of President Lincoln and others. He was successful as a physician, as a dentist and in photography.
Dr. Samuel A. Bonesteel was a regular physician of the old school, who located in Columbus in 1868. It was not long before he built up a large and lucrative practice. He was a native of Canada. He graduated from the medical department of the University of Michigan in 1867 and first located at Detroit. He also graduated from the medical department of McGill University, Montreal, Can- ada, in 1881. He was married at Columbus, July 4, 1871, to Louisa D. Weaver. He was a member of the Nebraska State Medical Society, of Lincoln, and of the Medical Society at Omaha.
Frederick J. Schug, a native of the State of Ohio, attended the public schools of his home town, then took courses of medical lectures
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at Louisville, Kentucky, and New Orleans, graduating from the Columbus (Ohio) Medical College in 1876. After studying methods in the chief cities of Europe, he came to Columbus and began the practice of his profession, in which he made a success. In the '80s Dr. Schug was appointed surgeon for the Nebraska National Guards and also became a member of the important medical associations of state and nation.
Dr. Carroll D. Evans is a native of Pennsylvania, born in 1856. He acquired a good common school education and was a student at Duff's Business College, at Pittsburgh. A preparatory course in medicine was taken in Philadelphia and graduation was from the College of Physicians and Surgeons, Baltimore, in 1882; also a post- graduate course at the New York and Chicago Polytechnic the same year. He began practice in 1882 at Bradford, Pennsylvania, and remained there one year. Then removing to Columbus-in May, 1883-he opened an office and became eminently successful. He was at once appointed physician at St. Mary's Hospital and for many years was the leading surgeon of that institution. In 1902 he was appointed by the governor a delegate to the American Congress of Tuberculosis, at New York, and delegate to the Association of Mili- tary Surgeons of the United States, at Washington; in 1903 he was appointed surgeon-general of the State Guards, and by the State Medical Association as delegate to the American Association, at Mil- waukee. The doctor is not only prominent in medical circles, but also in military and fraternal societies.
Columbus always has had men of the medical profession whose abilities have been of a high order and their social standing unques- tioned. Those now practicing in the city are Drs. C. A. Allenberger, C. H. Campbell, A. G. Luschen, F. B. Cyphers, F. H. Morrow, D. T. Martyn, Jr., William Neumarker, W. S. Evans, B. C. Tiesing, D. T. Martyn, Sr.
PLATTE COUNTY MEDICAL SOCIETY
In answer to a circular letter, issued by Doctor Wilkinson, of Lincoln, secretary of the Nebraska State Medical Society, request- ing the physicians of the several counties to organize medical societies within their respective counties, the following physicians of Platte County assembled in the parlors of the Meridian Hotel, on the even- ing of the 12th of February, 1902: Frank Grabel, of Creston; P. H. Metz and J. M. McKinley, of Humphrey; F. H. Geer, D. T.
RESIDENCE OF DR. CARROLL D. EVANS, COLUMBUS
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Martyn, Jr., Hans Petersen, Homer F. Hansen, H. J. Arnold, L. C. Voss and B. C. Tiesing, of Columbus.
A motion was made and carried that a county medical society be organized. Dr. H. J. Arnold was then made temporary chairman, and Doctor Tiesing, secretary. A constitution, already prepared, was then read by Dr. L. C. Voss. The organization was then per- fected by the election of H. J. Arnold, president; Dr. B. Tiesing, secretary ; and Dr. F. A. Hansen, treasurer. Dr. J. Mckinley was selected as the delegate to the next meeting of the Nebraska State Medical Society. Drs. Frank Grabel and P. H. Metz composed the committee on program; Drs. D. T. Martyn, Jr., and F. H. Geer, on credentials; and Drs. Hans Petersen and L. C. Voss, on arrange- ments.
The society has maintained considerable interest in its meetings, which take place quarterly. Theses and papers pertinent to the pro- fession are carefully prepared and read and discussed by the members.
The present members of the society are as follows, namely: C. A. Allenberger, D. T. Martyn, Sr., D. T. Martyn, Jr., C. D. Evans, William S. Evans, W. R. Neumarker, Charles H. Campbell, B. Tiesing, F. H. Morrow, H. J. Arnold, of Columbus; Robert Season- good and A. A. Bald, Platte Center; F. B. Cyphers, Duncan; D. G. Walker, Lindsay; H. G. Morris, Creston; George F. Pugh, P. H. Metz and F. E. LeMar, Humphrey.
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