The trail of the Loup; being a history of the Loup River region, Part 6

Author: Foght, Harold Waldstein, 1869-
Publication date: 1906
Publisher: [Ord, Neb.]
Number of Pages: 318


USA > Nebraska > Sherman County > Loup City > The trail of the Loup; being a history of the Loup River region > Part 6


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28


Three of the most valuable native grasses, growing on the Loup in the early days, were the sorghum grass (Sorghum nutans), the blue joint (Andropogon furcatus), and the buffalo grass (Buchlae dactyloides). Of these all but the latter yet flourish and form the bulk of all our wild forage grasses. The sorghum grass is by many experts picked as Ne- braska's most nutritious native grass. In carly springtime it is not easy to distinguish it from bluejoint; when, however its russet like spikelets in a compact panicle make their appearance, all danger of suen mistakes disappear. It is very hardy and if cut just before frost, makes splendid hay. Blue joint grows ranker than the foregoing, the stem when full grown is from four to five feet high and is surmounted by a cluster of four to six straight, rigid and hairy spikes, from three to five inches long, and of a purple color.


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The famous buffalo grass once grew over the whole region between the Missouri and the mountains. It formed the chief food of the buffalo and has ever been favorite with all kinds of domestic stock. This nutritious grass, too well known to need description, is curiously enough rapidly


The Last Buffalo on the Loup.


(From a Photograph Taken some Years ago at the County Fair Held at Ord.


disappearing from the plains, and is in our state threatened with total extinction. In the Loup valley where it used to be so abundant now only isolated patches are found, and these in depressions and alkali spots. Many theories have been advanced to explain this disappearance, occurring as


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it did contemporaneously with that of the buffalo. The most common sense explanation seems to be "that change of climate, especially increase of rainfall, had most to do with this phenomenon."


The Loup was formerly a veritable paradise for game and carnivorous beasts. The monarch of all the game roaming here was the bison (Bos Americanus), popularly known as the buffalo. Almost incredible stories are told by early settlers and freighters across the plains about the size of herds they so often encountered. Thus we hear of "Buffalo Bill" estimat- ing a certain herd at 500,000. By 1872 the large herds had already left the valley of the Loup. Bands from half a dozen to a score continued to roam in Garfield and Loup counties for several years longer. As late as the summer of 1874 Charles Post and his brothers killed some fine specimens on Pebble Creek, and even in 1875 James Barr found a last straggler. dead in a wallow near "The Forks." They had for some time been drifting over onto the Middle Loup, soon to disappear altogether. For years skulls, with fairly well preserved horns, could be found on the prairie and in many an old time home may they vet be seen, adorning some mantel piece or wall.


Great herds of elk (Cervus canadensis) frequented the Loup for years after its settlement and were a source of much highly valued food. They usually kept to the hills, but would occasionally enter the valley. Mira valley, with its surrounding hills, seemed to be their most favorite haunt. Two old timers Truman Freeland and A R Harper, state that on one occasion they counted fully 500 in one herd grazing in that valley, with many smaller bands scattered over the hillsides. Again we are told that while Fort Hartsuff was being erected away back in 1875, one day a fine herd estimated at at least 300 poured out of the hills on the opposite side of the river, near where Elyria now stands, and sought the bottoms at the water's edge. All work on the fortifications immediately ceased, as the workers to the last man threw down pick and shovel to seize the rifle instead. In the pine groves at "The Forks" the elk held out the longest, Alex Draver slaying the last one there in the winter of 1882. It was not an uncommon thing in those days to see tame elk and deer grazing peace- fully about the dooryard of some homestead.


The pronghorn antelope (Antilocapera Americana) was very common. Herds of from 20 to 100 of these graceful animals were common sights along the hill ranges. Their natural curiosity made them an easy prey for the early hunter and they passed from the valley about the same time that did the elk. Three species of deer were formerly found here. These were the common red deer (Cervus virginianus), the white tailed deer (C. leucrus), and the black tailed deer (C. columbianus). 1885 saw the last deer in the valley proper. At that time they sought the less frequented sand hills to the north, where they were hunted for some years. Even in our day an occasional deer may be shot on the Calamus or in the lake country. The writer had the good fortune to see several excellent specimens on the reed grown banks of Dad's Lake as late as 1893.


Elk at Play: an Old-Time Winter Scene from "The Forks."


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THE TRAIL OF THE LOUP


Bears were never plentiful in our state, the Niobrara country alone being their natural haunt. In 1875, however, it appears that one had wandered far to the south of his native wilds, for in that year William Pierson killed a large silvertipped bear (Ursus Americanus) between the North Loup River and Brush Lake.


Of carnivorous beasts several species of timber wolves skulked about in the wooded canyons, and the night on the prairie was often made hideous with the yelp of the prairie wolf, or coyote. A few lynxes and wild cats were shot in the timber lands. Such valuable fur bearing animals as the beaver, otter, mink and marten were numerous. Raccoons and badgers yet survive. Opossums, while more at home farther south, have been


In His Native Wilds.


found on the Calamus and the upper Loup. Polecats and skunks, prairie dogs and ground squirrels of many species have always been with us. Gallinacious birds were represented by four species, and of those only three now remain. Of these the wild turkey has been seen only a few times in our section, and that long ago. The sharp tailed grouse were very numerous at one time but are now much reduced in numbers. The prairie chicken and quail arrived in the settlements with the first crops and have been with us in goodly numbers ever since. The enforcement of stringent game laws has made both of these birds, and especially the industrious and useful little quail or "Bob White" very plentiful.


Answerine birds are represented in many species of ducks, geese and brants. Wading birds, such as the king plover, the piper and the gray snipe, are abundant in the lowlands while the shrill call of the long billed


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curlew is still heard in the sand hills. Numerous songsters, piscarian birds, and birds of prey of many species make the valley their home in season. Of reptiles and saurians various turtles and lizards are repres- ented. Of snakea, the black snake, the garter snake, the bull snake and the prairie rattlesnake have been common. Of these the latter has now fortunately become practically extinct. Many species of edible fish have ever been abundant in our water courses. Much other animal life, alto- gether too numerous to dwell upon here, filled land and water and air when the first settler arrived.


Hill and valley were inviting and rich with an almost profligate abund- ance of natural wealth. Nature awaited only the hand of civilized man to turn it all to practical uses. And he was coming. The forerunners were already in the Valley.


Cowboy Regime and Forerunners of Civilization.


CHAPTER V.


"Your creeds and dogmas of a learned church May build a fabric, fair with moral beauty; But it would seem that the strong hand of God Can. only. 'rase the devil from the heart."-Duo.


T HE carly pages of frontier history are usually written in blood. There are the harrowing tales of massacre by prowling and vengeful Indians, or if these are wanting, then desperate encounters with the lawless element incident to life beyond the reach of the arm of law and justice-the con- fidence man and gambler, preying upon every newcomer; the old time cow- boy element, "shooting up" the town or embroiled in desperate feuds with the homesteader; fugitives from justice, lawbreakers of all kinds escaped from the older states "back East." The North Loup Valley settlements were in most respects no exception to this rule. They experienced their share of Indian scares, and can record some thrilling encounters with the red men The desperado and gambler too appeared on the borders after the first waves of settlement had subsided. But they did not long remain. The atmosphere was not congenial and the field anything but profitable. The character of the pioneer fathers was of too sterling a makeup to long countenance outlawry and all that it begets. So this scum of all new civilizations passed away, no more to show its face. Yes, the settlements did not escape these experiences, but this was to be expected. They might have fared much worse. Indeed, should we compare our early days with the pioneer history of say, the Middle Loup settlements, our immediate neighbors on the west, we might consider ourselves very fortunate indeed.


In the evolution of the virgin prairie to settled homestead, our valley by its fortunate location escaped such harrowing incidents of border feud and bloodshed between cowboy occupant and pioneer homesteader as fell to the lot of Custer and other counties west of us.


At the time when our narrative opens, the cattle industry on the Great Plains had taken on vast proportions. Great herds of cattle from Texas and the "Pan Handle" were in full possession of "No Man's Land" and western Kansas, and great tracts in southern and western Nebraska were swarming with thousands of "rangers." The cattle kings seized upon all the good herding grounds and built their home ranch on


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every available watercourse, to the exclusion of actual settlers. Once in possession the cattlemen proposed to hold the range in spite of herd law and homestead law, by force if necessary. To the good fortune of the North Loup country, when the cattle kings first began to invade our state settlers were already in full possession of the Platte valley as far west as Dawson county. This circumstance checked a direct northward movement and forced the oncoming tide to turn to the northwest, thereby sparing our part of the state for a few vears, long enough for the first settlers to take possession. So by the time the cattle movement could outflank the Platte settlements and again swing eastward, gradually to spread over the unorganized territory embraced in the South and Middle Loup valleys, the North Loup was absolutely safe against encroachment.


The unorganized territory immediately west of Valley county was, at an early date, attached to that county for judicial purposes. And its history in a way becomes our history. To properly understand all the details surrounding our own development, therefore, it becomes necessary to give some attention in the passing, to the lawlessness and bitter strife and bloodshed which for some years possessed our Custer county border. The natural fertility of the soil in the unorganized territory early attracted the attention of landseekers. But to actually homestead the land occupied by the cattlemen was a serious matter. The latter considered all such attempts as encroachments upon their personal rights, and the settlers as so many intruders. The first homesteaders accordingly lived precarious lives. Thousands of cattle ranged at will over the country and necessi- tated a constant watch over the fields by night and by day. To fence one's fields was to invite a raid from cowboys who made short work of all such protections. And to resist force with force meant the loss of house and home and some times life to boot. In those days discretion became the better part of valor.


The years 1877 and '78 witnessed a great influx of settlers to Custer county. The fine bottom lands along the water courses became settled and it really began to look as though the great herds of cattle would be entirely excluded from their old watering places. This to them seeming gross injustice angered the cattlemen, especially as it was the general opinion then that only the bottom lands were fit for agriculture; these occupied by farmers would render practically valueless for grazing the thousands of acres of unwatered hill country. Custer county, they argued, was a natural grazing country, and should be maintained as such. Another, and the immediate cause of many deeds of violence was the prevalence of "cattle rustling." It will be borne in mind that the cattlemen allowed their stock to roam at will over the range. This meant that for months at a time perhaps they would be beyond their owner's reach, who saw them usually but once a year at the annual "round up." The straying cattle thus fell an èasy prey to unscrupulous characters, who would coolly shoot them down, slaughter them, and haul them by the wagon load to the nearest railroad station for shipment. This traffic took on vast propotions


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before the cattlemen could notice their losses. When finally they woke to a realization of what was happening their rage knew no limits, and death by lynching would have been considered alinost too good for a culprit caught in the act, The real thieves were and remained unknown. The cowboys, already prejudiced against the settlers, naturally enough charged these crimes to the latter. That the settlers did occasionally shoot and slaughter a beef or two there can be little doubt-nor was it more than fair recompense for ruined crops -- but that they were guilty of this wholesale slaughter and exportation no one believes for a moment. This crime must be laid at the door of cattle thieves from the state at large.


Old Mitchell Ranch House, Custer County.


Matters went from bad to worse till the cattlemen in their desperation resolved to drive the settlers to a man from the country. This initiated a state of lawlessness very seldom equalled in border feuds. Cold blooded murder. in its most cruel form, was repeatedly committed, and no man's life or property was deemed safe. The climax of all this misery was the murder and burning of Luther Mitchell and Ami Ketchum-one of the most dastardly crimes ever chronicled in the criminal history of any nation. So gruesome are the details of this heartrending tragedy that we almost rebel against repeating them in this narrative. But it is deemed advisable to do so in order better to impress our readers with the true significance of the North Loup Valley's escape from cowboy regime:


"One of the most wealthy of the cattle-owners of Nebraska, was I. P. Olive, who owned many thousand head of stock that found pasturage in Custer countv. He had, from time to time, lost a great many animals.


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some of them undoubtedly stolen by cattle thieves. For this reason he became the prime mover in the attempt to expel the settlers from Custer county. His headquarters were in this county, although he resided in Plum Creek, Dawson county. He had come to Nebraska from Texas on account of having been concerned in the killing of several men while there, and it is said that he had been guilty of other murders. Fearing both legal and personal vengeance, he fled to Nebraska. He was accompanied by his brother Robert Olive, who had, to prevent all knowledge of his where abouts, assumed the name of Stevens.


"Luther M. Mitchell and Ami Ketchum were homesteaders, living on Clear Creek, where they had made a settlement some time previous. Mitchell was an old man, sixty three years of age, a farmer, who had removed here from Merrick county. Ketchum had resided in the state for some years and had worked at his trade, that of a blacksmith, in several towns, but, having decided to go to farming, he entered a homestead here.


"For some time there had been trouble between the Olives and Ketchum. In the attempt to frighten or drive the settlers from the county, they found Ketchum too courageous to be frightened, and too quick and accurate in the use of firearms to be driven successfully. Between Stevens, or Bob Olive, and Ketchum, there had been a great deal of difficulty. Stevens, as he was then known, had on several occasions threatened to kill Ketchum and had also accused him of stealing cattle.


"Some days previous to the trouble that resulted in the death of Stevens, one Manley Capel had been arrested on the charge of stealing cattle in Custer county, and in his confession, seemed to implicate Ami Ketchum.


"Stevens, or Bob Olive, was well known as a desperado, and it was also known that he and Ketchum were enemies. Yet. Sheriff David Anderson, of Buffalo county, made him deputy for the occasion, and gave him a warrant for the arrest of Ketchum. This warrant was sworn out by some members of the Olive gang, and it has been a question whether this warrant was gotten out in good faith, believing Ketchum to be a cattle thief, or merely as a pretext to get him into the custody of the Olives. Itis now generally thought that Ketchum was innocent of any crime, that he was merely a peaceable settler, whom Stevens was anxious to kill on account of the old enmity, and because he could not be driven from the country by threats. It is also generally believed that had he fallen into Stevens' hands, he would have been killed on some pretext or other; that there are reasons to belive these opinions to be correct, as the following sketch of the ensuing tragedy will show.


"Stevens engaged three others to accompany him, all rough and desperate men, among whom was Barney Armstrong, and proceeded to the home of Ketchum, arriving here on Wednesday morning, November 27, 1878. Mitchell and Ketchum were getting ready on that morning to go to a neighbor's to return a bull they had been keeping. Mrs. Mitchell was preparing to go with them to visit the family of this neighbor-one Mr. Dows-during the day. When they were nearly ready to start, a stranger


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rode up and asked Ketchum, who was a blacksmith, to shoe his horse. Ketchum told him that he could not on that day, and asked him to return the next morning, which he promised to do and rode off. It has since been supposed that he came there in the interests of the Olives, to see if the intended victims were there. Mitchell and Ketchum had put their rifles in the wagon, hoping to see some game on their journey. Ketchum also took his pistol, which he always carried, from the fact of Stevens having threatened his life.


"While the men were taking care of the animal, Mrs. Mitchell took her place on the seat to hold the team. While Mitchell and Ketchum were tying the bull to the axle of the wagon and gathreing in the long lariat rope by which it was tied, Mrs. Mitchell observed a party of men riding toward them, but it attracted no particular attention, as they were fre- quently visited by hunters and land seekers. As these men came up, they dashed along, four abreast, and, when they came near, began shooting. Stevens, or Bob Olive, was the first to fire, and as he did so, he called .to Ketchum to throw up his hands. For reply, Ketchum drew his pistol, and, at his first shot, Stevens fell forward in his saddle, mortally wounded. Meanwhile, the other men kept up the shooting, and Ketchum was wounded in the arm. The children came running out of the house, when one of the men began firing at them' but without effect. Mitchell reached into the wagon, secured his rifle and began firing, but Stevens now turned and rode off, and he was soon followed by the remaining cowboys. There were from twenty-five to thirty shots fired, but only with the effect stated. As soon as the cowboys had ridden away, Mitchell and Ketchum packed up a few of their household goods and started to go to Merrick county, where Mitchell had formerly lived. They did this as they feared violence from the now enraged cowboys. Arriving in Merrick county, they went directly to the residence of Dr. Barnes to attend to Ketchum's wounds. The next morning, acting upon the advice of their friends, the men, Mitchell and Ketchum, having secured a place of safety for Mrs. Mitchell and the children, started for Custer county, to give themselves up and stand a trial for the killing of Stevens. On their way, when they reached Loup City, they visited Judge Wall for legal advice. Judge Wall advised them to go no farther, as the cowboys were waiting for them, prepared to lynch them. They remained here two or three days, and then went to the house of John R. Baker, on Oak Creek, in Howard county, where they were arrested by Sheriff William Letcher, of Merrick county, and Sheriff F. W. Crew, of Howard county, giving themselves readily into custody.


"I. P. Olive had offered a reward of $700 for the arrest of Mitchell and Ketchum, and several sheriffs, among whom were Crew, of Howard, Gillan of Keith. Anderson, of Buffalo, and Letcher, of Merrick, were anixous to capture them that they might secure the reward. But after they were captured and in the hands of Crew and Letcher, these officers were un- willing to incur the responsibility of taking them to Custer county, and turning them over to the blood-thirsty cowboys; therefore, they were


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finally taken to the Buffalo county jail, in Kearney, and placed in charge of Capt. David Anderson, the sheriff of that county, for safe keeping. The prisoners were first, held without any legal authority, as I. P. Olive had given the warrant for their arrest, issued in Custer county, into the hands of Harney Gillan, Sheriff of Keith county to serve. The prisoners had engaged T. Darnall, of St. Paul, Neb., and E. C Calkins of Kearney, as their attorneys. The attorneys endeavord to keep the prisoners in the jail at Kearney, fearing that violence might be done them. The feeling in Kearney at that time was against Mitchell and Ketchum, who were represented as having killed Stevens while he was fulfilling his duty as an officer of the law. A question arose among the sheriffs as to the division of the money offered as a reward for Mitchell and Ketchum, which Olive had declined paying until they were delivered in Custer county. A proposition was finally made to Sheriff Anderson to take them to that place, and $50 was offered him for his services. This he declined to do, however, unless he was paid enough to enable him to employ a sufficient number of men to guard the prisoners. It was finally arranged that Gillan, since he held the warrant for their arrest, should take the prisoners to Custer county, and he promised to notify their attorneys, Calkins and Darnall, so that they could accompany them. As Gillan was a sheriff, and his desperate character was not then known, even these attorneys did not anticipate any serious difficulty. They, however, kept close watch lest the prisoners should be stolen away.


"On the forenoon of the 10th day of December, Darnall, fearing that the prisoners were about to be taken away, was keeping close watch until after the emigrant train came in. This train was late, but Darnall remained at the depot until he thought it was about time for it to leave, when he started away. In the meantime, Gillan had taken the prisoners from the jail, and at just the last moment hustled them on the cars. Darnall, then fearing trouble, telegraphed to Gillan, at Elm Creek, first station west of Kearney, asking him if he would hold the prisoners at Plum Creek until the arrival of the next train from the East. Gillan replied that he would do so. To still further secure their safety he also telegraphed to Capt. C. W. McNamar an attorney at Plum Creek, asking him to keep close watch, to see what was done with the prisoners on their arrival at that town. Plum Creek was the home of I. P. Olive, and here he was surrounded by many friends and employees. They, with wagons, met the party as they got off the train, and, putting the prisoners into a wagon, started at once for Custer county. This was about 3 o'clock in the afternoon. Capt. McNamar being unable to prevail on them to remain, and believing that it was the intention to murder the prisoners, followed them for some distance, when the party separated, some going in one direction and some in another. He followed after the prisoners, however, until after dark, when he lost their trail. The Olive party kept on, all coming together on the Loup River. about five miles from Olive's ranch, where they went through the process of transferring the prisoners from Gillan to Olive. Among those who took


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the prisoners were Bion Brown, Pedro Dominicus and Dennis Gartrell, Gillan and Dufran walked up the road for a short distance, while the remainder of the party started on for Devil's Canyon, Olive riding ahead and Gartrell driving the wagon. Olive stopped under a large elm tree. Two ropes were thrown over a branch and Gartrell tied one around Ketchum's neck and Pedro Dominicus tied the other around Mitchell's neck. The ropes were not prepared with slip nooses, however, but were simply tied that their agony might be prolonged. The prisoners were handcuffed together. Ketchum was first drawn up. Olive caught up a rifle and shot Mitchell. Olive and Gartrell then caught hold of the rope and drew Mitchell up. Fisher and Brown pulled on Ketchum's rope. A fire was then kindled under them. Accounts differ as to whether this was done purposely or not. The party had been indulging freely in whisky, and some of them claim that this fire was started accidentally. However this may be, the bodies were frighfully burned. Then next day, when the bodies were found, about three o'clock in the afternoon, Ketchum was still hanging, with his legs burned nearly to a crumbling condition. Mitchell's rope had either burned off or had broken, and he was lying on the ground, one arm drawn up to Ketchum by the handcuffs, while the other was burned off up to the shoulder.




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