USA > South Dakota > Hyde County > History of Hyde County, South Dakota : from its organization to the present time > Part 3
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-1901-1902-
Auditor . John C. Stoner
Register of Deeds
O. C. Kippenbrock
County Judge Eli Johnson
Treasurer B. A. Foote Sheriff Alphonso Winans
Sup't of Schools
. Ira L. Angle
State's Attorney
A. N. Van Camp
Surveyor. . John Amaldy Coroner Chas. E. Lighthead
Clerk of Courts . E. R. Sheppard Assessor Wm. J. Bottcher Commissioners in 1901 the same as in 1900 except that Samuel Mason was on the Board in place of D. O. Welch.
HENRY MARSO AND FAMILY
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
-1903-1904-
Auditor . Frank L. Latta
Register of Deeds O. C. Kippenbrock
County Judge. Eli Johnson
Treasurer B. A. Foote Sheriff . Thomas W. Tibbs
Sup't of Schools Ira L. Angle
State's Attorney
M. C. Cunningham
Surveyor . J. P. Gilman
Coroner . I. M. Burnside
Clerk of Courts .Oran O. Hart
Assessor
Even O. Evenson
Commissioners . John M. Jensen, Arthur Lee, H. T. Johnson Samuel Mason and J. S. Mesick.
-1905-1906-
Auditor Frank L. Latta
Register of Deeds . J. H. Pilkington
County Judge G. L. F. Robinson
Treasurer L. M. Hanson Sheriff . Thomas W. Tibbs
Sup't of Schools
. W. N. Van Camp
State's Attorney Eli Johnson Surveyor . . J. P. Gilman Coroner .. H H. Stoner
Clerk of Courts Oran O. Hart Assessor . J. H. Myers Commissioners Reuben Ellerton, John Zemlicka, W. J. Han- nah, Jos. Mesick and Arthur Lee. In July, 1905, Judge G. L. F. Robinson died and F. M. Barnes was appointed to succeed him.
-1907-1908-
Auditor .
.. James Buchan
CATTLE ROUND UP ON ELM CREEK, HYDE COUNTY.
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
Register of Deeds J. H. Pilkington
County Judge D. A. W. Perkins
Treasurer
L. M. Hanson
Sheriff .. S. R. Meigs
Sup't of Schools W. N. Van Camp
State's Attorney . Eli Johnson
Surveyor.
. C. R. Buller
Coroner . H. H. Stoner
Clerk of Courts R. B. Rockwell Assessor Even O. Evenson Commissioners .. Reuben Ellerton, H. C. Harris, W. J. Hannah, Charles Olson, John Zemlicka. Sheriff S. R. Meigs died in February, 1908, and Arthur Lee was appointed to fill out his term.
RESIDENCE OF JOHN SARVIS, HYDE COUNTY.
CHAPTER V
THE COURTS
At a meeting of the County Board Sept. 8, 1884, a resolution was passed, providing for a petition, to be presented to the Hon. Seward Smith, then judge of the 5th Judicial District, asking him to create a new sub-division of the district to be composed of Hyde county, named Highmore as the place for holding court and to pro- vide for a term by judicial order.
The petition was drawn on behalf of the county commissioners and duly presented to Judge Smith, who then issued the following order.
Territory of Dakota SS Fifth Judicial District
By the authority invested in me by law, I, Seward Smith, an Associate Justice of the Supreme Court of the Territory of Dakota and sole presiding judge of the District Court of said Fifth Judicial District, do hereby detach the County of Hyde in said Judicial Dis- trict from the County of Hughes and other counties, together with which it and they have heretofore constituted one judicial sub-di- vision, and it is hereby ordered that the said County of Hyde shall of and by itself alone, be and constitute a separate and complete judicial sub-division and a term of the District Court is hereby ap- pointed to be held at the Court House at the county seat of said Hyde County at such time as shall hereafter be designated by law or by the Judge of this Fifth District.
Dated at Pierre, Hughes County. Dakota, this 3rd day of Feb- ruary, 1885.
Seward Smith,
Judge.
There seems to be no record of any order fixing a time for the
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
first term of court in Hyde County, but such order must have been made, as court was convened at Highmore, Sept. 15, 1885.
At a meeting of the County Board held Sept. 8, 1885, R. E. Murphy was appointed as committeeman to procure a room in which to hold court. He later reported that he had rented the First Methodist church building at a rental of four dollars a day. Court was not held there however, but was held in the upper room of the
building now owned by H. C. Harris and occupied by him as a drug store.
Probably upon reflection the church officers may have regard- ed it as rather sacreligious to tuin their building over to law- yers and litigants whose performn- ances are sometimes on the "show" order. Court convened, however, on the 15th day of September, 1885, in the Harris building and this was the first term of the District Court in Hyde County. Judge Seward Smith presided, Chas. H. Price L. E. GAFFEY was County Attorney, James H. Lynch, sheriff; and E. S. Martin, Clerk. The bailiffs were R. E. Murphy, C. E. Lynch, A. A. Dibble, E. C. Musser and W. W. Mccullough. Upon motion of L. E. Whitcher; G. L. F. Robinson, Homer James and D. A. W. Perkins were admitted to practice, upon certificates from other states. J. L. Ayers then moved the court that Titus E. Price, John Suther- land, M. G. Sinon and John T. Blakemore be admitted to practice upon examination. The court appointed J. L. Ayers, A. N. Van Camp and D. A. W. Perkins as examining committee, who per-
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
formed their duty and reported that the applicants named were worthy and well qualified; they were then admitted, the clerk ad- ministered the oath.
The calendar was quite a large one for a new county, there being thirty-nine civil cases and five criminal. There was a grand jury at this term, but there seems to be no record of only four of its members. They were Matthias Shoup, David Moore, A. W. Sanderlin and J. R. Middle- baugh. The following were the first jury in the county to hear and determine the first case tried in District court: Howard C. Shober, W. N. Sarvis, Peter O'Brien, J. S. Harris, N. H. Palmer, H. A. Schultz. F. A. Goudy, Edward Ryder, Marvin Cal- kins, Geo. H. Gould, Albert Jessup and John C. Stoner. Other jurors summoned and in attendance were D. L, Cadwalader, N. F. Bates, J. H. Van Camp, S. A. Dimmick, E. J. Quinn and L. E. WHITCHER Win. Little.
Among the witnesses in attendance were John Newell, W. C. Wooley, C. S. Smith, Eli Johnson, J. C. Canode and S. R. Meigs. The first civil case tried was that of Sarah E. Downey vs A. E. Van ( amp involving some question as to Highmore town lots. The at- torneys were L. E. Whitcher and J. B. Kelley for plaintiff and C. H. Price and D. A. W. Perkins for defendant. The next civil case tried was J. C. Stewart vs. A. H. Hayden, in which case the jurors were unable to agree. These were the only civil cases tried to a
.
RESIDENCE OF L. E. WHITCHER, HIGHMORE, S. D.
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
jury during the term. The only criminal case tried was The Terri- tory vs Alexander Mitchell. The attorneys were C. H. Price and D. A. W. Perkins for the prosecution and A. N. Van Camp and John T. Blackemore for defendant. . The jury found the defendant not guilty. Other cases on the calendar were disposed of by de- murrer, dismissal or reference. The entire cost of the term to the county for court room, bailiffs, stenographer, jurors, witnesses be-
fore the grand jury, and clerk of court was about eight hundred dollars.
We do not care to continue the court record. We desired only as a matter of early history to mention our first term. We will add, however, that the next term following the first one was held in October, 1886. No court was held in 1887, but there was a term in Oct. 1888, and then the next term was not until December, 1891. Since then we have had ty court each year and now have two terms in the spring and fall, under a law passed by the legis- M. C. CUNNINGHAM lature of 1907 introduced by our 1.ember, John H. Wooley. Of the Judges who have held court in Hyde County, Seward S nith was the first, who was appointed by President Arthur, we then being under a Territorial form of govern-
inent. Following Mr. Sm th, Louis K. Cl.u ch, who was appointed by President Cleveland, held court in 1886. He retired from the bench and was succeeded by James F. Spencer, who was also appointed by President Cleveland and was the last one of our Territorial Judges. Judge H. G. Fuller was the first elected judge after the
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
state government of South Dakota, and the name of the court was then changed from District to Circuit court. Judge Fuller held his first ter ... in December, 1890. Having been elected on the Supreme Court bench, he held his last term of court in Hyde County in De- cember, 1893. He was succeeded by Judge Loren E. Gaffv, who in 1906 was followed by Lyman T. Boucher, who is onr present Circuit Judge. The local attorneys now residing in Hyde County in active practice are A. N. Van Camp, L. E. Whitcher, M. C. Cunningham, M. Harry O'Brien, C. E. Noel, L. M. Morris, Royal C. Johnson, Eli Johnson and D). A. W. Perk- ins, though Mr. Perkins and Mr. Johnson have about retired from practice. Of the attorneys in former years, Charles H. Price died in Indiana, G. L. F. Robin- son at Higimore, M. G. Sinon at Pierre; Titus E. Price is a prom- inent lawyer at Yankton, E. S. Martin resides at Superior, Wis- consin, John T. Blakemore at Birmingham, Alabama.
M. HARRY O'BRIEN
The courts and lawyers are quite a part of governmental machinery, and while the law is regarded as a science, something which adjusts upon principle and precedent, the jarring elements of society, yet it is often used by some in attempting to perpetrate an. injustice. A client who consults a lawyer, does not always want to know so much what the law is, but how it can be used for his par- ticular benefit.
While law has been defined by one eminent writer as a rule of action, given by the majority which the minority are bound to obey,
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
still, a student in process of examination for admission to the bar, upon being asked what the law was, stated, it was that which was boldly asserted, and most plausibly maintained.
Lawyers as a class are broad in their make-up, and are free from personal bickerings. Of course there occasionally drifts into the profession sone insignificant shyster, who breathes not the at- mosphere of fello vship, nor knows the significance of professional ethics, but the rule is, that they are fraternaliy engaged in the analysis of a science, whose prin- ciples they apply to the contro- versies of men, for the settlement and adjustment of their differ- ence.
Lawsuits sometimes disclose some peculiar phases of human nature. Along in 1885 the coal station of the Northw stern rail- road was continually robbed of its contents by some parties un- known to the company. Mr. Perkins was then County Attor- ney and was appealed to by the company to prosecute, and the ELI JOHNSON County Attorney notified them that he would not act as a detective, but was ready and willing to act if the criminal was named and the evidence furnished. Soon the name of a party was furnished, along with the required evidence to convict. Complaint was filed before Justice Stoner, the warrant was issued and the party arrested. At the trial he plead not guilty, and his attorney, J. T. Haight, called for a jury which was soon em- panelled. The evidence consisted of the testimony of several eye witnesses to the theft, which was produced, and the state rested its
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
case The county attorney then asked Mr. Haight if he had any testimony, who replied that he had one witness, and then called the defendant himself. Mr. Haight asked him one question, "Did you steal that coal as charged in the information?" The answer was, "I did," and then the sagacious lawyer for defendant with the air of a conqueror, turned the witness over to the County Attorney, but the attorney, having no questions to ask, the defense rested. The jury were out long enough to take one ballot, and returned a verdict of "not guilty." This verdict be- ing somewhat surprising, the pre- sumption was that the jurors themselves had all been in the same kind of coal business, but as there were a few of them good men and true above suspicion, it was afterwards stated by some of them, that when defendant swore that he had stolen the coal they did not believe him, for he was such a notorious liar it was im- possible for him to tell the truth, L. M. MORRIS that he would lie on time when he could get cash for the truth.
A replevin suit was brought in Justice Court in which the plaintiff sought to recover from the de- fendant one mirror, one cigar case, one hog trough and a refrigera- tor. The plaintiff kept a hotel here and the defendant had the re- putation of running a "bind pig" liquor joint. After the evidence was in the jury retired for deliberation, and after being out an hour or two it was found there was prospect of disagreement. We do not know who all the jurymen were, but among them were Harry Pilk- ington and John Wooley. These two had made arrangements to
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
go to Miller on the afternoon train along with some others of our people and it was imperative that they should go. The train was about due and what wasto be done? The Justice would not dis- charge them, nor adjourn the deliberations for another day, nor could they agree. Then jurymen Pilkington and Wooley got their heads together and finally said to the rest of them, boys we have to go to Miller, let us do this; give the defendant the hog trough and
RESIDENCE SE
FINE RESIDENCE OF THE LATE S. R. MEIGS, HIGHMORE, S. D.
the refrigerator, for he needs them in his business; give the mirror and the cigar case to the woman for she needs them in her business, and then divide the costs between them. The other jurymen in sympathy with these restless two said it was a go, and the verdict was written accordingly. Just then the train whistled, the verdict was rushed in before the justice, and the jury discharged. The jus- tice, who has the reputation of having a good knowledge of the law and of being fair minded, come to the conclusion after the two jury-
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
men had gone, that the verdict was an irregular one, but the par- ties to the case settled any question as to that by each taking the property awarded to them, and each paying his share of the costs, so that after all the jurymen were satisfied they had arrived at a solution of the differences between the litigants, though done in a hurry and to accommodate two of their number.
Along in the summer of 1887 one Sander Olson was arrested by Sheriff S. R. Meigs upon the charge of murder. He lived with his family in Chapelle township and while in Highmore purchased at the drug store a bottle of whiskey with strychnine mixed in it. He took the bottle home, laid it away in his trunk, locked the trunk, and this was known to his wife, who was in the habit of going to the trunk and taking a drink of it, of which her husband was aware. After Olson had placed the strychnine whiskey in his trunk and had gone to bed, S. R. MEIGS Mrs. Olson got the key out of his pants pocket, unlocked the trunk drank the poisoned whiskey and died before morning. The charge of murder was based upon these facts and the prosecution contend- ed that the poison was put in the whiskey, he knowing that his wife would pursue her usual custom of taking a drink from the bottle,
A preliminary hearing was had upon the charge of murder be- fore Justice Stoner, A. N. Van Camp, then County Attorney, ap- pearing for the state, and D. A. W. Perkins for the defendant, Olson. After hearing the testimony the Justice bound the defend- ant over to the Circuit Court for trial. Now follows the tragic
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
ending of the case. On the day following the hearing the defend- ant, Olson, desiring to pay his attorney a retainer in the case and having no money, requested the sheriff and Mr. Perkins to go with him to his farm and have the sheriff pick out a few head of his stock of the value of one hundred dollars. This was done and the at- torney took charge of four of the critters as a retainer. That night Olson was left as usual in the jail cell and the sheriff went to his home. In the morning, Mr. Meigs went as usual to the jail with the prisoner's breakfast, but he was horrified upon his first glance to see poor, unfortunate Olson hanging by the neck, dead. He had torn the blanket into strips, made a rope, placed it around his neck, fastened it to the ceiling, and done the deed. There was not a certainty that Olson was really a murderer, though the evidence which was circumstantial, pointed that way, and was no doubt sufficient to justify the Justice in binding him over. In this connection G. W. McLAUGHLIN there has followed strange hap- penings. When Harry Pilkington was deputy sheriff under Mr. Tibbs he placed a prisoner in the cell for keeping. After a night's stay there he told Mr. Pilkington that during the night he heard most unearthly noises, and had seen white rats scampering about the floor, and these things kept on every night during his incarcera- tion. After that Mr. Pilkington placed in the cell the fellow O'Brien, who broke into McLaughlin's store, and O'Brien made the same complaint as the former prisoner, and we understand that
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
others since have heard the same noises. The officer does not and should not tell a prisoner of the hanging, as one of a sensative nature would suffer almost death itself there confined, and these noises in connection with the hanging we leave to the psychologist.
In the eighties the bar of Hyde county was quite extensive, for there were twelve lawyers, four of whom are still here If a book could be written giving in detail the numerous and various law cases and their incidents which arose during that time it would be worth the reading. G. L. F. Robinson was Justice of the Peace during most of that period, and it is a wonder that the old gen- ileman held out so long as he did, when we consider the num- ber of refractory and combative awyers who practiced before his court, with their multiplicity of pleadings and worst of all, as Whittier has it, their endless tongues. Sometimes a law book would be shied across the room from one to the other, and a fel- A. N. GERHART lows head was in more danger than at the Donybrook fair. Once over some mysterious act on the part of the lawyers or the audience Justice Robi son cleared the room, turned out the whole push and dismissed both sides of the case, leaving the litigants and the lawyers to fight it out among themselves. But after all most of the lawyers were proficient in their profession and were good fel- lows, but the litigation was apt to be over some petty and frivolous inatter.
Lawyer Whitcher in a case not long ago before the land depart-
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
ment at Washington was confronted with the question as to wheth- er he had the authority to be a practitioner there. The Commis- sioner wrote to the client that there was no record of Mr. Whitcher's admission, and that in order to go on with the matter an admitted attorney must conduct the case. This required Mr. Whitcher to take a hand in it himself. He prepared and sent to the department a voluminous statement and injected into it considerable matter in his own peculiar fashion along the line of wit and rebuke and now and then an anecdote for the purpose of illustration. He wound up with copies of certificates, several of them showing his admission to the South Da- kota bar before Judge Ed- gerton in November, 1882, his admission afterwards be- fore the State Supreme Court, before the Court of Claims, the United States Supreme Court, the United States Circuit Court, and last a certificate of practice MRS. O. L. WHITCHER before the land department issued to him in 1884. When these evidences of his right to prac- tice there reached the Commissioner he lost no time in giving im- mediate recognition to one of our pioneer lawyers as a practitioner in his department and was surprised after his name had ap- peared on the papers of hundreds of cases and for many years that at this late day it had been said he must be admitted in order to go on with the case.
We will now mention more particularly the individual mem-
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
bers of the Highmore bar.
ANDREW N. VAN CAMP
Mr. Van Camp was born on his father's farm in Muscatine county, Iowa, Dec 18, 1850, and remained there doing a farm boy's work and attending the district school until he entered upon a more advanced system of studies with a view to the legal profession. He later entered the Iowa State University, and graduated from the law department in June, 1871, and at once settled at Wilton Junction, Iowa, first forming a partnership with- D. A. W. Perkins, which continued until Mr. Perkins moved to O'Brien county, Iowa, in 1872. In tie spring of 1882 Mr. Van Camp had some business at Northwest- ern Iowa, and upon the train met Mrs. Lucinda Robinson, who was on her way to Hyde county and his conversation with Mrs. Rob- inson led him to believe that her place of destination was worth looking into, and accordingly he L. M. HANSON gathered ten of his friends to- gether, and they landed here on June Ist, 1882. Several of the party remained, among them his brothers, A. E. and Harry, also James Ingram. Mr. Van Camp re- mained here during the summer, and in the fall returned to Wilton Junction, and closed up his business, and came : permanently to Hyde county in the spring of 1883 and has remained ever since. He became a lawyer in Iowa and tried cases there before he was twenty-one years of age, but however inefficient he may have been then Ly lack of experience, he has made good in the years that
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
followed. Mr. Van Camp has a large business, is quite aggressive as a trial lawyer and is generally sure to have the last word. He has been quite a student and has acquired a good knowledge of the law, and has a good library. He has recently erected a large, fine brick building in Highmore, which we show on another page, in which is his residence, his law office, and also the telephone office of which line he is the manager. Mr. Van Camp was one of the organizers of our Methodist church, and has always been an active member, and in the dark days of its existence has been the main prop, He is also a mem- ber of the A. O. U. W. and of the Masonic lodge.
LEWIS E. WHITCHER
Lewis E. Whitcher, along with A. N. Van Camp and Mr. Perk- ins, is a pioneer lawyer, that is, he came to Hyde county in 1832 the same year the other two came, though later in the season Mr. Whitcher studied law in New Hampshire, principally in the office of Austin E. Pike, who was a lawyer eminent in his profes- . sion and who for a time was a FRANK DREW United States Senator. After a few years study, Mr. Whitcher, feeling that he was qualified for practice, came west and landed in South Dakota, and for awhile was in the office of Governor Ordway as Yankton, came to Hyde county in the fall of 1882, and was admitted to the bar before Judge Edgerton in November, 1882. He has a good practice and every terin of court has a large list of cases on the calendar, is vigorons in his prosecution of cases and persistent when he defends. Mr.
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
Whitcher is City Attorney and has been for several years and has taken strong ground in favor of city cleanliness, and of good order.
MATTHEW C. CUNNINGHAM
Matthew C. Cunningham was born in Black Hawk county, Iowa, about forty years ago. After being well fitted by an academ- ic education he commenced the study of law and was graduated from the Iowa University of Law at Iowa City in the state of Iowa in 1896. He opened a law office at Highmore in 1900 and has established a large practice. He is a man of quiet demeanor, all methods of bluffing or brow beating are entirely foreign to his nat- ure yet he is firm and stubborn in his position when once taken. He is a hard student, always poring over his books and papers and when he has a case he knows all about it.
CHARLES E. NOEL
Mr. Noel was born in New Sharon, Ohio, in 1876. He came to Iowa some years later, enter- ed Penn College at Oskaloosa, Iowa, and graduated from that institution. He then took up Emma Hirsch and Mis. Mary Hirsch-Hanson the study of law and was grad- uated from the State University at Iowa City, Iowa, in 1906, was admitted to the bar in Iowa, and in South Dakota in 1906; that same year opened a law office in High- more. Along with his law practice he has established an abstract office. Mr. Noel has a good share of the legal business of the coun- ty, as a trial lawyer looks well after the interest of his client, and has a good knowledge of the law.
L. M. MORRIS
Mr. Morris graduated from the law department of the Iowa
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HISTORY OF HYDE COUNTY, SOUTH DAKOTA
State University, practiced law in Iowa and came here in 1896, and has been associated with Mr. Noel in the law business, also doing abstract work. He is a brilliant lawyer and good before a jurv.
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