USA > South Dakota > Minnehaha County > History of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources Synopsis of public records, biographical sketches > Part 10
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HISTORY OF MINNEHAHA COUNTY.
two occasions the motion was granted and Bowman held for trial at the next term of court. There was no demurrer to the indictment, and in such cases the code provides that only two objections can be taken under a motion in arrest, viz., to the jurisdiction of the court, and that the indictment does not state a public offense. The court in this case had jurisdiction, and the indictment charged murder. The learned judge before whom the case was tried was greatly perplexed with the problem, but finally concluded to grant the motion declining to sentence Bowman for manslaughter for which he was tried under the charge of the court. This case was very ably defended by Winsor & Kittredge, and Captain W. H. Stoddard with equal ability assisted the state's attorney in the prosecution. At the next term of court this case was continued, for the reason that a witness residing in Minnesota refused to come and testify for the prosecution. At the next term of court the case was dismissed, as the same witness declared that she would never again give her evi- dence in the trial of this case, and as without her testimony the defendant could not be convicted, and the State being precluded from taking her deposition, the prosecution had to be abandoned. There were twelve civil causes tried to a jury, but as a whole they were devoid of public interest. The case of Peter Carlson vs the Sioux Falls Water Company was successfully tried by the plaintiff. The suit was brought for personal injuries received by the plaintiff while in the employ of the defendant, by the "caving in of a ditch" in which he was at work. The plaintiff claimed $5,000 damages, and the jury found a verdict for him in that amount. There is a passage of scripture that in substance advises us to agree with our adver- saries before they get into a fighting attitude. In this case, after it had been continued over one term of court, the attorney who brought the suit offered to take $1,000 in settlement. It shows how careless he was, and how little he appreciated the injuries his client had received. The case was appealed to the supreme court and a new trial was granted, but the case was then dismissed by the plaintiff. Frank Chapin Langden was admitted to the bar.
Sixth term, November, 1892. Court convened November 15. Frank R. Aikens, judge; D. R. Bailey, state's attorney; John Sund- back, sheriff; Albion Thorne, clerk; E. P. White, stenographer. The grand jury found thirteen indictments and was discharged December 6. Five of the persons indicted plead guilty, and four of them were sent to the penitentiary and one sentenced to pay a fine.
One plead not guilty, was tried and found guilty, and sentenced to the penitentiary. There were nine civil cases tried to a jury. The case of D. L. Mckinney vs John Sundback, growing out of the McMillan failure in Sioux Falls a few years before was fought inch by inch and resulted in a disagreement of the jury. Winsor & Kit- tredge were attorneys for the plaintiff and McMartin and F. L. Boyce for the defendant. One or two other cases were contested "from start to finish " but were not of public interest, and the term taken as a whole, was a tame one. Webster C. Haight, George A. Jeffers. Henry A. Muller, Lyman P. Bayard and R. H. Warren were admitted to the bar. Court adjourned on the 21st day of December.
JUDGE JOSEPH W. JONES.
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HISTORY OF MINNEHAHA COUNTY.
Seventh term, 1893. Court convened April 25. Frank R. Aikens, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenographer. The grand jury found ten indictments, and was discharged May 12. There were six criminal cases tried -- four of them resulting in ver- dicts of guilty, one not guilty, one disagreement of the jury. There were eighteen civil cases tried to a jury, resulting in eleven verdicts for the plaintiffs and seven for defendants. There were no cases of public interest at this term of court. Harry B. Carleton was ad- mitted to the bar May 12, and F. R. Sidwell, May 31. These admis- sions were the last ones in the Minnehaha county circuit court before the law of 1893 went into effect, requiring all persons not previously admitted to the bar to obtain a certificate of good moral character from some court of record in the state, and to pass a satisfactory examination before the supreme court before a license would be granted to practice as an attorney and counselor at law. Court ad- journed May 31.
Eighth term, 1893. Court convened November 21. Frank R. Aikens, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenographer. Upon the grand jury being called, challenges were made to the array, by persons who had been held to appear at this term charged with crim- inal offenses. The challenges were based upon the fact that only 85 names, instead of 200 as required by law, were in the box at the time the jury was drawn. The challenge was sustained by the court and all the persons making the challenge were held in bail to appear at the April term, 1894. Three persons, charged with having com- mitted public offenses, waived all objections to the jury, and their cases were considered. November 23, the grand jury reported two indictments and "one bill not found" and were discharged. The court was adjourned on the same day until January 2, 1894, at 2 o'clock P. M.
January 2, 1894. The court again convened. Joseph W. Jones, who had been elected to succeed Judge Aikens in the second judicial circuit, appeared and the oath of office was administered to him by Judge Parliman. George M. Higby was appointed official stenog- rapher, and the real business of the November term of 1893 began. Twenty-two civil cases were tried to a jury, resulting in thirteen verdicts for the plaintiffs and nine for the defendants. One of the important trials at this term of court was that of State vs Dr. A. M. Fisher charged with manslaughter. It was a case of abortion. and the victim died on the 13th day of March, 1893. The following day, upon learning of her death, he took the first train out of the state. He was indicted at the April term. 1893, of the circuit court in Min- nehaha county, and was finally located at Doniphan, Missouri, brought back to Sioux Falls and committed to jail June 14, 1893. The writer, then state's attorney, assisted by Judge Aikens, ap- peared for the state and Judge John E. Carland for the defendant. 'The trial lasted four days and resulted in a disagreement of the jury. The case was again tried in the latter part of May, 1894, by the same attorneys, and lasted three days and again resulted in a disagree-
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ment of the jury, which at both trials had been about evenly divided. Soon after this trial Fisher obtained bail, after having been in jail for nearly a year, and at the next term of court the case was dis- missed. There was only one other criminal case tried at this term and resulted in a verdict of guilty. Court adjourned February 10. 1894.
Ninth term, 1894. Court convened April 24. Joseph W. Jones, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; George M. Higby and Miss Mary Strohecker, stenographers. The grand jury found nineteen indictments, and were discharged May 19. There were thirty-six jury trials, result- ing in twenty-four verdicts for the plaintiffs and ten for the defend- ants; in two cases the jury disagreed. Seven criminal cases were tried, resulting in five verdicts of guilty, one not guilty, and one disagreement of the jury. One of the persons found guilty was J. Westley Hartwick, who had become quite notorious in Sioux Falls and vicinity, having been charged with a good many petty offenses, and it was a relief to the community that he was given a home in the penitentiary for a while, at least. Court adjourned June 4.
Tenth term, 1894. Court convened November 20. Joseph W. Jones, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; George M. Higby, stenographer. At the opening of the court, sixteen criminals confined in jail were brought into court; no challenge being made, the grand jury were sworn and charged by the court as to their duties. Twenty-one in- dictments were found. Four persons plead guilty as charged in the indictment, and five cases were tried to a jury, resulting in three verdicts of guilty, one disagreement of the jury, and one verdict of not guilty. In addition to the trials of criminal cases from Minne- haha county, was the trial of the Rev. John T. C. Wilson, indicted for rape in Lincoln county and brought to Minnehaha county upon a change of venue. He had been tried once in Lincoln county and found guilty, and sentenced to fifteen years in the penitentiary. The supreme court granted him a new trial, which took place in Minne- haha county, as mentioned above. M. E. Rudolph, state's attorney of Lincoln county, appeared for the state, and O. S. Gifford and Judge Palmer for the defendant. The case was ably tried by the at- torneys on both sides, and the jury returned a verdict of not guilty. Twenty-five civil cases were tried to a jury, resulting in thirteen verdicts for the plaintiffs and ten for the defendants, and two disa- greements of the jury. Court adjourned January 25, 1895.
Eleventh term, 1895. Court convened April 23. Joseph W. Jones, judge; Peter J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; George M. Higby, stenographer. At this term of court sixteen indictments were found by the grand jury. Five criminal cases were tried to a jury, resulting in three convictions and two acquittals. Four persons plead guilty. Two indictments were quashed, owing to an informality in drawing the grand jury. One of the cases tried was against Mark Scott, pub- lisher of the Sioux Falls Journal, for criminal libel. This case was tried on both sides with great zeal and vigor, but the jury returned
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a verdict of guilty, and Scott was fined $100. Twenty-two civil cases were tried to a jury, resulting in eleven verdicts for the plaintiffs and ten for the defendants, and in one case the jury disagreed. The most important civil cases tried at this term were Kirby vs Howie, and Wm. Plankinton, assignee, vs M. Grigsby, the verdict in the last case being nearly $9,000. Two cases, in which the plaintiffs asked for damages against the City of Sioux Falls for changing the street grade in front of their property, were tried; in the case of W. P. Carr, there was a verdict for the city, and in the case of Frank Gillett the jury disagreed. The grand jury was discharged May 13, and court adjourned June 25.
Twelfth term, 1895. Court convened November 19. E. G. Smith, judge; Peter J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; George M. Higby, stenographer. Judge Smith presided at the trial of a few cases that could not be tried by Judge Jones. On the 2d day of December Judge Jones as- sumed the duties of judge. The grand jury reported to the court in twenty cases, finding seven indictments, and discharging thirteen persons who had been bound over and was discharged December 18. Two criminal cases were tried to a jury, resulting in convictions. Forty-three civil cases were tried to a jury. The court directed six verdicts for the plaintiffs and four for the defendants. Seventeen verdicts were returned for the plaintiffs and thirteen for the defend- ants, and the jury disagreed in three cases. The petit jury was dis- charged January 24, 1896. This was a business term of court, and more cases were tried than at any former term of courtin the county, and although there were some quite important trials to the litigants there was none of public interest. Court adjourned on the 8th day of February, 1896.
Thirteenth term, 1896. The first day of the term was Tuesday, April 28, but Judge Jones being necessarily absent, Clerk Carleton, under direction of the judge, adjourned court until three o'clock P. M., April 30, at which time court convened. J. W. Jones, judge; Peter J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; George M. Higby, stenographer. The legislature of 1895 abolished the grand jury, except when petitioned for and ordered by the court, and this was the first term of court without a grand jury in attendance. The state's attorney filed three inform- ations. One criminal and twenty civil cases were tried to a jury. The court directed one verdict for plaintiff, and three for defend- ants, and the jury returned nine verdicts for the plaintiffs and six for defendants and disagreed in one case. The criminal case re- sulted in a verdict of not guilty. The jury was discharged May 29, and the court adjourned June 12. 1896.
Fourteenth term, 1896. November 17th, the first day of the term, Judge Jones was absent, and the clerk adjourned the court until the 18th, and then until the 19th, for the same reason. On the 20th, Judge Jones returned, and the court convened on that day. The following officers of the court were present: P. J. Rogde, state's attorney; C. W. Hubbard, sheriff; H. B. Carleton, clerk; George M. Higby, stenographer. Twenty-one civil cases were tried
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to a jury. Eleven verdicts were returned for the plaintiffs, nine for the defendants, and in one case the jury disagreed. The case of A. S. Sherwood vs the City of Sioux Falls, for injuries received through a defective sidewalk, was tried at this term, and a verdict rendered for the plaintiff in the sum of $2,500. Joseph Kirby was fined $300 for contempt of court. Almost any other member of the Minnehaha county bar, if fined this amount, would have been compelled to board with the sheriff, for a time at least, but Joe drew his check and smiled as though nothing unusual had occurred. There were only a few criminal cases tried during the term. Two persons pleaded guilty to the charge of burglary and were sent to the penitentiary. The jury was discharged December 24, and the court adjourned Jan- uary 7, 1897.
Fifteenth term, 1897. Court convened April 27. J. W. Jones, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; G. M. Higby, stenographer. Owing to the fact that criminal charges of a peculiar character had been made against certain persons, State's Attorney Bates asked the court to order a grand jury to be summoned, which request the court complied with. The grand jury returned eight indictments, one of them being against the Rev. Richards of Dell Rapids. This case was continued, and the defendant afterwards left the state and a disgusting trial was avoided. The grand jury was discharged May 10. Two persons pleaded guilty to petit larceny and were fined $10 each. One person was found guilty of setting a prairie fire contrary to law, and fined $10. The only other criminal case tried was the State vs Wemple, who was charged with embezzlement. The jury found him not guilty. Every ex-states attorney of Minnehaha county will endorse the statement that it is impossible to convict a person of the crime of embezzlement in this county; the greater the embezzlement and clearer the proof on the part of the prosecution, the greater the number of jurymen who will vote for acquittal. Twenty-one civil cases were tried to a jury. Fifteen verdicts were rendered for the plaintiffs, and five for the defendants, and in one case the jury dis- agreed. The jury was discharged June 9, and the court adjourned June 24.
Special term. A special term was called July 12, for the purpose of considering the matter of the disbarment of Joe Kirby. The hearing occupied one day only, and the court ordered that he be sus- pended from the practice of law in all the courts of the state for the term of two years.
Sixteenth term, 1897. Court convened December 7. J. W. Jones, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; Walter J. Crisp, Jr., clerk: G. M. Higby, stenographer. There were twenty- five civil cases tried to a jury. Fourteen verdicts were rendered for the plaintiffs, and eleven verdicts for the defendants. This term of court is remarkable for the fact that two homicides occurred during the term, and the persons charged with committing the offenses were tried during the term. James Garrington was tried on the charge of murder of one Alfred Erickson, and the jury found him guilty and fixed the penalty of death; but the case was appealed to
JUDGE HOMER J. WHIPPLE.
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HISTORY OF MINNEHAHA COUNTY
the supreme court and a new trial granted. The other was the case of an affray between Gilbert Gilman and John McDonald, shortly after which affray McDonald suddenly expired. Gilman was tried for manslaughter, but the jury found him not guilty. A brief ac- count of both these cases will be found elsewhere in this work. The jury was discharged February 9, and the court adjourned Feb- ruary 14.
Seventeenth term, 1898. Court convened May 24. Joseph W. Jones, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; G. M. Higby, stenographer. Thirty-one civil cases were tried to a jury. Eighteen verdicts were rendered for the plaintiffs, and thirteen for the defendants. Six informations were filed by the state's attorney. One person was sent to the peniten- tiary, and two found not guilty. Since the grand jury has been dis- pensed with, the state's attorney finds it a delicate matter to deter- mine what to do with a great many of the cases where parties charged with criminal offenses have been held by justices of the peace to answer to informations which may be filed against them in the cir- cuit court. In most of the cases he has no opportunity of hearing the testimony against them, and it naturally follows that more ver- dicts of not guilty will be rendered in criminal cases than there would be if the cases were examined by a grand jury. The jury was excused June 27, subject to the call of the clerk of the court, and the court adjourned July 2.
Two terms of court have been held since the May term, 1898, but as the officers of the court were the same and nothing out of the usual routine transpired and no trials took place of public interest, except the retrial of James Garrington, we bring this chapter to a close with the statement that the legislature in 1899, authorized the county com- missioners to petition the court for the drawing of a grand jury, and that upon the petition of State's Attorney Bates the court ordered a grand jury for the May term, 1899.
PROBATE COURT.
Ole B. Iverson was the first probate judge in this county. He was elected treasurer and judge of probate in 1871, and qualified, but there is no record of any business done by him during his term of office. In 1872, H. J. Whipple was elected, and remained judge of probate until January, 1875. On the first page of the record appears a copy of the bond of W. R. McLaury as administrator of the estate of Julius Heubschman, dated July 12, 1873, although a little further on is the record of business having been transacted on the 5th of that month. C. K. Howard was probate judge in 1875-6. During the first five years after the probate court had been established, its business was merely nominal, the records down to June, 1876, occupying only twenty-five pages. This is readily accounted for by the scant popu- lation within its jurisdiction, the small number of deaths occurring,
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and the still smaller number of those dying who had enough prop- erty to administer upon. In 1877-8, C. W. McDonald held the office of probate judge, and he was succeeded by R. C. Hawkins, who re- tained the same from January 1, 1879, until January, 1890, when Edwin Parliman, who had been elected county judge with probate jurisdiction, took charge of the office, and by re-elections from time to time held the office until January 1, 1897. The first will probated was executed June 19, 1874, by Sylvia Herrick, and witnessed by WVm. Van Eps and T. H. Brown. She died June 25, 1874. Previous to 1890, there had been one hundred and fifty-eight estates and about seventy cases of guardianship considered by the probate court. Dur- ing the first five years of Judge Parliman's administration there were not less than four hundred and thirty estates and about one hundred cases of guardianship acted upon. The estate of Dr. J. L. Phillips, one of the pioneers of Sioux Falls, is the largest that has come under the jurisdiction of this court to settle, except a few estates of people who have died outside of the state having property in Minnehaha county requiring administration.
COUNTY COURT.
Sections nineteen, twenty and twenty-one of article five of the constitution of South Dakota read as follows:
SEC. 19. There shall be elected in each organized county, a county judge who shall be judge of the county court of said county, whose term of office shall be two years until otherwise provided by law.
SEC. 20. County courts shall be courts of record and shall have original jurisdiction in all matters of probate, guardianship and settlement of estates off deceased persons, and such other civil and criminal jurisdiction as may be conferred by law ; provided, that such courts shall not have jurisdiction in any case where the debt, damage, claim or value of property involved shall exceed one thousand dollars except in matters of probate, guardianship and the estates of deceased persons. Writs of error and appeal may be allowed from county to circuit courts, or to the su- preme court, in such cases and in such manner as may be prescribed by law; provided, that no appeal or writ of error shall be allowed to the circuit court from any judgment rendered upon an appeal from a justice of the peace or police magistrate for cities or towns.
SEC. 21. The county court shall not have jurisdiction in cases of felony, nor shall criminal cases therein be prosecuted by indictment; but they may have such jurisdiction in criminal matters, not of the grade of felony, as the legislature may prescribe, and the prosecutions there- in may be by information or otherwise as the legislature may provide.
The legislature at its first session in 1890, enacted a law which defined the jurisdiction of the county courts, provided for the prac- tice therein, and fixed the terms and salary of the judges.
This law provides that county judges be elected once in two years, at the general election; that the county courts have jurisdic- tion in all matters pertaining to the naturalization of citizens, the probate of wills, the administration and settlement of estates of de- ceased persons, the guardianship of minors, insane and incompetent persons, and the sale of real estate by executors, administrators and
JUDGE ROBERT C. HAWKINS.
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guardians; that they have concurrent jurisdiction with the circuit courts in cases wherein justices of the peace have jurisdiction, being limited in amount according to the population of the counties, as fol- lows; in counties of ten thousand the county courts have jurisdiction of cases involving not to exceed one thousand dollars, with a less population not to exceed five hundred dollars, and a concurrent jurisdiction with the circuit courts in all criminal offenses where the punishment is not imprisonment in the penitentiary, or death, or the judgment might be the removal from office.
This law also provides that for the transaction of other business than matters relating to probate jurisdiction, county courts shall hold two terms of court annually, namely, on the first Tuesdays of January and July, provided, that the terms of the circuit courts in the respective counties do not interfere, in which case the county judge may order a term of court to be held at any time within three months after the time fixed by law.
The legislature, in 1893, enacted a law that took away all juris- diction from the county courts in counties having a population of less than twenty thousand, except "exclusive original jurisdiction in all matters of probate, guardianship and settlement of estates of de- ceased persons." Minnehaha and Lawrence are the only counties in the state that have a population of twenty thousand, and conse- quently are the only counties in which these courts retain the juris- diction as conferred in the act of 1890.
Under the provisions of the constitution, Edwin Parliman was elected judge of the county court of Minnehaha county in November, 1889; Judge R. C. Hawkins was also a candidate. In 1890 Judge Parliman was re-elected and again in 1892 and 1894.
At the time fixed for the first term of the county court, the circuit court was in session, and Judge Parliman, on the 18th day of Aug:ist, 1890, ordered a general law term of the county court to be held September 23, and the jurors were drawn and summoned to serve at that time. On the 23d day of September, court convened. D. R. Bailey, district attorney; John Sundback, sheriff; W. D. Stites, clerk; E. P. White, stenographer. The first jury trial was that of John Johnson vs George Burnside, but the jury could not agree upon a verdict, and was discharged. U. S. G. Cherry was attorney for the plaintiff and Winsor & Kittredge for defendant. One other case was tried to the jury, that of George Proctor vs M. Grigsby, and verdict rendered for the plaintiff. The jury was dis- charged September 30. Some criminal business was done at this term of court, but nothing of importance. The court adjourned November 1, 1890.
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