Custer County, Nebraska - The whole text, 1901 (part 1 of 9)

Rolomon D. Butcher And Ephraim S. Pinch

To the Pioneers of Ciister (Jounlv, that uoble band of men and women who blazed a pathway into the wilderness, who battled against the elements and snbdued the forces of Nature in order that the blessings of civilization and enlightenment might be established in this portion of the Great American Desert, this work is respectfully dedicated.

Ii. Index

As yon tnrn tlie pages of this book and see the familiar landmarks of former years, yon will bepjin to appreciate the endeavors of the man who, for fifteen years, has labored against many difficulties, and is at last able to place in your hands a truthful history of pioneer life in Custer county. It will be doubly interesting to numy of you, because you have helped supply the mat<»rial from which it is made, while new arrivals will read with interest these anecdotes and reminiscences and short, thrilling stories of the founders of this county, their many tiials^ad hardships endured while braving the elements in the howling blizzards of winter, the scorching suns of the drought period and devastation by grasshoppers. All tend to nmke it a most remarkable book, and every (uu* will have the satisfaction of knowing he is reading truth and not following the wild imagination of the novelist.

W<» make no apology in placing this book before the public. We have tried honestly to get facts from every source possible. If we have failed to do so in some cases, it has been the fault of our infonnants and not intentional on our part. We submit it just as it is, and it must stand or fall on its merits as a historical production. We have in some cases used fictitious names, where we thought proper to do so. as it would not detract materially from the interest of the history. Th(* old pioneers will have no difficulty in following the career of noted characters as well under one name as another. While W(» must, as a true historian, chronicle Custer county's history, we do not care to give a nmn who may be trying to live honestly and atone for past misdeeds undue notoriety by disclosing his true name.

A\> thank those gentlemen who have kindly furnished us articles over their own signatures, besides the many pioneers who have furnished us manuscript to be boiled down and which is made the foundation on which our history rests. And last, but not least, we wish to thank the man who has come to our aid financially, when the clouds seemed to be blackest and most gloomy, and our book had again almost come to a standstill for want of means to push it to success. How glad it made our heart when Uncle Swain Finch said: ^*Butch, you have worked faithfully and deserve success, and if the people of Custer county want a history, by George, they shall have it/' May the name of E. B. Finch be handed down to generations yet unborn as a great philanthropist - one of God's noblemen - who just "growed'' like Topsy.

If, in looking over the pages of this book, you find a fuller description of some other portion of the county than of your own, pause before criticising the historian and ask if it is not your own fault that you are not more fully represented. If you have done any great deeds in Custer county which are worthy to go down in history, was it not your duty to have them recorded?

In conclusion, I wish also to express my obligations to George B. Mair, editor of the Callaway Courier, for valuable assistance rendered through his paper, and as editor and compiler of the manuscript, rough notes and sketches collected by me for this work.

S. D. Butcher Mrs. O. H. Carlos

In undertaking to write an article upon the early settlement and organization of Custer county. I realize my inability to do the matter justice; but as one of the eurlieat settlers, 1 may be able to say a word or two that will be of interest to tlie reader. Those who have grown to manhood and womanboud since the county was organized have but a faint idea of the hardships and trials flial were endured and overcome by those who blazed the way for others to follow and reap the benefit. The early settlers of Custer county had not only to battle against the hungry "wolf at the door," but they had to measure swords with the Indian and the cowboy as well. The early history of the i-ounty is a record of bloodshed and murder - so much so, in fact, that the term, "dark and bloody ground,'' applied to the state of Kentucky, would not be lea« jijiproprlate for Custer county.

This portion of the state, as js well known, abounds in nutritious grasses, is well watered wilh numerous streams, many of them fed by springs, making it a perfect paradise for cattlemen as a range for their vast herds. On a regular cow ranch voii never found anv women. Thev would alwavs have a man to do the cooking, and I must say that some of the ranch cooks understood their business and could get up a repast fit for a king - a cattle king at that. Ranchmen, like miners, coal diggers, etc.. were clannish to a degree, and while they were liberal and generous to a fault among themselves, if an outsider stepped in aud attempted to interfere in any of their matters a quietus was quickly put on him. As the saying is: they were always ready to fight for each other. Many laughable incidents would often occur, efspecially on the spring round-up, when all hands turned out with horses, grub wagon, blankets, and all the other appurtenances of ranch life, to be gone generally about six weeks, traveling ov(^r hundreds of mih*s of country and enjoying the freedom of a life on the plains. While there was any amount of hard work to do. yet the boys always found time f(»r having sport. Their failing was often a love for firewater, which they no doubt inherited from the aborigines who had preceded them as lords of the (hnnain. and consequently it was (piite natural that they should always be looking around for "a wee drap o' the crayther." In the spring of 1870. while camped at P»iirr Oak, a Mr. Wood came into camp with a load of provisions for a stage station on the Middle Loup river, about sixty miles above the mouth of the Dismal river. In those days they hauled everything from Kearney into that upper country along the old stage line to the Black Hills. During the night the boys concluded they would inspect the old man's load and s(»e what it contained, when they discovered a five gallon keg of whisky. They immediately confiscated the li<iuor and set 'em up to the whole round-up. The reader can easily guess the rest. Several of the boys took a day's lay off, the better to enjoy the spree, and everybody was happy.

Each outfit would have some man who was an expert in some particular line, and challenges would be passed from one to the other and much money put up as wagers. Tlie cowboys, as a general thing, were averse to hoarding money, and next to earning it, their chief concern was how and where to spend it. Yet these rough and big-hearted fellows were not all toughs. Many of them were men of education, refinement and high attainments in many lines. Some of them have since been able and useful members of the Legislature, while many others have become noted in other directions. Colonel Cody. Major North, Buck Taylor, John Shores and others I could nauie. who were cowpimchers at the time I write, have since attained national if not world-wide fame. Speaking of Major North reminds me that he had a sorrel horse that was a winner, especially when ridden by the major himself. lie said he could get more run out of the horse than any one else,' and when the horse was put up for a race the major always insisted upon riding it himself. He was an interesting character, always wore the old-fashioned leggings, like our grandfathers wore - a^ay above his knees - a broad-brimmed white hat, a hackamore on hxS horse in place of a bridle, and invariably carried a small Indian quirt. He was a noted Indian fighter and commanded the Pawnees in several of their campaigns against their hereditary enemies, the Sioux. Buffalo Bill was another character who has since become known the w^orld over. He was a liberal fellow, never cared to lay up money, said he always believed in keeping it in circulation, always carried plenty to drink and smoke, and quite frequently set 'em up to the round-up. One spring, seeing that he was going to run short of liquor, he sent his w^agon to North Platte to replenish the store. On the way to the Platte the team becoming tired out, the boys saw a pair of stray mnles not far distant, caught them and hitched them to the wagon. On their return they were met by Dan Haskell and Jim Harris, who pretended the mules belonged to them, and that they had been hunting for them. They represented that the mules had strayed away from their ranch near the Dismal, and let on they were very angry because the boys had caught them and were using them. They threatened to have the boys arrested for stealing the mules, and the young fellows, in order to placate Dan and Jim, and avoid further trouble, gave them all the whisky they could drink out of Buffalo Bill's keg, and supplied them with cigars enough to last them a week.

For vears in the '70's an old feud existed in Texas between the Olives and another outfit engaged in the ranging of cattle. This feud became hotter and hotter, until in the summer of 1876 it came to a head. While the Olives were branding and rounding up cattle the other outfit came up on them in the night while they were asleep on the ground near the ranch and opened fire on the Olives and their men with guns loaded with buckshot. The Olive outfit got their gims as (luickly as possible and stood the enemy a stiff fight in the darkness. The result was one of the Olive boys was killed and one of their men, named Butler, was severely wounded. The cattle were turned out of the corral and the ranch house set on fire. In 1877 the Olives moved their vast herds, consisting of about 15,000 head of cattle, to the Dismal river in Nebraska. They kept them there one winter and in 1878 opened up their South Loup ranch on a school section about four miles down the river from the present site of Callaway.

At the time of which I have been writing this was unorganized territory. Custer county had not yet come into existence, and Broken Bow, Callaway, Ansley and the other towns with which we are now so familiar, had not even been dreamed of. It was thought by the cattlemen that this country would never be settled up, but would forever remain a range for cattle. It may be proper to say here that property in the unorganized territory was asi^essed and taxed by the next county to the east of it. As the taxes collected were expended in the improvement of the county by which they were collected, the cattlemen of this territory concluded that it would be a good thing to have a big cattle county organized, so that they could get some benefit out of any taxes they might pay. and be better able to protect themselves against cattle thieves and other lawless men who infested the country. Several attempts had been made to organize a county out of this territory, an account of which will be found in other articles in this book, but it was not until the year 1877 that the present county was formed. In the legislature of 1877 the Hon. J. H. MacCoU of Plum Creek introduced the following bill, which was passed and received the signature of Governor Garber: An Act to Define the Boundaries of Custer County.

Section 1. That all that portion of the state of Nebraska commencing at the southeast corner of township thirteen «13k north of range seventeen il7), west of the sixth principal meridian, thence north to the northeast corner of township twenty i20», north of range seventeen (17i, west, thence west to the northwest comer of township twenty i20», north of range twenty-five west, thence south to the southwest corner of township thirteen (13), north of range twenty-five (25) west, thence east to place of beginning, shall constitute the county of Custer.

The WTiter does not know who is entitled to the distinction of naming the new county^ but it was named '^Custer" in honor of the gallant Indian fighter who perished with all his command at the memorable battle on the Little Big Horn the summer previous.

In May a petition was sent to Governor Garber, signed by most of the cattlemen of the county, asking for the api>ointment of temporary officers to complete the organization of the county, as follows:

We, the undersigned, inhabitants of Custer county, Nebraska, and taxfikjen therein, petition you to appoint and commission James Gasmann, Anton Abd and H. C. Stuckey as special county commissioners, and Frank EL Tonng as special county clerk of said county for the puri>ose of forming a permanent organisation for said county, and that yon will appoint and declare the southeast quarter of section 23, in township lo north, range 22 west, as the temporary county seat of said county, and for this we will ever pray.

The following letters and recommendations from prominent citizens of Da>yson county were forwarded with the petition to the goyj^rnor, and may be interesting as a part of this history:

Dear Sir - Soyeral of the citizens of Custer county haye been speaking to me about the organization of that county and desire me to write to you about the matter. There is quite a large amount of personal property owned by the citizens of that territory, and under the present status it is under the control of no one. One-half of the county is in this judicial district, and the other in the Sixth. "Mr, Young, a resident of that county, will call upon you for the purpose of seeing about the matter, and will explain the situation to you. I feel like accommodating them if it can be done. Please let me know the situation. Yours, etc., C. J. DILWORTH.

Sir - I am acquainted with a great many of the residents of Custer county and they all are verj- anxious to be in running order, and it would be a great

Dear Sir - Enclosed find lett(Ms from the county officers in regard to Custer county. Mr. MacColl is absent and will not be back for about two weeks; the other officers all signed the papers. I would like* to ^:ot the commission by return mail, if j>ossible. as I am in a hurry to get out to Custer county to look after my calves, as it is tinu^ to brand them. Hoping you will give this your early attention. I remain, yours respectfully,

Proclamation

Whereas, A large number of the citizens of the unorganized county of Custer have united in a petition asking that the said county be organized. and that James Gasmann, Anton Abel and H. C. Stuckey be appointed special county commissioners, and Frank H. Young be appointed special county clerk of said county, for the purpose of forming a permanent organization, and that the southeast quarter of section twenty three, in township fifteen north, range twenty-two west, be designated as the temporary county seat of said county of Custer, and it appearing that the said county contains a population of not less than two hundred inhabitants, and ten or more of said petitioners are tax payers and residents of said county:

Now, therefore, I, Silas Garber, governor of the state of Nebraska, in accordance with the memorial of said petitioners, and under and by the authority in me vested and in pur^^uance of the statute in such cases made and provided, do declare said county to be temporarily organized for the purpose of permanent organization, and do appoint and commission the persons above named as the special county commissioners, and the said person above aamed as special connt.T clerk of said county, and do declare the place above named and described as tbe temporary county seat of said county.

Done at Lincoln, the capital, this twenty-seventh day of June, in the year of our Lord one thousand eight hundred and seventy-seven, and of tbe inde- .pendence of the United States the one hundred and first, and of this state tlie eleventh. SILAS GARBER.

During the summer various meetings were held on the Soiitb Loup, and in November the following first officers of Custer county were elected: County commissioners, James Gassman, Anton Abel, William Kilgore; county judge, Wilson Hewitt; county treasurer, S. C. Stuckey; county clerk, Reginald Tucker; sheriff, Joshua Woods; coroner, Al Wise; surveyor, J. M. Benedict; county superintendent, E. D. Eubank. Through some irregularity in the returns the election of the county clerk was not considered l^al, and Frank H. Young, the temporary clerk, held over. At that time there were three voting places in the county, all of them beipg on the South Loup river. For several vears the cattlemen had everytliing tlieir own way. but with the influx of homesteaders the cattlemen were aoon outnumbered, and bv ISf^ft were represented by a minority on the board of comniissionere.

One of the interesting characters of this region at that time was Louis Wambsgan, one of the very earliest settlers, who located near where Oconto now stands. His house was the only stopping place for a number of years between Plum creek and the South Loup, aud there was hardly a night the year around but that two or three cowboys could not be found at "Louie's,'' as he was familiarly calh'd. He could always furnish sport for the bo.TS in some way, and his annual turkey shoots during the holidays became famous throughout this region. I have heard luauy a good story told under T^uie's hospitiible roof.

Frederick Schreyer was another interesting character. He was the first homesteader on the Soutli I.onp between Callaway and Arnold, He wa-; a very resolute Ucrman, about fifty years of age, and as eccentric as he was resolute. He constructed a dugout in which he imagined he would he si'cuie from the depredations of the festive cowboy. As we have said before, there was a natural antipathy between the cowboys and the settlers and the breach iKH-ame wider and wider as time passed by and the settlers In'came mure numerous. Armed encounters were fre^iuent and bloodshed was often the lesuli. Schreyer often had encounters with Ihe cowboys and at one time was wounded in two places. He thought be was going to die. and had Charles Itockwood draw up his will. He bad a ford near his house wliich he called his ford, and nobody was allowed to cross the river at that place if he could prevent it, without his consent. He also surrounded his house with a high sod wall which he called his fortifications. On the morning of April 1, 1878, J. D. Haskell and the writer put some tools in a wagon and went up the river to repair a corral. In going we crossed the river at Schreyer's ford. We saw nothing of him -at that time, but during the day he sent us word that if we attempted to cross there in coming back he would shoot us. When we arrived at the ford on the way back, and while watering our horses, we saw Schreyer and his son running toward the house with guns. As soon aa we got within range they raised up from behind their fortifications and began firing at us. We were unarmed, and thinking discretion the better part of valor, put the whip to our team and got out of the way. In our flight we had to pass pretty close to the house, and one of the shots tore the step from the side of the wagon. From that time on there was trouble. Young Schreyer was arrested on the Platte, but escaped and went to Lincoln, where he remained a month. He came back to Kearney, was again arrested and brought up into Custer county. He and his father were taken, handcuflPed. to Custer for preliminary examination, and were bound over to appear before the District Court. Not giving bonds, they were lodged in the Plum Creek jail. In July they were tried and sentenced to serve a term in jail by Judge Gaslin. They served out their time and got home the next winter.

The war between the homesteaders and the cattlemen continued for some years, but at last the large herds were compelled to remove farther west where free range was more plentiful and homesteaders scarce. After being in possession of this country for twelve years, they, like the Indian, were compelled to give it up to more advanced civilization. Stockmen who had traveled over the plains between here and Texas said this was the best country for ranging stock to be found anywhere in the United States. No wonder, then, that they made such a hard struggle to retain it. Where once roamed thousands of buffalo and afterwards thousands of cattle we now see the locomotive steaming along the valleys. The coimtry is now dotted over with beautiful farms and the ground that was once used for bedding down cattle in immense herds is now occupied by the village of Callaway.

Kelics of unusual interest have at different times been found in this country. In the summer of 1880, while riding on the Middle Loup, with others, we came to a bed of charred wood near where the Milburn bridge now crosses that stream. A number of beads wei*e scattered about, and upon closer examination we found among the coals the under jaw of a man, and also a silver medal two and a half inches in diameter with a hole in it. On one side was the bust of a man, with the name, **Pierre Choteau," under it.

And Short Skecthes Of Early Days In Nebraska

while on the other side were the words: "Upper Missouri Outfit/' Our supposition was that some Indian trader had been in that country trading beads and other trinkets to the Indians for furs, and that they had gotten into a quarrel and that the savages had killed and burned the trader.

In the early settlement of Custer county, there was but one occupation of sufficient importance to raise it to the dignity that would justify it being designated a business. This was the cattle industry. While the area of Custer county, then, as now, was 2,592 square miles, or larger than the state of Delaware, and more than twice the area of Rhode Island, still, this vast area was claimed by a few ranchmen who in a way occupied the greater part of it.

Texas was then the greatest breeding ground for cattle and horses in the United States, and probably in the world, but it was without means of transportation and the stockman was compelled to trail his cattle many hundred miles from there to the railroad.

The principal shipping point in Nebraska for the Panhandle territory was Ogalalla. The cattle were brought to this point by the thousands. There were probably at times as many as 100,000 cattle held on the ranges in the country surrounding Ogalalla, awaiting shipment and sale. Many cattle brought to the railroad from Texas were wintered in the adjacent territory because they could not be shipped or disposed of to advantage.

While holding cattle for these purposes the great advantages of Custer county as a stock country were discovered and soon became geu(*rally known. Not all the ranchmen locating in Custer county, however, came from the South and West. Some came from Iowa and farther east. But shortly after the discovery of its advantages as a grazing ground, Custer county, with its numerous, constant streams of pure water, its valleys of hay land and its hills of splendid grazing land, became the mecca of the cattleman. Prior to 1872 it was practically unoccupied.

In the winter of 1SG9 and 1870 one Captain Streeter for the first time wintered cattle in the territory now comprisinjr Custer county. He turned out in the fall on Ash creek, a short distance south of Broken Bow, 821 cattle, of which 385 were yearlings. They were all Texas cattle: the following: spring he rounded up 819, a loss of only two head.

In 1872, what was known as the Tucker ranch, E. J. Bohlitz. owner, where Tuckerville now is, 8tuckey's ranch, Childs B. Herrington's and Anton AbeVs ranches were h)cated in the eastern half of the ^^outh Ivoup valley. Shortly after this, below them on the South Ix)up river, were located the ranches of Williams & Kilgore and John Myers.

In 1872 John Harrington, a cattleman from Texas, located a ranch eight miles northwest of the point where Callaway is now located, and he turned out 2,000 head of cattle.

In 1876 Edward Hoi way aud J. D. Haskell occupied the same ranch formerly located by Harrington, and this ranch was afterwards sold to the Parker Live StcK*k Company of Illinois. The range claimed by those owning this ranch was the South lx)up valley from Triuuiph west to Cedar canon and the territory north adjoining.

The Parker Live Stock Company first came to the county in 1870 and located its headquarters at a point about two miles west of Callaway, and claimed as its range what is now known as Sand valley and the territory lying south and west thereof. This company began with 1,500 head of cattle. J. J. Donclas, afterwards clerk of the District Court of this county, was the manager.

In 1876 Durfee & Gasman located a ranch a short distance north of Callaway on the north side of the Loup at what is known as the Big Spring, on till* farm now owned by N. M. Morgan, and they began business with 3,000 !iUH^rs.

In 1878 Durfee & Gasman bought out the Paxton ranch and consolidated it with their ranch on the opposite side of the river. The range they claimed after the consolidation was the large valley about Callaway, the Wood River valley and the valley of the Cottonwood.

In the fall of 1877 or 1878, the famous Olives located their ranch six miles east of Callawav and turned out thereon 5,000 head of cattle and claimed as their range the Loup valley east from their ranch, Spring creek and Turner valley. They also, about the same time, located another ranch near the mouth of the Dismal river, in Blaine county, and claimed to have in all something like 15,000 head of cattle. It is probable they did not own the number of cattle claimed.

In 1878 Smith & Tee located on the north side of the Middle Loup river not far from the ranch of Ewing. They turned out about 800 head of cattle.

At this late date it is impossible to know, accurately, the number of cattle in Custer count}' in the summer of 1880, but there were probably very nearly 60,000 head of cattle, of the value of not less than |1,500,000.

Probably in the settlement of the United States no agricultural or grazing territory of a similar area witnessed such a rapid accumulation of wealth. Up to the winter of 1880-81 the profits from the business had exceeded the most sanguine expectation of the ranchman.

The winters were mild and pleasant, with plenty of moisture during the fiprings and summers. The buffalo grass upon the hills each year made a splendid growth. During the spring and summer the cattle did not gr* ^e uxK>n this grass, for there was plenty of blue-stem, grama and rye gras* in the valleys and lagoons. But with the advent of freezing weather the cattle at once went to the hills to feed upon the buffalo grass. No more valuable winter forage exists than buffalo grass properly cured. Cattle fed upon the best of wild hay will not be in better condition in the spring than those which have wintered upon buffalo grass. In the economy of nature this grass seems to have been created and brought forth especially for winter feed.

The thousands of buffalo that originally roamed this country and made it their winter home lived upon this grass during the winter, hence the name.

In those days there was a greater profit in buying young Texas steers and holding them than in raising calves. Yearling steers brought here from Texas could be bought at from $5 to Iffi pe^* head; two-year-old for f9; threeyear-old for |12 to |14; cows from flO to Jfl2.

No investment in real estate was necessarv. The cedar canons furnished material for houses, corrals and fuel. There was no expense for fencing, nor wells. The increase in value was nearly all profit. The only important items of expense in the business wore supplies for. and wages to, the cowboys. They received f35 to .^40 j)er month.

Prior to the winter of ISSO-Sl very little hay was prepared for winter use. The cattle wintered on the range where they summered. During the winter the cattle were permitted to roam wherever they felt inclined, and no attention was paid to them.

The work of handling the cattle began with the sj>ring round-up about the first of May, and closed with the last shipment of cattle to market in the fall, which was about the first of November.

The cowboys, after the long, idle winter, looked forward to the spring round-up with the same desire that the soldier, after months in the barracks, longs for active duty in the field and for battle.

As the time for beginning of the round-up drew nc^ar the cowboy would be found busily engaged in washing his clothing and blankets, his saddle and bridle were cleaned and oiled, bits, spurs and six-shooters were polished, and saddle ponies curried and given extra feed and attention.

A reputation for courage was a necessary requisite to good standing in cowboy society. He who could display the greatest recklessness, or assume the role of the greatest dare-devil, stood foremost and was the leader of that societv.

This desire for notoriety among his fellows led the cowboy into many serious difficulties and gave rise to the general opinion that he was without feeling or i^gard for the rights of others and naturally cruel. This opinion was erroneous. His recklessness and occasional cruelty were not the natural

And Short Sketches Of E,Vrly Davs In Nebraska

As a rule, the LOHbov was true to his friends, and with him it was a religious principle to stand by and never desert a friend in a "tight place."

In the general roundup in the spring, all cattlemen having cattle upon the territory to be covered took part. Sometimes as many as 100 men worked together. A captain was selected and he directed the men. Cook wagons were provided and these were kept convenient to the men at work on the range.

Each day cattle found were driven to ii point selected by the captain, where the calves were branded and the cattle of the different owners were "cut out" from the others and driven back to the range of the owner, and so work went on from week to week until all the territory where it was probable cattle of those engaged in the round-up could be found was covered.

After this roundup was completed each ranchman again covered his own range, branded the calves found there, and again later in the summer when the steers had become fat, the range was again gone over, and those in condition for the market cut out and driven to the railroad and shipped.

Probably no better idea of the dangers and hardships upon the range can be conveyed than by the reproduction here of a letter recently received by the writer from J. D. Haskell of Arnold, who, while now owning valuable ranches in Custer and adjoining counties, well stocked with cattle, in the early days wiiers thought that if they furnished a tent for their men to sleep in tbey would he slow to leave it on Btormy nights and get out and help hold the cattle. On tin- roimd-iip and on the trail the cattle had to be night-herd«'d every night.

The cattle that had been gathered were never left for a moment until they were back on the range of the ownei. Niijlii shifts weic necessary. The first shift rode aronnd the cattle until 11 o'clock, the second from 11 nnlil 2 o'clock, and the third from '2 o'cIo<k until after breakfast. These reliefs wonld have from one to four men. according to the size of the herd.

And Short Sketches Of Eably Days In Nebraska

'^Frequently it was cloudy and drizzly for three or four days at a time. The cowboys were compelled to make their beds on the wet ground, and very ' often a heavy rain would come on in the night and they would find themselves lying in a sheet of w\ater. In such cases there was nothing to do but get up and lean against the wagon or saddle horse until morning.

**With daylight work would begin and no opportunity offered through the day to drj^ clothing and bedding. When night came on again there was nothing to do but turn into wet blankets.

^'Frequently there was no time to eat breakfast. It always seemed strange to me that the men, compelled as they were to constantly endure this exposure, escaped contracting fatal diseases.

^*In 1877 three men and a cook were holding a band of 1,000 Texas steers on the Muddy where Broken Bow now stands. They had to night-herd the cattle every night. They saw only one man pass during the three months they were there. They received no mail and had nothing to read. As they were all young men who had been reared in the far east, they experienced a lonely time shut in from the outside world.

^'The last of September the owner sent a man to direct them to move the cattle to the ranch near where Callaway now is, that they might be taken from there to I*lum Creek and shipped to Chicago.

*'The first night after the start for the ranch they camped about seven miles west of where they had held the cattle. The early part of the night was beautiful. All the boys but the night herder had turned in and for the first time in three months were enjoying sleep under a roof.

"About 10 o'clock the man out with the cattle observed a black, angry cloud moving up from the north. He rode to the tent, called to the other men to hurry up and help hold the cattle.

'*They got up slowly, grumbling. However, as soon as they looked out and saw what a terrible storm was coming they rushed for their horses, but before thev could saddle and mount the storm had struck them.

'-In the meantime the watcher had hurried back to the cattle. He had almost reached the head of the herd when the storm broke. The darkness was intense. A terrible wind drove the rain in sheets. The entire herd jumped to their feet as one steer and started on a wild stampede before the storm. And oh, such a night!

"The instant the cattle started the boy was also gone like a shot along the side of the herd. For more than a mile he ran beside the herd, over chop hills, across canons, trying to get in the lead of the steers.

"The ronr of 4.000 hoof beats, minpK-d witli the toitHt.-iul crash of thunder, made it a race never to be forgotten. Tlie cattle could only be seen by the rider .it the flash of the lightning. whi<'h was so dii7.»ling as in almost blind his eyes.

"Gradually the pony gained niwn the leaders and the rider held him in them. They began to swerve from theii sfraiglu course before the storm. Gradnally he brimglit them to rnnniug in a circle, then as he closed in nearer the outside cattle the circle became smaller and smalled nntil they »vere at a standstill.

"The storm ended as suddenly as it began. Shortly his companions were there and the cattle were drivfn back to the lent and held until morning, when, on a count of the herd, it was found twenty-five were missing. These

And Short Sketches Of Early Days Ix Nebraska. 2T

The winter of 1880-81 vdW never be forgotten by those engaged in the cattle business in Custer county. Men who in the beginning of that winter were wealthy, found themselves bankrupt in the spring.

Early in the winter a rain began falling. The grass became thoroughly *5aturated; then it suddenly turned cold and every stalk, spear and blade of ^rass at once became an icicle - all matted together in one sheet of Bolid ice. Immediately following this came a heavy snow, from ten to twelve inches deep, which was again followed by another rain, and this in turn by another <?udden cold wave, the result of which was to cover the surface of the snow with a thick, strong crust.

The country was covered with this ice and snow until spring. The winter was very severe, the temperature ranging for days and weeks at from ten to twenty below zero. The conditions were such that it was almost impossible for the cattle to get to tlie grass. The winds which ordinarily blew the snow off the hills and left the grass thereon free to the cattle could not affect this solid body of ice and snow.

The legs of the cattle traveling about in a famished condition seeking food soon became bruised and bleeding from contact with the sharp crust on the snow.

There was plenty of feed on the ground, but the cattle could not get at iv They died by the hundreds and thousands. It was estimated that from seventy-five to ninety per cent, of the cows and calves on the range perished that winter and sixty per cent, of the steers also perished. They lay in piles behind the hills whei^e they had sought shelter.

The following spring many who had engaged in the business in Custer county, and who until this winter had believed there was no grazing country equal to it. quit the business in disgust and left the county.

The winter of 1880-81 marked the termination of extraordinary profits in the cattle industry of Custer county. Already farmers had begun to immigrate to the county and select for their homes the level and more fertile portions. This immigration soon became a great stream and by 1882 all those parts of the county most suitable for agriculture had been taken. Free range was at an end. The few ranchmen remaining after the winter of 1880-81 were in a constant struggle with the homesteader. The latter's crops were

A very bittpp feeling existed between those engaged in the two occupations; neither was fair nor just with the other. The weaker was compelled to give way to the stronger. There were a hundred homesteaders to every ranchman. A few of the more courageous cattlemen made a struggle to hold their ranges. They fenced in large tracts of territory, constnicted wells in these pastures and the cowboys in their employ made homestead, pre-emption and timber-culture entries therein under the government land laws.

Frame shacks or shanties were constructed, called by the cowboys in their applications and final ])roof, houses. These were in many instances upon runners or whcH^ls and were moved from claim to claim. The same shanty ofttimes answered the pui*pose of a house in making final proof for three or four cowboys upon as many different claims.

But all this was of no avail to the ranchman. The homesteader made entries within his pasture*. H«» contested and had cancelled the entries of the cowbovs. He cut and destroved the fences.

Bloodshed and murder were in many instances the result. In the courts the ranchman had but little hope of success. In his controversy with the h< mesteader he must try his case to a jury of homesteaders.

As the ranchnuin and the Texas steer in the '60's and early 70's had diiven out the Indian and the buffalo, so now in the the ranchman and the steer were compelled to give way to the farmer and the horse.

It is not infrecpient, even at this time, to hear expressions of regret that the free range has been converted into farms. Those who express these regrets do so without reflection.

\t this time over 20,000 prosperous peoi>le make their home in Custer couniy. The very gi-eat majority of these own the land whereon they live. They are fairly prosperous, and the whole population, in comparison with that of the East, whei-e half the farmers, or more, are renters, may be said to be very prosperous.

Trains of cars upon the different railroads into or through the county have taken the place of the freight wagons of the original homesteader. Churches and school houses now occupy the sites where formerly were pitched the wigwam of the Indian and the tent of the cow-puncher.

The cattle industry in Custer county is again becoming important, though conducted upon a different plan from the original one. The farmer to-day produces grain in the valley and more fertile portions of the county and ranges^ tliioup:li the sinnmor and fall, his cattle upon the hills adjoining him Y»liich he owns. There are no jrreat herds, but probably as many cattle in the county now as there were immediately prior to the winter of 1880-81, and of a very much superior quality.

The cattle industry to-day is not so profitable as then, because more expensive, but can'ied on in connection with farminj?, it is still a profitable business.

Let the reader turn back to September, 1837, to a farm house in Richland county, Ohio, and he will find everything in confusion and bustle. A covered wagon is standing at the door, and the process of packing up household goods and storing them in the wagon tells the whole story. These people are preparing to leave the old home to push westward towards the setting sun, to secure a home across the big river in the Black Hawk territory, now the state of Iowa. It is a touching scene to behold, as the children pack away in the wagon such little keepsakes as they can carry with them, and imbedding childish tears over those that are too bulky for the limited room they have and which must be left behind. Tlie older members of the family are visiting familiar spots where many hours of childish pleasure have been spent, and bidding good-bye to companions whom, in all probability, they will never meet again, while little Swain, a chubby fellow of eighteen months, laughs - yes, laughs, at this early age the hero of our story laughs and crows, and sticks his fat little fists into his mouth, wondering what all this fuss is about anyway, except occasionally when he gets the colic (and he was subject to these spells when a little shaver.) Then the process of packing had to be discontinued and every member of the family was called -upon to do some thing to relieve the little fellow's suffering and to direct his attention from himself. Jacob, David and Thomas would beat on the bottom of the dish pan or boiler, with sticks, in an attempt to make more noise than the baby, and little Ruth and Elizabeth would clap their hands and dance, while father carried him, singing: **Bye, Oh Baby Bunting," and mother administered catnip tea and watched father to see that he carried the baby right side up until he became quiet once more. And the mild-eyed oxen stand patiently waiting for the last piece of furniture to be packed preparatory to starting upon their long journey of several hundred miles. This man's name is John

Finch and his wife's name is Comfort. And she has indeed proven to be a comfort to John, and is destined to still further prove her title to the name in the years of toil and hardship that are before them in their pioneer home. We pass over a period of several weeks and ask our reader to go with us to that then far oflf and almost unknown land, '*beyond the Mississippi," to a point about thirty miles west of the present city of Davenport, in (Vdar i-ounty. Iowa, on Suj^ar creek, in the heart of a howling wilderness. We here ftnd our pioneer and his family. They have gone into camp and the male portion are busily engaged in cutting down trees and hewing the logs for a cabin. The country is very sparsely settled, and for weeks the Finchs do not see the face of a human being outsidf* of the family, except occasionally that of some roving red man who drops in on them to beg whatever he can, and steal what he cannot procure by begging, if opportunity otters. Everything goes on merrily and while this is a great change from the eastern home, yet the mother bravely bt^ars her share of the burden of building the new home in the wilderness. She may sigh in secret when she thinks of the manv little conveniences left behind with civilization, but she is alwavs ready with a quiet smile of welcome when the husband comes in from a hard day's work, and attends to the many little wants of her children with a cheerful earnestness that leaves her little time for repining. Tlie cabin is soon finished and John has secured a job of carpenter work a few miles away from a man who has a big scheme for building a county seat and is having a store put up. As John hammers away he is thinking of the home comforts that the money for his work will bring, and that soon they can have some meat and potatoes to store away for the winter, which is fast approaching, and to renew the supply of cornmeal which he knows is almost exhausted. He will have f90 earned to-night, and to-morrow he must ask his employer for some money and let one of the boys take tlu* oxen and go to Neighbor Flint's, buy their winter supply of corn and take some of it to mill, as he has heard that Mr. Flint had quite a lot of corn to sell, being the only man in that part of the country who had raised a surplus, and who was making a fortune by selling it for fl.25 a bushel. The following morning when John Finch appeared ready for the day's work In* found the building closed and a notice that work would be suspended for ihi* pres(*nt. He learned from jmrties on the premises that the proprietor had "gone broke" and left for parts unknown the night before, leaving the workmen without a nickel for their wages. Here was a '*go" sure enough. John had spent his last cent a week before and was depending upon this money. He turned towards his home with a heavy heart, not knowing what was to be done. He well knew that Flint had the reputation of being a very close man, and had some misgivings about getting any corn unless be had the money to pay for it. His wife had informed him that very morning that there was hardly a pound of meal left in the house, and he had cheered her up by telling her what he intended to do. But now he must return home with starvation staring them in the face, and to make matters worse a storm which for several days had been threatening, set in, and promised to be a severe one.

In the little log cabin of John Finch that day and the following night there was gloom and disappointment, as the little remaining food was portioned out so that it would last as long as possible, while the vnnd howled and whistled without, piling the light snow in huge drifts, making it a task to be out long enough to feed and water the oxen and procure fuel to keep the cld-fashioned fireplace filled with bla^sing logs, which snapped and crackled merrily and afforded the family the only comfort they had that long, dreary day. As John sat gazing into the glowing coals he had time to look into the future, where he saw a coming generation enjoying the results that were to follow the trials and hardships of himself and other pioneers. The next morning they sat down to the last morsel of food in the house. It was still storming, but not nearly so hard as yesterday. After some minutes of silence the mother, who had been making a pretense of eating, but was in reality dividing the food on her plate among the younger children, says in a low, Had tone: **John, what are you going to do if this storm continues?" John sits for a long time without speaking, his manly frame seems convulsed with emotion and big tears force themselves from his eyes. He finally recovers bis voice and says: "Mother, I am not going to see you and the children starve. Old Flint has got to let me have some corn, money or no money."

He pushed back from the table, having barely tasted the morsel of food before him. as he, too, had been making but a pretense of eating. He arose, put on his overcoat and muffler and was soon on his way to Flint's. His wife watched him out of the window as he disappeared through the trees, and then with a sigh returned to the work of setting things to rights in the little home, and cooing and chirping to little Swain, who is inclined to be irolicky and needs extra care.

John floundered along as best he could through the deep snow drifts, over fallen timber and around dense patches of undergrowth which it was imi>ossible to penetrate. After about an hour of this kind of walking he came to quite a clearing and saw a commodious log house, with stables and outbuildings, indicating that the owner, although on the frontier, was a man of some means. John approached the door and knocked rather timidly, and the misgivings he had entertained all along did not abate in the least as he stood there waiting for some one to answer. A sharp, rasping voice, pitched in a high key, bade him enter. He stamped the snow from his feet as beat he could and opened the door. ^'Mercy me I Come in quickly," spoke the rasping voice, "and shut the door, or the room will be full of snow." John got inside as quickly as possible and apologized for causing so much trouble.

Let us take a look at the owner of the premises as he sits in an easy chair before a large fireplace full of blazing logs. He is past middle age; iron gray hair and blue eyes; angular features, with the lips di'awn tightly over the teeth, and a self-satisfied smirk playing around his mouth. Politely inviting John to a seat, he inquires:

"Yes, sir," replied John, "and I understand, Mr. Flint, that you have com to sell at $1.25 a buslK^l. and I have come to buv a bushel of vou to take to mill, as we haven't a mouthful of food in the house.

"Certainly, Mr. Finch. I shall be glad to sell you a bushel of corn and help a neighbor in a pinch, as I was very fortunate this year, and have plenty for my own use and to sell. You can have aU you wish, Mr. Finch, if it*8 twenty bushels. Mvl but doesn't that storm rage fearfully? I wouldn't be surprised if we had the hardest winter we have had for years, Mr. Finch."

"Indeed it does look blue for a new beginner like me," remarked John, "and I thank you, sir, for your generous offer to let me have so much com. but I have been unfortunate. I have been working all fall on the new county seat store since I got my house up, and I have used up every cent I brought with me. I had earned |90 on the store, and had not drawn a cent of my wages, and yesterday found the work closed down and Jones gone without paying me. I only want to get a bushel of corn to keep my wife and children from starving, and as soon as this storm is over I will get work somewhere and pay you."

"Ah, Mr. Finch, that puts it in a very different light. Y'ou must know I - er - er, I - a - sympathize with you, but - er - a man has to look out for himself first and other folks afterwards. If you can bring me the money, Mr. Finch, I \*ill be glad to let you have the corn, although I may be foolish to sell, as next year may be a drought."

John Finch sat in his chair for a few seconds, utterly dazed, hardly knowing whether he had heard the man aright. When he fully realized what it meant to the dear ones at home, and thought of the utter heartlessness and selfishness of this thing in the shape of a man, who for a few paltry cents would let them starve, his rage had no bounds, and he sprang to his feet. With

Hashing eyes he towered above old Skin-Flint like an avenging angel, with clenched teeth and the veins standing out on his temples like whip cords, as he said: "Mr. Flint, I have one more exx>edient to try to save my family from starvation. If that fails, I am coming back and, by the eternal, I am going to have a bushel of corn, money or no money."

He flung open the door and again rushed out into the storm, in which he soon disappeared, while old Flint cowered down in his chair, whining and saying that if it became known that he was letting his corn go without the money he would soon not have a bushel left in his crib.

John walked rapidly for some time, then suddenly stopped, and, looking cautiously around, took his knife and cut a hickory stick about three feet long and two and a half inches in diameter at the butt. He muttered again: *'By the eternal, if I fail, I will have a bushel of corn, money or no money." Carefully leaning the club against a stump, he hurried onward. He soon came to a small clearing in which stood a little rough log cabin. He rapped smartly at the door and was invited to enter bv a cheerv voice from within. He did 80, and as soon as his eyes became accustomed to the light from the one small window, he discerned a pleasant-faced young fellow, with needle and thread, attempting to mend a rent in the sleeve of his blouse. The young man arose, gave him a hearty handshake and invited him to a seat, apologizing for the effeminate work in which he was engaged, adding:

"I don't know but you are right, sir, but it gets awful monotonous sometimes, mending and cooking for one's self; I often think it would be nice to have some one depending on me for support."

John was too much concerned about his own troubles to dally long in suspense, and at once laid his case before the young man, who listened attentively. At the conclusion of the story of John's adventure with his rich neighbor Bushnell clenched his ftst and muttered: "The old skinflint."

"Well, Mr. Finch, I have about a hundred bushels of potatoes, which is all the crop I raised this year, and if I can be assured of a living until spring, you shall have the potatoes.

A bargain was soon closed, whereby the potatoes were transferred to ihe Finch cabin, along with young Bushnell, who boarded with them all winter. Not being very well protected, the potatoes were soon frozen solid, but for six weeks the family had nothing else upon which to subsist. When the weather moderated John obtained some work, and as the years rolled on he prospered and became independent. Young Swain, tiie hero of our story, grew apace nnd soon reached voiing manhood. He was a great admirer of the fair sex. and w(in]d often cast sheep's eyes at the girls when he thought they were not looking, but his extreme bashfulness cauie near consigning him to perpetual bachelorhood. He lived with his parents until 1S63, when he was married to Sarah 11. Moore, and in the spring of 18ti4, in company with his brother. David, he made a trip lo Mimianii in search of gold. Not being very successful, they started for home in a flatboat down the Yellowbtone river. When they had lloated down lo within some ninely miles of the Missouri river winter overtook them and prevented further progress by that means. Having fallen in with three other men who had been in Montana uQ the same eri-and as themselves, they all joined in. built themselves a log cabin and bnnted and trapped until the ice went out in the spring. They had to live for six months on bear, elk and deer meat, without either salt or bread of any kind. They had left their boat in the water and when the ice began lo move in the spring it was torn to pieces, leaving the boys on foot in a wild, rough country, many miles from any settlement, with a large lot of ftira and skins that must be transported by some means. They fortunately had an old whip-saw among their belongings, and with this they went to work and sawed lumber enough with which to construct a boat thirty-eight feet long and nine feet wide, into which they loaded their furs, which they took down to Yankton and Sioux City and disposed of for the snug sum of fl,0OO.

They reached Omaha May 8, 1865, and the Finch boys proceeded home as fast as they could, where they were received with great rejoicing, the family not having heard a word from them since their departure almost a year before.

When and where E. S. Finch, the hero of this story, received the name of "Uncle Swain," and his good wife that of "Aunt Sarah,'' the writer does not Unow, but it was a long time ago, and hereafter in this sketch we shall use these names, as they are seldom referred to by any other in Custer county.

After the trip to the gold fields of Montana in 1864-5, Uncle Swain and Aunt Sarah moved to Hardin county, Iowa, where they lived until the spring of 1875. They had known what hard times meant in their childhood, and had determined at the outset of their married life to live economically. As a consequence they found themselves ten years later in fairly good circumstances and possessed of many of the good things of this life. As free range for stock had by this time become a thing of the past in Iowa, Uncle Swain and his brother, Da\id, started to Nebraska in the latter part of May, 1875, with eighty head of cows, Aunt Sarah driving a horse team, while her husband navigated a prairie schooner drawn by two yoke of oxen. They landed at Kearney, Nebraska, on July 4th, having made the trip in about forty-eight days. They went into camp near Brady Island, cut and put up some hay for iheir cattle, and in October came over to the South Loup river and located a ranch on section 8, township 16, range 24. They arrived about dark and camped for the night. The next morning, while David and a younger brother who had come along with them were preparing breakfast, Uncle Swain saw something that looked like a post in the ground away off on the prairie. He picked up his gun and strolled leisurely over to investigate, and found the remnants of a camp, probably that of a beef outfit on their way to the Sioux reservation. The object that he had taken for a post proved to be a sugar barrel, and thinking it would be a good thing to pack meat in, stepped up to get it. He looked into it, then rubbed his eyes and looked again, and walked back to camp, procured a grain sack and returned to the barrel. These mysterious movements on the part of Uncle Swain excited the curiosity of his brothers, and when he came back to camp with the barrel under one arm and the sack half full of something on his back they shouted to him in chorus: "What have you got in the sack?"

For answer Uncle Swain gets an empty can, unties the sack and opens to view a good half bushel of fine looking coffee to the astonished gaze of his brothers. He takes out a large drawing and proceeds to make some for liieakfast, and as the fragrant aroma arises from the boiling pot, David and his brother conclude that the coffee is poisoned, and try to dissuade Swain from drinking any of it. Not succeeding in this, they try to kick it over, but Swain stands out firmlv and declares that the fellow who kicks his coffee into the fire will follow it. Seeing that he was in earnest, they i)ermitted him to swallow two big tin cups full of it, after which, taking a long breath, lie says: "Now, boys, if I ain't dead in fifteen minutes, you can have some of it." It is needless to say that soon after the two boys were enjoying as flood a cup of coffee as they ever tasted, and as they had but a little tea with them the find proved a valuable one. They blessed the absent-mindedness of the cook who had gone away and forgotten his coffee barrel.

Upon investigation they found plenty of cedar in the canons near by, which they cut and used in the construction of a log cabin about twelve by fourteen feet in size. Then killing a wagon load of deer and elk, they returned to the camp at Brady's Island. In about two weeks thereafter they were settled on their ranch and put in the balance of the winter cutting and hauling cedar, building another log house sixteen by eighteen feet, making stables and corrals, and looking after their stock.

A funny incident which happened at one time while they were keeping batch for a short time at the new ranch is worth repeating. One morning the cook had an extra fine brewing of coffee and they all showed their appreciation of it by drinking more than usual. Uncle Swain had passed his cup the third or fourth time, when he observed something white in the coffee pot. He remarked:

'*You didn't, nuther," snapped Jim. The Finch boys had as a guest a stylish friend from Iowa, and he was called upon to examine the coffee pot to settle the dispute between Uncle Swain and the cook. The young man poured the grounds out in the yard and made a critical examination. He gave a sort of convulsive gasp, turned deathly pale, placed his hand near the region of his stomach and disappeared around the house. The antics of the young fellow caused the others to push their unfinished cups aside - Uncle Swain alone excepted - and to make an investigation of the contents of the coffee pot. Among the grounds they dis- covered a large, warty toad, swollen to three times his natural size. The old fellow had evidently climbed up between the logs of the cabin and fallen into the coffee pot, which sat close to the wall and had no lid.

In the spring of 1876 the boys planted about sixty acres of sod corn, which was just beginning to make fine roasting ears, when one afternoon they discerned what ap]>eared to be a prairie fire, a dense cloud of smoke arising in the northwest. They wondered at a prairie fire at that time of the year, when the grass was green. They watched it intently as it came nearer and nearer, until it obscured the sun and darkened the air like an eclipse. When it had come within a hundred yards of them they heard a continuous cracking and snapping sound, which increased to a i>erfect roar as it approached them, when they discovered to their horror that a cloud of grasshoppers was upon them. They alighted and in a few seconds every green thing in sight was literally covered and hidden with a seething, crawling mass several inches in depth. The beautiful field of corn melted down as if each leaf was a spray of hoar frost in the rays of a noonday sun. Uncle Rwain was dumbfounded for a moment, but when he saw that corn fading he came to his senses, cut a large willow bush and went after those grasshoppers with a vengeance. He proceeded down a corn row, threshing to right and left, kUling his thousands with every sweep, and mowing a swath of death in his track. When he had gone about a hundred yards he stopped to get his breath and discovered to his extreme disgust that there were as many grasshoppers behind him as there were ahead. This disheartened liim and he gave it up as a hopeless task. The hoppers ate up everything in the shape of grain and garden stuff on the place, leaving it as brown and bare as if it had been swept by fire. They would settle on a post the thickness of a man's arm, and in a few seconds it would appear to be as big as a log. When the hoppers left it it would look as if it had been scraped with a knife, every vestage of bark and fiber being eaten off. Aunt Sarah and her sister-in-law had a fine patch of cabbages which they thought to save by covering the plants with hay; but the hay served only as a convenient shade for the hoppers, who crawled under it and dined off the juicy cabbage heads at their leisure. They then laid the hay around the patch and burned it, thinking to smoke the pests away, but to no avail. WTien they left that cabbage patch nothing remained but a few bare stalks eaten almost to the ground.

After the log house was finished Aunt Sarah was installed as cook, and many and varied were the experiences she passed through in that frontier home. The storj' of them alone would fill a large book. She had a dirt floor, covered with green cow hides which she stretched tightly, hair side up, making the room look very neat and cozy indeed. She learned the art of tanning deer hides and the skins of other animals, and at this day has many beautiful rugs made from these which testify to her fine handiwork in that line. Aunt Sarah was the onlv woman within fortv miles, and a braver one I'ever trod the soil of Nebraska. While all the men folks were off on the round-up she was left nlone for days at a time, and at one time a whole month, with only a dog and a cat to keep her company. She had to ride the range daily for several hours to prevent the cattle from straying away. Indian scares were frequent, and many a stout hearted man would have been reluctant to remain in such a place in solitude as did this brave woman. But Aunt Sarah was always prepared for the worst, and Uncle Swain mixed a box of sugar and strychnine which she carried with her for three years. No doubt many of our readers will ask what use she expected to put this mixture to. She knew Indians were vrry fond of sugar, and whenever one of them obtained any of it. he would never take a taste until the whole band were present, nien. seated on the ground, he would pass the delicacy around, dropping a small portion in the palm of each outstretched hand. When all had been served they ate it at a given signal. Had a band of the savages robbed Aunt Sarah of her sugar, the result could be easily Imagined. Aunt Sarah could throw the lariat with wonderful skill, and was always to be found where duty called her. no matter how disagreeable or how difficult the task she had to |MM*forni. To-day. after twenty-five years passed in Custer county, she sits in her elegant home by her cheerful fireside, and recounts the trials and tribulations of the past, many of them stranger than fiction. Uncle Swain is just as young to day as he was twenty-five years ago. He has always been more or less a source of trouble to Aunt Sarah, although she now has him pretty well in hand. Some years ago whenever she gave him a *'piece of her mind" and endeavored to show him the error of his wavs. he would retaliate bv threatening to commit suicide in some horrible manner. Upon one occasion Aunt Sarah was freeing her mind for Uncle Swain's benefit, when he shouted: "If you don't shut right up. I'll go out and freeze myself to death in that snow bank." Aunt Sarah was too much out of patience to remember former frights that she had received by similar threats, and kept right on laying down the law from her understanding of it. With eyes glaring into space, clenched tc^th. and set features, like a man who contemplates some terinble deed, looking neither to the right nor to the left, he takes down his overcoat and puts it on, buttoning it up to his chin, walks deliberately out and lies down on the snow bank. These movements are followed by two pairs of curious black eyes belonging to his nephews, John and Bob. who look on with mouths wide open thinking the old man had gone crazy. After a few minutes the freezing man raises himself up on one elbow, looks around and discovers these two pair of bright eyes watching him through a chink in the wood shed. He motions the boys to come to him and sends Johnny after the buffalo robe, which he carefully wraps around his body and again lies down to freeze in comfort. As he lies there he pictures Aunt Sarah inside taking on and weeping her eyes out over his sad fate. Catching another glimpse of the bright eyes he calls their owners to him and inquires, in a stage whisper:

During the year 1877 a number of settlers located on Clear creek, near the east line of the county, among the number being Luther Mitchell and Ami Ketchum. Mitchell came from Merrick county, was a farmer about sixty-five years of age, and married. Ketchum was a blacksmith by trade, but had decided to become a farmer, although he still did some work at his trade for the neighbors. He was unmarried and was living with Mitchell at the time of which we are writing.

I. P. Olive wa« one of the wealthiest cattle men in Nebraska at that time, and owned many thousands of cattle that roamed over the valley of the South lx)up river and adjoining country, and in common with other men in the same line of business, had suffered heavy losses from the depredations of cattle thieves. For this reason he became the prime mover in an attempt to drive the cattle thieves from the country. Olive resided in Plum Creek, Dawson county, but his ranch was on the South Loup river, about four miles east of the present town of Callaway. While in a general way he was a good sort of man, and very generous and courteous to«those with whom he was on good terms, he was an implacable enemy and an adept in the use of firearms. His brother, Robert Olive, was a bad man when aroused. Bob Olive had previously killed several men in Texas, and to conceal his identity had assumed the name of Stevens and flown to Nebraska, where his brother L P. had alreadv established a ranch, and it was under the name of Stevens that he was known during his career in Custer county. A short time previous to the events which led up to the killing of Bob Olive, or Stevens, one Manley Capel had been anestcd im a oliar;:e of cattle stealinjr in Custer coiinlT. and in Mb confession In- seemed to implicate Ami Ketcliuni in ilie nefarions business. This, with the information obtained from a man bv iln- name of Mclndeffer, who was aetinK as a sort of spv for tlie raltlemen land who, by the way, was hanged as a ealtle thief in Xo Man's Land, a few years ago. so it is paid), so impressed the Olives tliat they determined to arrest Ketchnm, and notwith- (jtandin^r the enmity that was known to exist between Rob Olive and Ketchum, Sheriff David Andei'son, of Unflfalo connty. made Olive a deputy to arrest Ketchnm. In the company of two rough and reckless cowboys named Barney Armstronfr and Pete Beaton, Bob Olive started for the home of Mitchell and Ketchum on the 2Tth day of Xovcmber, 1878, with Mclndeffer as a guide. When they arrived at the homestead of Mr. Mitchell, the latter and Ketchum were preparing to go to a neighbor's by the name of Dowse, to return a borrowed animal. Mrs. Mitchell was preparing to go with them. Before tbey started a stranger rode up and a-^kcd if he eonld have his horse shod. Ketchum explained his plans for the day and asked the man to come the following day and he conld shoe the horse. The stranger agreed to do so ;md rode away to rejoin Bob Olive and the other two men, who were hidden behind a small hill to the south of MitchelPs house. Having failed to get Mitchell and Ketchum separated by the ruse of getting the horse shod, the men now rode boldly up toward the settlers, who paid no particular attention 1o them, as men on horseback were the rule and not the exception in those days. Mrs. Mitchell had already taken her seat in the wagon, and the men were tying the animal to the hind axle of the vehicle. When within a short distance the cowboys made a dash on their horses, four abreast, and Bob Olive shouted to Ketchum to throw up his hands, as he was an officer of the law, at the same time presenting his revolver. Ketchum threw up his right hand with a forty-four Coitus revolver in it, and both men fired at the same instant. Several shots were t^xchanged, resulting in the breaking of Ketchnm's left arm. As soon as the shooting commenced the old man, Mitchell, gi'abbed his Winchester and took deadly aim at Olive, who discovered him and shouted: **My God, old man, don't shoot," but it was too late. Mitchell's linger had already pressed the trigger and the bullet si)ed forward to do its fatal work. Olive reeled in his saddle and the cowboys prevented him from falling. He gasped: ^'Boys, I am done for." Supporting him on his horse, they turned and rode rapidly away, followed by bullets from Ketchum's Winchester, which was loaded by a girl named Tamar Snow, a step-daughter of Mitchell, Ketchum being unable to load the gun himself on account of his broken arm. He fired the last shot at a range of 200 yards, just as the cowboys dropped out of sight behind the rise of ground previously referred to. One of Ketchum's bullets cut a scarf around Beaton's neck in two, draw ing blood, and another shaved off one side of the rim of his hat close to the head. Another went through Armstrong's foot. Mclndeffer, who afterwards described the encounter, declared that Ketchum came as near being the devil as any man he ever saw, and that he believed he would have killed every one of them, even with one broken arm, if they had not gotten out of the way. As soon as the cowboys got out of reach of the flying bullets, Olive was laid on the ground and a consultation held. The wounded man was then taken to the dugout of one Harrington, who lived about a quarter of a mile further down the creek, where Olive made his will and sent for his wife. He died in three days afterwards.

As soon as the cowboys disappeared from sight Mitchell and Ketchum packed up their few movable belongings and started for their former home in Merrick county. As soon as the news of the shooting spread over the country there was great excitement among the cattlemen and cowboys, and the same night a large force returned to the Mitchell house, undoubtedly to wreak vengeance on the two men, but finding them gone they set fire to the house and burned up the roof, that being the only part of it that was combustible.

When they arrived in Merrick county Mitchell and Ketchum went to the house of George Gagle, and a Dr. Barnes was sent for to attend to Ketchum's broken arm. The next morning, acting upon the advice of friends, and having found a place of safety for Mitchell's family, the two men started back to Custer county to give themselves up to the authorities for the killing of Stevens. On their way they passed through Loup City and consulted with Attorney Aaron Wall, who advised them to proceed no farther, as the cowboys would certainly lynch them. They remained several days in Loup City and then went to the house of J. R. Baker, on Oak creek, in Howard county, where they were arrested by William Letcher, sheriff of Merrick county, and E. W. Crew, sheriff of Howard county, giving themselves willingly into the custody of the officers. I. P. Olive had offered a reward of f 700 for their arrest and several officers, among whom were Crew^ of Howard county, Anderson of Buffalo county, Gillan of Keith county and Letcher of Merrick . county were anxious to capture them in order to secure the reward. But after the capture Crew and Letcher were unwilling to assume the responsibility of taking the prisoners to Custer county and of turning them over to the cowboys. They were finally taken to Buffalo county and lodged in the jail at Kearney, in charge of Sheriff Anderson, for safe keeping. The prisoners were at first held without legal authority, as Olive had given the warrant for their arrest, issued in Custer county, into the hands of Barney Gillan, sheriff of Keith county, to serve. The prisoners had engaged Thomas Darnall of St. Paul and E. C. Calkins of Kearney as counsel. Their attorneys endeavored to have the prisoners retained in the jail at Kearney, having i-easons for believing they would be lynched if taken to Custer county. The feeling at Kearney was against Mitchell and Ketchum, as the people had been l(»d to believe that Olive had been shot while fulfilling his duty as an officer of the law. A dispute arose among the sheriffs as to a division of the reward offered by I. P. Olive for the arrest, but Olive declined to pay the money until the prisoners were delivered in Custer couty. A proposition was finally made to Sheriff Anderson to take the men to Custer county, for which service the others agreed to pay him f50. This proposition was declined by Anderson, unless he were paid enough to enable him to employ a sufficient number of men to guard the prisoners. It w^as at last arranged that Gillan should take the prisoners to Custer county, as he held the warrant for their arrest, and he promised to notify their attorneys, Darnell and Calkins, so that they coiild accompany their clients. As Gillan was a sheriff, and his desperate character was unkuown to Darnell and Calkins, they thought everything was all right. Nevertheless they kept their eyes on the jail to prevent any attempt to remove the prisoners by stealth. On the forenoon (if December 10th, Darnell, fearing that the prisoners were about to be taken away, kept close watch until tiie west bound emigrant train came in. After its arrival at Kearney he waited at the depot until he thought it web about time for it to pull out, when he started to leave. In the meantime Gillan had taken the prisoners from the jail and hustled them into a car just as the train was pulling out. Darnell telegraphed to Gillan at Elm Creek, asking him if he would hold the prisoners at Plum Creek until the next train. Gillan replied that he would do so. Darnell also td^raphed to Captain McNamar, an attorney at Plum Creek, requesting him to see what was done with the prisoners when they got off the train at that city. Plum Creek was the home of I. P. Olive, and here he was surrounded by many friends and employes. The traia pulled into Plum Creek about 3 o'clock in the afternoon, and Olive and his friends were waiting at the depot with wagons, into one of which the prisoners were immediately loaded, and a start made to Custer county. Captain McNamar was unable to prevail on GiUan and Mive to wait for the arrival of Darnell from Kearney, and believing it was the intention to murder Mitchell and Ketchum, be followed the wagon train for some distance. Seeing that they were being followed, the wagons separated, but McNamar kept after the one containing the prisoners until it became so dark that he lost the trail among the hills. The Olive party kept on all night until they met on the Sonth Loup, about five miles from the Olive ranch* \Nhere the transfer of the prisoners from Gillan to Olive took place. The names of the men who received the prisoners were Dennis Gartrell, Pedro Dominicus and Bion Brown. ^ After the delivery of the prisoners to Olive's men, Sheriff Gillan and Phil Dufrand walked away a short distance while the Olive men started with the prisoners to a place known as the "Devil's Gap," in a wild canon about half way between the Loup and Wood River valleys, some five miles southeast of where Callaway now stands. Olive and Gartrell drove the wagon containing the prisoners, and the^ stopped under a small elm tree. A couple of ropes were passed over a limb and Gartrell tied one of them around Ketchum's neck, while Pedro Dominicus fastened the other around the neck of Mitchell. Ketchum was first drawn up. Olive then took a rifle and shot Mitchell, after which he also was drawn up until he dangled beside his companion. The bodies of the two unfortunate men were found at about 3 o'clock in the afternoon of the following day by a party of men, among whom were Captain McNamar, Anton Abel, Ix)uis Wamsgan, George Sandford, Al Wise, County Judge Boblitz and perhaps others. When found the bodies were frightfully burned, that of Ketchum still hanging to the limb, while that of Mitchell was resting on the ground, the rope by which he had been suspended having either been broken or burned in two. The men were handcuffed together, one of Mitchell's arms being drawn up to Ketchum bv the handcuffs, while the other was burned off to the shoulder. It was a sickening sight, and Captain McNamar returned to Plum Creek and reported what he had seen.

After hanging Mitchell and Ketchum, tlie Olive gang rode about one mile toward the Olive ranch, where two of the men were given fresh horses with which to return to Plum Creek. It will probably never be known who did the burning of the bodies, or how the same was done, but it is generally supposed that these two men, crazed with drink and fired with the thought of revenge for the killing of one of their number, resolved to put the finishing touch on the terrible night's work by pouring the contents of their liquor flasks over the hanging bodies of their victims and setting them on fire, as ihey had to pass by that road to get back to Plum Creek. The evidence at the trial was convincing that the bodies had been burned, although an attempt was made to prove that Mitchell's clothing had caught fire from the powder of Olive's gun, and although it had been put out, it caught again after the men departed from the spot. A careful examination of the spot disclosed The fact that the fire had been carefully whipped out for quite a circle around the bodies, thus proving that some one must have been present during the burning; otherwise the whole country would have been burned over, the grass was as dry as tinder. It does not appear, however, that Olive "was a party to, or had any knowledge of, this part of the crime.

Steps were immediately taken to arrest the perpetrators of the crime and bring them to speedy justice. The whole state was horror stricken at the sickening details of the tragedy, but the well-known desperate character of most of the men concerned in it made the question of apprehending them a very serious one. Judge William Gaslin thus relates the methods employed to arrest the criminals:

"I first heard of the lynching of Mitchell and Ketchum while on a train on my way from Nebraska City to Sidney, where I was to open court the next morning. When I opened court there was such an excitement that there was no disposition or readiness to do business, and upon seeing an article in the newspaper published at Kearney by the Eaton's, denouncing the governor for not taking active steps to bring about the arrest of the murderers, and complimenting me by saying that there was one man in Nebraska who would see that the perpetrators of the crime would be brought to justice, and the man was Gaslin, I called my reporter. F. M. Hallowell, who resided at Kearney, and instructed him to proceed to that city on the first train and tell Eaton not to make further mention of mv name in connection with the matter, as I had a plan to capture the desperadoes and did not want my name mentioned for fear of putting them on their guard. Late that afternoon I adjourned court and took the train east for Plum Creek, where quite a number of the Olive gang lived. I found assembled at the residence of Attorney General Dilworth a number of the law-abiding citizens of the city, armed to protect themselves against the outlaws who had threatened the lives of those who should attempt to bring them to justice. Among these I now recall Captain McNamar. an attorney, and Jack MacCoU, clerk of the District Court. I learned that all the officials of Custer countv, where the lynching was done, either belonged to, or were under the influence of, the Olive gang, and as they could not be moved against by or through any of the officials of that county, I left on the first train for Kearney to look up the law and see if I, as an examining magistrate, could not issue warrants for their arrest, which plan I divulged to no one. I was in constant touch with General Dilworth, and soon satisfied myself that I had the authority and set to work preparing complaints and warrants to have the outlaws arrested. After I had matured my plan I met J. P. Johnson (still residing in Kearney, three score and ten, hale and hearty), and in conversation he remarked that if the officers were afraid to arrest the criminals he would furnish men to do it if I would deputize them. I informed him that I had con- fidentially arranged for a meeting of the sheriffs of Dawson and Buffalo counties, General Dilworth and a sacred few others, and invited him to attend. There were present at this meeting, in Judge Savidge's office, the judge, J. P. Johnson, General Dilworth, the two sheriffs and myself. I told these men the conclusion I had come to, a,nd the complaints having been filed before me, I made out the wararnts for the arrest of the criminals and offered them to Sheriff James of Dawson county, and Sheriff Anderson of Buffalo county, and both declined to take or serve them on account of a fear of their lives, as they said. I then turned to Johnson and asked him to give me the names of the men he agreed to furnish, which he did, and I deputized them, there being, I think, five or six of them, and gave them to Johnson for delivery. One of the men deputized was Lawrence Ketchum, a brother of the man who was lynched, and another was a powerful young fellow by the name of Young, a deputy sheriff of Clay county. A third was named Pingree, and the fourth was a man from Illinois. A plan was arranged in strictest secrecy for a part of the men deputized to go across the country to Custer county to arrest part of the gang who were at the Olive ranch. Another party was to board a freight train at Kearney about midnight; which arrived at Plum Creek a little before daylight. The railroad people were in the secret and stopped the train a little before Plum Creek was reached, where the officers left the train and walked into town, where they effected the arrest of all the gang who were in the city. Lawrence Ketchum, Bob French and others went from Kearney, and were assisted by some of the constables of Plum Creek. When the other party arrived at the Olive ranch they found that the men they were after had fied the country. Among them was the delectable Barney Gillan, sheriff of Keith county, who had delivered Mitchell and Ketchum over to the murderers, and who secured the |700 blood money paid by Olive. On the afternoon of Sunday the parties who arrested the desperadoes at Plum Creek landed them in Kearney on a freight train, where they were put in jail and a strong guard placed over them. Thousands of people were at the train when it arrived with the prisoners. Some of the prisoners, I think, were subsequently taken to the state prison for safe keeping until the April term of the District Court in Adams county, where the trial had been set, the prisoners waiving preliminary examination before me. All kinds of lawyers, good, bad and indifferent, were employed by the defense, some for ability and legal lore, and some to insult and bulldoze the court - for which they occasionally got fined for contempt. The trial had not progressed long before the proeecuting attorney secretly informed me that he had made a secret arrangement with one of the prisoners, Bion Brown, to turn state's evidence, to testify on behalf of the prose- cntion. Brown was in jail with the other defendants, heard and knew all their {dans, and dally communicated the same to Gteneral DUworth, the prosfecuting attorney. He said at one time that they talked of having their friends, who were in disguise in the town, shoot General DQworth and me and have horses ready for the prisoners, who would be enabled to escape in the excitement. I then gave orders for no one to occupy the gallery opposite where I sat, and I had a large number of bailiffs secretly heavily armed scattered over the court room, with nothing to indicate they were officers. One day it was reported that a number of the Texas friends of the prisoners were secreted in the hills near the Platte river, armed to the teeth, and provided with good horses with which to swoop down on the court and liberate the prisoners. Other things came to the knowledge of Sheriff Lewis Martin of Adams county, a most excellent officer, which induced him to procure a company of regulars from Omaha, which was sent by the commanding officer as soon as possible. The soldiers were tented on the public square of Hastings, opposite the hall where the court was being held. The Legisiature appropriated 120,000 to be expended in the prosecution of the case, to be iiaid out on vouchers approved by me, a jmrt of the money being paid for the subsistence of the soldiers. Bion Brown and Pedro, the Mexican, were used as witnesses for the prosecution, the latter testifying through an interpreter. A better witness I never heard testify. On cross-examination he testified almost, if not exactly, to what he did in direct.

"The trial commenced in Hastings in April and continued almost through the month. Some of the ablest lawyers of the state were engaged on the case, among them being General Dilworth, the prosecuting attorney; District Attorney Scofield and John M. Thurston, for the state; and F. O. Hamer, General Connor and Hon. James Laird for the defense. An indictment wan found against Ira P. Olive and eleven others for the murder of Luther Mitchell, and I. P. Olive and Fred Fisher were placed on trial to answer for the crime. There were about 100 witnesses, among whom we find the namee of Captain McNamar, Anton Abel, Louis Wamsgan, James Kelly, Phil Dufraud, Gteoi^e Sandford, A. C. Woodworth, David Blackman, George Arnold, Sheriff O'Brien, Dan Haskell, James Gray, H. C. Stuckey, S. C. Stuckey, John Myers, Andrew Pancake, E. S. Finch, W. H. Kilgore and S. R. Ritchie. Phil Dufrand and Bion Brown, two of the defendants, turned state's evidence and testified against their associates in the crime. The witnesses for the prosecn* tion testified to the facts substantially as heretofore related, whUe the witnesses for the defense confined themselves to testifying as to the good character and reputation of I. P. Olive. As a sample of the testimony offered by the prosecution the following may be interesting: