Merrick County, Nebraska - Chapter 9: Merrick County's Earliest Criminals, 1898

CHE first crime iu Merrick County of which we have any record was the theft of a pair of mules from an old man by the name of Wood, who made use of his mules and wagon as a pioneer "freight," by which supplies from Omaha were conveyed to the ranches in the neighborhood of Kearney. On his return trip one morning in May Mr. Wood was accosted by a couple of well-dressed Irishmen, who asked him if they might share the tediousness of his journey to Omaha. The prospect of company was not disagreeable to the old gentleman as he thought of the long and lonesome journey, and he gladly made room for them. The Irishmen proved most entertaining company and, as if in gratitude for his kindness took the care of his teams off his hands. They journeyed thus until they reached Brewer's Ranch. As customary, the night was spent there, Mr. Wood putting up at the house and the two Irishmen, for lack of better accom¬ modations, bundling up in their blankets outdoors near the stable. But when Mr. Wood arose early the next .morning and made his way to the barn he found both the Irishmen and his horses missing. The thought that they might have gotten loose and wandered away was soon dispelled by the discovery that a saddle and bridle were also missing from the ranch barn. Pursuit was at once began, and their track, made across cultivated grouud at the very beginning, was easily followed. Four days after the loss of the mules, one of them wandered into Wood River, and, the notice of theft and description of property having been sent east and west by telegraph, was identified and held to await developments. Before long one of the Irishmen came inquiring after the stray mule, and was at once seized. Having been compelled to disclose the whereabouts of his partner, both were secured and taken to Omaha for safe keeping, as horse-stealing was still considered a capital crime by many people in Merrick County.

The second criminal of our new county fared worse than his Irish predecessors, although his original crime was no greater. It was only a short time after Mr. Wood lost his mules that a German tramp stole a horse from the barn of Chas. Combs, the horse belonging, however, to John Kyes. The thief was tracked to the bank of the river, where it was determined that he had crossed over, it afterwards being discovered that during the crossing he nearly foundered, and having gotten across was immediately taken in charge by a traveler who was suspicious of the German's haste and early crossing, and forced to go to the ranch of J. T. Biggs. The owner of the horse, which was recognized here, was notified, and with some of the early unofficial preservers of the peace, known as "regulators," came down and took possession of both horse and man. The latter was tied to the horse's tail and thus takeu across the river, after which, on account of his ugly actions, the thief was taken to the timber near the old lone tree and "strung up," although the rope broke twice during the operation.

The third and worst crime of our early days went entirely without punishment. In January, 1868, John Vieregg, with a neighbor, Claus Gottsch, and accompanied by the latter's son and a hired boy, were camped upon the Loup for a hunting excursion. Toward evening of the first day Messrs. Vieregg and Gottsch started out for a hunt,

* leaving the two boys at the camp to take care of the team. When they returned they found the two boys murdered, and the horses gone. As there was no signs of resistance, it has always been presumed that they were killed while asleep by some wandering Indian or Indians. Nothing definite concerning their death has ever come to light, and it will doubtless always remain one of the deep mysteries of our county history. ,

A fourth crime - if that term can be appropriately applied to the deeds of the Indians - was committed in 1869. On the- night of June 14th two horses were stolen from the pasture of John L. Martin. The account of this and the tragic outcome of an attempt to secure the

On the morning of the 15th of June, 1869, Mr. William Shoulders, who at that time was in the employment of the McCathrons', found that a mule that he had picketed out the night before had been stolen. That it was a theft was appar¬ ent from the fact that the portion of the lariat which remained had not been broken but bad been smoothly cut with a knife. Neither Shoulders nor anyone else dreamed that there were any hostile Indians near; it was supposed to be the work of some petty horse thief, or perhaps of some "tramp" or deserter who, finding the mule beside the road, had taken him to ride a few miles. From the tracks, or some other indications, the owner of the mule was led to believe that he had taken up the road, or had at least started in that direction. Taking a halter in his hand, and declaring his intention to recover his mule at any cost, Shoulders set out in the direction he supposed the thief had taken. When he reached Martin's he found that two horses were missing from there. They had been taken from the small pasture lot on the immediate bank of the river. At this point the river is free from islands and nothing interrupted the view of the other side. For some time before Shoulders came up a horse had been noticed grazing on the other side of the river. It was thought that the. horse had resembled one of the missing horses. It was thought a little strange that the horse remained grazing so long in one place; but without stopping to weigh probabilities, or in the least counting the risk or the danger, Shoulders and a young man named John Sanford at once proposed to cross over. The river was very high, the June rise being at its height, and the morning was cool - even cold; there had been quite a severe frost the night before. Crossing the river under such circumstances was no pleasant nor easy task; but divesting themselves of all superfluous clothing, and entirely unarmed they plunged boldly in; those on this side watching, and waiting the result. The crossing was toilsome and tedious; sometimes the men would be wading in water a few inches deep, and sometimes they would be struggling in the stiff current up to their armpits and again they would entirely disappear except their heads as they swam across some deep channel. Sanford being the most active and the best swimmer always kept the lead, sometimes being a rod or two in advance of his companion. The horse was still quietly grazing on the side of the bluff. At length they reached the opposite shore and began to ascend the steep bank. They had hardly reached the summit of this bank when they turned and hurriedly sprang back into the water. That instant some ten or fifteen mounted men galloped up and commenced firing upon them. A high north wind was prevailing at the time, aiid the report of the guns could not be heard, but the smoke of each discharge could be distinctly seen. The two men after they sprang into the water were lost sight of. By the splashing it appeared that some of the men on horse back rode down into the water. In all some fifteen or twenty shots were fired. After about fifteen minutes spent in hurried preparation the party of horsemen rode away over the bluffs out of sight and all was quiet. No doubt could then be entertained as to the character of these mounted men; they were a party of hostile Indians.

The news of what had taken place rapidly spread, and by noon quite a* company of men had assembled. Preparations were at once made for crossing over. It was a dangerous, and in some respects, a fool-hardy venture. It might easily be that only a part of the Indians had left and that others were lying in wait in anticipation that more white men would come over. This was duly considered before it was decided to make the attempt; but the bare possibility that one or both of the unfortunate men might be lying concealed in the willows, wounded and needing help, overbore every other consideration. About half a dozen young men, as well armed as the circumstances would permit, crossed over. I regret that I cannot give the names of the men composing this party as they are deserving of all praise for thus risking their lives for the chance of aiding a fellow creature. They reached the other side without any difficulty save that from the cold and rushing waters of the river. The Indians were all gone and it was fortunate that they were, for, to say nothing about the great advantage a lurking party of Indians would have over men waist deep in that swift current, the revolvers of the white men, the only arms which they carried, were nearly all rendered useless by having been more than once under water. A rod or two from the water's edge, but screened from observation from the north side by an abrupt ridge, they found the remains of an Indian camp fire. Near this to their horror they discovered a fresh human scalp; by the color of the hair it was recognized as that of Shoulders. Strange that it should have been left here; it must have been dropped accidentally by the savage who had torn it from the head of the dying man. Some little search was made for the bodies of the two men but nothing further was discovered. The wind was now blowing a perfect gale from the north and very cold for the season; they were fast becoming so chilled and benumbed by the cold, that, fearing that if they delayed their return longer some of them would be unable to stem the current of the river, they at once abandoned the search and returned.

These tour deeds comprise the annals of our early criminal history. Nothing at all equal to them has since transpired in our county life, although the murderer's knife has occasionally all but accomplished the death of an enemy. This has almost without exception, however, beenowing to the effects of strong drink, and not to any natural criminal instinct.