Richardson County, Nebraska - Chapter 16, 1917 (part 1 of 2)

Chapter 16

^lemory harks back to the middle sixties, or the closing days of the Civil War, \\'hen Nebraska was yet a territory and the only means of transportation were navigation on the ^Missouri river, the stage coach, and the ox-train leading to Pikes Peak and Denver. My father was one of the original "tifty-niners," wh(j organized a colony in Buffalo, Xew \'ork, and finally located in Richardson county. He tarried on his migration for hve years at Detroit, resuming his journey in 1864.

The Journey To The West

The first lai) of the journey was to Ciiicago without incident; then from Ciiicago tu St. Joseph. [Missouri. On that part of the journey, which occurred during tlie Civil XYar, probably at Hannibal or Quincy, the railroad company deemed it expedient to place a military guard upon the train. Then the women and children were remo\ed to the rear cars and the male passengers and the military guard occupied the forward end of the train. An accident happened somewhere on the Missouri prairies, which made ii necessary to hold our train for repairs. We were laid up for several hours, during which time an old negro woman brought us food which, as I remember, was a heaping platter of fried chicken that tasted mighty good. Arriving at St. Joseph. I saw the first example of a well of the "old oaken bucket" variety, which was a marvel to me.

The last lap of our journey was made on. what I considered at that time, a palatial steambtiat on the ^Missouri rixer from St. Joseph to Arago. We landed at .\rago on a bright October forenoon, when 1 was a lad of eight years, and we and our baggage were hauled by Frederick Lntz to the hostelry or ta\eru of Nicholas Lippold. Inquiry on the part of m\" father revealed the fact that tliere was no vacant house to be had in the town, but through the kindness of Gust DuerfekU we were provided slielter at his farm liouse, seven miles in the country, where we remained for sixweeks.

During this period of six weeks, I received an impression which has remained with me. Mr. Duerfeldt was the cabinet- and cofifin-maker for the immediate vicinity. I witnessed his making of a cofifin for a child from the planing of the rough walnut boards to the finished lining of the burial case. I also attended the funeral, and was shocked to see an ordinary, mud-covered farm wagon serve as an im]:)ro\-ised hearse.

Early Arago

Returning to Arago, after a sojourn of six weeks in the country, we found shelter in Arago. Arago was then the metropolis of Richardson county and southeastern Nebraska, boasting at the zenith of its prosperity a population of some fifteen hundred souls. Arago at that time had a steam saw and grist mill, a brewery, a distillery, a porkpacking house, second largest in the state; two hotels, a shingle manufacturing concern, a tin shop, operated by J. O. Wirth, father of the present president of the Falls City State bank; two harness shops, a shoe shop, three blacksniith shops, operated by August Neitzel, Sr., Valentine Schmidt and William Boellert; two wagon-making shops, the one operated by Theodore Hoos and the other by William Boellert; a furniture factory, general merchandise stores, conducted respectively by F. D. Moelman, Louis AUgewahr. Charles F. Walther. Peter Frederick, Sr., N. J. Dickson & Co., Patterson, Metz & Co., Metz Bros., F. W. Burchard, P. B. Miller, William F. Neitzel and Weixel & Westheimer; a newspaper called the Southern Nehraskan, whose editor at one time was N. O. Pierce; also school houses and churches. Houses were built largely of native lumber, the siding being planed by hand and the sashes and doors hand-made. It was not an uncommon thing at this time to see oxen being shod at the blacksmith shops.

it was no uncommon thing to see some four or five steamboats tied to its wharf at one time. It is noteworthy that tlie ox-teams heretofore mentioned, the wagons of which were manufactured m Arago (immense freight wagons with a capacity of nearly half a carload), were loaded at Arago with grain, meats and other produce. They formed caravans, comprising a dozen or more wagons, which took their Western way and connected with caravans within the semi-civilized zone in and about Beatrice, for it must be remembered that this was during the days of frequent Indiana raids and these ox-trains were obliged to go in numbers as a protection from the Indians. Charles Pribbeno, Sr., was an old freighter and won the soubriquet of "Pikes Peak Charlie." He had for drivers, Fred W. ]\Iiller, Plenry Miller. Charlie Nitzsche, and others, residents of Arago. Usually two round trips were made during the year.

My father soon obtained employment in the general merchandise store of Frederick Zimmerman. After some months, he was appointed general manager of the Farmers and Mechanics Store at Rulo, but finding the business insolvent, he wound up afifairs there and returned to Arago, where soon after he opened Arago's first drug store. I thus became identified with the drug business at the early age of ten years, and continued in thai capacity with some few interruptions until I was twenty. In this capacity I came in close touch with the physicians of this county, and on this account I have been requested to make this report.

Physici-Ans Of Arago

Before our arrival at .\rago there had been a resident doctor with a French nSlne which I cannot remember, for he remained but a short time. St. Stephens, a mile to the north, supplied the medical wants of Arago for a time in the persons of Doctors Whitmire and Shepard. Dr. David Whitmire came to St. Stephens in 1855 and removed to Rockport, Missouri, in 1866, where he died. Dr. J. T. Shepard came to St. Stephens about 1865 and married Sarah Dixon, sister of N. J. Dixon, who was a merchant in Arago and who built the west brick building now standing there. He removed to Arkansas City, Kansas, about 1875 ^"^ ^^'^^ last heard of in that place. To the best of my knowledge, these were graduated physicians.

Dr. Russell Peery came from Peru, Nebraska, in a covered wagtm. He soon associated himself with my father, F. W. Burchard, in the drug business, under the firm name of Burchard & Peery. After a few months, mv father purchased his interest and Doctor Peery departed. The onl\ trace the writer has of his subsequent movements is that one of his sons. Matt Peery, became a doctor and was located at Elk Creek, Nebraska.

The next physician to arrive was Dr. C. F. Luja, who came in 1866 and, who was a German physician of high class, educated in Euro])e. He was young and fully abreast of the times at that date, and he did a valuable service to the jjeople of Arago and vicinity, having a widely extended practice there for many years. He removed to Rockport, Missouri, in 1875. and returned to Falls City about 1899, where he died in September, 1900. and was buried beside his wife, Nancy Luja, in Rockport, Missouri. He had married Nancy Story about 1867, who was a daughter of Stephen Storx , of St. Stephens.

Dr. F. P. Seclor arrived in about the year 1868. 1 believe that he was a graduate of Ann Arbor, Michigan, and came to Arago from Detroit. At any rate he was a high class physician and gentleman, and has done service in the Civil War as an army surgeon. He removed from Arago to Cheyenne, Wyoming, where he was reassigned to military service at the army post of that place, and afterwards moved to Tampa, Florida. He was a Mason of high degree.

The next to locate in Arago was Dr. W. F. Conwell, who practiced there from 1873 to 1879, when he went to the northern part of the state, linally locating at Neligh, Nebraska, where he now resides.

Doctor Meinhardt was a resident doctor during the fall of 1876 and the spring of 1877. At that time Dr. George Koenig located in Arago, and resided there for two years when he retired to a farm about two miles out of Arago, which he worked, continuing a more or less intermittent practice, up to the time of his death, about 1912. .

Dr. J- D. Hunter came to Arago from Highland, Kansas, in the summer of 1875, an undergraduate, practiced for a short time, and then went to Keokuk, Iowa, where he graduated in 1876. He then returned to tliis county, locating in Falls City, where he practiced until the time of his death, which occurred in 1883. He married Minnie Mvers, daughter of W. H. H. Myers, of Falls City.

Dr. C. T. Burchard went to Chicago, matriculating in Rush [Medical College in October, 1876. After taking a winter course in 1876-7, and a spring course in 1877, he returned to Arago on July 4, 1877, for the purpose of spending his vacation. A wide-spread and maligmant diphtheria epidemic springing up in .\rago and vicinity, he was prematurelv pressed into service on account of a shortage of doctors, and he continued there in general practice until October, 1878, when he returned to Rusli Medical

College for the winter term, oraduating February -'5. 1879. He returned to Arago, where he remained until December of the same year, when he located in Buchanan county. Missouri. In December, 1881, he again returned to Arago, bringing with him his wife, and remained there until March i. 1884, when he removed to Falls City and has since permanentlyresided there. Doctor Burchard bears the distinction of having- brought the first fever thermometer, the first hypodermic syringe and the first obstetric force]5s to Arago, also having done the first tracliei>toniy in that section of the coimty.

Physicians At Falls City

.Vmong those who have mo\ed away and are known to have achiexed success professionally or otherwise are Drs. A. B. Newkirk and C. W. Bryson, who both went to Los Angeles and have there built up substantial practices. Dr. D. ^^'. Campbell removed to .\tchison, Kansas, about the year 1886. where he married in .\tchison and Imilt up a sulistantial practice and is in very comfortable circumstances. He has been a Burlington surgeon there for some considerable time. Dr. H. L. Randall, some years ago. was appointed to the position of surgeon in the Soldier's and Sailor's Home at Grand Island, and he filled this position with satisfaction until he was forced to retire by reason of failing health and vision. His wife was matron of the institution. Dr. G. C. Paxton moved to Idaho some years ago, where he has attained remarkable professional and financial success. Dr. G. W. Griffitlis left Falls City, receiving an appointment to the asylum at Lincoln, where he occupied the position of third assistant. Succeeding in this, he was appointed superintendent of the Institution for the Feeble-Minded at Beatrice, which position he has satisfactorily filled to the present time. Dr. W. S. Fast was ap])ointed superintendent of the Institution for the Feel)le- Minded at Beatrice, in 1913, by Governor IMorehead. This place he filled so satisfactorily that the state board of control deemed him eligible for promotion, and placed him in charge of the Ingleside Hospital for the Insane, located near Hastings, in 1916. This in.stitution is the largest of its kind in the state, and under Doctor Fast, its present management is perfectly satisfactory. It was his removal fnmi Beatrice which created the vacancy which was filled by Doctor Griifiths.

Those practicing medicine in Falls City at the present time are as follow: Drs. C. T. Burchard, H. R. Miner, M. B. Wilson G. W. Reneker, \\'. R. Boose, J. M. Greene, H. D. Burchard, E. R. Hays, Sadie Doran. C. L. Hustead, O. F. Lang, C. V. Fordyce, S. D. & Lee Cowan and H. .M. Harvey.

Those known to have practiced in Rulo are the following: Drs. JNIoses Jeffries, John S. Jones, J. B. Samuels, Neal. Knic, J. G. Walker, J. C. Shepard, I''. C. Wiser and R. G. Henderson. Doctor Shepard and Doctor Henderson are located there at the present.

Those known to have practiced medicine in Barada are as follow : Drs. I. N. Williamson, G. C. Paxton, W. S. Fast, G. W. Reneker, S. A. Van Osdel, Wiltse, D. D. Leeper, Maust. J. F. Stone and J. H. Blomenkamp. Doctor Blomenkamp is the only representative of the profession in Barada at the present.

Doctor Cloyd achieved distinction after leaving Shubert by being chosen medical director of the Ww)dmen of the World, with offices in Omaha, (28) whicli position he has occupied for several }-ears. Doctor Sutton was verv successful in a professional and financial wa}' and his friends were legion. After leaving Shubert, he went to Scotland and England, doing post-graduate work, and then came back to this country, located a while in St. Joseph, and later somewhere in California, where he died a couple of years ago. Dr. W. E. Shook is the present medical representative in Shubert. He succeeded Doctor Sutton, purchasing his practice. Doctor Shook has l)een very successful professionally and is universally loved and respected.

Cottage Grove is a rural cross-roads lying about four miles north and east of Verdon. Besides being known as Cottage Grove, it has been known by the Flowerdale in the long, long ago, so named by the Doctors Baker. The doctors known to have been in practice there are the Drs. Baker, father and son, C. R. Baker and Ira Baker; Doctor Rockell, who resided there in 1867, and Dr. H. L. Randall. There are no medical representatives in Cottage Grove at present.

One of the most interesting women of the early days of the west end of the county was Mrs. Mary E. (Russell) Quick, who for more than twenty-five years ministered to the sick as a physician and nurse. She was one of the first physicians in that part of the county. Mrs. Quick was born near Brooklyn, New "^Ork, .Vjiril 12, 1817, and was married to Simon Quick, later the first merchant at Elgin, Illinois, September 2^. 1837, at Hamsonport. Steuben county, Xew ^'ork, and in the spring of 1838 they moved to Elgin, Illinois. ' In 1854 the family, now increased by five sons, moved to Stanberry Point, Iowa, where they resided until 1867, when they removed to Humboldt, in this county. She died, April 7, 1895, at the age of seventy-seven years, eleven months and twenty-five days. She was a most lovable character and, because of her superior ability and wonderful strength, rendered a wonderful service to the pioneers of the west end of the county. She was the most noted of those of her sex who have ever attempted the practice of medicine in Richardson county and the memory of her great service lingers still with those residing in that section.

Piiy.Sicians Of Humroldt

Humboldt in 1869 and, in connection with his practice, ran a drug store. The Doctor had a very extensive practice for a number of years, often being called into Nemaha, Johnson and Pawnee counties. Several years ago he retired from practice to devote his time to his extensive real estate holdings, he being one of the largest landowners in the county. His place of business is at the northwest corner of the public square and is one of the oldest landmarks in Humboldt.

Dr. P. F. Patrick, a gratluate of Keokuk Medical School, located in Humboldt in 1872, where lie practiced his profession until the time of his death, about 1883. Doctor Patrick was regarded as a very successful practitioner and. at that time, was ranked as one of the foremost surgeons in southeast Nebraska.

Dr. J. Russell Morris came to Nebraska in 1879 and located on a farm near the Pleasant View church and for a number of years did a large practice at that place. He moved from there to Humboldt about the year 1892 and, from that time until the date of his death, in the year 1913, enjoyed a very extensive practice.

Dr. J. G. Cox was a native of Kentucky, born in 1814. He received his literary education at Hanover College, Indiana, and attended the medical department of the University of Kentucky, at Louisville, in 1851-2. He practiced one year in Kentucky and in 1853 went to Jacksonville, Illinois, where he was united in marriage to Rebecca Galbraith. In 1869 Mrs. Cox died leaving three children, Samuel D., Kate M., and Sallie L. In 1872 Doctor Cox came to Humboldt, where, in 1879, he was married to Hesikiah Cornelius. He was under General Taylor in the Mexican War and saw service in the battle of Buena A'ista. In the Civil War. he was assistant surgeon of the One hundred fiftieth Regiment, Illinois Volunteer Infantry. He retired and mo\ed to his farm near Humboldt in 1883. He died in Humboldt in 191 1. Doctor Cox was a man of fine character, a good practitioner and an honor to the profession to which he belonged.

Dr. A. L. Williamson located in Humboldt immediately after his graduation from the College of Physicians and Surgeons at Keokuk, Iowa, in 1883, and continued to practice his profession up to the time of his death in 1903. Doctor Williamson did a very extensive practice and was regarded by his patients as one who took great interest in their welfare. He never was known to turn a deaf ear to the sick and often gave of his time and skill when he knew that all that he would ever get for his services was the satisfaction of having done his duty.

in Humboldt. After his graduation in Jefferson Medical College, Philadelphia, Pennsylvania, in 1877, he practiced in Pennsylvania for two years, when he removed to Humboldt in 1879, where for a numl^er of years he enjoyed a large practice He then moved back to Pennsylvania, where he remained for about one year, when a call of the West again Ijrought him to Nebraska, where he located in Falls City, remaining there in active work until his death in November, 1896. The Doctor was regarded by his colleagues as one of the leading members of the profession. He was married to Phoebe Unland, and to them were born three children, une of whom is Dr. E. R. Hays, now of Falls City.

Physicians Of Dawson

Dr. J. D. Terry was the first doctor to locate in Dawson, in 1873. The town was then known as Dawsons Mills, and consisted of a mill and a postofifice. Dr. Terry remained there only a few months, when he left for another field. Then came Dr. W. G. Hanlan. who enjoyed a large ])ractice for a time. Imt dissipation got the best of him. and in 1886 he was killed in a pistol fight by one Frank Clark.

Dr. J. A. Waggener, who is better known to the profession and ha? a wider circle of acquaintances than any doctor in the county, located in Dawson in the spring of 1879, where for six years he practiced his profession, and in connection with his practice operated the first drug store in north Dawson. In the spring of 1885 he sold his store to Jacob Auch, and moved to Sumner county, Kansas, where he invested in one of those "fl\- towns." This was during the boom days of southern Ivansas and it is needless to say that the boom "busted" and so did the doctor. In the spring of 1886 he returned with his family to Nebraska and located in Humboldt, where for four years he enjoyed a good practice. He then was induced to move to Bern, Kansas, buying the practice of Doctor \Vright, the only doctor in the town. Here the doctor enjoyed a very large practice for four years. At that time there were many wide-open \\hiskey "joints" in the town and. as the doctor had a family of boys, he felt that it would be better to bring them up in a place where temptations to drink were not so great. Selling out his business in Bern, he moved again to Dawson, where he remained until Januarx-. 1907, when he nio\e(l to Humboldt and bought the j-ractice of Dr. Al. L. Wilson, now of l-'alls City. The doctor's practice then grew to such proportions that he was no longer able to attend to it all alone, and he induced his son, Dr. W. R., then located at Blair, .Nebraska, to join him in partnership. They remained together in the practice until the fall of 191 5. when he turned tlie business over to liis son and accepted the unanimous call of the board of state institutions to take charge of the Soldier's and Sailor's Hospital, at Grand Island, which position he held until he was forced on account of ill-health to resign. He again returned to Humljoldt, where he hopes to regain his health. He will then again enter the ])ractice of his profession to which he has belonged for more than forty-two years. He has three .sons, all of whom are doctors.

Another of the very successful doctors to locate in Dawson was Dr. T. H. Emnierson. who located there in about the year 1886. He died in the year 1894. Dr. A. E. Burgher also located here in 1902, when, after some ten \-ears of successful practice, he removed to" St. Joseph.

Dr. G. C. Paxton was another to practice in Dawson. He moved to Falls City from Missouri with his parents in 1868, later graduating from the medical school at Louisville, Kentucky. He then took a course at the Nebra.ska State University and practiced at Barada, Dawson and Falls City. After practicing at the latter place for a number of years, he removed to Rigby, Idaho, where he has been most successful financially and professionally. He was reared from a boy in Richardson county.

A history of the doctors who have lived and practiced their profession in Richardson county would not l)e complete without reference to the late Dr. John R. Brooke, who located in Salem in the year i860. At that time he was the only doctor for miles around. The country l>eing sparsely settled, much hard work was entailed in reaching his patients, for he had to travel altogether on horseback. In order to reach his patients, he was frequently compelled to travel thirty or forty miles through snow drifts and bhzzards, fording creeks and quagmires, often with no hopes of ever getting pay for his services. Still he did not murmur, but was glad to give of his time and talents to those in distress. He was a man of fine mental attainments and possessed a powerful physique, steadfast in his convictions and an ardent supportei" of Democracy. In the early history of the state, he was a candidate on the Democratic ticket for Congressman from this, the hrsi congressional district. At that time, the district was overwhelmingly Repuhlican and, as a consequence, he suffered defeat. His death occurred when he was over eighty years of age, at Salem, after a residence of more than forty years, leaving l^ehind him much to l)e recorded in commendation of a very useful life.

Dr. C. Kinne\- was another of the early practitioners of Salem, wliere he located in 1871, and for a number of years was regarded as a very able_ physician. He afterwards moved to Lincoln and engaged in practice there up to the time of his death, some eighteen years ago.

Dr. J. W. Heskitt located in Salem in 1884 and is still there, where he had, up to a few years ago, enjoyed a large practice, moving at that time to his farm. The doctor bears all of the characteristics of the old family doctor, knowing every person, young and old, living in his district, and can call them by their first names. He is the father confessor of whole families and commands more respect from the children than the President ever will.

Doctor Pollard and Doctor Smith are two other physicians doing business in Salem, locating in recent years. Other physicians who practiced in Salem are Drs. Clinton Day. J- T. Waltemeyer, L. A. Delanney and J. E. Waller.

Physicians At Verdon

The first doctor to locate in Verdon was Dr. J. T. ^\'ebster who. after a few years practice there, moved to Emporia, Kansas, where he died about the year 1886.

Doctor Callison was another to locate there and, in connection with his practice, operated the first drug store in the town. The doctor died there several }'ears ago.

Dr. I. M. Houston did his initial practice in Verdon, married the daughter of Doctor Callison, and afterwards removed to Falls City. Dr. D. M. King was another to locate there in the early history of the town, and for a number of vears was the only doctor in the place. He was a soldier in the Civil War. He died in Verdon a number of years ago.

Dr. I. H. Phillips practiced for a while in Verdon, coming to that place from Iowa. He married the widow of Ed. Goolsby, moved to Wyoming and later to Seneca, Nebraska, where he now resides.

Doctor Thomas and Drs. J. W. Bourne and Geb Hall were other physicians who practiced in \'erdon. Doctor Hurka is the only physician located in \"erdon at the present time.

Physicians At Stella

Dr. J. .\. W. Hull was the first doctor to locate in Stella and was the first to build and operate a drug store. For a number of years he did an extensive practice and was regarded as one of the foremost doctors in the county. He died about the year 19 13.

Dr. B. B. Andrews was another of the leading physicians and surgeons of that place for a number of years and ranked as one of the leading surgeons of southeast Nebraska. Later he moved to Oklahoma and, after several years residence there, returned to Nebraska, locating in Brownvillc, where he died in 1915.

Dr. A. W. Montgomery located in Stella in 1898, where he has liad a very successful practice. He stands high in his profession and, at the session of the State Medical Association, was elected vice-president of that body. Also on this occasion he was elected president of the house of delegates and presided over that l)ody.

Office-Holding Physicians Of Richard.Son County

Since the creation of Richardson county, several of its physicians have received official appointments or have been elected to office. During the session of the stale Legislature in 191 7, Dr. George W. Reneker served as representative in tlie lower house.

County Insanity Commission

Physicians of the insanity commission of Richardson county, which was organized July 24, 1873, are: Dr. H. O. Hanna, July 24. 1873-1877; Dr. J.

United States Examining Surgeons For Pensions

Dr. W. W. Shaw received an appointment as examining surgeon shortly after the close of the Civil War, which position he filled up to the time of his death, about the year 1883. The first board of surgeons organized for Richardson count)- consisted of Drs. E. M. Wilson, D. ^^^ Campbell and C. \\". Bryson.

The present personnel of the toard is Dr. M. E. Wilson, president: Dr. W. R. Boose, treasurer, and Dr. C. T. Burchard. secretary. It is wortliy of note that Doctor Burchard has occupied the position of secretary, witli a brief interval of a few months, since his appointment in 1886.

Railroad Appointments

To the l)est of the writer's knowledge. Dr. A. 1>. Xewkirk was the first surgeon to the Burlington railroad, then called the .Vtchison & Xe- braska railroad, later the Burlington, Missouri River & Nebraska, and at the present time, the Chicago, Burlington & Quincy. He resigned his position in 1889 and was succeeded by Dr. C. T. Burchard, who has held the appointment to the present time and is now in his twenty-eighth year of service.

The Missouri Pacific railroad was built about the year 1881. Its first surgeon, so far as the writer knows, was Doctor Woods of Kansas Cit\'. Doctor Woods was succeeded by Dr. D. W. Campbell, who moved a wax about the year 1886. Dr. C. T. Burchard was then appointed and held the position for twenty-five years, but was succeeded at the end of that time Iv Dr. W. W. Trotter, a protege of the chief surgeon at St. Louis. When Doctor Trotter removed to Iowa, the vacancy thus created was filled by th<j appohitment of Dr. W. R. Boose, who now holds the position.

Councilor To The State Medical Association

Dr. T- A. Waggener, of Humboldt, about the spring of 19 12 was chosen a member of the board of councilors by the State Medical Association for this councilor district, comprising the counties of Richardson, Pawnee, Gage. Johnson and Nemaha, and automatically became a member of the board of councilors, which is the high official body in the State Medical Association. This is the highest official ix)sition within the gift of the state association, with the exception of the presidency. Other councilors for this district have been Drs. J. W. Bullard and A. B. Anderson of Pawnee City, and Dr. I. H. Dillon, of Auburn.

State Board Of Health

Through the kindness of Gov. J. H. Morehead, Dr. C. T. Burchartl was appointed a member of the board <;f secretaries to the state board of health, serving four years from 19 13 to 191 7.

United States Army

Dr. C. P. Fordyce, acting surgeon for Company E, Sixth Nebraska Volunteer Infantry, stationed at Falls City, also occupied the position of surgeon to the Soldiers and Sailors Home at Grand Island, Nebraska, during the years 1913-14-15.

In The Medical Profession

The conditions prevailing in the pioneer days over iifty years agewere very trying so far as the doctors were concerned. Travel in the earlier days was by horseback or on foot and frequently the roads were but trails. Bridges were the exception and streams usually had to be forded. There was little fencing and no such thing as section lines. Later as roads were imprcjved, buggies became practical and were put in use. This is in marked contrast with the present means of rapid and lu.xurious transportation 1)\ automobile on better roads. When good, permanent roads become universal and the flying machine is made practical the doctors' millenium. so far as transportation is concerned, will have been reached.

Vaccination A Half Century Ago

Medical practice a half centur\' ago was in its crudest stage. I remember vividly the first smallpo.x vaccination that it was my privilege to witness. On entering the doctor asked the lady for a plate, which he turned upside down and .spat upon its upturned bottom. He took from his vest pocket a vaccine scab, which he unrolled from a piece of newspaper, placed in the sali\a on the bottom of the plate and rubbed it around until sufficient liquefaction had taken place. He then scarified the vaccine site and completed the operation in the usual way. A doctor guilty n{ such methods at the present day would be mobl>ed.

It was also my privilege to witness some few surgical operations. I have seen amputations made with the crudest instruments, for instance. -a pair of large, heavy tailor's shears, which were used to sever tones in place of the usual bone-cutting forceps. I have also seen ordinary meat saws used for the same purpose on larger bones, in place of the small, neat saws of the surgeon. I remember seeing a case of fracture of the leg below the knee being treated by tb.e constant application of ice for a period of three weeks. It is needless to say that such treatment proved destructive to the soft tissues. There were immense sloughs in this case and the man had to suffer amputation to preserve his life.

There has Ijeen a very great change in medical and surgical i)racticc since then and now. Forty years ago, it was the teaching of surgeons thai there were three cavities of the body which the surgeon must refrain from entering-, namely, the skull, the abdomen and the knee joint. Through the discoveries and teachings of Sir John Lister, of England, surgical practice was revolutionized when he introduced antiseptics into surgical practice. It was my privilege to witness alwut the first surgical operation performed in Chicago in the spring of 1879, under a constant spray of carbolic acid solution, done by Prof. Moses Gunn, of Rush Medical College, at one of his clinics. Since then, rapid changes for the better have taken place. Finally it was learned that the same results or better ones could be obtained under aseptic or surgically clean conditions. There is now no portion of the anatomy which the surgeon does not invade with impunity so far as fear from sepsis is concerned.

Advances In Medicine

Along medical lines great advances have also been made. The first of particular importance I might mention was the discovery of diphtheria antitoxin. Since this has come into use, diphtheria has lost its terrors. Numlier of other antitoxins, serums, vaccines and autogenous vaccines, each having a proper place in the physician's armamentarium, have come into use. The microscope and X-ray have each played an important part in securing accurate diagnosis. During the last two decades, the trained nurse has done nuich to mitigate the doctor's worries and responsibilities.

This narrative would be incomplete without the mention of a terrible epidemic of Asiatic cholera which made its appearance in this county during the summer of 1867. In the family of John ,Smick, there occurred a sudden death of a child. Mrs. Smick, being a second wife and the steptuother of this child, came under suspicion of having poisoned the child. An autopsy was decided upon, which was performed by Dr. C. F. Luja, assisted by Dr. Rockwell of Cottage Grove. In a bottle, the contents of the stomach of the child were placed, which was intended to be sent to St. Louis for analysis. Ere diis was done a second child died, then Mrs. Smick died and finally Mr. Smick. These deaths occurred in rapid succession and suspicion was removed from Mrs. Smick. she having preceded her husband, and the anal>'sis was never made. Simultaneously deaths occurred in dififerent localities, some in the countrv and quite a number in the towns. I remember that our neighlxir, Mr. Melhorn. who lived just across the street from us, was perfectly well one evening and a corpse the next morning. He was the father of Martin Melhorn, who lived in Falls City for a number of years, and was interested in the real estate business with Henry C. Smith. The scourge lasted some two months, during which time the dread disease took considerable toll. During this time, my father was in constant attendance at his drug store day and night.

Much has been accomplished in the way of prevention of disease, especially during the last two or three decades. There is a very notable falling of¥ in the ravages of the so-called "summer complaint" of infants and the summer diarrohea among adults. In the earlier days Richardson county was a malarious district. Everj^one coming to this county became the victim of fever and ague, and usually it was not until he had become acclimated that he l>ecame free from this disease. In all diseases of whatever nature, malaria played considerable part and no drug treatment proved efficacious without the addition of quinine. Since then the direct cause of malaria has been discovered, the carrier of the poison being the mosquito. The same may be said of yellow fever in the tropics.

Weeding Out Quacks And Charl.Vtans

In the pioneer days of half a century ago, all was chaos so far as matters medical were concerned. He who proclaimed himself doctor was by reason of such declaration a doctor. There was no more regulation of his practice or restrictions imposed upon - him than there was in the sale of ardent spirits. Hence it was that we had many "quacks" and charlatans in the so-called profession. Matters continued thus until the year 1881, when by the enforcement of the provisions of a legislative enactment, all doctors were required to register. There were three conditions under which they were eligible for registration : first, the possession of a diploma from a recognized medical school; second, attendance upon one course of instruction at a recognized medical school plus five years in practice; and third, ten years of practice without any college experience. This naturally weeded out some of the worst examples of so-called doctors.

Ten years later there was another legislative enactment, going into effect in 1891. This act required all doctors operating under the registration law to make application for a license to practice medicine, surgery, and obstetrics. Later, this law was amended so as to provide that all graduates of medical colleges were required to pass state board examinations.

In the present day, college requirements are much greater than at an\ former time. Many of the better colleges now retjuire the matriculant to have an academic degree or to have had university education covering at least two years, so that the time now required graduate a medical man covers about six years. It is needless to say that the finished jjroduct of today is much superior to that of half a century ago. Nevertheless, my experience as a member of the examining board of the state board of health, or licensing board, if you please, shows that quite a percentage of the graduates of medical colleges are deficient at the time of their graduation. State licensure, therefore, forms quite a protection to the public against unqualified physicians.

Early Medical .Societies In The County

Half a century ago, there were no such things as medical societies in this immediate section of the country. The earliest knowledge I have of any attempt to form a medical society in this section is that related to me by my friend and colleague. Dr. J. A. Waggener of Humboldt, who tells me that in the year of 1879, there was an attempt made to organize a medical societ\' at Humboldt, in which he and a Doctor Patrick were specially interested. This society was called the Nemaha Valley Medical Society. In 1879, I rememljer attending the meeting of a medical society. It may have been the same medical society, or it may have been a society of another name. This was in Falls City, and I rememljer among those in attendance were the late Drs. H. O. Hanna, W. W. Shaw, and J. D. Hunter.

The next medical society I remember oi attending was called the Southeast Nebraska Medical Society. It was supposed to include some three or four counties in this corner of the state. Dr. A. B. Newkirk being its organizer. This was in the year 1883. I remember on this occasion that efforts were made to compel a woman doctor to cease practice on the grounds that she was not registered. An attorney was employed to prosecute the case, but the case never came to trial. It was ridiculed out of court through newspaper infiuences, largelx- on account of the defendant being a woman.

Spasmodic eft'orts were made from time to time t(5 start and maintain medical societies, but these failed for one reason or another, until the \ear of 1903, when there was organized in Falls City the Richardson County Medical Societv in affiliation with the State Medical .V.s.socialion. The state association, realizing the transient and unstable character of local and county societies over the state, deemed it advisable to take the coiint\ associations under its wing-. This was true, not only of Nebraska, but of all nf the states of the union. The state associations were responsible to and in affiliation with the .\nierican ]\Iedical Association, the great national bod>- of the United States, so that a member gaining admission to a county medical society automatically became a meml>er of the state association and the national body.

Up to the spring of 1910 some undesirable members had gained admission to the society, which caused some disaffection and threatened its disruption. It was deemed best to permit the society to die a natural death from nonpayment of dues, thus forfeiting its charter, with the view <^f reorganizing under a new charter at some future time. This was done under a new charter on April 9, 191 2, at a meeting held in Humboldt in the office of Drs. Waggener & \V'aggener, with the following as its charter members: Dr. J- A. ^^'aggener, president and delegate; Dr. A. Kellar, vicepresident: Dr. W. ]\. Shook, secretary and treasurer: Dr. C. T. Burchard. Dr. M. L. Wlhon. Dr. \\'. R. Waggener, Dr. C. A. Brink and Dr. .\. \^". Montgomer\-, censors.

In our pre\-ious experiences in conducting medical societies, regular licensure had l)een the only ^est for eligibility. Realizing that this test proved inadequate to the vitality of this societx-. it was resolved that in conducting the .society in the future, we would make character, integritx and ethics the test as to eligibility, and the censors were duly instructed to approve applications only on the applicants who measured up to these requirements. The result is that the cream of the profession has representa.- tion in this present society. The following memliers ha^'e since been added :

This chronicle opens with reference to the Civil \\'ar,'the great conllict hetween the Xorth and the Smith, which rent the nation in twain, its line of demarcation being Mason ond Di.xon's line, and which created a breach that has taken three score of years to bridge. The fates decree that this history will close widi reference to another war more terrible than any of the wars which have preceded it, a war in which have been utilized craft on the sea, under the sea and the sea; and on land, engines of destruction discharging not only shot and shell but poisonous and blinding gases wliich have prostituted science and taxed the very demons of hell to devise. This colossal war involves the great nations of two hemispheres, arrayed as I)elligerents.

The former war, during its prosecution, made great drafts upon the medical and surgical talent of this, the new world, and the profession nobly responded. Today the world is making huger drafts on the profession of all the nations involved, for Europe has been unequal to the exigency. The deficiencies to some extent have heretofore been supplied by this countrw and it has been left to America ingenuity to devise a treatment for wounds in which chlorinated lime has been the basic antiseptic. T refer to the celebrated Dakin-Carroll treatment, adopted so far as I know by all the belligerents. At the present time Washington oills for thirty thousand surgeons. Up to this time the United States has contributed not more than one-third of its (|uota and it is deemed tjuite jMSsible that the draft or conscription of doctors may be necessary to supply the remainder. Every city, town and hamlet has felt the efifect of this drain, and a numljer of physicians of this county and society have signified their desire and intention of doing thi> service. Drs. H. R. Minor, S. D. Cowan and O. F. Lang have received commissions and will go to I'^rance. Doctor Minor's wife, who is a trained nurse, will accompanx him to France and serve in the American hospitals. It must be remembered that the doctors entering the hospital and marine service must be souikI ])h^-sically and pass a more or less rigid medical examination. He must lea\e his home ties, his business and his otherwise pleasant pursuits to take on a duty >e\ere in its requirements and extremely hazardous in its conduct, requiring the most patriotic self-sacrifice and arduous work. There is no doubt but the American surgeon will respond to the call and, when this great, sanguinar\- conflict shall have ceased, when the final curtain is dropped upon the last tragic act and when the smoke has cleared away, I .may say with the utmost confidence that the American surgeon will have conducted himself with dignity, with good American common sense, with kindness anf! merc\- to his patients, and that he will have proven himself the [jeer of any of his European brothers. The world will adorn him with the stamp of its approval and, if one may indulge in imagination or si)eculation. He whom we are taught to belieye is omnipotent and guideth all things, we feel sure, will direct His recording angel in a spirit of benediction to write opposite every name, "Well done, thou good and faithful servant."

Cfiapter Xvii

Tlie task of writing- a chapter on the bench and bar of Richardson county is one l)est suited to an individual reared in the atmosphere of law offices and the courts. For one who is not versed in legal lore and phraseology, to attempt to give an authentic and readable history of the bench and bar is an appalling task and one from which the writer shrinks. However, die task has to be accomplished and will necessarily be done by a layman because of the fact that the talented and able attorney who had been selected for the task and who would have written a brilliant and entertaining chapter upon this very important department of the county's Iiistory, was called to the bosom of his Creator some months since. With due apologies to the members of the bar of Richardson county, the writer will present what facts he has been able to glean from the available records concerning the courts and lawyers of this county.

To the bench and bar, all acting under an oath of office, is confided the solemn and sacred trust and duty of vindicating, enforcing and carrying out the natural, revealed, common and statute laws of the land, which the sages of the law have defined to be the "rules of action, prescribed by a superior power, commanding what is right and prohibiting what is wrong." These rules of action, or law, have for their object the security and welfare of the nation, state and municipality, as well as of society in the aggregate, and the personal and property rights of the individual as a component part of the body politic - the common people. Law is also frequently and aptly defined as "common sense," and in our opinion, springs from the natural equity and conception of right in the innermost consciousness of a normal and well balanced human being, impressed on man by the Creator and finds expression in multitudinous, complex and often intricate rules of action laid down in the law now in force, for our go\-ernment. which has Ijeen built up and taken from the experiences and judgment of the soundest and l>est minds and hearts of the centuries that have gone before.

However wise, Ijeneficent and just the laws may be. much depends on the application of the law to existing facts of the case on trial and its proper (29) .

enforcement, to prevent a miscarriage of justice. It must l)e rememliered that all officers, from the highest to the lowest, are but human, moved l)y the same passions and prejudices as other men, and subject to the same liabilit}- to err; so, gentle reader, if you would l^e secure in your full rights under the law, see that the most available men of integritv, capacity, suitable temperament and sciuncl common sense, be chosen to administer and enforce the law without fe;ir, favor or oppression, always remembering that where the best results are not reached in lawsuits, the failure can ]k generally traced to the defects or weaknesses of witnesses, juries, attornex s or judges, and not to the laws themselves.

The Bench

'i"he "l)ench"' is a designation originally applied to the seat of the judges, when benches, instead of richly upholstered furniture, on which they now recline, was in use: and the term "bench'" was applied to the judges collectively, as a distinction from the attorneys and counsellors, who are called the "bar." Anciently, all, and now, many of the judges in the nations of the world, were arbitrarily appointed In' the king, prince, power or potentate governing the realm and held their office during life or the pleasure of their sovereign: and even now, in our own democratic republic, all federal judges are appointed l)y the I 'resilient. Judges so chosen are naturallv more or less subser\'ient to the power that creates them and the common rights of the peojile are thus greatly endangered; and there ha\e been many instances w here they have been grossly and arbitrarily denied.

In this free and enlightened nation, where the judges, or "bench." in all the states are chosen by the ballot of the citizens at their general elections, and, recently, without regard to political consideration or the intrigue of political parties or jjoliticians, the common people are supreme in their ballots and can have an intimate knowledge of the honesty, integritv, cajiabilit}- and temperament of the men whom thev ele\ate to these \-erv important trusts. Few mistakes are made in their selections and when madi;. the peoj)le stand ready to yield them a cheerful, respectful and courteous obedience, wiiile appl\ing the law that governs them, which, of necessity.

gives them almost autocratic power over their hves, ]jn)perty and Hherty, subject to review only by a higher court; and in many instances of discretion and weight of evidence, their decision is final and cannot be reviewed on appeal. An ignorant, a dishonest, a revengeful, an impetuous or a partisan judge is a menace to the rights and privileges of every citizen and it is a wonder that there are so few instances on record where this autocratic power has been abused, and for this reason there is a general feeling of respect and confidence in the judiciary that makes their duties and positions a pleasant task.

Authentic records bearing upon the early history of the judiciary of Nebraska are most remarkable for their scarcity. It is a comparativel\ easy matter to establish dates and the leading facts, but details are lacking. Even the early historians of the state seem entirely to have overlooked this branch of the state government and to have failed to avail themselves of the many opportunities at their command for procuring interesting details from the numerous participants in the proceedings of the courts during territorial days.

The organic act providing for the creation of the Territory of Nebraska declared tliat "The judicial pow^r of said territor\- shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, anv two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices (luring the period of four years and until their successors shall have been appointed and (lualified. The said territory shall be divided into three judicial districts and a district court shall be held in each of said district's by any one of the justices of the supreme court at such times and places as shall be prescribed 1)v law, and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them."'

In compliance with this section of the organic act President Pierce on June 29, 1854, commissioned Fenner Ferguson chief justice and Edward B. Hardin and James Bradley associate justices of the supreme court. .Acting Gov. T. B. Cuming made the assignment of districts provided for in the act. Under this arrangement Chief Justice Ferguson took charge of the first district comprising the counties of Dodge and Douglas. Judge Hardin presided over the second district, comprising all the territory south of the Platte river, and Judge Bradley took charge of the third district, which emlaraced W'ashington and Burt counties.

on February lo. 1855, the court convening in the hall of the House of Representatives in the historic old state house which stood on Ninth street between Douglas and Farnum. Chief Justice Ferguson and Justice Hardin were the only members of the court present. Under the authority of the organic act. Experience Estabrook had been appointed by the president as United States attorney for the territory and J. Sterling Morton was delegated to act as clerk of the court. These officers were present in court, but no business was transacted beyond adjourning until June, when court convened and the following attorneys were admitted to practice on motion by Mr. Estabrook : O. D. Richardson, A. J. Poppleton, A. J. Hanscom, Silas A. Strickland. L. I.. Bowen, A. D. Jones and Samuel E. Rogers. This constituted the only business transacted at that term of court and no further sittings were held until in June, 1857. From this time until the admission of Nebraska as a state very little of an historic nature relating to the supreme court seems to be in existence.

The chief justices of the territorial supreme court, following Justice Ferguson, were these, the dates being those on which their terms began. Augustus Hall, March 15. 1858; William Pitt Kellogg, May 27, 1861 ; William Kellogg, May 8, 1865. The associate justices ^*ere : Edward R. Hardin, December 4, 1854: James Bradley, October 25, 1854; Samuel W. Black, 1857; Eleazer Weakley, April 22, 1857: Joseph Miller, April 9, 1859; William E. Lockwood, May 16, 1861 : Joseph E. Streeter, November 18, 1861 : Elmer S. Dundy, June 22, 1863. The last-named. Judge Elmer S. Dundy, was well known to Richardson county people of the early territorial days and his territory included what is now Richardson count\-. When the territorial supreme court passed out of existence by reason of the admission of the state to the Union, the United States district court for Nebraska was created, and Elmer S. Dundy, an associate justice of the supreme court of the territory, was appointed by the president to the position of United States district judge for the district of Nebraska, this territory including all the territory within the confines of the newly-created state. Judge Dund\- held the position until his death in 1896.

Elmer S. Dundy was born in Trumbull c<iunty, Ohio, on March 5. 1830. and died on October 28, 1896, in the state of Nebraska, where he had long l)een a dominant and useful figure. His forbears came from Germany in the early part of the seventeenth century and settled in eastern Pennsvlvania and Maryland. The boyhood of Elmer S. Dundy was spent on his father's farm in Ohio and in 1850 the family removed to Clearfield county, Pennsylvania. Here young Dundy taught school for a number of terms and became principal of the schools of Clearfield, Pennsylvania. He studied lawwhile teaching and was admitted to the bar of his home county in 1853. He came to Nebraska in 1857 and after remaining at Nebraska City for a short time he took up his residence in Archer, the first county seat of Richardson county. Mr. Dundy removed to the new town of Falls City, when ii was laid out and lived there until his death. He served as a member of the Council of the Territorial Assembly in 1859 and was re-elected a member of the Legislature in i860. He continued to practice his profession at Falls City until 1863, in which year he was appointed associate justice of the supreme court of Nebraska by President Lincoln. His district at that time covered nearly one-half of the organized counties of Nebraska and extended from the Platte river southward to the Kansas state line. Court was iield twice each year and during the winter months a session of the entire court was held at Omaha, where the court sat in judgment upon such cases as were appealed or brought on writ of error from the several district courts. Upon Judge Dundy's retirement from the bench he practiced law for a year and was then appointed district judge for the district of Nebraska by President Johnson, in May, 1868. He held this office until his death, Octoljer 28, 1896. Judge Dundy was married in 1861 to, Mary H. Robertson, of Omaha, and to this union were born four children, E. S., Jr., May, Luna and a daughter, who died in infancy. Mrs. Dundy and her son, Elmer S., reside in New York City. Elmer, or Sciopio Dundy, as he was more familiarly known in Falls City, became the founder of the New York Hippodrome and of Luna Park in New York Cit}' and is now deceased.

Chief Justice Mason And Others

In the original state constitution, approved by a vote of the people of the territory at an election held on June 2, 1866, it was provided that the supreme court should consist of one chief justice and two associate justices, each of whom was to receive a salary of two thousand dollars per annum. It was also provided that the judges of the supreme court should hold the district courts of the state, and fi^r this purpose the state was divided into three districts, the first district comprising the counties of Richardson, Nemaha, Otoe, Johnson, Pawnee, Gage, Jefiierson, Saline, Fillmore and Nuckolls. .Vt the time the constitution was adopted William A. Little was elected chief justice and George B. Lake and Lorenzo Crounse were elected associate justices. Tudge Little died before having qualified and Gov. David Butler appointed Oliver P. Alason, of Nebraska City, to succeed him as chief justice.

Oliver P. Alason, Nebraska's first chief justice, came to Nebraska on July lo, 1855. taking up his residence in Nebraska City, which continued to be his home until the fall of 1874. He was born in Madison county. New' York, in May, 1829, and lived on a farm in that county until 1852. The following two years were spent in the .South in commercial business and he then took up his residence in northwestern Ohio, where he studied law, being admitted to the bar at Norwalk in 1854. He came to Nebraska in the following year and took an active part in public affairs from tJie time of his arrival in the new country. He was elected to the lower house of the Territorial Legislature in 1858 and in 1864 took his seat as a member of the upper house, known as the Council, serving in 1865 and 1866 as president of that body. He was one of the most active members "i the committee which framed the first constitution. June 15, 1867. he was a])pointed chi'^f justice of the supreme court and held that oftice until Januarv, 187J. After leaving the bench he practiced law until the time of his demise. In the spring of 1874 he moved from Nebraska City to Lincoln and that [)lace continued to be his home until his death, August 18. 1891.

Judge George B. Lake was elected chief justice in 187-' and held that position until a change was made in accordance with the terms of the constitution of 1875, which provided that the members whose term next expired should be the chief justice during the last two years of his term.

In 1872 Daniel Gantt and Samuel Maxwell were elected associate justices of the supreme court. Judge Gantt presided over the courts held in the first district and is best remembered by Richardson county people of that decade. He was the father of Amos Gantt. later a well-known member of the Richardson county bar.

The constitution of 1875 did awa\- with the custom which required the judges of the supreme court to preside at the district courts of the state and thereafter they devoted their attention solely to the business of the supreme court. Judge Gantt continued to hold the district courts of the first di.strict. which included Richardson county, until the adoptiort of the state constitution in 1875. The constitution made a temporary division of the state into judicial districts "until amended or changed by law."' creating six districts, the first district comprising the counties of Richard-^on. Johnson, Pawnee, Gage. Jeflferson, Saline. Thayer, Clay, Nuckolls and I'illmore. The first judge elected to preside over the first judicial district was .\rchil)ald J. \\'eaver. of Falls City, elected in 1873. re-elected in 1879. ami who resigned from the bench in 1883.

Judge Archibald J. Weaver

Judge Wea\"er came ti^ Xeliraska and located in Falls Citv in i86g and immediately began the practice of the legal profe.ssion. He was a member of the constitutional convention of 187 1, and was elected district attorney for the first judicial tlistrict in the same year. He was a member of the constitutional convention of 1875 and was elected judge of the district court in that same year, being re-elected in 1879, but resigned in 1883. He was elected a member of the Forty-eighth Congress, and was re-elected to the h'orty-ninth Congress. He was a man of fine intellect, of great force of character, untiring energ}-, unimpeachable integrity, possessed of generous impulses and an attractive jiersdnality. .\ complete biography of Judge ^Veaver is given in the last chapter, or l)iographical section, of this work.

Samuel Presley D.Widson

Judge Samuel Presle}- Da\itlson, of Tecumseh, was appointed tn fill out the unexpired term, upon the resignation of Judge ^\'eaver in 188 J. Judge Davidson served until 1883 and then gave way to his successor. Judge Davidson is one of the most distinguished and able lawyers of Nebraska and has been a resident of the state since 1872. He was born on a farm in Macon count), Illinois, October 8, 1847. and is a descendant of Scotch- Irish ancestry who immigrated from the North of Ireland to the American states after the Revolution, in 1800, and settled in the Carolinas. where his paternal grandfather, Andrew Davidson, served as a colonel in a South Carolina regiment during the War of xSi2. Andrew Davidson removed to Illinois in 1818 and in 1825 took a prominent part in the settlement of Macon county, Illinois. Samuel P. Davidson was educated in the common schools of his native county and studied for three years in Mt. Zion (Illinois) Seminar}-. He was graduated at the head of a class of eleven students from Lincoln University (Illinois) in June, 1869. While yet a student in college he read law under Judge W'illiam F. Nelson at Decatur, Illinois, and was adnfitted to the practice of law in April, 1870.

Judge Davidson arrived in Tecumseh, Nebraska, then a village of three hundred inhabitants, on December 7, 1872, and immediatel\- began the practice of his profession. For the past forty-five years he has practiced law successfully and is recognized as one of the leading members of the bar in the state of Nebraska and the Middle West. He has practiced extensi\el\ in all the district courts of Nebraska, the United States courts, the onri of appeals and the United States supreme court, to which latter tribunal he was admitted to practice on Alay 14, 1888. He served as judge of the district court from October, 1882, until his successor was duly elected and ciualitied. Judge Davidson is one of the honored and highly respected residents of the adjoining county of Johnson and holds a high place in the esteem and confidence of the people.

Judge Jefferson H. Broady

In 1883 the tirst district comprised the counties of Gage, Johnson. Nemaha, Richardson and Pawnee and during the election of that year Judge Jefferson H. Broady, of Brownville. was elected to preside over the first district.

Jefferson H. Broady was born on a farm near Liberty, Adams count\-, Illinois, April 14, 1844, of Scottish descent. When sixteen years old he entered high school at Payson, Illinois, and was graduated therefrom with honors. He became interested in politics and 'took a position as writer and reporter on the staff' of the Springfield (Illinois) Register. He decided to become a lawyer and witli that end in view entered the University Law School at Ann Arbor, Michigan, and was graduated from that institution on March 2y, 1867. In August of 1867, he came to Nebraska and located in Brownville, where he became a successful law practitioner, practicing in all the state courts and in the circuit and supreme court of the United States. Judge Broady"s unswerving integrity and the democratic simplicity of his manner made him very popular. He represented Nemaha and Richardson counties in the constitutional convention of 1875. in 1883 he was elected district judge on the Democratic ticket and was re-elected in 1887. In 1891 he declined the nomination by his party for the post of justice of the supreme court, preferring to retire from public life and devote his time and energies to the practice of law. He removed to Lincoln and resumed the practice of law in that city in 1891.

In 1885 the number of judicial districts in the state was increased to ten and in 1887 two more districts were added and a provision made for two judges to preside over the courts in the first district. In 1891 the state was divided into fifteen districts and the following counties were included in the first district : Ciage, Jefferson, Nemaha, Pawnee, Richardson

Richardson Countv, Nebraska

James E. Bush and A. H. Balacock, of Beatrice, were elected judges of the first district in 1891 and proved themselves to be able and conscientious judges. Both men were very popular on the liench and their terms were marked for the able manner in which the court business was disposed of.

John S. Stull, of Auburn, and Charles B. Letton, of Fairbury, were elected judges of the first district in 1895 -^^^^^ were re-elected in 1899, serving two terms with distinction and ability.

Judge C. B. Letton, of Fairbury, was born in Scotland, October 25, 1853, ^"^ spent his boyhood in Scotland and England. In 1869 his parents removed to America and coming at once to Nebraska, they settled on a homestead in Jefferson county. The future judge became a school teacher and in 1876 attended the State Normal School, after graduating from which he took up his residence in Fairbury. He took up the study of law and after being admitted to practice was elected city attorney. ^Vhen the countyattorney law was passed he became the first county attorney of Jefferson' county, holding that office for two terms. In 1889 he formed a partnership with E. H. Hinshaw, which continued imtil 1895, when Mr. Letton was elected to the district bench. He was re-elected in 1899.

W. H. Kelligar, of Aulnirn, and A. H. Babcock, of Beatrice, were elected in 1903 and served as judges of the district for one term of four years.

Judge W. H. Kelligar is one of the best-known attorneys of the first district. He was born at Summerville, New Jersey, March 2, 1854, and removed with his parents to Illinois in boyhood. He took up the study of law after receiving a good common-school education and opened an office at Pana, Illinois, where he remained for five years after beginning practice, shortly after his admission to the practice of his profession on June 18, 1878. In 1883 he came to Nebraska and located at Auburn, where he soon built up an excellent law practice. Following his service as district judge. Judge Kelligar resumed his law practice as a member of a well-known lirni of lawyers located at Auburn.

Hon. John Butler Raper

(li'^trict fur the jiast twelve years, is a nati\e-born citizen of Xeljraska and is a son of Xel)rasl<a pioneers. His father and grandparents were among the very earliest of the pioneer settlers of his native county and figured prominently in the civic and political life of their county and state for a nnnilier of years.

Judge Raper was born on a farm in Pawnee county, Xebraska, October 5. 1861, and was a son of William B. and Mary Jane (Butler) Raper. natives of Greene county, Indiana. William B. Raper was born in that county (in October 29, 1832, and died in Pawnee county, Nebraska, December 30. i<;i4. He was a son of Andrew and Eliza (Christy) Raper, natives of Kentucky and of North Carolina, respectively. Mary Jane Butler, mother of John B. Ra])er, was a daughter of John R. Butlei. a nat'\e of Ohio and Sarah Ann ( Malian ) Butler, born in Kentucky. It will thus be seen that Judge Raper is a descendant of the best cild American pioneer stock. Judge Raper's mother was 1)orn in Greene county, Indiana. October 13. 1838, and died on 1^'ebruary 10. 1864. To William B. and Mary Jane Raper were born two children, Mrs. Frances I. Davis, of Lincoln, Nebraska, and John B., the subject of this review. William B. Raper later married I'^lizabeth Jane Coiifey, 1)orn on January 17, 1867, who died in 1890. The children of this second marriage are Mrs. Grace Moore, of Sheridan, Wyoming, and Mrs. Lillian Easterday, of Portland. Oregon.

Both Andrew Raper and his son, William B. Raper, served in the War of the Rebellion as members of an Indiana regiment. William B. Raper and wife, and John R. Butler and family came to Nebraska from Indiana in 1858 and settled in Pawnee county, where the family has e\er since been prominently identified with the upl^uilding of the county. ^Ir. Butler served as a member of the House of Representatives in 1863 and William B. Raper sejved for three terms in the state Legislature as a member of the House of Representatives.

John B. Raper received his education in the common schools of Pawnee City and .studied for one year in the Ft. Scott (Kansas) Normal School, lie was elected count}- clerk of Pawnee comity in 1885 and served for four years. In the meantime he studied law and was admitted to the bar in 1889, after a rigid and thorough cour.se of study in the law office of Cr. M. Humphrey. He was elected county ;ittorney in 1893 and served for two terms, .\fter bis jidmission to the bar Judge Raper became associated with Capt. G. M. Humi)hrey. under the firm name of Humphrey & Raper. After Captain Humphiey's death he then formed a partnership with H. C. Lindsa}', now clerk of the supreme court of X'ebraska, under the firm name of Lindsay & Raper. Judge Raper has also served as a member of tbe school board of Pawnee City and as city clerk. He was elected countv attorney in 1904 and in November, 1905, he was appointed to succeed Judge Babcock. deceased, as judge of the first judicial district. He has served continuously since then as district judge and is a popular, efficient, learned and painstaking jurist, who has the confidence and esteem of the members of the bar and the people of his district.

Judge Raper is a Republican in politics and is affiliated religiously with the Christian church. He was married at Pawnee City, Nebraska, on September 17, 1885, to Jennie Albright, a nati\e of Tazewell count}', Illinois, and a daughter of Daniel Albright, who was Ijorn in Tennessee, in 182J, and who died on March 11, 1903. The mother of Mrs. Raper was T-avin.ia ( Atterl)erry ) Albright, who was born in 1827 and who died in 1867. To "Sir. and Mrs. .\lbright were l)orn the following children: Wilham 1\, Au.stin, David .\., Irvin, John D., Josephine, .\da, Jennie and Jacob L. Judge and Mrs. Raper have one child, a daughter, Pauline, born on August 23, -1886, who married X. \'an Horn, of St. Jo.seph, Missouri, June 14, 191 1, and has two children, Leonard Hugh, born on May 20. 1914, and ICIizabeth, March 4, 191 7.

Judge John B. Rayer was' re-elected and Leander M. Pemberton, of Beatrice, was elected to preside over the western part of the district in November, 1907. In 1909 another and final change was made in the arrangement of the judicial districts of the state and the foll(iwing counties were assigned as composing the first district: Richardson, Johnson, Pawnee and Nemaha counties. Judge Raper was re-elected in 191 1 and again elected in 1915.

in conclusion, it can well be said that Richardson county has been very fortunate in the personnel and ability of the judges who have presided over tlie court. The}- ha\e all been men (jf unimpeachable integrity and possessed of the highest .'^ense of honor, in addition to l)eing jurists with a profound knowledge of the law and able to discern between right and wrong, rendering their decisions accordingl}-, without fear or favor.

and by couseut of tlie parties uud by order of the Court the SberifC is ordered to suuiiuuii six good and lawful men as a jury; wliereupon the sberifi! summoned the foUowiiij: named i)ersons, viz: 1. Oliver W. Dunning. 2. Daniel Head. ". "SVm. Colprirk. 4. Wm. W. Buchanan. 5. Isaac Crook. 6. James Buchanan.

Whereupon M'illiam Colerick, one of the Jury, was excused by tlie court, the ii.nlics agreeing thereto, the jury consisted of the following named persons:

1. Oliver W. Dunning. 2. Daniel Head. 3. William W. Buchanan. 4. I.saac Crook. 5. James Buchanan, who being duly empaneled and sworn, after bearini; the evidence upon their oaths say :

"We, the Jury, in the above named case, tind for Plaintiff, verdict for (he amount of Twenty-One Dollars and Fifty cents together with costs of case.

It is therefore cou.sidered and adjudged that the said Plaintiffs, Whitemoro & .Snow recover of said Defendant, N. J. Sharp, the said sum of Twenty-One Dollars and Fift.\- Cents, and their costs in this suit, as well in the court below as in this court, expended and that he have therefor execution.

On motion of E. S. Dundy. Ishani Reavis and Charles H. Sweeney were duly admitted to practice law in the several courts of this Territory and having produced satisfactory evidence to the court of their qualifications and taken the oath prescribed by law it was ordered that liceu.ses issue to them accordingly.

The following entr\' was made on the appearance docket and shows that the above case was brought up on appeal from the lower cotirt (page 8 of court docket - civil causes.) :

I'Irst Criminal Cause

No. 1, Nov. Term, 1837. Indictment, "I>arceuy" Nov. 4th, 1857, Defendant arraigned and plead "not guilty." Same .day continued to next term of court.

November Term Of District Court, 1857

Be it remembered tbat at a regular term of the District Court in and for said county. begun and held at the town of Salem, on the 3rd day of November. A. D. 1857.

Ordered that venires for Grand and Petit juries to attend during this session of the court be summoned by the Sheriff of said county to be and appear before said court on the 4th inst. at 10 o'clock a. m.

Injunction. Now comes D. L. McGary, attorney for Plaintifl'. and moved the court to dismiss the bill herein; and the Court being advised in the premises it is considered and adjudged that the said bill be dismissed and that the said jiarties litigant do jiay the costs levied by each of them respectively, and that executions be issued therefor. .$4.50 against Complainant and .75 cts against Respondent.

Manuel Shrite having failed to ajipear. by order of the court, the Sheriff sunuuoned Charles JIcDonald to fill the panel, who was thereupon by the court appointed foreuiau of said Grand Jury. The Panel being thus filled, was composed of the following n.iuied persons : lurtietnient tor Larceny. The Defendant herein having had hearing ofsaid indictment, says he is not gull in the manner and form therein charged.

On application of the Defendant, this cause l.s continueil. liis witnesses being alisenl and defendant beiu;; so ill as not to be able to go to trial, it is ordered that lie enter into recognizance in the sum of .$800.(10 himself and at least one siiHi<ient s\irety for liis appearance at the ne.xt term of the court to answer.

The Sheriff of lUchardsou County will discharge Ket'emlanl from nistody im bis ;.'iving' bonds as above directetl before the Probate Judge of llie siiitl County, by wlioni the bond must be approved, and that the witnesses for the iirosecutiou be held In .fliMi.oo each to appear and testify:

John S. Boyd, Benjamin F. Cunningham, Marcellus Ho.suer, .Marshall Jones, Cli.irles Bessia, Charles Cavarzagie, Joseph I-egarde and Hugh Bo.vd acknowledge themselves to owe and be indebted to the Territory of Nebra.ska iu the sum of due Hun<lred Dollars each, jointly and severally, to be levied of their resiiective l;iuds .ind tenements, goods .lud chattels, to be void upon the following condition, to-wit :

I'hat they be and appear before the next term of the District Court iu and for the County of Richardson and Territory of Nebraska to be Ijegun and held at the town of Salem, in said county, on the first Tuesday of May A. D.. 1.S58, to tentify on the l»art of the Territory iu the cau.se wherein the Territory of Nebraska is I'lalntiff and David A. Williams is Defendant ou the Indictment of Larceny, and that tliey will not depart from the jurisdiction of said court without leave.

The Defendant herein, having failed to give the boud and st'iurity as herein before directed it is ordered that he be counnitted to the custo<ly of the Sheriff of said Kichard.sou County, until the bond and surety be given and approved as before directed.

Alex S. Russell, Wni. C. Fleming. Wui. Col John A. Singleton, Samuel H. Robert.s. John C. I Jas. Makinson, Jacob Whitmer, who being duly ei the evidence upon their oath, say :

It is therefore considereil .lud ad.jiidged that the said I'l Defendant the said sum of .fl(i.7."> .md liis costs iu this suit, ; ,is in this court, exiiended, and that he have therefore execiiti

Now oomes the (Ji-miuI Jury in open Cumt. iinOer cUiiiiie of the sworn lijiilift' and tUe foreman of the body in the presence of hin fellow jurors make jiresentment of sniidr\- Bills of Indictment which were thereupon duly file<l by the Clerl;.

Indictment for Assault with Intent to Connnit jirent Bodily Injury. Now comes said Defendant by D. L. Jlc(iary. his attorney, and tiles his motion for the court to discharge the recognizance of said Deft, by him entered into for his appearance at the Nov. Term A. D. 1S56, of said court, and that Deft, bail be released from the obligation of said recognizance and that Defendant be discliarged from his further appearance under said recognizance and the court lieing advised in the premises granted the motion as prayed for.

The above is a record of the first day's session of the first district court held in Richardson county, according to the records on file in the office of the clerk of the district court of Richardson county, no earlier records now Ijcing availalile.

A history of the legal profession of a county has a special interest as it has a bearing upon the advent and comparative purity of justice. With the coming of the law naturally comes order, something apart and entirely inconsistent with the rulings of vigilant committees. To the industry and intelligence of the legal profession much can be attributed in the upbuilding of a county.

The legal profession is now and has always been the foremost of all professions in practical and political life. While the necessity for the service of lawyers is to be lamented and avoided when possible, as is the doctor, and dentist, and manv others: yet in times of_ trouble and discord, civil and Triminal, the lawyer is first sought and his counsel and advice most strictly followed, on account of the importance of the service and the confidence of his client in his knowledge, integrity and ability to protect him in hi? rights under the law. From this profession there have risen to distinction more eminent and prominent statesmen and leaders of men than from all the other professions and vocations of life combined, notwithstanding the fact that the lawyers number a small per cent, of the aggregate population. Many lawyers of strong, vigorous intellects and natural tact and ability have won laurels ^nd met with considerable success at the bar without having had the advantage of other than a moderate school education. These, however, are the exception to the rule, and it is now practically a recjuirement that they be fairly ec|uipped with a higher education and be learned in literature as well as in the fundamentals of the law.

Richardson county has long been noted for the exceptionally strong bar which has been maintained in the county since its earliest inception and many lawyers from this county have risen to .high places in the land and have won their way to places of prominence in the legal fraternity of the state and nation. It will lie impossible in this chapter to attempt to deal at length with the accomplishments of the many members of the bar, who have practiced in Richardson county during the past fifty or more years, but the reader will find that several of them have been mentioned at length in the biographical department of this work.

The late Isham Reavis was the first attorney admitted to practice in the district court of Richardson county, his license having been issued by Judge Miller, of the supreme court of the state of Nebraska, as noted on a previous page in a copy of a notation taken from the first court record as found in book O of the official records. Judge Reavis practiced for a longer time in the courts of the state than any other attorney and attained a distinction second to no other attorney of his day. He served a term as federal judge for the territory of Arizona, receiving his appointment from President U. S. Grant, and then resumed his practice at Falls City. When his son, C. Frank Reavis, attained his majority and was admitted to practice he became a member of the firm of Reavis & Reavis. After the death of Judge Isham Reavis, the firm's practice was continued and its prestige maintained by C. Frank Reavis, who continued in practice until his election to a seat in the national house of Representatives in November, 1914. Congressman Reavis was re-elected in 1916.

Hon. Edwin S. Towle is the present dean of the bar in Richardson county, Mr. Towle having practiced successfully at Falls City for a long period of years. Of late Mr. Towle has devoted his time principally to his inisiness interests in the county, which are considerable.

The late Edwin Falloon was one of the most gifted men of the Richardson countv bar in a decade. Mr. Falloon was an able and learned attorney. (30)

Judge James R. W'ilhite is one i)t the older memliers of the bar in active practice, who served a longer period of time as count\- judge than any other incumbent of the office.

During the eight years in which A. J. Weaver was engaged in tiie practice of law he made a record as a practitioner, which is second to none made by the younger members of the bar. Mr. Weaver built up a splendid law practice and a splendid and honoraljle career was fullv opened to him. He chose, however, to engage in farming and kindred pursuits and has in that field made a striking success, which gives him far greater satisfaction and he is one of the most useful and energetic citizens of Falls City as a result of his activities in agriculture, horticulture and business pursuits.

The prestige and strength of the bar of this county is reflected in the personnel of the meniliers of the legal fraternity, who are practicing or are registered in the courts at the present time (igi/). Thev are able men, who are all practicall}- well read in the lore of their jirofession ami are men of honor and integrity.

District Clerks

.\ \ery important <iffice in connection \\ith the hench and bar of each county, is clerk of the district court. Xot only should this officer be a person of intelligence, methodical and of good clerical abilit\- ; liut, as large sums of money are paid in and disbursed through this office, he should be honest and capable, with confidence in himself to discharge the manifold duties required of him by the court and the law, very often crowding" upon him in the most bewil,dering and complex manner, likely to disturb the e(|uilibrium of the ordinary person. Richardson county has been very fortunate in securing capable and efficient and trustworthy district clerks, the present incumbent, Charles Loree, being one of the most efficient and popular, 1)\ reason of his wide knowledge of count}- affairs and extensive acquaintance throughout the county and his obliging disposition. The people of Richardson count\- look upon Charles Loree as a friend and adviser worth ha\-ing. and it is probable that no public official is more often consulted b\- residents of Richardson county and asked for advice upon every-day matters which concern them than iNlr. Loree. A full list of the clerks of the district court, who have held the office is given elsewhere in the chairter on count) organization and the official roster of county officials.

What has been said of the clerks of the district court is also true of the sheriff, who under the direction of the presiding judge, has the genera! supervision of the court room and of the process and orders of the court. and who is specially charged with preserving the order and tranquility of the county, the suppression of crime and the apprehension and safe keeping of those charged and convicted of crime. Tn this office is recjuired personal and mora! courage. ])ractical common sense, and a clear and active executive mind that will insure speedy and intelligent action in pursuing and arresting criminals and securing the rigid enforcement of all laws, without fear or favor, with a due regard to the interests of the state, the people and the rights of the accused. We l)elieve the essential requirements of this office have been exercised bv the sheriffs who have served the cnunty since the organization of the state, a list of whom is given in the chapter on county organization. The present incumbent of the office, D. B. Ratekin, is one of the most popular and efficient officers who have served in this important position. Mr. Ratekin perfonns the duties of his office without fear or favor and has a faculty of doing things required Ijy his office in such a manner as to satisfy the most exacting. In fact, Sheriff Ratekin is a born diplomat, who has made good during a most critical time in the history of the county.

County Attorney

Early in the history of Nebraska the present duties of county attorneys were incumbent on a prosecuting or district attorney for the entire judicial district, who accompanied the judge on his circuit through the counties and prosecuted all criminal cases. The county attorney's duties consist in advising the county and other officers as to their duties under the law, representing the county in civil cases and he has charge of all violations of law and the prosecution of offenders in the courts of the county. The faithful and efficient discharge of his duties are of the utmost importance to society, the welfare of the community and the security of the individual in his personal and property rights. Nearly all the older and leading lawyers of this bar have served in times past, as county attorney and their efficient service is largely responsible for the present quiet, orderly, law-aliiding and law-loving condition of society in this county at the present time. In the order they have served we name them in the chapter on county organization. R. C. James, the present efficient county attorney, is an ideal law official and is performing the duties of his office in such a manner that he gives satisfaction to the most zealous advocates of law-abiding and lawenforcement ideas. William McLennen was the first district attorney to serve in the first district when organized. He was followed by A. J. Weaver, John P. Maule, Isham Reavis, Robert W'. Sabin and Dan J. Osgood, who were styled district attorneys and served in the interim prior to the establishment of the office of county attorney.

County Judges

There is no county office so important and so fraught with responsibilit\- as that of county or probate judge. Once in a lifetime all the property in the county comes under his jurisdiction, and the title thereto is likely to be affected by his acts and decisions. He has supervision and control.

through his appointed administrators, executors and trustees of the estates of all deceased persons and those incompetent to transact their own business. The unfortunate, imbecile and incorrigible children must be tried and adjudged as such in his court, and he has habeas corpus jurisdiction to determine whether anyone is illegally restrained of his liberty and to determine the custody of children and incorrigibles. It is very essential that his records and proceedings be accurate, methodical and lawful and that no error, by carelessness, may appear on his records to cast a cloud on the title of the real estate of the county. He should not only be clearheaded, conscientious and a practical man of good judgment, but should have a legal education and a thorough knowledge of the law to insure the fullest protection to the widows, orphans and unfortunates, as the law contemplates. Richardson county has been most fortunate in the selection of her county judges. We may have had some that were lacking in these requirements, but fortunately no very serious consecpences have occurred. Self-interest should demand of every elector that the judiciary be kept out of politics and that they should select and vote for the best and most capable candidate for this most important office. Space forbids special mention, but we give in the chapter on county organization the list of probate or county judges and the date of the beginning of their respective terms. Quite a few changes have taken place in the incumbency of the office of county judge during the summer of 191 7. Judge John Wiltse resigned to resume his law practice and J. B. Cain was appointed to the office as his successor. Only recently Judge Cain resigned to Ijecome a member and officer of Company E of the Sixth Nebraska Regiment, organized for service on the I'attlefields of France in defense of world democracy. \^irgil Falloon was appointed as acting judge to succeed Judge Cain and is now capably filling the office and giving evidence that he is a "chip ofif the old block."

One of the most racy stories of the early bar of southeastern Nebraska is that of the mock duel between U. C. Johnson, district attorney and Judge Mason. Like most affairs of this kind, it grew out of a desire of the legal brethren who practiced upon the circuit to satirize the odd and eccentric points of their fellows. The affair came off at the lower Indian town, across the Nemaha, south of Falls City, known in those days as Sauktown. Pistols were carefully prepared by the seconds of the murderous pair, and at the word both discharged their shots. As the smoke cleared awav, Johnson was seen unharmed, while Mason reeled and fell heavily to the ground. Without waiting for a careful examination of the "dead" body, Jolinson was hurried to Falls City and hidden in the house of Wilson M. ]\Iaddox.

Meantime Mas(Jii had picked himself up, nearly exhausted with repressed laughter, and more than enough plastered externally, and had returned to tlie city, where after a time the joke was explained to its victim. Johnson never recovered from the effects of this deception, and shortlv afterward removed to Ciiicago, where some years later he died.

A meeting of the bar for the purpose of perfecting an organizatiori of the Richardson county bar met at the court house in Falls City on the evening of January ii, 1876. Business was commenced I)y the selection of S. A. Fulton, as chairman and A. R. Scott, secretary. A committee composed of Messrs. Martin, I'rice and Reavis reported a constitution, which was adopted. August Schoenheit was elected president: Isham Reavis, vicepresident; S. A. Fulton, secretary, and S. S. Price, treasurer. J. J. Marvin, E. S. Towle and W. S. Stretch were appointed a committee to present bylaws at the next regular meeting of the association to be held at the court house, the first Monday in February.

The following taken from the .\. T. Andreas's "Histor\- of Xeliraska," published in 1882, harks back to the method employed by citizens of Richardson countv in the early days when cattle rustling and horse stealing were enumerated among the other forms of vice with which the pioneer had to contend in Richardson county :

In the spring of 18.1s tlie ciiiiiiii.il l;iw of tlie 'JVnitcir.v was reiiealed. Tliis was followed by au outbreak of lawlessness tliroufiliout liii-hanlsoii and adjoininj; (-ouiities that called for euergetie uieasuies on the part of the people. Aocordiugly .-i vigil.-ince society of nearly two hundred members was organized, and the work begun of hunting down those who were availing themselves of t!ie l.ipse of legal punishment to commit depredations. Horse-stealing was the prevjiiling crime, and to run down horse thieves was really the main object of the society. At this time Wilson M. JIaddox was sheriff, and he devoted himself energetically to his task. When caught the thieves were lashed to the trunk of some sturdy tree and flailed by the members of the committee ai>pointed for the purpose. As the whips were hickory withes, about an inch and one-half at the handle, and as each gave a certain number of strokes, the punishment must have Ijeen quite severe. Men whose feelings had been more than slightly exeivised iiy the loss of pet animals were not likely to grudge a little muscle in laying on the rod. That they did not is shown by the fact thjit many of the wliijis curliiig .udund llic lice loft a welt half an inch deep in the baric of tlie blackoak.

In one instance, matters went further than this. One I.e.ivitt. living; southwest of Falls City, could not he daunted from the tieUl even hy the worst ipunishment tlnis f.ii' inflicted, and Maddox was set upou his trail, rollowius him into Missouri. Maddo.x captured one of his partners at a farm house, .ind. shortly after, corrallefl I-eavitt in a large cornfield. Stationing his men around the field, with instructions to fire when Leavitt broke cover, JIaddox started into the cornfield to run Leavitt out. When the chase had led half way across, a guard in the rear discharged his gun. and thereby called the other guards to him. leaving an escape for Le.ivitt. After losing his man. Maddox returned to his home, and Leavitt was shortly aftcrw.ird captured iu Iowa by Jlissouri p.-irties, hut escaped.

When again captured he was brought to St. Stephens, and there tried in tlie iire.>;eMcc of nearly two hundretl Ijersons. After hearing all the evidence, a \ote of the so<iel\ was taken, and an almost unanimous verdict rendered that he he hanged.

This verdict Leavitt treatwl .-is .-i .ioke. not suppo.sing that the vigilants would go to extreme measures. He was soon undeceived, for the committee, pinioning liis arms and chaining his le.gs with harness links, placed him in a wagon .-ind carrie«l him to .-i hollow about half a mile southwest of the town. Here I^eavitt was made to stand upon a large box iu the wagon, and the fatal noose i>laced about his neck. The wagon was then driven away. TTiis occurred about 1 o'cl<x-k p. m.. :ind the body was left hanging until the same hour on the following day. and then cut down an<l buried just west of the tree which had served as a gibbet.

Leavitfs fate had a great influence on other marauders of his cl.iss. ;iud. in llic language of an old settler, "hor.se thieving became unpopular."