1901 History of Republic County Kansas

History of Republic County.

111

the learned counsel, on the grounds that the questions were unimportant, impertinent, incompetent, irrelevant, insignificant, improper, immaterial and incoherent, and several other objections which I do not now distinctly remember, and were argued at great length by the learned counsel, in very much the same manner as at the present time, whenever the court will allow them to do so.

When the court was asked how he would rule, he invariably decided, "That the witness must tell the truth." This decision was not popular with the attorneys on either side, but was the only one that could be obtained in Justice Ebbling's court during the entire trial and for which he received the commendation of all disinterested parties.

If this rule could been forced at the present time the ends of justice would be better subserved than they are. This suit, although originally brought by Sears for the recovery of possession of a team of horses held jointly by the fair but frail Lucinda and the irrepressible doctor, which they claimed to have received from Sears for kindness shown him by Lucinda and services rendered by the doctor. By some legerdemain on the part of the plantiff's counsel the paternity of a certain male child born to the fair but frail defendant, Lucinda, some time prior to the commencement of this suit, was called in question, and was by the court admitted as a part of the case. For the purpose of the plaintiff it was necessary to show that said child was of premature birth. Defendant Hoxie, who at this stage of the proceedings was in that maudlin condition begotten by too liberal doses of homiletic elaborator imbibed at the resort kept by John Hughes before mentioned, was called as an expert, and was asked if he attended the fair Lucinda at the birth of said child, to which he replied in the affirmative. When asked as to the appearance of said child, said "its hair was short and hic-thin." "Well, doctor, what would that appearance seem to indicate?" "It would seem to indi-hic-ate that its-hic-hair was short and-hic-thin."

112	History of Republic County.

This seemed to settle this part of the case, as the court, jury and all the attorneys seemed to be satisfied with this lucid and highly scientific explanation. The counsel for the defense had prepared instructions which he requested the court to submit to the jury as the law in the case. This was vigorously opposed by Judge Borton, counsel for the plaintiff, on the grounds that it was unnecessary, highly improper, and an insult to such an intelligent jury as to even propose to instruct them. Picking up from the table a copy of the first bi-ennial report of the State Board of Agriculture, he continued, "I hold in my hand, your honor, a book which is everywhere recognized as authority, and upon my honor as a man, and attorney-at-law, and with no desire to mislead the court, I defy any man to find one single sentence in that book in regard to instructing a jury. How does the court rule? I rule the instructions out, by golly." It is hardly necessary to state that the jury found for the plaintiff, but was afterwards reversed in the district court before Judge Wilson.

Of the early practitioners, Brumbaugh, Borton, McHutcheon, Tibbetts, Wilder, Pilkenton and Taylor are dead; Heely, Humes, Austin, Dow and A. D. Wilson have moved away and have been lost sight of, while others have been heard from only occasionally. Great changes have been wrought in thirty years.

Of all the attorneys who practiced before this court in the early 70's, only one remains in active continuous service; namely, Hon. N. T. VanNatta, who was admitted to practice in the courts of Kansas some time prior to the formation of the twelfth district, and who has been counsel in more cases in this county than any other attorney who has practiced here.

Since the organization of the county, Judge Lynch has held but one session here, which was in the case of Fitz Myers, who stole a team, harness and wagon from Dock Hancock, of Union Valley, was pursued and captured with the stolen property, near Blue Springs, Ne-

History of Republic County.

[IMAGE]
HON. N. T. VANNATTA.

History of Republic County.

113

braska. by William Stanley, brought back to Belleville, lodged in jail and one quiet Sabbath morning when Deputy Sheriff Latham went to the jail with the prisoner's breakfast, he found the door battered down and the prisoner gone. Search was immediately commenced, and at the suggestion of Governor Doty, I believe, the searching party were headed for Riley Creek, directly west of town, where sure enough they found poor Fitz dangling from a butcher's derrick at the end of a rope. At this time the A. H. T. Association was well organized and ready to do business whenever its services were required.

One of the most noted characters, one most widely known, perhaps, connected with the history of this court, was the late Judge L. W. Borton. From what has been said incidentally in another part of this chapter the reader might get a wrong impression of Judge Borton's ability. So in this connection we have here a brief sketch of his history:

Lewis W. Borton was born September 1st, 1831, in Guernsey county, Ohio, at which place he received his education, principally in the common schools; studied law and at the age of twenty years was admitted to the bar at Cambridge, the county seat of his native county, and was admitted to practice in the Supreme Court of the United States in 1885. He came to Kansas in '69 and settled at Clyde, Cloud county. In politics he was democratic, being the candidate of that party for secretary of state in 1878. In 1882 he was elected to represent district No. 81, the same being the east half of Cloud county, in the state legislature, in which he served with distinguished ability. He died at his home in Clyde several years ago. To this we wish to add that Judge Borton's natural ability was far above the average, and no one who knew him, and who, himself, had a discriminative faculty above mediocrity, would fail to appreciate his wide range of information and his remarkable genius for "catching on" to the peculiarities of human nature. He was, without doubt, the most

114	History of Republic County.

inveterate storyteller — and most skillful — in the state. In the case of the State of Kansas vs. Jim Little, Judge Borton was counsel for the defendant. Little had been prosecuted for disposing of mortgaged property. At that time a chattel mortgage was considered pretty good security, but the rate of interest was very high, running all the way from two to five per cent a month, according to the necessities of the borrower.

In this case Judge Wilson held that before the jury could find a verdict in a case wherein a person is charged with disposing of mortgaged property on which he has given a chattel mortgage, a fraudulent intent must be shown. Having secured the acquittal of his client under the ruling above noted Judge Borton immediately, and while court was in session, wrote and handed to Judge Wilson the following verses:

"A chattel mortgage in the west, Is like a cancer on your breast; It slowly eats your life away And saps your vitals day by day. A cloud by day and fire by night It stands before a poor man's sight, And haunts him in his dreams and sleep, While salt tears trickle down his cheek. A Sorghum Lapper, tired and poor, Sees B A N K in gold above the door, And when the threshold once is crossed The trap is sprung and all is lost. His team, his grain, his cow and hog, His bed and breeches, wife and dog, On the altar of three percent, are tossed, Time rolls along and all is lost. But now Judge Wilson comes and brings Good tidings on his healing wings, And says the man can't be rent Unless Old Shylock proves intent."

History of Republic County.

115

CHAPTER XII.

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ELECTIONS AND ELECTION RETURNS.

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ELECTION 1868.

Representative Ninetieth District.
R. P. West, Ind. Rep	37
Capt. I. M. Schooley, Rep	28
State Senator Seventh District.
A. A. Carnahan, of Cloud county	58
County Clerk John McFarlane	58
County Treasurer James G. Tuthill, Rep	60
Sheriff R. H. Vining, Rep	61
County Supt. B. F. Sayler, Rep	59
Reg. of Deeds John McFarlane	58
Probate Judge Daniel Myers, Rep	64
County Commissioners.
W. W. Newlon, Rep	64
Z. P. Rowe, Rep	59
Conrad Myers, Rep	63
County Surveyor William Hardaker, Rep	62

1869.

Probate Judge.
Daniel Myers. Rep	38
James VanNatta, Rep	33
Noah Kunkle, Rep	12
Francis McNulty	1
Supt. Public Instruction.
Charles Hogan, Rep	48
B. F. Sayler	21
Coroner R. T. Harper, Rep	1
Sheriff.
W. H. Willoughby, Rep	90
J. H. Smock, Rep	33
Surveyor.
E. P. Hedenskogg, Rep	59
N. O. Wilkie, Rep	69
Representative.
R. P. West, Rep	68
John Manning, Rep	55
County Clerk.
P. P. Way, Rep	71

116	History of Republic County.

John McFarlane, Rep

59

1869.

Commissioners.
A. Asbjornson, Rep	44
Z. P. Rowe, Rep	94
J. H. Frint, Rep	75
G. W. Johnson, Rep	73
G. Willoughby, Rep	55
Treasurer.
Geo. J. Trowbridge, Rep	64
John Swan, Rep	62
Register of Deeds.
P. P. Way, Rep	64
John McFarlane, Rep	62
County Seat.
Belleville	59
New Scandinavia	42
Se1/4 17-4-1	4
Salt Marsh	1

1870.

State Senator Seventh District.
A. G. Barrett, Rep	87
Philip Rockefeller, Rep	223
Representative Ninetieth District.
G. W. Johnson, Rep	112
N. T. VanNatta, Rep	211
Probate Judge.
J. C. Griffith, Rep	182
I. N. Page, Rep	136
Clerk District Court.
L. R. Dobyns, Rep	195
G. B. Austin, Rep	72
A. B. Tutton, Rep	7
V. Vantrump, Rep	1
F. T. Powell, Rep	2
County Attorney.
A. F. Heely, Rep	217
A. D. Wilson, Rep	27
— Corey	3
County Superintendent.
Charles Wilson, Rep	114
W. Lancaster, Rep	214
For the Herd Law	164
Against	28

History of Republic County.

117

ELECTION, NOVEMBER, 1871.

REPRESENTATIVE 81ST DISTRICT.			TREASURER.
A. D. Wilson, Rep	275		I. O. Savage, Rep	346
R. P. West, Ind. Rep	163		G. J. Trowbridge Ind. Rep	323
P. McHutcheon, Ind. Rep	154		SHERIFF.
B. C. Gamble. Ind. Rep	77		W. W. Newlon. Ind. Rep	353
Sam Austin	1		W. S. Latham, Rep	213
			Joseph Merica	5
COUNTY CLERK.			REGISTER OF DEEDS.
S. W. Skeels, Rep	563		Eli O. Kindy. Rep	381
Sam Austin	1		Volney Vantrump Ind Rep	273
P. P. Way	1		CORONER.
Andrew Engle	1		W. F. Compton, Rep	574
— Schenck	1		Dr. C. Taylor, Ind Rep	48
			Ben Lake, Ind Rep	42
SURVEYOR			COMMISSIONER FIRST DISTRICT.
J. G. Arbuthnot, Rep	630		J. P. Williams, Rep	99
J. S. Martin. Ind. Rep	33		J. M. Smith	5
August Weld	2		Z P. Rowe	1
COMMISSIONER SECOND DISTRICT.			COMMISSIONER THIRD DISTRICT.
J. H. Frint	113		L. C. Hanson	113
S. R. Morlan	85		G. W. Beebe	109
A. B. Young	67		RAILROAD ASSESSOR.
S. A. McKay	61		H. C. Sprengle	596
			D. W. Ballard	36

ELECTION, NOVEMBER, 1872

STATE SENATOR 28TH DISTRICT			REPRESENTATIVE 81ST DISTRICT.
Elden Barker, of Jewell county	1079		Almond Shaw, Rep	724
PROBATE JUDGE.			R. P. West, Ind. Rep	412
Joseph Boothe, Rep	1075		S. B. Lum	6
J. M. Rockhold, Ind. Rep	14
Sam Austin	1		COUNTY ATTORNEY.
CLERK DISTRICT COURT.			A. F. Heely, Rep	1060
Chauncey Perry. Rep	1129		W. H. Pilkenton, Ind. Rep	29
COUNTY SUPERINTENDENT.			Sam Austin	1
A. D. Marble	1108		JUDGE 12TH JUDICIAL DISTRICT.
E. T. Neel	23		A. S. Wilson	1088

ELECTION, NOVEMBER. 1873.

REPRESENTATIVE 81ST DISTRICT.			COUNTY TREASURER.
W. H. Pilkenton, Rep	542		I. O. Savage, Rep	826
R. P. West, Ind. Rep	441		J. E. Cooper, Ind.	247
A. D. Wilson, Ind. Rep	90		SHERIFF.
COUNTY CLERK.			Josiah Kindt, Ind. Rep	596
Chauncey Perry, Rep	546		Robt. Swan, Rep	473
E. M. Crummer, Ind.	539		W. W. Newlon, Rep	4
A. Moree	4		COUNTY SURVEYOR.
REGISTER OF OEEDS.			J. G. Arbutbnot, Rep	722
R. J. Adams, Rep	689		J. C. Price, Ind. Rep	365
T. C. Smith, Ind. Rep	99		CORONER.
John McFarlane. Ind. Rep	2		W. F. Compton, Rep	586
E. M. Crummer	2		S. B. Lum. Ind. Rep	417
RAILROAD ASSESSOR.			E. A. Hallowell, Dem	63
Perry Hutchinson, Rep	854		J. C. Humphrey	7
I. B. Quimby, Dem	164

 

118	History of Republic County.

 

COMMISSIONER DISTRICT NO. 2			COMMISSIONER DISTRICT NO 1.
J. C. Reily, Rep	221		Robert Kyle, Rep	181
J. Hooser, Ind. Rep	104		R. T. Stanfield, Ind Rep	105
L. C. Hanson, Ind. Rep	61		A. B. Young, Ind. Rep	29
J. H. Frint, Ind. Rep	44		COMMISSIONER DISTRICT NO. 3.
			John Manning, Rep	166
			S. H. Miller. Ind. Rep	78
			H. Hodges. Ind. Rep	69

ELECTION, NOVEMBER, 1874.

SENATOR 28TH DISTRICT.			COUNTY SUPERINTENDENT.
Horace Cooper	510		D. C. Gamble, Rep	670
R. P. West, Ind Rep	491		B. W. Hollen, Ind. Rep	308
REPRESENTATIVE 81ST DISTRICT.			A. D. Marble. Ind. Rep	78
W. H. Pilkenton	998		CLERK OF DISTRICT COURT.
COUNTY ATTORNEY.			John Brown, Rep	1050
A. F. Heely. Rep	563		Frank Sorgatz, Ind. Rep	20
N. T. VanNatta, Ind. Rep	470		Asa P. Wilbur appointed in April, 1876, to fill vacancy caused by resignation of John Brown.
PROBATE JUDGE.
Joseph Boothe, Rep	684
W. H. Boyes, Ind. Rep	341
H. G. Dow	69

ELECTION, NOVEMBER, 1875.

REPRESENTATIVE			REGISTER OF DEEDS.
R. P. West, Rep	849		R. J. Adams, Rep	1397
D. C. Gamble, Ind Rep	459		CORONER.
TREASURER.			W. F. Compton, Rep	1378
E. M. Crummer, Ind. Rep	530		COMMISSIONER 1ST DISTRICT.
Robert Kyle	153		W. E. Day. Rep	188
A. Odell	152		C. A. Northrup, Ind. Rep	147
J. E. Cooper	171		L. D. Smith	94
CLERK.			COMMISSIONER 2D DISTRICT.
C. Perry, Rep	1379		J. T. Glasgow, Rep	260
SHERIFF.			L. C. Hanson, 2nd. Rep	260
Josiah Kindt, Ind. Rep	716		T. W. Johnson, Dem	101
R. W. Vandyke, Rep	457		COMMISSIONER 3D DISTRICT.
J. A. Mosher, Ind. Rep	203		J. W. McCall, Rep	236
COUNTY SURVEYOR.			Geo. L. White, Ind. Rep	231
J. C. Price, Rep	1398

ELECTION, NOVEMBER, 1876.

SENATOR 33D DISTRICT.			COUNTY ATTORNEY.
James Strain, Rep	331		N. T. VanNatta, Rep	1098
I. O. Savage, Ind. Rep	1121		A. E. Taylor, Ind. Rep	603
L. W. Borton, Dem	310		PROBATE JUDGE.
REPRESENTATIVE 106TH DISTRICT.			Joseph Boothe, Rep	998
W. H. Pilkenton, Rep	625		J. C. Reily, Ind. Rep	419
Milton Grim, Dem	390		A. B. Young, Ind. Rep	370
REPRESENTATIVE 107TH DISTRICT.			SUP'T PUBLIC INSTRUCTION.
Geo. L. White, Rep	354		J. C. Price. Rep	1363
D. C. Gamble, Ind. Rep	60		J. M. Roach, Oem	431
R. P. West	104		CLERK DISTRICT COURT.
A. J. Beers, Dem	169		Frank Armstrong. Rep., elected	1150
JUDGE 12TH JUDICIAL DISTRICT.			E. A. Hallowell, Dem.	651
A. S. Wilson. Rep	1482		Chas. F. Woodward appointed clerk  October, 1878, to fill vacancy causedby resignation of Frank Armstrong.

 

History of Republic County.

119

ELECTON NOVEMBER, 1877.

COUNTY CLERK.			SURVEYOR.
C. Perry	1345		J. C. Price	1273
COUNTY TREASURER			COMMISSIONER 1ST DISTRICT.
E. M. Crummer, Rep	1264		J. C. Keene, Rep	246
SHERIFF			W. E. Day, Ind. Rep	131
Wm. Norris	829		COMMISSIONER, 2nd DISTRICT.
Brady Bowling, Dem	1699		L. C. Hanson, Rep	268
Frank Brown, Ind. Rep	235		W. McDonald. Ind. Rep	127
J. P. Forshee, Rep	324		Nicolas Marty, Ind. Rep	115
REGISTER OF DEEDS.			COMMISSIONER 3rd DISTRICT.
J. A. Mosher, Rep	574		J. H. McCall, Rep	253
E. A. Hallowell, Dem	752		Peter Doctor, Ind. Rep	182
CORONER.
R. P. West, Ind. Rep
J. C. Reily, Rep	948

ELECTION. NOVEMBER, 1978.

REPRESENTATIVE 106TH DISTRICT			CLERK DISTRICT COURT.
Wm. M. Moore	284		J. E. Hallowell, Rep	911
J. G. Arbuthnot, Ind. Rep	172		J. P. Heaton, Ind. Rep	411
J. B. Pollard	96		SUPT. PUBLIC INSTRUCTION.
REPRESENTATIVE 107th DISTRICT			J. H. McCall, Rep	1166
Geo. L. White, Rep	310		J. H. Sherrard	193
D. C. Gamble, Ind. Rep	199		COMMISSIONER 1ST DISTRICT.
A. D. Wilson	251		A. B. Bachelor, Rep	196
H. T. Wetzel	41		A. Steenblock	20
PROBATE JUDGE.			W. W. Wait, Ind. Rep	157
Joseph Boothe	1220
COUNTY ATTORNEY.
N. T. VanNatta. Rep	1208

ELECTION, NOVEMBER, 1879

COUNTY TREASURER			REGISTER OF DEEDS
S. G. Stover. Rep	1878		H. A. Hallowell, Dem	1124
M. W. Hodgins	50		John Kasl, Rep	761
COUNTY CLERK			H. D. Spafford	31
C. Perry. Rep	1074		CORONER.
M. C. Polley, Ind. Rep	820		J. C Reily, Rep	1125
J. Williams	39		G. W. Lash	52
SHERIFF			C. Taylor	693
R. B. Ward, Rep	549		COMMISSIONER 2D DISTRICT.
Josiah Kindt, Ind Rep	648		L. C. Hanson, Rep	384
J. P. Forshee, Ind Rep	229		J. W. Smith, Ind Rep	293
E. D. Bugbee, Ind Rep	28		COMMISSIONER 3D DISTRICT.
John A. Clark, Ind Rep	29		J. F. Wells, Rep	337
Wm. Norris, Ind Rep	258		Geo. Kidder, Ind Rep	271
W. C. Shull, Dem	199		Conrad Meyers	20
SURVEYOR.
J. C. Price. Rep	1339
W. H. Thompson, Greenback	299
H. W. Wagener, Ind Rep	55

120	History of Republic County.

ELECTION, NOVEMBER, 1880.

CONSTITUTIONAL AMENDMENT.			SUP'T. PUBLIC INSTRUCTION.
For the constitutional amendment,			J. M. Lawrence, Rep	1886
prohibiting the manufacture and			J. H. Sherrard	609
sale of intoxicating liquors	1330		W. H. Thompson	136
Against	919		REPRESENTATIVE 106TH DISTRICT.
SENATOR 3D DISTRICT.			W. H. Leigh. Rep	725
N. B. Brown, Rep	417		S. F. Vinton, Dem	332
R. P. West, Ind Rep	1345		S. M. Edwards, Rep	101
L. J. Crans, Dem	728
COUNTY ATTORNEY.			REPRESENTATIVE 107TH DISTRICT.
N. T. VanNatta, Rep	1582		D. C. Gamble, Ind Rep	438
L. J. Tibbetts, Dem	847		W. P. Peake, Rep	689
T. M. Noble	16		F. N. Hart	40
PROBATE JUDGE.			W. C. Shull, Dem	275
Joseph Boothe, Rep	1941		COMMISSIONER 3D DISTRICT.
T. W. Johnson, Dem	536		J. F. Wells, Rep	583
H. Smith, Ind Rep	130		Samuel Whan, Dem	252
CLERK OF DISTRICT COURT.			JUDGE OF 12TH JUDICIAL DISTRICT.
J. E. Hallowell, Rep	1893		A. S. Wilson	2119
W. A. Allen. Dem	594
Geo. H. Collins	138

ELECTION, NOVEMBER, 1881.

COUNTY TREASURER			SURVEYOR
S. G. Stover. Rep	2651		E. W. Wagener, Rep	1717
COUNTY CLERK.			W. H. Thompson, Greenback	399
C. Perry. Rep	1918		CORONER.
Geo. A. Terpenlng	162		J. C. Reily, Rep	1725
REGISTER OF DEEDS			A. Blocklinger, Ind. Rep	117
J. A. Mosher, Rep	1039		COMMISSIONER 1ST DISTRICT.
E. A. Hallowell, Dem	1070		S. M. Edwards, Rep	366
SHERIFF			A. B. Bachelor, Ind. Rep	272
T. M. Little, Rep	236		COMMISSIONER 2ND DISTRICT.
Joriah Kindt, Ind. Rep	726		E. S. McKay, Ind. Rep	180
W. P. Rarick, Dem	700		John Goold	157
J. B. Pollard	7		T. Wohlfort, Rep	447
S. A. McKay, End. Rep	138

ELECTION, NOVEMBER, 1882.

REPRESENTATIVE 79TH DISTRICT.			SUP'T. PUBLIC INSTRUCTION.
W. A. Reeves. Rep	603		J. M. Lawrence. Rep	1535
J. B. Pollard	350		J. S. Carpenter, Ind. Rep	6 3
REPRESENTATIVE 80TH DISTRICT.			CLERK D STRICT COURT.
Wm. Glasgow, Ind. Rep	490		E. A. Hallowell, Dem	1732
D. C. Gamble, Rep	561		W. A. Hallowell, Rep	403
Geo. A. Terpening	183		COMMISSIONER 2ND DISTRICT.
COUNTY ATTORNEY.			E. S. McKay, Ind. Rep	258
T. M. Noble, Rep	1159		R. T. Stanfield	185
N. T. VanNatta, Ind. Rep	825		T. Wohlfart, Rep	462
B. F. Surface	250
PROBATE JUDGE.
Joseph Boothe. Rep	1392
R. P. Cheney, Ind. Rep	299
S. F. Vinton	545

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