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.


ELECTIONS AND ELECTION RETURNS.


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, Rep166
    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,
PROBATE JUDGE.   1876, to fill vacancy caused by resig-
Joseph Boothe, Rep 684   nation of John Brown.
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 caused
      by 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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From A history of Republic County, Kansas : embracing a full and complete account of all the leading events in its history, from its first settlement down to June 1, '01 ... Also the topography of the County ... and other valuable information never before published. by I. O. Savage.; Illustrated. Published by Jones & Chubbic, Beloit, KS : 1901. 321 p. ill., plates, ports., fold. map ; 23 cm. Transcribed by Carolyn Ward, July 2006.


Tom & Carolyn Ward
Columbus, KS

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