Emma Elizabeth Calderhead Foster.

History of Marshall County, Kansas : its people, industries, and institutions online

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communitv, where individual freedom and an advance in modern civilization
was striving to overthrow slavery.

During this period of uncertainty, distrust and strife among the poli-
ticians, we find but few doctors, several druggists and no mention of the
dentist until after the close of the war.

After the admission of Kansas into the union as a free state, the pre-
ponderance of pro-slavery advocates rapidly declined and almost disappeared
among the doctors.



THE "copperhead'" SOCIETY.



In 1864 we find the business card of Dr. John Hall, of Marysville, in a
newspaper of that date. In a book on early history in Kansas, now in the



390 MARSHALL COUNTY, KANSAS.

library of the Historical Association in Toepka, E. C. Manning gives an
account of conditions in Marshall county in 1864. Manning states that he
was publishing a pa])cr in which he said many things against the pro-slavery
party and the "Copperheads."

A secret "Copperhead" society existed here, of which this Doctor Hall
was a member. It was decided at one of their meetings that Manning must
be put out of the way and Ijy lot it became the business of Doctor Hall to
do it. A friend of Manning's, who was let into the plot, told Manning and
the next morning Manning hunted up the doctor and informed him that he
knew all about it and that he would give him twenty-four hours in
which to leave the country. Doctor Hall disappeared at once.

We find an advertisement in a local paper, dated 1864, of a drug store
owned by Doctor Edwards and a man named Horr.

This Doctor Edwards was an elder brother of the Dr. A. G. Edwards,
who located in Marysville after the war. This local advertisement states
that a full assortment of liquors and wines was constantly carried in stock.
While several saloons were running in Marysville at the time, this drug store
and druggist, who should be the assistant of the doctor, were working in
harmony with the saloon-keeper and the bartender. This liquor business of
the druggist, along w^ith the saloon keeper, continued until the prohibition
laws placed the liquor business all in the hands of the druggist, intending
that he should be the handmaid of the doctor, but so many ex-bartenders
became druggists, that the doctors quit the drug store and of late years 'nearly
all doctors in the county dispense for themselves.

Before, during and for some years after the war, there was no legal
standard of qualification in regard to the doctors. The business, in a com-
mercial way, was open to all. Very few were graduates of any medical
school. But few had even what would now be considered a common-school
preparation.

A "cure" for chills.

The following story is told of one young fellow who, like many others
in the early day, took up a claim on a creek bottom. He came from "Egypt,"
in southern Illinois and his mother having learned that quinine was ma.de
from willow bark, fed him on willow-bark tea to cure the chills.. It always
worked when taken late in the fall after the malaria season was over. He
used these fundamental principles, but, with business tact, he manufactured
a more elegant article.

In the first place he kept the secret to himself. He was not married.



MARSHALL COUNTY, KANSAS. 391

He trimmed the rough bark from a willow tree and then scraped the inner
bark into a pulp by using a hoe or a corn knife, being careful to scrape down-
ward. The tea made from this, flavored, colored and preserved with elder
berries and whiskey, seldom failed to cure the chills, if taken early and con-
tinued until late in the fall. Occasionally, there was a stubborn case and for
them he scraped the bark from below upward and made it strong by using
more "aqua fortalis," boiling it longer and adding a little wild turnip root
to give it a sharp twang.

This combination never failed, if the conditions were favorable. The
first, he called "Hipopalorum," and the second, a strong medicine, he
called "Lopopahirum." At one dollar per half gallon for the first and two
for the second, the young doctor had a nice little income.

After the close of the war a great change came over the country in
many ways. The army was scattered and the boys who were mustered out
flocked to the West to take up homesteads. Many young doctors who had
served under the flag located in Marshall county.

Among them were A. G. Edwards, of Marysville; Patterson, of Beattie;
Paul Garven, of Frankfort; D. W. Humfreville, of Waterville, and several
others. Those men were of a sterling type of manhood that the county had
never before possessed. This class of young men had responded to the call
of the Union in the hour of distress. Some of them had enlisted in the ranks
and had been promoted to service in the medical corps. They had dropped
a school course half completed, they turned away from promising futures
and answered a call for help in a cause for right.

A NEW ERA.

This class of doctors gave their best efforts to the distressed on both
sides of the conflict. When in the late sixties they came to Marshall county,
with the rush of home-seeking settlers, it was but natural they would find a
place in the new homes and hearts of the people. As those new homes
swelled the population of the trading posts into towns and transformed the
prairies into farms, the doctor was taken into the consultation with the par-
ents as no other person could be. The babies, as they grew up, learned to
look upon the doctor as their friend and staff in times of trouble and as one
who rejoiced with them in their prosperity.

Through the storms of Avinter, the deep mud of spring and the burning
hot winds of the long, dry summer, the doctor could always be depended upon
in times of sickness and accidents. No road was too long or too bad, no



39- MARSHALL COUNTY, KANSAS.

night was too dark or too stormy, no creek too deep or dangerous to ford,
to deter the doctor from going to the call for help.

The merchant might refuse a sack of Hour or the druggist refuse medi-
cine, until the poor and needy secured an order from the county, but the
doctor was always the friend of the deserving.

From out of the darkness and out of the wild,
Came a voice: I'm alone with my dying child,
Oh winds, bear a message ; tell some one to come ;
In God's mercy send help to our sad, stricken home.
The wild storm was raging, the snow drifted high,
Was't the wind or an angel brought the doctor that cry.
So out in the darkness and out in the wild,
He brought hope to that mother and help to her child.

Associated with these grand army doctors, who grew old as they became
engrafted into the hearts and homes of the people, we find a great assort-
ment of humanity attempting, succeeding or pretending to follow in their
footsteps. For more than thirty years after the close of the war, our county
Avas robbed by a class of impostors who came as itinerant doctors to prey
upon the weakened, chronic, incurable, or the loving sympathy of the friends,
as well as upon the poor, deluded mind that dwelt upon some real or imaginary
functional abnormality, and secured a depraved pleasure in the thought of
chronic individualism. Those criminal impostors sometimes had an advance
agent to round up the victim. Others had a tent and a show to draw the
crowd. A third class put up at hotels, but all were alike in one respect:
They secured a contract, in the form of a note, which they sold to a broker
and then departed to find new fields for conquest.

A second class embraced a large number of would-be doctors, who
possessed neither the natural or acquired ability. They remained a short
time and disappeared. A third class came better prepared and as time
advanced and population increased, this third class of doctors increased both
in numbers and proficiency.

As the nation, the state and the county developed, so the individuality
of the medical profession developed in the standard of qualification. In the
early days there was no established minimum of qualifications. It was in
the early eighties that the first effort was made to raise the standard through
a state board, but without avail. About ten years later the present law was



MARSHALL COUNTY, KANSAS. 393

passed by the state Legislature. As this law first went into effect the doctors
were divided into three classes.

First, those who were graduates of reputable schools of medicine; second,
those who would pass a creditable examination before a state board and,
third, those who were not eligible for either first or second grade, but who
had been continually engaged in the practice of medicine for the ten years
last past.

CONDITIONS TO OBTAIN PERMIT.

Later, the law was changed, and as it now stands an applicant for a
state permit must be a graduate of a recognized medical school and then must
pass a satisfactory examination before a state board. The certificate of the
state board must be recorded in the ofiice of the county clerk, where the doc-
tor resides.

As the state board was to be the judge of what constituted an acceptable
school, it became necessary to establish a degree of proficiency for standard
schools. Up to a few years ago the medical diploma in America was a joke
in the opinion of the rest of the world.

In the report of the United States commissioner of education for the
year ending June 30, 1915, we find the statement that the number of medical
schools in America was one hundred and sixty-two, about one-half the total
number in the world. In 1904 there were five thousand seven hundred and
forty-seven graduates from these medical institutions. As the commercially-
run schools are being put out of business, the number of graduates has rapidly
decreased. Many of these schools were private, carried on in the interests
of commercialism. The only entrance qualification was to be able to pay the
fee. The post-graduate qualification was the ability to call one of the pro-
fessors in consultation, or send an endless stream of patients to the hospital.
This led to the infamous practice of robbing the patient and dividing the fee.
The state of Kansas, ever in the front ranks protecting the interest of the
oppressed, declared such fee-splitting a crime and established a penalty.

By co-operating with other state boards, the qualifications of both doc-
tors and schools were raised. This resulted in weeding out the commercially-
run schools. Today, nearly all the medical schools in America are the med-
ical departments of standard universities. The total number of new gradu-
ates turned out each year, in the last ten years, has been only about one-half
the number of former decades, but the proficiency has averaged much higher,
and is increasing every year.



394 MARSHALL COUNTY, KANSAS.

ADVANCE OF .MKlJlCAL SCIENCE.

The researches of such men as Pasteur and the many who have come
after him. have completely revolutionized the science of medicine. In the
past fifty }-ears greater progress has heen made than during- all preceding
ages. The old, empirical methods are abandoned in the light of the micro-
scope, test tube and the post-mortem revelation.

The research labaratories have opened up new fields; have broadened
our view-point; deepened our vision; turned the search-light into the closed
recesses and the X-ray through what was opaque, giving us a clearer compre-
hension of the relationship between cause and result. The field of bacteri-
ology is a new world of life and death, in which we have found the solution
of many former mysteries. Along this line our anti-serums and their uses
are Ijeing developed. The relationship of organic or inorganic chemistry to
biology, has as yet been but lightly touched.

The subject of preventive medicine as required in modern times and
under modern conditions and in the light of modern knowledge, has just
begun to be recognized. This will include the broad subject of nutrition,
growth, repair, energy, waste and decay, and the differences between the
uses of the fats, the carbo-hydrates and the proteins from the animal and the
vegetable kingdoms.

On these varying changes and broadening of human knowledge, the
doctors of Marshall county have not l^een idle. New men fresh from the
standard medical schools and strengthened by preparatory training, have from
year to year been added to the ranks as recruits. Many of the older men,
who are still active in the work, have either returned to their alma mater
or taken regular post-graduate work and are active students today as of old,
pushing onward, traveling in search of "light, more light."

COUNTY MEDICAL .SOCIETY.

The first County Medical Society was organized in 1879 with ten mem-
bers and many of the young doctors who, twelve years before, had been
mustered out of the army, were active in this movement. New members
have been added from year to year and at present the county organization is
in affiliation with the State and American Associations.

At present the profession is represented by thirty-three doctors in twelve
towns. In Oketo — Doctor Wood. In Marysville — Doctors McAllister,



MARSHALL COUNTY, KANSAS. 395

Breeding, Edington Eddy, Hausman, Hawkins, Patterson, Rooney, Von
Wald and the Wilsons, father and son. Home City — Doctor John Shumway.
Beattie — Doctors Ham, Gist and Mathews. Axtell — Doctor Piper and New-
man. Summerfield — Doctors Dodds, Stewart and Johnson. Waterville —
Doctors Humfreville and Thatcher. Blue Rapids — Doctors Fillmore, Reed
and McFarland. Irving — Doctors Leith and Phillebawm. Frankfort —
Doctors Brawley, Sr., and Brawley, Jr. and Brady. Vermillion — Dr. John
Clifton. Lillis — Doctor Holliday.

Thirty-three doctors in Marshall county, with a total population of
twenty-two thousand, gives us an average per capita of a number that would
indeed tax the ability of the physicians, if it were not for the many modifying
conditions. Here we have a population composed almost entirely of the
so-called middle classes, the workers, the thinkers and the planners. These
people are living under the very best social and economic hygiene. There
are some drug stores, where we have good reason to believe the clerks and
proprietors are violating state laws by counter prescribing. Those who are
guilty are acting the part of a dispensing physician, without possessing the
state regulation as such.

The National and State Druggists' Association have been trying for
years to force the doctors to send all patients to the druggist with prescrip-
tions, and prevent the doctors from dispensing their own drugs to the patient
direct. Many of the drug jobbers and manufacturers have refused to sell
direct to dispensing physicians.

It has for years been a common practice among druggists to refill physi-
cians' prescriptions for any and all who requested it, and even they them-
selves prescribe for customers. The druggist, who should be the co-worker
of the doctor, is often his most bitter enemy. Today, practically all physi-
cians in the county are dispensing direct to patients.

MACBETH ON MEDICINE.

There is another reason why all patients do not come to the doctors.
In all times, past and present, it has been a well-known fact that, under favor-
able conditions, the human system tends to right a wrong within itself. One
of the favorable conditions is a contented mind. This is often produced by
the confidence that something is being or has been done for them. On this
principle, a great many systems of drugless treatment have been devised and
thrust upon the confiding public. The underlying truth of this was well
understood by Shakespeare, when he causes Macbeth to enquire of the doctor :



396 MARSHALL COUNTY, KANSAS.

Macbeth: Mow does yonr patient, doctor?

Doctor: Not so sick, my lord,
As she is troubled with thick-coming fancies,
That keep her from her rest.

Macbeth : Cure of that.
Canst thou not minister to a mind diseased,
Pluck from the memory a rooted sorrow,
Raze out the written troubles of the brain
And with some sweet oblivious antidote,
Cleanse the stuff'd bosom of that perilous stuff
Which weighs upon the heart.

Doctor: Therein the patient
Must minister to himself.

All through the journey of human life the true doctor is constantly
brought face to face with every problem that confronts mankind. The very
problem of life itself he is often asked to explain. Ei'cry cradle asks us
ichcucc and every coffin, ivJiither?

Y.xtry member of the community calls upon him in the hour of trouble,
leans upon him in the time of weakness, and draws aside the curtain disclos-
ing the family skeleton in the closet, or the secret, hidden wealth.

Xo man l^ecomes so endeared to the family as the old family doctor.

"Unskilful he to fawn, or seek for power,
By doctrines fashioned to the varying hour ;
Far other aims his heart had learned to prize.
More bent to raise the wretched, than to rise."

It w^as not for seltish, commercial reasons that the old-time doctor made
the long drives on stormy nights to relieve some sufferer in the settler's
lonely dugout. There is something so noble, so precious, so enjoyable that
money cannot purchase it, when the doctor rejoices with the young parents
over their new-found treasure.

In after years when the mother counsels with the doctor on a well-bal-
anced ration and the entire process of constructive and destructive metabolism,
the doctor enjoys a part ownership in the development of a new American
citizen.

RETROSPECTIVE.

When in his declining years the doctor sees his babies take their places
and play their parts on the world's stage in the drama of human life, there
is a pride and a satisfaction that words cannot express and the careless can-
not understand.



MARSHALL COUNTY, KANSAS. 397

When you see the modern physician walk down the cement sidewalk
with his neat little black case, or you see him go rapidly past you in his modern
motor car over one of our well dragged country roads, at a speed far exceed-
ing the legal rate, don't think he is out for a pleasure or a crazy speed drive.
He may be going to the home of wealth and luxury, to relieve the victim of
an afternoon tea party or a last night's banquet.

It may be to the home of privation and sorrow, or to the injured bread-
winner in some laborer's cottage with the rent unpaid. It matters not to the
doctor, so long as it is a call from one who is suffering. He goes as cheer-
fully, as willingly and as hurriedly to one as to the other. I know of no
one of all the world's workers, who comes nearer than the honest, conscien-
tious, self-sacrificing member of the medical profession to the poet's ideal,
when he wrote :

"What is noble? That which places,

Truth in its enfranchised will.
Leaving steps like angel traces,

That mankind may follow still :
Ever striving, ever seeking.

Some improvement yet to plan ;
To assist our fellow-being.

And like man, to feel for man."



CHAPTER XVIII.
Bench and Bar of Marshall County.

On February 26, 1855, A. H. Reeder, territorial governor of Kansas,
issued a proclamation defining the judicial districts of the territory and assign-
ing judges to them.

The third district included the seventh, eighth, ninth, tenth, eleventh and
twelfth election districts. Big Blue Crossing was the tenth election district
and Marysville, the eleventh. Marshall C(^unty was then in the third judicial
district, Kansas territory.

President Pierce had commissioned Saunders W. Johnston as an associ-
ate justice on Tune 24, 1854, and the third judicial district was assigned to
him. Courts were to be held at Pawnee.

It is well to recall some political history in connection with the fact that
court was to be held at Pawnee. Governor Reeder, like many other citizens,
liad become interested in various schemes for the organization of embryo
cities.

What more natural than to think that the future capital of the state
would be located near the center. Pawnee was the logical site of the future
capital : so the Pawnee l^^wn Company was formed. Congress had appro-
priated twenty-five thousand dollars for the erection of a suitable building in
which the territorial Legislatures might meet.

That building v,as erected by the Pawnee Town Company, of which
Governor Reeder was a passive, if not an active, member. The executive
offices were established at Pawnee and the first territorial Legislature con-
vened there. True, it did not last long; but for a time, at least for four
days, it was in the same judicial district as Marshall county. On July 2,
1855, the same day on which the first territorial Legislature met at Pawnee,
Saunders W. Johnston organized the third district bar, at Pawnee. One
man from Marshall county was present at that meeting — Frank J. Marshall.

1:1 is honor, Saunders W. Johnston, never visited this county. On Sep-
tember I, 1855, not quite three months later, he resigned his office and Jere-
miah D. Burrell was appointed and on September 13 was commissioned and
assigned to the third district. Two years later he held the first court in



MARSHALL COUNTY, KANSAS. 399

Marysville, probably in one of F. J. Aiarshall's log houses. His one act was
to "swear in" D. C. Auld, as justice of the peace.

In the fall of 1855 the voting strength of Marshall county being about
sixty, it was decided that a xouiity organization, was needed and .the. county
was duly organized, the necessary business proceedings taking place, as usual,
in a log cabin on the banks of the Blue.

SHERIFF SHOT.

The duties of the county officials were not very arduous. Alexander
Clarke, the first sheriff, had his official career ended very suddenly by being
shot by a desperado, whom he was attempting to arrest.

A county warrant was issued on December 15, 1856, by James McClosky
in favor of Henry Adams and H. L,. Kirk, of Atchison, for services rendered
in laying out a road from Atchison to Marysville.

Tins was the first county warrant issued in Marshall county. The first
regularly organized district court convened in Marysville in March, 1857.
Judge Burrel, of the United States district court, presided and James
McClosky acted as clerk. .\s no cases appeared on the docket and no grand
jury called, it looked as if the court would have to adjourn without trans-
acting any business, when a "case of conscience" came up. D. C. Auld, an
abolitionist, had been appointed justice of the peace for the Vermillion dis-
trict. The territorial laws, as passed by a pro-slavery Legislature, recjuired
that all officials should take an "iron-clad oath" to support the United States
fugitive slave law. This law was antagonistic to Mr. Auld's principles and
he refused to take the oath. McClosky appealed to Judge Burrel to qualify
]\rr. Auld without requiring the oatii and Judge Burrel wrote out a Pennsvl-
vania oath and administered it to Auld, who qualified, served out his term
and felt free to assist any fugitive slave who, in his flight for freedom, hap-
pened to pass his way.

COUNTY RE-DISTRICTED.

In i860 a re-districting was made and Marshall county was then put in
the second judicial district and Rush Elmore, associate justice of the supreme
court, was assigned as judge. Elmore was from Alabama and was com-
missioned an associate justice of the territory of Kansas by Franklin Pierce,
President, on the same day on which Andrew H. Reeder was commissioned
territorial governor — June 29. 185.4. There is no record that Judge Elmore
ever presided over a court in Marshall county.



400 MARSHALL COUNTY, KANSAS.

The second jn(Hci;il district was now composed of the counties of
Atchison, Doniphan, Brown. Nemaha, Washington and Marshall counties.
Judge Rush Ehnorc was succeeded l)y Hon. Alhert L. Lee, who Hved at
Ehnore. l^oniplian county, and who served from January 29, 1861, the day
on which Kansas hecamc a state, until October 31, 1861. Jndge Lee died
in New York City on December 31, 1907.

The next judge 'was Albert H. Horton, who was born in Orange county,
New York, March 12, 1837, and was educated at Ann Arbor University.
He was admitted to the practice of law in the supreme court of New York
in 1859 '^"^1 came to Kansas in i860, locating at Atchison. Li 1861 he was
elected city attcorney of Atchison and the same year was appointed judge of
the second judicial district l)y Gov. Charles l^obinson, and held that office by
election until j866, when he resigned. In 1876 he was appointed chief
justice of the supreme court of the state by Governor Osborne, and the fol-
lowing year was elected to the same office, in which capacity he served seven-
teen years, when he resigned. He was subsequently re-elected supreme court
justice and died while serving in that office September 2, 1900.



Online LibraryEmma Elizabeth Calderhead FosterHistory of Marshall County, Kansas : its people, industries, and institutions → online text (page 36 of 104)