Emma Elizabeth Calderhead Foster.

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

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A CELEBRATED CASE.

Horton was succeeded as judge of the second judicial district by Hon.
St. Clair Graham on May 11, 1866, who served until January 11, 1869.
Judge Graham was on the bench when the celebrated Regis Liosel land con-
test was tried in the Nemaha county court, in which John J. Ligalls repre-
sented claimants to thirty-eight thousand one hundred and eleven acres of
land in the counties of Nemaha, Marshall and Pottawatomie.

It was one of the celebrated cases of the day and formed the basis for
Ingalls' most charming story of "Regis Liosel, 1799-1804," to be found in
the Ingalls' book of writings. The litigation grew out of a French land
grant, which subsecjuently was confirmed by an act of Congress in 1858.

The attorneys of record at the bar were: John W. Ballinger, county
attorney; J. E. Clardy, J. D. Brumbaugh, W. C. Dunton and W. W. Jerome.

1861-66. — Hon. Albert Horton, district judge; Byron Sherry, county
attorney (appointed from Atchison county). Attorneys: R. M. Bratney,
J. F. Babbett, H. C. Hawkins. E. J. Jenkins, United States district attorney,
appeared on the April term of court in 1865 and W. W. Jerome was the
county attorney.

1866-68. — Hon. R. St. Clair Graham, district judge; W. W. Jerome,
countv attornev. The bar remained the same.



MARSHALL COUNTY, KANSAS. 4OI

1868-71. — Hon. Nathan Price, district judge; M. C. White, county
attorney. During- the October term, 1869, Asa E. Park and W. Pitt Mudgett
were admitted to the l^ar. Attorneys of note were Metcalf and Waggener
and John J. Ingahs, of Atchison.

In 1868 Hon. Nathan Price, of Troy, was elected judge and served
until 1872, when he resigned. Judge Price was a man of strong, forceful
personality, impressing all who came in touch with him with that indefinable
quality called magnetism. Plis decisions were seldom reversed.

TWELFTH JUDICIAL DISTRICT.

The twelfth judicial district was created by the Legislature of 1871 and
consisted of Marshall, Washington, Republic, Mitchell, Clay, Cloud, Smith,
Osborn, Phillips and Norton counties.

The terms of court in Marshall county were to be held on the second
Monday of April and the second Monday of October.

Andrew S. Wilson of Washington was judge of the twelfth district
from March 16, 1871, to October 20, 1884, when he was succeeded by Joseph
G. Lowe, of ^Vashington, who held the oifice from October 20 to November
10, 1884, when he was succeeded by A. A. Carnahan, of Concordia, who
held the position from November 11, 1884, to January, 1885. He was suc-
ceeded by Edward Hutchinson, of Marysville, who served from January,
1885, to January, 1889.

Lowe and Carnahan were appointed by Gov. George W. Click.

1871-84. — Hon. A. S. V/ilson, district judge; M. C. White, county
attorney, 1871-73.

1873. — Edward Hutchinson, county attorney.

1875. — F. M. Love, county attorney.

1879. — John A. Broughton, county attorney.

1883. — E. A. Berry, county attorney.

Members of the bar during these years were : W. H. H. Ereeman, W.
W. Smith, John Y. Coon, E. L. Begun, Theodore H. Polack, George C.
Brownell, G. E. Scoville, \\^ S. Glass, W. A. Calderhead, C. H. Lemmon,
J. D. Gregg, W. J. Gregg, Cal. T. Mann, Jos. Patterson, J. S. Magill, John
McCoy and H. K. Sharpe.

This was without doubt the strongest bar in the history of Marshall

county. E. A. Berry served many years as county attorney. W. W. Smith

acted as private secretary for Senator Charles Curtis for many years. E.

Hutchinson became the district judge. W. A. Calderhead was elected to

(26)



402 MARSHALL COUNTY, KANSAS.

Congress and ser\ed fourteen years. Of this bar, Love, Coon, Begun, Sco-
ville. J. D. Gregg, Mann. Patterson, Glass and T.cmmon have appeared before
a higher judge.

Mr. Berry, Mr. Broughton and Mr. Calderhead are no longer in active
practice. Smith, Brownell and Hutchinson are not residents of the county.
Mr. Polack and Mr. W. J. Gregg are the only active lawyers left of that bar.

TWENTY-FIR.ST JUDICIAL DISTRICT.

In 1888 the district was again changed and the twenty-first judicial dis-
trict created, composed of Marshall, Clay and Riley counties.

Judge Robert F]. Spilman, of Riley county, was elected judge, to suc-
ceed Judge Hutchinson.

Judge R. B. Spilman was the most popular judge who ever graced this
bench. He had the judicial temperament in a high degree and was greatly
respected by the bar of the district. He continued judge until his death in
1899.

Hon. W. S. Glass, of Marysville, was appointed to fill the vacancy
caused by the death of Judge Spilman and served imtil 1902.

At the annual election, Hon. Sam Kimble, of Manhattan, was elected
judge and continued in office until 191 5, serving as judge of the twenty-first
judicial district for twelve years. He was succeeded by Hon. Frederick
Smith, the present judge. Judge .Smith is a native of Manhattan and is
the third judge from that city to preside over the tri-county bar.

1888. — Hon. Edward Hutchinson, district judge; E. A. Berry, county
attorney. S. D. McKee admitted. The bar remained much the same.

1889-99. — Hon. R. B. Spilman, district judge; W. A. Calderhead,
county attorney, 1889-91; E. Hutchinson, county attorney, 1895-96; E. A.
Berry, county attorney, 1896-97.

On February 8, 1895, J. G. Strong, of Blue Rapids, was admitted to the
bar and one week later his father, J. G. Strong, Sr., was admitted. W. W.
Redmond was an attorney of practice in 1889, and is still a member of the
Marshall county bar.

October 15, 1899, Hon. W. S. Glass was appointed to fill a vacancy
caused by the death of Judge R. B. Spilman.

At the election of 1902, Hon. Sam Kimble, of Manhattan, was elected
judge and continued in office until January i, 19 15, serving for twelve years.

County attorney — Guy T. Helvering, 1907-11; James Van Vleet, 191 1-
13; Charles H. Davis, 1913-17.

191 5, — Hon. Fred R. Smith, district judge.

191 7. — Hon. J. G. Strong, county attorney.



MARSHALL COUNTY^ KANSAS. 403



ATTORNEYS.



The dates on which many of the attorneys were admitted to practice at
the Marshall county har are not of record, but such as it has been possible to
ascertain are given. ■<

E. L. Begun, admitted, 1S71.

W. A. Calderhead, admitted, December 10, 1879.

W. S. Glass, admitted, December 11, 1879.

Charles H. Lemmon, admitted, December 14, 1879.

Omar Powell, admitted, March 15, 1880.

A. C. Pepper, admitted, December 8, 1879.

Giles E. Scoville, admitted, March 17, 1873.

J. W. Searles.

E. W. Waynant.

Guy T. Helvering, admitted, 1906.

Robert L. Helvering, admitted, 1909.

MARSHALL COUNTY BAR ASSOCIATION.

In May, 1884, the first Bar Association of Marshall county, w^as organ-
ized at the court house in Marysville. The membership consisted of J. S.
Magill, John McCoy. J. A. Broughton, W. A. Calderhead, E. A. Berry, A.
E. Park, W. J. Gregg, H. K. Sharpe, G. E. Scoville. Cal T. Mann, S. D.
McKee and E. Hutchinson. At this meeting, E. Hutchinson was elected
president ; W. J. Gregg, secretary, and J. A. Broughton, treasurer.

The present officers are: W. J. Gregg, president; R. L. Helvering,
secretary, and W. W. Redmond, treasurer. The regular meetings are held
on the first day of court each new year.

FIRST SESSION OF COURT IN MARSHALL COUNTY.

In 1855 a few log houses on the slight eminence, w'here R. Y. Shibley's
house now stands, constituted the city of Marysville.

One log house near where the ward school is located, the home of J. P.
Miller, was all there was of Palmetto.

One day this community \vas interested to learn that court would be held
in one of the log cabins on the river bank and would be presided over by
Judge Buce, from South Carolina.

Suit had been brought by Frank J. Marshall against W. M. F. McGraw,



404 MARSHALL COUNTY, KANSAS.

of Maryland. McGraw had a contract with the United States government
for carrying mail monthly to Salt Lake City. Marshall had instituted suit
against ]\IcGra\v for the keeping and feeding of some eighty mules for a
period of two years, for which McGraw had not paid. McGraw had been
notified to appear in court and the momentous day arrived.

A UNIQUE JURYMAN.

"Bob" Shibley, measuring six feet two in height and about the size of
a clothes line in width, aged seventeen years, was one of the six jurymen.
A store box served for the judge's bench and another box furnished him a
seat. The six jurymen were seated on boxes, the judge was in his place,
when amidst a great commotion, yelling and rattling, the mail stage drove
up. McGraw was on the seat with the driver, while a man known in plains-
men's parlance as a "whacker." ran along side the four mules doing exactly
what his name indicates.

J. P. Miller, who will be recalled as one of the original Palmetto Town
Company, was officiating in as many roles as the celebrated Pooh-Bah of
Gilbert and Sullivan's "Mikado."

He was sheriff, clerk of the court, register of deeds, and in fact in any
other office that might be thrust upon him. He was a tall thin man and,
with much dignity, he advanced to the door of the cabin and ordered McGraw
into court.

McGraw and his two men had two revolvers in their belts and -things
looked like immediate war, as they came into the cabin.

The judge was attired in a suit of clothes which showed wear and lack
of cleaning and pressing, but what attracted young Bob's attention was his
coat. This article was a bright blue in color and fit his honor "like the
feathers on a bird." This dazzling garment caught the eye of the young
juror and interested him more than the legal proceedings.

CHALLENGE TO A DUEL.

The judge opened court : "Mr. McGraw you are summoned to appear
here as defendant in a suit brought by F. J. Marshall for recovery of money.
Have you anything to say?"

"Yes, sir," roared McGraw. "I refuse to recognize this court. You
are all Frank Marshall's hirelings and I will have nothing to do with you."

The effect of this retort on Judge Buce cannot be described. He thrust



. MARSHALL COUNTY, KANSAS. 405

his hands into the box before him and brought forth two revlovers. One
he held by the barrel presenting the handle to McGraw and demanding with
language more forceful than elegant that he take the revolver and defend
himself, for he (Buce) proposed to defend the honor of the court. In other
words a duel was imminent.

McGraw, who was a large, portly man, backed around the room, fol-
lowed by the small but wrathy South Carolinian, pouring out oaths and threats
in quick succession. Finally reaching the door, McGraw made his escape
and with his drivers left judge and jury to finish the trial.

TALE OF A COAT MINUS A TAIL.

During the altercation between Buce and McGraw, "Bob", who feared
there would be blood shed, backed into a corner of the cabin and made him-
self as flat as possible against the wall. The thing which impressed itself
most vividly on his mind was the coat of his honor the judge. This gar-
ment had previous]}- attracted the attention of the boy juror, but when the
integrity of the court was questioned and Buce sprang from the judicial
bench, the astounding fact ^^as revealed that one coat tail was missing.

The coat was of the "spike tail"' variety and the spectacle of the judge
in pursuit of McGraw with rage and oaths, threatening vengeance with one
"claw" of the "hammer" missing, was too much for "Bob," and to this day
when he recalls it, he roars with laughter.

After McGraw's departure the perspiring judge again opened court.
Miller presented tiie case for the plaintiff, and the jury was sent out into the
yard to deliberate on the verdict. Having agreed they came into court and
in response to the question, "Gentlemen, are you agreed?" the foreman
answered that damages to the amount of eight thousand dollars had been
awarded to F. J. Marshall. A board of appraisers was sent to the pasture,
enough mules were selected to satisfy the judgment, and such report was
made by Sheriff Miller. Court was adjourned and Judge Buce, with his blue
coat minus one section, departed. That night, Frank Marshall's partner.
Woodward, started with the mules for Iowa.

BAR STORY.

In the days that Nathan Price served as judge, the lawyers from Atchison
made the trip in the Overland stage.

Many amusing incidents of those days were told by those who "practised



406 MARSHALL COUNTY, KANSAS.

at the bar" in more than one sense. Frank A. Root, in "The Overland
Trail/' tells this story:

On the Overland route during staging days, a good story is told on Uncle
John O'Laughlin, who was postmaster in the early days of Kansas, at a ranch
between Seneca and Guittards, called Ash Point.

O'Laughlin kept a small stock of goods in connection with the postoffice,
and over the door of his building was a prominent sign which read, "Uncle
John's Store." His goods consisted of such articles as are usually needed by
people crossing the plains and some of the staples required to supply the
wants of the neighboring ranchmen.

One of the principals kept in stock and sold over the counter by Uncle
John, was whiskey. • In the early days some of the travelers spoke of the
place as an oasis on the prairies.

While the war was in progress, Congress passed a stringent revenue law
and a tax was immediately imposed on all ardent spirits.

Instead of selling by the drink, it became necessary for the dealers to dis-
pose of the stuff in original packages only.

One day it happened that Judge Nathan Price and a number of lawyers
were on their way to Marysville, by stage, to attend court. Price was then
judge of the second judicial district.

On reaching I^ncle John's store and having heard the old man kept
"something good to take,"' the jolly disciples of Blackstone suddenly became
"awful thirsty." While the stage stopped for a few minutes to change the
mail, the lawyers crawled out of the coach, and, single file, followed the judge
into the postoffice.

After politely passing the time of day the judge inquired of Uncle John
if he kept anything "good to take." Being answered in the affirmative, he
ordered "eye opener cocktails" for the crowd.

"I would like to accommodate you, but I can't sell it by the drink", said
the old man ; "since Congress has passed this infernal revenue law, I can
dispose of it only in original packages."

"Original packages be " roared the judge, "by the great horn

spoon we must have something to drink, if we have to buy your entire outfit,
or a barrel. What do you want for your place? What will a barrel of the
stuff cost? or, perhaps you have some smaller packages."

With a broad smile on his face. Uncle John reached down under the
counter and brought forth a quart bottle of genuine "Old Kentucky Bourbon"



MARSHALL COUNTY, KANSAS. 407

and for a few minutes following, those thirsty lawyers were happy, prac-
tising at the old man's bar.

These are all matters of the past now. Ash Point is no longer a stopping
place. The old stage coach has been replaced by the railroad. The pro-
hibitory laws have driven out the bar and the liquor, and Nathan Price and
his associates sleep with their fathers. The court remains, untouched by
time. . .



CHAPTER XIX.
Banks and Banking in Marshall County.

One of the most substantial assets of Marshall county is its banks. It is
not too much to say that there is not a county in the state witli a stronger
group of banks, or one in which the Ijanks enjoy in greater degree the con-
tidence of patrons.

There are twenty-eight banks in the county, officered by representative
business men, and these banks demonstrate what business acumen and honest
administration may attain.

The banking history of the county shows but three failures. The
Hodges bank at Irving, the Warden bank at Frankfort, and the Baer bank
of Beattie. It is said that no depositor lost a dollar by these failures.

Under wise and conservative management Marshall county banks are
transacting an extensive business and have gained recognition by the solid
financial institutions of thi^- and other states.

It is said the stability and character of a state may be judged by the
standing of its banks. Marshall county ranks second in the state in num-
ber and the reports of its twent3'-eight banks show a steady and secure
financial growth.

AXTELL banks.

Axtell Citizen's Bank was organized in 1886; P. J. Curtler, president;
Alex. Gillespie, vice-president ; George W. Reed, cashier ; John Byrne, assist-
ant cashier. Capital. $25,000; deposits, 1916, $94,000.

The State Bank of Axtell was organized in 1890. George W. Williams,
president ; O. V. Lohmuller, cashier ; J. R. Thomas, assistant cashier. Capital
$15,000; deposits, $143,000.

AT BEATTIE,

The State Bank of Beattie was organized in 1905; C. E. Lohmuller,
president ; O. V. Lohmuller, cashier ; J. R. Thomas, assistant cashier. Capital
stock, $12,000; deposits, $80,000.



MARSHALL COUNTY, KANSAS. . 409

FIRST NATIONAL BANK OF BEATTIE.

The First National Bank of Beattie was organized on July ii, 1914,
and commenced business on August 26, 1914, with the following officers:
Albert P. Simpson, president ; Samuel S. Simpson, vice-president ; Robert O.
Grouse, cashier; directors, R. S. Pauley, Marion Hawk, W. B. Plawk, Albert
P. Simpson, Samuel S. Simpson and Robert O. Grouse. The present officers
are the same with the addition of J. D. Burnside, Jr., as assistant cashier.

AT BLUE RAPIDS.

Banking at Blue Rapids was commenced on May 15, 1871, by G. E.
Olmstead, Henry B. Olmstead and J. L. Freeland, under the name of "Bank
of Blue Rapids." It was sold in 1884 to G. B. and Fred A. Stocks, they con-
tinuing same name until the organization of the State Bank of Blue Rapids
on August 5, 1 891.

The capital of bank is $20,000, and present- officers are : F. O. Way-
nant, president; E. W. Waynant, vice-president; W. J. Burr, cashier and F.
L. Stauffer, assistant cashier.

CITIZENS STATE BANK. BLUE RAPIDS.

The charter for the Gitizens State Bank was granted on September 22,
1904. The building was completed and opened up for business on February
8, 1905, with G. S. Gummings. president, and G. E. Gummings, cashier.
Gapital stock, $15,000.

The statement on January i 191 7, showed: Gapital stock. $15,000;
surplus and undivided profits, $5,000; deposits, $200,000; loans and dis-
counts, $150,000. The officers are: M. A. Thompson, president; Livy B.
Tibbetts, vice-president; G. E. Gummings, cashier; Dan H. Gox, assistant
cashier.

BREMEN STATE BANK.

The Bremen State Bank was organized August 5, 1907. The first
officers were: W. Rabe, president; F. W. Stohs, vice-president; Fred H.
Pralle, cashier.

On March 17, 1908, the bank was destroyed by fire. $4,000 on deposit
in the burglar-proof safe was badly charred. W. H. Smith, of Marysville,



4IO MARSFtALL COUNTY, KANSAS.

a director in the hank, took the money to Washington, D. C, where it was
all redeemed with the exception of one five dollar hill.

Between the dates March 17, 1908, and Septemher i, 1908, the hank
did husiness in a hox car and dnring- that time deposits increased $40,000.

The hank now has a capital stock of $10,000; surplus profits, $7,240.82;
deposits, $144,601.91 ; loans and discounts, $98,567.94.

BIGELOW^ STATE BANK. ■

The Bigelow State Bank was organized on August 7, 1907, with a
capital stock of $12,000. The following were the officers: J. E. Chitty,
president; L. H. Armstrong, vice-president, and A. H. Bruhaker, cashier,
Avith the following directors, J. E. Chitty, L. H. x^rmstrong, P. E. Laughlin,
Charles F. Pusch, \V. H. Smith, A. H. Bruhaker, P. L. Rasmussen and
Charles E. Fea.

There was an attempted holdup of the hank on Decemher 23, 1909.
A. H. Bruhaker, the cashier, still has the gun which he took away from the
rohber who attempted the holdup.

The present officers are: L. H. Armstrong, president; P. L. Rasmussen,
vice-president; N. A. Bruhaker, cashier, and Lula E.. Bruhaker, assistant
■cashier.

The hank now has a capital stock of $12,000; surplus and profits,
.$4,691.36; deposits, $70,228.20, being a state depository.

AT FRANKFORT.

The Bank of Frankfort was started by L. V. McKee and Charles
Dougherty as a private bank. May r, 1886, with a capital of $10,000. The
first officers were: Frfsident. Charles Dougherty; cashier, L. V. McKee;
assistant cashier, J. W. Lobley.

On January 17, 1889, it was organized as a state bank with a capital
of $50,000, of which $35,000 was paid up. It was chartered and opened
for business on May i, 1889, under the name of the State Bank of Frank-
fort, with Charles Dougherty, president ; L. V. McKee, cashier ; J. W. Lobley,
assistant cashier. •

On January i, 1914, I-. V. McKee, owing to ill health, retired from the
bank, selling his interest to J. W. Eobley and B. Nauman.

The present officers are : President, B. Naunian ; vice-president, P. R.
Wolfe; vice-president, VV. C. Brown; cashier. L. W. Lobley. The capital
stock is $35,000; surplus funds, $17,500.



MARSHALL COUNTY, KANSAS. 4II



CITIZENS BANK, FRANKFORT.

The Citizens Bank of Frankfort has been in successful operation since its
estabhshment in i8gi. Its present officers are T. F. Rhodes, president; A.
P. Hampton, vice-president; Isaac H. Munro, vice-president; H. Kennedy,
cashier; T. VV. Snodgrass and T. T. Rhodes, assistant: cashiers, and T. F.
Rhodes, A. P. Hampton, Isaac H. Munro, H. Kennedy, W. J. Gregg, James
M. Rhodes and F. H. Lourey, directors.

The bank report for December ii, 191 6, shows: Capital stock, $30,060;
surplus fund, $15,000; undivided profits, $21,368.60, and deposits, $197,719.96.

CITIZENS STATE B.\NK, HOME CITY.

The Citizens State Bank of Home city was organized in 1907, with a
capital of $10,000; deposits, $105,000. Officials: President, E. W. Zim-
merling ; vice-president, C. W. Kneisteadt ; cashier, P. R. Pulleine ; assistant
cashier, William Eckstein. The foregoing with S. C. Schmidt, of Marys-
ville, constitute the board of directors.

STATE BANK, HOME CITY.

The State Bank of Flome city was organized in 1904 by J. B. Wuester,
with a capital of $15,000; deposits at last call were nearly $170,000.

Officials : J. B. Wuester, president ; A. R. Wuester, vice-president ; J.
B. Wuester, cashier; S. C. Harry, assistant cashier. The foregoing names
with C. R. Harry comprise the directors.

AT IRVING.

The State Bank of Irving was organized in 1899, with John Cottrell,
president; A. E. Hawkinson, vice-president; J. E. Pretz, cashier; Grace
Smith, assistant cashier. Capital stock, $12,000; deposits, $85,000.

■ " - •

AT HERKIMER. .

The vState Bank of Herkimer was organized in 19 10, with George J.
Hoerath. president; J. Bluhm, vice-president; H. W. Koeneke, cashier.
Capital stock, $10,000; deposits, $49,000.

STATE bank/ LILLIS.

The State Bank of Lillis was promoted by T. F. Rhodes and organized
by Pat Donahue on the loth day of December, 1909. The bank opened for



412 MARSHALL COUNTY, KANSAS,

business soon after Xcw Year, 1910, with 1 'at I)()naluie as cashier. The first
directors were: T. \\ Rhodes. James ] larrington, James A. Keating', James
Al. Rht)iles. M \'. Dorcas, J. B. Lohmuller and F. P. Bowen.

.\ iter one year of etiicient service, Mr. Donahue resigned the cashiership
and Mr. E. V. Dorcas was chosen in his stead. Mr. Dorcas remained in
tlie bank fi\e years, putting it on a good financial basis by his excellent busi-
ness dealings.

Tn January, icjiG, the local farmers bought the controlling interest from
Mr. T. V. Rhodes. Mr. Dorcas asked to be relieved of the cashiership and
the new organization chose J. P. Redmond as cashier.

The bank is capitalized at $15,000. In its last official statement, that
of December 11, 1916, it had accrued a surplus of $2,000, and undivided
profits of over $2,000.

This iiank is housed in a modern brick bank building, with modern
equipments, which g'we promise to bring this new institution up to a standard
that is second to none in Marshall county.

FIRST NATIONAL BANK, MARYSVILLE.

The First National Bank of Marysville, was organized in August, 1882.
The first officers were : M. S. Smalley, president ; Perry Hutchinson, vice-
president ; F. R. Fulton, cashier, and x\ugust Hohn and S. A. Fulton, direct-
ors. On May i, 1885, S. A. Fulton was elected president, and assumed
active charge of the business. He died on April 26, 1893, and Perry Hutch-
inson was elected president and August Hohn, vice-president. Perry Hutch-
inson (lied on December 29, 19 14, and E. R. Fulton was elected president
and H. A. Hohn, cashier and E. A. Hohn, assistant cashier. The board of
directors consists of August Flohn, J. E. Andrews, W. W. Hutchinson, H.



Online LibraryEmma Elizabeth Calderhead FosterHistory of Marshall County, Kansas : its people, industries, and institutions → online text (page 37 of 104)