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mediately before the shooting. He started at once for the place wheie the
firing was. Came across Sam Rogers, then the crowd seemed to come from
every direction. Johnson further testified to the actions of Flatt during the
evening previous to the murder, that he pulled his revolver on the witness
and threatened to shoot his feet off, and also that he drew his revolver to
shoot Policeman Hunt. Witness said he saw no one on the street immediately
preceding the firing.

The next witness was H. A. Ross, the jeweler, who testified substantially as
follows: I was acquainted with Flatt during his life time, my place of business
is at Homer's drug store, saw Flatt Saturday morning about forty rods from
where he was killed, he was coming down the street, saw him when he was
killed in front of the saddler shop, two gentlemen were with him, one of whom
I recognized as Sam Rogers, as they walked past the bank building, Flatt
said, he was the "cock of the walk of Caldwell," and just then he was killed.
The shots came from the north of him, and he, Flatt, dropped. I think the
shot which brought him down came from the alley-way north of the bank
building; can't tell how many shots was fired, I was scared so bad that I
couldn't tell, some shots came from my side of the street, I was sitting in front
of my shop, didn't see any person on my side of the street, there is an opening
between the buildings near the stairway on my side of the street, heard Sam
Rogers say, "Let up, the man is dead or killed," or words to that effect, then I
saw Rogers fall back and the other man ran ahead. I sat quite still while the
shooting was going on, was rather scared, saw Dan Jones after the firing, he
was standing south from where I was, on the sidewalk on the same side of the
street I was, I followed Dan Jones across the street. Rogers came from the
north. Dan Jones had a gun when he crossed the street, can't tell whether it
was a shot gun or rifle.

Mr. Ross' testimony closed the examination on Monday evening, at which
time the inquest was adjourned till the following day at the school house.
The coroner at the beginning of the examination on that day, announced
that the inquest would be secret after that time. Nothing is therefore known
of the proceedings from that time except that an adjournment was ordered on
Wednesday, until Friday afternoon at 2 o'clock. 2

The death of Flatt had several political ramifications which will
be presented in the section on Mike Meagher.

Flatt was buried the afternoon of the same day he was killed.
The Post, June 24, 1880, said:



338 KANSAS HISTORICAL QUARTERLY

The funeral of Geo W. Flatt took place Saturday afternoon. At the Sunday
morning services, at the school house, Rev. S. Wood, made some appropriate
remarks upon the death of Mr. Flatt, and expressing feelingly the sympathy he
felt, with many others, for the young widow left to mourn such a fearful death
of one who to her, at least, was very dear.

A tragic part of Flatt's death was an event which occurred only
four days after he was shot: "Mrs. Flatt, the widow of George
Flatt, gave birth yesterday to a fine boy. Mother and child are
doing well," reported the Caldwell Commercial, June 24, 1880.

The decision of the coroner's jury, if ever made available, was not
disclosed in the newspapers of Caldwell. However, in the spring
of 1881 William Horseman, city marshal at the time of Flatt's death,
was tried for the murder but was acquitted. 3

1. Caldwell Post, April 15, 1880. 2. See, also, Caldwell Commercial, June 24, 1880.
3. Ibid., April 28, 1881.

GAINSFORD, JAMES

(1840?- )

On November 5, 1870, James Gainsford and C. C. Kuney cap-
tured Moses Miles and Andrew McConnell, the men who had killed
and nearly beheaded Abilene Chief of Police Thomas J. Smith on
November 2. The Abilene Chronicle, November 10, 1870, reported:

CAPTURE OF THE MURDERERS. Miles and McConnell, the murderers of
U. S. Marshal and Chief of Police, Thos. J. Smith, were captured on last Sat-
urday morning by Police Magistrate C. C. Kuney, and James Gainsford, of
this place. These gentlemen with a large number of others repaired to the
scene of the murder on last Wednesday afternoon. Kuney and Gainsford were
the only persons who started in pursuit and continued on the trail until the
murderers were captured. They traveled almost day and night; they lost track
of the murderers on the Republican river, some ten miles from Junction City
and traveled nearly one hundred miles out of the way, going nearly to Water-
ville and back before they got on the trail again, which they found at Milford,
ten miles north of Junction, from whence they traveled to Clay Center,
where they were joined by Sheriff Rodman, M'Laughlin and Mr. Lindsey.
Knowing that they were now close upon the fleeing criminals the party renewed
the pursuit at 3 o'clock on Saturday morning, and about sunrise reached a
farm house fifteen miles northwest of Clay Center. Before reaching the house
they learned upon inquiry that two men had stopped there the previous eve-
ning. On reaching the house, Mr. Gainsford made for the rear door, while
Squire Kuney entered the house at the front door. Gainsford met Miles out-
side of and in the rear of the house, while Kuney encountered M'Connell
immediately upon entering. Both criminals surrendered without offering re-
sistance, although M'Connell could have used his gun had he been so dis-
posed but it is probable that he considered it useless to do so with any
prospect of escape.

The murderers were brought to Abilene, reaching town on the Sunday
morning train. From a telegraphic dispatch, sent from Junction City, news
got out that they were captured, and a large crowd gathered at the depot



COWTOWN POLICE OFFICERS AND GUN FIGHTERS 339

on the arrival of the train, and deep threats were made of lynching the
prisoners but the officers were on the alert and hurried them into a room
in the second story of the court house, where they were securely guarded until
Monday when they were brought before Esquire Barber. They waived an
examination, and were remanded to the custody of the sheriff. Court is in
session and we presume their trial will take place during the present week.
Too much praise cannot be awarded to Messrs. Kuney and Gainsford, for the
persistent and unflaging pursuit which resulted in the capture of the fugitives,
who were making their way for the mountains in Colorado, where it seems
that one or both once resided for a period of ten or twelve years. It is said
that both have been desperadoes, and it is probable that they have more than
once imbrued their hands in the blood of their fellow men. In all human
probability their stay in this world is short. God have mercy upon their souls.

For their work, Kuney and Gainsford were each rewarded with
$100 by the Abilene board of trustees on March 11, 1871. 1

In April Gainsford was elected constable of Grant township, in
which Abilene is located. 2

The city clerk of Abilene made this entry in the city council
minute book on June 16, 1871: "J ames Gainesford and J. H. Mc-
Donald were appointed as policemen by the mayor at the unani-
mous request of the Council. The mayor protesting against the
appointment of McDonald." 3

The only mention found of a duty performed by Gainsford as a
member of the Abilene police force was the gathering of "names
of lewd women, Gaming tables &c." 4

Gainsford was relieved from the Abilene force on September 2,
1871. The minute book of the city council, pp. 86 and 87, carried
this entry:

The propriety of reducing police force was discussed by Mayor and Council
and after due deliberation and consideration the following resolution was
adopted and ordered recorded.

Be it resolved by the Mayor and Council of the City of Abilene
That J. H. McDonald and James Gainsford be discharged from off the Police
Force of said City from and after this 2d day of Sept. A. D. 1871, and that a
copy of this resolution be given by City Clerk to City Marshall [James B.
Hickok] and to be served upon said J. H. McDonald and James Gainesford
by the said City Marshall

2d Be it further resolved that the said J. H. McDonald and James Gains-
ford are discharged by reason that their services are no longer needed.

Passed the Council
September 2d A D 1871
E. H. KDLPATRICK
City Clerk

1. "City Council Minute Book," Records of the City of Abilene, p. 49. 2. "Dickinson
County Commissioners Journal," v. 1, p. 157. 3. Page 71. 4. "City Council Minute
Book," Records of the City of Abilene, p. 69.

(To Be Continued in the Winter, I960, Issue.)



Bypaths of Kansas History

A SHEEP DRIVE TO TEXAS

From the Fort Scott Democrat, September 29, 1859.

SHEEP. Another drove, numbering nine hundred, bound for Texas, passed
through Fort Scott Monday evening.



A WOMAN'S COURAGE

From the Daily Kansas State Record, Topeka, October 8, 1870.

Under the above head the Solomon Valley Pioneer, Lindsey, tells the fol-
lowing story of a plucky young woman:

"Mr. Talcott, of Genesee county, New York, came to this frontier some
months ago, to homestead a claim, and settle here, leaving his wife and two
children to follow him as soon as he had erected a house and got things ready
for their reception. He sent for them in July last. Mrs. Talcott immediately
disposed of such things as she did not require to bring with her, and purchased
a wagon and team, and started, with only herself and two children, for her
new home in the far west, where she safely arrived early last month; having
teamed the whole of the enormous distance from New York to Kansas by her
own unaided courage and energy, although she is only 26 years of age."



WHEN PRESIDENT GRANT VISITED POTTAWATOMIE COUNTY
From The Kansas Daily Commonwealth, Topeka, May 1, 1873.

FROM WAMEGO

THE PRESIDENT'S RECEPTION IN A COUNTY WHICH GAVE HIM A
ROUSING MAJORITY.

WAMEGO, April 25, 1873.
To THE EDITOR OF THE COMMONWEALTH:

Uncle Joe, an old resident of Pottawatomie county, at the reception of
President Grant to-day, while the train was changing engines, stepped up to
his excellency and said:

"Have we the honor as citizens of Wamego and Pottawatomie county of
meeting President Grant?"

Grant "You have sir, I am the president of the United States."
Uncle Joe "Then let me inform you that we, the citizens of Pottawatomie
county gave you a rousing vote last fall and now give you a rousing welcome."
Whereupon H. W. Cole, the proprietor of the Ames house, suggested that
three cheers be given, which was responded to by a large assembly of ladies
and gentlemen.

At Brookville, on meeting the K. P. express the president was called for and
came out upon the platform. He conversed a few moments with the crowd,
and as the train started all wished him a pleasant trip and a safe return.

(340)



Kansas History as Published in the Press

"Dan D. Casement: Viking on a Sea of Grass," by James C. Carey,
constituted the December, 1959, number of The Trail Guide, Inde-
pendence, Mo., published by the Kansas City Posse of the Western-
ers.

Prairie Printers, Inc., Colby, in co-operation with the Thomas
County Historical Society, began publication of a monthly maga-
zine entitled Thomas County, Yesterday and Today, in January,
1960. The 20 to 24-page issues feature articles and pictures on
Thomas county history.

"Out of the West/' a series of reminiscences by Cliff Ling, began
in the Cawker City Ledger, January 21, 1960.

Special editions featuring information on businesses, schools,
churches, and other phases of community life, have recently been
published by the following newspapers: Newton Kansan, 52-page
progress edition, February 10, 1960; Winfield Daily Courier, 112-
page achievement edition, February 22; Coffeyville Daily Journal,
124-page progress edition, February 28; and the Caney Chronicle,
36-page progress edition, March 3.

Publication, in serial form, of "A History of Morrill and Surround-
ing Community" began in The Northwest Brown Countian, Morrill,
February 17, 1960. The history, much of which was written by a
Morrill high school English class of 1934, was compiled by the
Woman's Literary Club of Morrill.

Coffeyville history taken from the town's first ordinance book ap-
peared in the Coffeyville Journal, February 28, 1960. According to
this record Coffeyville became a third-class city in 1872. On March
27 the Journal printed an article by Tillie Karns Newman on Mont-
gomery county courthouses. The first, a log building, was erected
in 1869.

Among the many Kansas and Missouri newspapers featuring his-
tories of the Pony Express on the occasion of the centennial of its
start were: Holyrood Gazette, March 2, 1960; St. Joseph (Mo.)
News-Press, March 7; Horton Headlight, March 24, 31; Emporia
Gazette, March 28; and the Kansas Chief, Troy, March 31.

(341)



342 KANSAS HISTORICAL QUARTERLY

A history of Fort Scott and stories of women spies operating from
the fort during the Civil War, by Harold O. Taylor, appeared in the
Pittsburg Headlight, March 14, 1960. A history of the Pittsburg
Public Library was printed in the Headlight, April 4.

Said to be the oldest federated club in Kansas, the Ladies' Read-
ing Club of Junction City recently observed its 85th anniversary.
A history of the club by Mona E. Kessinger appeared in the Junction
City Republic, March 17, 1960. The Junction City Weekly Union
printed a history of the club March 31.

O. W. Mosher's column, "Museum Notes/' in the Emporia Gazette,
included a sketch of the George W. Newman family of Emporia, in
the issues of March 23 and 29, 1960.

LaGrand Stone, one of Smith county's earliest pioneers, was the
subject of an article by Mrs. Martin Wiersma in the Downs News,
March 31, 1960.

With the issue of March 31, 1960, the Nemaha County Journal-
Leader, Centralia, began publication of a series entitled "History of
Methodism in Centralia/' by Joyce DeBord.

Among historical articles of interest to Kansans in recent issues
of the Kansas City (Mo.) Times were: "Bible Ruled Man [Alex-
ander Majors] Who Ran Pony Express," by Martha Swearingen,
April 1, 1960; "Raiders and Redskins in His Memories," a review of
James Francis Riley's Recollections, by John T. Alexander, May 18;
and "Kansan Called 'Red' at a Vital Helm," a biographical sketch
of Rear Adm. Howard A. Yeager, director of antisubmarine warfare,
by John R. Cauley, May 25.

Marvin Swanson reviewed the O. K. Corral gun fight of October,
1881, in Tombstone, Ariz., involving the Earp brothers and "Doc"
Holliday, and a group led by "Ike" Clanton, in an article published
in the Hays Daily News, April 10, 1960. On May 8 the News printed
an article by Swanson entitled "A Century of Unusual People [Men-
nonites] Behind Kansas Wheat Empire."

Using material from its files of a century ago, the Leavenworth
Times recently started publication of a 100-year-ago column.

On November 18, 1892, the Concordia Public Library was opened
with 56 books on the shelves. A history of the library, prepared by
Mrs. Ross E. Weaver, was printed in the Concordia Kansan, April
14, 1960.



Kansas Historical Notes

The 85th annual meeting of the Kansas State Historical Society
will be held at Topeka on Tuesday, October 18, 1960.

It was recently announced that the Iowa, Sac, and Fox Indian
Mission Museum, two miles east of Highland, is open each afternoon
except Mondays. The museum is operated by the Northeast Kansas
Historical Society.

Wm. R. Hainline and Paul Wheeler are cochairmen of the newly
organized Trego County Historical Society. The organization meet-
ing was held March 31, 1960, in WaKeeney. I. N. "Jibo" Hewitt,
special representative of the Kansas Centennial Commission, assisted
with the meeting.

Rolla Clymer, El Dorado publisher, and Edgar Langsdorf, assist-
ant secretary of the Kansas State Historical Society, were the princi-
pal speakers at Bazaar's centennial celebration, April 16, 1960.

Ruby Peterson was elected president of the Edwards County
Historical Society at its annual meeting held April 19, 1960, in
Kinsley. Other officers chosen were: Mel Tatum, first vice-presi-
dent; Iva Herron, second vice-president; Jessie Winchester, third
vice-president; Elsie Jenkins, secretary; Cecil Matthews, treasurer;
Myrtle H. Richardson, historian; Ethel Gilley, assistant historian;
Mary Vang, custodian; and Mae Zimmett, assistant custodian.

Mrs. Ross E. Weaver and Steve White were the speakers at a
meeting of the Cloud County Historical Society in Concordia, April
28, 1960. Both told of pioneer ancestors and early Cloud county
history.

Officers elected at a meeting of the newly organized Kingman
County Historical Society, May 6, 1960, in Kingman, include: Sadie
Jurney, president; Harriette Kinman, secretary; and Nellie Frisbie,
treasurer.

John Brown in Kansas is the theme of a 667-page novel by Tru-
man Nelson entitled The Surveyor, recently published by Double-
day and Company, Garden City, N. Y.

In 1839 Matthew C. Field spent the summer traveling the Santa
Fe trail and visiting the settlements of New Mexico. He recorded
events and impressions of his journey in articles and verse. These

(343)



344 KANSAS HISTORICAL QUARTERLY

writings have been collected by Clyde and Mae Reed Porter,
edited by John E. Sunder, and recently published by the University
of Oklahoma Press, Norman, Okla., in a 322-page volume entitled
Matt Field "on the Santa Fe Trail

Edward Everett Dale is the author of a collection of articles
recently published by the University of Texas Press, Austin, Tex.,
in a 265-page volume entitled Frontier Ways Sketches of Life in
the Old West.

John Palmer Usher Lincoln's Secretary of the Interior is the
title of a 152-page biographical work by Elmo R. Richardson and
Alan W. Farley, published by the University of Kansas Press,
Lawrence, in April, 1960.

A 358-page history of the High Plains and Rocky Mountain
country, by Robert G. Athearn, entitled High Country Empire, was
published in April, 1960, by McGraw-Hill Book Co., New York. It
is the "story of the land which was the Old West."

The Mormon Conflict, 1850-1859 is the title of a 311-page volume
by Norman F. Furniss, published by the Yale University Press, New
Haven, Conn., in 1960. It is an account of the efforts of the Latter-
day Saints "to live a life of their own choosing, politically and re-
ligiously, and the Government's retaliatory efforts to protect and en-
force federal laws."

Jacques Marquette's part in the Jolliet voyage of exploration down
the Mississippi river in 1673 has been re-examined in a new 350-
page work by the Rev. Francis Borgia Steck, O. F. M., entitled
Marquette Legends, published by Pageant Press, Inc., New York.

A history of the Pony Express entitled Hoofbeats of Destiny^ by
Robert West Howard, assisted by Roy E. Coy, Frank C. Robertson,
and Agnes Wright Spring, was published in June, 1960, by the New
American Library, New York, in a 191-page, paper-bound, pocket-
size volume.

James Francis Riley's story of his experiences as a freighter on the
Plains in 1859 and the years following, was recently printed in an
82-page booklet entitled Recollections. The manuscript was pre-
pared for publication with a "Foreword" by Judge John Riley James,
of Independence, Mo., a grandson.



D



KANSAS HISTORICAL
QUARTERLY



Winter 1960





Published by

Kansas State Historical Society

Topeka



NYLE H. MILLER KIRKE MECHEM JAMES C. MALIN

Managing Editor Editor Associate Editor



CONTENTS



PAGE

KANSAS CONGRESSMEN AND REAPPORTIONMENT . Lorene Anderson Hawley, 345
THE EARLY CAREERS OF WILLIAM BRADFORD WADDELL AND WILLIAM
HEPBURN RUSSELL: Frontier Capitalists,

Raymond W. Settle and Mary Lund Settle, 355

With reproductions of company advertising, facing pp. 376, 377; and
portraits of William H. Russell and William B. Waddell, facing p. 377.

COLLEGE DAYS AT COOPER MEMORIAL,

1895-1898 Edited by Kenneth Wiggins Porter, 383

SOME NOTES ON KANSAS COWTOWN POLICE OFFICERS AND GUN FIGHTERS

Continued Nyle H. Miller and Joseph W. Snell, 410

With sketches of James B. Hickok and Agnes Lake, facing p. 424; portraits
of Dr. John H. Holliday and Wyatt Earp, and a reproduction of Doc
Holliday's dentistry advertisement, between pp. 424, 425; and repro-
duction of Wichita police committee's report of 1876 presumably
relating to Wyatt Earp, facing p. 425.

BYPATHS OF KANSAS HISTORY 456

KANSAS HISTORY AS PUBLISHED IN THE PRESS 457

KANSAS HISTORICAL NOTES . . 461

ERRATA AND ADDENDA, VOLUME XXVI 464

INDEX TO VOLUME XXVI 465

The Kansas Historical Quarterly is published four times a year by the Kansas
State Historical Society, 120 W. Tenth St., Topeka, Kan. It is distributed
without charge to members of the Society; nonmembers may purchase single
issues, when available, for 75 cents each. Membership dues are: annual, $3;
annual sustaining, $10; life, $20. Membership applications and dues should be
sent to Mrs. Lela Barnes, treasurer.

Correspondence concerning articles for the Quarterly should be addressed to
the managing editor. The Society assumes no responsibility for statements made
by contributors.

Second-class postage has been paid at Topeka, Kan.



THE COVER

Abilene, major Kansas cowtown during the years 1867-1871,
as it appeared in 1875 after the trail trade had moved on and the
city had settled down. Courtesy Denver Public Library.



THE KANSAS
HISTORICAL QUARTERLY

Volume XXVI Winter, 1960 Number 4

Kansas Congressmen and Reapportionment

LORENE ANDERSON HAWLEY
I. INTRODUCTION

THE admission of two new states to the Union and the an-
nouncement of preliminary population figures from the 1960
federal census have stimulated interest in how representatives are
apportioned. This is a brief review of the history of apportion-
ment, with special attention to the changes that have affected Kan-
sas.

The constitution of the United States provided for a census within
three years after the first meeting of congress, and within every sub-
sequent term of ten years. Until the enumeration could be made,
the constitution assigned the number of representatives each state
should have, each being allotted at least one. 1 There was no pro-
vision, however, for a method of apportionment by congress after
the census was taken, nor for a limit on the total number, so long
as it did "not exceed one for every thirty thousand." 2

In consequence, the question of how to distribute the represent-
atives equitably among the states has been bitterly debated in
congress in nearly every decade since the first census in 1790. It
is no easy matter to devise a fair method that will come out in
whole numbers so there will be no fractional voting. It is just as
difficult to limit the total number so that the house will not become
too unwieldy, and at the same time satisfy states clamoring for
more representation and make provision for new states.

It is not the purpose here to examine the techniques of appor-
tionment, but merely to review some of the action taken by con-
gress to solve the problems. Those interested in the mathematical
aspects are referred to Edward V. Huntington's, "A Survey of
Methods of Apportionment in Congress,'' presented to the 76th

MRS. GEORGE T. (LORENE ANDERSON) HAWLEY is assistant librarian of the Kansas State
Historical Society, Topeka.

1. 17. S. Constitution, Art. I, sec. 2.

2. Ibid.

(345)



346 KANSAS HISTORICAL QUARTERLY

congress in October, 1940. 3 He pointed out that "In the absence
of any clear-cut mathematical theory of the problem a variety of
makeshift methods were used or proposed, many of which were
basically unsound/' 4 He favored the method known as "the
method of equal proportions," later adopted by the 77th congress.

After each census from 1790 to 1840 the number of representatives
was increased. After the 1840 census "a mathematical peculiarity
resulted in reducing the number of seats despite an increase in
population/' 5 From then until 1910 the number was increased
every ten years, although never to the extent that there was one rep-
resentative to each 30,000 of population. 6 In 1911 the house was
increased from 391 to 433 members, and the provision was made
that if the territories of Arizona and New Mexico became states
before the next decennial census, they should have one represent-
ative each, to be added to the number 433. 7 Thus with the ad-
mission of these territories in 1912, the number became 435. 8

No new apportionment was made in 1921 in spite of the obvious
intent of the constitution.

The 1929 act providing for the 15th census and a subsequent
reapportionment, directed that the number of representatives was



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