Dana Reed Bailey.

History of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources ... Synopsis of public records, biographical sketches .. online

. (page 10 of 99)
Online LibraryDana Reed BaileyHistory of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources ... Synopsis of public records, biographical sketches .. → online text (page 10 of 99)
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of the circuit court in Minnehaha county were changed to the fourth
Tuesday in April and the first Tuesday in November.

Third term, April, 1891. Court convened April 28. F. R.
Aikens, judge; D. R. Baile3% state's attorney; John Sundback, sher-
iff; Albion Thorne, clerk; E. P. White, stenog-rapher. The grand
jury found eighteen indictments — ten of them against persons
charged with selling intoxicating liquors. Two of these cases were
tried, resulting in one conviction and one acquittal. It was at this
term of court that the cases of Enos & Bailet vs the St. Paul Fire &
Marine Ins. Co., and the Springfield Fire & Marine Ins. Co., were
tried. These cases were transferred from Deuel county, owing to
the prejudice that had arisen there, in reference to the matter in dis-
pute and the parties connected with the cases. The trial occupied
the attention of the court more than two weeks, and resulted in a dis-
agreement of the jury in both cases. Every inch of g-round was con-
tested, and the attorneys on both sides came to their work thor-

Minnehaha County Coi'rt Houi


oug-hly equipped. Palmer & Rodo-e appeared for plaintiffs, and
Fauntleroy of St. Paul and H. H. Keith for defendants. The jur\
was discharo-ed June G, and court adjourned June 10. Charle.v E.
Sutton and William Milchrist were admited to the bar.

Fourth term, November, 1891. Court convened November 17.
P. R. Aikens, jud^-e; D. R. Bailey, state's attorney; John Sundback,
sheriff; Albion Thorn, clerk; E. P. White, stenographer. The
o-rand jury found thirty-one indictments — a majoritv of them
charofing- persons with selling- intoxicating- liquors as a beveragfe.
The g-rand jury was discharg-ed December 15. At this term of court
there were twenty-seven cases tried to a jury, live of them criminal
cases, resulting- in three convictions and two acquittals. Both of the
cases in which there were no convictions, the persons \.'ere charg-ed
with selling- intoxicating- li(juors as a beverag-e, and the proof seemed
conclusive of their g-uilt. If the charge had been that of hig-hwav
robbery, or forg-ery, the same measure of proof would have resulted
in a prompt conviction. The civil cases tried to a jury were not
very important even to the parties themselves, except in two or three
instances. Enos & Bailett vs the St. Paul Fire & Marine Ins. Co., was
tried ag-ain, the same attorneys appearing- as the term preceding-,
with the addition of D. E. Powers for plaintiffs. The plaintiffs ol)-
tained a verdict. These suits were broug-ht to recover, on policies
of insurance, ag-ainst loss by fire, on a stock of g-oods owned by
plaintiff's in Gary, Deuel county. Mr. Enos was indicted in Deuel
county for setting- lire to the building- in which the g-oods were kept.
Of this charg-e he was acquitted. To say the least, the circumstances
were peculiar in connection with this fire. It occurred on Sunday
evening-, and Mr. Enos testified in substance, that he went to church
— was called out to g-et some article wanted at his store, and when he
went into the store he was assaulted and tied with a rope to some
fixture in the store, his person robbed of a larg-e sum of money, and
the store fired by his assaikmts. There was a gfood deal of testi-
mony in reference to the manner he was tied, the condition he was
found in, and the character of his injuries. The cases gfrowing- out
of this fire were expensive, and the tax payers of Deuel countv
had reason to feel sore over it. Deuel county paid Minnehaha county
about SI, 200 for court expenses during- the trials. At this term of
court, the case of David Winton vs Charles Huntimer, was tried to a
jury, and a verdict rendered for the defendant. Low water in the
lake on section 3, in Taopi, was the primary cause of the trouble
from which the suit orig-inated. Winton was aiding- a client to g-et
possession of a crop raised on land from which the water of this lake
had receded. His client plowed the land and Huntimer sowed it
and cut the g-rain, and both parties wanted the crop— and a colli-
sion occurred. Winton claimed, that Huntimer used a pitchfork on
him, instead of the bundles of g-rain, and Huntimer claimed, and
Winton admitted, he had prodded Huntimer with his fork. Captain
Stoddard tried the case for Huntimer, and was unusually funny, and
convinced the jury that it was only a little fracus after all, that the
parties undoubtedly enjoyed the diversion, and only a bold, bad jury
would think for a moment of taking- the case into serious consider-


ation. The case of H. H. Wood vs W. H. Ridell, et al, was also
tried, Palmer & Rog-de for plaintiff, Keith & Bates and Judg-e Car-
land for defendant. The jury was empanelled in this case Decem-
ber 3, and rendered a verdict for plaintiff December 11. This was a
Red Rock case, involving- the boundary line that had been established
by a recent survey of the township. It was a sharp trial, and parti-
cipated in not only by the parties directly interested, but by others
who thoug-ht that the verdict in this case, would to a certain extent
at least, affect their interests. The testimony as to the location of
the stakes and mounds established by the gfovernment, was of a con-
flicting- character, so much so, that the jurors could justify any ver-
dict they migfht render in accordance with their prejudices for or
ag-ainst a resurvev.

The case of Marg-aret Laura de Stuers vs Alphonso Eug-ene Lam-
bert de Stuers, an action for a divorce, was tried by the court.
William Henry Stoddard and William Henry Wilson were attornevs
for the plaintiff, and Joseph Lawrence Glover, Alpha Fremont Orr,
and David Edward Powers were attorneys for the defendant. It was
a g-reat case in all its surroundingfs. Count William Zborowski, by
his constant labor in aid of the plaintiff's cause, added a piquancv to
the trial that was relished by the spectators. Here is a list of the
names of persons whose testimony was used in the trial of the case:
Jeremiah McCraith; William Waldorf Astor; Charles, Count de Bv-
landt; Countess Mary Seilern; Edward Gould Peters; Harriet Thie-
mard; Jean Martin Charcot, professor at the Salpitnere Hospital;
Arthur Astor Carey; Henry J. Vinkhuysen, physician to H. M., the
King- of Holland; James Louden, formerlv minister of the colonies
and g-overnor g-eneral of the Netherlands, East Indies; AdrienneVan
Riemsdyk; Carel, Baron Van Heeckeren Van Kell, minister of the
Netherlands in Portug-al; Mathieu Van Lier, consul g-eneral of the
Netherlands at Paris, Prance; Charles Ephrussi; Emilie Charles
Wauters; Henry de Weede, secretary of the Netherlands at Paris;
Mina and Isidore Ansermet; Mary Van den Heuvel; Elise Gahlen-
beck; Charles Chevalaz, butler; Charles Aug-uste Garnier Helde-
wier, minister plenipotentiary of the King- of the Belg-ians; Donald
James Mackay, eleventh Lord Reay, late g-overnor of Bombay, late
member of the Second Chamber of the States-General in the Nether-
lands, peer of the United King-dom of Great Britain; Alexis Delafov
and A. Arnaud de Foiard. And still, some people blame Judg-e
Aikens for g-ranting- a divorce, when confessedly the parties were
tang-led up in this mess. It makes one tired to look at the list. The
divorce was g-ranted, and soon after — in fact, very soon after — at the
Cataract House, in the city of Sioux Falls, Marg-aret Laura de Stuers
and William Eliott Zborowski were united in the holy bonds of mat-
rimony by the Rev. John A. Cruzan. The happy couple went abroad
and shortly after were eng-ag-ed in the courts at Paris trying- to g-et
possession of Countess Zborowski 's daug-hter by her former mar-
riag-e. It is said that President Lincoln, g-etting- embarrassed in
reg-ard to the appointment of a postmaster — there being so many ap-
plications, and so many endorsements recommending- each candidate
— had the papers weig-hed, and appointed the man whose papers


weij^-hed the most. Well, the writer is pretty tolerablv well conver-
sant with the testimony in this case, and has come to the conclusion
that the learned judo-e, in decidinjj- the case, turned the o-reat presi-
dent's method bottom-side up, and reversed his measure of proof.

Another divorce suit at this term of court was Pollock vs Pol-
lock. It was the brideg-room who came out to South Dakota to g-row
up with the country, and finally settled down in the Queen City with
the full determination to make this his home for life. There isnoth-
\ng on record that shows that he went so far as to purchase a lot in
the cemetery, but lots of people never prepare for death. His father
was wealthy, but the son was cautious and conservative, and occupied
a o-ood deal of his time in sliding- down hill, and reflecting- upon what
g-reat enterprise he would eng-age in. But lo, the bride cometh! She
had with her two little children. She had been a domestic in the
family of the brideg-room's father. The claim was desertion, but she
followed him to his new home. Mr. Pollock, soon after the trial, not
hnding- an occupation that suited him, returned to his father's house.
Mrs. Pollock remained here long^er than Mr. Pollock. The divorce
was granted. Selah.

On the 7th day of March, an act was passed reducing- the num-
ber of g-rand jurors from twenty-three to eig-ht, and as there was no
emerg-ency declared this was the first term of court under the new
law. This chang-e materiallv reduced the expense incurred by a
session of the g-rand jury, but the most important feature is the fact,
that the work before it can be performed more expeditiously and
with better results. It requires five votes in the affirmative to find
an indictment.

I. G. Lawshe, N. M. Dahl and H. D. James were admitted to the

Fifth term, April, 1892. Court convened April 26, 1892. F. R.
Aikens, judg-e; D. R. Bailey, state's attorney; John Sundback, sheriif;
Albion Thorne, clerk; E. P. White, stenog-rapher. The g-rand jury
was in session until the 11th day of May, having- found six indict-
ments. Three of the persons indicted plead guilty, the other three
plead not g-uilty and were tried, and the jury found them all g-uiltv.
Charles E. Bowman was tried at this term of court for haying- pro-
cured an abortion, from which the victim died. The testimony in
the case, althoug-h circumstantial, tended strong-ly to establish the
chargfe as made in the indictment, but under the charg-e of the court
the jury were restricted to finding- a verdict of manslaughter. He
was found "g-uilty as charg-ed in the indictment." The code pro-
vides, that any person while eng-ag-ed in committing- a felony causes
death, without any desig-n to cause death, is g-uilty of murder, and
any person while eng-ag-ed in the commission of a misdemeanor causes
death, is g-uilty of manslaug-hter in the flrst deg-ree. The indictment
in this case was desig-nated as an indictment for manslaug-hter in the
iirst deg-ree, althoug-h it charg-ed Bowman with the actual commission
of the offense of murder. The verdict being- "gfuilty as charg-ed in
the indictment," the court held that Bowman was convicted of mur-
der. A motion in arrest of judg-ment was made by counsel for the
defendant, and after the case had been argued by the attorneys on.


two occasions the motion was granted and Bowman held for trial at
the next term of court. There was no demurrer to the indictment,
and in such cases the code provides that onl\' two objections can be
taken under a motion in arrest, viz., to the jurisdiction of the court,
and that the indictment does not state a public offense. The court
in this case had jurisdiction, and the indictment charg-ed murder.
The learned judg-e before whom the case was tried was g-reatly
perplexed with the problem, but finally concluded to g-rant the
motion declining- to sentence Bowman for manslaug-hter for which he
was tried under the charg-e of the court. This case was very ably
defended bv Winsor & Kittredg-e, and Captain W. H. Stoddard with
equal abilitv assisted the state's attorney in the prosecution. At
the next term of court this case was continued, for the reason that
a witness residing- in Minnesota refused to come and testify for the
prosecution. At the next term of court the case was dismissed, as
the same witness declared that she would never ag-ain g-ive her evi-
dence in the trial of this case, and as without her testimony the
defendant could not be convicted, and the State being- precluded
from taking- her deposition, the prosecution had to be abandoned.
There were twelve civil causes tried to a jury, but as a whole they
were devoid of public interest. The case of Peter Carlson vs the
Sioux Falls Water Company was successfully tried by the plaintiff.
The suit was brougfht for personal injuries received by the plaintiif
while in the employ of the defendant, by the "caving- in of a ditch" in
which he was at work. The plaintiif claimed S5,U(tO damag-es, and
the jury found a verdict for him in that amount. There is a passage
of scripture that in substance advises us to ag-ree with our adver-
saries before the}^ g-et into a fig-hting- attitude. In this case, after it
had been continued over one term of court, the attorney who broug-ht
the suit offered to take $1,000 in settlement. It shows how careless
he was, and how little he appreciated the injuries his client had
received. The case was appealed to the supreme court and a new
trial was g-ranted, but the case was then dismissed by the plaintiff.
Prank Chapin Lang-den was admitted to the bar.

Sixth term, November, 1892. Court convened November 15.
Frank R. Aikens, judg-e; D. R. Bailey, state's attorney; John Sund-
back, sheriff; Albion Thorne, clerk; E. P. White, stenog-rapher.
The g-rand jury found thirteen indictments and was discharg-ed
December 6. Five of the persons indicted plead guilty, and four of
them were sent to the penitentiary and one sentenced to pay a fine.

One plead not g-uilty, was tried and found guilty, and sentenced
to the penitentiary. There were nine civil cases tried to a jury.
The case of D. L. McKinney vs John Sundback, growing- out of the
McMillan failure in Sioux Falls a few years before was fought inch
bv inch and resulted in a disagreement of the jury. Winsor & Kit-
tredge were attorneys for the plaintiff and McMartin and F. L.
Boyce for the defendant. One or two other cases were contested
"from start to finish " but were not of public interest, and the term
taken as a whole, was a tame one. Webster C. Haight, Georg-e A.
Jeffers, Henry A. Muller, Lyman P. Bayard and R. H. Warren were
admitted to the bar. Court adjourned on the 21st day of December.

Judge Joseph W. Jones.


Seventh term, 1893. Court convened April 25. Prank R.
Aikens, judge; D. R. Bailey, state's attorney; George A. Knott,
sheriff; Albion Thorne, clerk; E. P. White," stenographer. The
grand jury found ten indictments, and was discharged May 12.
There were six criminal cases tried — four of them resulting in ver-
dicts of guilty, one not guilty, one disagreement of the jury. There
were eighteen civil cases tried to a jury, resulting in eleven verdicts
for the plaintiffs and seven for defendants. There were no cases of
public interest at this term of court. Harrv B. Carleton was ad-
niitted to the bar May 12, and F. R. Sidwell, May 31. These admis-
sions were the last ones in the Minnehaha county circuit court before
the law of 18*)3 went into effect, requiring all persons not previously
admitted to the bar to obtain a certificate of good moral character
from some court of record in the state, and to pass a satisfactory
examination before the supreme court before a license would be
granted to practice as an attorney and counselor at law. Court ad-
iourned Mav 31.

Eighth term, 18')3. Court convened November 21. Frank R.
Aikens, judge; D. R. Bailey, state's attorney; George A. Knott,
sheriff; Albion Thorne, clerk; E. P. White, stenographer. Upon
the grand jury being called, challenges were made to the array, by
persons who had been held to appear at this term charged with crim-
inal offenses. The challenges were based upon the fact that only
85 names, instead of 2l>*) as reqtiired by law, were in the box at the
time the jury was drawn. The challenge was sustained by the court
and all the persons making the challenge were held in bail to appear
at the April term, 1894. Three persons, charged with having com-
mitted ])ublic offenses, waived all objections to the jurv, and their
cases were considered. November 23, the grand jury reported two
indictments and "one bill not found" and were discharged. The
court was adjourned on the same dav until January 2, 1894, at 2
o'clock P. M.

January 2, 1894, The court again convened. Joseph W. Jones,
who had been elected to succeed Judg-e Aikens in the second judicial
circuit, appeared and the oath of office was administered to him by
Judge Parliman. George M. Higby was appointed official stenog-
rapher, and the real business of the November term of 1893 began.
Twenty-two civil cases were tried to a jury, resulting in thirteen
verdicts for the plaintiffs and nine for the defendants. One of the
important trials at this term of court was that of State vs Dr. A. M.
Fisher charged with manslaughter. It was a case of abortion, and
the victim died on the 13th day of March, 1893. The following day,
upon learning of her death, he took the first train out of the state.
He was indicted at the April term. 1893, of the circuit court in Min-
nehaha county, and was finally located at Doniphan, Missouri,
brought back to Sioux Falls and committed to jail June 14, 1893.
The writer, then state's attorney, assisted bv Judge Aikens, ap-
peared for the state and Judge John E. Carland for the defendant.
The trial lasted four days and resulted in a disagreement of the jury.
The case was again tried in the latter part of May, 1894, by the same
attorneys, and lasted three days and again resulted in a disagree-


ment of the jury, which at both trials had been about evenly divided.
Soon after this trial Pisher obtained bail, after having- been in jail
for nearly a year, and at the next term of court the case was dis-
missed. There was only one other criminal case tried at this term
and resulted in a verdict of g-uiltv. Court adjourned February 10,

Ninth term, 1894. Court convened April 24. Joseph W. Jones,
judg-e; D. R. Bailey, state's attorney; Georg-e A. Knott, sheriff;
Albion Thorne, clerk; Georg-e M. Hig-by and Miss Marv Strohecker,
stenographers. The g-rand jury found nineteen indictments, and
were discharg-ed May 19. There were thirty-six jury trials, result-
ing- in twenty-four verdicts for the plaintiifs and ten for the defend-
ants; in two cases the jury disag-reed. Seven criminal cases were
tried, resulting- in five verdicts of g-uilty, one not g-uilty, and one
disag-reement of the jury. One of the persons found g-uilty was J.
Westle}' Hartwick, who had become quite notorious in Sioux Palls
and vicinity, having- been charg-ed with a g-ood many petty oifenses,
and it was a relief to the community that he was g-iven a home in the
penitentiary for a while, at least. Court adjourned June 4.

Tenth term, 1894. Court convened November 20. Joseph W.
Jones, judg-e; D. R. Bailey, state's attorney; Georg-e A. Knott,
sheriff; Albion Thorne, clerk; Georg-e M. Hig-by, stenog-rapher. At
the opening- of the court, sixteen criminals confined in jail were
l)roug-ht into court; no challeng-e being- made, the g-rand jury were
sworn and charg-ed by the court as to their duties. Twenty-one in-
dictments were found. Pour persons plead g-uilty as charg-ed in the
indictment, and five cases were tried to a jury, resulting- in three
verdicts of g'uilty, one disag-reement of the jury, and one verdict of
not g-uilty. In addition to the trials of criminal cases from Minne-
haha county, was the trial of the Rev. John T. C. Wilson, indicted
for rape in Lincoln county and broug-ht to Minnehaha county upon a
chang-e of venue. He had been tried once in Lincoln county and
found g-uilty, and sentenced to fifteen years in the penitentiary. The
supreme court granted him a new trial, which took place in Minne-
haha county, as mentioned above. M. E. Rudolph, state's attorney
of Lincoln county, appeared for the state, and O. S. Gifford and
Judg-e Palmer for the defendant. The case was ably tried by the at-
torneys on both sides, and the jury returned a verdict of not g-uilty.
Twenty-five civil cases were tried to a jury, resulting- in thirteen
verdicts for the plaintiffs and ten for the defendants, and two disa-
g-reements of the jury. Court adjourned January 25, 1895.

Eleventh term, 1895. Court convened x\pril 23. Joseph W.
Jones, judge; Peter J. Rogde, state's attorney; C. W. Hubbard,
sheriff; Harry B. Carleton, clerk; George M. Higby, stenographer.
At this term of court sixteen indictments were found by the grand
jury. Pive criminal cases were tried to a jury, resulting in three
convictions and two acquittals. Pour persons plead guilty. Two
indictments were quashed, owing to an informality in drawing the
grand jury. One of the cases tried was against Mark Scott, pub-
lisher of the Sioux Palls Journal, for criminal libel. This case was
tried on both sides with great zeal and vig-or, but the jury returned


a verdict of guilty, and Scott was fined $100. Twenty-two civil cases
were tried to a jury, resulting- in eleven verdicts for the plaintiffs
and ten for the defendants, and in one case the jury disajjfreed. The
most important civil cases tried at this term were Kirby vs Howie,
and Wm. Plankinton, assignee, vs M. Grij^rsby, the verdict in the
last case beino- nearly $9,000. Two cases, in which the plaintiffs
asked for damao-es ag-ainst the City of Sioux P^alls for chanu-int>- the
street o-rade in front of their property, were tried; in the case of
W. P. Carr, there was a verdict for the city, and in the case of
Prank Gillett the jury disag-reed. The o-rand jury was discharg-ed
Mav 13, and court adjourned June 25.

Twelfth term, 1895. Court convened November 19. E. (t.
Smith, judo-e; Peter J. Rog-de, state's attorney; C. W. Hubbard,
sheriff; Harry B. Carleton, clerk; Georg-e M. Higfby, stenog-rapher.
Judg-e Smith presided at the trial of a few cases that could not be
tried by Judg-e Jones. On the 2d day of December Judg-e Jones as-
sumed the duties of judg-e. The g-rand jury reported to the court in
twenty cases, finding- seven indictments, and discharg-ing- thirteen
persons who had been bound over and was discharg-ed IDecember 18.
Two criminal cases were tried to a jury, resulting- in convictions.
Forty-three civil cases were tried to a jury. The court directed six-
verdicts for the plaintiffs and four for the defendants. Seventeen
verdicts were returned for the plaintiffs and thirteen for the defend-
ants, and the jury disag-reed in three cases. The petit jury was dis-
charg-ed January 24, 1896. This was a business term of court, and
more cases were tried than at any former term of courtinthe countv,
and althoug-h there were some quite important trials to the litig-ants
there was none of public interest. Court adjourned on the 8th dav
of February, 189(,.

Thirteenth term, 1896. The first day of the term was Tuesday,
April 28, but Judg-e Jones being- necessarily absent. Clerk Carleton,
under direction of the judg-e, adjourned court until three o'clock
p. M., April 30, at which time court convened. J. W. Jones, judg-e;
Peter J. Rog-de, state's attorney; C. W. Hubbard, sheriff; Harry B.
Carleton, clerk; Georg-e M. Hig-by, stenog-rapher. The leg-islature
of 1895 abolished the g-rand jury, except when petitioned for and
ordered by the court, and this was the first term of court without a
g-rand jury in attendance. The state's attorney filed three inform-
ations. One criminal and twenty civil cases were tried to a jury.
The court directed one verdict for plaintiff, and three for defend-
ants, and the jury returned nine verdicts for the plaintiffs and six
for defendants and disag-reed in one case. The criminal case re-
sulted in a verdict of not gfuilty. The jury was discharg-ed May 29,
and the court adjourned June 12, 1896.

Fourteenth term, 1896. November 17th, the first day of the
term, Judg-e Jones was absent, and the clerk adjourned the court
until the 18th, and then until the 19th, for the same reason. On the
20th, Judg-e Jones returned, and the court convened on that day.

Online LibraryDana Reed BaileyHistory of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources ... Synopsis of public records, biographical sketches .. → online text (page 10 of 99)