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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

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his office during- the years 1894 and 1895 in excess of the amount he
was entitled to retain.

On the 12th day of January the board passed a resolution to the
effect that all persons in the county unable to procure seed g-rain
could obtain such by applying- to the chairman of the township board
where thev resided, on or before the first day of February, and to
make application upon blanks furnished by the auditor, and also re-
quested the chairman of each township board to send all such appli-
cations to the commissioner residing- in his district, before the 6th
day of February.

The Dakota Staats Zeitung-, Dell Rapids Times and Hartford
Plain Talker were the newspapers selected to publish the proceed-
ing's of the board.

In February an emerg-ency was declared to exist in reference to
the building- of bridges at Yankton crossing- in Sioux Palls, between
sections 5 in Sverdrup and 32 in Dell Rapids, and between sections
28 and 33 in Split Rock, and steps were taken to have bridg-es built at
these points at once.



HISTORY OF MINNEHAHA COUNTY. 65



On the 8th day of February the board decided to purchase 14,500
bushels of wheat, 30,000 bushels of oats, 3,900 bushels of barley and
600 bushels of corn, to supply the demand made for seed grain by
those who were unable to procure it themselves. John T. Lee was
directed to make the purchase and to secure as cheap freig-ht rates
as possible,

A special session was held on the 4th of March to consider the
price to be charged for seed grain, and it was fixed as follows:
Wheat, 56 cents, oats, 35 cents, and corn, SI. 15 cents per bushel. On
the 12th a seed grain fund was created and warrants ordered drawn
on the county fund to the amount of S22,000, in denominations of S500
each, to be sold, and the sum received placed to the seed grain fund.
The treasurer was directed to purchase S10,000of these warrantsand
pay from the sinking fund S7,000, and from the salary fund $3,000.

On the 27th, a special meeting was held. New applications for
seed grain were received and acted upon, and grain ordered shipped.

At the April session a contract was entered into with the sheriff
to board all prisoners for sixty cents a day, this sum to include bed-
ding, washing and all incidentals connected with the care of the
prisoners. Another contract was made with S. M. Hewitt & Co., to
build county bridges for the year ensuing.

At a session in June the superintendent of schools was directed
to keep "copies of the school laws in stock for sale." Warrants in
the amount of SO, 359.47, to pay for seed grain were ordered issued.

N. E. Stickney, in charge of the poor-farm resigned July 1, and
Joseph Hostetter was contracted with to fill his place until Januarv
1, 1896.

At the September meeting of the board the auditor reported that
warrants had been drawn during the previous fiscal year to the
amount of S102,716.17, and $300 was appropriated for a county ex-
hibit at the state fair.

1890. At the January meeting, the Argus-Leader, Dakota Ekko
and Valley Springs Vidette were made official newspapers. Dr. T,
Y. Stevenson was elected county physician, and Dr. Morgan and A.
P. Orr were appointed members of the board of insanitv. The clerk
of courts turned over $535,35, the balance of fees collected over and
above expenses during the year ending December 31, 1895. Dell
Rapids, Garretson, Valley Springs, Hartford, Baltic, Brandon, Hum-
boldt and Sioux Palls were designated as places for selling chattel
mortgage property. Settled with treasurer, cash on hand $56,675.35.

At the April meeting the board contracted with the Toledo
Bridge Co. to build county bridges for one year. Petition presented
for commissioners to order an action brought against themselves for
taking pay in excess of the amount provided by law.

July 6, T. M, Patten resigned as county surveyor.

August 8, the town of Hartford was declared incorporated.

At the September meeting of the board an appropriation of
$125 was made to assist Buifalo township in making a road between
sections two and eleven; and the salary of the state's attorney was
fixed at SI, 200 per annum, payable quarterly,

1897. Januarv 4. the newlv elected officers qualified; ,the



66 HISTORY OF MINNEHAHA COUNTY.



Argus-Leader, Syd Dakota Ekko and Valley Springs Vidette were
made the official papers and P. S. Emerson was made purchasing
agent for supplies for county offices, and A. H. Stites for poor-farm.

At the February meeting H. W. Smith's official bond as auditor
was filed and approved, and all salaries were made payable monthly.

In April the board contracted with S. M. Hewitt & Co., of
Minneapolis, to build bridges in the county the ensuing year.

At the July meeting the Valley Springs Vidette, Sioux Falls
Journal and Argus-Leader were made the official papers. Contracts
were let to J. A. Ward to build two stone bridges, one in Wayne
township for the sum of S919.41, and one in Edison township across
Pipestone creek at a cost of S810.

The assessed valuation of the county in 1897 was $7,223,224.

1898. At the Januarv session the Argus-Leader, the Sioux
Falls Journal, and Valley Springs Vidette were made the official
newspapers. On the 20th da}' of May, the board ordered a warrant
drawn in the sum of S500 for the purpose of creating a fund for the
use of the private soldiers of Company B, who had enlisted in the
military service, and the same day also ordered a warrant drawn in
the sum of S550 for a regimental fund for the First Dakota Regiment.

Having brought this synopsis to a recent date, we will close
with this appropriate and patriotic act on the part of the County
Board.



LIST OF COUNTY COMMISSIONERS OF MINNEHAHA
COUNTY FROM 1871 TO 1900.

1871 — John Thompson, chairman; Ole Bergerson, Charles Allen.

1872 — John Thompson, chairman; Ole Bergerson, Newton Clark.

1873 — Newton Clark, chairman; Ole Bergerson, R. S. Alexander.

1874 — Newton Clark, chairman; Ole Bergerson, R. S. Alexander.

1875 — R. S. Alexander, chairman; Ole Bergerson, William
Robertson.

1876 — William Robertson, chairman; Ole Bergerson, RoUuf
Anderson.

1877 — Artemas Gale, chairman; Ole Bergerson, S. H. Burk.

1878 — Artemas Gale, chairman; Ole Bergerson, S. H. Burk.

1879 — Artemas Gale, chairman; S. H. Burk, W. J. Jones.

1880 — S. H. Burk, chairman; W. J. Jones, A. Clendenning.

1881 — S. H. Burk, chairman; W. J. Jones, A. Clendenning.

1882 — S. H. Burk, chairman; A. Clendenning, Christian Aslesen.
A. Clendenning resigned April 7, and N. E. Phillips was appointed
the same day to fill the vacancy.

1883 — S. H. Burk, chairman; Christian x\slesen, Seymour Hill.
Chris. Aslesen resigned January 11, and Ransom Walter was ap-
pointed the same day to fill the vacancy.

1884 — Seymour Hill, chairman; Ole J. Berdahl, Arthur Jones,
John McKee, Ransom Walter. •



HISTORY OF MINNEHAHA COUNTY.



1885 — Seymour Hill, chairman; Ole J. Berdahl, Arthur Jones,
John McKee, G. D. Bannister.

1886— John McKee, chairman; G. D. Bannister, Ole J. Berdahl,
Arthur Jones, John Thompson,

1887 — John McKee, chairman; G. D. Bannister, John Thompson,
O. P. Bowles, Arthur Jones.

1888 — John McKee, chairman; G. D. Bannister, Arthur Jones,
John Thompson, O. F. Bowles.

1889— John McKee, chairman; O. F. Bowles, Henry Mundt,
G. D. Bannister, J. C. Eldridge.

1890 — John McKee, chairman; George L. Wood, G. D. Bannister,
Henry Mundt, J. C. Eldridge.

1891 — John McKee, chairman; Georg-e L. Wood, J. C. Eldridge,
Henry Mundt, Georg-e A. Knott.

1892 — John McKee, chairman; Georg-e A. Knott, Georg-e L.
Wood, John T. Lee, W. O. Colton. Georg-e A. Knott resig-ned De-
cember 31.

1893— John T. Lee, chairman; W. O. Colton, A. J. Berdahl,
Jacob Schaetzel, Jr., Frank Emerson appointed January 3, to fill
vacancy occasioned bv the resig-nation of Georg-e A, Knott,

189-1— John T, Lee, chairman; W. O. Colton, A. J. Berdahl,
Jacob Schaetzel, Jr., Frank Emerson.

1895 — John T. Lee, chairman; A. J. Berdahl, Frank S. Emerson,
Jacob Schaetzel, Jr., C. W. Knodt.

1896— John T, Lee, chairman; Frank S, Emerson, C, W, Knodt,
A, H. Stites, A. H. Stephenson.

1897— John T. Lee, chairman; Frank Emerson, C. W. Knodt,
A. H. Stites, A. H. Stephenson.

1898 — John T. Lee, chairman; Frank S, Emerson, A, H, Stites,
Henry Mundt, A. H, Stephenson,

1899 — John T. Lee, chairman; Frank S. Emerson, Henry Mundt,
A, M. Olmem, Thomas McKinnon.



CHAPTER III.



UNITED STATES DISTRICT COURT - DISTRICT AND
CIRCUIT COURTS OF MINNEHAHA COUNTY — PRO-
BATE COURT — COUNTY COURT.



UNITED STATES DISTRICT COURT.

At the first session of the legislature of the State of South Da-
kota in November, 188'), R. F. Pettig-rew was elected United States
senator. On the first Monday in December, following, he took the
required oath, and entered upon the duties of his office. He began
at once to secure such congressional legislation as the new state
required to place her on an equal footing with her elder sisters, and
on the 27th dav of February, 1890, an act of Congress was approved
declaring that the State of South Dakota should constitute one judi-
cial district, and that for the purpose of holding courts such district
should be divided into three divisions to be known as the Eastern,
Central, and Western divisions, and the United States circuit and
district courts held at Sioux Falls, Pierre, and Deadwood, respec-
tively. The first Tuesday in April and October of each year was
fixed for the eastern division.

In 1893 a change was made, and a new division created called the
Northern division, and Aberdeen was designated as the place for
holding the terms of court for this division. By the same act the
time of holding the October term at Sioux Falls was changed from
the first to the third Tuesday in October. On the 19th day of No-
vember, 1889, Alonzo J. Edgerton was appointed United States
district judge of South Dakota. There was, of course, no govern-
ment building for holding the courts at that time, and rooms were
rented in the Masonic Temple and used for that purpose until the
government building was ready for occupancy in May, 1895. Judge
Edgerton died on the 9th day of August, 1896, and on the 31st day of
the same month John E. Carland succeeded him, and is the present
judge.

Some terms of this court have been quite lengthy, and im-
portant trials have taken place, both civil and criminal. One feature
when held in Sioux Falls which is quite noticeable is the large
number of Indians always in attendance. The district court has
jurisdiction over offences committed on the Indian reservations and
there is at each term a large number of indictments found by the
grand jury against persons for selling intoxicating liquors to the
Indians, which is* prohibited by the statutes of the United States.




AivONZo J. P^ik;kkt()N,
L^niti'd States District Judg-e.




John E. Garland,
United States District Jud^e.



HISTORY OF MINNEHAHA COUNTY. 73

DISTRICT AND CIRCUIT COURTS OF MINNEHAHA
COUNTY.

On the 16th day of May, 1871, the time iixed by law for holdinji-
the first term of the district court in Minnehaha county, a few per-
sons met at the appointed place, but there being- no judg-e present,
the clerk adjourned the court until the next day. Wednesday the
17th day of May, pursuant to adjournment, the court convened, Hon.
W. W. Brooking-s, associate justice of the supreme court of Dakota
territory and presiding- judg-e of the second judicial district, being-
present and presiding-. The docket was called and court then ad-
journed until the next day. On the 18th, the case of J. P. Van
Dooser vs James Stephenson was called, and on motion of James
Hand, attorney for plaintiff, a judg-ment by default was taken ag-ainst
the defendant for the amount claimed in the complaint tog-ether with
cost of suit. The judg-ment was for $188.07 damag-es and S10.*)3
cost. This action was broug-ht upon a promissory note g-iven by
defendant at Rochester, Minnesota, on the 12th day of May, 1865,
payable to the order of Van Dooser & Hitchcock, with interest at
twelve per cent per annum, and the note had upon it a ten cent
revenue stamp. The summons in this case was served by John
McClellan, and Moody and Hand appeared as attorneys associated
with James A. Hand. At this term of court, on motion of James A.
Hand, John Bippus was admitted to the bar upon a certificate that
he had been admitted to practice law by the circuit court of Hunt-
ing-ton county, Indiana. The foreg-oing- comprises all the doing-s at
the first term of the district court in Minnehaha county, and the
court adjourned on the 18th day of May. O. B. Iverson was clerk
and Cyrus Walts, deputy clerk.

The next term, the district court convened May 21, 1872, but the
judg-e being- absent, nothing- was done until the 23d, when Judge
Brookings arrived. Prom the record it appears that only two cases
were called. In the first one, a demurrer to the complaint was sus-
tained and excepted to by the defendant, and in the next a motion
was made to set aside the complaint, which was overruled and de-
fendant given twenty days to file an answer, upon the payment of
five dollars costs, and court adjourned.

The third term, the district court convened on Tuesday, May 20,
1873, but no judge was present, and the clerk adjourned the court
until the next day, at which time the Hon. A. H. Barnes, associate
justice of the supreme court, arrived and held the term. Melvin
'Grigsby was clerk and W. H. Holt was sheriff. The first business
appears to have been the admission to the bar of Albion Thorne and
M. H. Underwood upon motion of C. H. Winsor. There was quite a
number of cases upon the docket at this term, and it was the first
term of court in Minnehaha countv during which the lawyers had
anything to do. In one case, Alfred Puller vs C. L. Gardner, a
change of venue was granted and the case sent to Lincoln county for
trial. Continuances were granted in other cases. Pour decrees of
divorce were rendered at this term of court, the first one being in



74 HISTORY OF MINNEHAHA COUNTY.



the case of James G. Botsford vs Angeline C. Botsford, and the
judge in his decree says: "The welfare of both parties demands a
separation of the parties." One of the other cases was entitled,
Hattie M. Lansing- vs Judson P. Lansing. The marriage records of
this date show, that immediately upon receiving their respective de-
crees, James G. Botsford and Hattie M. Lansing were united in the
holy bonds of matrimonv. The first grand jury of Minnehaha county
was summoned at this term, and consisted of the following persons:
J. L, Phillips, foreman, Joseph Dickson, J. C. Shepherd, J. C.
Ervin, SevmourHill, C. E. White, Thomas Dickson, O. W.Douglass,
D. W. Fitz, John O. Walker, A. Danielson, H. B. Caldwell, John Ol-
son, J. Ernstrom, J. Duganne, R. W. Talcott, R. G. Plemming, J.
Dunham and D. S. Goodyear. The}' found three indictments for
petit larceny, and two for assault and battery, and were discharged
on the 23d day of May. During- this term of court, the pleadings in
two or three cases required amending, and, as the parties were
anxious for a trial, it was decided to hold an adjourned term in Oc-
tober. The case of O. B. Iverson vs C. E. White, was the only jury
case tried. This was an action to recover damages for logs, trees
and cord wood belonging to plaintiff and which he alleged the defend-
ant had taken and converted to his own use, and that they were of
the value of S206. Winsor & Bailey were attorneys for plaintiff and
McLaury & Underwood attorneys for defendant. The answer filed
in this case is so artistically drawn that we give it below: "The de-
fendant answers to the complaint: 1st, That as to Count one of said
complaint, that no allegation contained therein is true. 2d, That as
to Count two, that he has no knowledge or information sufficient to
form a belief whether any one allegation thereof is true." The jury,
composed of eleven men, found for plaintiff and assessed damages at
$67.10. During this term of court, Mark W. Bailey was admitted to
the bar. Albion Thorne was district attorney. On the 1st day of
October, 1873, the court convened pursuant to adjournment, A. H.
Barnes presiding, and two jury trials were had. On the 3d day of
October, D. E. Sherman and E. G. Wheeler were admitted to the bar.

Court convened for the fourth term of the district court, June
10, 1874. Chief Justice P. C. Shannon, presiding judge; Albion
Thorne, district attorney; D. T. Scott, sheriff; Cyrus Walts, clerk.
The grand jury was called June 11, but only seven persons answered
to their names; nine other persons were then immediately summoned
and the panel completed. Six indictments were found — three for
selling intoxicating liquors without a license, and one each for petit
larceny, extortion, and malicious mischief. Four of these indict-
ments were quashed on motion. There were four jury trials during
the term, and the jury was disharged June 16. C. J. Hadley was
admitted to the bar June 11. At this term of court the records show
that Bartlett Tripp, Alexander Hughes and three or four other
attornevs were in attendance from outside the countv.

Fifth term. May, 1875. On the 18th dav of MaV, 1875, the dis-
trict court of Minnehaha county convened. Hon. G. G. Bennett,
associate justice of the supreme court, presiding judge; Albion
Thorne, district attornev; A. J. Berdahl, sheriff; Cvrus Walts, clerk.



>■■










m








Judge W. W. Brookings,



HISTORY OF MINNEHAHA COUNTY. 77



The grand jury commenced its work on the 19th, and was discharg-ed
on the 24-th day of May, having- found no indictments. There were
four jury trials during- this term, and in one of the cases — Almira
Dixon vs Ira Dixon — the following- verdict was rendered: "We, the
jury, find for plaintiif on her complaint, and for the defendant on his
counter claim." On the 21st day of May, George J. Skinner was
admitted to the bar. The court adjourned on the 24th.

Sixth term. May, 1876. The court convened on the 16th day of
May. Hon. G. G. Bennett, presiding- judg-e; Albion Thorne, district
attorney; A. J. Berdahl, sheriff; Cyrus Walts, clerk. At this term
of court there were five jury trials. The g-rand jury did not find
any indictments, and court adjourned on the 28th day of May.

Seventh term. May, 1877. Court convened on the 15th day of
May. Hon. P. C. Shannon, presiding judge; Albion Thorne, district
attorney; V. R. L. Barnes, sheriff; Cyrus Walts, clerk. On account
of some circumstances growing out of the subdivision of the second
judicial district, by which the counties of Minnehaha and Lake were
made one subdivision, the court adjourned until the 24th dav of Mav.
On May 26, C. W. McDonald was 'admitted to the bar. The grand
jury found two indictments, one of them being ag-ainst A. V. Corson,
for the murder of Jack Van Kirk. There were three jury trials.
On the 1st day of June the court adjourned until the 17th day of
July, and on that day court convened with Judge G. G. Bennett pre-
siding. At this adjourned term, Corson plead guilty to man-
slaughter in the first degree, and was sentenced to seven years hard
labor in the penitentiary at Fort Madison, Iowa. One civil cause
was tried by jury. Court adjourned on the 18th day of July.

Eighth term, May, 1878. Court convened May 21, Judge P. C.
Shannon, presiding. Albion Thorne, district attorney; V. R. L.
Barnes, sheriff; Cyrus Walts, clerk. At this term of court, five in-
dictments were found by the grand jury; there were four jury trials;
eight indictments found" prior to this term were dismissed. Edwin
Parliman, Justice A. Wilson and Lewis M. Estabrook were admitted
to the bar Mav 21; Alonzo Frizzell, May 22; Gorham P. Cross and
Oscar E. Rea,' May 24; Martin A. Rathbone, May 25.

Ninth term, June, 1879. Court convened June 10. Hon. J. P.
Kidder, presiding judge; Alfred M. Plagg, district attorney; Henry
Callender, sheriff; Cyrus Walts, clerk. The grand jury was in ses-
sion seven days, andfound nine indictments. There were four civil
cases tried to a jury and seven criminal, resulting in four convictions
and three acquittals. At this term of court proceedings were com-
menced to obtain the right of way for the C, M. & St. Paul Railway
Co. The following persons were admitted to the bar: John T. Fish,
Frank L. Boyce, R. J. Wells, Henry M. Williams, Charles E. Flan-
drau, R. A. Murrav, George Rice, Edward R. Ruggles and E. E.
Sterling.

Tenth term, December, 1879. At the 13th legislative session of
the Territory of Dakota an act was passed fixing the terms of the dis-
trict court 'in Minnehaha county ^Minnehaha, Lake and McCook
counties constituting one subdivision) on the 2d Tuesday in June
and December in-each -year, -court-i<§-^be' held, at the county; seat of



78 HISTORY OF MINNEHAHA COUNTY.



Minnehaha county. There was a proviso attached, as follows: "Pro-
vided, however, that the December term shall not be held except upon
order of the county commissioners of Minnehaha county." The
necessary order was made, and court convened December 9, Jeffer-
son P. Kidder, presidino- judge; Alfred M. Plaggf, district attorney;
Henry Callender, sheriff; Cyrus Walts, clerk. There were ten jury
trials, six civil and four criminal. The g-rand jury was summoned
to appear on the 30th day of December, and was discharged on the
8th day of January, 1880, after having found sixteen indictments.
Thomas S. Free, Moulton J. Oilman, J. K. Doolittle and Alvin J.
Bolster were admitted to the bar. Court adjourned January 9.

Eleventh term, June, 1880. Court convened June 8. Hon. J. P.
Kidder, judge; Alfred M. Plagg, district attorney; Henry Callender,
sheriff; Cyrus Walts, clerk. On the 9th day of June court adjourned
until the 16th day of June, and on that day adjourned to the 20th day
of July, and on the 21st day of July the court adjourned to the 21st
day of September, and made an order for summoning a grand and
petit jury to serve at that time. On the 21st day of September the
court ordered the jurors summoned, to appear on the 16th day of
December, when the court convened pursuant to adjournment. The
grand jury found seven indictments. One of them being against
Thomas Egan for the murder of his wife, and one against Henry
Muchow, charging him with the murder of John Pehlhafer on the 4th
day of July preceding, by assaulting and striking him with a neck-
yoke, fracturing his skull, by reason of which he died on the 11th day
of July. The trial of this case commenced on the 27th day of Decem-
ber, and the prisoner was defended by C. H. Winsor and Thomas
Wolf. On the 29th day of December he was found guilty of man-
slaughter in the first degree, the jury recommended him to the
mercy of the court. On the 31st day of December he was sentenced
to four years imprisonment in penitentiary at Detroit, Michigan.
Pettigrew and Swezey appeared as attorneys for Egan, and the case
was continued. There were six jury trials during this term, five of
them being civil cases. M. R. Kenefick, J. H. Bottum, Charles E.
Gregory and D. A. Brown were admitted to the bar. Court ad-
journed December 31.

Twelfth term, April, 1881. Art act was passed by the legis-
lature in February, 1881, by which Minnehaha and McCook counties
were made a subdivision of the fourth judicial district, and the terms
of court fixed for the first Tuesday of April, and the second Tues-
day of November, in each year. On the 5th day of April, the judge
not being present, the clerk adjourned the court until the next day,
and on the 6th, for the same reason, adjourned the court until the
7th, and on that day adjourned without date. This was one of the
results of the deep snow, the winter preceding.

Thirteenth term, November, 1881. On the 8th day of November
court convened. J. P. Kidder, judge; J. W. Carter, district attorney;
J. M. Dickson, sheriff; Cyrus Walts, clerk. There were nine in-
dictments found by the grand jury, and ten cases tried to a jury — six
civil and four criminal. One of the criminal cases tried was the
, Territory.of Dakota -vs Thomas Egan, for the murder of Mary Egan,




Judge Jefferson P. Kidder.



HISTORY OF MINNEHAHA COUNTY. 81



his wife. The trial was commenced November 25, L. S. Swezey and
C. H. Winsor appearino- for defendant. There were twenty-three
jurymen on the reo-ular panel, but it was soon exhausted," and a
special venire was issued for forty additional persons. The exam-
ination of the jurymen drawn in this case, was not completed until
the 28th, when a jury was obtained and the trial proceeded. At the



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 8 of 99)