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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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conclusion of the evidence on the part of the prosecution, the de-
fendant's attorneys announced that they had no evidence to oifer.
The case was argued to the jury on December 1, and on the same
day a verdict of "g-uilty as charged in the indictment" was rendered.
George L. Wood, of Logan, was foreman of the jury. A motion in
arrest of judgment and for a new trial, was immediately made by
defendant's attorneys, which motion was denied by the court, and on
December 3, Egan was sentenced to be executed on Fridav, January
13, 1882. Execution of the judg-ment was stayed, upon the applica-
tion of defendant's attorneys, and the case was taken to the supreme
court, where the judgment of the district court was affirmed.

Thomas H. Fairfax, C. H. Wynn and Charles M. Harl were
admitted to the bar during the term. Court adjourned December 3.

Fourteenth term, April, 1882. By an order of Judge J. P. Kid-
der, the April term of court was adjourned until April 11, at which
time court convened. J. P. Kidder, judge; J. W. Carter, district
attorney; J. M. Dickson, sheriflF; Cyrus Walts, clerk. There were
seven indictments found at this term of court, and there were
thirteen jury trials, six of them being criminal cases, resulting in
four convictions, one acquittal, and one disagreement of the jurv.
One of the convictions, was that of Samuel Irvin charged with at-
tempting to shoot one of his neighbors. He was sentenced to fifteen
months in the penitentiary at Detroit, Michigan. On the 2*^)th day of
Alav, Thomas Egan was sentenced to be executed on the 13th dav of
July.

During this term of court W. H. Crow, Jackson B. Young and
Andrew C. Phillips were admitted to the bar.

Fifteenth term, November, 1882. Court convened on the 14th
day of November. J. P. Kidder, judge; J. W. Carter, district at-
torney; J. M. Dickson, sheriif; Cyrus Walts, clerk. At this term of
court thirtv indictments were found, but nearly all of the persons
indicted plead guilty, and were fined fifty dollars and cost, amounting
to $60.30 in each case. These indictments were for selling intoxi-
cating liquors. There were fifteen jury trials — twelve civil, and
three criminal cases resulting in one conviction and two accjuittals.
Charles A. Rounds, Herbert Taft Root, Aaron A. Bryan, Harry
Lacy, Paul Watson and E. Everett Savage were admitted to the l)ar.
Court adjourned December 1.

Sixteenth term, April, 1883. The 3d of April was the day fixed
by law for the opening of the court; but no judge being present, the
court was adjourned to the 4th, and on that day adjourned to the 5th
for the same reason. On the 5th the court convened, J. P. Kidder,
presiding judge; J. W. Carter, district attorney; J. M. Dickson,
sheriff; Cyrus Walts, clerk; T. G. Brown, stenographer. At this
term, of court there were eio-ht civil cases tried to a jurv, and



82 HISTORY OF MINNEHAHA COUNTY.



three criminal. The g-rand jury found twenty-one indictments.
Pleadino- g-uilty in most of the cases, and receiving- a fine of fifty dol-
lars, indicates that the indictments were for selling- intoxicating-
liquors. Peter V. Coifernoll, Jesse W. Boyce, Zane Bigg's, Eug-ene
W. Coug-hran and Frank W. Little were admitted to the bar. Court
adjourned April 18.

On the 2d day of October, 1883, Judg-e Kidder died in St. Paul
and there was no court held in Minnehaha county in November, in
consequence of his death.

Judg-e Edg-erton made an order for a special term of the district
court to be held June 21, 1883; but no jurors were summoned, and
the records show there was no business done except to g-rant a di-
vorce, and court adjourned the day it convened.

Seventeenth term, April, 1884. On the first day of April court
convened. Hon. Cornelius S. Palmer, associate justice of the su-
preme court, presiding- judg-e; J. W. Carter, district attorney; J. M.
Dickson, sheriff; Cyrus Walts, clerk; T, G. Brown, stenog-rapher.
The g-rand jury found twenty-one indictments, and was discharg-ed
on the 12th. During- the term there were thirty-one jury trials —
nineteen civil and twelve criminal — nine convictions and three acquit-
tals. This was one of the important terms of the district court.
One of the civil causes tried was that of Rose McBride vs City of
Sioux Falls, claiming- five thousand dollars damag-es for injuries re-
ceived owing- to a defective street; C. H. Wynn and J. W. Jones
were attorneys for the plaintiff, and A. Frizzell and Bartlett Tripp
for the defendant. The trial resulted in a verdict for the defendant.
On the 16th day of April, Alfred M. Flag-g- ^leaded guilty to embez-
zlement, and was sentenced to four years in the penitentiary. Sam-
uel Irvin, who had served a term in the penitentiary for shooting- at
one of his neig-hbors, was ag-ain tried upon the charg-e of assault with
intent to kill; the offense being- connected with the same affra\', the
trial resulted in a verdict of simple assault.

The following- action was taken on the first day of this term of
court upon the death of Judg-e J, P. Kidder: C. H. Winsor moved
and the Court ordered, "that a committee of five members of the
Minnehaha bar be ap])ointed to prepare and report to the court suit-
able and appropriate resolutions upon the death of the Hon. Jeffer-
son P.Kidder, late associate justice of the supreme court of this ter-
ritory and judg-e of the fourth judicial district." The Court ap-
pointed as such committee, E. Parliman, W. A. Wilkes, H. H. Keith,
T. S. Free and P. L. Boyce. On the 29th day of April, Hon. Edwin
Parliman presented the following- resolutions:

"'Resolved, that the supreme court of this territory, the district
court of the fourth judicial district, the bar and the people of this
territory have sustained in the death of the Hon. Jefferson P. Kid-
der the loss of an honorable and uprig-ht judg-e; that his long-
judicial career in this territory has been marked by g-reat industry,
high ability and incorruptible integ-rity, and in the termination of his
long- public career universal reg-ret is felt and universal sympathy
extended; that in this slig-ht tribute to his memory we can but inad-
equately express the loss sustained by his death; that his life and




Judge Cornelius S. Palmer.



HISTORY OF MlNNEHAHA COUNTY. 8^



labors, characterized as the}' were by honor, industry and the fullest
integ-rity, are left for the future, and stand as an encourao-ement to
those of us who survive him, showing- that success in life depends
more upon integ-rity and g-ood faith than upon more brilliant accom-
plishments.' '

After the presentation of the above resolutions, remarks were
made by the judg-e and members of the bar, and the resolutions
were ordered to be spread upon the records of the court.

Hosmer H. Keith, Dana Reed Bailey, Romeo H. Start, T. W.
Noves, Charles L. Brockwav, Joseph W. Jones, R. B. Smith, Her-
bert L. Oreene, Henry M. Avery, James B. French, Scott Ransom,
Martin A. Butterfield,' Delmore "Rlwell, Sutton E. Young- and W. S.
Wynn, were admitted to the l)ar.

At this term of court, the case of Artemas (iale \s Mamie (1.
Shillock, et al., was tried by the court. It involved the title to a
valuable tract of land in the then southerly limit of the city.

The g-reater portion of the indictments at this term of court
were for selling- intoxicating- liquors, and were treated as Fornu-rlx .
the ])arties being- fined.

An order was made bv Judg-e Palmer that s])ecial terms of ccuirl
be held on the 2(>th day of" July and the 23d day of Aug-ust, but the
records do not show that any business was done.

Eig-hteenth term, November, 1884. Court convened November
11. C. S. Palmer, judg-e; J. W. Carter, district attorney; J. M.
Dickson, sheriff; Cyrus Walts, clerk; T. (t. Brown, stenog-rapher.
The g-rand jury found thirteen indictments, and were discharg-ed
November 15. "Fifteen civil and five criminal cases were tried to a
jurv. At this term of court the case of Wm. T. Henton vs the City
of Sioux Falls was tried. This was an action for damag-es received
bv the plaintiff" by reason of coming- in contact with a telephone wire
while riding- along- Phillips avenue. The verdict was for the defend-
ant. The case of the Territory vs E. G. Smith was also tried.
Smith and Clampit were pork packers in Sioux Falls, and Smith
claimed that Clampit had gfot away with some of the partnership
funds, and with a drawn knife induced Clampit to make his check
for S250. Smith was indicted for extortion. The trial excited ag-ood
deal of interest, and was well tried by J. W. Carter for the prosecu-
tion and C. H. Winsor and H. H. Keith for the defense. But it
seemed that Smith had the most friends and the verdict of the jury
was in effect, that Smith adopted the proper method to adjust their
partnership accounts. -Clampit left this vicinity about the time the
verdict was rendered. At this term of court the case of Mamie (r.
Shillock, et al., vs R. F. Pettig-rew, et al., was tried. This case in-
volved the title to 100 acres in the most populous resident portion of
the citv. The defendants prevailed, and since then the title has
been confirmed in the defendants. The following- persons were ad-
mitted to the bar: Samuel E. Tate, Albe_rt T. P>ee and Arthur C.
Phillips. Court adjourned January 2, 1885.

Nineteenth term, April, 1885. Court convened April 14. C. S.
Palmer, judg-e; E. G. Wrig-ht, district attorney; J. M. Dickson,
sheriff; Cyrus Walts, clerk; T. (t. Brown, stenog-raj^her. One crim-



86 HISTORY OF MINNEHAHA COUNTY.



inal and fourteen civil cases were tried to a jury. At this term of
court several cases of more than ordinary interest were tried.
Amono- them were the cases of S. M. McCormack vs Andrew C.
Phillips; Ole Lang-ness vs Justin A. Pettig-rew, involving- the ques-
tion of the defendant's rig-ht to maintain his milldam across the Big-
Sioux at Baltic at the heig-ht he had built it; John A. Bankson vs the
City of Sioux Palls, claiming- damag-es in the sum of S5,000 for per-
sonal injuries he had received owing- to snow and ice being- permitted
to remain upon the sidewalk on Dakota avenue. In the last men-
tioned case a verdict was rendered for the defendant. On March 7,
1883, the territorial leg-islature passed a law that clerks of the dis-
trict courts should be elected in each org-anized county in the terri-
torv. At the November election of the same year J. B. Cloudas was
elected for Minnehaha county, and at this term of court, throug-h
proper proceedings, he politely invited Cyrus Walts to vacate the of-
fice of clerk. Judge Palmer held that the leg-islature had no author-
ity to make such a law; that Cong-ress had g-iven the judg-es of the
supreme court in the territory the rig-ht to appoint their clerks, and
he retained Mr. Walts. A. C. Biernatzki, S. H. Sibley and Rudolph
Schultz were admitted to the bar. Court adjourned July 9.

Rules g-overning- the practice in the fourth judicial district,
(thirty-two in number) were adopted July 9, 1885, by Judg-e Palmer.

Twentieth term, November, 1885. Court convened November 10.
C. S. Palmer, judg-e; E. G. Wrig-ht, district attorney; J. M. Dickson,
sheriff; Cyrus Walts, clerk; T. G. Brown, stenog-rapher. The g-rand
jury found eig-ht indictments, and was discharg-ed December 12.
Nineteen civil and two criminal cases were tried to a jurv. On De-
cember 1, the following- appears in the record:

"In view of the fact that this is the day appointed for the fu-
neral of Thomas A. Hendricks of the State of Indiana, late Vice
President of the United States, and out of respect for him and the
hig-h position he occupied, I move that this Court do take a recess
from 12 o'clock noon, until two and half o'clock P. M., the hour set
apart for the funeral. E. G. Wrig-ht, District Attorney."

The Court ordered recess taken as requested.

Althoug-h this term of court was a busy one, no cases of public
interest were tried. Park Davis, Alfred Beard Kittredg-e, Rog-er W.
Cooley and Wm. E. Howe were admitted to the bar. Court ad-
journed December 23.

Twenty-first term, April, 1886. Court convened April 13. C.S.
Palmer, judg-e; E. G. Wrig-ht, district attorney; J. M. Dickson,
sheriff; Cyrus Walts, clerk; T. G. Brown, stenog-rapher. The
g-rand jury found six indictments and were discharg-ed April 17.
Eig-ht civil and two criminal cases were tried to a jury. April 21,
Judg-e Bartlett Tripp took the place of Judge Palmer until April 28.
J. Ryan, Edwin R. Young- and Matt B. Keliey were admitted to the
liar. Court adjourned May 4.

Twenty-second term, November, 1886. Court convened Novem-
ber 29. C. S. Palmer, judge; E. G. Wright, district attorney; J. M.
Dickson, sheriif; Cyrus Walts, clerk; T. (t. Brown, stenog-rapher.
The g-rand jury found eleven indictments and were discharg-ed De-



HISTORY OF MINNEHAHA COUNTY. 8/



cemlier 3. One criminal and t\vent\'-one civil cases were tried to a
jury. At this term of court the case of Francis Wiren ao-ainst the
City of Sioux Falls, claiming- S5, ()()() dama^-es for personal injuries
received bv reason of a defective sidewalk on Phillips avenue, was
tried, and a verdict for the defendant was rendered. Quite a num-
ber of the cases tried at this term of court were hotly contested, but
were of no particular interest, except to the parties involved. Rob-
ert Copeland, Joseph Kirbv, A. D. Collier, E. A. Sherman, J. i).
Eddy, Charles Wilson Smith, Charles E. McKinney, John H. Fernv-
houo-h and Charles P. Bates were admitte<l to the bar. Court ad-
journed December 18.

Twenty-third term, April, 1887. Court convened April 12. C.
S. Palmer, judg-e; A. A. Polk, district attorney; John Sundback,
sheriff; Cyrus Walts, clerk; T. G. Brown, stenographer. The rec-
ords do not show^ that a g-rand jury was summoned at this term of
court. Sixteen civil cases were tried to a jury. A g-ood many of
the cases tried were important to the parties, as thev involved larg-e
amounts, but were not of such character as to excite public interest.
The case of E. G. Wrig-ht ag-ainst the county, g-rowing- out of a
disag-reement as to the amount of the salary he should receive as
district attorney, was tried to a jury, and resulted in a disag-reement,
and the case was continued. The case of A. A. Polk ag"iinst the
county of Minnehaha, similar to that of E. G. Wright's, was tried to
the court and a judg-ment rendered in favor of the county, which was
afterwards reversed by the supreme court. This was the first term
of A. A. Polk as district attorney, and he took occasion to dismiss
several criminal cases from the docket, that had become too old to
prosecute successfully. Benjamin Wyckoif, Charles O. Bailev,
Robert Buchanan and R. C. Hawkins were admitted to the bar.
Court adjourned April 30.

Twenty-fourth term, November, 1887. Court convened No-
vember 8. C. S. Palmer, judg-e; A. A. Polk, district attorney; John
Sundback, sheriff; Cyrus Walts, clerk; E. P. White, stenographer.
The g-rand jury found fourteen indictments. Six criminal and
twenty-six civil cases were tried to a jury. This was a term of im-
])ortant cases and larg-e verdicts. Judg-e Spencer was called in to
trv the causes growing- out of the failure of the first National Bank.
Eig-ht verdicts were rendered for the plaintiffs in the following-
sums: SI, 110, SI, 260, SI, 417, SI, 500, S2,50(), S4-,400, S5,340 and Sl(>.7n().
In one case involving- S12,000, a verdict w^as returned for defendant,
and in two other important cases verdicts were rendered for the
defendants. The supreme court reversed a g-ood deal of the work
of this term of court. U. S. G. Cherry. Peter J. Rodge, S. W. Sul-
livan and Cvrus Walts were admitted to the bar. Court adjourned
Januarv 25," 1888.

Twenty-fifth term, April, 1888. Court convened April 10. C.
S. Palmer, judg-e; A. A. Polk, district attorney; John Sundback,
sheriff; Cvrus Walts, clerk; E. P. White, stenog-rapher. The grand
jury found two indictments and was discharg-ed April 14. One crim-
inal and twelve civil cases were tried to a jury. Judg-e John E.
Garland took the oath of office on the 11th day of April and ])resided



HISTORY OF MINNEHAHA COUNTY.



at this term of court. He appointed W. D. Stites clerk of the court,
on April 17, the appointment to take effect April 19. At this term
of court John O. Meara was tried for forg-ery, and after the prose-
cution had put in its case, the court advised the jury to return a
verdict of acquittal, which was done according-lv. Charles J. Porter,
Wm. H. Wilson, Edward E. Burns and Samuel J. Barrows were
admitted to the bar. Court adjourned July 30.

On September 1, 1888, a revision of the rules g-overning- the ]3rac-
tice in the fourth judicial district was made, and they were spread
upon the records.

Twenty-sixth term, November, 1888. Court convened November
13. John E. Carland, judg-e; A. A. Polk, district attornev; John
Sundback, sheriff; W. D. Stites, clerk; E. P. White, stenographer.
Upon the opening" of the court an order was made, adjourning* court
until November 19, and on that day the business of the term com-
menced. The g-rand jur\^ found thirteen indictments, and was dis-
charg-ed December 5. Only one criminal case was tried to a jury,
which resulted in an acquittal. Twenty-three civil cases were tried
to a jury. The case of the Plymouth County Bank vs Frazier Oil-
man, which had for a long- time stood at the head of the calendar,
was tried. Two cases g-rowing- out of theM. I. Jacquith failure were
tried at this term of court; and two verdicts were directed in im-
portant cases g-rowing- out of the First National Bank failure. This
term of court was a iig-hting- term from the beg-inning- to the end, and
althoug-h the cases were not of g^reat public interest, the parties and
their attorneys were more than usually belligferent. Ralph W.
Hobart was admitted to the bar. Court adjourned Januarv 14.

Twenty-seventh term, April, 1889. Court convened April 9.
Frank R. xVikens, judg-e; C. O. Bailev, district attornev; John Sund-
back, sheriff; W. D. Stites, clerk; K. P. White, stenog^rapher. The
g-rand jury found eig-ht indictments, and was discharg-ed April 1().
There were thirteen jury trials during- this term, eleven of them
being civil cases. E. G. Wrig-ht succeeded in g-etting- a verdict
ag-ainst the county in the sum of S355.50. This was the third trial
of the case — the jury disag-reeing- the first time, and rendering- a ver-
dict ag-ainst him upon the second trial, which was set aside and a
new trial g-ranted. Comment is unnecessary to establish the fact
that E. G. Wrig-ht has some fig-hting- qualities in his make-up. This
was a very quiet term of court — the cases tried not involving- larg-e
amounts, with one or two exceptions. It w^as the last term of the
district court in Minnehaha county. Upon the calendar for that
terra, the names of eig-hty persons appear as attorneys. Frank H.
Knapp, John H. Williamson, Charles A. Gilday and Joseph H. Lord
were admitted to the bar. Court adjourned May 3.




Judge Frank R. Aikens.



HISTORY OF MINNEHAHA COUNTY.



CIRCUIT COURT OF THE SIOCOND JUDICIAL CIRCUUr,
WITHIN AND FOR MINNEHAHA COUNTY.

The constitution of the State of South Dakota was a(h)j)te(l
November 2, 1889, and South Dakota became a state on that (hiv.
Under the provisions of article fifth of the constitution, the judicial
powers of the state were vested in supreme, circuit and count v
courts, and justices of the peace,- and such courts as mij^-ht be
created by law for cities and incorporated towns. Under the pro-
visions of the constitution, the state was divided into eig'ht judicial
circuits, and Minnehaha county was placed in the second. There
was no term of district or circuit court in Minnehaha countv in
November, 1889, owing- to the change made in judicial matters by the
adoption of the constitution. At the first session of the legfislature
of the State of South Dakota, an act v/as passed, transferring- the
l:)usiness before the territorial district courts to the circuit courts,
and fixing- the terms of the circuit courts of the state; and by another
act, two terms in each year, of the circuit court in Minnehahacounty,
were provided for to be held on the fourth Tuesdav in Alav, and the
second Tuesday in December.

First term, Mav, 1890. Court convened on the 27th dav of Mav.
Frank R. Aikens, judg-e; C. O. Bailey, district attorney; W. D. Stites,
clerk; John Sundback, sheriff; E. P. White, stenographer. The
g-rand jury found eleven indictments, and was discharg-ed June 10.
Eig-ht criminal cases were tried, resulting- in four convictions and
four acquittals, thirty civil cases were tried to a jury. Some import-
ant cases were tried at this term of court, but in the g-reater num-
])er of them there was but a small amount in controversy. The case
of Mag-g-ie O'Rourk vs C. T. Jeffers and Porter P. Peck, was un-
doubtedlv the most important case of the term, and excited the most
l^ublic interest. It was an action broug-ht to recover S10,()00 for per-
sonal injuries received by the discharg-e of a cannon at the corner of
Ninth street and Dakota avenue, during- the evening- of the g-reat rati-
fication meeting- of the election of R. F. Pettig-rew United States sen-
ator. Peck was relieved from any liability by a verdict of the jury,
under the direction of the court, and a verdict rendered ag-ainst Jef-
fers, in the sum of S9,500. The last that appears of this term of
court in the records is the following-; "September 6, the case of (xil-
bert Hanson vs Red Rock Township still on trial."

Second term, December, 1890. Court convened in the new court
house for the first time December 2. Frank R. Aikens, judg-e; D. R.
Bailey, district attorney; John Sundback, sheriff; W. D. Stites, clerk;
E. P. White, stenog-rapher. C. O. Bailey having- resig-ned the oftice
of district attorney, D. R. Bailey was appointed Aug-ust 21, 189(), to
fill out the unexpired term. At the November election, 1890, Alliion
Thorne was elected clerk of the county and circuit courts, and took
the oath of office and commenced his official duties on the (>th day of
January, 1891. The old case of the Plymouth County Bank vs Pra-
zier Oilman, was ag-ain tried to a jury, resulting- in a verdict for the
defendant. The grand jurv returned five indictments, and was dis-



92 HISTORY OF MINNEHAHA COUNTV.



charg'ed December 12. There were twentv-live jury trials — twenty
civil and five criminal cases. The criminal cases tried at this term of
court were quite important, and some of them excited a good deal of
public interest. The case of the State vs Edward J. Mannix, charo-ed
with embezzlement from the Western Union Telegraph Co., was
thorouo-hly tried. C. O. Bailey, W. H. Stoddard and D. R. Bailev
for the prosecution, and C. H. Winsor and Judge Garland for the de-
fense. C. O. Bailey prepared the case for the prosecution, and it
was admirably done, and C. H. Winsor made one of his most eloquent
and pathetic appeals to the jury, for an acquittal of the defendant —
and the jury said "Amen." The case of the State vs Dr. C. P. Bis-
sell, charg'ed with administering morphine, while under the influ-
ence of intoxicating- liquors, to B. F. Sheffer, thereby causing his
death, was another interesting- case. D. R. Bailey for prosecution
and Wynn & Nock for defendant. He was ably defended, and the
jury disagreed. In the case of State vs Annie Nelson, charged with
burning several stacks of wheat, the same attorneys appeared as in
the Bissell case, and the jury disagreed. Two other criminal
causes were tried, one charging an assault with a dang^erous weapon,
and one for burg-lary, in which verdicts of g-uilt}^ were rendered.
Some of the civil causes tried to a jury, were more than ordinarily
interesting-. The case of Clark G. Coats vs H. L. Hollister — two old
friends — was hotly contested and a verdict rendered for the plaintifl"
in the sum of S15, 935.00. The counsel in this case were Judg-e Pal-
mer, Park Davis and D. R. Bailey for plaintiff, and Bailey & Stod-
dard and T. B. McMartin for defendant. Another case of consider-
able interest, was that of J. A. Wilson vs Drs. Brown & Tufts, the
plaintiff bringing suit claiming that the defendants negdig-entlv
treated a fractured leg- of plaintiff's and asking for a larg-e sum in
compensation. The testimony in the case showed, that the unfortu-
nate condition of the plaintiff, was the result of his own neglig-ence,
and the jurv found a verdict for the defendants. John Howard
Gates and David Winton were admitted to the bar at this term of the
court. Court adjourned January 31, 1891.

By an act of the legislature, approved March 7, 1891, the terms



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 9 of 99)