The Ottawa Herald from Ottawa, Kansas on February 9, 1963 · Page 8
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The Ottawa Herald from Ottawa, Kansas · Page 8

Ottawa, Kansas
Issue Date:
Saturday, February 9, 1963
Page 8
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Murder First Criminal Case In District Court By DICK CRAWFORD The nature of crime hasn't changed much in Franklin County in the 102 years since the establishment of Franklin County District Court. Some of the old records of criminal and civil trials show larceny cases, recovery of money cases and just about any kind of case that has been filed with the court clerk in recent months. Some of the records are difficult to read since they were written in longhand, and some of them are difficult to follow because there is no indication of the outcome. All the records are written in the usual legal jargon, perhaps in a more flowery manner than today's records. Records in the Franklin County District Court date back at least to May 20, 1861, when the first numbered case shows an unnamed defendant had allegedly threatened to kill "clean out," and feloniously do other injury to a man named Hendricks. Hendricks claimed he had rea- sdn to believe the defendant meant what he said, and an $100 peace bond was issued to insure in some way that the defendant would not carry out his threat. The old court records show many unnumbered cases involving peace bonds. The second numbered case to appear in the files involved an action charging another unnamed defendant with burglary and larceny on Dec. 31, 1861. The records state that the defendant entered the home of William H. Agnew and, with force of arms, carried away a double- barreled shotgun valued at $40, a breast set of harness worth $20 and a rifle valued at $25. OTTAWA'S FIRST DISTRICT JUDGE - This is photograph of Solomon 0. Thacher, first judge of local district court. TODAY'S FRANKLIN County District Judge, Floyd H. Coffman, fastens robe in office at courthouse. (Herald Photos). Status Quo Not For Boyd By ELON TORRENCE TOPEKA (AP)-A soft-spoken farmer-livestockman from Larned, Kan., holds down the position of speaker pro tern in the 1963 Kansas House. In the capacity, Rep. Ed Boyd presides over the House when Speaker Charles Arthur finds it necessary to be absent from the House chamber. The power of Boyd's office is not great. But Boyd's title in the current session might well be speaker "pro team" as an indication that Boyd is a member of the'.top leadership team in the He fat playing an important part in discussions and conference! in which Republican leaden determine the day - to • day course of House deliberations. Boyd, 37, is the youngest of the top House leaders both in chronological age and legislative experience. He was born Jan. 31, 1926, at Larned, making him 23 days younger than Rep. Bill Fribley, Republican floor leader. Boyd is in his 3rd term. He attended Southwestern College and graduated from Kansas State University in 1951. He trained as a naval combat air crew gunner during World War II. Boyd said his decision to run for the Legislature came about in this manner: "The Republican county chairman came out (to Boyd's farm) and suggested I run," he said. "It didn't appeal to me too much, but my wife said I might not get another chance. I won by 20 voles." The victory was over a Democrat who had won five previous terms. Boyd said he believes most people call him conservative, bul added: "If by conservative you mean a person who is interested only in maintaining the status quo, then I don't agree with that label. "But, I think the element of competition is important in just about everything. There has to be some freedom to compete or there won't be any development in any fields." Boyd operates 1,400 acres ol grass and wheat land and has 50 head of Black Angus cattle. He said he is presently in the proces of buying the first land of his own. The final outcome of the case s not known. A note, however, s written on the document sayng: "Not a true bill." The first criminal jury trial ndicated appeared in Anderson County and involved three men charged with first degree murder. The case was filed in Anderson County and ended in a lung jury. Later, a change of venue was granted and the case was tried by a jury in Franklin County. As late as October, 1863, there were applications for a continuance, filed by the defendants, claiming witnesses were not available. The final outcome of the case is not known. Civil records of the early court are in better order than the criminal case records. Case No. 1 in the civil records involved an action for a recovery of a promissory note for $58. The note was backed by a mortgage on a quarter section of land and was signed at Lawrence in March, 1858. An action of greater historical value involved an injunction action in which a judge prohibited county officials from moving offices from Minneola to Peoria City. Peoria City had been declared the county state by the county commission. The injunction was dated May 19, 1860 Minneola, located in the Centropolis area, was the county seat The judge later dissolved the injunction and upheld the county commissioners, and the seat of government was moved to Peoria City. The first case to reach the Su preme Court from the Franklin County District Court involved a plaintiff named Christopher Eis ler and an "Indian" defendan named John T. Jones. The action was taken over a promissory note signed by Jones at Ottawa Creek on April 20, 1860. The not read: "For value received (in cut ting stone) by Gouliep Anders, promise to pay, when I receive it from the government, for loss es sustained in August, 1856, or as soon as otherwise convenient the sum of two hundred ant thirty-seven dollars and thirty-sev en cents." When the matter came before the court, Jones held the not had no definite due date and tha the 3-year statue of limitation had passed, barring the case from the court. He also contend ed that he was protected by an act of Congress that prhoibita contracts beween an Indian am a white man. He cited the fact that the plaintiff was white and that he was an Indian who had been adopted by and lived with the Ottawa tribe. He also pointed out that he lived on the Ottawa Indian Reserve and that the note was signed on the reserve. The court's final disposition of the case stated that it had no jurisdiction over Jones, because he was an Indian and that his right to be sued was unquestionable. Concerning that right, the court said: "It may not be such a right as he would care to exercise very frequently, it being a rather expensive luxury, but it is one in the full enjoyment of which the law will afford him ample protection whenever he shall, under proper circumstances, insist upon it." Another interesting historical document in court records is dated Oct. 2, 1893, and reads: "Pleas at the October Term, 1893, begun and were held in the Court House in the City of Ottawa in said county (Franklin County), on the second day of October, A.D. 1893. "Present: Hon. A. W. Benson, judge; J. F. Fitzgerald, stenographer; F. A. Waddle county attorney; J. A. Elwell, sheriff; J. E. Elwell, deputy sheriff; I. M. Reed, bailiff; E. S. Robinson, lerk; W. W. Webb, deputy clerk "Court was opened by the sheriff. "This is the first session of the Court in the new Court House on Court House Square, the building of which was begun in the spring of 1892, and which is today opened for public business." Since that date all sessions of District Court have been held in the present courthouse. Prior to moving to the present location the court was located in the Peoples' National Bank Building, 2nd-Main. HMMMBi^&^r"!'""""^'' " ,#t•••'-:'•'-',' -,'',*•' " '; &?'? < '^'-' ; '"'>'~ ' '? '-"''' - ;*:X ^>^J2./*,^.'.,.~^^. ,„ :~^,_^ PORTABLE PLANT — Portable lime crushing plant which has limestone rock, crushing it for agricultural lime. 400 wheels on ground for movement to various locales works on Buying Dust In 'Dust BowF By HAROLD 0. TAYLOR Pittsburg Headlight & Sun PITTSBURG, Kan. (AP)Thirty years ago they would have said it couldn't be done. Kansas farmers watching their airborne fields drift by in dust storms of the dirty thirties would never appear to be potential customers for dust. But they're buying it. Admittedly, the dust is of a different color and texture. Technically, it is pulverized rock, identi- fied as agricultural lime. John J. Stark of Girard, who founded in the business in 1944, and his partner, George E. Nettels Jr. of Pittsburg, are doing a big business in rocks. In a situation belived more severe in southeastern Kansas than any other Kansas area, virtually every productive field needs lime. Consequently, dump trucks driving speedily over fields and spewing white clouds are not the least uncommon in this section. To get this lime there are operations related to the manner of taking coal in this area of open cut mining. Where tracts holding volumes of limestone are located, the Stark-Nettels concern set up a huge but mobile plant. Thick rock walls are torn down with a charge of explosives. The electrically-fired shots are set off in an actual split-fraction of a second timing and in a V-shaped pattern which piles the ripped rock instead of scattering it. Then a power shovel and a bulldozer move in. Trucks are loaded, taking the rocks to a crusher to be converted into two products. Augmenting the powdered lime, the firm turns out crushed rock for roadbeds. The Stark-Nettels firm operates at different locations, moving the entire battery of equipment Form Youth Club At Wellsville WELLSVILLE — The young people of Wellsville have organized a Youth Fellowship Club which will meet weekly on Tuesdays at 7 p.m. in the multipurpose room of the Wellsville Schools. The purpose of the YFC is for fun, fellowship and entertainment. The director is Harry Johnson, Shawnee Mission. The following young people were elected as temporary officers: Wellsville Club: John Ferguson, president; Idonna Haney, vice president of activity; Danny Carrow, vice president of management; Gary Whiteaker, vice president of publicity. All junior and senior high school students are invited to attend. The first meeting will be on Monday evening, Feb. 11 due to a basketball game being scheduled for the following evening. Former Dean Dies MANHATTAN, Kan. (AP) —. Helen Moore, 68, for many years dean of women at Kansas State University and at onetime dean of women at Hutchinson Junior College, died today of a heart attack. Mrs. Moore suffered a heart attack early in the fall semester and was in the hospital for some time. She had just returned to part-time teaching at the start of the second semester. Born in Hutchinson, she taught in Burlington High School and from 1918 to 1928 taught mathematics at Hutchinson High School. She was dean of women at Hutchinson Junior College from 1928 to 1940 and was dean of women at K-State from 1940 to 1957 when she returned to full-time teaching. She had served as president of the Kansas Council of Women and of the Kansas division of the American Association of University Women. Attend Sunday School Course WELLSVILLE - Leroy Price, Sunday School superintendent, and Virginia Chesbro, chairman of the board of Christian education at Wellsville Baptist Church, announced that 29 teachers and staff members of the church are attending the course which will cover a 3-week period. Attending are Josephine Hosteller, Mrs. Hazel Todd, Mrs. Mary Baily, Velma Christie, Mrs. Dollie Hill, Mrs. Emery Mignot, Mrs. Keith Patton, Mrs. Lenora Millbern, Mrs. Harold Good, Mrs. Elmer DeWeese, Mrs. Damon Higbie, Jr., Mrs. T. J. Biyins, Mrs Homer Ganong, Mrs. Leroy Price, Mrs. George Kent, Mrs. Gene Lesh, Mrs. William McLaughlin, Mrs. Eldon Whiteaker, Mrs. Clifford Good, Robert Cramer, Keith Chanay, Jackson Dunham, Mrs. Linnie Tyler, Rev. Ganong, Mrs. Virginia Chesbro, Leroy Price, Mrs. Robert Groshong, Mrs. Robert Courter, Mrs. Helen Cramer, instructor. Rocking His Way Through Sentence LANSING, Kan. (AP) - The tall, rather scholarly looking man bounced out of a rocking chair and bounded down the steps from a sort of gallery that overlooks the Kansas penitentiary carpentry shop. "I get more rocking chair time than Jack Kennedy," he said. "I just sharpen the saws when they need it. The rest of the time, I just sit there and rock." It was Harvey Bailey, as fearsome as any of his bank-robbing, kidnaping, machine-gunning mates who terrorized the midwest 30 years ago. Couldn't feel better," he said. He's 76 and weighs 180, the same as '30 years ago. He has a jaunty, youthful stride. On Memorial Day in 1933, Bailey broke up a prison-yard baseball game and led 10 other cons, including the notorious Wilbur Underbill, over the wall at Lansing. A few weeks later, Bailey joined forces with George (Machine Gun) Kelly in the kidnap- ing of Charles F. Urschel, Okla- His "Shampoo" Not For Her DETROIT (AP) — Irene Janowski, a beautician, was most unhappy with the shampoo her husband gave her when she got home from work. The homemade shampoo consisted of sugar, salt, ketchup, mustard, salad dressing, meat sauce and a can of macaroni—all well mixed, she told Judge Arthur Koscinski. "I thought it might help her in her work," Alexander Janowski told the court. He pleaded guilty to an assault charge and will be sentenced March 7. homa City millionaire. They got $200,000 in ransom—and life imprisonment. Bailey was paroled recently from a federal penitentiary at Seagoville, Tex., and returned to Lansing to serve his interrupted sentence for a $30,000 bank robbery. Bailey likes to talk about "the college" at Seagoville. "I got some real classroom education down there," he said. "I took a public speaking course, among other things. Man. I got to be quite an orator." First Negro Undersheriff HUTCHINSON, Kan. (AP)Records of the National Sheriffs Association show that Roland Mennis, 35, of Hutchinson, is the first Negro ever appointed under- sheriff in the United States. That word was received Thursday in a letter from Charles Hahn Jr. of Washington, the association's executive secretary. Mennis, a Reno County deputy five years, became undersheriff when Sheriff Charles Heidebrecht took office last month. The sheriff said he didn't know he was setting a precedent in appointing Mennis. "He simply was best qualified for the job," Heidebrecht said. Public Sale Will sell at Public Auction at the farm located 5 miles south and 1 mile west of Rantoul or 4 miles northwest of Lane, Kansas on Thursday, Feb. 14, 1963 Starting at 1:00 P.M. CATTLE — 5 head of Shorthorn and Whiteface cows; 3 head of 2 year old steers. MACHINERY — 1954 model W. D. Allis Chalmers tractor and cultivator; Case 2-bottom 16" plow; John Deere 2-bottom 12" plow; Case side-delivery hay rake; Case corn picker; John Deere manure spreader on steel tumble bug; hammer mill; Colby wagon and bed; some horse-drawn machinery and junk. .GRAIN AND HAY — 200 bushels of ear corn; 200 bales alfalfa and prairie hay. HOUSEHOLD GOODS — Frigidaire electric cook stove; table and chairs; and other articles too numerous to mention. FLOYD CARTER ESTATE MRS. MILDRED M. HI6DON, Administrator Terms: Cash. Not responsible in case of accidents. Auctioneers: Myers Bros. Clerk: First National Bank, Ottawa. Only 4 Days Leit To ... Pile Up Savings When You Take Advantage of DOUGLAS BROS. Wall • to - Wall... Door - to - Door Ceiling To Floor "Get-The-Heck-Out" Removal SALE! (Y Everything must go!-Even our fixtures!

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