Classii£.T4^ GopyrightN?. COPYRIGHT DEFOSrr. ^ tt S. D. BUTCHER'S PIONFER HISTORY OF CUSTER COUNTY AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA BROKEN BOW, NEBRASKA COPYRIGHTED BY SOLOMON D. BUTCHER AND EPHR.VIM S. FINCH 1901 THE LIBRARV OF CONGRESS, Two CortES Received lUN. 28 1901 COPYfilOHT ENTRY CLASS O^ XXa N». COPY B. IPrliicafiinL To the i'ioueers of (Jiis^ler County, that noble band of men and women who blazed a pathway into the wilderness, who battled against the elements and subdued the forces of Nature in order that the blessings of civilization and enlightenment might be established in this portion of the Great American Desert, this work is respectfully dedicated. THE PUBLISHER. ENGRAVINGS BY THK WII.LIAMSON-HAFFNER ENGRAVING CO. DENVER, COLORADO PRINTING AND BINDING BY THE MERCHANTS Pl'BLlSHING CO. STATIONERS DENVER, COLORADO IVit\2K. Pase. Dedication 2 Preface 3 An Ode to Custer County 5 Organization of Custer County 7 Cattle Industry in Ranch Days IT Old Settler's Story 31 The Mitchell and Ketchum Tragedy 43 Blazing a Pathway and Personal Pioneer Experiences 63 Jess Gandy's Reminiscences of Early Days in Custer County, Neb 81 Hunting Buffalo on the Great Plains 85 Held Up by Jack Nolan 93 Judge William Gaslin 108 Settlement of New Helena 113 jixploits of Dick Milton 119 The Coyote 133 f earch for the Silver Medal 135 An Old Settler's Story 143 The Killing of Two Cowboys at Anselmo 154 The Province Tragedy IGO A Cowboy's Story 167 Playing Dick Milton 172 Brighton Ranch 176 Freezing of Trapper in Powell Canon 182 Tearing Down of Settler's Houses by Cowboys 185 Tailing Up a Texas Cow 186 Clear Creek 188 History of Broken Bow 189 Shooting of John Sanderson 208 We Now Cross the Custer County Line 208 Westerville 214 Hunting Wild Horses 218 Lynching of Kid Wade in 1884 221 Douglass Grove Township 232 Incidents of Douglass Grove 238 Lee's Park 242 West Union Precinct 246 The Haunstine Tragedy 253 Mike O'Rafferty as a Cowboy 263 Callaway 271 jl INDEX. Page. Ansley ^ 'f^ Sargent "^^^ Early Experiences in Sargent Precinct 298 Pioneer Settlement of Sargent 301 Anselmo '^^ Killing of Arnold and Capture of Bohannan 311 Terrible Fall in a Deep Well 314 Redfern Table 317 Early Settlers West of Broken Bow 323 Calloway Protestant Episcopal Church 325 Mason City 327 Arnold 335 Settlement of Cliflf Table 336 Dead Man's Canon 337 Oconto 338 Comstock 3.39 Settlement of Dale Valley 342 St. Andrew's Catholic Church, Dale 344 Rev. Thomas P. Haley 347 How Custer Center Church Was Built 349 Christian Church, Broken Bow 350 Church of God 352 Sunday Schools in Custer County 354 Lone Star Sunday School ". 357 Some Early Sunday Schools 358 United Brethren in Christ 359 Newspapers of Custer County 360 Lillian Township 365 Lillian Precinct 368 Hogs on the Ranch 371 Arkansas Bob in the Well 373 Settlement of Georgetown 375 Winter of 1880 on the South Loup 380 Spencer Park 382 Methodist Church, Calloway 384 Custer County Agricultural Society 387 The Oxley Trial 389 Irrigation in Custer County 391 The Dairying Industry 392 Swine Raising 394 Raising Horses for Profit 396 Douglas Grove Irrigation Ditch 397 A Trip Through the Sand Hills 399 Advertisements — Union Pacific Railroad, Denver & Rio Grande Railroad. Union Stock Vards, Omaha. JBr^facc. To My Fik'iids and I'ations: As yoii tuiu the ])a^es of this book and see the familiar landmarks of former years, you will beuin to ap]>reeiate the endeavors of the man who. for lifteen years, has labored against many difficulties, and is at last able to place in your hands a trnthfnl history of i)ioneer life in (>uster county. It will be doubly interestinji' to many of you. because you have helped supply the material from which it is nuule. while new arrivals will read with inter- est these anecdotes and reminiscences and short, thrilling stories of the fMunch^rs of this county, their numy trials ad hardships endured while braving the elements in the howling blizzards of winter, the scorching suns of the drought i)eriod and devastation by grassho])pers. All tend to make it a most renmrkable book, and every one will have the satisfaction of knowing he is reading truth and not following the wild imagination of the novelist. We make no apology in ])lacing this book before the public. We have tried honestly to get facts from every source jtossible. If we have failed to do so in some cases, it has been the fault of our informants and not inten- tional on our part. AN'e submit it just as it is. and it must stand or fall on its merits as a historical jn-oduction. We ha\e in some cases used fictitious names, w^here we thought i)roper to do so. as it would not detract materially from the interest of the history. The old pioneers will have no difficulty iu following the career of noted characters as well under one name as another. While we must, as a true historian, chronicle Custer county's history, we do not care to give a man who nuiy be trying to live honestly and atone for past misdeeds undue notoriety by disclosing his true name. We thank those gentlemen who have kindly furnished us articles over their own signatures, besides the many pioneers who have furnished us man- uscript to be boiled down and which is made the foundation on which our history rests. And last, but not least, we wish to thank the man who has come to our aid financially, when the clouds seemed to be blackest and most gloomy, and our book had again almost come to a standstill for want of means to push it to success. How glad it made our heart wlien Uncle Swain Finch said: "Butch, vou have worked faithfully and deserve success, and if the people of Custer county want a history, by George, they shall have it." May the name of E. S. Finch be handed down to generations yet unborn as a great philanthropist — one of God's noblemen — who just "growed" like Topsy. If, in looking over the pages of this book, you find a fuller description of son:e other portion of the county than of your own, pause before criticising the historian and ask if it is not your own fault that you are not more fully represented. If you have done any great deeds in Custer county which are worthy to go down in history, was it not your duty to have them recorded? In conclusion, I wish also to express my obligations to George B. Mair, editor of the Callaway Courier, for valuable assistance rendered through his paper, and as editor and compiler of the manuscript, rough notes and sketches collected by me for this work. Yours respectfully, S. D. BUTCHER. :2. Jftn BtiB fu Olusfin- Oliiunfy, MRS. C. H. CARLOS. We praise, thee, fair Custer county, Whose fame is often snug, ^^'hose story of dearth and bounty Is toUl in every tontine; Whose liills like infant mountains rise 'Twixt canons dark and deep, Wliere, .glinting "neath the blnest skies, Wikl rushing torrents sweep; ^^llere tiny streams in silence wend Their way thro' valleys green, Where sun and shade their powers lend To beautify the scene. Land where fierce roaring blizzards hide And cj^clones find a home, Where soft winds stray o'er prairies wide. And zephyrs gently roam; Where nature dwells in calm or storm. In shade, or sunshine fair. In genial climate mild and warm. In pure, health-giving air; Where hills, and streams, and valleys ring With the same unending story. And every breeze comes whispering Of Custer county's glory. They tell of wealth that lightly sleeps Within thy fertile soil. Which into life and being leaps. Touched by the hand of toil ; They tell of a wide open door. In a fair, fruitful land. Where, beck'ning to the lowly poor. Health, peace and comfort stand. They send a message to mankind. An offering of bounty. Bidding him come and welcome find In glorious Custer county. Be thy worth told in thunder's voice. Or zephyr's softest strain. Still will the heart of man rejoice And join the sweet refrain. Then let us now our voices raise And help to swell the sound; We'll sing thy merits and thy praise 'Till all the hills resound. We praise thee for each changing scene. And for thy endless bounty: We crown thee now Xoi-thwesteiii (^)ueen O. fairest Custer countv. ^:!W<^^; to have a bi^ cattle county orjjanized, so that they could get some benefit out of any taxes they might pay, and be better able to protect themselves against cattle thieves and other lawless men who infested the country. Several at- tempts had been made to organize a county out of this tenritory, an account of which will be found in other articles in this book, but it was not until the year 1877 that the present county was formed. In the Legislature of 1877 the Hon. J. H. MacColl of Plum Creek introduced the following bill, which was passed and received the signature of Governor Garber: An Act to Define the Boundaries of Custer County. Be it Enacted by the Legislature of the State of Nebraska: Section 1. That all that portion of the state of Nebraska commencing at the southeast corner of township thirteen (18), north of range seventeen (17), west of the sixth principal meridian, thence north to the northeast corner of township twenty (20), north of range seventeen (17), west, thence west to the iiortliwest corner of township twenty (20), north of range twenty-five west, tlience south to the southwest corner of township thirteen (13), north of range twenty-live (25) west, thence east to place of b(^ginning, shall constitute the county of Cnster. Approved February 17, 1877. The writer does not know who is entitled to the distinction of naming the new county, but it was named "Custer" in honor of the gallant Indian tighter who perished with all his command at the memorable battle on the Mttle Big Horn the summer previous. In May a petition was sent to Governor Garber, signed by most of the cattlemen of the county, asking for the ai)])()intment of temporary officers to complete the organization of the county, as follows: To the Honorable Silas Garber, Governor of the State of Nebraska: We, the undersigned, inhabitants of Custer county, Nebraska, and tax- payers therein, petition you to appoint and commission James Gasmann, Anton Abel and H, C. Stuckey as special county commissioners, and Frank H. Young as special county clerk of said county for the purpose of forming a permanent organization for said county, and that you will appoint and declare the southeast quarter of section 23, in township 1~) north, range 22 west, as the temporary county seat of said county, and for this we will ever pray. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 1 1 (Sifjnedi Frank H. Youiig^, ^I. F. Youii"', James (1. (lasinann. W. T. H. Tucker. H. C. Stuckev, Deninaii Fritt. Pliil Dnfrand, Anton Abel, E. J. Rob- lits, James Paxton. A. H. Wise, T. M. Jameson, Kefi;inald McKee. Enimett V. Filer, Nate Fuller, J. J. Dou<;lass. V. W. O'Brien. A. B. Bradney, W. W Wattles, I. O. Child, W. H. Kilf,nire. Joshua Wood, S. C. Stuckey, Louis Wambsgan. STATE OF NEBRASKA.] County of Dawson. ^ss. Personally appeared before me, a notary public in and for Dawson county. Nebraska. James P. Paxton, Frank H. Youn.n' and James Oasmann, who. being duly sworn, depose and say that they are resident freeholders in the county of Custer and state of Nebraska, that such county eontains a population of not less than 200 inhabitants, and that ten or more of sueh inhabitants are taxpayers, and further they say not. JAMES P. PAXTON, FRANK H. YOUNG, JAMES GASMANN. Subscribed and sworn to before me this 10th day of May, 1877. (Seal) H. O. SMPrH. Notary Public. The following letters and recommendations from prominent citizens of Da\yson county wei-e forwarded with the petition to the goyernor. and may be interesting as a part of this history: Office of the Clerk of County and District Courts. Dawson county. Plum Creek. Neb.. June 14. 1S77. His Excellency, Silas Crarber, Lincoln, Neb.: Dear Sir — Several of the citizens of Custer county haye been speaking to me about the organization of that county and desire me to write to you about the matter. There is quite a large amount of personal property owned by the citizens of that territory, and under the present status it is under the control of no one. One-half of the county is in this judicial district, and the other in the Sixth. :Mr. Young, a resident of that county, will call upon you for the purpose of seeing about the matter, and will explain the situation to you. I feel like accommodating them if it can be done. Please let me know the situation. Yours, etc., C. J. DILWORTH. Plum Creek, Neb.. June L'o, 1877. Governor Garber, Lincoln, Neb.: Sir— I am acquainted with a great many of the residents of Custer county and they all are very anxious to be in running order, and it would be a great 12 PIONEER HISTOKY OF CUSTER COUNTY help in stopping' the cattle and liorse stealing. I am personally acqnainted for a long time with F. H. Yonng, and can recommend him in every respect. R. F. JAMES. Sheriff Dawson County, Nebraska. We have read the statement of Mr. James and believe it true in every particular. H. T. HEDGES. P. M. E. S. STT^CKEY. Countv Treasurer. H. O. SMITH, Deputv Sheriff. T. L. WARRINGTON, Attornev at Law. W. H. LENGEL, Countv Clerk. R. B. PIERCE. County Judge. Plum Creek, Neb., June 23. 1S77. Hon. Silas Garber. Lincoln, Nebraska: Dear Sir — Enclosed find letters from the county officers in regard to Custer county. Mr. MacColl is absent and will not be back for about two weeks; the other officers all signed the papers. I would like to get the commis- sion by return mail, if jjossible, as I am in a hurry to get out to Custer county to look after my calves, as it is time to brand them. Hoping you will give this your earlj^ attention. I remain, yours respectfully, FRANK H. YOUNG. The governor, on the 2Tth day of June, issued the following proclamation, wliicli launched Custer county on its glorious career: PROCLAMATION. Whereas, A large number of the citizens of the unorganized county of Custer have united in a petition asking that the said county be organized, and that James Gasmann, Anton Abel and H. C. Stuckey be appointed special county commissioners, and Frank H. Young be appointed special county clerk of said county, for the purpose of forming a permanent organization, and that Lhe southeast quarter of section twenty-three, in township fifteen north, range twenty-two west, be designated as the temporary county seat of said county of Ouster, and it appearing that the said county contains a population of not less than two hundred inhabitants, and ten or more of said petitioners are tax- payers and residents of said county: Now, therefore, I, Silas Garber, governor of the state of Nebraska, in accordance with the memorial of said petitioners, and under and by the au- thority in me vested and in pursuance of the statute in such cases made and provided, do declare said county to be temporarily organized for the pur- pose of permanent organization, and do appoint and commission the persons above named as the special county commissioners, and the said person above AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 13 Fiiat Castor Touuty Court House. named as special county clerk of said county, and do declare the place above named and described as tbe temporary county seat of said county. In testimony whereof I have hereunto set my hand, and caused to be affixed the g'reat seal of the state of Nebraska. Done at Lincoln, the cajjital, this twenty-seventh day of June, in the year of our Lord one thousand eight hundred and seventy-seven, and of the inde- .pendence of the United States the one hundred and first, and of this state the eleventh. SILAS GARBER. By the Governor: BRUNO TSGHUCK, Secretary of State. During the summer various meetings were held on the South Loup, and in November the following first officers of Custer county were elected: County commissioners, James Gassman, Anton Abel, William Kilgore; county judge, Wilson Hewitt; county treasurer, S. C. Stuckey; county clerk. Reginald Tucker; sheriff, Joshua Woods; coroner, Al Wise; surveyor, J. M. Benedict; count}^ superintendent, E. D. Eubank. Through some irregularity in the returns the election of the county clerk was not considered legal, and Frank H. Young, the temporary clerk, held over. At that time there were three voting places in the county, all of them being on the South Loup river. For 14 PIONEER HISTORY OF CUSTER COUNTY several years the cattlemen had evervthiny,- their own war, but witli the influx of homesteaders the cattlemen were soon outnumbered, and by 1880 were rep- resented by a minority on the board of commissioners. One of the interesting- characters of this region at that time was Louis Wambsgan. one of the vevy earliest settlers, who located near where Oconto uow^ stands. His house was the only stopping place for a number of years between Plum creek and the South Loup, and there was hardly a night the 3'ear around but that two or three cowboys could not be found at "Louie's," as he was familiarly called. He could always furnish sport for the boys in some waj', and his annual turkey shoots during the holidays became famous throughout this region. 1 have heard many a good story told under Louie's hospitable roof. Frederick Schreyer, first Homesteader in Triumph Tp. Settled 1875. Frederick Schreyer was another interesting character. He was the first homesteader on the South Loup between Callaway and Arnold. He was a very resolute German, about fifty years of age, and as eccentric as he was res- olute. He constructed a dugout in which he imagined he would be secure from the depredations of the festive cowboy. As we have said before, there was a natural antipathy between the cowboys and the settlers and the breach became wider and wider as time passed by and the settlers became moie nu- merous. Armed encounters were frequent and bloodshed was often the result. Schreyer often had encounters with the cowboys and at one time was wounded in two places. He thought he was going- to die, and had Charles Kockwood draw up his will. He had a ford near his house which he called AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 15 his ford, and nobody was allowed to cross the river at that place if he could prevent it. without his consent. He also surrounded his house with a high sod wall which he called liis fortihcations. On the niornino; of April 1. 1878, J. D. Haskell and the writer ])nt some tools in a wagon and went up the river to repair a corral. In going we crossed the river at Sclireyer's ford. We saw nothing of him at that time, but during the day he sent us word that if we attempted to cross there in coming bade he would shoot us. When we arrived at the ford on the way back, and wliile watering our horses, we saw Schreyer and his son running toward the house witli guns. As soon as we got within range they raised up from behind their fortifications and began firing at us. We were unarmed, and thinking discretion the better part of valor, put the whip to our team and got out of the w^ay. In our flight we had to pass pretty close to the house, and one of the shots tore the step from the side of the wagon. From that time on there was trouble. Young Schreyer was arrested on the Platte, but escaped and went to Lincoln, w'here he remained a nu)nth. He came back to Kearney, was again arrested and brought up into Custer county. He and his father were taken, handcuffed, to Custer for preliminary examination, and were bound over to appear before the District Court. Not giving bonds, they were lodged in the Plum Creek Jail. In July they were tried and sentenced to serve a term in jail by Judge Gaslin. They served out their time and got home the next winter. The war between the homesteaders and the cattlemen continued for some years, but at last the large herds were compelled to remove farther west where free range was more plentiful and homesteaders scarce. After being in pos- session of this country for twelve years, they, like the Indian, were compelled to give it up to more advanced civilization. Stockmen who had traveled over the plains between here and Texas said this was the best country for ranging stock to be found anywhere in the United States. No wonder, then, that they made such a hard struggle to retain it. \Miere once roamed tliousands of buffalo and afterwards thousands of cattle we noAv see the locomotive steaming along the valleys. The country is now dotted over with beautiful farms and the ground that was once used for bedding down cattle in immense herds is now occupied by the village of Callaway. Relics of unusual interest have at ditferent times been found in this country. In the sunmier of 1880, while riding on the Middle Loup, with others, we came to a bed of charred wood near where the Milburn bridge now crosses that stream. A number of beads were scattered about, and upon closer examination we found among the coals the under jaw of a man, and also a silver medal two and a half inches in diameter with a hole in it. On one side was the bust of a man, with the name, "Pierre Choteau,"" under it. CO g o'-a CO 03 AND SHORT SKECTHES OF EARLY DAYS IN NEBRASKA. 17 while on the other side were the words: "Upper Missouri Outfit." Our sup- position was that some Indian ti-ader had been in that country trading beads and other trinkets to the Indians for furs, and that they had gotten into a quarrel and that the savages had killed and burned the trader. (HafflB 3iitmitfry in KancI; ^ay^. H. M. SULLIVAN. In the early settlement of Custer county, there was but one occupation of sufficient importance to raise it to the dignity that would justify it being designated a business. This was the cattle industry. While the area of Custer county, then, as now, was 2,592 square miles, or larger than the state of Delaware, and more than twice the area of Rhode Island, still, this vast area was claimed by a few ranchmen who in a way occupied the greater part of it. The great advantages of this county as a grazing country first began to attract attention in 18G9. Texas was then the greatest breeding ground for cattle and horses in the United States, and probably in the world, but it was without means of trans- portation and the stockman was compelled to trail his cattle many hundred miles from there to the railroad. The principal shipping point in Nebraska for the l*anhandle territory was Ogalalla. The cattle were brought to this point by the thousands. There were probably at times as many as 100,000 cattle held on the ranges in the country surrounding Ogalalla, awaiting shipment and sale. Many cattle brought to the railroad from Texas w'ere wintered in the adjacent territory because they could not be shipped or disposed of to advantage. While holding cattle for these purposes the great advantages of Custer county as a stock country were discovered and soon became generally known. Not all the ranchmen locating in Custer county, however, came from the South and West. Some came from Iowa and farther east. But shortly after the discovery of its advantages as a grazing ground, Custer county, with its numerous, constant streams of pure water, its valleys of hay land and its hills of splendid grazing land, became the mecca of the cattleman. Prior to 1872 it was practically unoccupied. 18 PIONEER HISTORY OF CUSTER COUNTY 111 the wiutt'i- (if 1N(>;» and 1870 one Captain Streeter for the first time wintered cattle in the territory now comprising Custer county. He turned out in the fall on Ash creek, a short distance south of Broken Bow. 821 cattle, of which 385 were yearlings. They were all Texas cattle; the following spring he rounded up 819, a loss of only two head. In 1872. what was known as the Tucker ranch. E. J. Boblitz, owner, where Tuckeryille now is, Stuckey's ranch, Childs B. Herrington's and Anton ■Abel's ranches were located in the eastern half of the South Loup valley. Shortly after this, below them on the South Loup riyer, were Im-ated tht- ranches of Williams & Kilgore and John Myers. In 1872 John Harrington, a cattleman from Texas, located a ranch eight miles northwest of the point where Callaway is now located, and he turned out 2,000 head of cattle. In 1875 Finch Bros, located on the South Loup at the point where he now resides. In 1876 Edward Holway and J. D. Haskell occupied the same ranch formerly located by Harrington, and this ranch was afterwards sold to the Parker Live Stock Company of Illinois. The range claimed by those owning this ranch was the South Loup yalley from Triumph west to Cedar canon and the territory north adjoining. The Parker Liye Stock Company first came to the county in 1870 and located its headquarters at a point about two miles west of Callaway, and claimed as its range what is now known as Sand yalley and the territory lying south and west thereof. This company began with 1,500 head of cattle. J. J. Douglas, afterwards clerk of the District Conrt of this county, was the man- ager. In 1876 Durfee & Gasman located a ranch a short distance north of Calla- way on the north side of the Loup at what is known as the Big Spring, on the farm now owned by N. M. Morgan, and they began business with 3,000 •! leers. W. H. Paxton of Omaha, in 1876, located a ranch a short distance south- ea^-t of Callaway, on the Cottonwood, with 2,000 cattle. In 1878 Durfee & Gasman bought out the Paxton ranch and consolidated it wilh their ranch on the opposite side of the river. The range they claimed after the consolidation was the large yalley about Callaway, the Wood River valley and the valley of the Cottonwood. In 1876 Arnold & Ritchie located a ranch on the Loup, a short distance east of Arnold, with 1,000 cattle. In 1877 Henrv Bros, located another ranch west of Arnold with 3,000 AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 19 cattle. Thoy chiiiucd the wcsl ciul ot wlmi is ll()^v known as the Hi^ Table, Mills' valley, and to the head of llie Lonp, ns their i'anji;e. In the fall of ISTT or 1S78, the famous Olives located their ranch six miles east of Callaway and turned out thereon n.OOO head of cattle and claimed as their ranj^e the Loup valley east from llieir ranch, Spring creek iind Turner valley. They also, about the same time, located another ranch near the mouth of the Dismal river, in Blaine county, and claimed to have in all somethini»- like ITj.OOO head of cattle. It is probable they did not own the number of cattle claimed. In 1875 X. H. Dryden, now of Kearney, entered land on Victoria creek, settled there and brought with him about 100 head of cattle. In 1876 Thomas Loughran and I. Childs each entered land on the river near the Dryden ranch, and also began raising cattle. The same year Frank p]wing located a ranch on the Middle Loup valley near where Milburn no>v is, with 600 head of cattle. In 1878 Smith & Tee located on the north side of the Middle Loup river not far from the ranch of Ewing. They turned out about 800 head of cattle. In 1879 Finch-Uatten T3ros. located a ranch on the Loup just below the mouth of the Dismal, with 700 head of cattle. Shortly afterwards Miles & Gamlin followed with 1,600 head of cattle, locating not far from the ranch of Finch-tlatten Bros. The cattlemen met with no reverses until the winter of 1880-81. At this late date it is impossible to know, accurately, the number of cattle in Custer county in the summer of 1880, but there were probabh' very nearly 60,000 head of cattle, of the value of not less than |1 ,500,000. The greater part of these cattle had been reared or brought into the county after the year 1875. Probably in the settlement of the United States no agricultural or graz- ing territory of a similar area witnessed such a rapid accumulation of wealth. Up to the winter of 1880-81 the profits from the business had exceeded the most sanguine expectation of the ranchman. The winters were mild and pleasant, with plenty of moisture during the springs and summers. The bulTalo grass upon the hills each year made a splendid growth. During the spring and summer the cattle did not graze upon, this grass, for there was plenty of blue-stem, grama and rye grass in the valleys and lagoons. But with the advent of freezing weather the cattle at once went to the hills to feed upon the buffalo grass. No more valuable winter forage exists than buffalo grass properly cured. Cattle fed upon the best of wild hay will not be in better condition in the spring than those which '*,im<^ \ .'^ ' !■ -J AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 21 havt' wintered ii])()ii huffnlo to stand by and never desert a friend in a "tight place." In the geneial round-up in the spring, all cattlemen having cattle upon the territory to be covered took part. Sometimes as many as 100 men worked together. A captain was selected and he directed the men. Cook wagons were provided and these were kept convenient to the men at woi-k on the ranae. Brig-hton Ranch. Each day cattle found were driven to a point selected by the cai)tain, where the calves were branded and the cattle of the different owners were "cut out" from the others and driven back to the range of the owner, and so work went on from week to week until all the territory where it was probable cattle of those engaged in the round-up could be found was covered. After this round-up was completed each ranchman again covered his own range, branded the calves found there, and again later in the summer when the steers had become fat, the range was again gone over and those in condi- tion for the market cut out and driven to the railroad and shipped. Probably no better idea of the dangers and hardships upon the range can be conveyed than by the reproduction here of a letter recently received by the writer from J. D. Haskell of Arnold, who, while now owning valuable ranches in Custer and adjoining counties, well stocked with cattle, in the early days 24 PIONEER HISTORY OF CUSTER COUNTY J. D. Haskell's Ranch, near Arnold, Xeb. began business for himself as a cowboy working by the montli. Modesty has evidently deterred Mr. Haskell from disclosing what part he took in the incidents related in this letter. It is clearly inferable, how- ever, from the letter, that the 'ione cowboy riding beside the stampeding herd," was he. He says: "In those days the big cattle owners thought that if they furnished a tent for their men to sleep in they would be slow to leave it on stormy nights and get out and help hold the cattle. On the round-up and on the trail the cattle had to be night-herded every night. The cattle that had been gathered were never left for a moment until they were back on the range of the owner. Night shifts were necessary. The first shift rode around the cattle until II o'clock, the second from 11 until 2 o'clock, and the third from 2 o'clock until after breakfast. These reliefs would have from one to four men, according to the size of the herd. "In the spring, through the month of May, a great deal of rain fell. AND SHORT SKETCHES OF EARLY D AYS IN NEBRASKA. 25 "FiMMinciitly it was doudv and drizzly I'or lliicc or loiii' days at a tinu\ The cowboys were compelled to make their beds on the wet {ground, and very often a heavy rain would come on in the ni^ht and they would find them- selves lyinc: in a sheet of water. In such cases there was nothin^^ to do but uet up and lean ajiainst the wa^on or saddle horse until morning. "With daylight work would begin and no opportunity offered through the day to dry clothing and bedding. When night came on again there was nothing to do but turn into wet blankets. "Xo stove was furnished with the cook wagon. Bread was baked in a "dutch oven" and other food in skillets. "Frequently there was no time to eat breakfast. It always seemed strange to me that the men. compelled as they were to constantly endure this exposure, escaped contracting fatal diseases. "In 1877 three men and a cook were holding a band of 1,000 Texas steers on the Muddy where Broken Bow now stands. They had to night-herd the cattle every night. They saw only one man pass during the three months they were tliere. They received no mail and had nothing to read. As they were all young men who had been reared in the far east, they experienced a lonely time shut in from the outside world. "The last of September the owner sent a man to direct them to move the cattle to the ranch near where Callaway now is, that they might be taken from there to Plum Creek and shipped to Chicago. "The first night after the start for the ranch they camped about seven miles west of where they had held the cattle. The early part of the night was beautiful. All the boys but the night herder had turned in and for the first time in three months were enjoying sleep under a roof. "About 10 o'clock the man out with the cattle observed a Itlack. angry cloud moving up from the north. He rode to the tent, called to the other men to hurry up and help hold the cattle. "Thtn- got up slowly, grumbling. However, as soon as they looked out and saw what a terrible storm was coming they rushed for their horses, but before they could saddle and mount the storm had struck them. "In the meantime the watcher had hurried back to the cattle. He had almost reached the head of the herd when the storm broke. The darkness was intense. A terrible wind drove the rain in sheets. The entire herd jumped to their feet as one steer and started on a wild stampede before the storm. And oh, such a night! "The instant the cattle started the boy was also gone like a shot along the side of the herd. For more than a mile he ran beside the herd, over chop hills, across canons, trving to gel in tiie lead of the st<'ers. 26 PIONEER HISTORY OF CUSTER COUNTY "The roar of 4.(M)0 hoof beats, rainjiied with the ((uisiaul crasli of tliuii- tler, made it a race never to be forgotten. Tlie cattle couhl only be seen by the rider at the flash of the lightning, Avhich was so dazzling as to almost blind his eves. The Old Black Ranch on Deer Creek, Owned and Refitted by Geo. Adams, Union Stock Yards. Chicago. W'm. Montgomery, Foreman. This is the Finest Equipped Ranch in the Northwest. "^'Time and again the wiry pony was on his knees, but almost instantly i!|) and again going. "Gradually the pony gained upon the leaders and the rider held him in gainst them. They began to swerve from their straight course before the storm. Gradually he brought them to running in a circle, then as he closed in nearer the outside cattle the circle became smaller and smalled until they were at a standstill. "The storm ended as suddenly as it began. Shortly his companions were there and the cattle were driven back to the tent and held until morning, when, on a count of the herd, it was found twenty-five were missing. These AND SHORT SKP^TCHES OF EARLY DAYS IN NEBRASKA. 27 were found later not far Ik.hi wlicic tlic calllc wcie stopped the night before, lying- upon the hillside resting- from tluMi- terrible run. "The point where that stampede was stoy)ped was at what is now the Charles Jeffords farm at the foot of the liig Table." The winter of 1880-81 will never be forgotten by those engaged in the cattle business in Custer county. Men who in the beginning of that winter were wealthy, found themselves bankrupt in the spring. Early in the winter a rain began falling. The grass became thoroughly saturated; then it suddenly turned cold and every stalk, spear and blade of Trass at once became an icicle — all matted together in one sheet of solid ice. Immediately following this came a heavy snow, from ten to twelve inches deep, which was again followed by another rain, and this in turn by another «;udden cold wave, the result of which was to cover the surface of the snow with a thick, strong crust. The country was covered with this ice and snow until spring. The winter was very severe, the temperature ranging for days and weeks at from ten to twent}' below zero. The conditions were such that it was almost impossible for the cattle to get to the grass. The winds which ordinarily blew the snow off the hills and left the grass thereon free to the cattle could not affect this solid body of ice and snow. The legs of the cattle traveling about in a famished condition seeking food soon became l^ruised and bleeding from contact with the sharp crust on the snow. There was plenty of feed on the ground, but the cattle could not get at it. They died by the hundreds and thousands. It was estimated that from seventj'-flve to ninety per cent, of the cows and calves on the range perished that winter and sixty per cent, of the steers also perished. They lay in piles behind the hills where they had sought shelter. The following spring many who had engaged in the business in Custer county, and who until this winter had believed there was no grazing country equal to it. quit the business in disgust and left the county. Nothing like this winter had preceded it in the history of the country, and nothing like it has been experienced since. The winter of 1880-81 marked the terniination of extraordinary profits in the cattle industry of Custer county. Already farmers had begun to immi- grate to the county and select for their homes the level and more fertile por- tions. This immigration soon became a great stream and by 1882 all those parts of the county most suitable f(U' agriculture had been taken. Free range was at an end. The few ranchmen remaining after the winter of 1880-81 were in a constant struggle with the homesteader. The latter's crops were AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 29 destroyed h\ the furnu'i's cattle, and in (iini Ihe cattle were destroyed by the indignant homesteader. A very bittf^r feeling- existed between those engaged in the two occnpa- tions; neither was fair nor jnst with the other. The weaker was compelled to give way to the stronger. There were a hundred homesteaders to every ranchman. A few of the more courageous cattlcMuen made a struggle to hold their ranges. They fenced in large tracts of territory, construc^ted wells in these pastures and the cowb(\vs in their employ made homestead, pre-emption and timber-culture entries therein under the government land laws. Frame shacks or shanties were constructed, called by the cowboys in their applications and final proof, houses. These were in many instances upon runners or wheels and were moved from claim to claim. The same shanty ofttimes answered the purpose of a house in making final proof for three or four cowboys upon as many different claims. But all this was of no avail to the i-anchman. The homesteader made entries within his pasture. He csmtested and had cancelled the entries of tlio cowboys. He cut and destroyed the fences. Bloodshed and murder were in many instances the result. In the courts the ranchman had but little hope of success. In his controversy with the hiuiesteader he must try his case to a jury of homesteaders. By the close of 1884 there were fully 18,000 people in Custei- county, and pj-obably not to exceed 4,000 cattle. .\s the ranchman and the Texas steer in the '60's and early 'TO's had diiven out the Indian and the butfalo, so now in the '80's the ranchman and the steer were compelled to give way to the farmer and the horse. It is not infrecjuent, even at this time, to hear expressions of regret that the free range has been converted into farms. Those who express these regrets do so without reflection. ^.t this time over 20,000 prosperous people make their home in Custer county. The very great majority of these own the land whereon they live. They are fairly prosperous, and the whole population, in comparison with that of the East, where half the farmers, or more, are i-enters. may be said to be ver}' prosperous. Trains of cars upon the different railroads into or through the county have taken the place of the freight wagons of the original homesteader. Churches and school houses now occupy the sites where formerly were pitched the wigwam of the Indian and the tent of the cow-puncher. The cattle industry in Custer county is again becoming important, though (onducted upou a different plan from the original one. The farmer to-day produces grain in the valley and more fertik' portions of the county and ^ s o CS a) W a ^ M -M 0) M AND SHORT SKETi;HES OF EARLY DAYS IN NEBRASKA. 31 rJinjiCS, thr(,uhif:h he oavum. TIkic are no iiieat herds, but probably as many catth* in the county now as there were immediately prior to the winter of 1880-81, and of a very much superior quality. The cattle industry to-day is not so profitable as then, because more ex- pensive, but carried on in connection with farminjj:. it is still a profitable business. ©Iti ^rtfkr'it ^fDry. Let the reader turn back to September, 1837, to a farm house in Rich- land county, Ohio, and he will find everything in confusion and bustle. A covered wao-on is standing at the door, and the process of packing up house- hold goods and storing them in the wagon tells the whole story. These people are preparing to leave the old home to push westward towards the setting sun, to secure a home across the big river in the Black Hawk territory, now the state of Iowa. It is a touching scene to behold, as the children pack away in the wagon such little keepsakes as they can carry with them, and shedding childish tears over those that are too bulky for the limited room they have and which must be left behind. The older members of the familv are visiting familiar spots where many hours of childish pleasure have been .spent, and bidding good-bye to companions whom, in all probability, they will never meet again, while little Swain, a chubby fellow of eighteen months, laughs — yes, laughs, at this early age the hero of our story laughs and crows, and sticks his fat little fists into his mouth, wondering what all this fuss is about anyway, except occasionally when he gets the colic (and he was subject to these spells when a little shaver.) Then the process of packing had to be discontinued and every member of the family was called upon to do some thing to relieve the little fellow's suffering and to direct his attention from himself. Jacob, David and Thomas would beat on the bottom of the dish pan or boiler, with sticks, in an attempt to make more noise than the baby, and little Ruth and Elizabeth would clap their hands and dance, while father carried him, singing: "Bye, Oh Baby Bunting," and mother administered catnip tea and watched father to see that he carried the baby right side up until he became quiet once more. And the mild-eyed oxen stand patiently waiting for the last piece of furniture to be packed preparatory to starting upon their long journey of several hundred miles. This man's name is John 32 PIONEER HISTORY OF CUSTER COUNTY Finch and liis wife's name is Comfort. And she has indeed proven to be a comfort to John, and is destined to still further prove her title to the name in the j^ears of toil and hardship that are before them in their pioneer home. We pass over a period of several weeks and ask our reader to p:o with us to that then far off and almost unknown land, ^'be^-ond the Mississippi." to a point about thirty miles west of the present cit.y of Davenport, in ('eaar county, Iowa, on Sugar creek, in the heart of a howling wilderness. We here find our pioneer and his family. They have gone into camp and the male portion are busily engaged in cutting down trees and hewing the logs for a cabin. The country is very sparsely settled, and for weeks the Finchs do not see the face of a human being outside of the family, except occasionally that of some roving red man who drops in on them to beg whatever he can. and steal what he cannot procure by begging, if opportunity offers. Every- thing goes on merrily and while this is a great change from the eastern home, yet the mother bravely Ix^ars her share of the burden of building the new home in the wilderness. She may sigh in secret when she thinks of the many little conveniences left behind with civilization, but she is always ready with a quiet smile of welcome when the husband comes in from a hard day's work, and attends to the many little wants of her children with a cheerful earnestness that leaves her little time for repining. The cabin is soon finished and John has secured a job of carpenter w'ork a few miles away from a man who has a big scheme for building a county seat and is having a store put up. As John hammers, away he is thinking of the home comforts that the money for his work will bring, and that soon they can have some meat and potatoes to store away for the winter, which is fast approaching, and to renew the supply of cornmeal which he knows is almost exhausted. He will have |90 earned to-night, and to-morrow he must ask his employer for some money and let one of the boys take the oxen and go to Neighbor Flint's, buy their winter supply of corn and take some of it to mill, as he has heard that Mr. Flint had quite a lot of corn to sell, being the only man in that part of the country who had raised a surplus, and who was making a fortune by selling it for |1.25 a bushel. The following morning when John Finch appeared ready for the day's work he foTiud the building closed and a notice that work would be suspended for the present. He learned from parties on the premises that the proprietor had "gone broke" and left for parts unknown the night before, leaving the workmen without a nickel for their wages. Here was a "go" sure enough. John had spent his last cent a week before and was depending upon this money. He turned towards his home with a heavy heart, not knowing what was to be done. He well knew that Flint had the re])utation of being a very close man, and had some misgivings about AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 33 getting auy corn nnlcss he had tlio money to pay for it. His wife had in- formed him that very morning that there was liardly a ponnd of meal left in the honse, and he had cheered her up by telling her what he intended to do. But now he must return home with starvation staring them in the face, and to make matters worse a storm which for several days had been threaten- ing, set in, and promised to be a severe one. In the little log cabin of John Finch that day and the following night there was gloom and disappointment, as the little remaining food was por- tioned out so that it would last as long as possible, while the wind howled and whistled without, piling the light snow in huge drifts, making it a task to be out long enough to feed and water the oxen and procure fuel to keep the old-fashioned fireplace filled with blazing logs, which snapped and crackled merrily and afforded the family the only comfort they had that long, dreary day. As John sat gazing into the glowing coals he had time to look into the future, where lie saw a coming generation enjoying the results that were to follow the trials and hardships of himself and other pioneers. The next morning they sat down to the last morsel of food in the house. It was still storming, but not nearly so hard as yesterday. After some minutes of silence the mother, who had been making a pretense of eating, but was in reality dividing the food on her plate among the younger children, says in a low. Fad tone: ''John, what are you going to do if this storm continues?" John sits for a long time without speaking, his manly frame seems convulsed with emotion and big tears force themselves from his eyes. He finally recovers bis voice and says: "Mother, I am not going to see you and the children starve. Old Flint has got to let me have some corn, money or no money." He pushed back from the table, having barely tasted the morsel of food before him, as he, too, had been making but a pretense of eating. He arose, put on his overcoat and mufder and was soon on his way to Flint's. His wife watched him out of the window as he disappeared through the trees, and then with a sigh returned to the work of setting things to rights in the little home, and cooing and chirping to little Swain, who is inclined to be colicky and needs extra care. John floundered along as best he could through the deep snow drifts, over fallen timber and around dense patches of undergrowth which it was impossible to penetrate. After about an hour of this kind of walking he came to quite a clearing and saw a commodious log house, with stables and outbuildings, indicating that the owner, although on the frontier, was a man of some means. John approached the door and knocked rather timidly, and the misgivings he had entertained all along did not abate in the least as he stood there waiting for some one to answer. A sharp, rasping voice, pitched 34 PIONEER HISTORY OF CUSTER COUNTY in a high key. bade him enter. He stamped the snow from his feet as best he could and opened the door. "Mercy me! Come in quickly,'' spoke the rasping voice, "and shut the door, or the room will be full of snow." John got inside as quickly as possible and apologized for causing so much trouble. Let us take a look at the owner of the premises as he sits in an easy chair before a large fireplace full of blazing logs. He is past middle age; iron gray hair and blue eyes; angular features, with the lips drawn tightly over the teeth, and a self-satisfied smirk playing around his mouth. Politely invit- ing John to a seat, he inquires: "What may I call your name, sir?" "My name is John Finch." "Ah, yes! Mr. Pinch, I have heard of you, I believe. You moved in on Sugar creek and took a claim this fall." "Yes, sir," replied John, "and I understand, Mr. Flint, that you have corn to sell at |1.2o a bushel, and I have come to buy a bushel of you to take to mill, as we haven't a mouthful of food in the house. "Certainly, Mr. Finch. I shall be glad to sell you a bushel of corn and help a neighbor in a pinch, as I was very fortunate this year, and have plenty for my own use and to sell. You can have all you wish, Mr. Finch, if it's twenty bushels. My! but doesn't that storm, rage fearfully? I wouldn't be surprised if we had the hardest winter we have had for years, Mr. Finch." "Indeed it does look blue for a new beginner like me," remarked John, "and I thank you, sir, for your generous offer to let me have so much corn, but I have been unfortunate. I have been working all fall on the new county seat store since I got my house up, and I have used up every cent I brought with me. I had earned |90 on the store, and had not drawn a cent of my wages, and yesterday found the work closed down and Jones gone without paying me. I only want to get a bushel of corn to keep my wife and children from starving, and as soon as this storm is over I will get work somewhere and pay you." "Ah, Mr. Finch, that puts it in a very different light. Y^ou must know I — er — er, I — a— sympathize with you, but — er — a man has to look out for himself first and other folks afterwards. If you can bring me the money, Mr. Finch, I wiU be glad to let you have the corn, although I may be foolish to sell, as next year may be a drought." John Finch sat in his chair for a few seconds, utterly dazed, hardly know- ing whether he had heard the man aright. When he fully realized what it meant to the dear ones at home, and thought of the utter heartlessness and self- ishness of this thing in the shape of a man, who for a few paltry cents would let them starve, his rage had no bounds, and he sprang to his feet. With AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 35 Hashing eyes lie toAvered above old Skin Flint like an avenging angel, with clenched teeth and the veins standing out on his temples like whip cords, as he said: "Mr. Flint, I have one more expedient to try to save my family from starvation. If that fails, I am coming back and, by the eternal, I am going to liaA'e a bushel of corn, money or no money." He flung open the door and again rushed out into the storm, in which he soon disappeared, while old Flint cowered down in his chair, whining and saying that if it became known that he was letting his corn go without the money he would soon not have a bushel left in his crib. John walked rapidly for some time, then suddenly stopped, and, looking cautiously around, toolv his knife and cut a hickory stick about three feet long and two and a half inches in diameter at the butt. He muttered again: "By the eternal, if I fail, I will have a bushel of corn, money or no money." Carefully leaning the club against a stump, he hurried onward. He soon came to a small clearing in which stood a little rough log cabin. He rapped smartly at the door and was invited to enter by a cheery voice from within. He did j?o, and as soon as his eyes became accustomed to the light from the one small window, he discerned a pleasant-faced young fellow, with needle and thread, attempting to mend a rent in the sleeve of his blouse. The young man arose, gave him a hearty handshake and invited him to a seat, apologizing for the effeminate work in which he was engaged, adding: "A fellow has to turn his hand to most any kind of work in this country, Mr. Finch." "That's true. Mr. Bushnell, but you are lucky to have only yourself to provide for such weather as this." "I don't know but you are right, sir, but it gets awful monotonous some- times, mending and cooking for one's self; I often think it would be nice to have some one depending on me for support." John was too much concerned about his own troubles to dally long in suspense, and at once laid his case before the young man, who listened at tentively. At the conclusion of the story of John's adventure with his rich neighbor Bushnell clenched his fist and muttered: "The old skinflint.'' "Well, Mr. Finch, I have about a hundred bushels of potatoes, which is all the crop I raised this year, and if I can be assured of a living until spring, you shall have the potatoes. A bargain was soon closed, wheieby the potatoes were transferred to The Finch cabin, along with young Bushnell, who boarded with them all winter. Not being very well protected, the potatoes were soon frozen solid, but for six weeks the family had nothing else upon which to subsist. When the weather moderated John obtained some work, and as the years rolled on 36 PIONEER HISTORY OF CUSTER COUNTY he prospered and became independent. Young Swain, the hero of our story, j:rew apace and soon reached voung manhood. He Avas a great admirer of the fair sex, and would often cast sheep's eyes at the girls when he thought They were not looking, but his extreme bashfulness came near consigning him to perpetual bachelorhood. He lived with his parents until 1S63, when he was married to Sarah H. Moore, and in the spring of 18G4, in company E. S. FINCH. MRS. E. S. FINCH. Nvitli his brother, David, he made a trip to Montana in search of gold. Not heiug very successful, they started for home in a flatboat down the Yellow- stone river. When they had floated dow^n to within some ninety miles of the Missouri river winter overtook them and prevented further progress by that means. Having fallen in with three other men who had been in Montana wn the same errand as themselves, they all joined in, built themselves a log cabin and hunted and trapped until the ice went out in the spring. They had to live for six months on bear, elk and deer meat, without either salt or bread of any kind. They had left their boat in the water and when the ice began to move in the spring it was torn to pieces, leaving the boys on foot in a Vi'ild, rough country, many miles from any settlement, with a large lot of furs and skins that must be transported by some means. They fortunately had an old whip-saw among their belongings, and with this they went to work and sawed lumber enough with which to construct a boat thirty-eight feet long and nine feet wide, into which they loaded their furs, which they took down to Yankton and Sioux City and disposed of for the snug sum of $1,000. AND SHOET SKETCHES OF EARLY DAYS IN NEBRASKA. 37 They reached Omaha May 8, IS^;."), and the Finch hoys i)i'()ceeded lionie as last as they could, where they were received with great rejoicing, the family not having heard a word fi-om Iheni since their dcj^arfiire almost a year before. When and where E. S. Finch, the hero of this story, received the name of •'Uncle Swain," and his good wife that of ''Annt Sarah," the writer does not know, but it w^as a long time ago, and hereafter in this sketch we shall use these names, as they are seldom referred to by any other in Custer county. After the trip to the gold fields of Montana in 1804-;"), Uncle Swain and Aunt Sarah moved to Hardin county, Iowa, where they lived nntil tlu^ spring of 1875. They had known what hard times meant in tlieir childhood, and had determined at the outset of their married life to live economically. As a consequence they found themselves ten years later in fairly good circum- stances and possessed of many of the good things of this life. As free range for stock had by this time become a thing of the past in Iowa, Uncle Swain and his brother, David, started to Nebraska in the latter part of May, 1875, with eighty head of cows, Aunt Sarah driving a horse team, while her hus- band navigated a prairie schooner drawn by two yoke of oxen. They landed at Kearney, Nebraska, on July 4th, having made the trip in about forty-ei.ght days. They went into camp near Brady Island, cut and put up some hay for their cattle, and in October came over to the South Loup river and located a ranch on section 8, township 16, range 24. They arrived about dark and camped for the night. The next morning, while David and a younger brother who had come along with them were preparing breakfast. Uncle Swain saw something that looked like a post in the ground away off on the prairie. He picked up his gun and strolled leisurely over to investigate, and found the remnants of a camp, probably that of a beef outfit on their way to the Sioux reservation. The object that he had taken for a post proved to be a sugar barrel, and thinking it would be a good thing to pack meat in, stepped up to get it. He looked into it, then rubbed his eyes and looked again, and walked back to camp, procured a grain sack and returned to the barrel. These mysterious movements on the part of Uncle Swain excited the curios- ity of his brothers, and when he came back to camp with the barrel under one arm and the sack half full of something on his back they shouted to him in chorus: "What have you got in the sack?" ''Coffee," puff's Uncle Swain, as he throws down the barrel and deposits the sack on the ground in front of him. "Oh, you can't fool us; it's corn or oats," For answer Uncle Swain gets an empty can, unties the sack and opens to view a good half bushel of fine looking coffee to the astonished gaze of AXn SHORT SKETCHP]- OF KAHLV DAYS l\ N|C1!RASKA. 30 his brothers. He takes out a large drawing and proceeds to make some for i/icakfast, and as the fragrant aroma arises from the boiling pot, David and bis brother conclude that the coffee is poisoned, and try to dissuade Swain from drinking any of it. Not succeeding in this, they try to kick it over, but ^'wain stands out firmly and declares that the fellow who Idcks his coffee into the fire will follow it. Seeing that he was in earnest, they permitted him to swallow^ two big tin cups full of it, after which, taking a long breath, he says: *'Now, boys, if I ain't dead in fifteen minutes, you can have some of it." It is needless to say that soon after the two boys were enjoying as good a cup of coffee as they ever tasted, and as they had but a little tea with them the find proved a valuable one. They blessed the absent-mindedness of the cook who had gone away and forgotten his coffee barrel. Upon investigation they found plenty of cedar in the canons near by, which they cut and used in the construction of a log cabin about twelve by fourteen feet in size. Then killing a wagon load of deer and elk, they returned to the camp at Brady's Island. In about two weeks thereafter they were settled on their ranch and put in the balance of the winter cutting and haul- ing cedar, building another log house sixteen by eighteen feet, making stables and corrals, and looking after their stock. A funny incident which happened at one time while they were keeping batch for a short time at the new ranch is worth repeating. One morning the cook had an extra fine brewing of coffee and they all showed their appre- ciation of it by drinking more than usual. Uncle Swain had passed his cup the third or fourth time, when he observed something white in the coffee pot. He remarked: "Say, Jim, where did you get the egg to clear yer coffee with this morning?" ''Didn't have any egg," grumbled Jim, who appeared to bo a little out of sorts and not in a talkative mood. "What's the use of yer lyin' about it, Jim; I seed it when you w'as pourin' out that last cup of coffee." "You didn't, nutlier/' snapped Jim. The Finch boys had as a guest a stylish friend from Iowa, and he was called upon to examine the cofl'ee pot to settle the dispute between Uncle Swain and the cook. The young man ]»()ured the grounds out in the jard and made a critical examination. He gave a sort of convulsive gasp, turned deathly pale, placed his hand near the region of his stomach and disappeared around the house. The antics of the young fellow' caused the others to push their unfinished cups aside — Uncle Swain alone excepted — and to make an investigation of the contents of the coffee pot. Among the grounds they dis- AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 41 covered a larj;e, warty toad, swollen lo three times his natural size. The old fellow had evidently climbed up between the lo«?s of the cabin and fallen into the coffee pot, which sat close to the wall and had no lid. In the sprinj? of 1876 the boys planted about sixty acres of sod corn, which was just bej;inning- to malce fine roasting ears, when one afternoon they discerned Avhat appeared to be a prairie fire, a dense cloud of smoke aris- ing in the northwest. They wondered at a prairie fire at that time of the year, when the grass was gToen. They watched it intently as it came nearer and nearer, until it obscured the sun and darkened th(^ air like an eclipse. When it had come within a hundred yards of them they lieard a continuous cracking and snapping sound, which increased to a perfect roar as it ap- proached them, AA hen they discovered to their horror that a cloud of grass- hoppers was u])()n them. They alighted and in a few seconds every green thing in sight was literally covered and hidden with a seething, crawling mass several inches in depth. The beautiful field of corn melted down as if each leaf was a spray of hoar frost in the rays of a noonday sun. Uncle Swain was dumbfounded for a moment, but when he saw that corn fading he came to his senses, cut a large willow bush and went after those grass- hoppers with a vengeance. He proceeded down a corn row, threshing to right and left, killing his thousands with every sweep, and mowing a swath of death in his track. When he had gone about a hundred yards he stopped to get his breath and discovered to his extreme disgust that there were as many grasshoppers behind him as there were ahead. This disheartened him and he gave it up as a hopeless task. The hoppers ate up everything in the shape of grain and garden stuff on the place, leaving it as brown and bare as if it had been swept by fire. They would settle on a post the thick- ness of a man's arm, and in a few seconds it would appear to be as big as a log. When the hoppers left it it would look as if it had been scraped with a knife, every vestage of bark and fiber being eaten off. Aunt Sarah and her sister-in-law had a fine patch of cabbages which they thought to save by covering the plants with hay; but the hay served only as a convenient shade for the hoppers, who crawled under it and dined off the juicy cabbage heads at their leisure. They then laid the hay around the patch and buimed it, thinking to smoke the pests away, but to no avail. WTien they left that cabbage patch nothing remained but a few bare stalks eaten almost to the ground. After the log house was finished Aunt Sarah was installed as cook, and many and varied were the experiences she passed through in that frontier home. The story of them alone would fill a large book. She had a dirt floor, covered with green cow hides which she stretched tightly, hair side up. 42 PIONEEK HISTORY OF CUSTER COUNTY making the room look very neat and cozy indeed. Slie learned the art of tanning deer hides and the skins of other animals, and at this day has many beantifiil rugs made from these which testify to her fine handiwork in that line. Aunt Sarah was the only woman within forty miles, and a braver one uever trod the soil of Nebraska. While all the men folks were off on the round-up she was left alone for days at a time, and at one time a whole month, with only a dog and a cat to keep her company. She had to ride the range daily for several hours to prevent the cattle from straying away. Indian scares were frequent, and many a stout-hearted man would have been reluctant to remain in such a place in solitude as did this brave woman. But Aunt Sarah was always prepared for the worst, and Uncle Swain mixed a box of sugar and strychnine which she carried with her for three years. No doubt many of our readers will ask what use she expected to put this mixture to. She knew Indians were very fond of sugar, and when- ever one of them obtained any of it, he would never take a taste until the whole band were present. Then, seated on the ground, he would pass the del- icacy around, dropping a small portion in the palm of each outstretched hand. When all had been served they ate it at a given signal. Had a band of the savages robbed Aunt Sarah of her sugar, the result could be easily imagined. Aunt Sarah could throw the lariat with wonderful skill, and was always to be found where duty called her, no matter how disagreeable or how difficult the task she had to perform. To-day, after twenty-five years passed in Custer county, she sits in her elegant home by her cheerful fireside, and re- counts the trials and tribulations of the past, many of them stranger than fiction. L'ncle Swain is just as young to-day as he was twenty-five years ago. He has ahvays been more or less a source of trouble to Aunt Sarah, although she now has him prettj' well in hand. Some years ago whenever she gave him a "piece of her mind" and endeavored to show him the error of his ways, he would retaliate by threatening to commit suicide in some horrible manner. Upon one occasion Aunt Sarah was freeing her mind for Uncle Swain's benefit, when he shouted: ''If you don't shut right up, I'll go out and freeze myself to death in that snow bank." Aunt Sarah was too much out of patience to remember former frights that she had received by similar threats, and kept right on laying down the law from her understanding of it. With eyes glaring into space, clenched teeth, and set features, like a man who contemplates some terrible deed, looking neither to the right nor to the left, he takes down his overcoat and puts it on, buttoning it up to his chin, walks deliberately out and lies down on the snow bank. These movements are fol- lowed by two pairs of curious black eyes belonging to his nephews, John and Bob, who look on with mouths wide open thinking the old man had gone AND SHORT SKETCHES OF KARLY DAYS IN NEBRASKA. 43 crazy. After a few mirmles the freeziiii,^ iiinii raises hiiiisclf uj) (Ui one elbow, looks around and discovers these 1\vo jiair of hrij^ht eyes watching: him througli a chink in the wood shed. He motions the boys to come to him and sends Johnny after the bnfl'alo robe, which he carefully wraps n round his body and again lies down to freeze in comfort. As he lies there he pictures Aunt Sarah inside taking on and weeping her eyes out over his sad fate. Catching another glimpse of the bright eyes he calls their owners to him and inquires, in a stage whisper: ''Say, boys, is the old gal a-cryin'?" "Naw, she's laughin'." Then, by George, that settles it; I won't freeze." tfji^ MitcIjcU ant) tn^fii;unt frag^tiy. During the year 1877 a number of settlers located on Clear creek, near 1 he east line of the county, among the number being Luther Mitchell and Ami Ketchum. Mitchell came from Merrick county, was a farmer about sixty-five years of age, and married. Ketchum was a blacksmith by trade, but had de- cided to become a farmer, although he still did some work at his trade for the neighbors. He Avas unmarried and was living with Mitchell at the time of which we are writing. I. P. Olive was one of the wealthiest cattle men in Nebraska at that time, and owned many thousands of cattle that roamed over the valley of the South Loup river and adjoining country, and in common with other men in the same line of business, had suffered heavy losses from the depredations of cattle thieves. For this reason he became the prime mover in an attempt to drive the cattle thieves from the country. Olive resided in Plum Creek. Dawson county, but his ranch was on the South Loup river, about four miles east of the present town of Callaway. While in a general way he was a good sort of man, and very generous and courteous to those with whom he was on good terms, he was an implacable enemy and an adept in the use of firearms. His brother, Kobert Olive, was a bad man w^hen aroused. Bob Olive had pre- viously killed several men in Texas, and to conceal his identity had assumed the name of Stevens and tlown to Nebraska, where his brother L P. had already established a ranch, and it was under the name of Stevens that he was known during his career in Custer county. A short time previous to the events which led up to the killing of Bob Olive, or Stevens, one Manley Capel 44 PIONEER HISTORY OF CUSTER COUNTY ioo^JV-^yx^x-kfi^icL .- ,jpfi^^ cA-c. V ^ ~. <-\ _i_ i m w n-^^.t Old Mitchell Ranch on Clear Creek. had been arrested on a charge of cattle stealing in Custer county, and in his confession he seemed to implicate Ami Ketchum in the nefarious business. This, with the information obtained from a man by the name of Mclndeffer, who was acting as a sort of spy for the cattlemen (and who, by the way, was hanged as a cattle thief in No Man's Land, a few years ago, so it is said), so impressed the Olives that they determined to arrest Ketchum, and notwith- standing the enmity that was known to exist between Bob Olive and Ketchum, Sheriff David Anderson, of Buffalo county, made Olive a deputy to arrest Ketchum. In the company of two rough and reckless cowboys named Barney Armstrong and Pete Beaton, Bob Olive started for the home of Mitchell and Ketchum on the 2Tth day of November, 1878, with Mclndeffer as a guide. When they arrived at the homestead of Mr. Mitchell, the latter and Ketchum were preparing to go to a neighbor's by the name of Dowse, to return a borrowed animal. Mrs. Mitchell was preparing to go with them. Before they started a stranger rode up and asked if he could have his horse AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 45 shod. Ketchiim explainod liis i>laiis for the day and asked tlie man to come the followinii: day and he conkl shoe the horse. The stranj?er agreed to do so and rode away to rejoin Bob Olive and the other two men, who were liidden behind a small liill to the south of Mitchell's house. Having failed to get Jlitchell and Ketehum sepai'ated by the I'nse of getting the horse shod, the Jiien now rode boldly np toward the settlers, who paid no particular attention 1o them, as men on horseback were the rule and not the exception in those days. Mrs. Mitchell had already taken her seat in the wagon, and the men were tying the animal to the hind axle of the vehicle. When within a short distance the cowboys made a dash on their horses, four abreast, and Bob Olive shouted to Ketehum to throw up his hands, as he was an otficei- of the law, at the same time presenting his revolver. Ketehum threw up his right hand with a forty-four Colt's revolver in it. and both num fired at the same instant. Several shots were exchanged, resulting in the breaking of Ketch- iim's left arm. As soon as the shooting commenced the old man, Mitchell, grabbed his Winchester and took deadly aim at Olive, who discovered him and shouted: "My God, old man, don't shoot," but it was too late. Mitchell's linger iuid already pressed the trigger and the bullet sped forward to do its fatal work. Olive reeled in his saddle and the cowboys prevented him from falling. He gasped: "Boys, I am done for." Supporting him on his horse, they turned and rode rapidly away, followed by bullets from Ketchum's Win- chester, w^hich was loaded by a girl named Tamar Snow, a step-daughter of Mitchell, Ketehum being unable to load the gun himself on account of his broken arm. He fired the last shot at a range of 200 yards, just as the cowboys dropped out of sight behind the rise of ground previously referred to. One of Ketchum's bidlets cut a scarf around Beaton's neck in two, draw ing blood, and another shaved off one side of the rim of his hat close to the head. Another went through Armstrong's foot. Mclndeffer, who after- wards described the encounter, declared that Ketehum came as near being the devil as any man he ever saw, and that he believed he would have killed every one of them, even with one broken arm, if they had not gotten out of the way. As soon as the cowboys got out of reach of the flying bullets, Olive was laid on the ground and a consultation held. The wounded man was then taken to the dugout of one Harrington, who lived about a quarter of a mOe further down the creek, where Olive made his will and sent for his wife. He died in three days afterwards. As soon as the cowboys disappeared from sight Mitchell and Ketehum packed up their few movable belongings and started for their former home in Merrick county. As soon as the news of the shooting spread over the countrv there was great excitement among the cattlemen and cowboys, and AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 47 the same night a large force returned to the Mitchell house, undoubtedly to wreak vengeance on the two men, but finding them gone they set fire to the house and burned up the roof, that being the only part of it that was combus- tible. When they arrived in Merrick county Mitchell and Ketchum went to the house of George Gagle, and a Dr. Barnes was sent for to attend to Ketchum's broken arm. The next morning, acting upon the advice of friends, and hav- ing found a place of safety for Mitchell's family, the two men started back to Custer county to give themselves up to the authorities for the killing of Stevens. On their w^ay they passed through Loup City and consulted with Attorney Aaron Wall, who advised them to proceed no farther, as the cow- boys would certainly lynch them. They remained several days in Loup City and then went to the house of J. R. Baker, on Oak creek, in Howard county, where they were arrested by William Letcher, sheriff of Merrick county, and E. W. Crew, sheriff of Howard county, giving themselves willingly into tlie custody of the officers. I. P. Olive had offered a reward of |700 for their arrest and several officers, among whom were Crew of Howard county, Anderson of Buffalo county, Gillan of Keith county and Letcher of Merrick county were anxious to capture them in order to secure the reward. But after the capture Crew and Letcher were unwilling to assume the responsi- bility of taking the prisoners to Custer county and of turning them over to the cowboys. They were finally taken to Buffalo county and lodged in the jail at Kearney, in charge of Sheriff Anderson, for safe keeping. The pris- oners were at first held without legal authority, as Olive had given the war- rant for their arrest, issued in Cubter county, into the hands of Barney Gillan, sheriff of Keith county, to serve. The prisoners had engaged Thomas Darnall of St. Paul and E. C. Calkins of Kearney as counsel. Their attorneys endeavored to have the prisoners retained in the jail at Kearney, having i-easons for believing they would be lynched if taken to Custer county. The feeling at Kearney was against Mitchell and Ketchum, as the people had been led to believe that Olive had been shot while fulfilling his duty as an officer of the law. A dispute arose among the sheriffs as to a division of the reward offered by I. P. Olive for the arrest, but Olive declined to pay the money until the prisoners were delivered in Custer couty. A proposition was finally njade to Sheriff" Anderson to take the men to Custer county, for which ser- vice the others agreed to pay him |50. This proposition was declined by Anderson, unless he were paid enough to enable him to employ a sufficient number of men to guard the prisoners. It was at last arranged that Gillan should take the prisoners to Custer county, as he held the warrant for their arrest, and he promised to notify their attorneys. Darnell and Cjilkins. so O o ^' a — a a ^ =^ >. CO 2 2 u AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 49 The Cowhoyti crossing ford near Old Olive Ranch, on their way to Devil's Gap. that they could accoiiipaiiy their clients. As Gillan was a sheriff, and his desperate character was nnknown to Darnell and Calkins, they thought everything- was all right. Nevertheless they kept their eyes on the jail to prevent any attempt to remove the prisoners by stealth. On the forenoon of December 10th, Darnell, fearing that the prisoners were about to be taken away, kept close watch until the west bound emigrant train came in. After its arrival at Kearney he waited at the depot until he thought it was about time for it to pull out, when he started to leave. In the meantime Gillan had taken the prisoners from the jail and hustled them into a car just as the train was pulling out. Darnell telegraphed to Gillan at Elm Creek, asking him if he would hold the prisoners at Plum Creek until the next train. Gillan replied that he would do so. Darnell also telegraphed to Captain McNamar, an attorney at Plum Creek, requesting him to see what was done with the prisoners when they got off the train at that city. Plum Creek was the home of I. P. Olive, and here he was surrounded by many friends and employes. The train pulled into Plum Creek about 3 o'clock in the afternoon, and Olive and his friends were waiting at the depot with wagons, into one of which the prisoners were immediately loaded, and a start made to Custer county. Captain McKamar was unable to prevail on Gillan and Olive to wait for the arrival of Darnell from Kearney, and believing it was the intention to murder Mitchell and Ketchum, he followed the wagon train for some distance. Seeing that they were being followed, the wagons separated, but McNamar kept after the one containing the prisoners until it became so dark — o o ^ o „ ft £ O J »>^ ■kK-y'.Vr/Jt^i- .11 AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 61 lliat be lost the tiail among the hills. The Olive party kept on all night until they met on the South Ix)up, about five miles from the Olive ranch, ^^•he^e the transfer of the prisoners from Gillan to Olive took place. The names of the men who received the prisoners were Dennis Gartrell, Pedro Dominicns and Bion Brown. After the delivery of the prisoners to Olive's men, Sheriff Gillan and Phil Dufrand walked away a short distance while Ihe Olive men started with the prisoners to a place known as the "Devil's Gap," in a wild canon about half way between the Loup and Wood River valleys, some five miles southeast of where Callaway now stands. Olive and Gartrell drove the wagon containing the prisoners, and the\ stopped under a small elm tree. A couple of ropes were passed over a limb and Gartrell tied one of them around Ketchum's neck, while Pedro Dominicns fastened The other around the neck of Mitchell. Ketchum was first drawn u]). Olive then took a rifie and shot Mitchell, after which he also was drawn up until iie dangled beside his companion. The bodies of the two unfortunate men were found at about 3 o'clock in the afternoon of the following day by a party of men, among whom were Captain McXamar, Anton Abel. Louis Wamsgan, George Sandford, Al Wise, County Judge Boblitz and perhaps others. When found the bodies were frightfully burned, that of Ketchum still hanging 1o the limb, while that of Mitchell was resting on the ground, the rope by which he had been suspended having either been broken or burned in two. The men were handcuffed together, one of Mitchell's arms being drawn up to Ketchum by the handcuffs, while the other was burned off to the shoulder. Jt was a sickening sight, and Captain McNamar returned to Plum Creek and reported what he had seen. After hanging Mitchell and Ketchum, the Olive gang rode about one mile toward the Olive ranch, where two of the men were given fresh horses with which to return to Plum Creek. It will probably never be known who did the burning of the bodies, or how the same was done, but it is generally supposed that these two men, crazed with drink and fired with the thought of revenge for the killing of one of their number, resolved to put the finish- ing touch on the terrible night's work by pouring the contents of their liquor flasks over the hanging bodies of their victims and setting them on fire, as they had to pass by that road to get back to Plum Creek. The evidence at the trial was convincing that the bodies had been burned, although an attempt was made to prove that Mitchell's clothing had caught fire from the powder of Olive's gun, and although it had been put out, it caught again after the men departed from the spot. A careful examination of the spot disclosed The fact that the fire had been carefully whipped out for quite a circle around the bodies, thus proving that some one must have been present during the 52 PIONEER HISTORY OF CUSTER COUNTY burning; otherwise the whole country would have been burned over, as the grass was as dry as tinder. It does not appear, however, that Olive was a party to, or had any knowledge of, this part of the crime. Steps were immediately taken to arrest the perpetrators of the crime and bring them to speedy justice. The whole state was horror stricken at the sickening details of the tragedy, but the well-known desperate character of most of the men concerned in it made the question of apprehending them a very serious one. Judge William Gaslin thus relates the methods employed to arrest the criminals: ^'I first heard of the lynching of Mitchell and Ketchum while- on a train on my way from Nebraska City to Sidney, where I was to open court the next morning. When I opened court there was such an excitement that ihere was no disposition or readiness to do business, and upon seeing an article in the newspaper published at Kearney by the Eaton's, denouncing the governor for not taking active steps to bring about the arrest of the murderers, and complimenting me by saying that there was one man in Nebraska who would see that the perpetrators of the crime would be brought to justice, and the man was Gaslin, I called my reporter, F. M. Hallowell, who resided at Kearney, and instructed him to proceed to that city on the first train and tell Eaton not to make further mention of my name in connection with the matter, as I had a plan to capture the desperadoes and did not want my name mentioned for fear of putting them on their guard. Late that afternoon I adjourned court and took the train east for Plum Creek, where quite a number of the Olive gang lived. I found assembled at the residence of Attorney General Dilworth a number of the law-abiding citizens of the city, armed to protect themselves against the outlaws who had threatened the lives of those w^ho should attempt to bring them to justice. Among these I now recall Captain McNamar, an attorney, and Jack MacColl, clerk of the District Court. I learned that all the officials of Custer county, where the lynching was done, either belonged to, or were under the influence of, the Olive gang, and as they could not be moved against by or through any of the officials of that county, I left on the first train for Kearney to look up the law and see if I, as an examining magistrate, could not issue warrants for their arrest, which plan I divulged to no one. I w^as in constant touch with General Dilworth, and soon satisfied myself that I had the authority and set to work preparing complaints and warrants to have the outlaws arrested. After I had matured my plan I met J. P. Johnson (still residing in Kearney, three score and ten, hale and hearty), and in conversation he re- marked that if the officers were afraid to arrest the criminals he would fur- nish men to do it if I would deputize them. I informed him that I had con- AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 53 fidentially arranged for a meeting of the sheriffs of Dawson and Buffalo counties, General Dilworth and a sacred few others, and invited him to attend. There were present at this meeting, in Judge Savidge's office, the judge, J. P. Johnson, General Dilworth, the two sheriffs and myself. I told these men the conclusion I had come to. and the complaints having been filed before me, I made out the wararnts for the arrest of the criminals and offered them to Sheriff James of Dawson county, and Sheriff Anderson of Buffalo county, and both declined to take or serve them on account of a fear of their lives, as they said. I then turned to Johnson and asked him to give me the names of the men he agreed to furnish, which he did, and I deputized them, there being, I think, five or six of them, and gave them to Johnson for delivery. One of the men deputized was Lawrence Ketchum, a brother of the man who was lynched, and another was a powerful young fellow by the name of Young, a deputy sheriff of Clay county. A third was named Pingree, and the fourth was a man from Illinois. A plan was arranged in strictest secrecy for a part of the men deputized to go across the country to Custer county to arrest part of the gang who were at the Olive ranch. Another party was to board a freight train at Kearney about midnight, which arrived at Plum Creek a little before daylight. The railroad people Avere in the secret and stopped the train a little before Plum Creek was reached, where the officers left the train and walked into town, where they effected the arrest of all the gang who were in the city. Lawrence Ketchum, Bob French and others went from Kearney, and were assisted by some of the constables of Plum Creek. When the other party arrived at the Olive ranch they found that the men they were after had fled the country. Among Them was the delectable Barney Gillan, sheriff of Keith county, who had delivered Mitchell and Ketchum over to the murderers, and who secured the ^700 blood money paid by Olive. On the afternoon of Sunday the parties who arrested the desperadoes at Plum Creek landed them in Kearney on a freight train, where they were put in jail and a strong guard placed over Them. Thousands of people were at the train when it arrived with the pris- oners. Some of the prisoners, I think, were subsequently taken to the state prison for safe keeping until the April term of the District Court in Adams county, where the trial had been set, the prisoners wai\ang preliminary exam- ination before me. All kinds of lawyers, good, bad and indifferent, were employed by the defense, some for ability and legal lore, and some to insult and bulldoze the court — for which they occasionally got fined for contempt. The trial had not progressed long before the prosecuting attorney secretly informed me that he had made a secret arrangement with one of the pris- oners, Bion Brown, to turn state's evidence, to testify on behalf of the prose- 54 PIONEER HISTORY OF CUSTER COUNTY ciition. Brown was in jail with the other defendants, heard and knew all their plans, and daily communicated the same to General Dilworth, the pros- ecuting attorney. He said at one time that they talked of having their friends, who were in disguise in the town, shoot General Dilworth and me and have horses ready for the prisoners, who would be enabled to escape in The excitement. T then gave orders for no one to occupy the gallery opposite where I sat, and I had a large number of bailiffs secretly heavily armed scat- tered over the court room, with nothing to indicate they were officers. One day it was reported that a number of the Texas friends of the prisoners w^ere secreted in the hills near the Platte river, armed to the teeth, and provided with good horses with which to swoop dowm on the court and liberate the prisoners. Other things came to the knowledge of Sheriff Lewis Martin of Adams county, a most excellent officer, which induced him to procure a company of regulars from Omaha, which was sent by the commanding officer as soon as possible. The soldiers were tented on the public square of Has- tings, opposite the hall where the court was being held. The Legislature ap- propriated $20,000 to be expended in the prosecution of the case, to be paid out on vouchers approved by me, a part of the money being paid for the subsistence of the soldiers. Bion Brown and Pedro, the Mexican, were used as witnesses for the prosecution, the latter testifying through an interpreter. A better witness I never heard testif}-. On cross-examination he testified almost, if not exactly, to what he did in direct. "The trial commenced in Hastings in April and continued almost through (.he month. Some of the ablest lawj-ers of the state were engaged on the case, among them being General Dilworth, the prosecuting attorney; District Attorney Scofield and John M. Thurston, for the state; and F. G. Hamer, General Connor and Hon. James Laird for the defense. An indictment was found against Ira P. Olive and eleven others for the murder of Luther Mitch- ell, and I. P. Olive and Fred Fisher were placed on trial to answer for the crime. There w'ere about 100 witnesses, among whom we find the names of Captain McNamar, Anton Abel, Louis Wamsgan, James Kelly, Phil Du- frand, George Sandford, A. C. Woodworth, David Blackman, George Arnold, Sheriff O'Brien, Dan Haskell, James Gray, H. C. Stuckey, S. C. Stuckey, John Myers, Andrew Pancake, E. S. Finch, W. H. Kilgore and S. R. Ritchie. Phil Dufrand and Bion Brown, two of the defendants, turned state's evidence and testified against their associates in the crime. The witnesses for the prosecu- tion testified to the facts substantially as heretofore related, while the wit- nesses for the defense confined themselves to testifying as to the good char- acter and reputation of I. P. Olive. As a sample of the testimony offered by The prosecution the following may be interesting: AND SHORT SKETCHES OF EAHLY DAYS IN NEBRASKA. 55 Captain McNaniar sworn: Eeside in Plum Creek. Eesided there Decem- ber 10, 1878. Knew Mitchell. He is dead. Saw him at Plum Creek hand- cuffed. A. W. Tvetchum and Barney Gillan were with him. This was some- where between 12 and 2 o'clock. Saw Olive at Plum Creek. Am acquainted with him. This is Mr. Olive (pointing to prisoner.) Saw Mr. Olive on that day getting off the train. No one was with him but Mr. Fisher. Each went towards his own home. Fisher was going toward the train when he mot Olive. Don't think I had any conversation with Olive that night in regard to taking prisoners out to Cnster. Had no conversation with Gillan about prisoners in his presence. Mitchell and Ketchum stayed in town about an hour. Saw Mitchell get in buggy with Ketchum and Dufrand and start north towards Olive's ranch. Know where Olive's ranch is. I have been there. It is north of Plum Creek. The buggy went in the same direction. I drove along immediately behind the buggy for several miles. Last time I saw Mitchell was at the house of McLean. We stopped there a few minutes, then drove on north towards Olive's ranch. Think it was between 2 and 3 o'clock when we left Plum Creek. Was about fifteen miles north of Plum Creek when it became dark. Lost sight of them about four miles further on. It was then getting very dark. Had not seen Olive up to this time. When twenty miles from Plum Creek I noticed three men on horseback on my right riding slowly. It startled me a little at first, not expecting anything. They were riding close together. The foremost man was Mr. Olive, here. Saw Olive next morning at his ranch in Custer county. This is fifteen miles from where I saw him the night before. I think Mr. Olive's ranch is forty-five or fifty miles from Plum Creek. Think it was about 9 o'clock when I saw him. It may have been earlier. I had conversation with Olive concerning the whereabouts of Mitchell. I asked him where the prisoners were. His first answer, as I recollect it, was that he didn't know. The next was that the prisoners had got away and perhaps had gone to Kearney. Saw Boblits, the county judge, and asked him where the prisoners were. He said they had gone to Plum Creek. Mr. Boblits, Louis Wamsgan, Al Wise and myself searched for them. Found them in a canon in the vicinity of Devil's Gap, about a mile and a half from Abel's ranch. They were about a mile and a half from the road. Mitchell and Ketchum were both dead. Mitchell's body was partly on the ground, down on the lower limbs. The body was held up- right by the chain of handcuff. Over the head of Mitchell was a rope hanging from the limb of the tree. The lower portion of the rope was burned off. The body was burned black. In some places the body was cracked open, I suppose by the effects of fire. The clothing was burned off. On the ground under the body of Ketchum, which was still hanging, were black ashes and 56 PIONEER HISTORY OF CUSTER COUNTY more or less cinders, and under the body of Mitchell were embers covering three or four feet of ground in diameter. The lower limbs were down in these embers. Blood was oozing from his mouth. Showing the Burned Bodies of Mitchell and Ketchum, as Photographed after being brought to Kearney. George Sandford sworn: Live in Custer county. Reside at the house of Mr. Anton Abel. I was with the party that found the bodies of Mitchell and Ketchum. I first found the bodies. Mr. McNamar was about 200 yards behind me. I can describe the position in which the bodies w^ere. Mr. Ketchum was hanging to a tree with a rope around his neck; his head was about a foot from the limb to which he was tied and his feet were about two or two and a half feet from the ground ; Mr. Mitchell was in a kind of sitting position; his hands were fastened to the hands of Ketchum by a pair of iron handcuffs. The rope that was over the body of Mitchell was a new rope and hung down about a foot from the limb. It had been burned off. The body of Mitchell was very badly burned; one boot was burned almost entirely off. His body was burned to a crisp. The leg that was under the body was burned most; 1 think it was his right leg. The leg that was not under him was burned a little, but not so much as the other. There were some pieces of woolen cloth on the body of Mitchell, and the arm that was up and was fastened to Ketchum had some clothing on it. I think there was a part of one of the pants legs in one of his boots. Mitchell was burned to a crisp down to his knees. The clothing of Ketchum was all burned off except some pieces AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 57 of clothiug in his boots; maybe some on one arm. Tlie wolves had gnawed some of the body of Mitchell, that is after we first saw tliem. The place of the burning- was one and a half miles from Anton Abel's, two and a half miles from Olive's ranch, and about six miles from Durfee's ranch. It is I. p. OLIVE FREDRICK FISHER four and a half miles from Olive's ranch to Durfee's ranch. Mr. Abel, Mr. Wamsgan, Mr. McNamar, Mr. Boblits, Mr. Wise and myself were the party that found the bodies. All on horseback except Mr. McNamar; he was in his buggy. It was 2 o'clock when we started to look for the bodies and in about twenty minutes I ran onto them. The court house in Custer is a little over two miles from Olive's ranch. Olive's ranch is up the river from the court house. Boblits and Wise came from the direction of the court house. Don't know whether they came from Custer or not. The bodies were some twenty rods from the road. The grass exactly under the bodies was not burned. It was burned off about three feet around. I examined the ashes under the bodies as far as I knew how. There were no w^ood ashes there to the best of my knowledge. There was plenty of wood near by. This place was on the road from Plum Creek to Custer. It is known as the Abel road. The road here runs in a canon all along, and the bodies Avere in a draw running to one side of this canon. There were cracks on the bodies, but I don't think any gashes. I think they were caused by the frost. It was on the 11th of December when we discovered the bodies. The coroner's inquest was held on the 16th of December. 58 PIONEEE HISTORY OF CUSTER COUNTY The arguments of the attorneys were lengthy, able and eloquent, and the case was given to the jury on the evening of April 16th. A verdict was arrived at before morning to the effect that I. P. Olive and Fred Fisher were guilty of murder in the second degree. Judge G-aslin immediately sentenced them to the penitentiary for the rest of their natural lives, to which place they were taken. On the same day, at 2 o'clock in the afternoon, Judge Gaslin announced that he was ready to proceed with the trial of the other members of the gang, but it is not deemed necessary to give any further account of the same here. In conclusion, the following sketch of the Olive family, which we copy from a file of the Omaha Eepublican printed during the great trial at Has- tings, may be of interest to the reader: James Olive and wife are now at Plum Creek, having arrived from Texas a few days since. The couple are quite old, and deeply grieved over the recent troubles that have been recently visited upon the family. Mr. Olive is seventy-nine years of age, and his companion a few years his junior. They removed from Louisiana to Texas shortly after the close of the Mexican war, and have ever since made their home in Williamson county of that state, liefore going to Texas he was a farmer, but afterwards went into stock quite extensive!}'. His boys — five in number — have all been brought up to the same business. The oldest member of the family is Mrs. Wind, who now resides in Williamson county, Texas. Her husband was killed in the Confed- erate army and she and her children have remained at the old home ever since. I. P. Olive, commonly known as Prentice, or "Print" as he has been nicknamed, is about forty years of age and has spent most of his life in the Lone Star state. When the war broke out Prentice left home and joined a Texas regiment and remained in the rebel army until it closed. He was se- verely wounded at Shiloh in the thigh. Afterwards he drove a mule team v.ith the army until the fight before Vicksburg, where he was captured and shortly paroled. After the exchange of prisoners was effected he returned to duty and with his regiment was detailed to garrison duty at Galveston and there remained until the close of the war. Returning to Williamson county he again engaged in stock raising. His brother, Ira, the next son in age, remained at home throughout the conflict and took care of the stock. The entire family were in strong sympathy with the southern cause, but no others were in the army. In 1866 I. P. Olive was married to Miss Louisa lleno, the daughter of a small farmer and stock dealer, who was an orphan living with her grandfather. By her he has become the father of seven AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 59 children, five of whom are living. The entire family are in Hastings at present. The father and boys bought considerable stock at the close of the war and had gathered together a considerable property. Each of the three, Pren- tice, Thomas and Ira, and the father had a small farm, and some distance from their farms they had established a range and a ranch. They had sepa- rate brands, but seemed to have worked together for the common good of (.'ach other. In the spring of 1870. I. P. Olive and his brother, Ira, accompanied by a hired man, started on a cattle drive. Several miles from home they met a man named Fream and two companions who had some Olive cattle in a herd they were driving. The Olives cut their stock from the herd, and Prentice Olive and Fream passed a few harsh and threatening words. Both men were quite angry when they separated, but no demonstrations of violence occurred. Some days after, Bob Olive — afterwards known in Nebraska as Stevens — in passing through a ravine, was fired upon by two parties who he told his brother were Fream and one of the two companions above named. Being unarmed, and a mere boy of fifteen, he made no resistance, but rode rapidly to his brother, Prentice's, home. A few days more elapsed when Fream and I. P. Olive met, the former being accompanied by a man named Whitehead. All were on horseback. Olive accosted Fream with the question: ''Did you shoot at my brother, Bob?" "No, but I'd like d— n well to take a pop at you," was the prompt rejoinder. At this both men drew their revolvers and fired. In the fracas both men were badly wounded. Olive was several years in recovering and Fream died a short time after. At the term of court following this event Olive was indicted, and at the next term of court was tried and acquitted. In 1876 Prentice Olive and his two brothers, Thomas and Ira, in early summer, were sleeping on the prairie outside their ranch, with two white men and two negroes, after a hard day's work branding some recently pur- chased cattle. About 1 o'clock their ranch was burned and the company fired upon. Thomas was fatally wounded, being struck in several places by buckshot. One of the negroes sustained some injuries also, but the remaining five were unhurt. They returned the fire at random, with what effect they never knew. This was the origin of their Texas troubles. Prior to this time they had had no serious difficulty except with the man Fream. But this was the beginning of a series of very unhappy events. Some parties headed by one Crow, an escaped convict, had been stealing cattle and occasioning consider- able trouble in the country, and the Olives were expecting further trouble 60 PIONEER HISTORY OF CUSTER COUNTY with them, but were taken unawares at this time. They immediately con- cluded that the party that attacked their ranch was headed by Crow. It afterwards transpired that a band known as the Smith party armed them- selves and gave it out that they feared the Olives. From this and other cir- cumstances the Olives concluded the Smith party had attacked them, but have never been fully convinced of the fact. The death of their brother roused a feeling of revenge, and Prentice and Robert both kept themselves on the watch for the murderers. One day Olive's residence was visited by two negroes on horseback, one named Donaldson and the other Banks. They had pistols strapped to their saddles, and as it was then against the law to carry weapons, his suspicion was excited. He went to the house, got his rifle, and placed himself between the negroes, who were at the well, and their ponies. They started for their horses, when Olive covered them and demanded a halt. They said they were hunting stolen horses, but had inquired of Mrs. Olive for her husband. Olive claims to have believed that they were sent there to take his life. The negroes did not heed his command that they should not go to their horses, which was repeated the third time. Finally J^anks made a spring for his horse, and Olive shot him dead. The other surrendered. Olive was tried within a month and acquitted. The next spring he came north to Cheyenne and the fall following settled at Plum Creek. Ira Olive is younger by ten years than his brother, Prentice, and also younger than the dead brother, Thomas. He was raised in Williamson county, Texas, since his birth, and has made cattle raising his occupation since his boyhood. He is the owner of a large herd of cattle alone, and in partnership with I. P. has other stock. At this time he has a herd of 1,000 horses north- ward bound. This gentleman has been more even tempered than his brothers, Print and Bob, and never had any shooting scrapes, and never had a lawsuit in his life. He is here attending the trial at present, and has brought his family north. They are at Plum Creek. Robert Olive, who was killed by Ketchum or Mitchell last winter in Cus- ter county, was twenty-four years old the very day of his death. He seems to have been the most reckless boy in the family. Rash, wrong-headed and dar- ing, but also generous and reliable as a business man and as a friend. He left Texas with two murders to his charge and was shortly indicted and a reward of |400 offered for his capture. He killed Cal Nutt in a saloon in No- vember or December about four years ago, Nutt and he had been drinking Together. After a time Robert stated that he must leave. As the two stood talking to each other Nutt fired at his companion, putting a ball through his vest, but not inflicting a wound. The fire was quickly returned, and Nutt fell back into the saloon dead, with two balls piercing his vitals, Nutt is supposed AND SHOKT SKETCHES OF EARLY DAYS IN NEBRASKA. 61 by the Olives to have been a member of the gang that killed Thomas, or was engaged by them to kill Robert, who had vowed vengeance upon the mur- derers of his brother. Six months prior to this he shot and killed a negro, who he claimed was stealing corn from his crib. He was not even bound over for this offense. After killing Nutt he left almost immediately for Cheyenne, where he as- sumed the name of Stevens and worked for a cattle man named Carny. It was his intention to go back and stand trial for those two crimes had he not been killed. The brothers, Ira and Prentice advised him to take the step he took, that of coming north under an assumed name. They did it rather than bear the expenses of the trial. The body of Robert was taken to the old home in Texas and interred in the Methodist church yard by the side of Thomas. The father and mother and three sisters have long been members of the Methodist church, and for years worshiped in this church. None of the boys have ever taken kindly to religion, however. The youngest Olive boy is about eighteen years old and is called Marion. He is now on his way from Texas with the herd of horses above referred to. Immediately after the sentence of Olive and Fisher their friends began proceedings for their release. The following year their efforts were successful, the Supreme Court handing down a decision to the effect that the prisoners had a right to trial in the county where the crime charged against them was committed. This not having been done, the prisoners were sent to Custer county for trial. Custer county had recently been organized from territory that had formerly been in two different judicial districts. The court held that the county was not now in any judicial district, and consequently the prisoners could not be tried before any district judge. This was the decision of two of the Supreme judges, but Judge Samuel Maxwell, the third member of the court, dissented from this view in what is said to be one of the ablest legal documents ever prepared in the Supreme Court of Nebraska. Under this decision the only court having jurisdiction over the case was the County Court. Accordingly Olive and Fisher were brought before Judge E. J. Boblits, but from some mysterious cause no complaining witnesses put in an appearance and the prisoners were discharged. The county judge's docket at that time was kept in an account book, and the court proceedings are mixed up with notes of sales and purchases of calves, steers and cows, together with memoranda of expenses for hay, barbed wire and other ranch requisites. The following, which we find on the same page with some items of expense incurred in the plastering of the judge's house shows the disposition that was made of the celebrated Olive case: 62 PIONEER HISTORY OF CUSTER COUNTY STATE OF NEBRASKA,] Custer County, ]ss. In County Court Before E, J. Roblits, Comity Judge. I. P. Olive, W. F. Fislier, in custody of Sheriff O'Brien, tlie court finding no complaint on county docket and no complaining witnesses, the court orders that the prisoners be discharged till further proceedings can be had. This 17th day of December, 1880. E. J. BOBLITS, County Judge. The decision of the Supreme Court of course put an end to the proceed- ings against the other defendants, but in the meantime most of them had been allowed to escape from the various jails in which they had been confined, and as far as we know Olive and Fisher were the only ones that ever had to do any time in the penitentiary for participating in the Mitchell and Ketchura tragedy. It is said by parties who claim to know the facts that from the day of his release from the penitentiary I. P. Olive was a marked man, and that he w^as followed from place to place by a man whose only object in life seemed to be the killing of his enemy. This man had also trained his son to hate the name of Olive, and as he grew up he shared with his father the hatred thus instilled into his mind. Olive also had a son about the same age as the son of the man who dogged his steps awaiting only a favorable opportunity to 'wreak vengeance. At last, four years after the release, I. P. Olive and his son, William, were in Colorado. One evening young Olive had a quarrel with a stranger over a game of billiards and was shot dead. The next day, while the elder Olive was participating in a round-up of some cattle, he got into a quarrel with a man disguised as a cowboy and was instantly killed while trying to draw his revolver. Thus ended the last act of a drama of blood which is unequaled in the annals of crime in the great west. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 63 Blajtng a ^^atfjiuay anti lE^^r^Dnal J. D. Strong. In every new undertaking in life, whether political, religious, or social reform, or the opening up of some new and untried commercial avenue, or settling and establishing homes in a new country, the most picturesque and interesting character is always the pioneer — the one who blazes the pathway. J. D. STRONG. It is said that England's people are divided into two classes— royalty, and the rest of the people. American history is made up of two classes — the pioneer and the rest of the people. The pioneer is in a class all by himself; he is the advance guard in every great enterprise; he is on the "firing line" in every contest; a stranger to defeat and upon intimate terms with victory, no matter how long deferred. In the settlement of America his ax awakened the first rude echoes of the woodman's craft in the primeval forests of the East and of the South. His rude bark first rode the waves of the great lakes, searched into their bays 64 PIONEEK HISTORY OF CUSTER COUNTY and inlets, and reared rude homes on their murmuring shores. His plow lirst turned the rich, black loam of the middle west, and made it yield supplies for the wants of many. His feet first left a white man's trail upon the arid '•^.-v-iifc Blazing a Pathway. sands of the "Great American Desert," and his courage and skill turned it into a "land of plenty." Undaunted and undismayed, he found his way through treacherous passes and over snow-clad summits of the Kockies, and at his magic touch they yielded up their precious metals. Cities, towns and railroads appeared in every valley, like the realization of some magician's dream. Thus from shore to shore of this mighty continent went the pioneers of civilization, the heroes of border strifes, the men and women who "blazed the pathway" for the actual settler, who followed to find a home and inde- pendence. It was in May, 1882, after the first pioneers had made a dim, shadowy trail, that I first found my way over the border into Custer county. I use' the word "found" properly, for it was an actual discovery of a most difficult way into the then promised land. In company with John M. Morrison I left the main road leading from Kearney to this upper country at a point in Buffalo county, in Pleasant valley, and went north through the hills, following a very dim trail which persisted in growing dimmer, and which, as darkness came on, disappeared altogether. Our hope was to reach McEndeffer's on the Muddy that night, AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 66 SO we pressed on, over lii<;li liills and down lon^. winding- canons, one of ns walking in front of the team to figure out tlie trail, and the otlier di'ivmg as directed by the gnide. A more gloomy and desolate prospect could hardly be imagined than that presented to ns as tlie shades of night began to come down over tlie brown prairie, tumbled and piled about in the most haphazard manner; high hills, long and terraced ridges, each line iseemiug higlier than the other, two "ten- derfeet" alone amidst all this waste, was enough to make one wish himself back to civilization again. After some hours — or ages, I can hardly tell which — we began to see cattle and horses on the range, which gave us hope. We soon struck a broader trail, made by the stock, leading to the ranch, and had less difficulty in keeping in the way. After a time I saw something just ahead of me in The darkness that I took for a post, a'nd believing we had come to a fence, I walked up to it and felt on both sides for the wires, but finding none, I put my hand on top of the supposed post and discovered to my dismay that it was a stovepipe, and still warm. By the time my investigations had resulted in this warm discovery, Mor- rison had driven the team up (juite close to me and demanded a reason for my stop. I explained the nature of my find, and suggested a careful backing up of the team for fear of a tumble through the roof, which would be likely to disturb the sleepers below. I had seen enough of "dugouts" to know that we had discovered one, but just how to get inside I did not yet know. After getting the team out of all possible danger, I started on a voyage of discovery. The problem of the lay of the dugout was soon solved to the satisfaction of all concerned. Of course it was dug out of a bank, but just where the bank ended and the house united with it I could not make out in the darkness; but I soon discovered that there was a s]iace of about four feet between the end of the dugout — which had a wall of logs at the end — and the bank which sloped towards the house. The way I discovered this opening was by the happy one of falling into it, and the way I gained admittance into the house was by rolling down the sloping bank and in at the window, and the way 1 aroused the household was by alighting on a promiscuous collection of tin- ware, which made noise enough to stampede a bunch of plow horses. From the time I had started across the hills with the intention of asking the hos])itality of Air. McEndeffer's roof and board for the night, it had been with misgivings, if not with fear, as it will be remembered that he had bwn in some measure connected with the Olives in their fight with Mitchell and Ivetchum. He was a cattleman, and his interests were not enhanced by the settlers. What were my feelings to find myself precipitated in this fashion 66 PIONEER HISTORY OF CUSTER COUNTY into his house and finding myself clawing and kicking around among the dish pans and milk pails, while a gruff voice was demanding: ''Who's there?" "Get out!" "Scat!" "Get a light!" "Get the gun!" and like exclamatory remarks, interspersed with more or less profanity and a chorus chiming in from other members of the family? Had the team fallen through the roof it would have raised no greater row^ than did my plunge through the window. But I finally extricated myself from the tinware, kettles and frying pans, and beat a hasty retreat under cover of the darkness and the excitement of the enemy out through the win- dow and around to the door, where I gave a loud rap, more in accord with C. D. Pellham. First Hotel and Store in Broken Bow. civilized ways, and when a light was procured and explanations made, and an inventory taken of the kitchen utensils to find what actual damage was done, we were made welcome, and as the ceremony of "breaking the ice" was not necessary after breaking my head and a milk crock, McEndeffer's cob pipe and several other articles of less importance, we were soon comfort- able and quite at home. The next day our journey was uneventful, and we put up for the night with C. D. Pelham at or near where the present city of Broken Bow stands. Pelham kept the postoffice and a small stock of groceries, and I might say the first hotel in Broken Bow\ We had often seen the puzzle of the innkeeper who could put thirteen men in twelve rooms, but Pelham could discount any such cheap John mathematical problems as that. He could easily stow away thirteen men in one small room. It is related of him on good authority that AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 67 he had a most ingenious way of making six blankets suffice for a (ln/.cn or more guests. When late arrivals were ready to retire they were tucked snugly away under a blanket that was deftly removed from some guest who had gone to bod earlier, and w'ho, being fast asleep, would never know the difference. Of course if the w'eather was very cold the uncovered sleepers were liable to wake up after a time and make a roar, but before this stage was reached the other fellow was sound asleep and the covering was re- stored to the original sleeper. By shifting the covering judiciously and sys- tematically during the night, Pelham always succeeded in keeping all of his guests as warm as a pie in the coldest winter weather, although in cases of a rush of business every one of them would be uncovered two-thirds or three- <]|uarters of the time. Soon after composing myself in my blankets in a comfortable manner, I felt a crawling, hopping, biting sensation that set all my nerves a-going. After turning from side to side a few times, and some feverish use of the mailed ends of the digits on both hands, I closed my eyes once more with an abiding faith in the ''sleep of the just," but it was not to be. With a good, healthy, active flea with a ravenous appetite and an insatiate desire for blood, perched on every square inch of your anatomy, how could it be? Under these circumstances justice and virtue could make no plea. After considering the case in the most philosophical manner of which I was capable, I con- cluded to take up my bed and walk^out into the ''stilly night," with the blue vault of heaven for a roof, and the glad stars to look down upon me and search out my virtuous soul — and register the wrongs inflicted upon me by the "madding crowd" I fondly hoped I had left behind me, but it was not to be. If the stars saw any wrongs to record, they have not made the record known, and in the meantime the fleas held undisputed possession of my blankets. I soon abandoned them and sought the top board of a pile of lumber and lay down to sleep while the fleas huddled up to one another in my abandoned bed clothes. This, gentle reader, was my first experience with fleas. I had to learn that the flea w'as the aborigine of this new country, and that he was on the warpath, that he was a common nuisance, and an enemy of the settler. I had (0 learn that he would spill alike the blood of high and low degree, that he would bring to naught the pride of the haughty, vex the soul of the virtuous and cause to swear the pious. He w^as that common danger which brought all men — and, I might say, women also, as he was neither respector of persons nor of gender — to a common level. He annihilated caste and class distinction, and brought all down to the industrious plane of himself, for all had to scratch, and scratch we did, whether in the seclusion of our own private 68 PIONEER HISTORY OF CUSTER COUNTY apartments, or in the brilliantly lifjhted room where vonth and beanty had met, or in the pew or pnlpit at church. All had to scratch, and it was not considered impolite to scratch any particular part of yonr anatomy that hap- ])ened to be bitten. My only excuse for makinf; sncli an extended reference to this most amusing little pest is the fact that no true history of Custer county could be written without fiivinj; him some notice. To the early settler he was all and much more than I have made him; but, like the aborfjines of other countries, he has departed with the conditions that made this his natural home. The next morning we started for Merna, and at noon of that day we stood upon a hill that overlooked the beautiful valley that was to be our future home. Merna, at that time, consisted of one small sod house, with an annex of one room. The sod house was filled with sundry articles of merchandise, such as tobacco, soap, codfish, buttons and thread. A cubby hole in the wall served as the postoffice, and was kept by W. G. Brotherton. The annex was occupied by Mr. Brotherton and his wife as a living room, and was presided over by Lizzie, whose chief business seemed to be looking after the wants of new arrivals and making them comfortable and happy. One-half mile north of Brotherton's store, and the site of the future h'vely little railroad town of Merna, we struck our tent on claims previously hought of Samuel X. Dunning and Floyd Field. Mr. Dunning had located farther north, on the Dismal river, going into the cattle business. When the B. & M. railroad was extended through the Black Hills, a town was located near his home and given the name of Dunning, which perpetuates the name of one of Custer county's pioneers. Floyd Field also located on the Dismal river, or on the Loup, I have forgotten wiiich, and from a modest beginning in the cattle industry, he and his brother, Fred, have grown into two of the wealthiest ranch owners in this part of the state. I might state also, in this connection, that the postoffice of Merna was first kept by Mr. Dunning, and the name of Merna was that of his youngest daughter. After the railroad had been built, and the town finally and for all time located by the Lincoln Townsite Company, it was quite natural that the infantile city, struggling for life and metropolitan honors, should be given the name of the oiiginal postoffice, so that Merna became a fixed geographical landmark. It will now be my duty, as a writer of chronological events connected with Merna and its immediate' vicinity, to give the reader a brief and concise historical narrative of its fortunes, from its humble beginning to its present prosperous and hajjpy condition. First, let us note some of the "blazes" along the ])athway we have fol- AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 69 lowed, and the siuns that iti-oclaiiiicd in nnniistakablc lanp;uaj;o that the pio- neer had prec(Mled ns, and that the inllnence of civilization was already find ing its way into the wilderness, foretelling' the rise of cities and towns and l»rosperons eonininnities. with railroads, ehni-ches. schools, libraries, societies and all that goes to make np conunercial, social and religions life. One of the first way marks that I enconntei-ed, nj>on entering Cnster connty. was fonnd in a very interesting character, and a i)ione«'r who lias left his mark npou the historical annals of the county. Major C. S. Ellison of Algernon. Major Ellison was the first chip, on the first tree, that pointed with nnerring finger to the exact spot where the future flourishing city of Algernon would be built, and the name of Algernon would be forever kept gi'een in the memory of future generations the name of the major's favorite son in Nebraska politics. Hx his tact, energy and a firm faith in the future, the major did succeed in building up een widened under the management of his son, L. W. Wilson, until now they buy grain at three points in the county. The Merna bank was launched on its financial career by D. E. Johnson, ,ho managed it one or two years, when he sold his interest to John Bair and 72 PIONEER HISTORY OF CUSTER COUNTY Mae Johnson. That the institution has hccn a success is attested by that invisible something that always surrounds its popular cashier, and seem to say that prosperity is with him. In the early days Casteel and (lulick conducted a grocery store, Marshall Eddy handled farm implements, and J. J. Stanford advertised flour and cofltins for sale, apparently not seeing any incongruity in his business. Whether John expected his customers to nse the coffins soon after using his ilonr, or whether the coffins were the necessary suggestion from the (piality of the flour, he has never yet explained. The meat market was an uncertain (piantity for a number of years, but after a fitful season of meat or no meat, or who's got the meat? ''Butch" (George) Davidson iook hold of the meat market. That George has been suc- cessful is evident from his rotund appearance, which suggests hamburger steak for dinner every day. The hardware and implement business is represented by Kelly and Dun- can and Tim ^Nlarooney, farm implements alone by R. J. Kelly, lumber by Dierks Lumber and Coal Company, grain, flour, feed and live stock by N. Jaquot and Wilson Bros. Mr. Ja(]uot is one of the pioneers, and has been closely identified with the business interests of Merna, owns and conducts two grain elevators in the ccamty and has large land and cattle interests. Lee Gordon conducts the Merna hotel, and Peter Forney the livery and feed stable. Leo is a Blacksmith, and Ed Brown runs a similar business in another part of the town. J. Francis has Stanford's old stand, and while he still sells coffins, has discontinued the sale of flour and got L^ncle Sam to let him keep the post- office, where he can hand out the deadly dun instead of dispensing dyspepsia- promoting high patent. F. D. Atkisson ("Crank") conducts a large general merchandise store. Mrs. Barrett a department store, wiiile Ben Wells hangs gracefully over the chair of a tonsqrial artist when not engaged in repairing a broken finger ring or dissecting a ticker. Dr. Dow^ning attends to all the ills and ailments of the community, and listens with the same measure of personal interest to a long tale of suffering liver complaint that he manifests on receiving a fee from one of his delin- quents. Nine McC'onias conducts the drug store, and is just as happy in setting up the cigars to his many friends as he is in selling a box of liver pills. J. J. Stanford is still in business, but contents himself by furnishing sup plies only to the living through the agency of a general merchandise store. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 73 John Meiiai y conducts a fnll-jifown lianicss slioj), w hen nut engaged in a sur- gical operation ui)on some forlcn-n and crip])led bicycle. Mr. Jayne is the present accommodating agent of the B. & M. railway, and L. W. ^N'ilson rep- resents the interests of the Lincoln Land and Townsite Company. We have noticed somcwlial in detail the material growth of Merna. but material growth in a community were hut indifferent success, if not accompa- nied by a corresponding growtli in mental, moral and religious activity, as well its a perfected i)olitical system that insures ])ersonal and public safety. All these have developed and kept time and marched in perfect harmony with the material growth of tlie town and surrounding country. The Merna school district was formed soon after the first settlement, and a sod building was erected on the claim of Andy Sommers, the work being donated by public-spirited citizens. I think the first teacher was a Misss Mendel, afterwards Fannie Reeder. Miss Ella Purcell and others contributed to the i)ioneer work of "teaching the young idea how to shoot." That educa- tional spirit has given Merna a splendid graded school, housed in a substan- tial two-story frame school building, with a corps of teachers second to none in the county. If it wfre more difficult to sprout the moral and religious seed in the new settlements, it made no less vigorous growth when once the embryofic Tree was above ground and receiving the sunlight of religious truth. In the early days the moral and religious equilibrium of the community were main- tained by the heroic efforts of our pioneer preacher. Elder F. M. (Iraham. l'"'roin an arbor made of plum brush and sunflowers in front of Brotherton's old store, where Elder Graham first preached to us, to two neat and com- modious church buildings where services are maintained fifty-two weeks in the year, is the outward manifestation of the inward development of the moral and religious forces of the town and community. * * * \Ve coiUd iiaul a load from Kearney for our merchants, and thus *'arn something to live on. The experiences of these trips were varied, sometinu's disastrous, as when we broke an axle or a wheel; sometimes sad, as when some poor settler saw one horse of his team die on the road; sometinu^s gay and pleasant, and (•ften ludicrous. T recall one incident of the latter character that happened to me on one of these trips. For the benefit of the uninitiated, I must begin by saying that the "chuck box" was a most necessary and important part of the freight- er's outfit. To be without your "chuck box" meant to be without your living, v^topping places there were on the road, but they provided you only with a fire to warm your chuck, and a soft spot on a dirt floor upon which to spread vour blankets. What would some good housewife of the East think if, upon 74 PIONEER HISTORY OF CUSTER (BOUNTY making her appearance in the kitchen in the morning, she should find a half dozen or more of strange, rough, bewhiskered men using her stove and munch- ing their "chuck" on her table with as much unconcern as if they owned the place? Yet this was the way we did, and the lady of the house waited with what patience she could for us to clear out before she attempted to prepare the morning meal for her own family. Store Building of J. D. Stratton, at Simeon P. O., Cherry County, Xeb. containing $2,000 in goods when photo was taken. But the inconvenience was not always confined to the family with whom we stopped. The freighter sometimes had his annoyances also. I remember one trip I made in midwinter with the mercury down below zero by several long marks. One day we failed to make our stopping place through the cold and snow until a very late hour. We ate a cold bite and rolled in our blan- kets for the night. We were up early in the morning, got a fire agoing in the kitchen stove and were busily engaged in thawing out our chuck, which was frozen as hard as a stone. I had placed a loaf of bread in the oven to thaw, and had my coffee made when one of the young ladies of the family appeared, pulled a chair up to the opposite side of the stove, opened the oven door, and deliberately planted her bare feet on my bread to warm them. However, I did not notice the humiliating — or shall I say honored? — position of my loaf until my traveling companion came in from attending to our horses, and we sat down to our chuck box to eat our breakfast. Then with innocent confi- dence I reached into the oven for my loaf, and grasped a set of warm, fat toes. I got a glimpse of that foot as it rested on my bread. It was a fat foot with short, fat, pink toes. I could have forgiven the annoyance had the foot A\D SHORT SKETCHES OF EABLY DAYS IX NEBRASKA. 75 been an ontline of grace and beauty, but to be held up for my breakfast by a fat foot with chubby pink toes, was too commonpL^ce, so I politely demanded its surrender. Of course the young lady was surprised beyond measure. She had taken my loaf of bread for a brick — and ^m sure I took her for another. But these early hardships were not all the early settlers were called upon to endure. The building of the railroad put an end to the freighting, but by That time farms had been broken out, and the road was as much a necessity to carry out the surplus produce as to bring in the supplies needful. In 181)0 came the first failure of corn, with but a light crop of wheat, and four years later, in 1894, that awful year that burned everything to a crisp and left nothing but desolation to confront the despairing settlers. The "starying time" at Jamestown experienced by the early settlers of Virginia was no parallel to the starving time of all western Nebraska. Coming at a time when the wiiole country was prostrated by a financial panic that placed in doubt the tenure of every man's worldly possessions, served to intensify the hardships and sufferings of these heroic people. Many of the reports that went out were exaggerated and untrustworthy, but the plain truth was bad enough. The suffering from actual want at that time was not by any means the real hardship experienced, but what the failure entailed in discouraging the business of the country, and the consequent poverty, that took years to overcome. During the past two years, the erection of new houses, barns, and out- buildings in the country and towns, and the easier financial condition of the people in general, indicate that the poverty entailed by that black time, has been largely overcome, and an era of prosperity aw^aits those w^ho have thus far blazed the way through many difficulties, until the purple fruits, and the milk and honey of the promised land, are awaiting the claimants of the glorious reward. Among my personal experiences and recollections might be given an in- cident that occurred during the summer of 1882. Like a great many other settlers who came in the early days, when I had paid the "filing" fee on my land I had nothing left. One of the first essentials in opening up a new farm is a team. As an excuse for such a perquisite I purchased a pair of very wild and willful bron- chos of E. Taylor, who ran a ranch at the mouth of the Dismal river. While I bought the ponies without money, it was not altogether without price, and I think I could have wrapped them up in the great legal-looking document that I was called upon to execute before I came in possession of the beasts. I think ''Lish" filed it somewhere in a "blowout," it is doubtful whether he could have found the countv clerk's office at that time. However, it had the 76 PIONEER HISTORY OF CUSTER COUNTY -^enny ant*'." The men at the ranch were a little rough at times. perhai)s, but withal a good-hearted, jolly lot, ready at all times for any fun, particularly if there was any hazard in it. T'pon (me occasion when two men came up near the ranch to do some bi'eaking where a tree claim had been located, there was a saddling of horses, lilling of Winchester magazines, and ten or a dozen shadowy forms rode off In the darkness and the next morning nothing was seen of the party that AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 77 (uiue 1(> «1(> the breaking. I heard afterwards that several gentlemen called on the would be farmers, helped them to hitch up their horses and actually went a long way with them to prevent the savage men and beasts of the plains from hurting them. One day a young man came over from Cole's horse ranch and informed us that an old man who had been working for them had died, and in justice io him they intended to bury him with the honors pertaining to civilized burials, including a funeral oration, to be delivered by David Cole. The young man further announced that as a preacher was an unknown quantity in that region, the only spiritual medium left them would be found in a two-gallon jug at the ranch, whose services would be demanded on this occa- sion. After these elaborate preparations had been made by the Coles and their men, it was not like these cowmen to plead any excuse for being absent from a function that would not only honor the dead but amuse and entertain the living. Xow the house on the Cole ranch was not an imposing piece of archi- tecture, neither was it elaborate for its housekeeping appointments; one small room, a diminutive cook stove, a long-handled frying pan, a few pots and kettles, tin plates and sleeping room on the floor, or bunks nailed to the side of the room, a box that served the double pm^pose of a dining table and a convenience for playing cards, just about comprised the "outfit." It will readily be seen that those who had the funeral preparations in charge would meet a difficulty in these cramped quarters to carry on the ordinary affairs of the house in caring for a half dozen live cowboys, to say nothing of one dead one. The difficulty came to the point of solution when the time arrived for rolling blankets and sleep. Here were six stalwart sons of the plain who feared no man living, but not one would sleep with — as they termed it — ''his giblets the corpse." Finally the problem was solved in a characteristic way by standing the corpse up in a corner and opening the door, which, when open, swung back across this corner and completely hid it from view. Therefore when the boys assembled the next* day from the neighboring ranches to participate in the ceremonies the evidence of a funeral was not in a corpse present on a stretcher, but rather in the two-gallon jug on the table. Believing the story of the funeral to be a hoax to get the boys together for a big time, in which the jug was to play a prominent part, one of the visitors offered to bet a "ten" that no corpse could be shown. Of course the bet was taken and an Irishman belonging to the Cole ranch who bore the expressive name of "Reddy," closed the door and revealed the corpse stand- ing in the corner. The evidence was prompt and convincing and the "ten" was paid over on the spot. 1 1 ^^^1 1 i i * •0' J 1 sw i m M ' ] ^ 1 B * ^^^H 1 ^ HH 1 J 1 ■ 1 ^^r^ > m OH a o AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 79 It will not be necessary to j^ive iu detail all that occurred before the old man was finally laid in a new-made grave, but with the material at hand it will be easy for the reader to complete it by a draft on his imagination. The oration of Hon. Dave Cole is said to have been a masterpiece of "liquid" elo- quence. Each rounded period was punctuated by a direct reference to the jug, and a gurgling sound came from the receptacle of the spirits, which gave evidence that his appreciative audience was drinking it — that is, both the eloquence and the spirits. This was more than Dave could stand. He was willing for them to drink in his eloquence, but he drew the line at the jug. The old man was finally laid in his grave, with a bottle on one side con- taining his share of the contents of the jug, and one on the other side con- taining a slip of paper on which was written the man's real name and the place of his former home. He had revealed both his name and his former address just before he died. He had evidently been hiding on account of some crime committed somewhere. The bottle containing his name is prob- ably with him yet, but the bottle containing the spirits was dug up before the next morning by the boys in order to relieve a distressing thirst occa- sioned by the supply in the jug running short, as confessed by one of them afterwards. These wild roysterers of the prairie concluded that the day could not be better ended than by having a little amusement at the expense of some living man. "Eeddy" was the shining mark that attracted universal attention. It was well known that "Reddy" was not afraid of any man that was alive, and that he was a dangerous customer to "monkey with," but it was equally well known that he feared a ghost to the point of frenzy when his superstitious fears were aroused. A game of penny ante was started and "Reddy" and some more of the boys engaged in cards while the rest were hatching up a plot that was to be the undoing of the Irishman and fun for the boys. It was settled that as Dave Cole had acquitted himself with such credit as an orator, that he would do equally well in impersonating the ghost of the old man, and at the appointed time he was to take his place on the sand knoll by the grave, dressed in something white, that would seem to be in keeping with the accepted idea of ghostly raiment. As the shades of evening began to steal down over the sand hills, one of the boys proposed a rest from the game for a time, while they either sang songs or told stories. "Reddy," being a singer, favored singing, but the rest, being in the plot, were in favor of story-telling, and some one was designated to begin, the first story proving to be a most gruesome tale of a ghost. The subject of ghosts being introduced, it was quite natural that each in turn should tell a ghost story also, and at the same time make it 80 PIONEER HISTORY OF CUSTER COUNTY more horrifvinji' than the one that preceded it. Had a collection of these tales been kept and published, I am of the opinion that it would have made one of the most unique books ever placed on the market, and a classic in fjjhost lore. As the darkness became more intense, and the stories more blood- curdling, "Reddy's" flaming shock of hair seemed to stand on end, his mouth was wide open, and his eyes found no resting place, but searched out every dark corner with evident fear. It soon became apparent that "Reddy'' was in "tone," and that his hour had arrived. Dave, feeling a little fear of "Reddy's" quick and accurate aim with his six shooter, thought best to put a question to him before retiring to do the ghost act, so he said: "Reddy, what would you do if you saw a ghost?'' "Do?" said Reddy, "I would plug at it six toimes wid me gun as fast as I knew hoAv." "Now," said Dave, "let me give you a little advice. Don't you ever draw a gun on a ghost. I knew a fellow out west that undertook to do that, and when he threw up his gun to shoot his arm withered in a second, and he never got over it." While this grave statement of Dave's might have protected him, yet it is a fact that the boys, on some pretext, managed to get Reddy's gun away from him before the ghost appeared. When everything was in readiness and Dave had taken up his position at the grave, tvhich w^as but a short distance from the house, the boys began to step out one by one, and finally Reddy himself. At the moment he passed out of the door Reddy did the natural thing for him to do, that is, to look up toward the grave. Dave was just showing up as a white spot. He had covered himself with a wagon sheet, and had a ten-foot pole in his hand. The white spectre began gradually to rise, grow- ing slowly in height until it reached its full length. It then seemed to bend toward the spectators, making a motion as if reaching for them. This was too much for Reddy. He stood as if frozen to the ground with pure horror, his mouth open, his knees knocking together, his eyes bursting from their sockets, his hair on end, and his whole being distracted until he w-as a sight to be pitied even by his tormentors. But when the supposed ghost appeared to be about to pick him up, the chains of fear that held him were broken, and Reddy bolted. His red head appeared like a dying meteor as it shot with incredible swiftness out into the darkness, and long after the pyro- technics afforded by his flaming top knot had passed from sight, Reddy's feet could be heard pounding the sand hills in a flight so ludicrous that the rest of the boys fairly yelled with uncontrolled delight. Perhaps to the refined tastes of the reader these men may seem like the most heartless and depraved wretches, but in spite of their actions of that day and night the reverse is true. They were a lot of the biggest-hearted fellows one would find in a vear's travel. No one in misfortune could have AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 81 appealed to them for help in vain. Bill Cole, the manager of this ranch, was one of those big-hearted fellows who, if he had but one crust, the man with none could share it with him as long as it lasted, and no questions asked about his pedigree or habits. A number of them were known to me and they were all of this type. They had taken this old man in and cared for him, not because they needed him, but because he needed them. They had done everything they could for him while he was alive, and when he was dead and beyond their power to aid, the funeral served as an outlet for their over- flowing spirits. Neither would they use Reddy's superstitious fears to do him any real injury, for when he did not immediately return each man sad- dled a horse and all preparations were made for a search through the hills, when the}' heard the heavy footfalls that announced Reddy's race in. Reddy said he remembered nothing after his bolt from the ghost until he came to liimself a mile or so from the ranch. Then when he realized where he was, frightened more than ever, he returned to the ranch Avith no less celerity than he had left it. These are the facts, as I got them from one who was there. 3b00 ®antiy'0 Kemint^cntcBS of (Early I^ays In the fall of 1876, in company with Charles Penn, I left York, Nebraska, and came up into Custer county on a hunt. We arrived after dark at Mr. Murphy's place on Clear creek. On our approach the dogs began a violent barking, and suddenly the lights Avent out. We thought rather strange at this, but proceeded to knock on the door several times before we received any response. Finally a childish voice rang out on the night air with a determined and rather angry accent: "Who are you and Avhat do you want?" "We are hunters, and wish to stay all night." ''That's too thin. LeaA'e or I will shoot through the door." "Say, Sis, where is your pa?" "That's no concern of yours. Leave or I'll shoot." We thought discretion the better part of valor, and got out of range of the door, and finally convinced the two plucky little girls within, who were only about ten and fourteen years old, that w^e were friends. They had heard 82 PIONEER HISTORY OF CUSTER COUNTY the dogs bark and took us for Indians or horse thieves, and had turned out the light, got the gun and proceeded to "hold the fort." We learned that Mr. Murph}' and his wife had not yet returned from a cedar canon near by, where they were loading cedar to take to Grand Island the following da v. JESS GANDY MRS. JESS GANDY There could be quite a romance written about this family. Mr. Murphy had a few cattle and the two children had to do the herding and have had to subsist for three weeks at a time on a small grass nut which they dug while herding their cattle. But to return to our story: Mr. Murphy and his wife came in presently and we were hospitably entertained and next morning directed to Mr. McEndeffer's place, Mr. Murphy's closest neighbor, on the Muddy, about ten miles in a southwesterly direction. We had only proceeded a short distance when we sighted a band of elk, and everything else was forgotten in the exciting chase which ensued. We found ourselves at night over twenty miles out of our course, and in the midst of a genuine Nebraska blizzard. W^e selected a sheltered place on the banks of the Muddy, where we could obtain fuel, and camped until morning. We lost sight of the elk the previous evening among the hills, not having been able to get a single shot at them under 700 yards. In the morning it was still storming and we retraced our steps and arrived at McEndeffer's the following evening. We hunted with Mr. McEn- deffer about a week, and had splendid success, having killed several deer. I AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA 83 will say Charley Penn is the only inau 1 evei- saw who euuld shuuL quicker than I can. While on this trip we camped all night in an old deserted sod house and found a large heap of tumble weeds and tickle grass blown up into one corner of the room. Being very tired, we did not stop to investigate what might be hidden under this immense stack of debris, but proceeded to spread our tarpaulins on it and make our bed. After a little Charley was snoring away at the rate of about three knots an hour. I felt our bed move, but thought it must be my imagination. After a little the movements beneath became so violent there could be no mistake that there was something underneath our bed. I remembered when a boy of hearing that circumstances sometimes make strange bedfellows, and I thought we "had "em sure." I nudged Charley quietly and whispered: ^'Charley, there's something under our bed." But I might just as well have talked to the sod walls. He kept right on sawing wood. The rolling and tumbling motion continued with still greater violence every minute, until we were beginning to get seasick. I got desperate, and, springing up in bed, fairly shouted in Charley's ear: ''Charley, there's something alive under our bed," and Charley came back from dreamland with a snort and puff just as we began slowly sinking toward the ground and the heaving and surging motion ceased. Looking out towards the door we saw a long procession of little dark- looking objects with white stripes on their backs, filing out of the door, and we then realized that we had been sleeping on top of a family of skunks which had taken up their winter quarters in the place. Once during the isummer of 1881, while Jess still lived near West Union, he and his wife were out gathering wild fruit. Jess was a short distance from the wagon. He heard a shot, and rushing out, found his wife had shot a four-pronged buck. But he proved to be only stunned. What was to be done must be done quickly, as the buck was liable to jump up and get away at a second's notice. The suddenness of the thing rather rattled Jess. He had no more ammunition, and not even a jack knife to cut his throat. He was indeed in a dilemma. A dozen different plans Hashed through his mind in a few seconds as to the best way to kiU the buck, and he saw with alarm that he showed signs of coming to his right mind. He was so excited he forgot he could take off his neckyoke and dispatch him, but what he did do was about as funny as Judge Kilgore is said to have done in the winter of '80. The judge packed water two miles for several weeks through two feet of snow, till some one suggested that snow, when melted, made water. But we left Jess with the buck showing signs of returning life. All at once a bright idea 84 PIONEER HISTORY OF CUSTER COUNTY occurred to him, and quick as a flash he had acted on it, and had dumped Mr. Buck into the wagon and tied him with his halter ropes. Then, sitting astride his head and neck, yelled, ''Let 'em go," and Mrs. Gandy did "let 'em go," for Jarvis Kimes' farm, a distance of half a mile east across the prairie. They had gone but a short distance when the buck came to his senses, and finding Jess astride of him, a struggle for life ensued between the two. It was just about an equal match, and for some time it was a matter of doubt which would come out on top. The buck had free use of his hind legs and when he brought them down on the sides of the wagon box it looked as if he would soon kick the wagon to pieces. The noise frightened the ponies and away they flew, up hill and down hiU, over the rough ground, Mrs. Gandy holding them straight ahead and letting them go. The sharp feet of the deer tore Jess' clothing into ribbons and bruised his body fearfully. He had a veritable white elephant on his hands, and when the ponies dashed up to the door of Mr. Kimes he was about exhausted, and panting and gasping for breath, his face flushed and the perspiration rolling down his face in big drops. He was only too glad to get some assistance to dispatch the buck. In September, 1881, Mr, Gandy was making hay with a neighbor, Mr, Lyle, three miles west of the river, coming home only on Saturday nights, Mrs, Gandy being left at home to look after the cattle. One Saturday evening a man came to the house and got his supper, telling Mrs. Gandy that he had eaten nothing for two days. He was a pitiful looking object. He had a blanket rolled up on his back and carried a pair of shoes in his hand, his feet being so swollen that he could not wear them. After he had eaten his supper he requested of Mrs. Gandy the privilege of staying all night. She told him that she was alone and that he would have to seek accommodation elsewhere. As he had come down the river in a boat, and there was a settlement at West Union, two miles further on, he started off and Mrs. Gandy got her pony and proceeded to round up her cattle. She returned, attended to her milking and other duties, and went to the house, it being by this time quite dark. When she entered the house what was her consternation to discover the stranger sitting upright in bed, with two huge revolvers lying by his side and a number of papers scattered about him. When she came in he remarked to her that he was maldng himself at home. She replied: "I should think you are," and left the room. As it was Saturday night, she knew that Jess would be home about 11 o'clock, so she took her horse and started for Mr. Lyle's, meeting her husband on the way. When they returned to the house they found the man still sitting up in the bed, groaning with the pain in his swollen limbs. He begged to be allowed to remain so piteously that they had not the heart to turn him out, and he was allowed to remain until morn- AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 85 ing, although they suspected that he was a criminal. The supposition proved to be correct, as it was afterwards learned that he had robbed a postofiQce at Stem's ranch. A funny incident is related of the experience of Jess in trying to ride a buffalo. He had made his boast that he was going to ride the first buffalo he saw. Shortly after that, while out hunting one day, he came across four or five of the beasts. He fired at short range and shot an old bull through the lungs, which dropped down on his haunches and dropped its head, the blood coming out of its nostrils. Jess thought this would be an excellent opportu- nity to mount and to make good his boast. He succeeded in getting on the back of the dying buffalo, but soon found that he had mounted a very lively corpse, as the old fellow came to his feet with a bound and started off at a rapid pace. Dave Hickman, who was an eye witness of the performance, declares that at the second jump of the scared buffalo Jess was thrown about fifteen feet into the air. He came down on his feet and lost no time in making for a tree about a hundred yards distant, into which he climbed, while the buffalo was flying in the opposite direction. >unftng BxifalD nu fl;c (ilr^af J^Iains. A. S. Burgher. I have just been reading a communication from Dr. Carver. I knew Carver quite well and was at his place in 1873-4-5. I was a buffalo hunter and trapper. Carver hunted altogether on horseback, but the regular buffalo hunters, or hide hunters, as they were sometimes called, killed their game by what we called the still hunt — that is, on foot. I alw^ays aimed to get within three or four hundred yards of the herds, and by firing a few times with my long range Sharp's rifie, break the backs of two or three of the old cows that were leaders. As they crawled around on their front feet the other buffalos would gather about them in alarm and curiosity, which enabled us to approach a little closer, getting what the hunters called a ''stand." I have frequently killed as many as forty buffalo at one stand, usually firing about three shots for each hide. This was considered good work. Sometimes we had to take to our heels, as many wounded buffalo would be on all sides, and they were very dangerous. We called them "spike bulls." We always 86 PIONEER HISTORY OF CUSTER COTNTY Passing Away. aimed to kill all the bulls, as their hides were worth a dollar more than those of the cows, the average value of a bull hide in 1875 being $2,15. Forty bull hides made a good load. It cost us seven cents for ammunition every shot we fired, and when I say that I kept an account until I had used $2,200 worth of ammunition in killing 5,000 buffalo and other game, my readers may be incredulous. J. N. Dubois, a prominent hide buyer of Kansas City, told me at Buffalo, on the Kansas Pacific railroad, in 1874, that during ten months of that year 18,000 hides per day were marketed, with 500 outfits in the field, making thirty-six buffalo killed per day by each outfit. Carver is right. Had we foreseen how rapidly the buffalo would be exterminated and how valuable their hides would soon become, we might have made our fortunes. The car- casses that were left rotting on the plains by the millions might also have been utilized. There were a few meat-drying concerns, but they did not appear to be a success. All kinds of men were in the buffalo hunting business, some for profit and others for sport. Wash Reasoner, a Kansas senator, was quite a sport in that line, while preachers, lawyers, roughs and toughs all met on a com- AND SHORT SKETCHES OP EARLY DAYS IN NEBRASKA. 87 raon level to slaughter these noble animals. I have seen General Phil Sher- idan forsake the company of aristocratic military attaches to share a meal of buffalo tongue and brains with Miller and Lamb's hunting outfit. Peak and Campbell were the largest outfit on the plains, working from thirty-five to forty men. "The Slaughter Pen," taking its name from the great number of buffalo killed in that vicinity, on the Arkansas river, was the center of the range. There were comparatively few hides sold along the line of the Union Pacific railway, although vast herds existed in the Platte valley long after the build- ing of that road. The Grand Duke Alexis of Eussia, accompanied by a party of American officers and others, spent a short time south of the Platte river, a part of the time engaged in buffalo hunting. About the same time Dr. Carver, Buffalo Bill and assistants were trying to catch live buffalo to be shipped to a man at Niagara Falls. They finally succeeded in getting one old bull across the Platte river, after which they gave up the job. One would hardly believe at this day that no longer ago than 1874 there were countless thousands of buffalo roaming over the valley of the Republican river. Their tramp shook the earth like the tread of a vast army, and in crossing the river they made a continuous roar mingled with a low rumbling *'m-o-o," that sounded like an approaching storm of the early Nebraska type. The professional buffalo hunter was a peculiar being, and had some char- acteristics that distinguished him from all the rest of the world. When talk- ing to you he would invariably be scratching his leg with one hand and rub- bing his side with the other elbow, as if by perpetual motion he could keep quiet what he called "buffalo mange," or, in other words, "line backs." Dur- ing this operation he would be telling you how, that morning, he had run onto a herd of buffalo, killed forty of them, slipped up to an old bull and cut his hamstrings, etc. There were certain established rules governing buffalo hunting which were lived up to by common consent, and were never violated by a regular buffalo hunter. For instance, if an outfit was camped upon the head of some stream, another outfit would never camp above it, even if it had to procure water by digging in the ground, for in so doing it would interfere with the buffalo coming into the water. When camped along a stream the outfits always took care to be at least a mile apart. When the buffalo came north of the Kansas Pacific railroad it would be some time before the hunters would follow. Everything would be quiet along the Republican, the Sapa, Red Willow, Chief creek and other streams, and the intermediate country would soon be black with the immense herds. Some still morning the decisive report of a Sharp's or a Remington would be heard, flONEER HISTORY OF CUSTER COUNT Powell Canon. and by noon there would be a continuous fusillade up and down the various streams. By night the adjoining hills would be dotted with hundreds of buffalo carcasses glistening in the setting sun, robbed of their hides by the army of western civilizers. Each outfit had its hunter for each day. He mounted his horse in the morning and started out, the balance of the camp waiting until they heard him firing, then with a wagon the skinners followed the sound of the gun. They became so expert in recognizing the reports of the rifles of the different hunters that they always knew just where their particular hunter was working. When the hides had been hauled into the camp they were stacked up and the outfit put in their time loading shells for the next day's hunt. At one time a party of Utes came near our camp on a hunting trip and some of the young bucks tried to stampede our horses, of which we had six. Failing to scare them otherwise, they began firing arrows at them. We did not propose to put up with this impudence, so we got out and prepared to AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 89 defend ourselves. One of our party, being a little hasty, was on the point of firing on the Utes, when George Washington, an old chief, rode up and ordered them away, thus averting what might have been serious trouble. Near the same time Sitting Bull, who had secured a permit from the govern- ment, came down to hunt, accompanied by about a hundred young Sioux. South of Julesburg the young Indians came across a hunter's camp with only one man in it. They pounded him with their bows until he thought he would be killed and then proceeded to cut his furs into pieces. The hunter backed into his dugout and got his ''big fifty" and w^as about to string a dozen or so of his tormentors on a bullet, when up comes Sitting Bull. He went after the bucks with his bow, cracking their heads right and left, and killing two of them with his revolver. He subsequently made the young men kill and bring to the hunter the same number of hides they had destroyed, besides giving him two horses. The name of the hunter referred to above was McGuire. He was after- wards murdered on the Frenchman creek, fifty miles southeast of Julesburg, by a man named Dodge, who had followed him from Arkansas. Dodge was arrested and tried and found guilty. His attorneys made a motion for a new- trial and Dodge was kept in the jail at Nebraska City. It is said that while Dodge was in jail there that a brother of McGuire secured a position as watch- man at the jail, where he killed Dodge one night, claiming that the prisoner was trying to escape. There were comparatively few cases of this kind on the range, and none by regular buffalo hunters. Sometimes hide thieves followed us and took skins that had been piled up while the hunters were following the herd. These fellows frequently met with disaster by the unexpected return of the owners of the hides. Nearly all of the carousing done around gambling holes on the frontier and laid to buffalo hunters was done by sharks and thieves who followed in the wake of the regular and orderly buffalo hunter. The Indians made considerable trouble for some of the buffalo hunters, although our outfit fared very well in that respect. Upon one occasion my two brothers and myself w-ere trapping on Indian creek, when a party of seventy-five Sioux passed through and struck our camp. They made me cook dinner for them, and while I was at work a number of them danced around me with their arrows drawn tightly and pointed toward me in a manner that made me exceedingly nervous. They ate everything in sight, and you may believe we felt thankful that they let us off even thus easy. An Indian by the name of Big Blue used to come up on the head of the Republican river To hunt, and in 1872 three intermediate Sioux chiefs came to his camp. A trapper known as Nebraska Wild Bill, and his partner, killed the three Sioux, 00 PIONEER HISTORY OF CUSTER COUNTY Indian Camp. Whistler, chief of the cut-off band of the Ogalallas, Fat Badger and Stinking Hand. This outrage was committed in the fall. The winter following my brothers and myself trapped on the Stinking Water, and the Whistler band was near us all winter, but they never molested us. They knew who killed the chiefs, and Nebraska Wild Bill never dared come up on the Republican after that. Hank Clifford, a trader, John R. King, myself and brothers, were about the first settlers of what is now Red Willow county. Bang was an old soldier of the regular army, and a better shot with a needle gun would be hard to find. He professed great friendship for the Sioux, but they attacked him on Pumpkin creek upon one occasion and got the worst of it. He after- wards told me he had killed thirteen of them, and I do not doubt it. They crippled him for life, and his finger nails were worn off until they bled, dig- ging into a bank for protection. After he had the Indians routed he went sixteen miles on one leg, with his gun for a crutch. The Indians captured his furs, team and camping outfit. King afterwards received pay from the government for the loss of his property. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 91 In 1807 Lieutenant Williams and a party of sixteen government sur- veyors were missing. In 1869 I was engaged in mowing liay four miles from Indianola. on the south side of the Republican river. I ran into what proved to be an eight-inch tracing compass. It was buried in the sod with one sight sticking out. I also found there a heavy rifle with ''Lieutenant Williams" engraved on the brass side plate. Many a trapping and lumting outfit, to my certain knowledge, came up missing in that part of the country about that time. Two men trapping on Big Timber creek were run out by the Sioux. They got away, but that was all, and the Indians got everything they had, including three baking powder cans full of arsenic. The men said they hoped the red devils would think it was baking powder and make some bread with it. Perhaps they did, but they likely tried it on a dog first. Three men, Carrothers, Doan and Rogers, were making quite a good thing about this time in the business of catching wild horses on the range south of Julesburg. When they found a herd they would follow it slowly and turn in some tame horses with bells on. In eight or ten days the whole herd would be so tame they could be easily corraled. Ned Buntline gives a description of the trained horses that perform in the Wild West shows and the marvelous performances of some of their riders, but some of the everyday exploits of common hunters on the plains in these early days far eclipsed anything that a Wild West show ever exhibited. We could not all be Codys, Wild Bills, Bloody Dicks, or Scar Faced Charleys, but some men who made no pretensions to great skill and who did not court notoriety did things that would sound well in a dime novel. In 1869 the soldiers had cap- tured a band of Sioux and were bringing them down the south side of the North Platte river. Another band of Sioux were following them up on the opposite side of the river, evidently watching for an opportunity to get some advantage of the troops or to aid any of the prisoners who might try to escape. When near Ash Bottom, and simultaneously with the arrival of the wild horse outfit referred to above, one of the Indians in charge of the soldiers jumped into the river and struck out for the north side, swimming and diving like a muskrat. The soldiers fired repeatedly at him, as his head appeared above the water, but missed him every time. He had almost reached the other shore when Rogers, the wild horse man, rode up, and, firing from the ground, shot the redskin through the head. The balance of the prisoners witnessed this exhibition of skill on the part of a man who made no preten- sions of skill with a gun, and from that time on Rogers was a marked man, and suffered the loss of horses and camping outfits a number of times at the hands of the Indians. He had to quit hunting, and learned that fair play, even with Indians, is good policy. ©2 PIONEER HISTORY OF CUSTER COUNTY In 1878 the Utes were camped thirty-five miles south of the Platte river and eighty miles from Greeley, Colorado. A hunting party of Sioux, headed by Sitting Bull, was camped at Julesburg, where they had seven or eight hundred lodges. I had a camp near the Utes. They made great preparations for war, but that was all there was of it. They were afraid, and the Sioux daresn't. However, a party under Ute Charley and Ouray, the council chief, made a raid on the ponies of the Sioux at Julesburg. They had two horses apiece, and the boys who were to do the stampeding were securely tied to their ponies. It is said the Utes waded from island to island in descending the Platte river. They succeeded in running off about a thousand ponies, be- sides getting away with 400 of the best horses of the Sioux. 1 was at Kemp- ton and Brush's ranch, thirty-five miles from Julesburg, when the Sioux came up, following the Utes. They went no further than the top of a big bluff, four miles from the ranch. A few miles in advance of where they stood we could see the cloud of dust that indicated the position of the party with the stolen ponies. There were several hundred of the Sioux in full war paint, and also a number of squaws, who had probably been brought along to cook, for they certainly did some around the ranch that night and the following day, as squad after squad came in from the front to report to superiors. As far as I could see they were making a great show and accomplishing little. T^'enty- five white hunters could have made those Utes drop the horses in a hurry, but these several hundred cowardly Sioux did not dare to attack an enemy which they outnumbered ten to one. The Sioux ate up and took everything about the ranch. Among other delicacies, they cooked a number of skunks that had been poisoned for wolf bait, which my outfit had scattered up and down the river. We never learned whether the poisoned meat did any dam- age to the Sioux. It is hard to kill an Indian. Twenty-five miles south of the Platte is a high elevation called Cap Rock. In 1874 there were numbers of Indian skulls and bones scattered about the vicinity, the result of a massacre of Sioux by the Pawnees. The Sioux were exhausted from a rapid retreat from Carr's troops. The Pawnees took ad- vantage of this and we have it from good authority that they killed 200 of their enemies. This massacre occurred in 1S6G. In 1874 the Pawnees were permitted by the government to go upon the Republican to hunt. When re- turning, and near where the town of Culbertson now stands, they saw a large herd of buffalo approaching their camp, which was secreted in a sort of canon. All the bucks that were able to do service were soon out after the big game, which led them a merry chase, while a band of Sioux, who had planned this trap which their hereditary enemies had so easily fallen into, rushed down into the camp of the Pawnees, where a sickening slaughter of AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 93 old men, squaws and pappooses took place, the miinber butchered being in all 184. Swift intelligence of the presence of the Sioux in their defenseless camp soon reached the hunters, but instead of rushing to the defense of their squaws and pappooses, they flew the other way as fast as their ponies could carry them, while the Sioux retreated with equal haste in the opposite direc- tion. Three days later I visited the ground. In the meantime a heavy rain had washed the bodies of the Pawnee women and children into a winrow at the bottom of the gulch, a horrible example of Indian revenge and cruelty. The Sioux had waited since the massacre of 18GG to wreak vengeance on their enemies, and when they had accomplished the ghastly work they boasted of their prowess. The Pawnees were never seen in that region again, although in former days that was one of their favorite resorts. Our camp was but a few miles from the scene of the massacre, and we heard the firing, but paid little heed to it as something that did not concern us. Pawnee Killer (a Sioux) afterwards told me the Sioux drove the herd of buffalo down in order \r\ draw the Pawnee men away from their camp. ^Blt) lip by Hack Bulau. On Saturday night last a prisoner named Nolan, confined in the jail at Plum Creek on the charge of murder, made his escape. He was supposed to be a member of the Milton gang, and was handcuffed and shackled in his cell, but on Sunday morning he had flown. The shackles had been sawed off, as were also the bars of the window. Some parties were in town on Satur- day evening who were suspected of being members of the Milton gang, and as they were also gone on Sunday morning, it is supposed that they sawed off the bars from the cell and assisted Nolan in getting away.— Kearney Press, April 14, 1879. On the Sunday morning referred to in the above clipping from a Kearney newspaper, a man might have been seen on foot slowly approaching the bluffs which border the Platte valley to the north of Plum Creek. The sun was just rising over the miniature mountains, casting long shadows over the beau- tiful plain and tinting the myriads of dewdrops with the colors of the rain- bow as they sparkled like sapphires and topazes on every blade of grass. It was a scene which might have entranced poet or painter, but the solitary indi- vidual whom we have mentioned appears to be insensible to the beauties of nature which surround him. He strains his eyes in the early morning light 94 PIONEER HISTORY OF CUSTER COUNTY as he scans the horizon behind as if fearful of discovering some pursuer on his trail. Shortly he comes unexpectedly upon a little sod house nestled among the hills, from the chimnev of which a thin column JOHN FINCH. RALPH DAHL, A prosperous young farmer, near Westervell. of smoke ascends into the calm morning air, indicating that even at this early hour the inmates are astir. At the same time hpnest John Downey and his wife discover a stranger approaching their abode and wonder who it can be so early in the morning, and afoot, a means of travel quite rare in days when broncos were so plentiful. The stranger advances to the door, makes a polite bow and inquires: ''Can you give me some breakfast and show me the way to Olive's ranch?" "Yes, sir, I think we can, if you can put up with the kind of grub poor folks has to live on,-' replied John, "and by keepin' that road yonder, which is called the Plum Creek road, you'll come to the South Loup river about fifty miles north of here. Folks in this country don't travel much afoot," added John. "No, sir, I suppose not; nor was I expecting to make the trip on foot. T expected to come with some friends who were to meet me at Plum Creek. They will probably overtake me before I get there." The scant meal finished, the stranger asked to rest awhile before pursuing his journey. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 95 "All right," replied Mr. Downey, "but ye'll have to excuse me, as I have to work." While the stranger had been eating his keen eye had taken an inventory of the furniture of the house, which consisted of but a single room. The ob- jects which most interested him were a long needle gun and a belt containing a quantity of loaded shells, which hung upon the wall. John had been gone but a short time when the stranger stepped across the room, coolly took down the belt, buckled it around his waist, picked up the gun and walked out of the house, Mrs. Downey looking on in open-mouthed astonishment at the impu- dence of the fellow. "What are ye doin', sir? Drop that gun or I'll call ray husband, who's not far off." "Very well, madam; call him as quick as you please; but I need this gun in my business and I intend to take it along. Good morning." No sooner had he started for the main road than Mrs. Downey rushed out and gave the alarm to her husband, who was at work a short distance away. Securing a handy' pitchfork, he went after the bold thief and demanded the return of his property. But the stranger stood him off and advised him to go back about his business, which would save him from having any trouble, and perhaps from having his head blown off. With this grim hint he re- sumed his journey. Two days later a man could have been seen standing upon a high point of land near the Plum Creek road, about thirty-five miles north of that town, leaning on a long gun and gazing intently to the northwest. "Well, this is bucking the tiger with a vengeance, and I am going to lose, unless my luck changes soon. I haven't tasted water nor food for two days and I can't hold out much longer. If I could run across Milton or some of his boys, I could snap my fingers at Dick James and his hellhounds of the law." Had we looked closely w^e would have recognized the stranger w^ho had breakfasted with the Downeys some two days previously. He had a rather refined appearance, was fashionably dressed in a dark suit, with Prince Albert coat, altogether unlike the popular conception of outlaw, and horse- thief of the wild plains of the West. He was about thirty-five years of age, of rather stout build, dark complexioned, and possessed a pair of glittering black eyes through which the devil that was in him could be discovered at a glance. The reader will have guessed by this time that this man is none other than Jack Nolan, the notorious outlaw and gambler, who had recently shot and killed a Mexican at Sidney, and who had broken out of the jail at Plum 96 PIONEER HISTORY OF CUSTER COUNTY Creek as recounted above. While the news item at the head of this article would seem to indicate that Milton or some of his men had been implicated in the jail delivery, such was not the case. Had Milton been the agent tlirouoh whom Nolan had been liberated the fugitive would have been pro- vided with a horse on which to get away, and not have been compelled to adopt the slow and unprofessional method of "hoofing it" — and unarmed at that. Continuing his solilocpiy: "Jim said that Milton was up in Powell canon, wherever that is. But there is the Plum Creek road; I'll drop down to that, rest awhile and try to think up some scheme to get a horse." He descended, almost sliding, to the base of the steep bluff, and threw^ himself down on the short grass by the side of the road, keeping a sharp look- out up and down, however, to prevent anyone from approaching him un- awares. But tired nature soon asserted herself, in spite of his fears, and in a short time the fugitive fell into a heavy slumber, where we will leave him while we proceed to Olive's ranch, in Custer county, on the bank of the South Loup river. The ranch building is of cedar logs, and consisted of two parts, with a door and a small window in each. The roof is of split logs and poles over- laid with several thicknesses of sod. It stands upon a gentle incline about twent}' yards east of the river, which flows past in a southerly direction, almost hidden from view by a thick growth of timber which lines the bank on both sides. Corrals for cattle and horses are located in close proximity to the ranch house, and in the gray light of the early morning a few sleepy cow-boys are moving about preparing for the duties of the day. "'Come, hurry up, Kid; breakfast is almost ready, and if you're going to Plum Creek to-day you've got to get a move on you," exclaimed John Gatlin, the foreman, as he poked a drowsy lad in the ribs. The boy turned over in his bunk, rubbed his eyes lazily and wished the head push was in Jericho or some other seaport. However, he was soon up and storing away plate after plate of hot cakes and molasses while the cook wondered where on earth the boy was putting all the "chuck." The meal over, the lad is soon in the saddle headed for Plum Creek, driving four saddle horses ahead of him necked to- gether in pairs. The attention of the reader is directed to one of these ani- mals. He is a large, clean-limbed bay horse, with light-colored flanks, the private saddle horse of I. P. Olive, and famous all over the range as "Old White Flank." He is richly caparisoned with saddle and bridle of exquisite workmanship, made to order for the noted cattle king. The lad is John Finch (at this writing a popular and prominent business man of Arnold, in this county,) and he is on his way to Plum Creek with some horses that AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 07 have been ridden h\ sdnic men from llial city lo tlic lancli. The rim of the morning snn is jus( bctiinninii to ;i|»|>eiir ovei- tlio low hills that skirt the valley of the Lonx> as John hears the voice of (ratlin shouting after him: "He on the lookout, boy, or you are likely to be held up by horse thieves." "All right," shouted back the boy, and with a whoop he nrged the horses through the river at the old ford and was soon out of sight and hearing. "I don't feel just right about letting that boy go alone, but Wheat can't be spared, and there's no one else to send. 1 lioj))' nolliing'll happfu to the kid." The boy liad proceeded on his way some tifleen miles without incident, and is jogging leisurely along with nothing to be seen on any side except an endless expanse of undulating prairie covered with short buffalo grass, with- out a tree or even a shrid* to break the monotony of the landscape. Far behind him, rising up like an impassable barrier, the hazy blue bluffs that hem the valley of the South Loup shimmer in the warm sunshine, while far ahead he can discern the divide from which he will descend into the broad valley of the Platte. Eternal silence reigns over this vast solitude, except for the occasional twitter of some little bird and the tramp of the horses' feet as they patter along the dusty trail. The boy has not seen a habitation nor a human being since leaving the ranch, nor does he expect to see either until he catches the first glimpse of the city towards which he is traveling. It might be supposed that the parting admonition of the boss would cause the lad to pursue his journey with some degree of nervousness, but John Finch knew not what fear was. Consequently when he discovered a dark object lying on the prairie a little ahead of him he did not retreat, but advanced near enough to make out that it was a man— dead, he supposed. The tramp of the horses awakened the sleeper, who sprang wildly to his feet and looked excitedly around, prepared to retreat into the draw behind him i^ necessary. Taking in the situation at a glance, he motioned the boy to come on. but young Finch, realizing his danger, sank his spins into his horse, lashed tlu' ones he was driving and tried to get away. But -lack Xolan was not the man to let an opportunity like that slip by unimproved. He leveled his gun at the boy and shouted: "Halt!" John knew enough about wild west life to niak.- him understand that halting was the proper thing to do under the circuiu stances, and he halted. Nolan ordered him to round up the horses, which John at first declined to do. l)ut finally comitlied at the solicitation el tlie needle gun. "This is the horse I want," and vaulting into Olive's hiiely chased and decorated saddle, Nolan detached "Old Whit.' Flank" from his fellow and AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 99 rode otf. At a slioit distance lie sli()iit<'d liack t(t tlic hoy: "Youiiji- man. if 3'0i] see Dick James, jnst tell iiim to conu' and jid me if lie wants me." Finch wasted no time in comph'ting his jonruey. and as he rode into a livery barn at I'him Creek driving three horses ahead of him he was met by Jack Woods, an employe of Olive, wlio in(inired: "Where is 'Old White Flank?'" "Jack Nolan has got him." "What in h — is Jack Nolan doing Avith him?" "Well, he wanted him, and as he had a bead on me with a long needle gun, I had to let him have him." "Why in the devil didn't you follow him and see where he went?" This nettled the boy, and he retorted hotly: "Say, Jack, if you want to find Jack Nolan, get me a fresh horse and I'll put you onto his trail." The result of this confab was that after a hasty meal the daring lad. on a fast horse, was galloping over the Plum Creek road like a whirlwind. Jack Woods at his side. This man Woods was a regular dare-devil — small, wiry, active as a cat, about thirty years of age, and afraid of nothing. He subsequently became sheriff of Kearney count}- and was killed by Zimmerman and Belmont, two desperadoes, who he was trying to arrest at Minden. The two men were eating their dinner at a certain hotel and Jack attempted to capture them by going in at one door of the dining room while his deputy was to enter at the other. At the last moment the nerve of the deputy failed him and Woods was killed. The murderers were pursued, lielmont was shot and killed in the chase, Zimmerman was captured, tried and sentenced to be hanged, but was subsequently released on some legal technicality. But we are digressing. Woods and Finch headed for the Durfee ranch, near the mouth of the Cottonwood, in Custer county, about three miles from the present site of Callaway, supposing that Nolan would go there to stay that night. They arrived at the ranch about 2 o'clock in the morning. Woods held the horses while Finch called out Jim Gray and impiired if he had any strangers, stopping with him. Receiving a negative reply,, they proceeded to the Olive ranch, a few miles down the South Loup river, where they saw a dim light shining through one of the small windows. Finch was stationed at this window, while Woods, with his linger on the trigger of his gun, opened the door, fully intending to kill Nolan if he found him inside. But Nolan was not there. John (fatlin and John Wheat, the only men at the ranch, informed Woods that during the afternoon of the day before, while they were out. some one had come into the house, ate up their dinner, exchanged a long needle gun for a short one of the same make, a Prince Albert coat for a short riding L.ofC. 100 PIONEER HISTORY OF CUSTER COUNTY coat, stolen a pair of fine blankets, and vamoosed. By the time thev had learned this much about the movements of the man they were hunting it was almost 4 oV-lock in the morning;, and having eaten a lunch and warmed their chilled limbs at a blazing fire of cedar wood, the tired boy, who had ridden over a hundred nules in twenty-four hours, was soon fast asleep, and did not awaken until 8 o'clock, when he found that Woods, Gatlin and Wheat were gone. Leaving John to look after the ranch. w(^ will follow the three men in theii' chase after Nolan. J. E. Babbit's Irrigation Dam in Soutli Loup River on his Ranch They followed his trail north as far as Spring Creek, where they came upon the outlaw just as he was striking camp and preparing to mount "Old White Flank." As soon as Nolan observed the boys he coolly threw down his picket rope, knelt on one knee and waited for them to approach. When about seventy-five yards from him he motioned for them to stop, shouting: "Who are you, and what do you want?"' "We want that horse," replied Woods. ''You can't have him," with an oath. "By , we will have him," says \V()ods, preparing to jump from his horse. Gatlin grabbed him by the shoulder and pulled him back into the saddle, saying: ''You fool, he will kill you before you touch the ground." "Boys," said Nolan, "my life and liberty depend upon this horse, and I will die before I give him up. One of you may come up and talk with me. but the other two must stav back." AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 101 They held a short consultation and Oatlin went forward to talk with Xolan, while Woods and Wheat rode back a short distance. "That horse yon have there is I. P. Olive's saddle horse, and that saddle and bridle were made for him to order. Olive is now being tried for his life and it isn't likely that he will ever use them again himself, but they will be relics that his family would not like to lose. Let me have them, and you may have mine, which will serve your purpose just as well." ''Not by a d — sight; this horse just suits me and the saddle fits me, and you can't have either.'' Gatlin jileaded in vain and tinaly proposed that they go to Van Sickles' ranch, on the Middle Loup, above the mouth of the Dismal, where he thought be could procure Nolan just as good an outfit. He was so persistent that Nolan finally agreed to these terms, and promised to surrender "White Flank" just as soon as Gatlin got him another horse as good. Gatlin rode back to his companions and reported the arrangement, instructing them to make a show of returning home, but to follow at a distance so as not to be observed by Nolan, to ^"an Sickle's ranch, where he thought Nolan could be captured. The reader, who is unacquainted with the West as it was at this time, and who is a stranger to the habits, customs and accomplishments of the cow- boys and outlaws who infested the region, might suppose that it would be an easy matter for these three men to capture or kill the single individual of whom they were in pursuit. But it is not a question of main strength. Like all frontiersmen they were adepts in the use of firearms. The Winchester and the six-shooter were their inspearable companions, and were handled with a dexterity and rapidity that meant death at every move. Had either Woods or his partners made the slightest motion that suggested a resort to their weapons, that move would have been anticipated by the ever-alert Nolan, who would have had the "drop" on his enemy quick as a flash of lightning. Gatlin rejoined Nolan, and the latter, suspecting that all was not right, said: "See here, Gatlin; don't you put up any job on me or you'll be sorry for it." Gatlin explained that everything was on the square; that he had gone back to tell his companions of the arrangement that had been made, and that they were returning to the Olive ranch. The two men then set out for Van Sickle's, fifty miles away, a ride which would stagger the most experienced horseman of a later period, but which in those days of magnificent distances was considered a mere trifle. They had proceeded northwest about twenty miles when they entered the Muddy valley. Nolan proposed that they turn out their horses to graze and rest awhile. 102 PIONEER HISTORY OF CUSTER COUNTY Gatliu knew that Woods and Wheat were foHowinji a ftnv niih^s in the rear, throno-h the hills, and that they were likely to ride right into the valley and be discovered by the watchful Nolan. It was therefore the policy of (latlin to keep on the move to prevent any such catastrophe. He tried to dissuade his companion from losing any time, as they had a long jaunt ahead of them and the day was wearing away. "No," replied the outlaw, ''I am going to let White Flank have some grass. I may have to ride for my life yet, and must take good care of him." Gatlin was afraid to insist further, for fear of arousing Nolan's sus- picions, so he turned his horse out with White Flank and lay down in the grass, keeping his eye on the trail behind them, expecting every moment to see Woods and Wheat make their appearance, and praying that they would be delayed. Minutes seemed hours to him, but he breathes easier as Nolan prepares to mount and resume the journey. Just as they start (latlin gives a furtive glance behind and discerns two dark objects emerging from the hills. He keeps close alongside of his com- })anion, chattering glibly to ])revent Nolan from looking around. Dropjiing a little behind he turns his head back and discerns that the two men have entered the valley and are now in full view. They have discovered that they have been too hasty and have come to a standstill, being too far in the valley to retreat. There is not a tree nor a shrub near them behind which they might hide. It is a moment of awful suspense to Gatlin, for should Nolan chance to turn around and catch a glimpse of the men in the rear, and learn that Gatlin had been playing false with him, the conse:]ueuces might be serious. But he trusts to luck that before this happens they will pass around a projecting spur of a low blutf a hundred yards ahead which will shut oif the view to the rear. There is said to be a subtle influence of mind upon mind, a sort of wireless telegraphy from bi^in to brain, by the mysterious power of which a thought that is uppermost in one person's head is transmitted to that of another near or distant. It nuiy have been this unseen psychic force which prompted Nolan to do the very thing which Gatlin was praying he would not do. At any rate, Nolan turned his head just as they were rounding the ])romontory and his eagle eye detected the two horsemen silhouetted against the horizon. Turning to Gatlin he said fiercely: "Those two devils you had with you are following us." "That can't be," replied Gatlin, putting a bold face on the matter; "they went back to the ranch; let us hurry on and get to the end of our journey." Nolan was not fully assured of the honesty of his traveling mate. He rode moodily along for some time without uttering a word, and then, sud- denly reining u]> his horse, he said: AND SHORT SKETCHES OF K.VRLV DAYS IN NEBRASKA. 103 "See here, (latliii; you cjuri put up any job on nie; these fellows are followinii' us and you know it."" "1 don't know anything; of the kind, and 1 care less; (he best thiiii: we can do is to keej* on out of their way." "Not by a d — si^ht; you can't play nie for a suck(M'. Now you ^o your wav and I'll <2o mine." View of the D. O. Luce Cedar Canon, near New Helena, in Custer County, Neb. (Jatlin could do nothing but accjuiesce, for he knew that further expostu- lation would be fruitless. He did not dare to rejoin Woods and Wheat as long as Nolan was in sight, so he switched off and went over to ^'ictoria creek to stay all night with George Carr. As he was riding through the hills south of the creek he saw a man driving a small team of mides directly across his path, evidently attempting to head him off. The man was standing up in his buggy and had a Winchester in his hand. It being almost dark by this time, Gatlin did not recognize the man until he came quite close to him, and then found himself face to face with Dick James, sheriff of Dawson county, who had been following Gatlin for some time, mistaking him foi' Nolan, of whom he was iji ]iursuit. 104 PIONEER HISTORY OF CUSTER COUNTY The two luiiiji old friends, proceeded to Carr's together and passed the niglit there. The next morning they sent a man over to Isaac Merchant's to find out if Jack Nohin was there. The messenger returned with the lnfoj*m- ation that he was. How to capture the outhiw was the next question. "'Gatlin, are von acquainted with the lay of Merchant's buildings and the country around there? Is there any w'ay we can get to the house without being seen by anybody inside or about the yard?'' "Yes," replied Gatlin; "by malcing a circuit we cau get right up to the house without being seen." They succeeded in accomplishing this, but discovered at the same time that Nolan was off on the prairie about three-quarters of a mile holding the lariat of Old White Flank, who was munching the buffalo grass with great relish. It is needless to say that James did not get his hands on the slippery outlaw that day. Woods and Wheat had seen the separation of Gatlin and Nolan and had expected to be rejoined by the former; but as he failed to put in an appear- ance they proceeded on to Van Sickle's, as had been agreed upon. They stayed there all night, rode down the Middle Loup as far as the Smith and Tee ranch, of which Robert Farley was foreman, where they remained over the following night. The next morning they set out for the Finch-Hatton ranch. Shortly after their departure Nolan rode up to the Smith and Tee ranch, and learned that the boys were on his trail. He remained there all day. About sundown Mr. Farley saw Woods and Wheat returning, and knowing that Nolan was a desperate man and a dead shot and that Woods and Wheat would surely be killed if they attempted to capture him, thought it best to tell Nolan, so that he could get out of the way. But Nolan did not appear anxious to go. He simply stepped out of the house, rested his rifle on top of a post, took deliberate aim at the approaching cowboys, who were now wdthin easy range, riding leisurely along, unsuspecting any danger. Farley expected every second to hear the report of Nolan's rifle and to see one of the boys drop, but he was spared that experience. Jack Nolan was a murderer and an outlaw, and a price was set upon his head; he was a fugi- tive from avenging justice, but with all his depravity there was a little spark of manhood yet alive within his breast which revolted at the idea of taking the life of a fellow-being without giving him a chance to defend himself. Acting upon this impulse of his better nature, he walked out into the open and met the two horsemen with presented gun. Th(\v were completely taken by surprise. A\'oods was a brave man, but Nolan had the drop on him and he knew^ that he would shoot to kill upon the least provocation. He retreated as gracefully as he could under the circumstances and put out for the hills. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 105 Nolau motioned for Wlicnt to iul\:ni(t'. ••^'oll cnis liavc been followiiii^ me, have you?'' "Yes," replied >\'lieat, timidly. "\Vell, you have found mo; wliat arc you lioinj; to do about it?" Sheep Industry Lee's Park, 1887. *'Seeiu' as you've got the drop on me, I guess I'll have to leave that to vou. "Then go and hunt up that other fellow and get out of this country as fast as your horses will carry you. and thank your stars that I didn't kill both of you when I had a good chance." Wheat did not wait for a second invitation, and wliilo ho is iiunting for his companion among the hills south of Victoria creek we will return to ilu- Smith and Tee ranch and follow the fortunes of Jack Nolan, the outlaw. Supper had been eaten, and night, with her sable mantle, had envt'loi)t'd the valley of the Middle Loup in darkness, when the tierce barking of the dogs startled the innuites of the lancli ]u)use. Nolan rushed out. Winchester 106 PION'EER HISTORY OF CUSTER COUNTY in hand, to investigate the cause of the disturbance. The night was still and calm, and as the hunted man listened intently he heard a great splashing in the river near by, intermingled with curses and angry exclamations, indi- cating that the stream was being forded by a body of men on horseback. Thinking that the Victoria militia were after him, he rushed to the corral, mounted White Flank and rode rapidly uj) the river. At the same time Dick Milton and his gang rode up to the ranch and inquired w^ho the man was that had just galloped away. T'pon being informed that it was Nolan. Milton said: ''He is just the nuui I have been looking for." He and Smith dashed away after Nolan as fast as their horses could carry them, shouting out for him to stop, as they were friends; but the faster they pursued the faster the outlaw flew. They had to give up the chase and return to the ranch. Wheat and ^^'oods also returned to the ranch at the same time and left for Plum Creek the next morning. Nolan disappeared, but turned up some time after at the Chapin sheep ranch, neai- the present village of Arnold, which is now the property of ex-Slu^'iff ('. T. Holliday. A ])hotograph of the old log ranch house appears in another part of this work. One day a stranger rode up on a fine bay horse with white flanks. He carried a needle gun and made ar- rangements to get his meals for about a week. Mr. Chapin said the man " ould come in promptly at meal times, eat with his gun across his lap, then mount his horse and ride away, generally in the direction of Powell canon. He represented that he was waiting for some friends whom he expected along in a short time. Mr. Chapin and his wife were not very favorably im- pressed with the actions of their boarder, but as he appeared to be a perfect gentleman and paid promptly, they asked no questions. One day while the stranger was eating his dinner Mrs. Chapin was reading a paper which con- tained an item which greatly interested her, and she arose and passed out of the room, beckoning her husband to follow her. This little incident did not escape the watchful eye of Jack Nolan, and when he peered out of the door he saw Mr. and Mrs. Chapin carefully examining his horse. He stepped up to them, remarking: "I see you have discovered who I am and I want to give you a little advice. I want my meals and I am willing to pay for them. If you keep still, it will be all right; but if you try to make me trouble it will be the worse for you. I want you to understand that I will not be taken alive. He then told them the whole story of his ])nrsuit by the cowboys and Ihe sherifl", laughing heartily at the way in which he had discomfited them. As the ranchnu'u were at that time more or less at the mercy of such char- acters, it was considered good i)olicy to treat them well and not get mixed u]» in their (juarrels; therefore Mr. Chapin and his good wife are not to be censured if Wwy kei>t llu' secret of the identity of their guest safely locked AND SHORT SKETCHES OF EARLY DAYS IX NEBRASKA. 107 witliiii ihcir own hieasts. Dick INIilloii frequently stopped at tlie Thapin ranch and at one time presented Mr. (Miapin with a j^ray liorse that was somewhat ridden down, but wliich ]»i-o\-ed to be an excellent animal. He Icept it about two years and sold it for a j»<)od price. This transaction came very near him into trouble, as it turned out that tln^ hoi'se had been I t!^sf*?;t\.^i',sr'^f *' K I. C. Cram, Loup County, Neb. stolen and Chapin was threatened with arrest as an accomplice of Milton. Xolan next appeared at the North and Cody ranch on the Dismal river, near its mouth, remained there about thriM- days, and then went up into the Nio- brara coutry. In the meantinu" Sheritf Dick James had returned to Plum Creek and sent his deputy, ^^alentine, to continue the hunt for Nolan. Valentine, it is said, told everybody he met that he was a fireat detective; that it was throu<;h his skill that the Olives had been put behind the bars, and that he intended to take Nolan back with him. One day while ridinji up on the Runninji ^^'ater he met a ranchman to whom he explained his business, embellishing the nai'rative with a very glowing description of \'alentine's prowess as a thief catchei*. ^'alentine was not yet out of sight when Jack Nolan rode uj) to the ranchman and impiired who the man was that had just left him. The ranchman related the conveisation, after which Nolan put spurs to Old White Flank and swooped down on the unsus])ecting detective. He held him up, took his horse and weapons and turned him loose in the middle of the desert, horseless and uarmed. Nolan, however, allowed the detective to retain his saddle, which he recognized as the pro])eity of (latch Hughey. a boy who 108 PIONEEK HISTORY OF CUSTER COUNTY carried "tlnuk"" to the id'isonei-s in tlie l*lum ('reck jail. It was hinted that Huij^hey h;ul been instrnniental in effecting the escape of Nohm from the jail, but nothing of the kind was ever proven. Gateh, it appears, was quite a vo- calist, and the night that Nolan escaped had brought the prisoner his supper, and returned to the jail office. Nolan called out after him: "Gatch, can't .you give us a song?"' Gatch, who was a good-natured fellow, who would rather sing than work, launched out into a roaring ditty that lasted for some time. Nolan had previously sawed several bars of his cell nearly in two, and taking advantage of the noise that (latch was making with his song he wrenched the bars off, slipped through and made his escape. At the conclusion of his vocal performance Gatch expected to hear some ap])lause from Nolan, but a dead silence ensuing he made an examination and found the cell empty. As a mark of appreciation for the service rendered to him in his hour of need, Nolan returned to the detective Gatch's saddle which had been borrowed by the thief catcher when he set out on his hunt for the outlaw\ Nolan finally fell in with Milton, but they did not get along very well together. Milton recognized White Flank, traded Nolan out of him, and sent Avord to Olive where he could find him. Glive at once sent a man after the horse, which was in due time restored to his rightful owner. Some time after this Nolan robbed the Bone Creek postoffice and fled to Minnesota. Later he was captured, but what became of him your historian is unable to say, as he has not been able to trace further the career of one of the most daring out- laws that ever infested central Nebraska. Jxii\i\2 irotlliant ®aijliiL By F. M. Hallowell. Judge William Gaslin was born in Kennebec county, Maine, July 29. 1S27. His i)arents and ancestors were among the hardy pioneers of the forests, whose mental and pliysical powers were fully developed by exposure, fru- gality and the hardest kind of manual labor. His grand parents and parents lived to be very old. most of them to an age between ninety and one hundred. The judge, during his boyhood, lived with his parents on a sterile, rocky farm, on which he labored when not working out by the month for small wages cutting lumber, ])art of the time taking trips at sea, after he was old enough to do so, at first serving as cook. When a chihl he attended a countiy school. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 109 but only in the winters after he got large enough to work on the farm, the school house being about a mile distant; he had a love for study and was soon a good scholar. After he was able to earn money to pay his way, he attended an academy and fitted for and entered Bowdoin college in 1852. from which he graduated in 185(), having paid his own way by teaching school and earning monev at anything he could do. Shortly after uraduating he ^'7 ( ■'mm 1^ ^ ■■-4 i ^^^Kr^j^ 3 HON. WM. GASLIN, Attorney. F. M. HALLOWELL. entered the office of Judge Samuel Titcomb in Augusta and commenced the study of law. Being without money he taught in the graded schools of Augusta, continuing the study of law during the spare time he had, hiring a house and moving his mother and young brother and sister into the city, the younger children attending the school he taught. After thus teaching nearly two years he had saved (mough to enable him to continue his law studies, and so left school. After being admitted to practice law he opened an office in Augusta, the capital of the state, where there were fine lawyers, aiid tooK' an active part in polities with his neighbors, among whom were the immortal James G. Blaine and Lot M. Morrill, and frequently coming in contact with Hannibal Hamlin and other eminent men of the state. From money earned in teaching school and the little he could save from his salary as city clerk and other official positions, he fitted up an office in his native city with such books as he was able to get and commenced his law practice, walking four miles night and morning to and from his father's farm and so continued for two or three years. 110 PIONEER HISTORY OF CUSTER COUNTS It was very little business he had until a pnor old widow, being robbed of her farm and home, came to him. Some of the best lawyers in the city told Gaslin in a friendly way that a great wrong and outrage was being done, but as the parties had a deed there was no chance for the old lady. Gaslin got the case put over nearly all summer while he was examining and copying the records, when away back he found a void levy on which the title adverse to the widow rested, and so won the case settling title in her and beat a collateral suit for jjossession against the old lady on the ground that the courts of the state held that an action of trespass on real estate could not be maintained where it had continued for more than six years. All he ever got from the old lady, who was ninety years old, was |2.50. which a long time after she insisted on paying, though he asked her nothing. After win- ning these cases he did not want for business, whicli was owing as much to his indomitable energy as to his legal lore. In 1865 his library, office and all its contents were consumed by a very disastrous fire which destroyed most of the business part of the city, and he left for the West, landing in Omaha over the Chicago & Northwestern railroad from Michigan, that being the only road across Iowa at that time; crossed the Missouri on the ferry March 20. 1S68. Omaha was then a small, straggling place, most of the hotels and business places being on lower Far- nam and Douglas streets. Though the building of the Union Pacific railroad had passed that hell on earth, Julesburg, and got well into the mountains, and many of the worst characters had moved on in the procession of desperadoes and cut-throats, Omaha was still infested with a fearful gang; seventy-five men were killed rhe first year Gaslin was there, for which very few were even arrested or known. After remaining in Omaha until the spring of 1871, in June or the first of July, with a party of two or three others, with a span of hardy horses and wagon and camping outfit, struck for southwestern Nebraska, the B. & M. R. R. being then completed as far as Crete. They struck across the country to the Republican valley in Nuckols county and then up the valley to Ciilorado. The country was then little settled and west of Webster county no settlements of any consequence — two log buildings at Red Cloud and nothing worth mentioning beyond until the following year, (ireat herds of bult'alo, bands of wolves, elk, deer and antelope and flocks of wild turkeys and grouse greeted the eye on all sides. On their return the party crossed the monotonous prairie on the divide between the Republican and Platte rivers, all totally uninhabited, and visited the northwesterly part of the state, which west of Hall county was very little settled. H(^ returned to Omaha in August, when he took a homestead in Harlan county, filing his AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. Ill papers at the land (itticc in Beatrice; he spent the fearful winter of 1S71-2 on his homestead, conuuntin^ the same next spring- and takinf>- a pre-emption on which he made the reipiisite improvements witli his own hands. In June, 1ST2, he went to Lowell, where the I'niled States land oflflce was opened in Jnly, and opened an ofiice and commenced the practice of law, to which place the 1>. & M. R. R. reached that fall and was its terminus for quite a while. Lowell was the terminus of the Texas cattle trail, vast herds reach- ing- there in late s])rins' or early summer, where tli«^ cattle were marketed and shipped east. The town was full of cowboys and cattlemen; saloons and gam- bling places were run wide open seven days and nights each week; little regard was paid to law; money was plenty and all kinds of business booming; thousands of settlers poured into the country, bringing their families, and took up claims and settling thereon, this being the outfitting place to south- western Nebraska and for a long distance into Kansas. In a short time after the land ofiQce was opened seven men were shot and not one was punished for the crimes, and but one was tried, and he ac(piitted. About 1874 the land office was removed to lUoomington, in Franklin county, and the railroad ex- tended to Kearney, and like Carthage, Babylon, Ninevah and Sandusky, Lowell fell. In 1875 a constitutional convention was called. The convention divided the state into six judicial distiicts and created an independent supreme court. ^^'hen the time approached for nomination of district judges, though not a candidate, Gaslin was urged to go before the Republican convention at Plum Creek, now Lexington, as a candidate, which he reluctantly consented to do. The campaign was lively and spirited, but Judge Caslin was elected. When he ran for the second term, after civilizing and clearing the county of des- peradoes and establishing law and order for four years, he had five votes more than the Republican and Democratic vote combined. \Mieu he was first elected his district embraced Webster, Adams, Buttalo, Sherman, Custer, the unorganized county of Sioux, extending north to the Dakota line, attached to Cheyenne county for judicial purposes, and all the state west of these counties, comprising at least one-half of the territory of the state. Adams, Kearney and Buffalo counties, reached by the B. & M. R. R., and Buffalo, Dawson, Lincoln, Keith and Cheyenne counties, traversed by the L^nion Pacific, were the only counties crossed by railroads when the judge first entered upon his judicial duties in January, 1870, there being thirteen counties besides the unorganized territory whose courts were held a long way from the railroad. At the end of his first term in 187J» he was nominated by the Republicans and indorsed by the Democrats, and was therefore elected with no opposition whatever. In the fall of 1888 h(^ was again nominated by all parties and re-elected again 112 PIONEER HISTORY OF CUSTER COUNTY without opposition, and a^ain in 1S87 he was trinm]»hantly rv-elected. When he ent(M'ed npou the dischar^je of his official duties as judge liis district was infested with mnrdeiers. thieves, desperadoes and cnt-thioats of all grades and kind, and especially in Cheyenne, Lincoln and Keainey counties, and in fact, thoniih the settlers on the public domain were tirst-class ])e()ple, there were scattered all over the district the worst kind of criminals, and in almost all the counties there were the worst kind of murders and crimes com- mitted, and on the cattle ranges, among the employes, were a large number of murderers and outlaws under assumed names who had tied from the Routh and extreme southwest part of the United States and Indian territory. The district was full of horse and cattle thieves. Sidney, in Cheyenne county, then the outfitting and shipping point on the Union I'acific to and from the Black Hills, and where there was a miltary post, was a very tough place, infested by many of the very worst characters, and everything was run wide open without restraint. Ogallala, while it was the terminus of the southern cattle trail, was an- other place where the worst kind of criminals congregated, and North Platte was well represented by a similar class. Judge Caslin's experience in bis younger days with toughs and criminals, coming in contact with them as he went to sea and in knocking around the world, and the way he had seen justice dealt out in Canada and Great Britain, caused him to profit by his observations and to put a stop to crime by dealing out speedy, sure and severe punishment to confirmed and abandoned criminals, contending that the way to eradicate crime was to severely punish it, and he had the courage and nerve to fearlessly execute the law without fear or favor of any one. Jieing a man in his prime, and of iron will, untiring industry and application to the discharge of his judicial duties, and possessed of a strong constitution and physique of steel and perfectly fearless, running his courts from early morn until late at night, disposing of the business without any frills or delays and doing it as fast as it could be well done and imposing severe sen- tences on those who deserved them, he soon rid the country of the worst of the criminals and inaugurated a reign of law and order, making life and property safe. It was indeed fortunate that such a man was elected at that time. The people of the state, and especially those living in the old Fifth district are much indebted to him and owe him a debt of gratitude for what he did for them. His ch an-cut, uns()i>histicated. blunt, crisp way of running his court and dispatching business made him many enemies among the lawyers, none of whom had any pull on him, as, indeed, no one else. The first three years he was judge he presided over twenty-six murder trials, during the first six years forty-six. and during the sixteen years he was judge he presided AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 113 over sixty-eight and other cases of felony would have to be numbered by the hundred — in fact, during his term as judge, the warden of the peniten- tiary regarded him as one of his most reliable patrons. Though Judge Gaslin's district embraced about one-half of the state, and he traveled by wagon to reach two-thirds of the counties of the district, and had more criminal business than there was in any two districts in the state, yet he disposed of it all by holding court less than one-third of the time. Judge Gaslin, hale and hearty, is now residing at Kearney, where he has been quietly practicing law since he left the bench in 1892, spending the winter of that year, just prior to settling in Kearney, traveling in Old Mexico. ^rff Iratrnf Df Bmn ^Blmta. 0. K. Mathews. The writer of this sketch was born in Virginia in 1843. At the close of the Kebellion the state w^as so heavily laden with debt that every kind of business was at a standstill, and there were few^ openings. In the fall of 1873 1 was at Eichmond attending a horticultural and pomological fair, where I was greatly struck by a grand display of the products of Nebraska. I there made up my mind that the great fertile west was the place for me, and from that time until I set my foot on this side of the Missouri I had a bad case of western fever. In the spring of 1874 I helped to organize a party of eleven to go to Ne- braska. The party consisted of C. R. Mathews, Amos Broughan, Wat Sifford, H. B. Andrews, George Snyder and wife, William King, W. P. ToUey, Henry Lemon, J. H. Withers and a man by the name of Circle, whose first name I have forgotten. We arrived at Omaha on the 4th day of April, 1874. From Omaha we proceeded to Kearney, and thence to Loup City. At this place we hired an outfit for the purpose of exploring the unorganized territory in the Middle Loup country, fording that river at a point near where the village of Wescott now stands. There were no roads of any kind, and we pushed on over hills and across valleys, through thickets of plum brush, not knowing what moment we would meet with some obstacle that would compel us to retrace onr steps. When we reached Lillian creek it commenced snowing furiously. The banks of the creek were high and steep and the channel was 114 PIONEER HISTORY OF CUSTER COUNTY full of running water. Not being able to find any better crossing place, we went to work and shaved the bank down, carried our load over a little at a time, and succeeded in landing our outfit safely on the opposite side of the creek. The storm increased to a regular blizzard and we concluded to camp there for the night. The wagon box was taken off and braced up on its side to afford us some protection from the fury of the blast that now howled over Ex-Couuty Judge C. R. Matthews. the prairie driving the blinding snow into our faces with stifling force. An- drews climbed a large cottonwood tree, cut off some dead limbs, and soon had a blazing fire around which we lay wrapped up in our blankets, taking turns keeping up the fire through the night. The following morning was clear and bright and after a hasty breakfast we proceeded up the Middle Loup val- ley through big drifts of snow that made our journey both slow and tire- some. Near the mouth of Victoria creek we met some trappers who described the beauties of Victoria valley, with pure, cold springs gushing from its sides here and there. We followed up the creek until we came out on the hill just east of the present site of New Helena. We descended to the creek, but found the banks so steep that we had to bring into play a couple of long cedar poles that had evidently been used by Indians or trappers. We laid these across the narrow channel, pushed our wagon over on this frail bridge and resumed our journey in a northwesterly direction about two miles and a half until we struck what is known in Custer county as the Big Cedar canons. The one which we entered was a dense forest of cedar and other trees, with an under- AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 115 growth SO thick that it could hardly be penetrated. Pushing our way along this canon we emerged into a small clearing in the center of which stood an Indian wigwam. A cold chill ran over the party, but we soon discovered that the wigwam was empty, and took possession, spending a very comfortable night therein. After looking the country over a day or two we returned to Loup City, procured the necessary equipments for starting improvements on the claims we had selected, and were soon located in our new homes in the wilderness. This little settlement consisted of H. B. Andrews, Edward Nelson and the writer. Our nearest neighbors were at Loup City, a little village of about 100 inhabitants, where we did our trading. It was sixty miles from us. In the month of May, the same year, I met, at Loup City, George E. Carr and O. A. Smith, who had just arrived from Pennsylvania, and whom I induced to locate near us. The next settler was Ezra A. Caswell. Thomas Loughran took a claim further down the creek near the Middle Loup river. About the first of June Jacob Ross, with a large family of grown-up daughters, made quite a welcome addition to our little community. About this time the grasshoppers came along and devoured everything in the way of crops all over the state, a calamity which bore particularly hard on us, as our first crop in the county was completelj' destroyed before it was ready to harvest. In the spring of 1875 Nathaniel H. Drj^den and family, J. R. Forsythe and J. P. Bell came into the county. In September, 1874, I had the honor of being a delegate to the representa- tive convention which met at Plum Creek. This representative district at that time embraced seventeen counties and was entitled to one member. M. V. Moudy of Lowell, Kearney county, received the nomination and was elected. In 1875 we had abundant crops and immigration commenced to flow rapidly into the unorganized territory. During the winter of 1874-5 I circulated a petition asking the authorities at Washington to establish a mail route from Kearney via Loup City, Arcadia and Douglass Grove, to New Helena, and we received the first mail over the route on April 15, 1875. I was appointed postmaster at this place, my com- mission bearing the date February 9, 1875. Aaron Crouch, the mail carrier, received the mail at this office every Saturday. In May, 1876, there was a general uprising of the Sioux Indians, who resented the intrusion of parties who were at that time pushing through to the Black Hills. Most of the settlers in this county packed up their goods and hastened to Loup City. We rallied a few of the settlers and built a fort of cedar logs. I applied to Governor Garber for fourteen stands of arms iWTz^. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 117 and 2,000 rounds of cartridges, which we received, and most of the families that had flown came back. Isaac Merchant, George Carr, Jacob Ross, W. O. Boley, Samuel Wagner and his son, William, and the writer remained in the settlement while the other male members were removing the women and children to a place of safety. Our fears proved to be groundless, however. No Indians came to molest us. although a hunting party of Sioux camped for some time a few miles north of us. Most of the settlers came back that fall, a few only re- maining away until the following spring. This was formerly known as Kountz county, being so named after the banking firm of Kountz Brothers of Omaha. In the fall of 1877 the Olive brothers came into the county with 15,000 head of cattle and established a ranch near the mouth of the Dismal river. Their cattle spread all over the western half of Custer county, causing untold trouble to the settlers. The cattlemen employed a lot of rough men from Texas, who had no respect for the rights of anybody. The writer has spent many a long night in keeping cattle out of his cornfield. One incident will serve to show the annoyance to which we were subjected by these lawless characters. I had been contemplating a trip to Douglass Grrove late in November, and had gathered ten or twelve bushels of corn to leave at the house to feed my stock while I was gone. It was in sacks in a wagon and I intended to start the next morning. That evening Bob Olive, alias Stevens, rode up with about a dozen of his cowboys and twenty-five or thirty ponies. He walked into the house without going through the formality of knocking at the door, and remarked that it was "awful d — d cold." He kindly told me that if I would give him enough corn to feed his herd of ponies that he would not turn them out to help themselves. I told him that I hoped he would not turn the horses out, as they would tear down my stacks and that he could have all the corn he wanted if he would go out in the field and husk it. "What is the matter with this corn in the wagon?" he inquired. ''That is corn I brought up for my hogs while I am gone to Douglass Grove," I explained. He made no further remark, but deliberately emptied the corn out on the ground, where it was soon eaten up by the horses. The outfit concluded to stay with me all night without asking my permission, helped themselves to my coffee and anything else they could find, wrapped themselves up in their blankets and went to sleep. Olive was taken sick during the night with cholera morbus and routed his men out to see if anything for his relief could be found in the settlement. There was no doctor within eighty miles, so 118 PIONEER HISTORY OF CUSTER COUNTY they went to Mr. Boley's and came back with a bottle of camphor. Mrs. Ross also let them have a bottle of camphor, and Mrs. Forsyth, for a change, sent another bottle of camphor. Mrs. Loughran and Mrs. Merchant, having no other kind of medicine in their houses, also sent a bottle of camphor apiece. As the men came in one after the other with the camphor. Bob got as mad as a hornet and smashed the bottles on a saddle that hung in a corner of the room. During the same night our neighbor, Smith, had the honor of entertaining two or three of the cowboys. They piled into the bed alongside of him, with their clothes on, and enjoyed a good night's rest. When I got up the next morning I found one of my stacks of grain torn down and five or six horses on top of it. At one time Judge Holbrook of Kearney county, and the Sutton brothers of Kearney, Buffalo county, went up on the Dismal on a hunting excursion. They did not return, and the next spring their bodies were found pierced with bullets. Robbery did not appear to have been the motive for the mur- der, as nothing had been taken from their camp and their money and valua- bles were found on their persons. Two of the bodies were found lying near the camp and the other some distance away, and it is not known to this day who committed the horrible crime. In the year 1878 the little settlement on Victoria creek raised good crops and as a better class of cattle men began to establish ranches in the country the settlers got good prices for all the grain and produce they had to sell. Henry Smith and Ernest Tee located a ranch on the Middle Loup river about fifteen miles from New Helena, and the Finch-Hatton brothers one up near the mouth of the Dismal in the fall of 1878. About this time the settlers in the northern part of the county became dissatisfied on account of the great distance to a polling place, which practically disfranchised them. The Legislature was asked to enact into law a bill which I drafted and which passed. Following is the bill: ''Each board of county commissioners shall divide the county into con- venient precincts, and as occasion requires subdivide precincts or erect new precincts, alter precinct lines and whenever any portion of territory containing in the aggregate not less than one township of land nor more than four townships lying contiguous shall contain not less than fifteen voters, it shall be the duty of the board of county commissioners, upon receipt of a petition signed by a majority of such voters, to constitute such territory a new voting precinct." In the spring and summer of 1879 the crops gave promise of an abundant harvest and the settlers looked forward to a good return for their labor. They were celebrating the Fourth of July in the most approved style, eating, AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 119 drinkinj:: and making merry, when a cloud no bigger than a man's hand was observed in the northwest, which grew with alarming rapidity until it over- spread the whole heavens, and out of it came one of the most destructive hail storms this county ever experienced. The crops were literally beaten into the earth. Not a bushel of grain was harvested in Victoria valley that year. A few turnips sown after the hail storm were the only crop produced in that section. The log school house where the settlers were gathered to celebrate the Fourth, had three windows on the north side. The glass was broken into fragments by the hail, after which George Carr attempted the impossible feat of keeping out the storm by covering the three windows at one time with a blackboard long enough onl}- to cover two. Men, women and children crowded into the building, terror stricken, some crying, some praying, and, I am sorry to record it, a few swearing. The hail streak was about four miles wide and passed down Clear creek, cleaning out the crops completely in its course. The settlers had to haul their feed and seed for the next year from Grand Island and Central City, 120 and 130 miles distant. In 1880 we had good crops, but the hardships and privations of these pioneer days have been lived through, and while some have fallen by the wayside and still others gone to ''the land beyond the river," many of us remain to enjoy the fruits of our early trials, proud of our noble county and its splendid citizenship^ and confident of its continued growth and development. (Explotfe iif Mtk MUlon. The word "outlaw" sounds harsh to the average individual, and the thought at once presents itself to the mind that the person to whom it is applied must be a desperate character, and one having no right to life or liberty. This is altogether an erroneous idea. An outlaw is a man who in some way has violated the law of our land, and a very trifling thing may put one outside the pale of the law. The history of the individual whose name heads this sketch proves that the force of circumstances, rather than any inherent bad disposition, often causes men to lead lives which with other surroundings would be very much different. And while in his time Milton was accounted one of the most depraved outlaws that infested the plains, he has since reformed and rendered important service to the officers of the law. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 121 Dick Milton, which is not his true name, but which will suffice for this narrative, was born in Texas and came to Nebraska in 1875 over the trail of the immense herds of cattle as a cowboy. In 1876, during the Black Hills excitement, he worked for a big freighting outfit, Pratt & Ferris. He was night herder. It was his duty to take the mules or oxen belonging to the Powell Canon on the left of picture. A boy is standing on tlie stump of the tree where the hunter's team was found. outfit at night to some convenient feeding ground near the trail, herd them during the night and have them ready for a start in the morning. He slept in the wagons during the day as they traveled along. Roving bands of Indians infested the plains at this early day and they resented the encroach- ment of tlie white man, following wagon trains and watching for a chance to pillage and murder. This made the duty of night herder extremely danger- ous, and it took a man of iron nerve to serve in that capacity. The wages were high. Milton performed his work faithfully and to the entire satis- faction of his employers. It is on one of the return trips of this freighting outfit, at Sidney, Nebraska, that the career of this man, as an outlaw, begins. And, as far as we know, what transpired at this time and place laid the foundation for his many wild and daring deeds of outlawry. At that time Sidney was an important station on the overland trail. It was an outfitting station for Black Hills freighters, a favorite resort for gam- blers, desperadoes and the shifting and heterogeneous population of the border. It was also a military post. Among the many saloons and gambling houses that ran wide open in this lively frontier city, one of the most popular 122 PIONEER HISTORY OF CUSTER COUNTY was Joe Lane's dance hall, known in early days as the Saratoga house. On the night upon which the Pratt & Ferris freighting outfit struck the town, as mentioned above, this resort was filled to overflowing with a mixed crowd of freighters, mule skinners and others who had just come in for loads of freight for the Black Hills, watching for opportunities to flirt with the fem- inine portion of the crowd. This diversion was a great change from the monotony of their lives, traveling for days and weeks at a snail's pace over the long, dusty trail, sleeping in wagons at night with a Winchester for a pillow and expecting to be awakened at any moment by the blood-curdling war whoop of a band of savages. On this occasion they were determined to throw care to the winds for one night and have a good time. The place was full of gamblers, cowboys and bad men galore, seemingly from all parts of the earth. Some were gathered in groups in front of the bar drinking, others were singing snatches of ribald songs, while still others were watching the dancers who were whirling around in the giddy waltz. It was soldiers' night, and no one was allowed to participate in the dance unless he wore the uniform of blue. The hours glided by and the crowd became more mellow and the dance wilder. White-aproned waiters were kept busy rushing to and fro with drinks that were called for with increasing frequency by soldiers who were anxious to show their gallantry to their fair companions, even to the extent of blowing in their whole month's pay in a single night. The crowd around the bar grew more boisterous as the hours passed by, and drunken men wrangled and boasted of deeds that would bring the blush of shame to even their cheeks in their soberer moments. Milton and a friend were standing uear a soldier and his fair companion. The soldier wore the straps of a ser- geant. As the dance stopped for a moment the girl turned to Milton and, shaking her blonde curls saucily, taunted him about being out of luck in not wearing a uniform that he might join in the dance. The sergeant was greatly displeased with this familiarity upon the part of his companion with a com- mon herder of mules and oxen, and at the next pause in the dance he tried to force a fight with the young man, who tried to avoid any trouble. We have it from an eye witness that what followed was entirely the fault of the hot- headed sergeant, who forced the fight which ended his career. In a moment everything was confusion and uproar in the place and the two men were locked in a fierce struggle. The music ceased and a stampede was made for that part of the room in which the fight was going on. It was a mob of drunken and liquor-crazed men and women. Milton was getting the best of his antagonist when the other soldiers in the room took a hand in the fight and kicked and beat the herder unmercifully. The sharp report of a revolver was heard in the melee and the sergeant fell back into the arms of one of AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 123 liis friends. The lights were suddenly extinguished, leaving the great hall in total darkness and pandemonium indescribable. The trampling and fight- ing of the mob to reach the open air can be better imagined than described, and we leave the reader to imagine the scene that followed. The poor herder escaped in the darkness and confusion. A price was set upon his head. Friends offered to furnish money to defend him if he would stand a trial. He avoided his pursuers for a time, was finally captured and escaped to the wilds of northern Nebraska, which was at that time, to a great extent, unorganized territory, where bad men roamed at will knowing no law but the six-shooter and the bowie knife. Whenever he tried to work the blood- hounds of the law would get on his track and he was compelled to move on. At last he gathered a band of daring outlaws around him and it is said did a wholesale business in running off whole herds of ponies belonging to the Indians, and becoming a terror to law-abiding citizens. Milton fell in with a young man about twenty-five years of age, five feet ten inches tall, a fine looking fellow with dark hair and eyes, the last man on earth that one would have taken for an outlaw. This man and Milton took a liking to each other and naturally fell in as pals. For convenience we will call the young man Ed Smith. He and Milton seemed to be natural leaders and planned many daring raids which were carried out by the band. The Sioux Indians had thousands of ponies in the southwestern part of Dakota and the northwestern part of Nebraska, and this band would go up into that country, four or five strong, find a bunch of ponies ranging in the hills, wait until night and then drive seventy-five or a hundred of them south, traveling night and day until they were beyond danger of pursuit by the Indians. They would strike the North Platte river west of the town of North Platte, find a certain well known ranchman, sell the bunch, turn them across the river between the two forks, then come back and drift down the South Loup river. They soon became very well known all over the central portion of the state. Milton and Smith were both men of good address, pleasant sort of fellows, and assumed great credit to themselves because they never stole horses except from the Indians. In the degenerate days of the present, the code of morals by which these men regulated their conduct would appear a trifle lame, but in the wild days of which we are writing the aborigine was considered a common enemy Avho had no rights which white men were bound to respect or even consider. It is said that at one time Milton and Smith, with three men, made a dash on a bunch of horses and succeeded in getting about 140 of them. The Indians had lost so many ponies that they had become cautious and night-herded them, making it more difficult for the thieves to get the start of them. There was a short time, however, between the watches in the even- T*5S^:^, 126 PIONEER HISTORY OF CUSTER COUNTY Ed Smith and Dick Milton watching an opportunity to run off a band of Sioux ponies. ing when the ponies were not guarded. Taking advantage of tliis, ]\Iilton and his men made a bold danh, knowing that they were talving desperate chances. They crowded the herd at full speed all night, not knowing how soon they would have to turn and fight the pursuing owners of the horses. They headed for the Platte river, as usiuil, keeping their booty on the move night and day until they crossed the Middle Loup river, keeping a sharp lookout all the time for the savages. Not having seen anything of them, after crossing the Middle Loup they were lulled into security, and as men and beasts were alike worn out by their rapid and ceaseless flight, they concluded to stop in a small valley for a little needed rest and refreshment, and to let the ponies feed. Tnrning all their saddle horses loose with the herd of ponies, with the exception of one which they put on a lariat, they lay down to take a nap. They little dreamed that savage eyes were watching them from a high bluff a short distance in the rear. When they awoke they found themselves afoot and alone, many miles from any habitation, with very little provision and no horses, except the one that had been picketed near their camp. A man was put in the saddle and sent in hot pursuit of the horses, which they supposed had gone off of their own accord, but when he AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 127 came in sight of them he was thunderstruck to find that they were being driven back by a score of Sioux warriors. It is a mystery to this day why the Indians did not kill and scalp the men while they slept. Perhaps they had heard the old saw: ''It is best to let sleeping dogs alone." When the man returned to the camp with the newis of this alarming discovery a consultation was held, and one of their number was dispatched for provisions and a new mount of horses. A short time after this adventure Milton and Smith, with two or three others, were reconnoitering a large Sioux camp on the Niobrara river. Just as they had reached a position southwest of the camp a band of Sioux came dashing upon them from the southwest with a war whoop. They were on a ridge. To go west or south meant death at the hands of the savages, who were closing in on them from both of these points. To go east would take them into the Indain camp, which was now all confusion, with the sav- ages running to and fro, catching their ponies and securing weapons, having been aroused hx the war whoop of their companions. All the show for escape was to the north towards the river, which they proceeded to make for as fast as their horses could carry them, the savages only a little behind them in full pursuit, rending the morning air with their blood-curdling yells. In a few minutes the flying white men were on the bank of the stream, which they found to their dismay to be straight up over ten feet above the water. There was no time to look for a better crossing. The Indians, knowing the situation and feeling certain that they had the enemy at bay, redoubled their yells and rushed forward like a pack of demons. There was but one alternative open to the hapless Milton and his companions, and that was a leap for life into the boiling flood below. The leap was made, horses and riders disappearing under the icy cold waters of the river, but soon emerging and reaching a small island in the middle of the stream, covered with a dense growth of underbrush, into which they pulled themselves and horses and prepared to defend themselves in case they were followed. But the Sioux did not follow, and contented themselves by firing a few shots into the thicket which did no damage. A funny anecdote is told of Milton when visiting a cattle ranch at one time. A cowboy was having an immensely good time by making an old man dance. Every time the old man would stop the cowboy would shoot at his feet and make him go at it again, until he was almost exhausted. Milton looked on a few minutes and thought he would take a hand in the game. He motioned the old man to one side and ordered the cow puncher to give an exhibition of his skill as a terpsichorean artist. The cowboy thought Milton was joking at first, and hesitated, but a shot from an ugly looking gun plough- 128 PIONEER HISTORY OF CUSTER COUNTY ing up the dirt about an inch from his big toe set his feet to going, and he had an opportunity to quit only when he dropped down in a heap from sheer exhaustion. When he recovered his breath and his senses he was advised to take some one of his own size and age the next time he wanted any fun of that sort. Upon another occasion Milton was riding along the Niobrara river when he discovered another horseman riding along leisurely ahead of him, going the same way. He spurred up his horse and was soon alongside the stranger, who was a gawky young country bumpkin, about eighteen years of age, with a big revolver stuck in his belt, and wearing high boots with red tops. The following conversation took place: "Hello, young man; where are you bound?" "Well, I'm bound west just now." ^'I'm going the same way and I'll accompany you. Are you a stranger in these parts?" "Yes, sir. I have been to see my brother up in Holt county, and there is a d — d old horse thief named Dick Milton who is scaring everybody out of their wits. I wish I could get a look at him. He couldn't scare me." Milton looked the green looking fellow over and concluded, to use a western phrase, that he was "windy." The}' jogged along chatting sociably for awhile, the young fellow taking occasion every few minutes to express his opinion of the horse thief. Milton finally became tired of this sort of thing, and drew his revolver out and said: "Young man, you are talking to Dick Milton," at the same time reaching over and taking the revolver out of the young fellow's belt. "Now, young man, you're entirely too fresh for this country, and I'll have to ask you to turn that outfit over to me and hoof it if you are going any farther." The boy took the matter very coolly and replied: "Well, you have the drop on me. You are perfectly welcome to the out- fit, but it's pretty tough on a fellow to be turned loose a-foot ten miles from anywhere." "Never mind, young man; it will teach you a lesson not to be so funny the next time you meet a stranger; so now you had better get off that horse and take to your hoofs." The boy paid no attention to this invitation, but continued to argue the matter until it was finally agreed that he might ride until they came to a sheep camp a few miles ahead, where he was to turn his horse over to his com- panion. They rode along, talking about this and that, and every little while the boy would scratch his leg furiously, make a wry face and complain that the fleas were eating him up, which he said he had gotten at the ranch where AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 129 he had slept last night. Milton paid no attention to the actions of the boy in his fight with the fleas. When but a short distance from the sheep ranch where the boy was to deliver np his horse, Milton, who had been looking the other way, turned towards the boy and found himself looking down the barrel of an ugly looking revolver which the young man had fished out of his boot during one of his excursions after fleas. "Now, sir, you turn over them shootin' irons and you hoof it." Milton saw by the determined look in the boy's face that he had caught a bad man, and thinking discretion the better part of valor, surrendered as gracefully as possible under the circumstances, while the kid coolly divested him of his arms and also the revolver which he had taken so adroitly from the boy but a few moments before. Then, riding backwards on his horse, rode off, leading Milton's horse and eovering Milton with his own Winchester, till, reaching a small hill, he placed his fingers to his nose and disappeared. Milton was never able to locate him, but we have our suspicions that it was the same green looking youth held up by the vigilants at Oarnes' bridge, and who found they had caught a tartar. (See Lynching of Kid Wade.) In the fall and winter of 1878 Smith and Milton made the South Loup their headquarters, Olive's ranch being a favorite resort. The ranchmen did not care to make enemies of these men, as their stock were scattered from ten to twenty miles in every direction, and were at the mercy of such char- acters unless they took the Judge Lynch method of disposing of them. For this reason they were allowed to stay about the ranches by common con- sent. Milton and Smith had some amusing experiences in dodging the sher- iffs, Pat O'Brien of Custer count}"-, and Dick James of Dawson county. Both of these ofiicers would have liked to capture the outlaws for the sake of the reward that was offered. Pat O'Brien called on several ranchmen one night to help capture them. Among the men present were Al Wise, Frank Cozad, Milo Young and Anton Abel. The men were suppoised to be at the Olive ranch, which was surrounded and watched the long night through-- only to find in the morning that the birds had flown and were discovered on a high bluff near by with a field glass marking the besiegers for future reckoning. That day the two daring men called on every man who had been in the party and gave each to understand that in case the offense was repeated that they might expect trouble. They played a game of hide aud seek with the sheriff for several days. O'Brien would ride up to Al Wise and inquire if he had seen Milton to-day. Upon receiving an answer in the negative he would ride away to interview the next neighbor. About as soon as he was out of sight Milton would ride up and inquire of Al if he had seen anything of Pat AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 131 O'Brien that day. Upon being informed that the gentleman had just that moment disappeared over the hill, he would get off his horse, help Al with whatever work he was doing for a while, and then ride off in the wake of the sheriff. One day he was at the Olive ranch, when who should walk in but Pat O'Brien. Quick as lightning Milton was on his feet with a 44 Colt's almost in the face of the astonished sheriff, who, for an instant, thought his time had come, as he looked down the muzzle of the huge weapon that almost tickled his nose. Milton coolly said: ''Are you looking for me, Pat?" "N — No, sir," gasped Pat. With an oath the other replies: "Well, Pat, it's an awful good thing that you're not." With this he made his way to the door, covering the sheriff with his revolver as he backed out, and disappeared. O'Brien remained in the house for a short time chatting, and when he went out found that Milton had taken his horse and left him to go a-foot. One night Milton and Smith were stopping at the Cottonwood ranch, near where Callaway now stands, when the mail carrier drove up and handed John Dyer a letter. Smith stepped up and said: "I wouldn't mind seeing that letter." Dyer tried to put him off by telling him it was from his sister. Smith coolly pulled his gun, took the letter, read it and passed it over to Milton. The letter read as foUowis: Plum Creek, Neb., 187—. Mr. Dyer: Dear Sir — ^Dick James is coming out to arrest M. and S. You will give him all the assistance you can. Yours truly, PHIL DUFRAND. The writer of the letter was foreman of the Cottonwood ranch, and at this time was in the Plum Creek jail as an accomplice of the Olive gang, and Dyer had been left to take care of the ranch during the enforced absence of the regular foreman. Smith turned to Dyer and said: "I guess I'll have to trouble you for a fresh horse this morning, as mine is rather jaded." Dufrand had a fine driving team by the name of Frank and Fox and Smith saddled Fox and the two outlaws rode away. It is needless to say that Dick James and his poisse made a waterhaul. As soon as James had gone back to Plum Creek the two men returned and Smith left the horse he had borrowed in the morning and took his own. 132 PIONEER HISTORY OF CUSTER COUNTY The last time that Milton and Smith were in Custer county was in 1879. They were stopping at the Olive ranch, and Kid Wade aud Black Bill were with them. When next heard of they were at the Water Hole ranch, four- teen miles north of Sidney. They had gone from the Olive ranch To the CJot- tonwood ranch and took Frank and Fox with them. Jim Gray, a cowboy, who was sleeping in the barn, put up a stiff fight, but the outlaws returned his shots with interest w^henever the flash of his revolver showed where Gray was. They got away with the horses just to pay off Phil Dufrand for trying to help capture them. From the Cottonwood they proceeded, first making a call at the Brighton ranch and Frank Cozad's, While at the Water Hole ranch the officers got wind of their whereabouts, and they prevailed upon a gambler and desperado, named McDonald, who was acquainted with Milton, to go out and persuade the two men to come to Sidney. Milton was too wary to be caught in that way, but Smith (being a stranger) took the chances and accompanied the gambler back, riding Dufrand's horse. Fox. McDonald persuaded Smith not to go heavily armed, as it would arouse suspicion. As they entered Sidney they rode through a freighter's camp, when the officers sprang out and shouted: "Throw up your hands!" At the same moment McDonald jerked away Smith's revolver and pinned his arms to his side. Smith threw himself from his horse, wrenched himself loose from McDonald's grasp, and would have gotten away had an officer not filled him with a load of buckshot which ended his career on the spot. Milton heard of this and made his escape to a more congenial clime. A short time after this McDonald mur- dered a liveryman in cold blood at Sidney, which so incensed the citizens that they took him out to a telegraph pole, placed a ladder against it, fixed a rope with a hanging noose and gave him the choice of hanging himself or having it done by them. The miserable wretch, seeing that there was no escape for him, climbed the ladder, adjusted the rope about his neck, said ''good day, gen- tlemen," and jumped off into eternity. Detectives soon got on Milton's trail and determined to capture him by fair means or foul. They sent him word that they had a pardon for him, signed by the governor, which in order to become effective would have to be signed by Milton, with a promise to lead a better life in the future. Of course this was a ruse to get hold of Milton, but it appeans that he took it in good faith. A meeting was had and Milton agreed to sign the document and reform. Hazen and Llewellyn, the tw'o detectives, and Kid Wade, accompa- nied by Milton, started to a house to get pen and ink to sign the paper. There was a dense thicket on the road which they had to pass by on their way to the house and the detectives had previously placed a man in this thicket to kill Milton as he passed by, as it did not appear to be a part of their plan to AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 138 try to take him alive. They rode toward the thicket, Llewellyn ahead, Wade next, Milton third and Hazen behind. As they got opposite the timber the man conceak^d attempted to carry out his part of the program, but his gun missed fire, and quick as a flash of lightning Milton saw that he was in a trap. He turned and shot at Hazen, who had dropped from his horse on the oppo- site side and who shot Milton very badly through the hip, causing him to fall from his horse which galloped away carrying his Winchester with him, which no doubt saved the detective's life. With an oath Milton chased Hazen around his horse, saying: "You have given me my death wound and I'll give you yours," shooting him three times and leaving him for dead. The man in the thicket did not stop to see who came out ahead in the fight, but got away from the vicinity as fast as he could. As he played the part of a murderer and a coward we will not chronicle his name. As soon as the shooting commenced Kid Wade drew his revolver and commenced firing at Llewellyn, and it is said that an exciting running fight followed, both men firing at each other while their horses were on the gallop. The Kid's revolver became emptied first and 1)6 turned out of the road to seek safety, while Llewellyn never drew rein on his horse until he reached Fort Hartsuff twenty-five miles distant, where he got together a squad of soldiers headed by Happy Jack, a United States scout. They found Hazen still alive. Happy Jack soon located Milton, who surren- dered. He was tried and sentenced to five years' imprisonment, but shortened his term a year and a half by good behavior. When he got out of prison he declared he was tired of the kind of life he had been leading and promised to settle down as a law-abiding citizen. He kept his promise and was upon sev- eral occasions instrumental in assisting to bring criminals to punishment. Milton is at this time a business man in a neighboring state, is marshal of the town in which he lives and is doing all he can to atone for the exploits in which he took a prominent part in the cowboy days of central Nebraska. €1)2 QLoU^U. The coyote Avhose photograph, taken from life, appears here, is one of the natural productions of Custer county, where, on account of his chicken- stealing proclivities, he has been voted a pest and a nuisance. Perhaps we can not more fittingly conclude our description of the coyote than by reproducing the following extracts from the pen of George B. Mair of 134 PIONEER HISTORY OF CUSTER COUNTY A Howling Success. the Callaway Courier, which we find in an old file of that paper and which seems to fit the animal pictured above to a dot: ''The coyote is quite a large animal, although some of them are not so much so. They do most of their rustling nights, when honest folks are sup- posed to be in bed, and attend to their sleeping in the daytime. Once in a while one stays out until after daylight. On such occasions he may be seen making a sneak across the prairie in the direction of his hole, with his tail be- tween his hind legs, looking about to see if he has been discovered, and trying to invent some story to tell his wife when he gets home. "What he lacks in beauty is more than made up in ugliness. The knowl- edge that he is no beauty has undoubtedly soured his originally sunny disposi- tion and caused him to shun society and look out of the corners of his eyes. "The crowning glory of the coyote is his magnificent voice. We have heard the roar of the fierce Numidian lion in his den at Forepaugh's circus and the melodious yahoo of the jackass, but we never realized the weird and sublime power of music until we attended a moonlight rehearsal given by a pack of coyotes the first night we strack Custer county. "But civilization and poisoned meat are getting in their deadly work AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 135 among him. Some day the last gray-headed patriarch will sit on the brow of 3'on beetling cliff, with his form silhouetted against the rising moon, and he will be seen no more. "And a weatherbeaten pelt hanging onto the end of an old corn crib will be the only remaining relic of a vanished race." ^mxxl) fnr fI;B ^ilnBr Mi^tial (By S. D. Butcher.) ''Good morning, colonel; I'm glad you came in, as you may be able to help me solve a mystery, as you are an old resident of Custer county." "At your service, sir," replied the colonel good-naturedly. "What can 1 do for you?" "Well, colonel, the fact is that while Mr. Westbrook was digging a water main near the Globe hotel in Broken Bow a few days ago he dug up from six feet underground a rusty looking object which was circular in form and about twice the size of a silver dollar. Upon cleaning off the rust with which it was incrusted he found that it was a silver medal. Mr. Westbrook has already been offered fifty dollars for it." "Why, that is surely remarkable. Can any of the characters be discerned on the medal?" "Yes, indeed; they are remarkably plain and well-preserved to be seventy- five years old. The medal weighs about two ounces and bears on one side this inscription: 'James Adams, President U.S., 1825,' with a picture of the president; on the other side are two clasped hands, one of which has a coat sleeve, showing civilization, while the other is bare, indicating that of the savage, while above the hands is crossed the pipe of peace and the tomahawk with the words: 'Peace and Friendship.' There is a hole bored in the medal at the top which shows to my mind that it has been worn around the neck of some person — ^presumably a dusky warrior of the plains — and that it had been given by the President as a token of some treaty of peace. But what puzzles me is to account for its being found buried six feet under the ground i^ Broken Bow. What is your theory, colonel?" The colonel's eyes sparkled with their old-time fire as he answered : "Well, Mr. Historian, for once you may consider yourself a lucky man, as I believe I can solve the mystery." 136 PIONEER HISTORY OF CUSTER COUNTY Sioux Warrior on Guard. THE COLONEL'S BTORY. While camped on Wood river during the '60s, liiintiug bulfalo and stalk- ing elk, I became acquainted with a very genial and intelligent Irishman by the name of Mike O'Raffert}-. Mike was a grand specimen of the hardy fron- tiersman. He stood fully six feet two in his stocking feet, long dark locks flowing down over his shoulders, large, honest blue eyes that always sparkled with fun and good humor, a happy-go-lucky sort of fellow that always took the world in a general sort of way. He was withal a great gossip and possessed of a very inciuisitive temperament which often led him into trouble, out of which, however, he always managed to extricate himself in such an innocent and smooth way that one could hardly tell whether the mistake was not pre- meditated. It was late in the fall and I had been having splendid success for the short time I had been at this place. So far I had seen no hostile Indians, but ugly rumors had reached my ears of a large band of Sioux warriors having been seen some twenty-five or thirty miles further north, near Muddy creek, AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 137 between the South and MidcUe Lonp rivers. Keport said they had on their war paint and that tliev seenud to he lieadin*; for the north side of the Muddy valley to a point where from some liigh bhili's columns of smoke could be seen ^' M. M •p)- \ Uncle Swaim and Aunt Sarah on their Fish Pond. Aunt Sarah has just caught a flue fisli. Uncle Swaim seems not to be so successful, maybe on account of the kind of bait he uses, which can be seen in his end of the boat. ascendino-. Now, if this were true, every precaution must be taken not to be discovered, for the Sioux in peace and the Sioux in war are two entirely differ- ent propositions. Since the day before I had built no fire and was anxiously awaiting the return of Mike who had gone north about a week before. I knew he was cautious as he was brave, and would take care of himself unless he were ambushed. Al. Burger, alias Dick Seymour, or Bloodj' Dick, as he was sometimes called, and his brother, stayed with me all night and confirmed the rumor. These young fellows were buffalo hunters and trappers and were on their way to North Platte with furs. (I met Bloody Dick a few days ago and he tells me that he has married and has been living on the Middle Loup since 1882.) Our camp was in a deep ravine or dry gorge covered completely over with a dense growth of timber or underbrush, and amply hidden from sight of any 138 PIONEER HISTORY OF CUSTER COUNTY prowling savages that might pass up or down the valley, unless they stumbled upon us by accident. The day wore along and Mike failed to put in an appear- ance; the sun sunk into the western horizon in a halo of glory and the night came on apace. The little screech owl quavered out his mournful and sleepy notes as if he were cold. They had hardly died away in the night air before a sharp, plaintive wail was heard, like a human being in distress, which gradually rose higher and higher until it became a shriek which then grew fainter and fainter until it seemed a mile aw^ay. Then suddenly the stillness was broken by its mate answering from an adjoining tree. These bobcats had scented blood and were figuring on making a meal from the saddles of a fine black-tailed deer which I had killed the day before and hung up temptingly on a limb just out of their reach. The darkness was so intense that it could almost be felt, and I did not retire until long after midnight. As I sat in the solitude of my surroundings every facultj^ of hearing was at constant strain to catch the first footfalls of old High-Knocker, Mike's old sorrel horse, of whom the owner was as proud as a girl of her first beau. And justly so, for he was a fine specimen of horse flesh, a thoroughbred racer, and could easily distance any pony the Indians possessed, and had often carried Mike out of danger when he was hard pressed by the red devils. The moon arose clear about 10 o'clock, but still Mike did not appear, and no sound could be heard but the sharp and angry bark of a pack of coyotes as they fought over the carcass of a horse which had belonged to a freighting outfit pushing through to the Black Hills. Finally becoming tired of watching and waiting I retired to my dugout, or cache, in the bank, rolled myself up in my blanket and passed the remainder of the night in fitful slumber, filled with horrid dreams wherein was mixed the little screech owl with his great eyes, and the bobcat glaring at me from his tree with balls of fire, while Mike had been killed by the bloody savages and I was on old High-Knocker flying for my life with the Indians in full pursuit. I was awakened by a slight crackling noise near me and I started to my feet grasping my trusty rifle. I saw Mike standing in the door of our rude little hut with a look of grave importance on his face. I glanced out past him and discerned the sun shin- ing brightly and old High-Knocker standing in the bottom of the gorge with drooping head and foam-flecked sides, showing plainly that he had been ridden long and hard. I pulled myself together and said: ''Good morning, Mike; you look like you had seen the ghost of your grandmother; speak up, man; what's the news?" "Och, sor, news is it? Sure an' there's news enough. The rid divils is all stured up for sure this toime, an' it'is not the loikes of me that's goin' to be AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 139 sthoppin' round here much longer an' have me top knot raised be some thafe wid a tommy hawk." "Well, Mike, tell me about it," "Well, ye see, sor, I had rached the Muddy valley, and found the shmall strame they call a creek and picked me out a campin' place near a big hill where I could see — " '^But, Mike, what about the Indians?" "Aisj', now, colonel; I'm gettin' to that. I had found baiver signs and was procadin' to — " "Yes, Mike, but tell me about what you saw." "Beg your pardon, colonel. As I was sayin', I looked up the valley and thin I looked down the valley, an' I says to mesilf says I, 'here's the foinest valley in Nebraska for farmin', an' ' — " "For heaven's sake, man, don't be >so garrulous, but tell me about the Indians if you saw any." "Saw any, did ye say? Now wouldn't that kill yez. Do you suppose I'd have ridden ould High-Knocker loike that just for the fun of the thing? As I was sayin', I looked acrass the valley an' I saw a sight that made me hair push me hat aff me head, so I did. I saw three big pillars of shmoke arisin' out of the bluffs on the other side. Sez I to mesilf, sez i, that ould spalpeen, Crow^ Dog, is up\to some of his devilmint. An' as it was near sundown I sez to mesilf, sez I, I'll see phwat the ould haythen is up to. I gave High-Knocker some grain I had in a sack and ate some baiver tail and could potaties, not wishing to make a fire. I waited till darkness surrounded the horizon, know- ing that the moon didn't rise till — " "For goodness sake, Mike, come to the point and tell us what you know." "Well, sor, that is just phwat I am procadin' to do as fast as I can." "Mike, if you ever want to ask a girl to marry you, and you are as long in getting to the popping point as you are in telling what you saw on this trip, the girl would probably go to sleep and miss the half of what you said and never know how near she came to becoming Mrs. O'Raffertj'." "I see ye're pokin' fun at me now, colonel. As I was sayin', there would be no moon till tin o'clock, so, tightening the cinches on ould High-Knocker, lookin' to see that me revolvers was handy, an' takin' me directions be the north star, cautiously — " "Look here, Mike, you are drawing on your imagination for the north star, for it was so dark last night that it couldn't be seen ten feet." "That's thrue, sor, but I located the north star before sundown — in fact, «arly in avenin' — and I thin followed the direction. Foinally I shmelled shmoke and bv follvin' the scint I came to the fut of the bluffs, hobbled ould AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 141 High-Knocker, thin cautiously worked me way toward the shmoke which came down from the other side av the bluffs. Whin I rached the top and looked over it chilled the blood in me yeins, so it did. But I sez to mesilf, Bez I, 'Mike O'Rafferty, sure ye are no coward, an' this is not the first tight place ye'ye been in wid the rid spalpeens, an' ye'ye come here to find out phwat that ould Crow Dog, is up to, and yondher he sits be that big camp fire, wid 500 haythens seated in a circle if there's fifty. He is holdin' a council of some kind an' ye must hear phwat he says.' So maneuyerin' to take advan- tage of the inimy's position, as our captain used to say, I shliped along in the darkness to within a few fate of Crow Dog, and where it would haye been rery awkward to haye explained me business to the ould haythen without lyin' about it if a sthray dog had shmelled me out. Whin Crow Dog rose to his fate and waved his hand, I could hear the batin' of me own heart, and the war paint shmeared on the faces of the rid diyils flashed in the fire till they looked like painted fiends." The colonel stopped, lit his pipe and continued: ''Here is the substance of Mike's story, when put in English: Crow Dog spoke as follows: "My brothers, the heart of Crow Dog is heavy to-night, and he feels that the greatness of the Sioux nation is fast passing away. For many moons we have been badly beaten by our mortal enemies, the Pawnees. Crow Dog sees his warriors fall like blades of grass before the prairie fire, and our foes are fast gaining possesion of our hunting ground, where our fathers for ages trapped the beaver along the beautiful streams and chased the elk, the deer and the buffalo across the grassy plains. But all of this has changed and Crow Dog has found a cause for the change. He has called his warriors together with the talking smoke. You have obeyed and it is well. A very great evil has befallen us. You know our great paleface father at Washington gave our father's father. Eagle Claws, a silver medal with the picture of the great father on one side. On the other side was the hand of the pale face father clasping the hand of Eagle Claws. Above this the pipe of peace and the towahawk, and the words. Peace and Friendship. This medal was always worn bj' Eagle Claws, suspended by a thong of deer- skin around his neck. While he wore it he was successful in the chase and conquered all his foes. When he went to the happy hunting grounds he gave this token from the great father at Washington to his son, my father, Rolling Thunder, who was always victorious in battle, and who, when he went to join the Great Spirit, gave it to his son. Crow Dog, saying: 'Keep this, Crow Dog, and wear it next your heart, and you shall have many scalps of the Pawnees to wear at your belt. But beware the day you lose this token.' You have heard that many moons ago, over there to the southwest, on the banks of 142 PIONEER HISTORY OF CUSTER COUNTY Custer County's Best Crop. the Muddy water, where stood the lodges of our nation, a bloody battle was fought w^here Crow Dog met Stalking Elk, his Pawnee foe, in a death struggle. Crow Dog came out victorious, but he lost the silver medal. His spirit is broken. He is like a sick squaw. He has no spirit for the chase or for battles unless the medal can be found. Now, O, my warriors. Crow Dog has spoken, and to-morrow at the rising of the sun we will search the ground where once stood our lodges and the great battle field for the silver medal, and I will give fifty ponies and my daughter, Laughing Brook, for a wife, to the warrior that finds the token. Go to your tents, O, my brothers, and to-morrow we will make diligent search. Then sharpen your scalping knives and prepare for the war- path, as our Pawnee foes are camped a day's ride to the southeast killing our game. Their village is strongly guarded, but we will use cunning to outwit them. We will drive a herd of buffalo out on the valley below their village, and while their young men are chasing our game we will crawl up through the grass and scalp and kill their old men and squaws." ''So, sor, afther hearin' this spache by the ould haythen I says to mesilf, sez I, Mike O'Kafferty, its high toime ye was sthrikin' camp and making thracks for home. So here Oi am." AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 143 jftu j©Iti ^Bfiler's ^{nry. In writing- these reminiscences I hesitate, thinking that perhaps they might as well remain unwritten, but upon reflection I have concluded that to remain silent would not be doing justice to posterity, to whom, perhaps, every circumstance that occurred in the early settlement of Custer countv may be T. J. BUTCHER, Gates, Neb. MRS. T. J. BUTCHER. valuable. This pioneer history is made up largely of the personal experiences of those who blazed the way into the wilderness and endured the trials and hardships incident to a pioneer settlement. Being one of these pioneers, although less prominent than many others who have recounted their expe- riences in this work, I feel that it is my duty to contribute my mite to the general store of facts of which this work is composed. The writer was born at Burton, Wehetzel county, West Virginia, January 24, 1856, from which place my parents removed to LaSalle county, Illinois, in the spring of 1860, where my father, T. J. Butcher, accepted a position with the Illinois Central railway to pump water, a position he held for almost twenty- one years, resigning to immigrate to Nebraska. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 145 I learned the photograph business in 1874, but was taking a vacation and was engaged in traveling for a firm at Clyde, Ohio. I received a letter from my father stating that he had sold out and was going to move to Custer county^ Nebraslva. I was very much surprised, and, while in a good position, I was beginning to tire of traveling about from place to place and had already thought seriously of seeking my fortune in the great west. March 9, 1880, saw two covered wagons slowly wending their way west- ward from Lostant, Illinois, with 700 long miles ahead of them. These prairie schooners contained T. J. Butcher, G. W. Butcher, his second son, J. R. Wabel, his son in-law, and the writer. We would travel as long as daylight lasted, then prepare supper and roll up in our blankets to get what sleep we could be- fore daylight the next morning. I was unanimously elected cook (as I was popularly supposed to be good for nothing else), the ague which still clung to me not exempting me from work. My father was always an early riser, and every morning about half past 3 or 4 o'clock would caU me up to get breakfast, with the mercury sometimes near zero, and my feelings often from ten to twenty below. Here was roughing it with a vengeance for a tenderfoot who had not done a hard day's work for twelve years, and who had never slept for one night out of doors before undertaking this trip. By the time we reached the Mississippi river my ague had disappeared and when we got as far as Nebraska I had an appetite that made a crust of dry bread taste like a plum pudding. We arrived at T. W. Dean's place, two and one-half miles west of West Union, in the Middle Loup valley, Custer county, Nebraska, just seven weeks from the time we started. I considered this the finest country I had seen since leaving the East, for a poor man seeking a home. My father located a claim in section 28, township 20, range 20, and put down a well, determined not to remain here if good water could not be obtained. At the depth of twenty feet he procured a bountiful supply of clear, soft water. From this on all was bustle and activity to secure claims and return to the land office at Grand Island, a distance of ninety miles, to file on them. The trip was made in about six days without any serious mishap. My sister met us at Grand Island and I was released from further household cares and duties. We commenced to settle up the county by digging a hole in the ground and drawing our wagon cover over it, which served as a habitation until our first sod house was completed. The house was 21 by 31 feet in size and it was here that I took my first lessons in sod laying, which resulted princi- pally in wearing out my hands and my patience. I soon came to the conclu- sion that any man that would leave the luxuries of a boarding house, where they had hash every day, and a salary of |125 a month to lay Nebraska sod 146 PIONEER HISTORY OF CUSTER COUNTY for 75 cents a day, even if there was a ''gintleman" on the top of the wall to do the work, was a fool, and I remained only six weeks. About eight days before the house was completed our provisions gave out. There was nothing to eat except some shorts that we had brought with us to feed the horses. This would not have been so bad had the kerosene can not leaked into the shorts and gave them a flavor that was anything but appetising, but we sub- sisted on it until we were ready to return to Illinois after the balance of the family. We left on May 19th, my father and myself, for Illinois, and my brother- in-law for Grand Island to get supplies to last until my father returned with Looking east on Lake Hazel on the farm of S. D. Butcher, the most beautiful set of lakes within 100 miles. ray mother and my youngest brother, Abner, my brother George being left on the claim to break sod and plant sod corn. When about twenty-five miles this side of Grand Island, on our way to Illinois, we stopped for the night and picketed one of our horses — a blind one — and turned the other two* loose to graze. About daybreak the next morning we made the discovery that our horses were gone. Wabel and I followed their tracks through the wet grass, supposing they had gone but a short distance. The sun soon came up and dried the grass, but the country being sandy we easily followed their tracks, which were directly towards Grand Island. About noon we struck the house of a settler, where we got breakfast, and were informed that some horses had passed about daybreak. We followed on after them and about the middle of the afternoon saw a man who had tried to catch them, but failed. We AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 147 hired him to take us on in pnrsnit of the runaways, which we finally found tied behind a farmer's wagon just leaving Grand Island. The farmer had caught and advertised them, and was taking them to his place ten miles in the country. He appeared to be as much chagrined at having to give them up as we were pleased to get them back. Some time after we had been gone my father hitched up the blind horse, put on a stay chain, and came to Grand Island, getting there soon after we did. While w^alking along beside the horse in the opposite track he lagged behind and got his foot caught in the wagon wheel, which crushed some of the bones and crippled him for many weeks. I will now pass over several months which have no connection with this history and take the reader back to Grand Island at the time of my return from the East to take up my residence on my Custer county claim. The six months' time I had to make good my claim w^as up except three days, and I had some difficulty in getting a horse to enable me to get to my place in time. But I finally succeeded in procuring an old cow pony that the crowds had a mortgage on, with three or four gum boils on his back and sundry other peculiarities to match. Talk about Phil Sheridan's ride! Why, he had only twenty miles to make on a fiery black charger that needed only a slack on the rein to make him fiy like the wind, but I had to cover ninety-nine miles on an old crow-bait and build a house w-ithin seventy-two hours. I stood it pretty well for twenty miles (the distance that Sheridan rode), w^hen the vio- lent shaking up began to tell on me. Every step he made was likely to kill me. He rode easily enough if I kept on the lope, but whenever he came to a draw^ or a low place in the road he came down on both legs as if they had been made of two iron bars, while no persuasion of whip or spur could induce him to more than creep until the opposite side of the depression had been reached. And these depressions occurred with painful regularity every fifty or 100 yards. I wished more than once that the claim was more than 2,000 miles away, so that it would be no use in my trying to get there, but as all things have an end, so had my ride. I covered the ninety-nine miles in a day and three-quarters, arriving on my claim nearer dead than alive, but to my sur- prise the old horse seemed good for another trip. The next morning my father and two brothers, with the assistance of an ox team and a scraper, helped me to construct a dugout, and my brother Abner and myself slept in it that night. On the following morning we saw some fresh deer tracks within a hundred feet of my dugout, and the same day a man was sent by a kind neighbor (who had been watching it) to jump my claim, but he found the owner with a house up aud living on it. O J3 '2 o ^5 ■S .5 Em '3 AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA, 149 I bad to ride 99 miles on that old crow-bait iu 72 bours, build me a bouse and be living on my claim. FAREWELL TO MY HOMESTEAD SHANTY. Farewell to my homestead slianty; I have my final proof; The cattle will hook down the walls. And someone will steal off the roof. Farewell to my sheet iron stove That stands in the corner all cold; The good things I've baked in the oven In language can never be told. Farewell to my cracker-box cupboard, With a gunny sack for a door; Farewell to my store of good things That I never shall want any more. Farewell to my little pine bedstead, 'Tis on thee I slumbered and slept; Farewell to the dreams that I dreamt, While the fleas all over me crept. Farewell to my down bolstered chair, With the bottom sagg'd down to the ground Farewell to the socks, ishirts and breeches That fill it again to the round. 150 PIONEEE HISTOKY OP CUSTER COUNTY Farewell to my nice little table, Where under I've oft put my feet. Then chose from the bounty of good things The substantials of life for to eat. Farewell to my sour dough pancakes That none but myself could endure; If they did not taste good to a stranger They were sure the dyspepsia to cure. Farewell to my tea and my crackers; Farewell to my water and soap; Farewell to my sorghum and buckwheat; Farewell to lallacadope. I remained in Nebraska this year just two weeks, relinquished my claim back to the government, and went to Milwaukee, Wisconsin. I would not have remained and kept batch for five years for the whole of Custer county. I give the young man who has gone through such an ordeal great credit for his endurance. But I had just seen enough of the wild west to unfit me for living contentedly in the East, and after passing the winter of 1881 and the spring of 1882 in the medical college at Minneapolis, Minnesota, I was married May 16, 1882, to Mrs. Lillie M. Hamilton, formerly Miss Lillie M. Barber, and began to lay plans to return to Nebraska. The result was that on October 20th of the same year we arrived at my father's place, where we remained all winter, during which time I taught school in the Predmore district and earned enough money to build a photograph gallery 18 by 28 feet, made as follows: We placed six-inch fencing boards up edgewise every two feet, then lathed them both sides, piled clay up around a post, caught a couple of steers, walked them round and round on the clay, adding water until the mud was mixed to the proper constituency, after which we filled in between the laths, making a wall six inches thick. The building was roofed with sheeting. By this time our money was all gone, and we yet had six windows and a skylight and side light to fill. My wife proposed that we fill them with cotton cloth. We moved in on June 20, 1883, and our cloth windows served admirably for some time. I borrowed some money to get my photographic apparatus together and was soon prepared to take tintypes. The next move was to manufacture a background from an old wagon cover that had several holes gnawed in it by the rats. The back ground was painted and patched, but the paint did not cover up the patches and they showed up plainly in the finished pictures. But necessity is the mother of invention, and we soon de- vised a simple way of getting around this little difficulty. Finding a couple AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 161 of coiled wire bed springs, we fastened them to the ceiling, hung the back- ground on them, set them in motion, which blurred the x)atches so that they were not visible in the picture. Such an outfit! — dirt floor, cloth windows, an old wagon cover for a background — it made us sick at heart. We often wondered what some of our stylish friends back east would think if they should peep in and see us. They would probably have thought we were crazy — and I sometimes thought myself that I might have been a little hasty in my choice of a home, but there I was, with a wife and a baby boy (he is eighteen years old now, and three inches taller than his father) depending upon me for support. I had petitioned for a postoffice and mail commenced running regularly between Jefferson and West Union, a distance of nine miles, and the records show that we canceled 68 cents worth of stamps the first quarter. I considered myself on the high road to success, besides having the honor of being a federal officeholder, and had to stay at home Sundays to give the people their mail for fear they would petition to have the office moved and thus deprive me of the salary attached to it. I worked on the farm for my father for 50 to 75 cents a day, and whenever anyone wanted a tintype T dropped my hoe and made it, and went back to the field again. In the fall I built a sod addition to our gallery. I hauled the sod one mile, always having to give two days of my own work for one day of a man and team. Until our sod house was finished, whenever there came a storm, we had to vacate the galleiy, as everything would be flooded, there being nothing bat sheeting on the roof. We have often gotten up at midnight, wrapped a quilt around the baby and started for my father's place with the rain coming down in torrents and the darkness so intense that we could see nothing except for the flashes of lightning. Then came the trials and vexations of the good wife. When the storm was over everything in the house was soaked and had to be taken out in the sunshine to dry before they could be used again. But the kind of weather which played her out the most was a long, drizzling rain, which kept everything wet and uncomfortable for days at a time, when we had to make a tent over the bed to keep the baby dry. At such times I could not work in the field and of course I had to take care of the little fellow while my wife pre- pared our frugal meals. I remember a favorite song I had to sing to keep him quiet on a rainy day. It was as follows: ''Say, old man; why don't you put a roof on your house? When it rains I can't, and when the sun shines I don't need it." Probably about here the chorus is interrupted by my wife remarking: "Don't be a fool." It was hard, but wluit could I do? It did not rain all the time, and when the sun came out and seemed to smile on us the flowers bloomed with more beauty and all nature seemed to rejoice. Not being of a melancholy -disposition I had to rejoice also. I took a timber claim S. D. BUTCHER. MRS. S. D. BUTCHER. MISS MADGE H. BUTCHER. LYNN J. BUTCHER. AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 163 and had some breaking done. Some time after this the town of Walworth was started. I joined the boomers of the new town, which was like the mush- rooms that come up in the night. I built a sod house 12 by 14 feet and moved my wife and two babies to the new home. By this time a little girl had come to bless us and to add joy to our hearts. A. W. Darling and myself soon had a frame gallery np on borrowed capital, he furnishing the security and me the experience, and it proved a dear experience to me. I had lived in our new house just six weeks when the buildings of Walworth began to be moved away, some to West Union, two and one-half miles east, and to Sargent, six miles down the river. We sold the gallery and followed the building we had once hoped to own, and rented it for five years. The country was new and people were not overburdened with money, but from this time on we had nothing to complain of for a number of years. My friends advised me to go on my farm and go to work. This was an insinuation that rather nettled me. It seemed to suggest that they thought I was afraid to work. This is a mistake. On the contrary I could lie down and go to sleep alongside of it at any time. But I knew probably as well as they did that there would be work enough for me to do, as I would have to build another sod house and I had just completed one in West Union. I was so unsettled that my chickens almost knew, when they saw me coming, that they were expected to lie down on their backs and have their feet tied. In the spring of 1886 I conceived the scheme of getting up a history of Custer county. From the time I thought of the plan for seven days and nights it drove sleep from my eyes. I laid out plans and covered sheet after sheet of paper, only to tear them up and consign them to the waste basket. At last, Eureka! Eureka! I had found it. I was so elated that I had lost all desire for rest and had to take morphine to make me sleep. I told my scheme to every one I met. I talked it constantly. I have talked it nearly fifteen years, and if God spares me I intend to keep talking it until Custer county is full of books. And as hundreds are already sold, I think I see in the future a partial realization of my dreams. After fifteen years of such a checkered career as few men have experienced, I have still been able to wrench success from defeat. I laid my plans before my father. I wished to secure his help, as I had no horses nor buggy. He is a very cautious man, and while he was considering my proposition I went home and in two weeks I had engaged seventy-five farm views of the farmers as they came to town. Some called me a fool, others a crank, but I was too much interested in my work to pay any attention to such people. On June 14, 1886, I made my first picture for the new book. Was seven years in making 1,500 farm views and writing 1,500 biographies, when the 154 PIONEER HISTORY OF CUSTER COUNTY drought period stopped the enterprise for several years. But I had secured a nice little home and was nearly out of debt, and was again about to take up Ihe history scheme where I had dropped it in 18J>2, when on the morning of March 12, 1899, we saw our home and its cdutents go up in smoke, with no insurance and all our seven years' work of compiling biographies. But I still had the negatives of farm views and determined to make another effort. How well I have succeeded I will leave the reader to judge after he has read this book to the last page and looked at the last picture, and hope you will always hold in kindly remembrance, your humble servant, S. D. BUTCHER. €l)t Eillimi uf Strao (3Ioiiiluiyit af Jftrnt^lnm. On the morning of the 1st of April, 1887, the construction train on the B. «X: M. railroad pidled out of Linscott eastward bound. Billy and Hugh, who, not being able to wait until they reach Anselmo to commence their fun, are having a lively time in the caboose firing off their revolvers, terrorizing the train crew and passengers and cutting up cowboy antics generally. One of the passengers was L. H. Jewett, now postmaster at Broken Bow, who thought he had gotten into a pretty tough crowd. When Anselmo was reached the two cowboys left the train and lost no time in preparing to give that then lively frontier town a touch of high life a la Wild Bill and Cactus Pete. One Van Allen, a bootlegger of bad whisky, had warned the citizens of Anselmo that a visit from the cowboys was imminent and thus the people were in a manner prepared for their expected guests. Billy Frischauf, a saloon keeper, came to C. D. Pelham and asked him what he should do. Mr. Pelham advised him to close his saloon, and be it said to the credit of Frischauf, he followed the good counsel of his adviser, and not a drop of whisky was sold in his place during the whole of that fatal day. John An- derson, another saloon keeper, also promised to shut up his place during the stay of the cowboys. Anderson did close his saloon in the morning, but having some business out of town, he turned the keys over to his brother, Frank, who unlocked the door and ran the place wide open all day. Things soon began to assume a lively aspect in the little village, and A. F. McKnight, the man who pumped water for the railroad company, using horse power, brought his team over to the livery stable, saying that he had wired the AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA. 156 company that their locomotives could get no water at Anseluio, as cowboys were painting the town and he did not propose to run the risk of getting shot. The boys were using the pump house as a target. A noticeable feature of the occasion was that one of the cowboys ap- peared to be a gentlemanly sort of fellow, and took no active part in the (HAS. PEXN, Ex-Sheriff. During Mr. Penn"s term of ottiee he made twenty- six arrests for murder. He is dow Commander at the Soldier's Home at Milford, Neb. shooting, but apparently tried to keep his companion within bounds. The other, however, crazy with bad whisky, determined to have all the fun he could get out of the spree. One of his antics was to place old tin cans on the tops of hitching posts in the street and then shoot them full of holes, regardless of the danger of passers-by, who had to seek safety by getting behind buildings. When they got tired of this diversiou he shot a hole through the stovepipe inside a furniture store, the bullet almost grazing the head of Mr. McDowell, who was managing the business for J. H. Brandebury, the proprietor. In the meantime some of the citizens had had a conference to discuss the advisability of sending for the sheriil, but they decided to wait a little while, hoping that the rowdies would cool off and behave themselves. The boys went to Anderson's saloon, where Degan, the tougher of the pair, was having a fine time marching around in drunken gyrations and shooting holes in the floor and ceiling, when a bullet from his revolver accidentally penetrated the 156 PIONEER HISTORY OF CUSTER COUNTY toe of a young man by the name of Murray. The report immediately flew about town that the cowboys had shot a man, and the following telegram was immediately dispatched to Broken Bow: Anselmo, Neb., April 1, 1887. Sheriff Custer County, Broken Bow, Neb.: Cowboys are terrorizing the citizens of Anselmo, and one man has been shot through the foot. We ask your protection. (Signed) WALTER SCOTT. C. D. PELHAM. Charlie Huntington let them have an old dray horse, and another was procured at a livery stable kept by one Bassey. Mounted on these steeds the two rode into Pelham's store, helped themselves to cigars, rode out and across the street to the store of Weander Bros., where they got something else. By this time it was getting along in the afternoon, and the citizens were anxiously awaiting the arrival of the sheriff, who was expected every moment. After visiting all the stores in town, Fitzpatrick and Degan returned to the saloon, where they attempted the novel feat of playing a game of pool on horseback, Degan firing off his gun occasionally to emphasize his points. It was in the midst of this diversion that Sheriff .Penn and his deputy arrived, pulling up at Pelham's barn. Tom Kimes and Charlie Murray rode out of the barn and Penn, mistaking them for the cowboys, brought his Winchester to his shoulder and commanded them to throw up their hands. Pelham apprised Penn of his mistake, much to the relief of the frightened young men. At this juncture another report from Degan's revolver rang out and Penn inquired: ^'What shooting is that?" "Cowboys in the saloon," was the reply. The cowboys were soon given a tip that the sheriff was in town, when they immediately rode out of the saloon into the street, where they got a glimpse of the officer, surrounded by a crowd of citizens, in front of the livery barn. They fired a parting salute from their six-shooters and rode out of town to the northwest. Penn and his men followed them to a house situated on a triangular piece of ground on the outskirts of the village. From this house a road went directly north and another ran parallel with the railroad track in a northwesterly direction. The latter road was taken by the cowboys, who proceeded as far as the hand-car house and then came to a standstill. Penn and his men halted at the dwelling house above referred to, where they waited to see what the boys were going to do. After about fifteen minutes Fitzpatrick and Degan turned the heads of their horses around and slowly approached the sheriff's party. Penn placed his deputy, Jones, and Humphrey Smith, who had volunteered to assist him, at the northeast corner of the house, AND SHORT SKETCHES OF EARLY DAYS IN NEBRASKA 157 yarding the road from the north, which passed on the east side of the bnild- ing. He gave them strict orders that in case the cowboys came their way to first demand of them to halt; then, if they did not stop, to shoot their horses; and finally, if they still refused to surrender, to shoot them. Penn took his station near the southeast corner, that being the point to which the boys were apparently approaching. When within a short distance from the house they turned and rode directly east, striking the road running north and south, and were rapidly nearing the deputies. One of the men shouted out: "Here they come!" and Penn rushed over from his corner and commanded: "Throw up your hands; I am the sheriff of Custer county!" The boys paid no atten- tion to the command. Eye witnesses say that the horses were shot first. Fitzpatrick's animal becoming frantic, he held the bridle rein with his left hand and was reaching behind to grasp the saddle to keep from falling off, when Smith, thinking he was reaching for his revolver, fired and shot him through the heart. It was afterwards learned that Fitzpatrick was unarmed, having thrown his revolver away before he rode back to town, possibly thinking that in case he was arrested it would go easier with him if it was found that he did not carry a weapon. Degan's horse was also shot, and refusing to surrender, the rider then and there met the same fate at the hands of Penn. An inquest was held and a verdict returned to the effect that the two cowboys had been killed while resisting arrest at the hands of officers of the law. The victims of this lamentable tragedy had no one to blame but them- selves for their undoing. They were not at heart vicious boys, but the wild life they led on the range had made them reckless and foolhardy, and in accordance with the cowboy ethics of that period they considered the holding up of a town a species of innocent pastime. Anselmo had been quite a favor ite resort for these rowdies from the range, whose periodical visits always re- sulted in trouble. The citizens, therefore, who furnished them with liquor, were partly to blame for the consequences of an injudicious mixture of bad whisky and rowdyism. NOTE — By Author. 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