Anderson County KS Archives History - Books .....Chapter XXIV 1877
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Book Title: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.

CHAPTER XXIV. 

Trials of Felonies, etc.

  BROCKHOLT TYLER'S store in Canton was broken open in the fall of 1861, and a
lot of goods were stolen. In January, 1862, a search was made for the stolen
goods at the house of a man by the name of J. G. Smythe, living on the
Pottowatomie, two miles north of Central City, and about twelve miles distant
from Tyler's store. Smythe was a man who had never been suspected of the
commission of crime; had always been regarded as an honest man and a worthy
Christian; but in the search the stolen goods were found in his house. He had on
his person some of the goods at the time. The announcement was astounding to
every person within Smythe's acquaintance. He was arrested and had a preliminary
examination before Wm. Dennis, J. P. The justice found him guilty on the
examination, and bound him over for his appearance at the next term of the
district court to answer for the larceny. At the March term of the court, 1862,
the grand jury found an indictment against him. He was put on trial and found
guilty, and sentenced to the penitentiary for a term of one year. It was always
a question of grave doubt whether he was guilty of the theft, but the goods were
found in his possession and he was never able to give a satisfactory account of
the manner in which he got them. He claimed to have purchased them from a man
who was traveling in a two-horse wagon. It is believed by many persons that the
store was robbed by a man named Baggs, who was formerly in Tyler's employment.
Smythe only remained in prison about two months, when he was pardoned by the
Governor. The case being surrounded by such grave doubts, and Smythe's general
character being so good, most of the citizens signed a petition for his pardon.
Smythe was the first person ever convicted of a felony in the county.

  In the winter of 1863 a man by the name of Louis Perrier, a half-breed Indian,
living on the Neosho river near the present town of Erie, stole a fine mare from
W. J. Bayles. He was pursued to his home and arrested, brought back to Garnett,
and put on trial at the March term of court, in 1864, found guilty, and sent to
the penitentiary for a term of five years.

  George S. Holt's store, in Mount Gilead, was broken open in the spring of
1863. After considerable investigation it was ascertained that a lot of goods
such as Holt had lost were in the possession of a colored man by the name of
Douglas, at Osawatomie. A search warrant was issued, and when the officer
searched his house a large amount of the goods were found in his possession. He
was arrested and brought to Mount Gilead for examination. He had his trial
before D. W. Smith, J. P., admitted his guilt, and implicated other parties with
being participants in the crime. They were arrested and tried, but there being
no other evidence against them they were discharged. Douglass was committed to
jail to answer the crime of larceny and burglary, but was permitted to volunteer
in the army, and went into the service, and consequently was never tried or
punished for the crime.

  In the summer of 1867, when Van Amburgh's show was in Garnett, a difficulty
arose between some showmen and Manuel Denny, when a young man by the name of
Peter Sells, one of the employes of the show, rushed upon Denny with a large
tent pin, with an iron band around the top, and struck Denny over the head,
knocking him insensible. Sells was arrested on a charge of an assault with
intent to kill, and committed to jail to await his trial. He was tried at the
September term of the court in 1867, and found guilty and sentenced to the
penitentiary for a term of one year. Sells was a young man, about twenty-two
years of age, and a stranger here.

  A most unfortunate occurrence took place in the spring of 1868. Isaac Bulson
and H. M. Anderson were near neighbors, Anderson living on Bulson's farm.
Bulson's horse got into Anderson's corn, when Anderson tied the horse up. Bulson
sent his little boys over to Anderson's for the horse, and Anderson sent the
boys away without it, and told them to tell their father to come over himself.

Bulson went over to get the horse, and when he was untying it Anderson came out,
when a fight took place between them, and in the fight Bulson took out his knife
and stabbed Anderson in two or three places.. Bulson was arrested on a charge of
an assault with intent to kill, was bound over to court, was tried, convicted
and sent to the penitentiary for one year. He was pardoned before the expiration
of his term. At the time of the trial of this case there was strong prejudice
against Bulson, on account of some suits that he had been engaged in in the
courts of this county, just previous to this matter.

  In the summer of 1869 John Martin stole a horse from C. E. Dewey, and took it
to Ottawa and sold it. He was arrested for the larceny, bound over to court, and
in the September following he was tried in the district court, found guilty, and
sentenced to the penitentiary for a term of five years.

  In the summer of 1872 Henry Knox broke into the dwelling house of J. P. Crane,
in the night time. Crane woke up and heard foot-steps in his kitchen, got up and
went into the kitchen, when he met the burglar. Knox at once attacked Crane, but
the latter proved of too great strength for him, so he beat a hasty retreat
through one of the back windows and fled. In the scuffle he lost his hat, and in
getting through the window got considerably cut by the broken glass. It was so
dark that Crane was unable to recognize the man. In the scuffle he bit Crane on
the arm so as to leave visible prints of his teeth for several days. The next
day the officers got track of him, and followed him to La Cygne; arrested him on
a charge of burglary, and brought him back. He was tried and convicted, and sent
to the penitentiary for a term of seven years. Knox was a stranger in this
county; he lived at Paola.

  In 1874 a young man by the name of William Malone was arrested for the larceny
of some cattle belonging to Alexander Seber. Malone was tried at the September
term of the district court, 1874, found guilty, and sent to the penitentiary for
a term of four years.

  At the March term of the district court, 1876, Michael Amy was tried for an
assault with intent to commit a rape on the person of Myra Hull. Amy was found
guilty and sentenced to the penitentiary for a period of four years. Amy is a
man about fifty years of age; the girl alleged to have been assaulted was about
twelve or thirteen years old.

  In the year 1874 William Denny's house was entered and a lot of clothing
stolen. The burglars fled south. They were pursued down the Neosho river to near
Iola, and were overtaken, arrested and brought to Garnett, under the charge of
burglary and larceny. The men's names were William Fleming and _____ Paul.
Fleming was tried at the March term, 1875, found guilty of burglary in the third
degree and larceny, and sent to the penitentiary for a term of three years. The
Governor afterward, on petition, commuted his sentence to two years. Paul was
taken from the officers by the United States marshal, before his trial, and
taken before the U. S. courts.

  In the spring of 1875 Washington Waterman stole a horse from George A. Smith
and took it to Wichita, and sold it. Waterman was afterwards arrested at
Humboldt, and committed to jail. At the September term of the court he plead
guilty to the charge of larceny, and was sentenced to the penitentiary for two
years. He is an old man and a hardened criminal.

  Since the organization of the county, twenty years ago, there has been one
conviction of murder in the first degree, and the convict sentenced to death:
but the execution was prevented by a pardon from the Governor. Two convictions
of murder in the second degree, and the convicts sentenced to the penitentiary,
one for twelve years and the other twenty-one years. One conviction for
manslaughter in the second degree, and the convict sentenced to the penitentiary
for five years. There have been ten convictions for various other felonies of a
lower grade. There have been fourteen convictions for felonies in the aggregate,
thirteen of whom have served a term in the State's prison at hard labor. A great
number of others have been charged, and some trials had, but these are the only
convictions. Several cases of misdemeanors have been tried and convictions had,
principally growing out of violations of the dram shop laws, petit larceny,
assaults and batteries, disturbing the peace, &c. After a careiul examination of
the calendar of criminal cases in the courts of the county, it is a pleasure to
be able to say that the county has had fewer criminal cases on its docket than
any other county in the State that has been organized as long, while the law has
been as rigidly enforced in this as in any other county.


Additional Comments:
THE HISTORY OF ANDERSON COUNTY,
FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.
BY
W. A. JOHNSON,
CHAIRMAN OF HISTORICAL COMMITTEE.

PUBLISHED BY KAUFFMAN & ILER, GARNETT PLAINDEALER,
1877.

Entered according to act of Congress, in the year 1877, by
KAUFFMAN & ILER, In the office of the Librarian of Congress,Washington, D. C.


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