Newspaper: Ottawa, Franklin Co., KS - 18 Jan 1866 Contributed for use in USGenWeb Archives by Marysue Eulitz, marysueeulitz@prodigy.net ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ (Transcribed and excerpts from microfilm of the original record by Marysue Eulitz, 18 March 2000). Home Journal Newspaper - Ottawa, Franklin County, Kansas. Jan. 18, 1866 - Thursday Fourth Judicial Court opened Court Monday, 15 Jan 1866, with Hon. D.M. VALLENTINE, as Judge. State of Kansas vs. Amanda PROVINCE - Horse Stealing. On petition of defendants' counsel, a change of venue was ordered to Douglas County. State of Kansas vs. John E. BEARE. Motion for a new trial granted. State of Kansas vs. William STROUP. Indictment of murder of Nick ROGERS, on 7 Nov 1865. On 7 Nov 1865, a difficulty arose between Mr. STROUP and Nick ROGERS in reference to the ownership of some corn. ROGERS and others, attempted to carry the corn away, they were ordered, shots were exchanged and in the melee, ROGERS was killed, as was also Mr. STROUP's son, John STROUP. Probate Court - 15 Jan 1866. Hon. William TULLOSS, Judge. Estate of John H. FRENCH, deceased, late of Kane Co. Illinois. Adolphus R. SMITH appointed administrator of the estate. Estate of John W. GANNON, deceased, late of Franklin Co. Kansas. Ellen GANNON, widow, appointed administrator. Estate of D.C. WEATHERWAX, deceased, late of Franklin Co. Kansas. Will admitted to probate. H.F. SHELDON, Esq., executor. James HANWAY has sent some information on "Stray Leaves" from a Farmers portfolio. Dr. W.S. GRISWOLD, Dentist, is stopping in town and proposes to locate here. S.S. TIPTON has been selling choice stock at Lawrence, Kansas. Mr. W.B. CARTER, of Osawattomie called on us recently. Died: On Friday, 5 Jan 1866, Ezekial VANZANDT died, age 65 years. STROUP - VAN .... Murder Trial Early in November 1865, a fracas occurred between William STROUP and his sons John and George on one part and Nick ROGERS, Eli and George VAN and some other black men on the other, which resulted in the death of JOHN STROUP and NICK ROGERS. It appears that William STROUP rented to his son John, a parcel of land and he, with his father's consent, took Nick ROGERS into partnership. It was agreed that one-third of the crop should belong to William STROUP, and two-thirds be divided between John STROUP and Nick ROGERS. A difficulty occurred between William STROUP and ROGERS. STROUP ordered ROGERS to leave the house in which he was living, and he also claimed ROGERS was in his debt. On 7 Nov 1865, STROUP told his three boys to go and husk the corn. The boys finding ROGERS and GEORGE VAN in the field, returned home. STROUP accompanied his boys to the field, armed with three revolvers, a Sharp's rifle and a double barreled shotgun. STROUP orders the black men to leave, which they did and STROUP leaves also. The boys remained to husk the corn. In an hour or two, ROGERS and George VAN return with William, Samuel and Jesse VAN. The shooting took place, which resulted in the death of JOHN STROUP and NICK ROGERS. William STROUP is tried for the murder of Nick ROGERS. In the testimony of the black men, they all gave it in a straightforward, open manner; was that STROUP ordered them away with boisterous and profane language; that he threatened them. That when Nick ROGERS pointed his gun toward William STROUP, John shot Nick, who then turned and shot John. They also swore that William STROUP shot Nick with a Sharp's rifle. The jury, after being out for about five hours, brought in a verdict of murder in the second degree. Eli, George, William and Samuel VAN were then put on trial for the murder of John STROUP. On the trial of these men, the evidence of William and George STROUP was taken. They swore that the demand to leave the field was made in a calm manner; without threats of a display of arms; that ROGERS was told that his one-third of corn was in another part of the field and that he could have it when he paid what he owed; that when the men left the field, the father left the boys at work. He then carried his gun home and went to dig some potatoes. He was carrying the potatoes home when the men returned to the field. He then called one of his boys to come to him; that he did not shoot Nick at all. After John STROUP and ROGERS were killed, there was a general retreat. William STROUP was on his way home when he met his wife with the shotgun, which he took and then fired it. The jury after being out for five hours, brought in a verdict of not guilty. William STROUP, by his counsel, moved for a new trial, on the grounds that the testimony in both cases was so inconsistent and contradictory, offering to plead guilty of manslaughter in the fourth degree. The motion was granted and STROUP was fined by the Court $800 with the costs of the suit.