Jerauld County, SD History .....Chap 17; Part 2 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sd/sdfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com February 28, 2005, 11:36 pm Chapter 17. In the 1st commissioner district the republicans had nominated Mr. O. A. Knudtson of Franklin township, to succeed Mr. Fisher as county commissioner. The democrats had nominated Mr. Richard Dalton, of Blaine township. Mr. Knudtson was elected. As an auxiliary to the G. A. R. Post at Wessington Springs, a W. R. C. was organized June 20. 1885. W. H. L. Wallace G. A. R. Post was organized at Alpena on Feb. 1885, with the following charter members: Wm. H. Arne, 9th N. Y. H. Artillery. I. Pearce, 4th Ill. Cavalry. F. D. Hubbard, 111th N. Y. Infantry. R. Davenport, 4th Iowa Cavalry. C. M. Yakee, 1st Colorado Cavalry. M. D. Blank, 2nd Iowa Cavalry. O. W. Richardson, 12th Illinois Cavalry. B. Gondit, Gunboat service. E. J. Cole, 21st N. Y. Cavalry. H. C. Newmeyer. 153rd Penn. Infantry. J. Hines, 117th Ohio Infantry. P. Grey, 34th Illinois Infantry. C. C. Hubbard, 111th N. Y. Infantry. F. C. Phillips, Mich. B. L. Artillery. In after years the following members were added to the post: Lewis Fenstemaker. 34th Illinois Infantry. Ruben Eastman, 34th Illinois Infantry. Cyrus E. Tinnery, 124th Illinois Infantry. Childs P. Canon. 2nd Nebr. Cavalry. Solon Palmer, Gunboat. H. M. Arne, 9th N. Y. H. Artillery. B. F. Remore, 81st N. Y. Infantry. Charles Davis, 5Oth Wis. Infantry. John Teasdale, 37th Wis. Infantry. Wm. H. McDowell, 17th Penn. Mounted Infantry. W. T. Hay, — Wis. Infantry. R. Butler, 6th Iowa Cavalry. Wm. Orr, 44th Illinois Infantry. S. C. Weatherwax, 2Oth Iowa Infantry. J. Rankin, 84th Illinois Infantry. M. G. Shull. 16th Wis. Infantry. Theodore Le Master, 3rd W. Va. Cavalry. Chas. Fetterly, 4th Mich. Cavalry. Wm. J. Grace. 38th Wis. Infantry. May 2Oth the County Commissioners appointed F. A. Wheelihan Justice of the Peace in place of Wesley L. Davis, resigned. June 10th, 1885. L. N. Loom is moved his family to Wessington Springs. In August, 1885. A. Converse purchased a farm in Anina township and for many years thereafter was one of the most prominent citizens of the county. Until the summer of 1885 the only water used on the townsite of Wessington Springs was from the big spring. Then L. H. Tarble had a well bored on the R. M. Magee property (now owned by James Barr). The water from this well was so excellent that other wells, were put down. August 8th, 1885, all the G. A. R. posts of the county observed Grant Memorial Day. Union Cemetery is on the west side of the south-west quarter of section 18 in Viola township. It was purchased and platted at the expense of the people of Viola and Anina townships. Several of the residents of these two townships met at the Ford school house in Viola. Feb. 5th. 1885. J. N. Smith was made chairman of the meeting and Jonas A. Tyner, secretary. The purpose was the organization of a cemetery association. A board of trustees was elected composed of J. N. Smith and J. A. Tyner of Viola, and S. S. Moore and Asa Hodgson of Anina. The land was obtained and in December of that year they employed T. L. Blank, of Wessington Springs, to survey and plat it. The plat consists of four blocks, each of which is divided into thirty-six lots, which are numbered like the sections in congressional townships. At a meeting of the board of trustees in December, 1885, twelve lots were set aside, at the suggestion of Mr. Tyner, for a "potters field." In twenty-four years, no one has found a burial place in any of those twelve lots. Articles of incorporation were adopted January 4th, 1886. The first person interred in Union cemetery was Mrs. N. G. Rhodes, a sister of J. A. Ford, of Viola township. Charity cemetery is located on the NE quarter of section 26, in Viola township. This was platted in 188—. Mrs. J. G. Kieser was the first person buried in that church yard. The next seven interments were of babies. When twenty-seven graves had been made in this plat only three were adults, and of the children burried here only one was over nine years old, and twenty-three were less than three years. The school bonds voted in the various townships in 1884—85 were as follows: Alpena, $4,000: Dale, $2,500; Logan, $1,500; Anina, $2,000; Viola, $2,500; Franklin, $1,600; Chery, $3.000; Marlar, $1,500; Wessington Springs, $2,000; Harmony, $1,200; Crow, $1,500; and Pleasant, $1,570. The practice act, or Code of Civil Procedure, of Dakota Territory abolished all "fictions" of the law. Yet the first term of the District Court in Jerauld Co., was by virtue of an order of chief justice Bartlett Tripp, in which he created a fiction and used it. The order was made Feb. 19, 1886, calling an "additional" term of the court to convene on the 16th day of March. This order required the drawing of twenty grand jurors and twenty-four petit jurors, to be drawn by the clerk and sheriff fom a list to be provided by the county commissioners. This term of court was ordered mainly for the purpose of trying B. L. Solomon, then lying in jail on a charge of murder. The grand jurors drawn were as follows: H. Blowers, J. H. Farnham, B. F. Gough, E. C. La Rue, O. Johanson, Jas. J. Grace. Otis Walker, E. T. Harmen, Andrew Jacobsen, J. Zimmerman, A. Bywater, J. W. Wray, W. Steiner, R. Vanterveen, W. A. Rex, Henry Kneiriem, J. B. Jacobs, Calvin Hane, and M. Powell. The following is a list of the petit jurors: O. E. Williams, W. S. Scofield, R. Hible, Joseph Steichen. Joseph Ponsford, Fred Hagenbrook, T. L. White, Geo. King, H. W. Louder, A. S. Beels, J. Wheeler, Geo. Titus, A. I. Churchill, R. J. Hughes, Frank Augustin, W. J. Houmes, Thomas Henning, J. B. Neal, C. C. Wright, D. M. Black, M. H. Martin, K. S. Starkey, D. Kint, and F. W. Whitney. Both the grand and petit juries were drawn on the 24th of February. Of the grand jurors drawn all appeared but J. H. Farnham and J. B. Jacobs. The court granted the request of J. W. Wray to be excused, and the prosecution in the Solomon case challenged H. Blowers. A special venire was then issued and Wm. Hawthorne, H. J. Wallace, J. N. Dynes and A. S. Beals were summoned by the sheriff to fill the grand jury. The defense in the Solomon case then challenged the grand jury panel, because of error in selecting the list of names from which the jury was drawn, by the clerk and sheriff. The challenge was sustained and the grand jury discharged. The petit jury was retained and then court proceeded with the trial of some civil cases. Before the trial of cases began Mr. J. F. Ford was admitted to practice as an attorney, on a certificate issued by the district court in Calhoun county, Iowa. The first alien admitted to citizenship by a court of record was Peter Nening, in District Court March 17, 1886. His witnesses were Joseph Steichen and W. J. Williams. The first verdict rendered in district court in Jerauld county was for the defendant in the case of Peter Wieland vs. O. E. Gaffin. Dunham and Drake attorneys for plaintiff, and T. H. Null for defendant. The jury that tried this first case was composed of the following men: A. I. Churchill, W. S. Scofield, C. C. Wright, Jos. Ponsford, Thos. Henning, H. W. Louder, M. H. Martin, D. Kint, A. S. Beals, F. W. Whitney, R. Hible and Geo. King. Another term of court was called for June 29th. On the 2nd day of the term the grand jury returned an indictment against B. L. Solomon to which he pleaded "not guilty" on the 1st of July. The grand jury that returned this indictment, the first in the county, was composed of the following jurymen: Theodore Dean, foreman, Geo. W. Bolton, James H. Waldron, Geo. Knieriem, Wm. Hill, J. W. Shultz, Peter Klink, Louis Jonker, Julius Hart, A. Gilbertson, G. S. Brady. G. S. Eddy, H. C. Stephens, H. B. Faust, J. C. Barr, A. B. Easter, J. R. Eddy and E. J. Mentzer. The trial of the Solomon case began on the 7th day of July, before a jury which consisted of: Patrick Conlon. J. C. Johnston, S. W. Foster, M. Flint, E. E. Nesmith, J. R. Nelson, W. Murphy, J. H. Daniels, W. L. Holden, Richard Price, J. A. Holcomb and E. A. Heaton. The jury disagreed on the 10th of July and were discharged. The case was then taken to Sanborn county, where the prisoner was convicted and sent to prison for two years. Following the example of previous years no detailed statement of county finances, was shown by settlement with the treasurer. On January 5th, 1886, the following record appears in the minutes of the board. "The balance of the afternoon was spent in settling with the county treasurer." On January 12th, 1886, Mr. Fisher retired from the board and Mr. Knudtson took his place. The new board organized by electing J. E. Sullivan chairman. The strife over the position of official county paper was spirited at the meeting of the county commissioners in March, 1886. The following offers from the different publishers tell how anxious they were in those days to get the prestige of official patronage. "The Jerauld County News will publish the county work at one-half legal rates, should you designate it the official paper of the county. Very Respectfully, News Publishing Co." "Communication of Co. clerks-of 14th inst. rec'd. I will make formal bid of $26.00 to print Co. Com's proceedings for year 1886. Yours truly, M. B. McNeil. Waterbury. D. T. "Sirs:—I hereby agree to publish the proceedings of your Hon. body free of charge for one year, in consideration of the Wessington Springs Herald being named as the official paper of Jerauld county. Yours respectfully, T. L. Blank, Pub. Herald." "The Jerauld County Journal, of Alpena, will pay the county $2.00 to be furnished with the minutes of the commissioners meetings during the current year, also publish the delinquent tax list at five cents per description, publish all legal notices of the board free of charge and furnish stationary at 20 per cent below regular price. L. H. McCarger." "Received of L. H. McCarger two dollars for having the privilege of county board. The above to the credit of county fund. W. J. Willams. County Treasurer. Jerauld Co., D. T." On March 5th, 1886, the county board accepted the steel cell which had been placed in the old county building ready for use, allowing $975 therefor. On April 8th they settled for the court house and jail, exclusive of cell at $2,410.91. Making a total with the cell of $3,385.91. Franklin township filed a petition on July 5th, 1886. asking for civil township organization. The petition was laid over to the next meeting. On Oct. 5th the petition was denied. July 6th the board passed an order instructing the road overseers on the west side of the county to work the west county line from the northwest corner of section 6—108—67 south 15 miles to the northwest corner of the NW of 19—107—67, Buffalo county having agreed to work the balance south of that point. In calling the election for 1886 the board renumbered the precincts, putting each township by itself according to its congressional boundaries; Alpena being No. 1. Franklin No. 6 and Blaine No. 11, numbering west across the county. At the September session, 1886, the board established a road on sections 14 and 23 in Marlar township. At the October session a road was established at the foot of the hills in Media and Chery townships. The county tax levy in 1886 was the same in amount as the two previous years, but instead of levying 2 mills road tax and 2 mills bridge tax. the board dropped those items and levied a 4 mills tax for a sinking fund. Nothing further of special interest occurred in the proceedings of the board of commissioners during the year 1886. Politics, as usual, was a matter of interest to all. The eighth council and representative district, composed of Beadle, Sanborn and Jerauld counties was entitled to two representatives and one member of the territorial council. Beadle county being designated by the apportionment act as the senior county, claimed the position of councilman, and nominated John Cain as the republican candidate. Sanborn county republicans brought forward Wilson Wise as their candidate while in this county D. F. Royer, of Alpena, was the republican nominee. Against these candidates the democrats nominated J. W. Harden, of Jerauld county for the council, and C. C. Frost, of Beadle county, and A. K. Colton of Sanborn county, for representatives. In county politics the bitterness engendered in 1884 seemed to have intensified with the approach of another election. Three tickets were put in the field for most of the offices. For register of deeds the democrats and independents united and nominated H. C. Stephens, of Wessington Springs, against L. N. Loomis, who was a candidate for re-election. The various candidates were as follows: Register of Deeds—Republicans, L. N. Loomis; Dem. and Independent, H. C. Stephens. Dist. Attorney—Republican, C. V. Martin; Democrat, Thomas Drake: and Ind., T. H. Null. Treasurer—Rep., W. J. Williams, Dem., U. E. Babb: and Ind., C. L. Austin. Sheriff—J. A. Tyner; Dem., Isaac Pearce; and Ind., J. M. Spears. Probate Judge—Rep., H. M. Rice: Dem., John Chapman; and Ind., A. Converse. Assessor—Rep., J. A. Riegal; Dem., Geo. Deindorfer; and Ind., J. O. Gray. Coroner—Rep., E. L. Turner; Ind., M. W. Nesmith. Surveyor—Rep., H. J. Wallace; and Dem., B. R. Shimp. Supt. of Schools—Rep., I. S. Binford; and Dem. J. J. Stiner. The result at the polls was an indication of what happened two years later. The republican convention was conducted after the manner of politics in those days and a good deal of "trading" and "bartering" was done. Whether justly or not, the work of the convention was charged, to D. F. Royer, candidate for the legislature. No one could say that the ticket nominated was not made up of good men, but the dissatisfied ones worked harder against Royer than against any other man on the ticket with the result that although he was elected in the district he was defeated in his home county by a vote of 475 for Frost to 377 for Royer. The county ticket was somewhat mixed at the election. The following officers were elected: Register of Deeds—L. N. Loomis. District Attorney—T. H. Null. Treasurer—W. J. Williams. Sheriff—J. M. Spears. Probate Judge-—H. M. Rice. Assessor—J. O. Gray. Coroner—E. L. Turner. Surveyor—H. J. Wallace. Supt. of Schools—I. S. Binford. Co. Commissioners—3rd Dist., Jefferson Sickler. Justices of the Peace—C. E. Hackett, J. R. Francis, J. T. McGlashan and O. O. Lindebak. Constables—W. W. Huxtable. J. O. Shryock. Robt. Flagg and John Eagan. Additional Comments: From "A History of Jerauld County; From the Earliest Settlement to January 15, 1909" by N. J. Dunham File at: http://files.usgwarchives.net/sd/jerauld/history/other/gms102chap17pa.txt This file has been created by a form at http://www.genrecords.org/sdfiles/ File size: 15.8 Kb