Volume 26, No. 4                 Buffalo County Historical Society        July-August, 2003

Law and Order in Buffalo County: Letters from the Frontier

Mark R. Ellis

        The following letters highlight some of the early criminal history of Buffalo County and the efforts made by local citizens to ensure that law and order were preserved. While the letters suggest that Buffalo County and the surrounding counties could be a dangerous place to live during the 1870's, they also suggest that the citizenry was determined to use the law to apprehend and punish criminals. Extralegal vigilantism could tarnish the image of communities such as Kearney, who hoped to attract settlers and grow into a prosperous commercial center on the Great Plains. Thus, when a murder was committed, whether it was in the county or in the surrounding territory, efforts were made to capture and convict the perpetrators rather than allow vigilantism to run its course.

            The best way to ensure the capture of a suspected criminal was to offer a substantial reward. Several of the following letters, therefore, called upon the governor to offer rewards to assist in the apprehension of wanted criminals. The letters published here are preserved within Governor Silas Garber's papers, housed at the Nebraska State Historical Society in Lincoln. They provide valuable insights into the character of early community builders in nascent Great Plains communities. Kearney’s founders were not of the 'wild and wooly' frontier class of people that are often portrayed in movies and television westerns. Rather, Kearney's early community builders were middle class citizens who were determined to rid the Platte Valley of the criminal element and build a law-abiding community that was safe for their families and business interests.

The first two letters document a quadruple murder committed in the unorganized territory northwest of Buffalo County in February 1878. Leading citizens of Buffalo County, including R. H. Eaton (publisher of the Kearney Times), A.C. Connor (prominent attorney), Simon Ayer (County Clerk), and J. Van Sickle (County Treasurer), wrote letters to Governor Silas Garber asking for his assistance in apprehending the suspected murderers. This particular crime posed a problem because it was committed on the Dismal River in the Sandhills (some sources claim it was on the Niobrara). In 1878 this region of the state was unorganized territory and therefore had no law enforcement officers to apprehend the suspected murderers and no courts to administer justice. If the governor offered a substantial reward, however, as these letters suggest, certain individuals (probably Sheriff David Anderson) would set out and capture the suspected murderers. The outcome of this case is unclear. Although Governor Garber offered a $200 reward there is no evidence that the murderers were ever apprehended and convicted.


Kearney, Nebraska
May 10, 1878

His Excellency Silas Garber, Lincoln, Nebraska
Sir:
            Sometime in the month of February last, four men: Luther Holbrook, William F Sutton, Jacob A.
  Sutton, and Herman Allen were murdered on the Dismal River, one hundred and twenty-five miles northwest of this place. The names of the murderers so far as can be learned are Harry Hargrave, "John" and "Tip,"  whose other names are unknown. It is believed that if a reward was offered for their apprehension the murderers could be found and brought to justice; and we the undersigned citizens of Buffalo County would most respectfully suggest that your Excellency offer such reward as may to your Excellency deem proper for the apprehension and trial of the above named parties.                                                                                                                                                                                 
  Very Respectfully Yours,                                                                                        
A.C. Conner (Attorney at Law), Simon C. Ayer (County Clerk),
J. Van Sickle (County Treasurer)

                                                                                                                                                        

 

 

 

 

A.H.Conner

 

 

May 11, 1878

Hon. Silas Garber, Gov. of Nebraska Dear Sir:                 

 

You are of course aware of the recent murder of  L.L. Holbrook, Herman Allen, and the two Sutton brothers on the Dismal about the 28th of February. It is the impression of many prominent citizens here that the murderers are still in this state and could be captured and convicted but they are probably outside of any organized county and the pursuit and capture of them  would be expensive. They (the murdered men) have no relatives here except one brother of Sutton's and he has no money. There are however parties here who will undertake to capture the murderers and procure their conviction provide the reward allowed by statute is offered; but they cannot afford to bear the expense themselves without a prospect of being remunerated. It is one of the most outrageous crimes ever committed by white men and on that account the people of this whole community unite in asking that the reward be offered.             


Yours Respectfully, R.H. Eaton    

       Rice H. Eaton                        

The next letter relates to the murders of Mary Harrelson and her four children in Kearney County, a ghastly crime that stirred neighboring Buffalo County. On December 13, 1878 the leading citizens of Buffalo County wrote this letter to Governor Silas Garber, asking him to offer a "suitable reward" for the capture of S.D. Richards. Although Richards escaped to Ohio after killing the Harrelson family and Peter Anderson, a Swedish immigrant, the award offered by the governor enticed Sheriff David Anderson of Buffalo County to pursue and eventually capture him. Richards was convicted and hanged in Minden on
April 26, 1879   

Sheriff David Anderson

of Buffalo County  

 

Kearney, Nebraska 

December 13, 1878 

To His Excellency, Silas Garber,
Lincoln, Nebraska

 Sir:

Some six weeks ago, Mrs. Mary Harrelson and her three children were
murdered by one S.D. Richards, Now a refugee from justice.   Mrs.              
Harrelson was living on a Homestead near here in Kearney County,                     and Richards had been working  for her some few days previous to the murders. On the 9th of this month Richards murdered Peter Anderson, a Swede living about four miles from here (Kearney), and fled the county on one of Anderson's horses. The Sheriff of Kearney County pursued Richards until he learned he had taken the train at Red Cloud several hours in advance of him, when he returned and attempted to intercept him by Telegraph. Richards is about twenty five years old, came to this state from Iowa, and was confined in the Buffalo County jail for a few weeks this summer on the charge of stealing a watch The cold blooded, and malicious manner in which these parties were murdered certainly demands that every possible effort be be made for the capture of the murderer, and to this end we would most respectfully ask that your Excellency offer a suitable reward for his apprehension. The local authorities of both Kearney and Buffalo Counties have made, and are now making every possible effort to bring Richards to justice, but the large expense necessarily attending his pursuit and capture would
seem to warrant your Excellency in offering a suitable reward for his capture.  

Very Respectfully Yours,
J. Van Sickle
D.B. Ball
Simon C. Ayer
A.H. Conner,
E G. Hamer
J.P DePew
 

 This short letter written by the proprietors of the Kearney newspaper, the Nonpariel relates to the murders of Ami Ketchum and Luther Mitchell who were killed in Custer County in November 1878 by Print Olive and several cowboys in his employment. Governor Garber asked the Nebraska legislature for an appropriation of $10,000 for the capture and conviction of the murderers. Olive and his cowboys were eventually captured and the ensuing trial became one of the most publicized trials in Nebraska history. Olive and Fred Fisher were convicted and sent to prison but both were released when the Nebraska Supreme Court overturned their convictions.

Kearney, Nebraska
December 14, 1878
 
To His Excellency, Silas Garber, Governor State of Nebraska

 Dear Sir:
        In view of the late atrocities and dastardly butchery in Custer County, the citizens of Buffalo County, each and separately, pray that you offer a reward for the capture of each and every one connected with the affair, that this state may be rid of lawless characters, and peaceable citizens allowed to pursue their separate avocations without fear of molestation. Hoping speedy action may be taken in this matter, we remain,

Respectfully,
Berger & Julian, Proprietors, Nonpariel
 

The following letter was most likely written by O.A. Sandusky, a merchant in St. Joseph, Missouri. The writer asked Governor Garber to review the case of John Williams, an English immigrant convicted of killing two men. According to the writer, Williams acted in self-defense when he killed the pair. The governor apparently did not act on this case. John Williams served out his sentence and was released from the Nebraska State Penitentiary on January 7, 1884.

St. Joseph, Missouri
April 11, 1878

Governor of Nebraska,

Dear Sir:
         We write you in regard to John Williams a prisoner in your state prison convicted at Kearney, Nebraska on a charge of murder. He killed the two Vromans in a fight with only the three present. I am of the opinion that he had to kill or be killed as these men had annoyed him through the summer and several nights shots had been shot through his door-he actually slept under the floor a long time. In view of the fact of his being a stranger in this country, from England, far away from friends, we ask  you to thoroughly investigate his case and if you find he acted in self-defense we hope you will pardon him. He came to this city and stayed here through the winter of 1875-76. Grasshoppers had eaten up all his crop and he hired to us to enable him to get through the winter and return to his claim near Lowell. The time he stayed here is our only acquaintance with him. He was strictly moral while here, attended church and Sunday School regular, though not a member of any church. His associates were steady and of good class. He made many friends those three months. We were so much in sympathy with him that we sent him $125 to pay for council. His council at Juniata, Mr Laird, says he ought to have been cleared.
        As you are the Executive of a great State whose laws are to protect the poor and helpless as well as the powerful would it not be right for you to investigate this matter. This man, who has spent all his means which was but small, now is at the mercy of the law which will hold him ten years less two he has served unless he receives your pardon.
        Hoping you will excuse us for taking your valuable time but we urge Humanity Suffering as our Plea.

Yours Truly,

Sandusky & Co.

The final letter relates to the case of Jordan Smith, who shot and killed Milton Collins near Kearney in 1875. Because Smith was a cowboy who killed a popular citizen, his trial was moved to Kearney County where he was convicted of second-degree murder and sentenced to thirty years in prison. When the Nebraska Supreme Court overturned his sentence on a legal technicality, Smith was tried a second time. At this trial, held in Adams County, Smith was convicted of manslaughter and sentenced to ten years. When an effort was made by Smith's family and friends to obtain a pardon from the Governor, William Thorne, the Treasurer of Adams County wrote the following letter to Governor Garber to protest.  
Juniata, Nebraska
February 24, 1877

His Excellency, Silas Garber, Governor, Lincoln, Nebraska

Dear Sir,

Understanding that you would be applied to, for intervention in the case of J.P. Smith, just convicted and sentenced for manslaughter in Judge Gaslin's court in Adams County, I thought I would request you to delay action for a few days, if agreeable to yourself, on this case. I intend to be in Lincoln on Friday next and having attended the trial would be highly gratified to have a few moments conversation with you with regard to it. I feel that the sentence is a just one and that the courts should be sustained in their efforts to put an end to this indiscriminant shooting. If they are not sustained there is danger that the people will take those cases in their own hands, and if they do, few of them will ever get into court. Let us prevent this state of things impossible by making the punishment of crime adequate to the crime and as certain as its commission.

Yours Truly,

W.B. Thorne,
County Treasurer of Adams County
  Proodread 10-7-2003


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