Early History Of Omaha - Chapters XIV-XVII



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CHAPTER XIV
LAST ROUND IN THE CAPITAL REMOVAL FIGHT

WHEN the next session of the legislature convened in the winter of 1857-
58, the same old gang of capital removers assembled at Omaha, resolved as
before to make a desperate effort for the success of their old scheme.
Hanscom, who was not a member of the legislature, except as a lobbyist,
was appealed to as usual to do all in his power to resist the attack on
Omaha, whose recognized leader he had become in such important affairs.
The matter was pretty thoroughly discussed among the most prominent
citizens, who wanted to ascertain whether it was best to pay out any
money, as usual, to retain the capital. Some of the Old settlers tell it
that Hanscom said that he, for one, had been paying out money long enough,
and that now he proposed to "whale" somebody.

   Soon afterwards they sent for Hanscom and told him that the speaker,
named Decker, an avowed enemy of Omaha, had armed

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himself with a revolver, and that his party were likewise prepared for any
emergency that might arise. A very lively row soon ensued.

   One morning the house went into committee of the whole, electing as
chairman Dr. Thrall, the present United States Marshal at Cincinnati,
Ohio, and who is a cousin to Mr. George Thrall, landlord of the Grand
Central Hotel of this city. Dr. Thrall thereupon at once stepped up and
filled the speaker's chair.

   The Omaha men immediately resorted to their old tactics of talking
against time, and it is a fact that George Clayes kept the floor until the
middle of the afternoon, when a message was received from the clerk of the
council. Under the joint rules of the legislature no message could be
received by one branch when the other, that sent it, was not in session at
the time. The council had adjourned and left their room. When the clerk of
the council appeared in the house the question was at once raised whether
the message which he bore could be received. Mr. Decker, the speaker,
walked up to the speaker's stand, with the intention of resuming his seat,
which Thrall refused to let him have. Decker grabbed for the gavel in
Thrall's hand, announcing at the same time that the committee of the whole
would rise and receive the message from the council. That was entirely out
of order as it was known that the council was not in session.

   Hanscom, under the usual resolution passed at the beginning of the
session inviting ex-members of the legislature within the bar, had spent
pretty much all of his time there. He had taken a seat the step near the
speaker's stand to quiet any difficulty that might arise, or to take a
hand [missing] necessary. When Decker came up and [missing] Hanscom said
to Thrall that, "[missing]

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Hanscom, who had jumped to his feet, pulled Thrall back again, and thus he
was kept going back and forth for a short time between Decker and Hamscom.
J. W. Paddock and Mike Murphy, who were both members of the legislature,
jumped up to prevent Decker from further interfering with Thrall. Paddock
got hold of Decker's hand and pulled him down from the stand, and while
they were scuffling, Hanscom sprang forward and grabbing him by the back
of the neck and the seat of the pantaloons laid him away or rather threw
him under the table, so that Paddock and Murphy would not hurt him. It was
indeed a very kind and considerate act. This historian has been reliably
informed that it was in no gentle manner that Decker was "chucked" under
the table. About fifty persons sprang to their feet. All was excitement
and uproar, and when it gradually subsided it was found that several
persons had been badly licked. Bloody noses and black eyes were too
numerous to mention. It was hard to tell which were in the majority--the
ayes or the noes.

   The Omaha men thus gained possession of the field, and as soon as the
fuss was over, and the speaker was out of the chair, the enemy was cleaned
out in every other way.

   Judge Kinney, of Nebraska City, who was opposed to Omaha, was called on
for a speech. He mounted one of the desks and began to talk. Thrall was
told by Hanscom to call him to order, as Kinney was not a member.

   Strickland jumped up on one of the tables and sang out, "I have the
right to talk, I am a member."

   Thrall ordered him to sit down, but he would not do it.

   Hanscom told him that if he did'nt, he would knock him down.

   "Well," said Strickland, cooling off a little, "I guess I can go out of
doors and talk." As there was no objection made to that, that ended the
fuss for that day.

   The legislature met next morning, and instead of passing a joint

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resolution to remove to another point, each house passed a resolution
adjourning to Florence, thus virtually breaking up in a row. Dr. Miller
was president of the council, and refused to put the motion to adjourn to
Florence. The gentleman from Otoe who made the motion, put it himself and
declared it carried, whereupon the council adjourned. In the house a
similar resolution was carried unanimously, the Omaha men not voting. To
Florence they went, but their action did not amount to anything. They were
not recognized as a legislature by the Governor, and they did not get any
pay for the time that they spent at Florence.

   This legislature, as well as its predecessors, reminds. one very much
of the Douglas County Republican Conventions of late years. The engraving
accompanying this chapter--which, by the way, may be called a very
"striking picture "--illustrates very faithfully not only this particular
session of the legislature, but also the three previous sessions, in each
of which some very animated and boisterous brawls and tumultuous
disturbances occurred. A knock-down was no unusual thing, as the war of
words generally resulted in a set-to at fisticuffs. The persuasive
revolver also played an important part at times in the spirited debate,
and whenever it was presented, it generally proved a very convincing
argument, for the time being at least.

   Gov. W. A. Richardson, of Quincy, Illinois, the successor of Gov.
Izard, who had gone back to Arkansas, arrived at Omaha shortly after the
legislature broke up and went to Florence. He remained here till February,
1859. The next governor was Gov. Black, of Nebraska City, originally from
Pennsylvania, who had been promoted from a judgeship. Gov. Saunders,
appointed by President Lincoln, succeeded Black, coming here in 1861 from
Iowa.

   This (the fourth) session of the legislature was held in the
Territorial Capitol, an illustration of which is herewith presented.

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   The engraving, however, does not do justice to the building, as it was
made from a photograph taken after the colonnade, which surrounded it, had
been torn down, having been pronounced unsafe. When the columns were
standing it is said that the structure presented a very handsome
appearance, excelled by but very few other buildings in the country at
that time. It stood on Capitol Hill on the spot now covered by the High
School building. It was erected by Bovey & Armstrong. George C. Bovey was
a practical builder, and Major Armstrong was the monied man of the firm as
well as the superintendent. The contract was made the 29th of November,
1855, the time of completing the structure being the 15th of September,
1856. It was not finished, however, till some time in 1857. They employed
150 men and horses in their brick-yard while erecting this and other
buildings. The cost of the capitol was $100,000.

   The capital removal question was never again agitated after 1858, to
any great extent, until Nebraska became a State in 1867.

   Congress passed the enabling act for the admission of Nebraska as a
State on the 21st of March, 1864. Under that act the electors of the
Territory held an election and adopted a State constitution, at the same
time electing State officers under that constitution, which prohibited the
right of suffrage to the negroes.

   Congress afterwards passed another act to the effect that Nebraska

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could only be admitted by a change of her constitution so that the right
of suffrage should not ever be denied to any man on account of race,
color, or previous condition of servitude.

   It was under this revised constitution that Nebraska came into the
Union as a State in 1867. It was provided in the constitution that the
first State legislature could locate the seat of government. Gov. Butler,
the first elected governor, called the first State legislature by
proclamation to meet at Omaha on the 16th day of May, 1867. At that
session the capital was removed to Lincoln without any opposition from the
citizens of Omaha. The railroads were centering here then, and it was seen
that Omaha's prosperity did not depend on the capital. She had now got
other and richer resources. Flush times had set in at the close of the
war, and the people had come to the conclusion that it was not much of a
benefit to them after all.

Upon the removal of the capital to Lincoln the people of Omaha acquired
the title to Capitol Square, as it had been donated to the State for
legislative purposes only, provided that it should revert to the donors in
case it should ever be used for any other object. The legislature, in
granting Omaha's petition, donated it for school purposes, and the
magnificent structure that now stands thereon and overlooks the city, was
built during the years 1870, '71 and '72, the capitol having been torn
down to make room for it.



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CHAPTER XV
OMAHA FROM 1856 TO 1860

DURING the year 1856 there was an inflation of the currency all over the
country, fully equal to that immediately succeeding the close of the civil
war in 1865 and 1866. Times were good everywhere, and particularly so in
Omaha. Everybody considered himself rich or likely soon to be. This state
of affairs continued all through 1856. Real estate sold at high prices,
and corner lots were in great demand at almost any figures. Speculation
ran wild in Omaha, as it did in many other new western towns at that time,
and everybody dabbled in real estate. Money was made easily and quickly.
The motto was "quick sales and big profits."

   Omaha grew rapidly in population, and a large number of buildings were
put up during that year.

   The winter of 1856-7 was a very severe one and has ever since been
considered the hardest season ever experienced in Omaha. The weather was
fair through the fall, but on the 30th of November, a

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snow-storm commenced and continued until the morning of the 3d of
December, having fallen to the depth of three feet on the level. The
weather was exceedingly cold after the storm, and remained so all winter,
with the exception of a few days in February, 1857. The snow that had
fallen at the very opening of winter did not begin to go off till some
time in the month of March.

   Omaha, having reached a population of from 1,500 to 1,800, asked
permission of the legislature to put on city clothes, and a charter was
accordingly granted to her in February, the first election occurring on
the first Monday in March, 1857. The result was as follows: Jesse Lowe,
mayor; L. R. Tuttle, recorder; J. A. Miller, city marshal; Charles Grant,
city solicitor; Lyman Richardson, city assessor; A. S. Morgan, city
engineer, A. Chappel, health officer; A. D. Jones, T. G. Goodwill, G. C.
Bovey, H. H. Visscher, Thomas Davis, Wm. N. Byers, Wm. W. Wyman, Thomas
O'Connor, C. H. Downs, J. H. Kellom, James Creighton, councilmen. The
Council met and organized on the 5th of March, and the first ordinance
passed was "to prevent swine from running at large." The first warrant was
issued to secretary Thomas B. Cuming for books and stationery furnished to
the council.

   In May, 1857, an ordinance was passed dividing the city into three
wards, as follows 1st ward--all that part of the city lying south of
Farnham street; 2d--all that part of the city lying between the north side
of Farnham street and the south side of Capitol avenue; 3d--all that part
of the city north of Capitol avenue.(1)

   The spring of 1857 opened auspiciously for Omaha in every respect. Real
estate was held at as fancy figures as ever and was about as active as in
the previous year. But in a short time, however, real estate began to get
a little heavy and did not sell

(1) Omaha became "a city of the first-class" by legislative enactment
February 9th, 1869. The city was divided into six wards, by ordinance, May
15, 1869.

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quite as readily. But there was more building during the spring and early
summer of 1857 than in any previous year since the founding of the city. A
large number of good houses were erected, which are still standing.

   The ever memorable financial break-down of that year commenced with the
suspension of the Ohio Trust Company, which was followed by the failure of
the Illinois banks and others all over the West. There were numerous "wild-
cat" banks in the territory of Nebraska at that time, as there were
elsewhere in the new West. Two or three of these banks were located at
Omaha, and one or more at every little village through the river counties.
The bank that did the largest business in Omaha and Nebraska was the
Western Exchange Fire and Marine Insurance Company. L. R. Tuttle was the
cashier, and A. U. Wyman, afterwards cashier of the Omaha National Bank,
but now the treasurer of the United States, was the teller. Mr. Wyman has
risen by his own exertions, step by step, to his present position, which
is one of the highest and most responsible offices in the United States.
The people of Omaha feel proud of his success, as he was "an old Omaha
boy." His father was the late W. W. Wyman, one of the old settlers here,
who, during his residence in Omaha, was one of her most prominent
citizens. Mrs. Wyman, his widow, and mother of Mr. A. U. Wyman, is still a
resident of Omaha.

   The Bank of Nebraska, Samuel Moffat, cashier, was also located at Omaha.

   The Western Exchange Fire and Marine Insurance Company failed in
October, 1857, and nearly all the other banks in the Territory followed
suit. Within a few months every Nebraska bank had closed its doors, with
the exception of two or three. One of these banks that withstood the
general pressure was called the Bank of Dakotah and was operated by
Augustus Kountze, who is one of the

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Kountze Bros., who now rank among the most prominent bankers in the
country, doing business in New York, Omaha and Denver. This bank redeemed
its entire circulation at par, which was considered quite a noteworthy
circumstance at that time.

   Of course the bursting of the speculative bubbles temporarily checked
the rapid advancement that was being made by Omaha, and men who had been
flush soon found themselves financially distressed. Business dragged
heavily, the bottom was knocked out of real estate, and a general spirit
of depression and despondency prevailed. It was so everywhere.

   During the summer of this year the city of Omaha issued $50,000 in city
scrip for the purpose of completing the capitol, and when that amount was
exhausted another $50,000 was issued, making $100,000 in all. This scrip
passed current at par during the time it was being issued, and until the
capitol building was enclosed and a few rooms were made ready for
occupancy. After that this scrip gradually fell until the discount was
greater than the sum for which it would pass. A large amount of this scrip
was either lost or virtually repudiated; at least it was never redeemed
except in the payment of taxes, for which some of it was used.

   The financial depression continued through 1858, and in a still greater
degree than ever. It is a fact that the population of the city decreased
during 1858 and 1859, when it is said to have contained 4,000 people, and
that it did not begin to increase again until 1860 and 1861.

   The rich gold discoveries in Colorado now gave a stimulus to western
travel, from which Omaha derived a substantial benefit from the time it
began till it ceased, and it was this that gave her another start.

   It was in 1858 that the first discovery of gold in Colorado was made by
a small party of men on a stream which is now called

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Cherry Creek, at a point where Denver was afterwards located. During the
summer of 1858 there was considerable emigration to that region, and when
enough men had gathered together they laid out a town and called it
Auraria. Afterwards a town was built up on the opposite side of the creek
and called Denver, in honor of the then Governor of Kansas.

   In the spring of 1859 the emigration to Colorado greatly increased, and
a large share of the travel and trade to and from the gold regions passed
through Omaha, which gave a decidedly hopeful and cheerful turn to affair.
Business began looking up at once, and Omaha soon became an important
outfitting and starting point. Hundreds of wagons arrived at Omaha from
the East every day, and after taking a rest here for a short time to
replenish their supplies and outfit in good shape, they would resume their
journey, with the words "Pike's Peak or bust" painted on their white wagon
covers. Omaha merchants kept their stores open night and day, and every
day in the week, Sundays not excepted, being determined to make hay while
the sun shone. Those were busy times, and our merchants coined money right
along. This Colorado emigration lasted till 1864, and Omaha was greatly
benefited thereby.

   It was in the summer of 1859 that William N. Byers, having secured a
printing office, a wagon and teams, left Omaha for Denver. On the side of
his wagon he had painted the name of his contemplated newspaper, "The
Rocky Mountain News," which he established at Denver. It has been the
leading newspaper of Colorado from that time to this.




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CHAPTER XVI
THE DOINGS OF THE CLAIM CLUB

THE early settlers of Omaha had no valid title to their lands upon which
they had located or had staked out their claims. The title was still in
the government of the United States, the land not then having been thrown
upon the market. The only title the settlers had was what they called the
"claim" or "squatter" title, and which they conveyed to each other by quit
claim deeds. These titles were generally respected by everybody, and
especially when the claimant had made valuable improvements on the land.

   The "claim club" was one of the first institutions established here. It
was gotten up by the settlers as a Sort of higher law, and also for the
purpose of giving themselves an advantage over

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those who came here afterwards. It soon became evident to them that Omaha
would, at some day, become a large and prosperous city, and they
accordingly undertook to secure the lion's share of the plunder. Under the
laws of the United States in force at that time, any settler could take
one hundred and sixty acres of land, and by staying on it, he was in no
danger of his title ever being disputed, though it was necessary for him
to wait till the land came into market before he could acquire a full and
valid title. The early settlers thought the limit of one hundred and sixty
acres was a little slow and not extensive enough. They wanted to do better
than that. So they formed themselves into a "Nebraska Claim Association,"
or, as it was soon afterwards better known, "The Omaha Claim Club,"
comprising all settlers in Omaha and Douglas county, which then included
Sarpy county.

   A "Nebraska Claim Meeting" was held at Omaha on the 22d day Of July,
1854, almost immediately after the survey of the town site was completed.
It was composed of a respectable number of the claimants of the public
lands in the vicinity of Omaha, as the first number of the Omaha Arrow,
July 28, informs us.

   S. Lewis was called to the chair, and M. C. Gaylord was appointed
temporary secretary. A complete code of laws was enacted providing for the
manner of marking claims, and that no person could hold more than three
hundred and twenty acres,(1) but that it could be in two parcels. No
person could hold more than eighty acres of timber, but that also could be
in two separate parcels.

   Marking the claim and building a claim pen four rounds high in a
conspicuous place would hold the claim for thirty days, at the expiration
of which a house had to be built thereon. Transfers of claims were to be
made by quit claim deeds. All differences were to be settled by
arbitration.

(1) See Omaha Arrow, No. 1, July 28, 1854.

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   After the passage of these laws the association proceeded to the
election of its officers, as provided for in the claim code, the result
being as follows: A. D. Jones, Judge; S. Lewis, Clerk; M. C. Gaylord,
Recorder; R. B. Whiffed, Sheriff. So it will be seen that A. D. Jones was
our first Judge, and fully entitled to the honorable prefix, although he
is never called Judge now. New officers were elected from time to time,
and these laws were slightly amended at different periods, forming the
model for similar clubs which were organized all throughout the territory.

   The Omaha Claim Club made a regulation that each member should hold
against all claimants provided he made improvements on the land to the
value of $50 per year. Under this regulation all the land within five or
ten miles of the city was gobbled up by the settlers, each one taking 320
acres.

   Two or three years afterwards when new settlers began to arrive pretty
fast, this regulation gave rise to a great deal of serious difficulty, and
in some cases bloodshed resulted. The claim club was very arbitrary, and
in some cases oppressive, in enforcing some of its regulations, and those
of the "old settlers," who still reside here, do not like to say much
about the matter. We will, however, mention a few well authenticated
incidents of their action in respect to the adjustment of difficulties
arising from disputed claims.

   Mr. George Smith, better known as "Doc." Smith, the veteran surveyor of
Douglas county, was one of the many victims of the wrath of the Omaha
Claim Club. He had taken up a claim--in the vicinity of his present
residence in the northern part of the city--on the 15th day of May, 1856,
and by the 18th instant he had his house half completed, when an armed
party of seventy-five or one hundred men, under the direction of the Omaha
Claim Club, came up and in a few minutes leveled the building to the
ground, and threatened to put an end to the existence of Mr. Smith, who
saw it

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was useless to resist against such overwhelming odds. He had retreated to
a small clump of trees and bushes, where he held a brief consultation with
the captain of the men, who advised him to leave at once. Mr. Smith acted
on this advice, and going down under the bluff, he quickly departed and
crossed the river to Iowa, going to Glenwood, where he remained most of
that summer, occupying his time in cultivating a small piece of ground
that he had there. He visited Omaha occasionally, but he made no attempt
to recover his land. In the summer of 1857 Mr. Smith returned to Omaha,
and soon after, early in 1858, employed a Washington lawyer, Richard M.
Young, to present his case to the Commissioner of the General Land Office,
Hon. Thomas A. Hendricks, who had replied in December, 1857, to the letter
of the register and receiver of the land office at Omaha in reference to
the matter, that as Smith was absent from the land claimed for more than
one year; that as there was no evidence that he attempted to return and
take possession of his claim, or that he resorted to legal proceedings to
obtain possession or to protect himself, the General Land Office could not
take the place of the local law, and its officers, to protect him; and
further, that not having complied either with the letter or the spirit of
the pre-emption law, his claim was rejected.

   Young went at the case with a will, notwithstanding this adverse ruling
of the Commissioner, and gathering all the facts and testimony. he
presented the matter in a clear and convincing manner,  and finally
recovered Smith's land for him. Young, had the facts and testimony of the
case printed in pamphlet form, and distributed throughout Nebraska at the
time, and we have now in possession a copy, from which we have gathered
considerable information.

   John A. Parker, who was register of the land office at the time Smith
was driven off his land, was one of the main witnesses for Smith. In his
affidavit he testified as follows:

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   "That he was present at Omaha in May, 1856, at which time the said
George Smith had erected a house on the above mentioned land, and which
was the only house or other improvement on said land; that soon after said
house was erected on said land he saw a large and excited mob, fully
armed, proceed to said house and pull the same down, and give notice to
said Smith to leave the Territory immediately, under pain of being placed
in the river if he failed to do so; that the said Smith did, in fact,
leave.

   "On or about the 1st of February, 1857, the land office opened at
Omaha, and the 'Claim Association' held a a meeting, and passed
resolutions, that no man should be permitted to pre-empt land without the
consent of said association; and a committee of vigilance was appointed to
see that no person violated said resolution, and to punish and 'dispose
of' all who did make any effort to comply with the laws of the United
States. Some were summarily dealt with, and have not since been heard of.
An effort was made to find Smith, for the purpose of making him abandon
his claim, and it is within the personal knowledge of this affiant that
threats were made, if he could be found and refused to comply, he should
be hung; and this affiant has no doubt that said threats would have been
executed.

   "Some time in April the said Smith wrote to this affiant asking if he
could, in his opinion, safely appear at his office to consummate his pre-
emption. He replied, that he did not think he could do so, and any attempt
on his part would forfeit his life.

   "Again, in the summer, he was written to on the same subject; and he
was then advised to come down to the office at night, and bring his
witnesses with him, so that the facts should be sent to the Commissioner
of the Land Office--all of which was done.

   "During the whole period there was no bona fide settlement on said
land, nor was there any such settlement up to the time said Smith came to
the office. The only real claimant to the land was

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Omaha, and it constituted a portion of the 3,500 acres which was set apart
and claimed for the town, but constituted no part of the area entered, or
built on, and occupied for town purposes. It not appear that there was any
laches on the part of Smith, nor there any law in existence to which he
could appeal to place in possession of the land, (even if such a law could
have been forced against a mob.) The legislature, at its session of 1857,
repealed all civil and criminal laws, and had not substituted others.

   "This affiant is in doubt whether, at this time, the said Smith could
safely enter on the land; but, if it is entrusted to him has no doubt he
will make the effort.

(Signed) JOHN A. PARKER,
Late Register Land Office, Omaha,N.Y."


   A grand mass meeting of the Omaha Claim Club was he Pioneer Block on
the 20th day of February, 1857. The meeting called to order by the
President, when it was announced that delegations were present from
Bellevue, Florence, Elkhorn and Papillion ready to offer aid and counsel
of their respective districts, to assist people of Omaha in the protection
of their rights.

   The delegations were admitted by acclamation, and a committee of five
was appointed to draw up resolutions expressing the sentiments and
intentions of the squatters. The resolutions were as follows:

   "Whereas it appears that evil disposed persons are giving trouble in
different parts of this vicinity, in attempting to pre-emp claims and
parts of claims held by bona fide claimants, to the annoyance of the
rightful owners: Therefore,

   "Resolved, That we have the fullest confidence in the power of the
claim associations to protect the rights of the actual settler we pledge
ourselves as men, and as members of the different associations in Douglas
and Sarpy counties, to maintain the claim

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title as the highest title known to our laws, and we will defend it with
our lives.

   "Resolved, That persons shielding themselves under the Act of Congress
to pre-empt a man's farm under the color of law, shall be no  excuse for
the offender, but will be treated by us as any other common thief."

   The resolutions were adopted by acclamation, and the captain of the
regulators was authorized to select a vigilance committee to carry out the
intention of the resolutions.

   It was then ordered that the proceedings of this meeting be printed and
posted in public places and published in the newspapers of the Territory,
and the meeting then adjourned until Saturday,  the 21st when a committee
was appointed to attend at the United States land office and warn settlers
of an attempt to pre-empt their land. The captain of the regulators choose
a secret vigilance committee and minute men were enrolled to execute the
orders of the association in the speediest and most effiectual manner,
when the meeting adjourned.

    It has been related to us that at a meeting of the Omaha Claim Club in
Pioneer Block--very likely at the same meeting that we have just described-
a well known man, now dead, in speaking of what should be the fate of
those who threatened to prove up on a claim not their own, said, "Instead
of letting them prove up we'll [keek] send them up," at the same time
accompanying the remark with a noise as of a choking sensation, and with a
gesture of the hand to indicate the sudden elevation of an object towards
an overhanging limb. These gestures were especially significant as coming
from one known to have been tried for the killing of a man. This incident
may remind the reader whenever he hears the expression "we've got 'em a-
keeking," that somebody has got somebody else in a tight place-choking the
wind out of him, so to speak.

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   On the 21st of February, 1857-the very next day after the holding of
the "grand mass meeting"--the club began to carry out its resolutions, and
rallying its members to the number of one hundred or one hundred and fifty
men, all fully armed and equipped, they marched out in a body to the
southwestern portion of the city, and forcibly dispossessed of his
premises Jacob S. Shull, who had squatted on what he had rightfully
supposed to be a piece of government land, and being a citizen of the
United States he claimed the right to settle upon and improve it under the
pre-emption laws.

   Seeing this large body of men bearing down upon him, and knowing what
they were coming for, he concluded that discretion was the better part, of
valor, and accordingly hurriedly retreated.

   The claim club tore down and set fire to his buildings, destroying
everything on the premises, and then began hunting for him. He lay
concealed for two days behind a counter, in a dry goods store, and his
hiding place, fortunately for him,, was not discovered by his pursuers,
although they searched nearly every building in town, the store in which
he lay included. Finally after the excitement had somewhat subsided, he
made his reappearance, and was not any further molested as he kept very
quiet. Of course he did not dare to openly assert any claim to the land
after this occurrence. Mr. Shull did not live long after this event, dying
inside of a year after his dispossession of the land. His death, it is
said, was greatly owing to the treatment he had received at the hands of
the claim club. His trouble bore heavily on his mind, and caused a general
depression of his spirits. Upon his death-bed his last thoughts were of
his property, and his last words, uttered to his son, Henry D. Shull, then
a very young man or rather boy, were, "You [meaning the family] will get
it some day," and his prediction came true.

   The party claiming the land under the club law, afterwards procured his
title from government. The heirs of Mr. Shull, however,

Page 106

carried their case to the courts, and without any difficulty at all
procured the title from the government for the 160 acres of land, and the
last claimant was then ousted and "went about his business." The heirs
still reside in this city, and are now enjoying the profits arising from
the sale of the land in city lots, it having become quite valuable in the
meantime.

   Another case was that of an Irishman named Callahan, who had settled
upon a piece of land in the western part of the city, in the vicinity of
West Omaha. He, too, was dispossessed by the claim club; but he went back
a few days afterwards, acting under the advice of some one who was not
known, and took possession of the land again. Thereupon a committee of the
club arrested him on the land and brought him before the club for the
hearing of his case. It was an august and solemn assembly, and the trial
was gone through with in accordance with the rules of the squatter law,
the verdict being that he should renounce all claims to the land, or be
drowned in the Missouri river. He was given thirty minutes to decide the
vital question whether he would give up his claim or become bait for the
fishes. He refused to relinquish the land. He was then led to the river
where a hole was cut in the ice, the event transpiring in February or
March, 1857. They ducked him into the hole, taking good care, however, not
to let go of him, for if they had, he would have been swept under the ice
by the strong current.

   They soon took him out, stood him upon his feet, and asked him to
renounce the land. As soon as he could spit the water out of his mouth, he
emphatically declared that he would not. He was again ducked under the
water, and a second time pulled out, still remaining obstinate. They gave
him a third submersion, and he then finally agreed to yield to their
demand, having become convinced that they meant business, and would soon
vary the

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monotony of the transaction by letting go their hold. The half-drowned and
half-frozen victim was brought up to the city to sign a document of
relinquishment, but by the time they arrived at the appointed place, it
was found that the man was not able to stand up, the cold bath and the
exposure having been too much for him. Dr. McElwee, who died about a year
afterwards, and Dr. Thrall were immediately summoned to attend to the
case. The doctors took the patient into a warm room, stripped off his wet
clothes, some of which were actually frozen stiff, wrapped him in dry
blankets, and gave him three doses of whisky. This treatment, especially
the stimulant, soon revived him, and he then signed the deed of
relinquishment. The land was entered and sold to an innocent party, which
ended the matter. Poor Callahan died a few years afterwards, his death
being hastened, as it is said, by the ducking he had received.

   At another time a meeting of the club was held in Pioneer Block, there
being about one hundred members present. A man named Ziegler was arrested
and brought before them on the very serious charge of having asserted
claim to some piece of land belonging to some member of the club. The
president put the usual question to him, "Guilty or not guilty?" He
pleaded "not guilty," and stated defiantly that he claimed that land and
proposed to stick to it. His trial occupied just ten minutes, and no time
was wasted in any foolishness or red tape. The verdict was that he should
relinquish all claim to the land, or be banished from the Territory, and
in case he returned to suffer death. The president of the club with all
the solemnity he could command, ordered him to stand up and receive his
sentence, which was delivered in accordance with the squatter law in "such
cases made and provided."

   Ziegler was then escorted to the river by a committee and ordered to
depart, which he proceeded to do without any further ceremony or a second
bidding.

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   Ziegler came back a few weeks afterwards, but did not set up any more
claims to the land, and he was not troubled again by the claim club.

   It was on the 17th of July, 1857, that one Daniel Murphy entered at the
land office in Omaha a fractional quarter of a section of land near the
Platte River, about two miles west from Larimer Mills, in Sarpy county.
The land so entered joined a piece owned by two other men, both of whom
had taken advantage of the law, and had entered, under the pre-emption law
of 1841, the full amount thus allowed. They wanted more, and to accomplish
their end they asked the aid of the Omaha Claim Club. These two men wanted
to purchase the land from Murphy, but he refused to sell. He was then
inveigled into an office by them, and found himself in the presence of
several persons, among whom was a lawyer. They demanded that Murphy should
sell, but he still objected. Threatening language was used towards him,
and it was insisted that he must surrender his certificate of entry. While
they were thus parleying with him, Murphy, who saw he was in the enemy's
camp, sprang through a window, while they were a little off their guard,
and attempted to escape. But he was caught and brought back, after a
fierce struggle in which his clothes were almost entirely torn off. One of
his captors, as the story goes and as it has appeared in public print,
pointed a revolver at his head, and another flourished a bowie-knife in
close proximity to him. His clothes were searched for the certificate but,
could not be found, as Murphy had rolled it into a small ball and
concealed it in his mouth. Being unable to find it, they then directed
their lawyer who was a notary public, to swear Murphy to the fact that the
certificate was lost and destroyed, and Murphy, thinking it advisable
under the circumstances, accordingly made such an oath, and also signed a
deed conveying away his land for the consideration of $1,000 as was
expressed in the

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instrument, but it is said that Murphy was banded only $100. Murphy was
then permitted to depart with the admonition that he must say nothing and
leave town, and to this latter proposition he was also, sworn. Murphy
sought advice, but found to his sorrow that the power of the claim club
was omnipotent and that he could not obtain relief He went to work for a
short time at day wages, but being threatened on various occasions, as he
said he still claimed the land, he -removed to Iowa, and thence to
Missouri. He afterwards returned to Omaha about the year 1870, after the
death of one, of the other two claimants, and brought suit for the
recovery of the land. It was said that this case was a "hatched up job,"
and we understand that it never came to trial; at least if it did, it
resulted in nothing for the claimant.

   The following story of the doings of the early claim clubs has,
appeared in print, and is another good illustration of how they managed
affairs in those days: An Irishman had entered the claim of another at the
land office, receiving therefor a certificate, and he was soon afterwards
taken in hand by the club to which the first claimant of the land
belonged. The man was knocked down, tied and put in a wagon which was
driven under a big cottonwood tree; a rope was put around his neck and he
was told to say his last prayers, for unless he would sign over his
certificate he would be hung at once, The Irishman declined to either pray
or sign over, and was instantly strung up. He was left dangling a moment,
and was then cut down and restored to consciousness. Being still
obstinate, he was again elevated, and a second time released from the
unpleasant situation. He still refused to comply with the demands or the
club. After a short consultation it was decided to lock the prisoner up,
put a sentinel over him, and starve him into submission. The plan was
carried into effect, and after the Irishman had stood it till he had
suffered extreme torture from the want of food, he

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sent for the leader of the club and told him he was ready to transfer the
certificate which he had received at the land office, to the one who had
first occupied the land, and also to sign a quit-claim deed. This being
done the prisoner was released, and the supposition is that the first
thing he did upon gaining his liberty was to take a square meal and wash
it down with a big horn of good old Irish whisky.

   Concerning the claim clubs we find the following interesting paragraph
in Woolworth's "Nebraska in 1857" "Where the land has not been surveyed,
the United States law affords no protection to a squatter, against a
jumper; that is, a person entering upon his claim and asserting a
possessory right to it. To afford protection in these cases, the
Territorial legislature passed an act, approved March 6th, 1855, relative
to claims on the public lands, by which it is provided that the squatter
may hold 320 acres by forming with his neighbors a club, which is required
to make and record with the register of the county its regulations. By
this act these clubs are invested with legislative powers for their
neighborhoods. Their operation is this: A member of the club has fulfilled
the requirements of the rules in staking out his claim, recording it, and
improving it. A person steps in and claims it for himself. The matter is
brought before the club and examined. If the second claimant, who is
called a jumper, can not show that the first claimant has no right to hold
the claim, under the regulations of the club, he is required within a
certain period to withdraw his claim, on penalty of expulsion from the
Territory, or of death. Such is the necessity of the case, that in any
event in which he should not yield, the penalty is promptly enforced. Most
clubs construe a person who is not a citizen of the Territory a settler,
provided he has a tenant on the land. But few cases of extreme measures
have arisen. These regulations afford pretty safe possession to the actual
settler; although it

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can be hardly doubted, that the law of the Territory conferring
legislative authority on the clubs, is unconstitutional. Still public
opinion is more than law."

   The rules of these clubs were the only security of the settler prior to
the land sales, and hence much can be said in their favor, notwithstanding
there were some abuses--an inevitable result whenever men take the law
into their own hands. Claim-jumping was considered the highest crime in
those days--horse stealing coming next in importance. Claim clubs were a
necessity as long as squatter titles existed, but as soon as government
title to land could be obtained, there was no further use for such
organizations, and accordingly the Omaha Claim Clubs, as well as all other
similar associations in Nebraska, disbanded in 1857-58.

   During the year 1856 the land in the Territory was surveyed by the
government. The title of the land, the reader is reminded, was still
vested in the government.

   The first entry of land ever made in Nebraska was in March, 1857, in
which month the river counties were thrown upon the market. The title
could only be acquired from the government under the pre-emption law Of
1841, which required a settlement on the land by the party making the
entry. The only exception to this was in the case of cities and towns,
which were entered under the municipal act of 1844. The pre-emption laws
were very liberally construed. The parties who entered the land qualified
themselves under the law by a residence of five days on the tract claimed;
of late years, however, a six months' residence is required under the same
law.

   The first public sale of government lands to the highest bidder was
made on the 5th of July, 1859. Up to this date no land had been offered in
the market except in the river counties.

   Col. A. R. Gilmore was the first receiver of the United States

Page 113

land office at Omaha, and Col. J. A. Parker, was the first register.

   The land covered by the site of Omaha was granted in two patents--one
to John McCormick, dated May 1st, 1860, the land having been bid off by
him at the public sale of July 5, 1859, acting as trustee, and the other
to Jesse Lowe, Mayor, dated October 1, 1860, on the entry made March 17,
1857.




Page 114

CHAPTER XVII
PIONEER JUSTICE

IN every new country the settlers frequently feel called on to mete out
justice to offenders, in their own peculiar way, owing to the inefficiency
of the laws and the "freshness" of the executives, if any there be.
Pioneer justice is swift and although sometimes rather harsh it is
generally administered impartially and correctly. No guilty man escapes
through the law's delay or through the law's technicalities. As a sample
of pioneer justice we will relate the following truthful tale. It was in
the summer of 1856 that a couple of vagabonds stole two horses from the
settlers in the vicinity of Omaha, who had been frequent losers by the
operations of horse thieves. These two horses were sold by them to some
Pawnee Indians near the Elkhorn, on the south side of the river, south of
Fremont.

   One day soon afterwards the animals strayed back to Omaha and were
recaptured by the owners. The Indians came after them, but of course could
not get them again. They were questioned as to their claims to the
animals, and replied that they

Page 115

had bought them from white men. They were then told that the next time any
white men offered to sell them horses to hold them as prisoners, and give
information of the fact. Shortly afterwards the same two men made their
appearance among the Pawnees and wanted to sell them some mules. The
Indians, remembering that they had lost the horses which they had
purchased from these men, and not forgetting the instructions they had
received at Omaha, at once arrested the thieves and brought them into the
city, delivering them up to the whites. There was no jail in town then in
which to confine them, and if there had been the society was not
sufficiently developed to punish crime in the usual manner. So the matter
was, talked over among the citizens and others, and the conclusion was
arrived at that the thieves should have their heads shaved, and that each
should receive thirty-nine lashes on the bare back, and that they should
return to the Indians the amount received for the horses.

   The crowd at once proceeded to carry, out their "conclusion." A colored
barber named Bill Lee, a Madagascar negro, was employed to shave their
heads, and he did the work in a highly artistic manner. He shaved the
right side of the head of one of the thieves and the left side of the head
of the other.

   The prisoners were then led up to a liberty pole, which had been
erected the year before on the then vacant block between Harney and
Farnham and Twelfth and Thirteenth streets, in front of the old Apex
saloon, which was kept by Charley Green and Dick Kimball, the latter of
whom still resides in the city. The Douglas House, which was then the
leading resort in the town, stood not far distant. One of the thieves was
stripped to the hips and his hands tied to the liberty pole. A good heavy
rawhide was brought out and everything was then ready for the whipping.
The performance however, was somewhat delayed on account of there being no
one who seemed willing to handle the rawhide.

Page 116

   During this delay the trembling wretch stood there waiting for his
punishment. At last, however, it was suggested that the Indians should do
the whipping. The Indians readily assented, and one of them started in
rather too vigorously, so that he had to be checked. Another suggestion
was then made that the owners of the horses that had been stolen should
undertake the job, and they accordingly performed the whipping to the
satisfaction of every one, especially the Indians, who seemed to greatly
enjoy the scene, and they were the only ones who really appeared to relish
the performance. The owner of one of the horses whipped the first thief,
who counted each-lash as it fell, and when the last stroke was applied, he
yelled out, "That's all." The other thief was then led up and tied to the
pole, and was whipped by the owner of the other horse. The names of the
two men who did the whipping have passed out of the recollection of nearly
everybody, but one old settler of Omaha informs us that they were Joe
Gurnett, who is now in Montana, and Jesse Shoemaker, who is at present
somewhere out west.

   The citizens all regretted the affair, but regarded it as an
unavoidable necessity, as there had been so much horse and cow stealing
going on. Chief justice Ferguson--whose son A. N. Ferguson is now a
promising young lawyer of this city--was greatly opposed to this
transaction from the very start, and did all in his power to stop it. He
said it was all wrong, and that they had no business to take the law into
their own hands. He directed B. P. Rankin, then United States Marshal, to
disperse, the mob, confine the prisoners, and give them, a hearing.

   Rankin, who did not think it advisable to act in opposition to the
sentiment of the crowd, obeyed the order, but in such a manner that it had
no effect whatever. He is said to have delivered the command of the Judge
in a tone of voice little above a whisper. No one paid any attention to
him. The whipping, proceeded until the

Page 117

Page 118

full punishment had been inflicted, after which the victims were conducted
to the river and allowed to depart. They never showed themselves in this
vicinity again, and it is quite likely that they were effectually cured of
horse stealing-in Nebraska, at least.

In the month of March,, 1858, two men, one named Braden and the other
Daley, were hung by a mob for horse stealing. These two fellows had stolen
horses from some farmers at or near Florence, six miles north of Omaha.
They had lost horses before, and could not recover them. After a long and
determined chase they captured Braden and his companion, Daley, together
with the stolen horses. They conveyed the prisoners to Omaha, where they
were incarcerated in jail. They had a preliminary hearing before a
magistrate, who committed them to jail in default of bail to await their
trial.

   A few days afterwards a small party of men early in the evening
gathered around the Court House, which was approaching completion, and was
partially occupied. One of them stepped into the
sheriff's office, being the same room in now occupied by County Treasurer
Althaus, and without any demonstration or saying anything, walked to the
further side of the room and took the key of the jail
from the nail where it was hanging. He left, the office before the
sheriff's wife could give the alarm. She was the only person there, her
husband, Cam Reeves, being absent.

   The party of men then entered the jail, and took out Braden and Daley
and tied them with a rope. Dumping the prisoners into a wagon, they drove
rapidly to the north, being followed by a large crowd of men in vehicles,
and on foot, who no doubt anticipated the result. The whole party
proceeded to a point two miles north of Florence on the main road. The
wagon stopped under an oak tree, from which a stout limb projected. A rope
was thrown over this limb, allowing the ends to hang down. One end of the
rope was

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tied around Braden's neck, and the other around Daley's neck, the one rope
being thus used to hang the two men. The wagon then started up, driving
out from beneath the unlucky horse-thieves, who were thus left dangling in
the air, with their backs to each other, or nearly so.

Page 120

   The mob quickly dispersed after the hanging. The bodies of the victims
remained suspended there fill noon of the next day, and .when they were
cut down it was found that Braden by some means or other-a matter of
mystery by the way to everybody-had got the rope into his mouth, so that
the noose did not pass around his neck. He had undoubtedly, just
previously to his being launched into eternity, worked the rope up to his
chin, thinking in all probability that he might thus save his life until
the crowd. had disappeared, when he might either be able to release
himself, or some one might come to his assistance. When the wagon drove
from under him the rope very likely was jerked from his chin into his
mouth with very great force. But no one came to his rescue, and he was
found as dead as his companion. The remains were conveyed to Omaha for the
purpose of having an inquest held over them, and were placed in the same
cell from which they had been taken alive on the previous evening. The
next morning the bodies were found horribly mutilated by the rats. Byron
Reed and John Logan, the then city marshal, were the first to make the
sickening discovery. The public sentiment was very strong against the men,
whoever they were, who had done the hanging.

   A coroner's jury was empanelled, and Dr. George L. Miller was elected
foreman, and Byron Reed was the clerk to take down the testimony. The
inquest lasted two or three days. A great deal of feeling was manifested
on the part of the farmers whose horses had been stolen, as well as on the
part of the people throughout the country. It was even found necessary
during the progress of the inquest to employ a number of deputies to
assist the sheriff in bringing in obstinate witnesses before the jury. In
one case it required the combined strength and exertions of four men to
fetch in a certain witness who absolutely refused to say a word about the
case. It was well known that he was present when the men were hung. Some
twenty

Page 121

or thirty witnesses, who saw these men hung, were examined. They admitted
the fact of being spectators, but said they had no hand in the affair, and
did not know anybody who had. The coroner's jury failed to find out the
leaders of the mob. Although they had their own suspicions, they could not
substantiate them by any legal evidence. The result, however, was that
four men were held for trial at the district court for participating to
some extent in the mysterious affair. They were tried and acquitted, but
not before they had taken a change of venue to Sarpy county. One of these
men lives in Omaha at the present time, and another near Florence. It is a
fact that this affair ruined every one of them, mentally and financially.
They had previously been prosperous men, but after this trial they met
with reverse after reverse, and have never since recovered.

   The sheriff was afterwards indicted, tried and convicted of direlection
of duty in not preventing the hanging, and was fined several hundred
dollars. Judge Ferguson was the Chief justice at the time, and James G.
Chapman the prosecuting attorney. The records of this case have all been
lost.

   Sometime in the spring of 1861 there came to the house of Mr. George.
T. Taylor, who then lived on the military road ten miles northwest of
Omaha, where it crosses the Big Papillion, two men named Bouve and Iler,
who were what might be termed professional tramps. There was no one at
home except Mrs. Taylor, whom they assaulted and ordered to deliver up
what money and valuables that there were in the house.

   Mrs. Taylor, being a resolute woman, made objection to the proceeding,
and attempted to scare them off, when Bouve seized her, threw her on the
bed, tied her hands and otherwise, fastened her so that she could not
move, and then struck her, but without inflicting any great injury. He
then wanted to burn her up, but Iler prevented him by interfering and
saying that he ought not to strike a woman

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or hurt her, as all they wanted was money. Bouve said he did'nt care for
the consequences. They then robbed the house of money and other valuables,
consisting mostly of silverware. Bouve was not satisfied with the plunder,
and thinking that Mrs. Taylor had not revealed the whereabouts of all the
valuables, he pointed. a revolver at her, and would no doubt have shot
her, had it not been for the second interference of Iler who said he
didn't want any murder committed. The remarks of Iler in Mrs. Taylor's
behalf afterwards saved his life. The thieves gathered up their plunder
and came into Omaha.

   Mr. Taylor returned home shortly afterwards, and upon learning the
circumstances immediately came into Omaha and gave an account of the
robbery.

   Mr. Taylor next went before Major Armstrong, who was police judge and
mayor of Omaha, and swore out a complaint against those old offenders John
Doe and Richard Roe, as the real names were unknown. Thomas Riley, who is
now a wholesale liquor merchant, was then city marshal, and a good officer
he was too, during the three terms that he held that responsible office.
In his hands the warrant of arrest was placed, and it was not long before
he reported that he had discovered two men, whom he had not seen in town
before, playing cards in a saloon under the Western Exchange Bank
building, now occupied by Caldwell, Hamilton & Co. He had learned that
they had first made their appearance here early that morning, and seemed
rather free with their money. Riley was ordered to arrest them and bring
them before the court, which he did without any unnecessary delay. The
prisoners gave their names as James Bouve and John S. Iler, and said they
had just come in from the west and were seeking employment as laborers.
Judge Armstrong had them searched, and not being able to identify them as
the perpetrators of the robbery, and after apologizing to them for the
indignity

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they had suffered, they were discharged. As soon as Bouve and Iler had
retired Judge Armstrong suggested to Marshal Riley that he had better keep
an eye on them so that he could find them in the morning. The judge then
sent Mr. Taylor home with directions to bring his wife and hired man to
the city before noon of the next day. Next morning Marshal Riley was
directed to re-arrest Bouve and Iler, on whom he had kept a strict watch.
After their release they had gone back to the saloon under the Western
Exchange building, and in a braggadocio style swore that they would "make
the town ring," as they had plenty of money which they, were expecting
from friends in a day or two. When they left the saloon in the morning
they were followed by Riley down to the river where he arrested them. They
were no doubt intending to go to the spot where they had buried their
plunder. Marshal Riley brought the men before Judge Armstrong. Mrs. Taylor
had arrived in the city by this time and had been placed in a back room by
Judge Armstrong, unobserved by anybody. The court room was thronged with
spectators, who were directed to arrange themselves against the sides of
the room, and Bouve and Iler were placed among the crowd. Mrs. Taylor was
then brought forth. Her presence created quite a sensation. She was a
tall, slim, stately woman, past the meridian of life, her pale,
intelligent face had a weird expression, and altogether she impressed the
lookers-on with the fact that she was no ordinary woman and one that had
evidently seen better days. The Judge stated to her why he had sent for
her, and asked her if she would know the men who had robbed her if she
should see them again. She sprang to her feet and striking a tragic
attitude, screamed out, "Yes, I could tell them among ten thousand
people!" She then began at the head of the line, looking steadfastly into
the eyes of each man as she slowly passed along. Finally she stopped in
front of Bouve, and exclaimed, "You are the man! I

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know you even if you have shaved off your whiskers, for I never can forget
those eyes!" This act of identification was a thrilling episode, and the
crowd felt relieved from the suspense in which they had been held up to
this time. Mrs. Taylor then walked along the line a few steps farther and
halted in front of Iler, saying, "And you are the other man; you saved my
life. It was you who said, 'Jim, don't shoot the old woman."'

   Both men were then committed to jail and put in separate cells. That
night a committee of citizens visited Bouve and informed him that Iler had
confessed. They did this in hopes to get Bouve to commit himself, but they
did not succeed. They then tried the same game on Iler by telling him that
Bouve had confessed. Thereupon Iler told everything and informed them
where the money was hidden. The committee, accompanied by Marshal Riley,
who took Iler along, then went to the place, on the bottoms near an old
brick-yard north of the present location of the Union Pacific shops, and
there by the side of a lantern they found the money and other articles.
Iler was then taken back to jail.

   The next day a large meeting was held in front of Pioneer block. There
were over five hundred men present, and among them the very best citizens
of the town. It was decided to try Bouve and Iler then and there, by a
jury of twelve good men. The jurymen were selected, and the trial
proceeded in a room in Pioneer Block. Wm. A. Little, afterwards Chief
Justice, and Robert A. Howard defended the prisoners, and pleaded
eloquently for the law to be allowed to take its course. The jury found
the men guilty of the offense charged, and the question was whether they
should be turned over to the vigilance committee, with the recommendation
that Iler should be treated leniently. The question was also put to the
crowd outside, after they had been addressed pro and con by several
eloquent speakers, and they voted in accordance with the verdict of the
jury, that the vigilance

Page 125

committee should dispose of the case. They voted by stepping across a
dividing line, and when the crowd dispersed it was pretty generally
understood that the vigilance committee would have a "neck-tie sociable"
that very night. And so they did. At midnight they proceeded to the jail
and overpowered Marshal Riley, who was in charge; and taking the keys from
him, the crowd passed him outside over their heads. They then unlocked the
door of Bouve's cell, and hung him to a beam in the hall, the tips of his
toes actually touching the floor, so that the planks had to be taken up to
let him have a free swing. The county was thus relieved of any further
expense or trouble in the case. It is said that he died game, making no
confession and cursing the crowd in the most bitter terms. He is reported
to have killed several men in Colorado, being a gambler and a thief by
profession, and a daring desperado.

   A good story is told in connection with this event. The men all there
disguised, and unknown to each other. While they were looking for a place
to hang Bouve from, a man who spoke through his nose--a defect known to
everybody--exclaimed in his peculiar tone of voice, "Say, boys, here's a
good beam to hang him on." Everybody recognized him at once, and the
solemn scene was sandwiched with a general laughter for a minute or two.
Bouve was hung from that very beam. In consideration of Iler's efforts in
behalf of Mrs. Taylor at the time of the robbery, and his confession, he
was set free by the vigilantes, who directed him to leave the country.
They nearly scared the life out of him by firing their revolvers after him
as he rapidly disappeared out of sight in the darkness. He went as far as
Bellevue and obtained employment in a saw-mill, but a few months after he
enlisted in Captain W. G. Hollins' company of volunteers, served through
the war and received an honorable discharge as sergeant.

   This hanging affair, which was conducted by the best men of

Page 126

Omaha, had a salutary effect on the vagabonds and desperadoes who then
infested the city and vicinity, and they made themselves very scarce for a
long time afterwards.

   The vigilance committee had considerable work to perform during the
early days of Omaha and they did it well and effectually. At one time the
gamblers became very numerous and bold, and it was decided to rid the town
of them. The vigilantes accordingly proceeded to the rooms of the gamblers
at a late hour of the night, having their faces masked, and by the dim
light of a lantern would make the victim get up and hand him a letter
telling him to travel within the next twenty-four hours. They all stood
with revolvers cocked, and in the dull light, masked as they were, they
presented a hideous appearance. The victim of their wrath needed no second
warning, but left the town in every case within the given time. Another
hint to leave was the painting of a skull-and-cross-bones on the door of
the gambler's room. One hint of this kind was sufficient. It was not long
before the gamblers betook themselves to a more congenial clime.

   In 1859 a young man was caught attempting to burglarize a jewelry
store, and was handed over to the vigilance committee, who took him to the
bluff just east of the Herndon House, and informed him that they were
going to hang him. The fellow begged of one of the crowd, whom he knew, to
"excuse him from hanging this time." Amid a shout of laughter, be was
strung up to a tree, when some one cut the rope, allowing him to plunge
into a snow-drift fifteen feet deep. When he emerged he was trying to
loosen the rope around his neck. The vigilantes opened fire on him, and he
took to his heels down the hill and over the river on the ice, never
stopping till he reached Council Bluffs.

   A man engaged in passing counterfeit money was nabbed by the
vigilantes, who made every arrangement to hang him in a cellar on

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Farnham street, when he confessed, implicating a Nebraska City man, who
thereupon left the country. The sheriff "rescued" the man, by previous
agreement, from the vigilantes, and put him in jail, from which he
afterwards escaped with several other prisoners.

   We have related only a few of the exploits of the vigilantes, but they
are sufficient to illustrate their operations, which were always for the
good of the community, and we have yet to hear of a case wherein they made
a mistake.