1901 History of Republic County Kansas

the learned counsel, on the grounds that the questions were unimportant, impertinent, incompetent, irrelevant, insignificant, improper, immaterial and incoherent, and several other objections which I do not now distinctly remember, and were argued at great length by the learned counsel, in very much the same manner as at the present time, whenever the court will allow them to do so.

When the court was asked how he would rule, he invariably decided, "That the witness must tell the truth." This decision was not popular with the attorneys on either side, but was the only one that could be obtained in Justice Ebbling's court during the entire trial and for which he received the commendation of all disinterested parties.

If this rule could been forced at the present time the ends of justice would be better subserved than they are. This suit, although originally brought by Sears for the recovery of possession of a team of horses held jointly by the fair but frail Lucinda and the irrepressible doctor, which they claimed to have received from Sears for kindness shown him by Lucinda and services rendered by the doctor. By some legerdemain on the part of the plantiff's counsel the paternity of a certain male child born to the fair but frail defendant, Lucinda, some time prior to the commencement of this suit, was called in question, and was by the court admitted as a part of the case. For the purpose of the plaintiff it was necessary to show that said child was of premature birth. Defendant Hoxie, who at this stage of the proceedings was in that maudlin condition begotten by too liberal doses of homiletic elaborator imbibed at the resort kept by John Hughes before mentioned, was called as an expert, and was asked if he attended the fair Lucinda at the birth of said child, to which he replied in the affirmative. When asked as to the appearance of said child, said "its hair was short and hic-thin." "Well, doctor, what would that appearance seem to indicate?" "It would seem to indi-hic-ate that its-hic-hair was short and-hic-thin."

This seemed to settle this part of the case, as the court, jury and all the attorneys seemed to be satisfied with this lucid and highly scientific explanation. The counsel for the defense had prepared instructions which he requested the court to submit to the jury as the law in the case. This was vigorously opposed by Judge Borton, counsel for the plaintiff, on the grounds that it was unnecessary, highly improper, and an insult to such an intelligent jury as to even propose to instruct them. Picking up from the table a copy of the first bi-ennial report of the State Board of Agriculture, he continued, "I hold in my hand, your honor, a book which is everywhere recognized as authority, and upon my honor as a man, and attorney-at-law, and with no desire to mislead the court, I defy any man to find one single sentence in that book in regard to instructing a jury. How does the court rule? I rule the instructions out, by golly." It is hardly necessary to state that the jury found for the plaintiff, but was afterwards reversed in the district court before Judge Wilson.

Of the early practitioners, Brumbaugh, Borton, McHutcheon, Tibbetts, Wilder, Pilkenton and Taylor are dead; Heely, Humes, Austin, Dow and A. D. Wilson have moved away and have been lost sight of, while others have been heard from only occasionally. Great changes have been wrought in thirty years.

Of all the attorneys who practiced before this court in the early 70's, only one remains in active continuous service; namely, Hon. N. T. VanNatta, who was admitted to practice in the courts of Kansas some time prior to the formation of the twelfth district, and who has been counsel in more cases in this county than any other attorney who has practiced here.

Since the organization of the county, Judge Lynch has held but one session here, which was in the case of Fitz Myers, who stole a team, harness and wagon from Dock Hancock, of Union Valley, was pursued and captured with the stolen property, near Blue Springs, Ne-

[IMAGE]
HON. N. T. VANNATTA.

braska. by William Stanley, brought back to Belleville, lodged in jail and one quiet Sabbath morning when Deputy Sheriff Latham went to the jail with the prisoner's breakfast, he found the door battered down and the prisoner gone. Search was immediately commenced, and at the suggestion of Governor Doty, I believe, the searching party were headed for Riley Creek, directly west of town, where sure enough they found poor Fitz dangling from a butcher's derrick at the end of a rope. At this time the A. H. T. Association was well organized and ready to do business whenever its services were required.

One of the most noted characters, one most widely known, perhaps, connected with the history of this court, was the late Judge L. W. Borton. From what has been said incidentally in another part of this chapter the reader might get a wrong impression of Judge Borton's ability. So in this connection we have here a brief sketch of his history:

Lewis W. Borton was born September 1st, 1831, in Guernsey county, Ohio, at which place he received his education, principally in the common schools; studied law and at the age of twenty years was admitted to the bar at Cambridge, the county seat of his native county, and was admitted to practice in the Supreme Court of the United States in 1885. He came to Kansas in '69 and settled at Clyde, Cloud county. In politics he was democratic, being the candidate of that party for secretary of state in 1878. In 1882 he was elected to represent district No. 81, the same being the east half of Cloud county, in the state legislature, in which he served with distinguished ability. He died at his home in Clyde several years ago. To this we wish to add that Judge Borton's natural ability was far above the average, and no one who knew him, and who, himself, had a discriminative faculty above mediocrity, would fail to appreciate his wide range of information and his remarkable genius for "catching on" to the peculiarities of human nature. He was, without doubt, the most

inveterate storyteller — and most skillful — in the state. In the case of the State of Kansas vs. Jim Little, Judge Borton was counsel for the defendant. Little had been prosecuted for disposing of mortgaged property. At that time a chattel mortgage was considered pretty good security, but the rate of interest was very high, running all the way from two to five per cent a month, according to the necessities of the borrower.

In this case Judge Wilson held that before the jury could find a verdict in a case wherein a person is charged with disposing of mortgaged property on which he has given a chattel mortgage, a fraudulent intent must be shown. Having secured the acquittal of his client under the ruling above noted Judge Borton immediately, and while court was in session, wrote and handed to Judge Wilson the following verses:

CHAPTER XII.

ELECTIONS AND ELECTION RETURNS.

ELECTION 1868.

1869.

1869.

1870.

ELECTION, NOVEMBER, 1871.

ELECTION, NOVEMBER, 1872

ELECTION, NOVEMBER. 1873.

ELECTION, NOVEMBER, 1874.

ELECTION, NOVEMBER, 1875.

ELECTION, NOVEMBER, 1876.

ELECTON NOVEMBER, 1877.

ELECTION. NOVEMBER, 1978.

ELECTION, NOVEMBER, 1879

ELECTION, NOVEMBER, 1880.

ELECTION, NOVEMBER, 1881.

ELECTION, NOVEMBER, 1882.

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From A history of Republic County, Kansas : embracing a full and complete account of all the leading events in its history, from its first settlement down to June 1, '01 ... Also the topography of the County ... and other valuable information never before published. by I. O. Savage.; Illustrated. Published by Jones & Chubbic, Beloit, KS : 1901. 321 p. ill., plates, ports., fold. map ; 23 cm. Transcribed by Carolyn Ward, July 2006.

Tom & Carolyn Ward Columbus, KS

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