Winner Airport Daybefore Robert Kennedy murdered

Winner Airport Daybefore Robert Kennedy murdered
John and Freya Simpson, Senator Kennedy at Winner sirport -June 1968 primary

Monday, March 28, 2011

My Great Grandfather, George Riley Knapp, and Sherman's March to the Sea

From time to time, as a break in the story of early lawyers in the old 11th cicruit in West river, South Dakota I will include some other bits of personal history which you might otherwise never encounter.

This is the wartime story of my great grandfather who at 88 would rescue the conscientous objector in Madison, South Dakota from the hands of the "Home Guard" during WW1..

It contains copies of letters written by him to his parents, brother and friend.

Commissary sergeant
George Riley Knapp  Company K 10 Ohio Cavalry
Organized in October, 1862, under Colonel Charles C. Smith, for three years service, it went to the field in the spring of 1863. It performed picket and scout duty with the Army of the Cumberland in Tennessee, and participated in the battle of Chickamauga in September. A detachment of the Regiment operated in East Tennessee and captured Governor Vance, of North Carolina, with 100 men. The Regiment lost its horses by starvation in the winter of 1863, and in the spring of 1864 was again re equipped for the field. It was actively engaged in all of Kilpatrick's movements during the Atlanta campaign, charging the Rebels at Resaca, with severe loss. The Tenth Cavalry marched with Sherman to the sea and was actively engaged with the enemy all the way, fighting gallantly near Macon and Griswoldville, and whipping Wheeler at Waynesboro. It moved north through the Carolinas and continued in active service until the close of the war. The Regiment was mustered out July 24, 1865.
From Dyer's Compendium
10th Regiment Cavalry. Organized at Camp Taylor, Cleveland, Ohio, October, 1862. Left State for Nashville, Tenn., February 27, 1863. Attached to 2nd Brigade, 2nd Cavalry Division, Army of the Cumberland, to August, 1863. 3rd Brigade, 2nd Division, Cavalry Corps, Army Cumberland, to November, 1863. 2nd Brigade, 2nd Division, Cavalry Corps, Army Cumberland, to April, 1864. 2nd Brigade, Kilpatrick's 3rd Division, Cavalry Corps, Army of the Cumberland, to October, 1864. 2nd Brigade, 3rd Division, Cavalry Corps, Military Division Mississippi, to June, 1865. Dept. of North Carolina to July, 1865.
SERVICE.--Duty at Murfreesboro till June, 1863. Expedition to Auburn, Snow Hill, Liberty, etc., April 2-6. Smith's Ford April 2. Snow Hill, Woodbury, April 3. Scout to Smithville June 4-5. Snow Hill June 4. Smithville June 5. Scout on Salem Pike June 12. Middle Tennessee or Tullahoma Campaign June 23-July 7. Occupation of Middle Tennessee till August 16. Passage of Cumberland Mountains and Tennessee River and Chickamauga (Ga.) Campaign August 16-September 22. Battle of Chickamauga September 19-21. Operations against Wheeler and Roddy September 30-October 17. McMinnville October 4. Farmington October 7. March to relief of Knoxville November 27-December 8. Near Loudon December 2. Expedition to Murphey, N. C., December 6-11. Near Dandridge December 22-23 (Detachment). Dandridge December 24 (Detachment). Mossy Creek, Talbot Station, December 29. Schulz's Mill, Cosby Creek, January 14, 1864 (Detachment). Near Wilsonville January 22, 1864. Expedition to Quallatown, N. C., January 31-February 7 (Detachment). Quallatown February 5. Scout from Ringgold, Ga., to Lafayette April 24-25. Atlanta (Ga.) Campaign May 1 to September 8. Stone Church May 1. Lee's Cross Roads and Ringgold Gap May 2. Demonstrations on Resaca May 8-13. Sugar Valley May 11. Near Resaca May 13. Battle of Resaca May 14-15. Rome May 17-18. Battles about Dallas, New Hope Church and Allatoona Hills May 25-June 5. Near Stilesboro June 9 (Detachment). Operations about Marietta and against Kenesaw Mountain June 10-July 2. On line of the Chattahoochie River July 3-17. Siege of Atlanta July 22-August 25. Frogtown August 3. Lovejoy Station August 10. Sandtown and Fairburn August 15. Kilpatrick's Raid around Atlanta July 18-22. Camp Creek August 18. Red Oak and Jonesboro August 19. Lovejoy Station August 20. Claiborne August 24. Flank movement on Jonesborough August 25-30. Fairburn August 27-28. Red Oak August 28. Flint River Station and Jonesborough August 30. Battle of Jonesboro August 31-September 1. Lovejoy Station September 2-6. Campbellton September 10. Operations against Hood in North Georgia and North Alabama September 30-November 3. Camp Creek September 30. Sweetwater and Noyes Creek near Powder Springs October 2-3. Van Wert October 9-10, Dallas October 21. March to the sea November 10-December 15. Bear Creek Station November 16. Walnut Creek and East Macon November 20. Waynesboro November 27-28. Buckhead Creek or Reynolds' Plantation November 28. Louisville November 30. Waynesboro December 4. Ebenezer Creek December 8. Siege of Savannah December 10-21. Campaign of the Carolinas January to April, 1865. Aiken and Blackville, S.C., February 11. North Edisto River February 12-13. Guenter's Bridge February 14. Phillips' Cross Roads, N. C., March 4. Rockingham March 7-8. Monroe's Cross Roads March 10. Taylor's Hole Creek, Averysboro, March 16. Battle of Bentonville March 19-21. Raleigh April 12-13. Morrisville April 13. Bennett's House April 26. Surrender of Johnston and his army. Duty in the Dept. of North Carolina till July. Mustered out July 24, 1865. Regiment lost during service 3 Officers and 34 Enlisted men killed and mortally wounded and 1 Officer and 158 Enlisted men by disease. Total 201.

Civil War letters of George Riley Knapp

Ringgold Georgia
May the 4th 1864

Father and Mother
I am in good health and good spirits We’ve plenty to do the Rebs as thick about this place (?) their pickets are only one and a half ___ from ours we go and drive them back  day before yesterday a small force of us went to try their strength a little they are said to have a heavy force at tunil hill that is ____we had Kilpatrick with us he is our commander now and a gay one too I like his style first rate we started about three o’clock in the morning to their pickets drove them in to their reserve without mutch trouble then came the fireing but they had to fall back they would fight and retreat at the same time blockade the road but we would soon clear the obsticles and go on we drove them so fast that before nine o'clock that moring we was one mile from tunil hill had a fair view of them their lines were long ones their cavalry were drawn  up in two lines one about 80 rods in the rear of the front numbering some two thousand supported by sharpshooters our Co and Co E were drawn up in line on our side Kilpatrick came to us and said I want you to charge  on them and charge ___ They are skart of you-just ready to run we drew sabers and started towards them and they turned to us but they soon changed their corse and went to the rear and we was ordered to halt one man from our Cavalry killed while we stood in line after the order Charge had been countermanded he was  within a few feet on me when the ball hit him in a way that threw his head back
We have been very
(Sentence unreadable)
General Sherman came yesterday there will be a forward movement here tomorrow or next day the officers are ordered to leave everything behind won’t allow them to even take their tents or Co cooks there is going to be lively times for a while I suppose that Atlanty is about a hard a place to take as Richmond we of course have that place to take .
I think if they will let Kilpatrick go in he will make the rebs elinme foe he would charge on the whole southern confederacy with three regiments
No more this time perhaps it will be a long time before I have a chance to write agane
George R. Knapp

“General Grant had instructed Sherman to move against Johnston and head into the interior of Georgia. . . .. At Dalton Johnston was soundly entrenched along a high ridge with only a few gaps. Toward Atlanta  were more barriers , the roads were poor , the country rough. Sherman’s  force of nearly 100,000 men were divided into the Army of of the Cumberlannd under Thomas near Ringgold. . . .. Thomas’ army demonstrated at Tunnel Hill. . . ..” The Civil War Day by Day An Alamnac 1861-1865 E.B. Long with Barbara Long De Capo Press 1971

Camp Crooks Georgia
September the 16th, 1864

Brother Ed as I have not heard from you upwards of two months I thought that I would write agane. My health is good I am a tuff cuss tuff enough for the Johneys and have seen plenty of them lately and have fought them when I couldn’t see them many fights we have had in the night we could tell where they was by the flash of their guns we have had all the fight we bargained for sometimes we were chasing the Johneys sometimes the Johneys were chasing us but take it all around they are chased so badly that there is no fear from them at this place for al while. Their army is badly yoused up but the joke come in on the southern ladys. About the time Sherman made this last grand flank movement he ordered our left wing to fall back. The Rebs thought that we was trying to retreat to Chatanooga. It made the Rebs feel real good the officers had their wives come from Makon Mobeal and Charleston to have a jubilee over the defeat of the yankys but the first they knew we was in their rear had possession of the railroad so the southern ladies couldn’t get home agane. They were left with us  they left all their siege guns but left them spiked their ladys are not they had ought to youse them as well as they do their guns.
The Cavalry command cannot do mutch at the present time for our horses the most of them are plaid out for three weeks they were saddled all the time day and night sometimes we couldn’t get feed pr  water for 24 hours at a time five days of that time the men  did not get anything to eat three days at one time and two days at an other.
But that is nothing any thing to whip them we made it pay this time there was 7 of out boys killed day before yesterday they are out beyond out lines some of Texas Cavalry  the Texas Cavalry hait Kilpatrick’s Cavalry so many of them got their heads split open while we was on the rade they don’t take any of our boys prisoners I think they will get sick of that if they are not already we have prisoners from all of the other commands but Rosses we have fought Ross more than any other command . Ross commands the Texas troops bosted fighting man with cavalry says he can whip the north with equal numbers but Kilpatrick is to shreude for Mr Ross.

George R. Knapp

I will enclose this in a Reb Envelope.

George Riley Knapp was obviously writing about the fighting  his unit did in the taking of Atlanta and facing the 6th Texas Cavalry under  Confederate General Lawrence Sullivan Ross when Kilpatrick made his daring encircling foray with his cavalry before Atlanta was taken. See : Kill Cavalry, The life of Union General Hugh Judson Kilpatrick by Samuel J, Martin, Stackpole Books, 1996.  pp 186,187,188

Camp Crooks, Georgia
September the 23, 1864

This fine morning I agane attempt to write to you. Although it has been but a short time since last I wrote but as I am rather lonsum and my thoughts are rather wandering in the direction of home wondering if it is pleasant there as it is here and if people at home ever get lonsum like we do have plenty to do do we don’t get lonsum but after the johneys are chased away and we get settled down in camp and no excitement of any kind pass away the lonely hours of camp life then time waives away rather gloomy. I little expect that we will go back to the (front) to (fight) as our horses are  nearly plaid out only 125 in the regiment eleven in our company. Kilpatrick has been ordered to the Potomac agane he has asked permission to take one brigade of his cavalry with him. I hope it will not be granted for If he takes any it will be ours. The second one he likes. The second Brigade he sayes will stick to a skirmish line longer than any Damned cavalry. He even said I think they ought to let us stay here as we have worked our way thus far cut the rebel cavalry up pretty bad and now resting near the gate city as the rebels call it. We are acquainted with the country and with their style of fighting. It would be ny desire to operate here in preference to Virginia but if they can youse you to better advantage on the Potomac I will not complane antthing to whip them. An undivided North will do a mutch towards as the 500,000. So work for Linkon so far new recruits not being fir for the field is all moonshine. All drilling that we ever dun did not amount to a hill of beans , for the fight invariably takes place in the woods, hills, guleys the most rough abrupt places that can be found. It is every man for himself get behind trees. Logs ( ) rocks many lying down in the bush or weeds. If the cavalry chance to ketch them or at a remote place of ground they go for them as fast as the horses can run. Send us the men and stick to Linkon we will soon wind these things up. It sounds to many people like an honorable thing to go to war but if those very men would come into the fields they wouldn’t think they were going to be killed. I remember well how I felt about cavalry saber charges thought it was qa horrible thing it would make me shudder to think of it but now I think entirely different. I has rather fight with the saber than any other way it does a man good to see them light out they have dun it every time that we went for them in that way they don’t like the looks of the critter. Write and tell Schinedd too and frankly it does help to pass the tiredness of camp life to hear from home.

George R. Knapp

Kilpatrick was known as the “cavalry killer”  He ordered more charges and had more cavalry killed than any other cavalry commander. It has been said that if Custer had been assigned to his command  he would not have lived long enough to fight and die at the Little Big Horn.

General Hugh J. Kilpatrick, Federal Army
Thereafter he was transferred to command the 3rd Cavalry       Division assembling in northern Georgia for the campaign against Atlanta. For conspicuous service at the battle of Resaca, where he was again severely wounded, he was brevetted Colonel in the regular army. He joined Sherman's march to the sea while still unable to ride a horse; and in the invasion of the Carolinas which followed, his cavalry division performed valuable service. He was brevetted Brig. General and Maj. General, respectively, for gallant and meritorious services in the capture of Fayetteville, North Carolina, and in the campaign in the Carolinas.

A funny thing happened on the way to the sea

While you may think that George Riley Knapp’s  statement that: “they left all their siege guns but left them spiked their ladys are not they had ought to youse them as well as they do their guns” might be considered braggadocio , listen to what their General was doing.

Kilpatrick was probably in a mellow mood because Marie Boozer had joined his entourage. . . . (described as ) “the most beautiful piece of flesh and blood  I had ever beheld”. The daughter of a Northern sympathizer , she and her mother had fled Columbus when Sherman burned the city, they were headed north when they found refuge with Kilpatrick.”

                Kilpatrick literally took Marie under his wing and under the covers.

                Kilpatrick’s war wounds made it painful for him to ride a horse so  he traveled in Marie’s elegant carriage laying with his head on her lap. This was his position when he rode into North Carolina on 3 March 1865.

While sleeping with the beautiful Marie his headquarters  was surprised by the Southern Cavalry.

Jumping from his bed and leaving Marie, he galloped to safety wearing only his night shirt in what was soon to be called “Kilpatrick’s shirt-tail skedaddle”

                And what about Marie?

She would find her way to Washington , marry a union officer, left him and sailed for Europe  and married a French count, thereafter having many more affairs and legend has it that the became the concubine of a Chinese warlord who cut the tendons in her feet to keep her from running away.
So much for all those southern “innocent” belles you hear so much about.
 See: Kill Cavalry, The life of Union General Hugh Judson Kilpatrick by Samuel J, Martin, Stackpole Books, 1996

 What about Knapp’s mention of Ross’s Texas Cavalry?

ROSS, Lawrence Sullivan
Born September 27 1838, Bentonsport IA
Died January 3 1898, College Station TX
Pre-War Occupation
Indian fighter, Texas ranger.
Post-War Occupation
 Farmer, sheriff, politician, governor, college president.
War Involvement
General 6th Texas cavalry

Brigadier-General Lawrence Sullivan Ross was born September 27, 1838, at Brentonsport, Iowa, whence, in the following spring, his father, Capt. Shapley P. Ross, moved to Texas. He was educated at the Wesleyan university, at Florence, Ala. While at home on a vacation, he organized his first company, composed of 135 men, and hastened to the support of Gen. Earl Van Dorn, then in command of the Second United States cavalry. Joining forces with that officer, he took part in the battle of Wichita, against the Comanche Indians, where 95 red men were slain and 350 horses captured. It was in this battle that he rescued a white girl, eight years of age, who had been held by these brutal savages since infancy. Her parents never being discovered, she was adopted and educated by General Ross, and named Lizzie Ross. Captain Ross was desperately wounded at the battle of Wichita, and lay for five days on the battlefield, before he could be removed to the nearest United States post, 90 miles distant. Before the dead had been buried and the smoke of battle had cleared away, General Van Dorn and all the officers of the Second cavalry signed a petition to the secretary of war, commending young Ross' brilliant and heroic service, and urging his appointment to the regular army. Gen. Winfield Scott wrote him a complimentary autograph letter, tendering his support and influence. As Ross was not of age, and had not completed his college course, he declined the honor, and, after his recovery, returned to the Wesleyan university, where he graduated with distinction the following summer. Immediately after his return home, he went to the frontier of Texas, under Gen. Sam Houston, and did effective work against the Comanches. In one affair of this campaign, he engaged in a hand-to-hand conflict with the chief, Peta Nacona, and after having his horse shot under him, he cut down Nacona with his saber and escaped uninjured. At the organization of Texas troops for the Confederate war, he enlisted as a private, but rapidly rose to rank, and at the age of twenty-four, on May 14, 1862, was commissioned colonel of the Sixth Texas regiment of cavalry. He was immediately assigned, by Major-General Jones, to command of the brigade, but modestly declined that honor, and General Phifer was subsequently assigned. Colonel Ross took part in the battle of Corinth, Miss., October, 1862, and when, on the retreat, Moore's brigade, in advance, was met, beyond the Hatchie bridge by a fresh Federal force, Ross, in command of Phifer's brigade, went into the fight as a forlorn hope, and maintained it against great odds until the army could be withdrawn by another route. The war department at Richmond requested General Maury to give the name of the officer in charge of this brilliant action, which he did. Gen. Jos. E. Johnston, without the knowledge of Ross, wrote to the secretary of war and had him appointed brigadier-general, the commission bearing date December 21, 1863. On different occasions he was commended for gallant conduct by Generals J. E. Johnston, Hardee, Forrest, S. D. Lee, Maury, W. H. Jackson and Van Dorn. He participated in numerous engagements, and had five horses shot under him. At the close of the war he settled in Texas. In 1873 he was sheriff of his county, and in 1875 a member of the constitutional convention. In 1881 he was elected to the State senate, where he served as chairman of the finance committee. He was elected governor of Texas in 1886, and was re-elected in 1888, by a majority of 150,000. As president of the State Agricultural and Mechanical college he rendered valuable service. Ex-Governor Ross died January 4, 1898, at his home at College Station, Tex.
Confederate Military History

(Check the internet for site)
The Tunnel...(See above) The tunnel was completed in 1850, the first railroad tunnel built south of the Mason-Dixon line. It runs through nearby Chetogetta Mountain. The tunnel is 1477 feet in length and took nearly two years to build. On completion, a great celebration was held with
bottles of wine being used to christen the tunnel. Holy water was also poured out at both ends of the tunnel. The first train passed through on May 9, 1850. The tunnel played a role in the "Great Locomotive Chase" that began in Big Shanty, Georgia (now Kennesaw) and ended near
Ringgold, Georgia.
The Tunnel Hill Historical Foundation, Inc., A non-profit organization, sponsors an authentic Civil War re-enactment held annually on the weekend following Labor Day. The host unit is the 35th Tennessee Volunteer Infantry, CO. F. The event is held on the grounds of the Clisby Austin House.
Send email to us at:
Steven Cockburn, President(706) 673-6701
 Kenneth Holcomb (706) 673-5152

Saturday, March 26, 2011

Recollections of the 11th Circuit Bar #6


When I joined Dudley Herman in the private practice of law in 1960 in Gregory, South Dakota little did I realize that I had landed in the hot bed of trial lawyers in South Dakota. This was the famous 11th Circuit Bar where lawsuits were filed at the “drop of the hat.”

George F. Johnson and Dudley R. Herman were the two top trial lawyers and they both headquartered in Gregory, South Dakota. These two fought like only brothers can, but when threatened by a lawyer who “was not from around here” they forgot their brotherly quarrels and joined forces  to drive the rascal out, just like you have witnessed Fido do when his territory is threatened.
          But George carried it further. Through his and Dudley’s insistence we never had a Judge appointed that the 11th had not independently  selected.
          Unlike the precedent established by Bill Janklow, who after all was trained in the 11th Circuit and should have known better, no Governor was ever given the opportunity to fill a vacancy unless the 11th Circuit first approved.

Here’s how it worked.
When H. P. Gilchrist died shoveling snow in Kadoka, that vacancy was filled in the following time honored 11th Circuit manner.
A Circuit wide meeting was called for the sole purpose of selecting a Judge to be nominated by the Governor as a replacement for Judge Gilchrist.
Three lawyers would be nominated from which the Governor could select a replacement.
George and Dudley had the following scheme.
First the meeting decided that they consider  Marvin Talbott of Winner and John Jones of Presho . Of the two John Jones was the Circuit’s choice.
Who would the other two nominees be?
Simple. George Johnson and Dudley Herman’s name were submitted, but not before they signed a blood oath that they would immediately write a letter to the Governor that if appointed they would not serve.
So it was that John B. Jones became a Judge of the 11th Circuit and would later, with the help of his reporter, Dan Parish be elevated to the Federal bench acing out John Larson , another 11the circuit lawyer, in the process.

Judge Jones would, for me at least, patent what I considered the polite “judicial yawn.”
 When arguing a particular factual matter, if Judge Jones thought you might have strayed too far afield he would always smile and say “Is that right?” in am manner  in which he was really stifling a yawn.
Mt youngest son, Bob, would master that hidden, but manifested yawn, when  if I had told him of some long and boring political tale he  would just say “interesting”.
John Jones would becomes a very good Judge, who, sometimes, however  reach conclusions or decisions that would lead you to mumble, “is that right?” or, “interesting” but never would anyone mumble, “and the horse you rode up on.”

The 11th Circuit trial bar , led by George Johnson, closely guarded its territory in other ways.

The active trial members made a pact that they would not sue any personal injury tort claim unless the defendant had insurance. Since “insurance: could not be mentioned in the trial itself it was important that potential jurors through out the 11th circuit know that  the trial bar would not commence a lawsuit unless there was , in fact, adequate insurance coverage.
George and Dudley never ever represented any insurance company.

If it should happen that a personal injury plaintiff would hire a firm outside of the 11th Circuit, George Johnson and Dudley Herman agreed that they would help any defense attorney in that particular case. When a Minneapolis  personal injury attorney brought a case George and Dudley helped John Frank Lindley of Chamberlain and the noted Minneapolis trial lawyer was sent home with his tail between his legs.
          George also knew that if the 11th would somehow be consolidated with Pierre and Hughes county it would eventually sound the death knell for his beloved 11th circuit trial bar.
          In fact the 11th  would be joined with the dreaded Hughes county neighbor to the north and circumstances would develop after the retirement and death  of Winner Judge Marvin S, Talbott that  facilitate the demise of the old trial bar.  [1]

1  When the trial bar was finally paid for their time and effort for for the defense of indigent defendants all of the judges, until the retirement of Judge Marvin S. talbott faithfully followed the mandates of SDCL 21A-40-7 which required that the Courts and the county commissioners provide a method for the appointment of attorneys  on “a equitable basis  through a systematic and coordinated plan.’

His replacement denied a commissioners request that the court and the Tripp county commissioners meet to adopt such a plan.  They were told that the court would select all the attoneys for appoinment  without any help from the County Commissioners.
As a result the records of the Tripp County Auditors office show the following:
All payments  for Court appointed attorneys for 2009 totalled $100,331.78 of Tripp County taxpayers money.
Of that sum  appprooximately $85,000.00 was paid to out of county attorneys, mainly from  Pierre, South Dakota.
In 2010 some $89,000.00 of Tripp County taxpayers funds were paid for court apointed attorneys. of that amount  nearly 90% was paid to out of county attorneys.

Tuesday, March 22, 2011

Recollections of the 11th Circuit Bar #5

 I meet Dudley Herman and George Johnson  and "Bubb Bartoe" disease.

I had been assigned by the Attorney General to handle two cases involving State College professor’s who had formed a”non profit “ corporation that would be administered by them and accept gifts to the corporation.

One involved that famous Villa at Hot Springs and the other involved  Mathew Tiernan who had been  a bachelor old time irish rancher near Dupree.
Mathew was one of that bucnh of old time ranchers who had survived everything west river had to offer and had, like Dudley Herman’s father amassed a considerable estate.

His only liying realtives were the Raymond family in Gregory. They had hired Didley Herman to protect their interests.

Now Mathew was no ordinary soul. He had amassed his fortune and as Dudley would often write in his numerous will contest cases: “where the body lies there the vultures shall gather.”

I have always been suspicious of these “non profits”  and “valhalla’s”and presumably state run enterprises and went to Duoree to investigate.

Not to my surprise I found that Mathew was no ordinary soul.
The days of 76 committee had hired Mathew to drive the six team stage in the Days of 76 parade- he being one of the old timers who had experience with a six team stage.
Our old timer, Mathew, not only drove the stage in the parade, he didn’t stop, but proceeded to high tail that stage  out of town intent on taking it to his ranch near Dupree.
Needless to say he was stopped by the police and never asked to drive that stage again.

Now this group of State College professors heard about this wealthy bachelor old time rancher near Dupree.
I don’t know how far Mathew got in school but hard knocks had taught him that to survive west river you “had to be your own tom cat.”

As an inducement to leaving his estate to the “corporation” the professors brought Mathew some prize bulls from State College herd  to improve his herd.
After the bulls had serviced his cow herd   the professors came to get them to return to State College.
Too bad, Mathew told them- all those bulls had died. It seems they had succumbed to the dread “Bubb Bartoe” fever.
Now those of you who have never witbessed “ Bubb Bartoe” fever in the livestock industry let me explain.
Thomas D Lyons, born in Lake County  SD  before the turn of the century, knowledgeable about the cattle industry, a graduate of Notre Dame and USD law school, who later worked a homestead in Gregory County,  was a friend of Jack Sully,  and became a judge in Oklahoma fully explained “Bubb Bartoe” disease in the following artickle:

“IN JULY, 1908, when the Democratic National Convention at Denver was drawing to a close, my money began to run short. For the first time in my life I had seen a charge of one dollar for ham and eggs for breakfast. I still had my "tourist-car" return trip ticket on the Santa Fe via Kansas City. So I took my "telescope" (a cheap capacious traveling bag) and walked down to the Santa Fe Station.
When I got back to Tulsa we immediately plunged into a trial which did not involve very much money,  but was bitterly contested. '.....

(When the trial finished) Colonel Marcum, the great criminal lawyer from Muskogee, was in our office chatting with his nephew, my law partner, Ben Rice. Charlie Brown had got into town on his saddle horse in good season and appeared at our office with two bottles of fine Kentucky Bourbon. This was not at all unacceptable to Colonel Marcum. Of course, the conversation immediately concerned the pending cause and speculation as to the verdict. Charlie Brown thought that the law was against us and that the plaintiff would recover a verdict, although he very vigorously stated his views of the injustice of such a result.
Gus Orcutt, an intermarried Creek citizen who had control of seven or eight fine allotments adjoining the city limits of Tulsa, had come into the office; as he and Charlie Brown had worked together as cowpunchers, they began some entertaining reminiscences. Gus told of the cowpuncher who had delirium tremens and who went to bed in a rooming house. His only preparations for bed consisted of removing his belt and pistol and laying them by his side. He slept fully dressed with his boots and hat on. He awakened suddenly and in the darkness saw a large black cat sitting on the foot of his bed, glaring at him with fiery eyes. He picked up his pistol and said aloud, "Cat, if you are a cat, you're in a hell of a fix," as he took good aim at the cat's head. Then he added, "Cat, if
you're not a cat, I am in a hell of a fix. "
Charlie, however, became restive and wanted news of the verdict. He accompanied me to the courthouse, although it was not yet 8:30 and we did not expect the jury to report until 9:00 o'clock. However, just as we walked into the courtroom, the jury filed in with a verdict for the defendant. Cashier Brown had difficulty in restraining his enthusiasm. He crowed like a rooster, then gobbled like a turkey, and shouted out, "Open the big gate, I am bringing them in alive" --this was an Indian Territory stock expression indicating jubilation. Gus Orcutt told us afterwards that gobbling like a turkey was a very dangerous thing for a man to do in the early days in the Creek Nation since it was the Creeks' signal of death defiance. Indeed one Creek Indian was acquitted of murder and his plea of self defense was allowed when the testimony showed that his assailant had gobbled at him.
That afternoon Mr. Brown and Colonel Marcum again dropped in for a few minutes' chat. Mr. Brown expressed his renewed confidence in law, justice and court procedure, which had been badly shaken by the court's instructions in the cattle case. He also gave strict instructions to all of the employees of the Cherokee Stockyards Company to pay only by check made to the owner of the cattle. He recounted again with great glee the testimony of Colonel Woodley as to Stribby and very properly attributed our success in the lawsuit to this particular bit of

testimony. Colonel Marcum remembered that long observation in the courts on his part bore out Ralph Waldo Emerson's statement that in a trial the whole event frequently turns on just a short statement. He thought it remarkable that a retired scholar should have had such practical knowledge of contested cases. We endeavored to get him to tell some tales of criminal trials before Judge Isaac Parker, the great hanging judge at Fort Smith, but we could not arouse his interest. He said finally, "The only Fort Smith case that comes to my memory at this time is a civil suit, a cattle case where I got a terrible beating and they had a Kansas Yankee as a lawyer for the other side. I sure thought I could win that case, with a few minutes' speech about old John Brown, the old Abolitionist maniac who murdered people in cold-blood and afterwards was practically. deified up North. However, I got a bad beating, in complete surprise; I haven't forgotten it yet. "
"Did any of you boys hear of the.
Ed Yoak case?" Gus Orcutt and Charlie Brown said that they had heard something about Ed Yoak having been assassinated by someone who stood outside his window and "filled him full of buckshot." The whole case was shrouded in mystery, and it was understood that there had been several killings, as they were called in Indian Territory, in reprisal, but it was never known for a certainty that the right man had been killed. Ed Yoak was a Texas cowpuncher who had become an intermarried Cherokee citizen and cowman although his means were slender. It was not long before he had thousands of head of cattle grazing on
the rich grazing lands of the Cherokee Nation proper, which of course was a totally different area from the Cherokee Strip. It was whispered that the cattle really belonged to a big Texas cattleman named Houston Hancock, and the case of Hancock against Yoak at Fort Smith attracted a good deal of attention. No one but enrolled Cherokee citizens had a right to graze cattle on the lands of the Cherokee Nation. Yoak had sold a big bunch of cattle, and soon thereafter Hancock appeared claiming to be the owner of one-half of the herd as a secret partner and entitled to the proceeds. However, he was unable to prevail in the lawsuit at Fort Smith; Yoak retained the entire proceeds-- whether rightfully or wrongfully was not of course fully known. Houston Hancock, however, was a man. of substance, a highly respected figure among the Texas cattlemen; his friends had implicit confidence in his statement that he had furnished the cattle and that half of the herd was his property. His Texas friends also predicted to Colonel Marcum that he would not lightly bear the affront and injustice put upon him.
Colonel Marcum went on to say that a few months after Ed Yoak had been buried when interest in the crime had somewhat abated, a tall, bowlegged, gangling, rusty-heading, freckled-faced Texas cowpuncher named Bubb Bartoe set up in the cattle business in the Osage Nation. It became known that he had been one of Houston Hancock's favorite cowpunchers. There was a rumor that Mr. Hancock, in a moment of indignation recounting the unjust treatment he had received in the Indian Territory, said, "Bubb, over at Fort

Smith they made me swallow a big dose of Indian Territory justice and I didn't like it. How would you like to go up there and file a Texas counterclaim in the Cherokee Nation? You might develop into a cattleman, yourself." It was claimed that the United States Marshall's office in some way learned that about a month after the death of Ed Yoak, Bubb Bartoe received at Adair, Indian Territory, a draft for one thousand dollars. Bubb certainly became a Cherokee Nation cattleman and, in order to have an enrolled Cherokee citizen for a partner, made an arrangement with a one-eighth-blood Cherokee who lived in the Osage Nation.
"The partnership prospered and owned thousands of head of cattle. Then one day Bubb' s partner died peaceably at home from typhoid fever, leaving a widow and several children and," said the Colonel, "it was the administrator of his estate who sued my client Bubb Bartoe. Three or four years had gone by and the herd had dwindled from thousands to hundreds. No administrator had been appointed as the widow had a good deal of confidence in Bubb. However one of her husband's friends, a Coffeyville banker, began to look into her affairs and had an administrator appointed with a suit instituted for an accounting. Bubb's regular lawyers got me to help try the case at Fort Smith. We proved that the herd had been destroyed by dengue fever, tuberculosis, hoof-and-mouth disease, lightning, wolves and coyotes, and by every other ailment or cause which kills cattle. We had some pretty good witnesses that Bubb had furnished, and everything looked pretty rosy."
"I must say that the Kansas lawyer, I believe his name was Bill Hackney, sprang a surprise on us. He had some pretty definite figures which the banker had got up disclosing that there were six or seven thousand head of cattle, lots of horses, saddles, and so on, owned by the partnership at the time of the death of Bartoe' s partner. It was equally definite and certain that those numbers had dwindled to a few hundred. The explanation of the losses was at best somewhat vague and indefinite. The real question was the weight to be accorded to the testimony of Bubb Bartoe himself as he was the man who furnished most of the explaining. There was an atmosphere about him which was a bit unpleasant, sufficient to arouse the suspicion of sharp observers, but I thought that the jury would swallow his story. When I made my argument, I attempted to 'try' the Kansas lawyer and old John Brown, but I had a feeling that while the jury laughed and seemed to enjoy some of the old sure-fire expressions, they were somewhat unconvinced.
"Then this fellow Hackney got up and made the best short speech I every heard in my life. He did not raise his voice; he didn't smile; he didn't gesticulate and he didn't orate. He merely said,
'Gentlemen of the jury, you have heard the testimony and you have seen Mr. Bubb Bartoe and listened to him. It all depends on whether his story is credible, or not. Frankly, I do not know. We do know that the partnership owned thousands of head of cattle at the time of the death of one partner, and that now,
----- -- -----

I ____ _
under the exclusive management of Mr. Bubb Bartoe, there remains to his late partner's widow a half interest in only a few hundred head of cattle. Yes, it is true that I am a Kansas lawyer, but I am thinking of changing my residence and changing my occupation. I am considering moving to the Cherokee Nation, to go into the cattle business. I am giving it prayerful consideration although I am not a very religious man. I am glad, however, that one of your number, Brother Fletcher, who is a coal miner during the secular days of the week, is a minister of the gospel on the Sabbath, because he--and I believe all of you--will be interested in my next point. When I move to the Cherokee Nation, to become a cattleman, I am going to become convicted of religion, and I expect to
pray, daily and nightly; and when at night I offer my petitions for the safety of my family and my herds and flocks, I shall not pray that my cattle be protected by Providence against lightning stroke, the wolf, the coyote, the rattlesnake, the dengue fever, cattle tuberculosis, or hoof-and-mouth disease-- I shall fear none of these dread scourges and epidemics. Instead, I shall pray, nightly and daily, that my herds and flocks will be protected from the Bubb Bartoe fever.'"
The Colonel ended the tale by saying, "The jury was out, it seemed to me, just about thirty seconds, and came back with a verdict for the plaintiff, for every penny the plaintiff asked for. The Bubb Bartoe fever was too much for them."
To be continued
George  Johnson and Dudley Herman really will be next


Monday, March 21, 2011

Recollections of the 11th Circuit Bar #4

Recollections of 11th Circuit #4

Early Lawyers and Mob Rule

Only 8 years after the opening for settlement of the Great Sioux Reservation the Nation and the Rosebud would be rocked by the Declaration of War against Germany in April; of 1917 which would end with the Armistice which was reached on the 11th hour of the 11th day of the 11th month of 1918.
The Rosebud would become the center of super patriots and “Home Guards”.
The early lawyers of the Rosebud played an all too important part.
The residents of this area, who had arrived for settlement only 9-10 years earlier, were dramatically affected by that war.
The homesteaders came from a vast array of places, countries and ethnic backgrounds. They lacked the cultural interaction that many areas of the nation had enjoyed excepting the newly transplanted Bohemians and a large part of German farmers in Gregory County who would be questioned about their patriotism by the 100 percent America firsters.
They were different, but they had a great driving force to show that they were not. In dealing with this dilemma many adopted an attitude of “America First” and if you didn’t follow the America first philosophy you were a traitor.
Many of those “firsters” became Home Guards and super patriots. An attitude which even to this day results in the blind following of our government leaders under the slogan,” my country right or wrong”.
My heritage entertains a different philosophy.
My great grandfather, George Riley Knapp, was a commissary sergeant endearingly called a” bummer” who fought with Sherman to the sea in the civil war. His commanding officer was General Kilpatrick, not so lovingly called “Kilcavarly” by his troopers.
Sherman of course scorched the earth of the south, marched his army of 90,000 men over 600 miles to Savannah thence north to Appomattox, a campaign in which he lost only 600 men. In the war over all in which 620, 000. soldiers were killed.
In my home town of Madison SD a group of Home guard super patriots had captured a conscientious objector and were in the process of tar and feathering him when he was rescued by the old cavalry civil war veteran who taking charge of him promised to shoot any sob who interfered That was my great grandfather at 88 years of age
My mother’s father was all German. Like most German farmers he was successful. During WW1 the local Hutchinson county draft board headed by a young Irish attorney drafted every hired man he hired. The local attorney’s office was painted yellow by grandfather’s son. Needless to say the son was sent on the next train to Camp Funston and the local attorney, being a super patriot, continued to draft those who showed German sympathy
Now that you know where my sympathies lie let me tell you my story of Rosebud lawyers during the Great War.
Much of Dakota, including the Rosebud, was settled by German farmers.
How could they be loyal Americans if they spoke German?
Governor Norbeck had a problem on his hands. It was two fold.
Not only were these farmers hard working and successful they were German and they had become a segment of the population that was ripe for membership in the Non Partisan League.
What to do.?
Dealing with the German language problem was easy.

Norbeck had appointed a “South Dakota Council of Defense” and that body had appointed councils of defense in every county. There was no statutory authorization giving the Governor such power. That didn’t botheranyone and  not least of  all the all attorney’s of the Rosebud.
The State council of Defense on June 1, 1918 passed an order: Prohibiting the use of the German language in public or quasi public meetings also in all educational institutions. They also passed a resolution  “which prohibits the use of the German language to assemblages of three or more persons upon any public street , in depots, upon trains, in public places of business except in cases of extreme emergency, such as death, severe illness , fire, or call for police.”
A question of permits to allow the speaking of German was left to the local County councils of defense.
Unchecked, the local cities such as Bonesteel, Herrick, Burke, and Gregory with the queen city of the Rosebud, Dallas, leading the way established their own Home Guards.

Here is how Gregory County Council dealt with the German language problem.
Gregory County News- Dallas SD August 22, 1918
‘Wm Haight, proprietor of what has been termed the pro German store in Gregory, was next on the carpet. It was shown that customers were allowed to talk all the German they pleased in the store and a consequence the loyal citizens of Gregory were becoming incensed over this flagrant abuse of the Council of Defense order.
It was shown that the property was in danger of destruction and that the personal safety of Haight demanded some kind of action by the council of defense. It was finally decided, Haight agreeing, that the store be closed, and the stock and the store is now in charge of Deputy Sheriff Huston”
Not to be outdone, Fairfax convened a meeting the Council of Defense as reported by the Dallas Gregory County News on Sept 5, 1918.
At such meeting numerous persons were brought before and examined relative to speaking German in public.
The following persons were given an opportunity to donate $25 to the Red Cross and chip in to defray the cost of the proceeding after promising not to speak German again.
Fred Witmus, Jacob Forman,Alberet Kreuger, Mike Diez,Fred Benz,Geo Ellwanger,Dan Schlacht and Jacob Kosh.
The local Lutheran pastor was called before the board and accused of holding holiday services in German.  Silent night (Stille Nacht) had even been sung in its original German.  A charge which he admitted together with admitting that he had kept a picture of the Kaiser in his study until his son destroyed it.
Mrs. Peter Stelle was charged with exploiting her German sympathy A cherished likeness of the Kaiser and his sons was presented to the council and turned over to the Fairfax Home guards for appropriate action.

The problem of foreign language and parochial education did not disappear with the end of the war.
None of our erstwhile Rosebud lawyers questioned the right to limit free speech. For that matter the no South Dakota lawyers, with few exceptions, made any objection.

In 1922 five states including South Dakota closed any loopholes in previous laws forbidding teaching in public or private schools in any language other than English.
The Missouri synod of the Lutheran Church and a Polish Catholic parish of South Omaha appealed to the Supreme Court of Nebraska where they were rejected and thereafter appealed to the US Supreme Court in the case of Nebraska v Meyer
On June 4 1923 the US Supreme Court ruled that such foreign language prohibition in schools was unconstitutional
Of significance was a further ruling by the US Supreme Court in 1925 declaring an Oregon law passed at the instigation of the KKK and Masonic bodies unconstitutional? The law required that all children between the age of 8 and 16 receive a public education
Thus the Supreme Court brought to an end the movement to impose legal restrictions on the use of foreign languages
The imposition of such language restrictions had been championed by “super patriots, xenophobes, champion of public school education, and later such organizations as the American Legion and Masonic Orders”
In fact the students of Yankton high school were highly praised when they threw all the German language books in the Missouri River as they sang the Star Spangled Banner.
Thus did the Supreme Court clarify and enlarge American freedom.
Now these local Home Guards took their work very seriously. In August of 1918 “Major” A.T. Ware of the Dallas home guards printed this Notice “
I have received Orders from General Crowder to make immediate report on the home guard organization under my command. It is now compulsory duty for every man of draft age (18 to 65) to drill a certain number of hours in each week. In pursuant to that order I hereby command all men draft age to be present at the Armory in Dallas, Friday evening August 30”
If you think that these fellas didn’t exercise their authority over the general public consider this:
In the Dallas paper of October 10, 1918 they printed the following notice:
Whereas, it has been called to the attention of the Executive Committee of the Gregory County Council of Defense that various and in some instances exorbitant prices are being asked by cornhuskers, and
Whereas after investigation of the prices being for such labor in other areas of this state as well as adjoining portions of  Nebraska , it  is
That a price of not to exceed 10cents per bu be paid for corn husking where the yield per acre exceeds 35 bu and where it exceed 25bu the price shall not exceed 9c per bu
HS Jarvis
J.F Frame Secretary
J.F. Frame was a local Burke attorney would later be appointed a Circuit Judge of the 11th circuit.

Non Partisan League and Home Guards
Independent party affiliation was not new to South Dakota.
In its first statehood election Republicans had 34,497 votes, Democrats 18,484 and Independent s 24,59, as shown by the race for Governor
In fact the  Independent  vote was far more than the  Democrat  vote  until a Fusion Candidate, Andrew E Lee,  was elected in 1898  The Independent Party was disbanded and Republicans  returned to power  with a  two to one vote over Democrats s in 1902

This continued until the uprising by voters which resulted in the formation of the Non Partisan League. Don’t forget that women could not vote until 1920 nor were Indians allowed to vote.
In 1916 the right of Women to vote in SD was denied 58,000 to 53,000
Peter Norbeck elected in 1916, setting the stage for his “Home Guard” extra judicial appointments.

In the 1918 election
Norbeck      51,175
Dem            17,858
Ind                       26,380

Constitutional amendments passed which were parts of the NPL agenda
Granted suffrage to women
Permitting State to mine and sell coal
Authorized state to engage in works of internal improvement
Contract for state indebtedness for internal improvement
Empowered state to engage in hydro-electric development
Allow State to manufacture and sell cement
Allow State to engage and sell hail insurance
Allow State to own and operate elevators, warehouses, flour mills and packing plants.
Enactment of Richards’s primary law
The Reps and Dem were scared stiff of the NPL.
In 1920 NPL out polled Deems and in 1922 the combined vote of Deems and NPL was 20,000 votes more than the elected Rep Governor.
By 1922 NPL became known as the farmer Labor party and by 1926 with the election of Democrat lawyer Bill Bulow the NPL was dead.
Bulow, a graduate of Michigan law school, started his practice  with Joe Kirby in Sioux Falls and later moved to Bereford South Dakota
 Bulow would later serve two terms as United States Senator, and Tom Berry .a West River cowboy. (Father of Baxter Berry, who you will hear about later when Georg e and a young Rick Johnson with help from Sam Masten defended him in a notorious murder trial) succeeded Bulow as governor.
Bulow was known as a cracker-box humorist and a bull's-eye tobacco spitter, drawling, beaked Bulow won the moniker of "Silent Bill" by speaking on the Senate floor only six times in two terms.

List of characters Home Guard
County Council in Gregory in Gregory county led by J.R. Cash with P.J. Donahue and J.F. Frame as members. Prominent lawyers all J.R. Cash would later be appointed Circuit Judge by Norbeck. P.J.  Donohue was a noted orator and father of Parnell and J.F. Frame would also become a Circuit Judge.

Cash became a notorious sentencer. Arlo Horst, proprietor of Arlo’s bar in Mission was sentenced to 10 years for statutory rape. This at a time when the SD Federal judge considered statutory rape on the reservation “as a mere social indiscretion.”
Rosebud Bar legend has it that when Judge Cash asked Arlo if he had anything to say, Arlo looked up and said “You are awfully free with my fucking time.”

Opie Chambers of Dallas was the most prominent and outspoken member of the Dallas Home guards. along with Jarvis, McLain and OM Sinclair, SE Lindley,
Protest against the Non Partisan League erupted in Gregory County in the Spring of 1918
Considering the NPL’s entire platform was passed by the enactment of the Constitution provisions Norbeck and his Democrat adversaries knew they were in serious trouble with the electorate.
They immediately embarked on a program of tying the SD NPL to be the arm of German sympathizers and were not 150% true Americans.
(Sound familiar?)

No place did it become more apparent than right here on the opened portion of the Rosebud.

Notwithstanding he had no statutory authorization to do so , Norbeck established a State Council of Defense which appointed County wide Councils and in turn each city on the Rosebud had its own Council of Defense.
The Rosebud became the focal point of the fight between the powers that be   against the intrusion of the NPL into their political bailiwick
In early March of 1918 an altercation between the Home guards and the organizers of the NPL occurred in Gregory.
The NPL men were attacked, their luggage sacked and rummaged and they were forced out of town to Burke where they were jailed overnight and placed on the train the following morning to Sioux City and told not to get off until they were out of South Dakota.
While there are different versions to the events perhaps the statement given by Opie Chambers in the Gregory paper of March 21st makes the point of mob rule most effectively.
He stated that they confiscated the papers of the NPL organizers and what they found proves how unpatriotic they really were.
All who examined the NPL pamphlet found it to be seditious
Quoting from the pamphlet Opie Chambers related:
“We therefore urge before proceeding further in support of our European allies, insist that they, in common with it, make immediate public declaration of terms of peace , without annexation of territory, indemnification, contributions or interference with the right of any nation to live and manage its own affairs, thus being in harmony with and supporting the new democracy in Russia in her declaration of these fundamental principle”
“To conscript men and exempt the blood stained wealth coined from the suffrage of humanity is repugnant to the spirit of America and contrary to the ideals of democracy”
“We declare freedom of speech to be the bulwark of human liberty, and we decry all attempts to muzzle the public press or individuals upon any pretext whatsoever. A declaration of War does not repeal the Constitution of the US, and the unwarranted interference of the military and other authorities with the rights of individuals must cease.”
“While engaged in righteous war against German imperialism why should the United States aid England (help) any other country in their imperialist designs?”
“Let us drag these questions out before the whole world and settle them before the bar of public opinion. If the German people and government are now willing to settle this war on the basis of the demands of our government, we should no longer continue to war.”
“We cannot know that we are not sending our young, strong capable men to die in the trenches not for democracy, but for imperialism, unless the things for which they fight be explicitly specified.”
Shall we deny to the patriotic young men, the flower of our nation, who go to suffer and die in foreign lands the reason for which they die?”
A free press and freedom of speech are the bulwarks of human liberty. Rights surrendered may never be regained; Therefore no attempt to muzzle the public pres or individual upon any pretext whatsoever should be permitted. A declaration of war does not repeal the constitution of the US and the unwarranted interference of the military and other authorities with the right of individuals must cease. It is the duty of those remaining to defend these rights, not for themselves only, but also in the interest of the patriotic youth battling in foreign lands, in order that they shall not have fought in vain”
Here’s what the chairman of the Gregory Council of Defense stated”
“After such positive proof of disloyalty on the part of the organizers and sedition on the part of the founders and controllers of such organization, it is feared that any attempt to hold meetings to further the work of the organization in Gregory County will result in riot and bloodshed, and acting in the interest of America and for law and order I, Opie Chambers, Chairman of the Council of Defense for Gregory County , South Dakota, do hereby order that no more public meeting of said National Non Partisan league be permitted in said county  and that no organizers for said NNPL be permitted to solicit subscriptions in said county , and I further direct each local or precinct chairman of said Council of Defense to see to it that no meetings of said league be held and no solicitors of said league operate in Gregory County, and I charge and direct the officers and members of the home guard in the said county of Gregory  to see that any person or persons attempting to hold public meetings under the name of the Nonpartisan League or any of its known branches, be arrested and the I or whoever may be acting for me at my office in Dallas, be notified, and  that said party or parties be held until appropriate action may be taken.
Signed Opie Chamber County Chairman of Council of Defense.
March 16, 1918.
Norbeck deposed Chambers the following May and appointed H.H. Jarvis a Herrick Lawyer, as Defense chairman.
In late March Chambers had issued an announcement that if the NPL persisted in organizing and holding meetings in Gregory County he would not be responsible for riots and that there would be killings.
He Proclaimed:
“I have issued an order that no more: public meetings of The NPL will be held in Gregory County
Dated March 15, 1918.

Notwithstanding his firing by Norbeck Chambers continued to speak at meetings around the county promising that he would break the law and lead mobs to break up NPL meeting not matter what.
The NPL and Gregory county had reached national attention.
President Wilson and Secretary of War Baker issued a proclamation denouncing the mob violence.
Norbeck attended a meeting where A.L. Putnam, a NPL candidate for Lt Gov attempted to question him. About the proclamation
One paper reported:

“Putnam did not have a chance to put the questions to the governor. No Galloway Bull ever bellowed more lustily than Governor Norbeck. He bounced up and down and pawed the air”
Where were the supporters of the Constitution and the Bill of Rights when all of this was happening? Where were the lawyers who are trusted with protecting our basic rights?
 Where was J.R. Cash, P.J. Donohue, J.F. Frame?
In May of 1918 Milo Sonner a farmer living a few miles south of St Charles
was hauled before a Bonesteel Council of Defense kangaroo court presided over by J.R. Cash, local attorney, and faced charges involving his solicitation of membership in the NPL.
P.J. Donahue a democrat lawyer was placed in charge of Sonner’s prosecution.
Cash’s secretary, soon to be his wife, was made the court reporter.
Needless to say Sonner was found guilty of something or other and ordered to use the money he had collected for membership in the NPL to buy War saving stamps.
Affidavits were afterwards filed which stated:
On March 12th, 1918 Sonner and a Mr. Nellermoe were holding a NPL rally at a hall in Herrick.
The hall was entered by a Mr. A Zorba and a mob of 20 persons (including Tom Hoy, (ancestor of Tex Hoy, who would give warning to Sonner) who ordered and then threw Sonner and Nellermoe out of the hall and busted up the meeting.
Mrs.Sonner was also at the meeting and in attempting to help her husband stated that she was more patriotic than Zorba since she had a brother in the trenches in France.
Zorba wheeled, grabbed her by the arm and told her; “that if she had a brother in the US Army he was there as a German spy.”
Thus two of the leading lawyers in town found Sonner Guilty, made him buy Liberty Stamps and never bothered to do anything to the mob which had forcibly broken up the meeting.
Oh yes- J.R Cash would become Circuit Judge and his wife Claudia, would become his court reporter. She would later become Hysge Don Drieves reporterand a great friebd of mine.
P.J. Donahue would raise a son, Parnell, who would become Attorney General of SD.

The clashes continued;-lawsuits were filed in federal court-suing Chambers and   his cohorts.
Finally Norbeck acted (One month before the WW 1  Armistice)
Four seven months mob violence had reigned on the Rosebud.
On Wednesday afternoon on October 9th, 1918 Governor Norbeck made a special trip to Bonesteel to guarantee law and order for a meeting to be addressed by candidates that had been endorsed by the NPL
The Governor first went to the Sheriff and told him he wanted him to uphold law and order and that the governor meant what he said.
The Governor then went to the Bonesteel Home guards and told them that the NPL League meeting would be held and there would not be another mob outrage in Gregory County.
And there wasn’t
Six husky Sanborn county farmers had escorted the NPL candidate for governor to Bonesteel where they were met by Gregory county farmer supporters
They had 100 farmer protectors and they drove on to Bonesteel. where they found the hall too small and went to the fairground and used the grandstand for their meeting.
Norbeck went even further he told the Sheriff and 8 deputized Home Guard to accompany the NPL candidates at another meeting in Dixon.
At the meeting a crowd of the Opie Chambers people gathered outside the hall. The Sheriff then rose and deputized everyone in the hall as his deputy-strode outside and told the mob what he had done The mob silently crept away
At the meeting in Winner, the Tripp county Sheriff told the gathered mob they could go straight to hell.  Instead they sat in the audience an acted like good citizens and listened to the speaker.
Thus did the mob rule come to a whimpering end- and the end of the war itself would soon follow.
In the peace process that would follow America would find out that its European allies weren’t much interested in making the world safe for democracy.      

If those who showed some sympathy for German or NPL farmers were treated to the indignities offered by the mob rule on the Rosebud- what happened to those Hutterites in SD who were conscientious objectors.

Four Hutterites, Jacob Wipf and three Hofer brothers, Joseph, David and Michael of the Rock port colony wrre arrested for failure to sign army enlistment papers and were sentenced to 37 years in prison.
They were taken to Alcatraz and put in solitary confinement where they were placed in dungeon like filthy cells.
They were given no clothing other than underwear and were only given a ½ glass of water every 24 hours and no food.
They were beaten with clubs and with arms crossed tied to the ceiling. After 5 days they were removed from the hole. For the remaining 4 months at Alcatraz they were allowed only one hour of exercise every Sunday.
After 4 months they were transferred to Fort Leavenworth. They were exposed to much cold and were made to stand at attention in the cold with little clothing. They were made to stand nine hours each day with hands tied hanging with their feet barely touching the floor
When their wives were finally allowed to visit Joseph was dead and Michael died two days later
As an ironic gesture the two dead bodies of Joseph and Michael were dressed in army uniforms before being sent to the colony for burial.