Archive for July 15th, 2010

Rustler Round-up

July 15, 2010

Springview Courthouse (Image from http://casde.unl.edu)

On Monday, I posted about a woman who was raped and lynched by cattle rustlers from this same town, in this same time frame. I never found any articles about them catching and trying anyone for those heinous crimes. I think it is entirely possible that these men or some of their associates could have been responsible, but, if so, were never charged or tried. ( Link to the post.)

CAUGHT THE RUSTLERS

Forced to Surrender to Keya Paha Vigilantes.

CHANGE OF SENTIMENT AT BUTTE

Men Who Were Outspoken Against the Lynching of Barrett Scott Express the Hope That the Prisoners Will Be Lynched — One Hundred Stolen Cattle Were Found In Their Possession.

BUTTE, Neb., July 16. — The vigilantes made their raid on the rustlers’ camp Sunday. They found the rustlers in camp in the stockade at Fort Randall ready to protect their stolen property. The fort was quickly surrounded and the men, realizing the futility of resistance, surrendered to the vigilantes. They were quickly disarmed, bound hand and foot and placed on their horse and started west, presumably for Keya Paha county.

The men captured are Louis Zoadland, a resident of Spencer, Neb.; S.C. Clark, C.S. Murphy and C.H. Jackson, who live west of Springview.

Nearly 100 head of cattle were found, and over 40 head were identified by R. Austager, a resident living 16 miles west of Springview, as his property.

Charles White and his children, who were with the rustling party, were left in charge of the balance of the cattle until further investigation could be made, but as soon as the vigilantes left they took the stock and followed the men, driving the cattle before them.

N. Keeler of Spencer, one of the men suspected, could not be found, but a number of the regulators stayed behind to look him up, as well as some other parties who are thought to be connected with the stealing.

The vigilantes who conducted the captured men back to Keya Paha county are N. Taylor, captain; Fred Shattuck, William Charmas, John Wright, R. Austager, Mark Harvey, Stillman Lewis, Jack Woods and Carl Chiede. Young Murphy, one of the captured men, became frightened and told all he knew, implicating several parties. One of Clark’s daughters, a girl of 18 years, is engaged to Zoadland and was to be married in a few days, and when informed that Zoadland was a married man and had several children she was greatly distressed.

But few here think the rustlers reached Spring View, as the vigilantes are old ranchers and seldom bring a rustler back when they have a good chance to make away with him. Others believe that because of the publicity given to the affair the men in charge will not dare to make away with them, but will turn them over to the authorities at Spring View, when other parties will take them from the officers, and they will likely share the usual fate of rustlers.

Deputy United States Marshal Cogle of Springview arrived in town in search of the stolen cattle, but came too late to get them. One peculiar circumstance in this connection is the change of sentiment noticed in Butte since the report of the stealing. Men who were outspoken against the Holt county vigilantes during the Scott trial were heard to express the hope that the men captured would by hung by the vigilantes.

The Evening News (Lincoln, Nebraska) Jul 16, 1895

Springview (Image from http://casde.unl.edu)

FATE OF RUSTLERS,

Cattle Thieves Thought to Have Been Lynched.

ARE NORTORIOUS CRIMINALS

Captured by Nebraska Vigilants and May Have Been Strung Up to Save the County the Expense of a Trial.

Butte, Neb., July 16. — There is a general belief here that the rustlers captured by the vigilantes Sunday have been lynched. The vigilantes found the rustlers in camp in the stockade at Fair, prepared to protect their stolen property. The fort was quickly surrounded and the men, realizing the futility of resistance, surrendered to the vigilantes. They were quickly disarmed, bound hand and foot, and placed on their horses and started west, presumably for Keya Paha county. The men captured were: Louis Zouadland, a resident of Spencer, Neb.; S.C. Clark, C.S. Murphy, and C.H. Jackson, who lived west of Spring View.

Nearly 100 head of cattle were found.

But few here think the rustlers reached Spring View, as the vigilantes are old ranchers and seldom bring a rustler back when they have a good chance to make away with him. Others believe that because of the publicity given to the affair the men in charge will not dare to make away with them, but will turn them over to the authorities at Spring View, when other parties will take them from the officers, and they will likely share the usual fate of rustlers.

Davenport Daily Tribune (Davenport, Iowa) Jul 17, 1895

“Rustlers” Plead Guilty.

Omaha, Neb., July 19. — A special from Springview, Neb., says J. Voegel, S.T. Clark and C.H. Jackson pleaded guilty to cattle stealing and will go before the District court at Bassett Monday and receive their sentences. This will make six rustlers Keya Paha county has sent to Lincoln in four months.

Davenport Daily Tribune ( Davenport, Iowa) Jul 20, 1895

Fort Randall (#14)

Convicts Who Claim They Were Hurried Into the Pen Under Threats and False Pretenses.

Convicts Want Liberty.

Three penitentiary convicts, Salem Clark, Charles H. Jackson and Lewis Vogland, who are serving a six-year sentence for cattle stealing, are making an effort to regain their liberty through the medium of a writ of habeas corpus. The petition for a writ was filed in the supreme court yesterday afternoon by Judge J.H. Broady of this city. The petitioners assert that they pleaded guilty to Judge Kinkaid out of court in order to avoid being lynched and that the judge then upon sentenced them to a term of six years imprisonment. They claim that they were captured in South Dakota in March, 1895, by a band of vigilantes and brought to Springview. They were given a preliminary hearing and were intimidated by threats of mob violence into pleading guilty to stealing thirty-two head of cattle. They were then taken to Bassett, Rock county, and although no court was in session Judge Kinkaid imposed sentence upon them. The claim is made that these proceedings were all contrary to law and that the defendants are being unlawfully deprived of their liberty. The court made the writ returnable on March 2.

The Evening News (Lincoln, Nebraska) Feb 19, 1896

RELEASED THE RUSTLERS.

Men Who Had Plead Guilty Get Out On Habeas Corpus.

LINCOLN, Neb., April 11. — In the supreme court in re the application of Louis Vogeland, Salem T. Clark and Charles H. Jackson for a writ of habeas corpus, the writ was granted and the prisoners ordered discharged. This case excited considerable interest at the time application for the writ was made, and the facts brought to light. Then men have been in the penitentiary for several months, having pleaded guilty of cattle stealing in Keya Paha county, in January, 1895.

They claimed that they had been arrested in South Dakota without a warrant by a Nebraska officer, and brought down to the county judge of Keya Paha county and by him committed to await a hearing at the succeeding term of the district court of that county to be held at Springview, Neb. Subsequently they were brought before Judge Kincaid, sitting in chambers and advised by some one to plead guilty to cattle stealing. This, they claimed in their application was under duress, since a mob of vigilantes were standing outside the court to hang them if they did not. They, however, did so, and Judge Kincaid sentenced them to five and six years in the penitentiary.

The supreme court, in the syllabus, holds that “under the provisions of chapter CVIII of the Laws of Nebraska, passed 1885, the requirements that all informations shall be filed during the term of the court having jurisdiction of the offenses specified therein, is mandatory, and an information upon which the accused is to be tried for felony is void if filed in vacation.”

The prisoners were released, but immediately taken into custody again. They are likely to be taken back for a new trial.

Eau Claire Leader (Eau Claire, Wisconsin) Apr 12, 1896