BY F. L. PUTNEY, OF TILDEN

      (245) THE time fixed by Samuel Maxwell for the first term of district court in the county was October 9, 1874, at Oakdale, and court convened on that date. This action of the judge was pursuant to the request of L. A. Boyd, Z. Buoy, and A. Warner, county commissioners. The statute of 1873 provided this procedure where the dates for terms of court had not been determined by the legislature. The court officers were Maxwell, judge; M. B. Hoxie, district attorney; W. W. Putney, clerk; and Jeptha Hopkins, sheriff. For nearly three years prior to this the dugout of the clerk, on Cedar Creek about four miles southwest of Oakdale, had been the court-house. I remember that Robert Marwood, treasurer; A. J. Leach, county superintendent; Jeptha Hopkins, sheriff; and Zebulon Buoy, county commissioner, took their oath of office there following the election of October, 1871. The county commissioners, for the convenience of the public, usually met at some point on the Elkhorn River and generally at Elwood's store, about thirty rods west of the present residence of Jeptha Hopkins. The first tax levy was made here. From the time of the construction of the Elwood hotel, in Oakdale, which was the first hotel in the county, until the erection of the little frame court-house in Oakdale, about sixteen by thirty-two feet, the commissioners held their sessions in the office of the hotel. This court-house was inadequate for court purposes and the first term of court was held in the old school-house. The grand jurors were Amos West, R. C. Eldridge, Byron Davis, Louis Contois, E. M. Blackford, C. G. Rouse, John Hunt, Jacob Garlough, A. J.  Motter, (246) Thomas Stolp, Orville Fields, James Gillespie, H. P. Davis, R. G. King, M. S. Bartlett, and Bernarder Trueblood. The petit jurors were G. W. Mummert, G. H. McGee, Henry King, Aaron Hollenbeck, J. W. Skiles, Stephen Hill, Robert Beeler, William Woolham, N. B. Eggleston, C. H. Derry, L. L. Bowers, John W. Ploof, James Craig, F. W. Richardson, Alex Belmer, A. G. Wright, A. D. Allen, William Rutledge, Robert Marwood, Thomas Grenier, Henry Brown, Ernst Michael, Charles E. Sale, and Edward Bonneau.

     To a time about contemporaneous with railroad construction through the county, but few attorneys had settled here. There was but little litigation; fees were small and decidedly intermittent. Many of the pioneer lawyers were forced to perform manual labor for subsistence. One combined harness making with his profession, another worked on the brick-yard, another in the saw-mill, and yet another in the harvest field. In fact, at this time there was a universal prayer among all classes that the favors bestowed upon the widow of Zarephath might be repeated and that the barrel of meal would not waste nor the cruse of oil fail. The early attorneys had but small libraries, there were no books to borrow, the lack of business begat indolence, and if a case did come to them the interval between that and the one preceding had been so long that court procedure had been quite forgotten. Consequently, non-resident attorneys were familiar features of the courts of the county in the earlier days. Railroad activity stimulated all the fields of human effort and opened the way to future possibilities, and with this stimulus came another and a different type of attorneys. Conspicuous in this class and who have reached more than local distinction as attorneys undertaking law as a science are Ben White, N. D. Jackson, and Thomas O'Day.

     The following persons have been resident attorneys: B. F. Admire, R. K. Beecham, C. F. Bayha, J. F. Boyd, George F. Boyd, H. P. Davis, W. P. Eaton, Herman Freeze, J. W. Getchell, J. H. Gurney, C. M. Herrig, (247) D. A.  Holmes, C. F. Huntington, N. D. Jackson, C. C. Jones, E. D. Kilbourn, Charles H. Kelsey, George T. Kelley, W. A. Lytton, M. H. Leach, W. F. McGinitie, R. T. Maxwell, Alexander McKinstry, Thomas O'Day, W. E. Pilling, F. L. Putney, M. B. Putney, W. W. Quivey, J. W. Rice, S. A. Sanders, S. G. Sparks, J. B. Smith, S. D. Thornton, O. A. Williams, B. B. Willey, Robert Wilson, Lewis Warren, Benjamin White, and H. W. Zink, This is nearly accurate, though there have been attorneys located at Elgin whose names I do not recall. I am not familiar with the history of all these attorneys, nor is it necessary to the purpose of this chapter, as their being here was transitory and not of interest to the general public.

     With the exception of S. D. Thornton, attorneys written of as county judges will not be included in this chapter. I mentioned W. P. Eaton, as he was the first attorney to settle in the county. He followed the fortunes of R. G. King from West Point to Oakdale. So far as I know his antecedent history is obscure, excepting that he was a veteran of the Civil War. He was of more than average appearance, a fair lawyer with an unfortunate habit which caused his death. He had no relatives here and was buried in the Oakdale cemetery.

     John W. Getchell was the first resident attorney at Neligh. Sizing up the situation as it then existed, he soon abandoned his profession and entered upon a mercantile career which proved in the end successful. He lives in Neligh in affluence, with large interests in the county and elsewhere.

     S. D. Thornton enjoys the distinction of being the attorney longest in practice in the county. He came to Oakdale in 1873, studied law with W. P. Eaton, and was admitted to the bar in 1875, Judge Griffey administering the oath of office. His long and almost continuous service as county judge and county attorney is evidence of his standing as an attorney and measures largely the confidence people have in his integrity and ability.

     O. A. Williams won his degree of LL. B. in the law (248) department of the University of Michigan at Ann Arbor. He began his practice of law at Neligh in 1888. He so grew in public esteem that in 1890 he was elected county attorney and served two years. He was appointed court reporter by John S. Robinson and occupied that position from 1894 to 1900. This occupation laid the foundation for a future greater practice in his profession. At the close of his service he again took up his practice in Neligh. He is a good student, careful of interests intrusted to him, and has an increasing clientage.

     C. C. Jones was a native of Illinois, a graduate of Lombard University, was admitted to the bar in 1882, was prosecuting attorney of Marshall County, Illinois, in 1880, and located in Neligh in 1883. He had a successful practice at the time he was appointed register of the United States Land Office at Neligh by President Cleveland. After the appointment of his successor he reopened an office in Neligh but never recovered his former practice. He died in Omaha and is buried in Neligh.

     Charles H. Kelsey is one of the youngest members of the bar, was born at Waterloo, Iowa, came with his parents to this county in 1881, graduated from the law department of the Nebraska University in 1895, located in Neligh, elected county attorney in 1897, and enjoys a lucrative practice. Mr. Kelsey has been prominent in republican politics and is considered an important factor in the deliberations of his party.

     E. D. Kilbourn was the seventh county attorney; has lived in the county for several years. As county attorney he acquitted himself in such a manner as to gain in public esteem. He enjoys a good practice in which he is quite successful.

     J. F. Boyd located in Oakdale about 1882, as a practicing attorney. Mr. Boyd's reputation rests largely upon his skill as a politician. He was twice county attorney, a district judge, and represented this district in Congress one term. After the close of his congressional career he reopened his law office in Neligh, to which place he moved from Oakdale on becoming judge.

     (249) George F. Boyd located in Oakdale about 1893, was admitted to the bar here and began the practice of law. He became county attorney, and at the close of his term seems to have quit-law practice and taken up banking. He is president of the Antelope County Bank and his management of its affairs is giving that bank deserved popularity.

     C. F. Bayha was at one time prominent in the affairs of the county, but gave the most of his time to land-office practice.

     R. K. Beecham made some pretense to the practice of law but gave the most of his time to journalism at Neligh and was widely known in the county.

     W. E. Pilling was an attorney at Oakdale and at one time had his share of practice there.

     D. A. Holmes gained some prominence at the bar in the county, with his home in Oakdale. He moved from there to Norfolk, thence to Sioux City, then to Chicago, and later to New York City.

     Ben White came from Iowa to Oakdale, where he formed a law partnership with D. A. Holmes. Later the firm moved to Norfolk, where the partnership was continued for some time. On its being dissolved Mr. Holmes went to Sioux City and Mr. White remained in Norfolk, forming a partnership with H. C. Brome, who was at that time local solicitor for the Northwestern Railway Company. This partnership relation brought Mr. White in contact with Mr. Hawley. the general solicitor of the company, and arrangements were afterward made whereby Mr. White was appointed as assistant solicitor with an office first at Fremont and later in Omaha. Some years afterwards Mr. Hawley died and Mr. White was made general solicitor. From a country law practice in Oakdale to general solicitor of the entire Northwestern Railroad system is a record seldom equaled and makes Mr. White's influence second to that of no man in the state. Mr. White's career as an attorney in Oakdale had no promise in it of such a future. He was studious but not aggressive in practice. I think, (250) perhaps, that he had a wider range of information than his compeers, other than his knowledge of law. I remember while editing the Oakdale "Journal" of publishing one of his addresses which was exceptionally pertinent to the occasion and was well written. He was pleasing in his manner of address and a ready talker when master of his subject. His mannerisms invited friendship and he was courteous and entertaining. I think Mr. White is the evolution of the law office and not of a law school.

     Thomas O'Day was a familiar character in the courts of Antelope County from July 3, 1879, at which time he located at Neligh, until 1889, when he sought another location, settling at Portland, Oregon, in 1890, where he continues to reside. Mr. O'Day was born at Goshen, Connecticut, July 4, 1852, later moving as a member of his father's family to Moline, Illinois. He acquired a liberal education and taught school in Iowa and Bellevue, Nebraska. He graduated from the law department of the University of Iowa in 1877. He commenced the practice of law at Bedford, Iowa, but changed his location, coming to Nebraska in 1878, teaching school in Sarpy County until June, 1879. Mr. O'Day, from the time of his first lawsuit in the county, took rank as one of the leading attorneys of this section of the state. I recall that he had quite an extensive practice in Pierce, Madison, Holt, Knox, Boone, and Wheeler counties. I remember at one term of court that Mr. O'Day was temporarily absent and that judge Crawford told the clerk that if it was possible to find a case on the docket in which O'Day was not interested on one side or the other to call it so that the court might transact business. Tom O'Day, I suppose, was of Irish descent and he had the ready wit of his race. He was apt in repartee, a fluent talker, and of good presence. He had unbounded faith in Tom O'Day, which always gave him confidence under trying circumstances. I remember that he acquitted himself with credit in the case of the state against Billy Reed, being associated with John C. Cowin, of Omaha, as junior counsel. Mr. O'Day was (251) nominated for supreme judge of Nebraska is 1879, but was defeated. In his new home in Oregon, he started a successful career as a lawyer and was nominated for judge of the supreme court and again defeated. These defeats were owing to the democratic party being in the minority. In August, 1907, Mr. O'Day was appointed one of the circuit judges for the Fourth Circuit of Oregon which included the city of Portland, and nominated for the position again, but his party went to defeat at the election, carrying him with it.

     M. B. Putney studied law with W. E. Pilling, and was admitted to the bar in Antelope County. He possessed to a marked degree the elements of an orator. His powers of analysis were good. He abandoned the practice of law temporarily and became a lecturer both for the Ancient Order of United Workmen and the Modern Woodmen. Later he settled in Cleveland, Ohio, and resumed the practice of law and is building up a lucrative practice.

     C. F. Huntington gave great promise as an attorney, but his unsuccessful contest with F. B. Tiffany for the district judgeship in 1883 proved disastrous and in some manner he came to an untimely death in New Orleans.

     F. L. Putney was born at Strawberry Point, Iowa, in 1857, and came with his parents to Antelope County in December 1870. His school privileges were confined to the schools of the county and did not embrace more than fifteen months scattered over a period of eight years. In the fall of 1885 he purchased and successfully edited the Oakdale "Journal," studied law in the office of Thornton and Huntington until that partnership was dissolved, then alternately with Mr. Huntington and Mr. Thornton, and was admitted to the bar in 1889. The same year he went to Pacific County, Washington, and there commenced his practice of law and also purchased an interest in the Pacific "Journal" with John W. Phillips, and edited that paper. In the spring of 1890 he established the Willapa "Republican" and edited this paper until the fall of 1890, when he was joined by M. H. Leach, who purchased a half (252) interest. Mr. Putney represented Pacific County in the state legislature in 1891 and 1892 and returned to Nebraska in 1893 and settled in Tilden, where he now resides.

     In the year 1879 N. D. Jackson walked into Antelope County from Norfolk, spending his first night at the farmhouse of A. Warner. He located first in Oakdale, moving to Neligh in 1881. He was born at Rugents Pond, in the state of Maine, in 1854. He graduated from Cedar Valley Seminary, Osage, Iowa, in 1877, and from the law department of the Iowa University in 1879. As district attorney, district judge, member of the legislature, and court commissioner, to which office he was appointed April, 1905, Mr. Jackson won distinction as an attorney. His election as district attorney gave him an opportunity to develop his natural talents and to widen his acquaintance. In subsequent years he had an extensive practice throughout northern Nebraska, being chief counsel and assistant counsel in many leading cases. His history as court commissioner takes rank with that of any member of the supreme court. Judge Jackson has established an enviable reputation for honesty and integrity in his profession. Every act of his as an attorney and jurist has had a tendency to exalt instead of tearing down and bringing to ridicule a noble calling. During an intimate acquaintance of thirty years I have never heard him accused of betraying a client or breaking faith with a brother lawyer. In the practice of his profession he exercises good judgment and conducts his cases along the lines suggested by strong common sense. He possesses none of the arts of a trained orator, but is a forcible speaker, and is not given to high sounding periods. His argument follows the evidence, and his logic is good. I think that all members of the bar will agree with me that Mr. Jackson has stood for years past at the head of his profession and is the peer of any attorney in northern Nebraska. I regard his recent change in location as a loss to the community. His knowledge of the law, ripened experience, and professional integrity may not be replaced at the bar of Antelope County for many years.