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Outrageous
Treatment
Strange
Story Which Comes From Keya Paha County
Special
Dispatch to the World Herald
Lincoln,
Nebraska, February 18. -- In an application for
a writ of habeas corpus, which was made today by Judge
J. H. Broady, is told a story of life of the northern
border which is full of interest.
Judge
Broady appears as the attorney for Louis Vogland, Fabon
T. Clark, and Charles H. Jackson, who are now in the
state penitentiary, and they seek to be released and
expect to show that their conviction and commitment
were irregular and illegal. The writ was issued
for Warden Ledigh to appear, in court on March 3 with
the prisoners and show cause why he keeps then in confinement.
The
story of the transaction, as related in the application,
is this:
On
July 15, 1895, while Jackson, Clark and Vogland were
on the old Fort Randall Reservation, which is on the
South Dakota side of the line, they were arrested by
a party of citizens of Keya Paha County, Nebraska. They
say that one Taylor was at the head of the arresting
party, and that he is known throughout that section
as the chief of a band of vigilantes. When the
three were arrested their hands were tied, pistols were
pointed in their faces, several shots were fired, one
of which narrowly missed a child of one of the prisoners,
and other acts were committed which were evidently intended
to make the prisoners believe their captors would have
but small compunction about putting them to death.
No
warrant or other writ was shown, nor did any of the
captors claim to be officers having authority to arrest
the men. They were told, however, that they were
charged with stealing thirty two head of cattle which
were in their possession at the time, and which were
taken in charge by their captors.
Immediately
on their arrest they were started for Springview, the
county seat of Keya Paha County, wher they arrived on
the 18th of July.
The
distance from the place of arrest to Springivew is about
sixty miles.
The
petition states that while on the journey, and while
in camp at night, Taylor and his followers kept up their
threatening and intimidating acts and language, and
advised the prisoners that in order to save their lives,
which would certainly be taken by the vigilantes, they
would have to plead guilty to the oarge of cattle stealing
which would be brought against them. Upon arrival
at Springview the prisoners were put in jail and kept
there four or five days.
While
in the jail they herd mysterious whisperings and talk
about vigilantes, cattle rustlers, and hanging, which
contributed greatly to their belief that they were in
imminent danger of being summarily disposed of. As
the application puts it, "this vigilante committee
is in the habit of hanging men and disposing of them
so that nothing is known of what has become of them."
When
finally they were brought up for their preliminary examination,
the applications says that the county attorney of Keya
Paha advised them that it would be better for them not
to employ an attorney. This advice was taken to
be a warning, which the prisoners concluded it best
to heed, and they employed no attorney, but waived their
examination.
Several
days after this they were taken by the sheriff, the
county attorney accompanying them, to Bassett, the county
seat of Rock County.
The
clerk of the district court did not accompany them;
district court was not in session in either Keya Paha
or Rock County, but they were taken before Judge W.
P. Kincaid, at chambers in Bassett, and there they pleaded
guilty to the charge contained in a paper which was
exhibited, and were sentenced by Kincaid, Vogland to
five years, and Clark and Jackson to six years each
in the penitentiary.
The
application is made on the ground that the pretended
trial and conviction and sentence by Judge Kincaid at
chambers in another county from that in which the information
had been filed, without a change of venue having been
taken, was a most outrageous disregard of the rights
of the condemned on the part judge.
Omaha World Herald - February 19, 1896
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