Omaha daily bee., 1899-08-13
Court Had an Easy Time.

apparently ltlgatlon was scarce in those
days, for when the court assembled a month
later there was still no case to be adjudi-
Gated. 1t was not until the following Octo-
Der that the newly appointed chief justice
actually began to exercise his Judicial func-
tons. The court convened October 16 and
the journal indicates that there were pres
ent, besides the Judge, Experience Esta-
brook, district attorney; j.. w. Paddock.
deputy marshal, and George Armstrong, dep
uty clerk. At the Instance of Mr.. Estabrook
a venire was issued for a United States
grand jury, to be returnable a week later.
and then d. H.. Solomon secured the honor
Of being the first lawyer admitted to practice.
Mr.. Solomon immediately appeared for the
prosecuting attorney and on his motion an
other grand jury was ordered for Douglas
county. The court then appointed Messrs.
Estabrook, Solomon and A. j. Poppleton a
committee to examine candidates for adj
mission to the bar and adjourned until the
following Monday. 't 50 -'
At the next session the first grand fury
for Douglas county was brought in by Sheriff
p. G. Peterson. 1t consisted of R. Hogebom,
/. p. Halleck, Sylvanus Dodge, Jesse Lowe,
A. Davis, j. f. Kimball, II. Johnson, A. w.
Trumble, L. Driskall, j. G. Reeves, J. Sail
ing, p. Cassidy, w. H. Smith, H.. H.. Smith
and /. E.. Alden. The court designated Jesse
Lowe as foreman and the grand jury was
sworn and sent out to deliberate. The United
States grand jury was sworn on the follow
ing day, but after three days elaboration
both juries adjourned without finding a bill.
In the meantime Allen Root, oliver p.
Mason, William e. Moore, Charles Grant,
b. B. Chapman, Silas A. Strickland, D. w.
Price, ]. M. Thayer. G. It. Holloway, L. l..
Bowen and L. NJ. Gloss were admitted to
practice and the court considered its first
case, which was a small suit brought by
William Whitmore against Almiron Lock-
wood. The defense put In a demurrer, which
was sustained, and thus ended the first piece
of litigation in the district court of Ne
braska.
A special term was called In November and
a grand jury empanneled for the express
purpose of securing an Indictment against
Charles A. Henry for some offense that the
records do not disclose. In any case the
jury refused to indict. The Jury was dis
charged and court was adjourned to the fol-
lowing March. Henry was arrested for kill
ing George HOLSTER. whom he shot. at
Bellevue, in a quarrel arising from a dis
pute over a boundary line. This was the
first murder in Nebraska.
The first case filed on the appearance
docket Of the district court was a transcript
from the court Of Justice Lorin Miller, In
which Isaac Parker secured a judgment
against Benjamin Leonard for s77.25. This
was recorded In the writing of j. w. Pad
dock, and at the bottom Of the page appears
this entry, made July IS, 1867, nearly two
years after the other entries:
James M. Woolworth has this day filed
in this office a book entitled Omaha City,
the Capital of Nebraska, Its Growth, His
tory, Commercial and Other Advantages and
Future Prospects"
some Attorneys.
This docket includes all cases that were
filed prior to May 10. 1858, together with
the names Of the opposing attorneys. These
include a number OF names that have since
become famous in the profession and many
others that will be remembered only by a
few Of the pioneers OF Omaha. The name
of A.. ]. Poppleton appears in connection
with four out OF five cases filed during the
first year, ]. NJ. Woodwork also appears
frequently as counsel, and the names OF
George b. Lake. ! N. II. Patrick, A. ].
Hanseom and Experience Estabrook appear
with more or less frequency. Redick &
Harris, James G.. Chapman, Macon Bros. and