Omaha daily bee., 1899-08-13

John II. Sahler we're evidently among the
popular attorneys OF that date and among
those whose names appear less frequently
were J. NJ. N. Latham, O. II. Richardson,
A.. C. Ford. Jonas Seely. c. f, Stone, C.. T.
Holloway, J. NJ. Thayer. p. w. Hitchcock.
William A.. Little, Albert g, Clarke, u. u.
Belden, r l. Douglas, r. N. Matthews, ID.
II. Solomon, ]. w. Van Nostrand. II. P.
Brewster, J. r. Meredith, George !. Gilbert,
Allen Root, i. II. Lemon, A. Marsh, George
s. Chapman, d. d. Bidder and r. A. Howard.
First Criminal Cases.
The criminal calendar OF those days is
comprised in a very few pages and the in
cidental records that accompany these are
very limited. Owing to a change in the
system of the office most OF the filings in the
earliest cases are packed away in a mass OF
old papers and cannot now be reached with
out a protractsd search. The first criminal
case was entitled ''The Territory OF Me-
braska against William Riggs" but there is
nothing TO show for what offense Riggs was
compelled to answer. The journal entry
merely indicates that the case was nOlled
by the district attorney and a similar dis
posaf was made of a number Of the cases
that follow 1t on the record.
The first criminal case in which a CON
Viction was secured was that OF the territory
against William Hampton and Phillip
Emmett, who were convicted of stealing two
horses from w. d. Brown. They we're
sentenced to eight months each in the
penitentiary. Hampton was also sentenced
to another eight-months' term Tor stealing a
horse from the sherin of the county. J. C.
Reeves.
At that early day there was one indie. ment
found against Louis Booke for keeping a
gambling house. The record indicates that
the case was handled much as similar cases
have been disposed of in more recent years.
The docket shows that 1t was continued until
the next term OF court and there is nothing
to indicate that II was ever resurrected.
Associate Justice Samuel W. Black issued
the first writ OF injunction that was ever
served from a Nebraska court. This was in
the spring of 1856, and 1t referred to a con-
troversy over the right to the exclusive use
OF one OF the ferries over the Elkhorn river.
By an act passed by the Legislature in
March, 1856, Taylor G. Goodwill was given
a charter which granted the exclusive ferry
privilege at all points not covered by
charters previously given. He assigned his
franchise to the Elkhorn Loup Fork Bridge
and Ferry company and the same company
purchased a franchise previously given to
Jonathan Shinn TO run a ferry at Mormon's
Crossing. In April this company built a
boat and established 1t at what was known
as the Bridgeport Crossing, where 1t did a
considerable business in transporting pas
sengers and freight across the river.
Competition Came Quick.
Soon after S. N. Fifeld and William
Nichols concluded that the ferry business
was a good thing and they also built a boat
and entered into competition with the old
company. Then the Loup Fork concern APP
piled for the writ of injunction, which was
granted by Justice Black at the instance of
their attorney, James G. Chapman. The
original writ, In the handwriting OF Justice
Black, is still on file, as we'll as the %returti
Of Sheriff Reeves and an order of attach
ment for contempt for alleged violation Of
the injunction. The defendants were finally
brought into court, where they disclaimed
any intention of violating the writ and put
up a $500 bond, to be forfeited in case Of
further offense. t. II
The first decree of divorce was granted by
Justice Ferguson in 1856 and the case was
the eighth that was filed in the territorial
court. The parties were Susan and George
Enheimer and the petition that was filed
by Susan tells a story of marital infelicity
that scarcely varies in any detail from
hundreds OF a similar nature that have since
been spread on the record. She declares that
her husband treated her with great brutality
and was unfaithful to his marriage VOWS.
The husband made no defense and the decree
was granted. '" "a 'F'''f
One of the interesting cases that are re-
corded on docket A is an information filed
by the territory through Jesse Lowe as
relator, in which the court is asked to enjoin
]. N. H. Patrick, Lloyd Smith, James
Stewart Matthewson, F.. Patrick and william
s.. Walker from doing a banking BUSINESS in
Omaha as the Saratoga bank. This was a
case in which the bankers commended that
they had a right to do business under the