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Baden: Mayhem
Putting in the new data concerning Baden starting August 14, 2000...
Right off the bat I am finding some names spelled differently from data sent to me previously. Have tried to correct the following.
Chas. Phoenix appears as Chas. Phenix at times. Do not know which is correct!
John P. Riley appears as John P. Risley.
Will try to put in new data with old in date order.
I had one name that utterly defied me...put down Soprano or some such. Now I am beginning to think the name is Jas. Superman [listed in 1880 at Winfield]. Have therefore changed Soprano to Superman.
First batch of “stuff” I got reflected that James A. Miller was the “wronged” party. This last batch I got shows that I was evidently wrong in what I read. It definitely shows that “James F. Miller” is correct. [Have changed the initial on Miller.]
[Note: Much of the following is almost illegible. Unless I am certain of date/figure/etc., I will probably skip certain lines in order to get to the main information. Some of these court documents had a seal: again, illegible for the most part. MAW]
June 22, 1880.
State of Kansas
County of Cowley ss [?] The State of Kansas
To any Sheriff or Constable of the State of Kansas Greeting.
Whereas it appearing that there are reasonable grounds for believing that Edward Goodrich and John P. Baden have committed the offense of unlawfully, feloniously, and with malice aforethought, assaulting and beating one James F. Miller and then and there unlawfully and feloniously and with malice aforethought biting and disabling the third finger of the right hand of him, the said James F. Miller with the intent then and there unlawfully, feloniously, and with malice aforethought, harm the said James F. Miller to maim and disfigure.
At and within the County of Cowley and State of Kansas on the 22nd day of June 1880.
You are therefor commanded forthwith to arrest the said Edward Goodrich and John P. Baden and bring them before some magistrate of the County of Cowley and State of Kansas to be dealt with according to law.
Witness my hand this 22nd Day of June 1880. James Kelly, Justice of the Peace of the City of Winfield, Cowley County, Kansas.
No. 167. No. 211.
The State of Kansas VS Edward Goodrich, John P. Baden
Complaint
Witnesses for State
James F. Miller
Chas. Phenix
Thos. H. Hills
Joe Superman
S. E. Davis
L. Knight
Ed. P. Greer
Levi Wells
Dr. W. R. Davis
Filed June 22, 1880
James Kelly, J. P.
Filed June 29, 1880. E. S. Bedilion, Clerk.
State of Kansas, Cowley County, SS.
In Justices Court before James Kelly, Justice of the Peace in and for the city of Winfield, Cowley County, Kansas.
The State of Kansas VS Edward Goodrich and John P. Baden
Criminal Action No. 167
[FIRST WORD???] on this 22nd day of June 1880, comes James F. Miller and complains of the above named Edward Goodrich and John P. Baden, defendants, as follows.
State of Kansas, Cowley County, SS
James F. Miller, after being first duly sworn, deposes and says that on the 22nd day of June 1880 at the county of Cowley and State of Kansas Edward Goodrich and John P. Baden unlawfully, feloniously, and with malice aforethought did assault and beat the said James F. Miller and did then and there unlawfully, feloniously, and with malice aforethought bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent then and there unlawfully and feloniously with malice aforethought injure the said James F. Miller to maim and disfigure contrary to the forms of the law [?] on this 23rd day of June 1880 the defendants being in court the county attorney appeared on behalf of the State and Pyburn & Brush [?] and L. J. Webb appeared for the defendants.
The hearing was continued until 3 o’clock p.m. this day.
The defendants entered into a recognizance with bond for their appearance with Daniel Sheel and M. L. Robinson as Sureties.
Bond appearance case filed by me this 23rd day of June 1880.
June 23, 1880, 8 o’clock p.m. The hour for the further hearing of this cause and the defendants being in consent, the county attorney, Henry E. Asp, and W. P. Hackney appeared fro the plaintiff and Pyburn and Brush for the defendants.
The defendants by their attorneys Pyburn and Brush waived the examination and [NEXT WORD BEATS ME...COULD BE convention or some such word] to be held to the district court Jan. trial [?term?].
It was thereupon ordered by the Court that the defendant, Edward Goodrich, enter into a recognizance with good and sufficient Sureties in the personal sum of Five Hundred Dollars ($500.00), which recognizance and bond was filed. Sureties testified and bond approved by me this 23rd day of June 1880.
It was also ordered by the Court that the defendant John P. Baden enter into a recognizance and have [?] with good and sufficient Sureties in the personal sum of One Thousand Dollars ($1,000.00), which recognizance and bond was filed and Sureties approved by me this 23rd day of June 1880.
Recognizance of witnesses filed and approved this 23 day of June 1880.
To Hon. E. S. Bedilion Clerk of the district Court, Cowley County, Kansas.
I hereby certify that the foregoing is a full, true, and correct transcript from my docket of the proceedings had by and before me at my office in the city of Winfield, Cowley Co., Kansas, in this examination [?].
Witness my hand at Winfield in Said County this 25th day of June 1880.
James Kelly, Justice of the Peace.
Costs in the above entitled action including this transcript: $11.25.
James Kelly, Justice of the Peace.
No. 211, State of Kansas V Edward Goodrich and John P. Baden.
Transcript
Filed June 29, 1880. E. S. Bedilion, Clerk.
In Justices Court before James Kelley, Esq., J. P., in and for the City of Winfield, Cowley County, State of Kansas.
The State of Kansas VS Edward Goodrich and John P. Baden.
Whereas, on the 22nd day of June 1880 the above named defendants were arrested upon the charge of having at the county of Cowley in the state of Kansas, on the 22nd day of June, 1880, committed the offense of unlawfully, feloniously, and with malice aforethought, assaulting and beating one James F. Miller, and then and there unlawfully and feloniously and with malice aforethought, biting and disabling the third finger of the right hand of him, the said James F. Miller, with the intent thereof to unlawfully, feloniously, and with malice aforethought, him, the said James F. Miller, to maim and disfigure, and whereas said defendants were brought before said justice on the 23rd day of June, 1880, and the examination of the defendants upon said charges was by said justice continued until the 23rd day of June, 1880, at three o’clock p.m., and the defendants were required by said justice to enter into a recognizance to the state of Kansas in the sum of five hundred dollars each for their appearance before said justice on the day and hour last aforesaid, then and there to answer said charge, and not depart without leave.
Now, therefore, we, the undersigned, do undertake to the state of Kansas in the sum of one thousand dollars, conditioned as aforesaid. If the said defendants do appear for an examination before said justice upon said charge, abide the judgment of said justice, then this obligation shall be void; otherwise, in full force effect.
In witness whereof we herewith [?] have this the 22nd day of June, 1880.
No. 167
The State of Kansas
VS
Edward Goodrich
John P. Baden
Cg [?] assault
Filed June 29 1880 E. S. Bedilion, Clerk.
Received this writ this 22nd day of June 1880.
Served by arresting the within named Edward Goodrich and John P. Baden and have their bodies before the Court this 28th day of June 1880. John Finch, Constable.
Fees $2.00 Filed June 23rd 1880. James Kelly, Justice of the Peace.
J. P. Baden
Edward C. Goodrich
Daniel Sheel
M. L. Robinson
The above [?] foregoing recognizance taken and acknowledged before me and Sureties thereon approved by me this 23rd day of June 1880. James Kelly, Justice of the Peace.
In Justices Court Before James Kelly, Esq., a Justice of the Peace of the city of Winfield, Cowley County, Kansas.
The State of Kansas, Plaintiff, V. John P. Baden and Edward Goodrich, Defendant.
Recognizance
Be it remembered that on the 23rd day of June A. D. 1880, before me, the above named justice of the peace, personally appeared the above named defendants, John P. Baden, as principal, and Frank Williams, H. Jochems, and A. T. Spotswood as his sureties, and jointly and severally acknowledged themselves to owe and be indebted to the State of Kansas in the sum of One Thousand Dollars to be levied of their respective lands and tenements and goods and chattels if default be made in its condition following to wit. The condition of this recognizance is such that whereas the above bounden John P. Baden and Edward Goodrich were duly arrested and this day brought before the undersigned for information upon the charge of unlawfully, feloniously, and with malice aforethought, assaulting and beating one James F. Miller, and there and then unlawfully and feloniously and with malice aforethought, biting and disabling the third finger of the right hand of him, the said James F. Miller, with the intent then and there to unlawfully, feloniously, and with malice aforethought him, the said James F. Miller, to maim and disfigure, at and within the county of Cowley, in the state of Kansas, on the 22nd day of June A. D. 1880, and whereas said defendants duly waived an examination upon such charge and said Justice required said defendant, John P. Baden, to enter into a recognizance with sufficient sureties to the state of Kansas in the sum of one thousand dollars, now therefor if the above bounden John P. Baden shall personally be and appear before the District court of the county of Cowley state of Kansas on the first day of the next term thereof, then and there to answer to an information then to be filed in said court by the county attorney of said county charging said defendant with commission of said, and shall not depart said county without leave thereof and shall abide the judgment of said Court then this recognizance shall be void otherwise to be and remain in full force and effect.
Witness our hands this 23rd day of June 1880.
Edward Goodrich
E. B. Weitzel
G. Simmons
State of Kansas, Cowley County ss
E. B. Weitzel and G. Simmons being first duly sworn each for himself deposes and says that he is worth over and above his debts, liabilities, and legal exemptions the amount set opposite his name subscribed hereto.
E. B. Weitzel $500.00
G. Simmons $500.00
Subscribed and sworn to before me this 22nd day of June 1880.
James Kelly, Justice of the Peace.
The above and foregoing recognizance taken and acknowledged before me and Sureties thereon approved by me on this 23rd day of June, 1880.
James Kelly, Justice of the Peace.
In Justices Court before James Kelly, a Justice of the Peace of the City of Winfield, Cowley County, Kansas.
The State of Kansas, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
Recognizance
Be it remembered that on this 23rd day of June A. D. 1880, before me the above named Justice of the Peace personally appeared the above named defendant, Edward Goodrich, as principal, and E. B. Weitzel and G. Simmons as his sureties and jointly and severally acknowledged themselves to owe and be indebted to the State of Kansas in the sum of Five hundred dollars to be levied of their respective goods and chattels if default be made in the condition following, to-wit:
The condition of this recognizance is such that whereas the above bounden Edward Goodrich and one John P. Baden were duly arrested and this day brought before the undersigned for an examination upon the charge of unlawfully and feloniously, and with malice aforethought, assaulting and beating one James F. Miller, and then and there unlawfully and feloniously and with malice aforethought did assault and hit James F. Miller, and did then and there unlawfully, feloniously and with malice aforethought - bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent then and there him, the said James F. Miller, to main and disfigure, and shall so continue to be and appear before said court from day to day during said time thereof and shall not depart said court without leave thereof, and shall testify as such witnesses [?] then this recognizance shall be void as to each of the above and after complying with the conditions hereof, otherwise to be and remain in full force and effect.
Witness our hands this 23rd day of June 1880. Charles H. Phillip [?] [?]
The above Recognizance and cause taken were acknowledged before me this 23rd day of June 1880. James Kelly, Justice of the Peace.
I hereby testify the above and foregoing to be the original Recognizance and Cause executed and approved by me the 23rd day of June 1880. James Kelly, Justice of the Peace.
Be it remembered that on this 23rd day of June A. D. 1880 before me, James Kelly, Esq., a Justice of the Peace of the city of Winfield, Cowley County, Kansas, personally appeared Thomas Hills, who acknowledged himself to owe and be indebted to the state of Kansas in the sum of Two Hundred Dollars to be levied of his goods and chattels and lands and tenements if default be made in condition following to-wit.
The condition of this recognizance is such that the above bounder Thomas Hills shall personally be and appear before the District court of the county of Cowley in the state of Kansas, on the first day of the next term thereof, then and there to testify as witness on behalf of the state of Kansas on the trial of an Information then to be filed in said Court by the county attorney of said county charging that John P. Baden and Edward Goodrich at and in the county of Cowley in the state of Kansas on the 22nd day of June A. D. 1880 unlawfully, feloniously, and with malice aforethought did assault and beat on James F. Miller, and did then and there unlawfully, feloniously, and with malice aforethought, bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent then and there unlawfully, feloniously, and with malice aforethought - him, the said James F. Miller, to maim and disfigure, and shall so continue to be and appear before said District court from day to day during said term and shall not depart said court without leave thereof and shall testify as such witness until this recognizance shall be void, otherwise to be and remain in full force and effect.
Witness my hand this 23rd day of June A. D. 1880. Thomas Hills [His mark.]
The foregoing Recognizance taken and verified [?] before me this 23 day of June 1880.
James Kelly, Justice of the Peace.
State of Kansas vs. Edward Goodrich and John P. Baden
Recognizance of Thomas Hills
Filed June 23, 1880.
James Kelly, Justice of the Peace
Filed June 27, 1880.
E. S. Bedilion, Clk.
173
No. 167 - No. 211
State of Kansas vs. Edward Goodrich
Bond and recognizance of Goodrich
Filed June 23, 1880.
James Kelly, Justice of the Peace
Filed and Recorded June 27, 1880.
E. S. Bedilion, Clk.
To: E. S. Bedilion, Clerk of the District Court.
I hereby certify the above to be the original recognizance executed before and approved by me this 27th day of June 1880 in the above action.
James Kelly, Justice of the Peace.
No. 167
State of Kansas vs. Edward Goodrich and John P. Baden
Bond and Recognizance.
Filed June 23, 1880.
James Kelly, Justice of the Peace.
Filed and Recorded June 29, 1880.
E. S. Bedilion, Clerk.
In the District Court of Cowley County in the state of Kansas.
The State of Kansas Plaintiff
Against
Edward Goodrich and John P. Baden, Defendants.
Information for assault and biting a finger with intent to maim.
In the name, by the authority - and on behalf of the State of Kansas, I, E. S. Torrance, county attorney of the county of Cowley in the state of Kansas come now here and give the court to understand and be informed:
That Edward Goodrich and John P. Baden at and within the county of Cowley in the state of Kansas, on the 22nd day of June A. D. 1880, unlawfully, feloniously, on purpose and with malice aforethought did assault and beat James F. Miller, then and there being, and did there and then unlawfully, feloniously, on purpose, and with malice aforethought bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent then and there, him, the said James F. Miller, unlawfully, feloniously, on purpose, and with malice aforethought to maim and disfigure, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Kansas.
E. S. Torrance, County Attorney
State of Kansas, Cowley County ss.
James F. Miller, of lawful age, being first duly sworn upon his oath deposes and says:
That he has heard read the above and foregoing information in writing and knows the contents thereof and that each all and every of the allegations contained therein are true.
James F. Miller
Subscribed in my presence and sworn to before me this 8 [?] day of August A. D. 1880.
E. S. Bedilion, Clerk Dist. Court.
No. 211
In Cowley County District Court
The State of Kansas V. Edward Goodrich and John P. Baden
Information for assault and biting a finger with intent to maim.
Filed Aug. 25, 1880
E. S. Bedilion, Clk.
E. S. Torrance, Co. Atty.
Witnesses for State.
James F. Miller
Charles Phenix
Thomas H. Hills
Joe Superman
S. E. Davis
L. Knight
E. P. Greer
Levi Wells
W. R. Davis
E. M. Reynolds
No. 222
Cowley County District Court, 13th Judicial District, State of Kan.
The State of Kansas
vs.
John P. Baden and Edward Goodrich
Recognizance of Baden.
Filed this 26 day of Aug. A. D. 1880, and duly recorded in the Recognizance Docket, on page 188. E. S. Bedilion, Clerk District Court.
State of Kansas, Cowley County, ss.
In the District Court of the 13th Judicial District of the State of Kansas, sitting in and for the County of Cowley in said State of Kansas, of the August term, A. D. 1880.
Be it Remembered. That on the 26th day of August A. D. 1880, Edward Goodrich, J. P. Baden, D. Sheel, and E. B. Weitzel personally appeared before the District Court of the 13th Judicial District of the State of Kansas, sitting in and for said County of Cowley and jointly and severally acknowledged themselves to owe and be indebted unto the State of Kansas, in the sum of Five Hundred Dollars, to be levied of their respective goods and chattels, lands and tenements, if default be made in the condition following, to wit:
The condition of this recognizance is such, that if the above bounden Edward Goodrich shall personally be and appear before said District Court, on the first day of the term thereof next to be holden in and for the County aforesaid, then and there to answer unto the State of Kansas, to a charge of unlawfully, feloniously, on purpose, and with malice aforethought, assaulting and beating one James F. Miller then and then being, and did then and then unlawfully, feloniously, on purpose did with malice aforethought bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent - him, the said James F. Miller, to maim and disfigure pending against him in said Court, and shall continue so to be and appear before said Court from day to day, and abide the judgment and sentence of said Court, and not depart the Court without leave thereof, then this recognizance to be void; otherwise to remain in full force and virtue in law.
Edward Goodrich
J. P. Baden
D. Sheel
E. B. Weitzel
Taken, subscribed and acknowledged in open Court, and sureties approved, the ay and year first above written. W. P. Campbell, Judge.
E. S. Bedilion, Clerk of said District Court.
State of Kansas, Cowley County, ss.
Personally appeared, before the District Court of the 13th Judicial District of the State of Kansas, in and by said County of Cowley J. P. Baden, D. Sheel, E. B. Weitzel, who being first severally duly sworn, each for himself, deposes and says: That he is a resident of the State of Kansas, and one of the same persons who executed the within recognizance, and that he is worth over and above all his exemptions, debts and liabilities, the amount set opposite his name, as follows:
J. P. Baden $500.00
D. Sheel $500.00
E. B. Weitzel $500.00
Signatures given: J. P. Baden, D. Sheel, E. B. Weitzel
Subscribed and sworn to before me, in open court, this 27th day of August, A. D. 1880.
E. S. Bedilion, Clk.
No. 211 [?]
Cowley County District Court, 13th Judicial District, State of Kan.
The State of Kansas
vs.
John P. Baden and Edward Goodrich
Recognizance of Goodrich
Filed this 27 day of Aug. A. C. 1880, and duly recorded in the Recognizance Docket, on page 189. E. S. Bedilion, Clerk District Court.
In Justices Court before James Kelly, a Justice of the peace of the City of Winfield, Cowley County, Kansas.
The State of Kansas, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
Recognizance.
Be it remembered that on this 14th day of August A. D. 1880, before me the above named justice of the peace personally appeared the above named defendants, Edward Goodrich, as principal, and B. B. Weitzel, Daniel Sheel, and J. B. Goodrich, and J. P. Baden, as his sureties and jointly and severally acknowledge themselves to owe and be indebted to the State of Kansas in the sum of Five Hundred Dollars to be levied on their respective goods and chattels if default to be made in the conditions following, to wit:
The conditions of this recognizance are such that whereas the above, , Edward Goodrich and John P. Baden, were dully arrested on the 22ndday of June 1880 and brought before the undersigned for an examination on the 23rd day of June 1880 upon the charge of unlawfully and feloniously and with malice aforethought, assaulting and beating once James F. Miller, and then and there unlawfully and feloniously and with malice aforethought, biting and disabling the third finger of the right hand of him, the said James F. Miller, with the intent then and there unlawfully, feloniously, and of malice aforethought, him, the said James F. Miller, to maim and disfigure at and within the County of Cowley and State aforesaid on the 22nd day of June 1880.
And whereas said defendants duly waived an examination for such charge and said Justice Said defendant, Edward Goodrich, to enter into a recognizance with sufficient sureties to the State of Kansas in the sum of Five Hundred Dollars,
Now therefore if the above Edward Goodrich, , shall be and appear before the District Court of the County of Cowley, State of Kansas, on the fifth [?] day of the next thereof, then and there to answer to all [?] information then to be filed in said Court by the County Attorney of said County charging said defendants with the commission of said offense and shall so continue to be and appear before said Court from day to day during said term thereof and shall not default said Court without leave thereof and shall abide the judgment of said Court, then this recognizance shall be void otherwise to be and remain in full force and effect.
Witness our hands this 14th day of August 1880.
$ Edward Goodrich
$500.00 Daniel Sheel
$500.00 J. B. Goodrich
$10,000 J. P. Baden
$500.00 E. B. Weitzel
State of Kansas, County of Cowley, SS
E. B. Weitzel, Daniel Sheel, and J. B. Goodrich, being first duly sworn, each for himself, deposes and says that he is worth over and above his debts, liabilities, and legal exemptions, the amount set opposite his name. Subscribed hereto. James Kelly, Justice of the Peace.
The above foregoing recognizance taken in my presence and acknowledged before me and sureties thereon approved by order, this 14th day of August, 1880.
A. T. Shenneman, Sheriff, Cowley County, Kansas.
Sheriff’s fees for approving Bond: 50¢, 50¢, $1.
State of Kansas. J. P. Baden. Recognizance. Filed and Recorded August 16th [?] 1880.
E. S. Bedilion, Clerk.
State of Kansas, Cowley County, SS
In the District Court of the 13th Judicial District of the State of Kansas, sitting in and for the County of Cowley, in said State of Kansas, of the August term, A. D. 1880.
Be it Remembered, That on the 26th day of August A. D. 1880 John P. Baden, Frank Williams, and W. C. Robinson personally appeared before the District Court of the 13th Judicial District of the State of Kansas, sitting in and for said County of Cowley, and jointly and severally acknowledged themselves to owe and be indebted unto the State of Kansas, in the sum of One Thousand Dollars, to be levied of their respective goods and chattels, lands and tenements, if default be made in the condition following, to wit:
The condition of this recognizance is such, that if the above bounden John P. Baden shall personally be and appear before said District Court, on the first day of the term thereof next to be holden in and for the County aforesaid, then and there to answer unto the State of Kansas, to a charge of unlawfully, feloniously, on purpose, and with malice aforethought, assaulting and beating one James F. Miller then and there being, and did then and there unlawfully, feloniously, on purpose, and with malice aforethought bite and disable the third finger of the right hand of him, the said James F. Miller, with the intent to harm the said James F. Miller, to maim and disfigure, pending against him in said Court and shall continue so to be and appear before said Court from day to day, and abide the judgment and sentence of said Court, and not depart the Court without leave thereof, then this recognizance to be void; otherwise to remain in full force and virtue in law.
J. P. Baden
W. C. Robinson
Frank Williams
Taken, subscribed and acknowledged in open Court, and sureties approved, the day and year first above written. W. P. Campbell, Judge.
E. S. Bedilion, Clerk of said District Court.
Be it remembered that on this 22nd day of June A. D. 1880 before me, James Kelly, Esq., a Justice of the Peace of the City of Winfield, Cowley County, Kansas, personally appeared James F. Miller, Charles Phenix, Joe Superman, S. E. Davis, L. Knight, E. P. Greer, Levi Wells, and W. R. Davis, and severally acknowledged themselves each to owe and are indebted to the state of Kansas in the sum of Two Hundred Dollars, to be levied of their respective goods and chattels and lands and tenements if default be made in the conditions following, to wit: The condition of this recognizance is such that if the above bounden shall each personally be and appear before the district court of the county of Cowley in the state of Kansas on the first day of the next term thereof then and there to testify as witnesses on behalf of the state of Kansas in the trial of an information therein to be filed in said court by the county attorney of said county charging that John P. Baden and Edward Goodrich at and within the county of Cowley in the state of Kansas on the 22nd day of June A. D. 1880, unlawfully and feloniously and with malice aforethought biting and disabling the third finger of the right hand of him, the said James F. Miller, with the intent then and there unlawfully, feloniously, and of malice aforethought him, the said James F. Miller, to maim and disfigure at and within the County of Cowley and State of Kansas on the 22nd day of June A. D. 1880, and whereas said defendants duly waived an examination upon such charge and said justice organized [?] said defendant Edward Goodrich to enter into a recognizance with sufficient sureties to the State of Kansas in the Session of Five hundred dollars, Now therefore, if the above bounden Edward Goodrich shall personally be and appear before the District Court of the County of Cowley State of Kansas on the first day of the next term there and then and there to answer to an information there to be filed in said Court by the County Attorney of said County charging said defendant with the commission of said offense and shall so continue to be and appear before said Court from day to day during said term thereof and shall not depart said court without leave thereof, and shall abide the judgment of said court, then this recognizance shall be void, otherwise to be and remain in full force and effect.
Witness our hands this 23rd day of June 1880.
John P. Baden
A. T. Spotswood
Frank Williams
H. Jochems
The above and foregoing recognizance taken and acknowledged before me and Sureties thereon approved by me this 23rd day of June 1880. James Kelly, Justice of the Peace.
E. S. Bedilion, Clerk of the District Court.
I hereby certify the above to be the original Recognizance executed before and approved by me this 23rd day of June 1880. James Kelly, Justice of the Peace.
Subpoena for Defendant
For Dec. Term, A. D. 1880. State vs. Baden. Issued Nov. 29, 1880. Returnable Dec. 6, 1880.
FIRST LINE ILLEGIBLE...
Sheriff’s Fees.
Service Fees for each 4 $2.00 + 20
Mileage $1.80
Total: $4.00
Sheriff’s Return.
Served the same on T. H. Soward, James Kelly, and Fred Ballein by reading on the 27th day of Nov. 1880, on Chas. Phenix and Columbus Brown Nov. 30, 1880, by copy on J. B. Goodrich, also Dec. 4, and on Edward Seifert Dec. 7, 1880, Milton M. Harvey, John P. Risley, W. T. Arnaud, and F. A. Cleveland not found in my county. A. T. Shenneman, Sheriff.
SUBPOENA.
State of Kansas, Cowley County, ss.
On behalf of Defendant
The State of Kansas, To T. H. Soward, Chas. Phenix, Columbus Brown, J. B. Goodrich, Edward Seifert, Fred Ballein, James Kelly, Milton M. Harvey, John P. Risley, W. T. Arnaud, F. A. Cleveland.
Greeting: YOU ARE HEREBY COMMANDED to be and personally appear before the Judge of our District Court in and for said County and State on the 1 day of our next Dec. Term, 1880, to be begun and holden on and from the 6th day of December 1880, in the City of Winfield, then and there to testify in a certain matter now pending and undetermined in our said Court, wherein State of Kansas, Plaintiff, and John P. Baden et al, Defendant, on the part and behalf of the Defendant. Hereof fail not under penalty of the law.
Witness my hand and Seal of the District Court, at my office in the City of Winfield this 29th day of November A. D. 1880. E. S. Bedilion, Clerk.
[New Data]
November 25, 1880
SUBPOENA.
State of Kansas, Cowley County, ss.
On behalf of Plaintiff.
The State of Kansas, To Charles Phenix, Thos. H. Hills, Joe Superman, S. E. Davis, L. Knight, E. P. Greer, Levi Wells, W. R. Davis, E. M. Reynolds, Dr. Mendenhall, Dr. Emerson, S. H. Sparks, Greeting:
YOU ARE HEREBY COMMANDED To be and personally appear before the Judge of our District Court in and for said County and State, on the 5 day of our next Dec. Term, 1880, to be begun and holden on and from the 6 day of Dec. 1880, in the City of Winfield, then and there to testify in a certain matter now pending and undetermined in our said Court, wherein James F. Miller is Plaintiff, and John P. Baden, Defendant, on the part and behalf of the Plaintiff. Hereof fail not under penalty of the law.
Witness my hand and Seal of the District Court, at my office in the City of Winfield this 25 day of Nov. A. D. 1880. E. S. Bedilion, Clerk.
SUBPOENA.
State of Kansas, Cowley County, ss.
On behalf of Defendant.
The State of Kansas, To T. H. Soward, Chas. Phenix, Columbus Brown, J. B. Goodrich, Edward Seifert, Fred Ballein, James Kelly, Milton M. Harvey, John P. Risley, W. T. Arnaud, F. A. Cleveland, Greeting:
YOU ARE HEREBY COMMANDED To be and personally appear before the Judge of our District Court in and for said County and State, on the 5thday of our next Dec. Term, 1880, to be begun and holden on and from the 6th day of Dec.
[REST OF ABOVE SUBPOENA NOT GIVEN.]
Subpoena for Defendant.
For Dec. Term, A. D., 1880.
Miller vs. Baden
Issued Nov. 29, 1880.
Returnable Dec. 10, 1880.
[Names almost impossible to make out]. Appears to show William M. [Hanson?], John P. Rilsey (not Riley or Risley), W. T. Arnaud, and F. A. [not P. A.] Cleveland [rest of this statement does not make sense].
Sheriff’s Return.
Served the same on T. H. Soward Nov. 29, 1880, on Chas. Phenix, and Columbus Brown Nov. 30, 1880, on Fred Ballein Nov. 29, 1880, on J. B. Goodrich Dec, 4, 1880, on Edward Seifert Dec. 1, 1880, on James Kelly Nov. 29, 1880.
Service $2.00
Not found 4 $.20
Mileage $1.80
Total: $3.00
A. T. Shenneman, Sheriff.
Subpoena for Plaintiff.
For Dec. Term, A. D. 1880
Miller vs. Baden
Issued Nov. 24, 1880.
Returnable Dec. 10, 1880.
Fees
Service 10 persons $2.75
Persons not found $.10
Mileage 16 miles $1.60
Total $4.45
Sheriff’s Return.
Served the same on Chas. Phenix and E. M. Reynolds by reaching [?] on the 25 day of Nov. 1880, on S. E. Davis, W. R. Davis, Dr. Emerson, and Dr. Mendenhall Nov. 27, 1880, by reaching [?] S. H. Sparks on the 29th day of November 1880, by mailing on E. P. Greer, by reaching on the 30th day of November 1880 on Knight, by reaching on the 1st day of Dec. 1880 on Tom Hill, by reaching on Dec. 2nd Dr. Mendenhall .... trails off into illegible writing.
A. T. Shenneman, Sheriff.
Reference below re Thos. H. Hills and Joseph Superman not found in my county. Signed A. T. Shenneman.
District Court Cowley County State of Kansas
Stipulation.
James F. Miller Plaintiff
VS
J. P. Baden and Edward Goodrich, Defendant.
It is hereby stipulated and agreed by and between the plaintiff and the defendants that this action shall be dismissed by the plaintiff at his costs with prejudice to a future [?] action in consideration of all of which the defendants and each of them agree to and they hereby release unto the plaintiff all claims for damages against him or his bondsmen herein, by reason of any damages which they or either of them may have sustained by reason of the issuance and levy of an order of attachment dismiss [?], and they [with?] this agree in consideration of such dismissal today the plaintiff the sum of Two hundred and fifty Dollars, which is accordingly done the receipt whereof is hereby acknowledged.
Hackney & McDonald, Attys for Plaintiff
J. P. Baden
Edward Goodrich
Miller & Baden
Stipulation
Filed Dec. 9, 1880
E. S. Bedilion, Clk.
1357
James F. Miller vs John P. Baden et al
Praecipe for Summons
Filed June 23/1880
E. S. Bedilion, Clk.
[Next line indecipherable. Looks like “Hackney & McDonald settup for Plaintiff”]
Praecipe for Summons
State of Kansas, Cowley County, ss.
In the District Court of said County.
James F. Miller, Plaintiff
Vs
John P. Baden and Edward Goodrich, Defendants.
The Clerk will issue Summons on the above entitled cause for the said defendants, John P. Baden and Edward Goodrich, directed to the Sheriff of the County of Cowley, returnable according to law.
Hackney & McDonald, Attys for Plaintiff
[Next item has nothing but names followed by date?]
Charles Phenix [or Phoenix]?
Thos H Hills
Joe Suprans [Superman?]
S. E. Davis
L. Knight
E. P. Greer
Levi Wells
W. R. Davis
E. M. Reynolds
Dr. Mendenhall
Dr. Emerson [looks more like Emmerson?]
S. H. Sparks
10th
Separate Answer of John P. Baden
State of Kansas, County of Cowley, ss.
In the District Court of said County
James F. Miller, Plaintiff vs. John P. Baden and Edward Goodrich, Defendants
Now comes the defendant John P. Baden and for separate answer to plaintiffs petition in the above entitled cause denies each and every allegation therein contained.
Wherefore defendant demands judgment for costs.
Pyburn & Brush, Attys for Defendants
Separate Answer of Edward Goodrich
State of Kansas, County of Cowley, ss.
In the District Court of said County
James F. Miller, Plaintiff vs. John P. Baden and Edward Goodrich, Defendants
Now comes the defendant Edward Goodrich and for separate answer to plaintiff petition in the above entitled cause, denies each and every allegation therein contained.
Wherefore defendant demands judgment for costs.
Pyburn & Brush, Attys for Defendant
Separate Answer of Goodrich
No. 1352
James F. Miller vs. John P. Baden et al
FILED JUL 23 1880 E. S. Bedilion, CLERK.
[SOMETHING WAS DELETED ON THIS FORM.]
Pyburn & Brush Attys for Defns.
BOND FOR COSTS.
In the District Court of Cowley County, Kansas.
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
I hereby undertake and bind myself to pay all costs that may accrue in said action, in case plaintiff shall be adjudged to pay them. In case the same cannot be collected from the defendants, if judgment be obtained against them, then the plaintiff will pay all the costs made in the above entitled cause.
Approved by me this 23d day of June 1880. George M. Miller
E. S. Bedilion, Clerk.
PRECIPE FOR SUBPOENA.
James F. Miller, Plaintiff, VERSUS J. P. Baden and Edward Goodrich, Defendant,
In the District Court of Cowley County, 13th Judicial District, State of Kansas.
The Clerk of said Court will issue Subpoena in this action for T. H. Soward, Chas. Phoenix, Columbus Brown, J. B. Goodrich, Edward Seifert, Fred [almost looks like “Ford”] Ballein, James Kelly, Milton M. Harvey, John P. Riley, H. T. Arnaud to appear and testify herein as witnesses on the part of two defendants returnable on the day of 187
Pyburn & Brush, Attorneys for Defendants
No. 1352
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendant
Bond for Costs.
$
Filed June 26, 1880
E. S. Bedilion, Clerk.
STATE OF KANSAS, COWLEY COUNTY, ss:
George M. Miller being by me duly sworn on oath do say that he is worth over and above all debts, liabilities and exemptions, the sum of $100---- each for himself, and that he is a resident of said county. [Signed] George M. Miller
Subscribed and sworn to before me this 23d day of June 1880. E. S. Bedilion, Clk.
Separate Answer of Edward Goodrich
State of Kansas, County of Cowley, ss
In the District Court of said County
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendant.
Now comes the defendant, Edward Goodrich, and for separate answer to plaintiffs petition in the above entitled cause, denies each and every allegation therein contained.
Wherefor defendant demands judgment for costs.
Pyburn & Brush, Attys for Defendant
James F. Miller vs. John P. Baden et al
Separate Answer of Ballein
FILED JUL 25 1880
E. S. Bedilion, CLERK.
[NOTE: NEXT LINE OR TWO BLANKED OUT.]
Pyburn & Brush, Attys for Defen.
PRECIPE FOR SUBPOENA.
No.
District Court, Cowley Co. Kas.
To Term, 187
James F. Miller, Plaintiff
J. P. Baden and Edward Goodrich, Defendant
Precipe for Subpoena on the part of Defendants
Filed 187
STATE OF KANSAS, Cowley County
IN THE DISTRICT COURT FOR SAID COUNTY.
ATTACHMENT AFFIDAVIT.
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants
STATE OF KANSAS, Cowley County, ss:
James F. Miller, being duly sworn, says:
That he is the Plaintiff in the above entitled action: That said Plaintiff has commenced said action against the Defendants John P. Baden and Edward Goodrich for the recovery of Two thousand DOLLARS.
That said Defendants are indebted to said Plaintiff in said sum for damages, on account of personal injuries sustained by him by reason of having been wrongfully, unlawfully, and maliciously assaulted and beat, bruised, maimed, and disfigured by the said defendants at the County of Cowley, State of Kansas, on the 22nd day of June A. D. 1880.
That said claim is just and due, and is wholly unpaid: That said affiant believes that said Plaintiff ought to recover of said Defendants said sum of Two thousand DOLLARS.
James F. Miller
SUBSCRIBED AND SWORN TO before me, this 23 day of June A. D. 1880.
E. S. Bedilion, Clerk District Court.
No. 1352
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants
ATTACHMENT AFFIDAVIT.
Filed this 23 day of June 1880. E. S. Bedilion, Clerk of the Dist. Court.
H & McD, Plaintiff’s Attorney.
BOND FOR ATTACHMENT.
IN THE DISTRICT COURT, IN AND FOR THE COUNTY OF Cowley, STATE OF KANSAS.
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
WHEREAS, James F. Miller has commenced a civil action against John P. Baden and Edward Goodrich in the District Court within and for the County of Cowley in said state, to recover the sum of Two thousand Dollars, and, whereas the said James F. Miller has duly filed with the Clerk of said Court the necessary affidavit for an order of attachment, and has applied for an order of attachment to be issued in the said action against the said John P. Baden and Edward Goodrich,
NOW, THEREFORE, we, Benjamin F. Cox, George M. Miller, William R. Davis, and Thomas R. Bryan, hereby undertake to the said John P. Baden and Edward Goodrich in the sum of Four thousand Dollars that the said James F. Miller shall pay the said John P. Baden and Edward Goodrich all damages which they or either of them may sustain by reason of the attachment if this order be wrongfully obtained.
Dated this 23rd day of June 1880.
Benjamin F. Cox
George M. Miller
William R. Davis
T. R. Bryan
I, E. S. Bedilion, Clerk of said County, do approve of the above undertaking and the sureties thereto. [Signed] E. S. Bedilion, CLERK.
Affidavit of Sureties.
STATE OF KANSAS, Cowley County, ss.
Benjamin F. Cox, Surety on the above bond, being first duly sworn on his oath, says that he resides in Cowley County, State of Kansas, and that he is worth Twenty five hundred Dollars, over and above all his just debts, exemptions and liabilities. And George M. Miller, Surety on the above bond, being also first duly sworn, on his oath, says that he resides in Cowley County, State of Kansas, that he is worth One thousand Dollars, over and above all his just debts, exemptions and liabilities, And William R. Davis, Surety on the above bond, being also first duly sworn on his oath, says that he resides in Cowley County, State of Kansas, and he is worth Two thousand Dollars over and above all his just debts, exemptions and liabilities.
Benjamin F. Cox
George M. Miller
William R. Davis
Subscribed in my presence and sworn to before me this 23 day of June 1880
E S Bedilion, Clerk.
State of Kansas, Cowley County, ss.
Thomas R. Bryan being duly sworn upon his oath doth, that he is surety on the within Bond and a resident of the County of Cowley State of Kansas and that he is worth the sum of $2500.00 over and above all his debts, exemptions and liabilities. [Signed] T. R. Bryan
Subscribed and sworn to before me on this 23rd day of June A.D. 1880. E. S. Bedilion, Clerk.
No. 1352
In the District Court in and for the County of Cowley
STATE OF KANSAS:
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
Bond in Attachment.
Filed June 23, 1880
E. S. Bedilion, Clk
No. 1352
James F. Miller vs. John P. Baden, et al
Petition.
Filed June 23, 1880
E. S. Bedilion, Clk.
[Line or Lines blanked out.]
Hackney & McDonald, Attys for Plaintiff.
ORDER OF ATTACHMENT.
In the District Court FOR THE County of Cowley, STATE OF KANSAS.
August Term, 1880
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
STATE OF KANSAS, Cowley County, ss.
THE STATE OF KANSAS to A. T. Shenneman, Sheriff of Cowley County, Greeting:
You are commanded to attach the lands, tenements, goods, chattels, stocks, rights, credits, moneys and effects of the above named defendants, in this County, not exempt by law from being applied to the payment of the above named plaintiff’s claim of Two thousand ($2,000.00) DOLLARS, or so much thereof as will satisfy said plaintiff’s claim and Fifty ($50.00) DOLLARS, the probable costs of the above entitled action. And return this writ on the 3d day of July 1880.
WITNESS my hand and the seal of said Court, at my office in Winfield in said County, this 23d day of June 1880.
E. S. Bedilion, Clerk.
Received this writ this 23rd day of June 1880. Executed the same by going to the place where the following property of the within named defendant was found, to-wit: A certain stock of goods and general merchandise kept in a building known as the Bahntge building situated at the south west corner of Main Street and Tenth Avenue in the city of Winfield Cowley Co Kansas, and in the presence of [noo?] credible persons of said county of Cowley and declared that by virtue of said order, I attached said property at the suit of the within named plaintiff, James F. Miller, on the 23rd day of June 1880, and on the 24th day of June 1880 I restored the said stock of goods to the said defendant, John P. Baden, by reason of a certain bond to discharge attachment executed by John P. Baden as principal and Henry Baden, R. Ehret, F. Nommsen as sureties.
A. T. Shenneman Sheriff By R. B. Pratt Deputy
Petition.
State of Kansas, Cowley County, ss.
In the District Court of Said County
James F. Miller, Plaintiff, vs. John P. Baden and Edward Goodrich, Defendants.
The plaintiff states that on the 22nd day of June A. D. 1880, at the County of Cowley, State of Kansas, the said defendants, John P. Baden and Edward Goodrich, did with force and arms and wrongfully, unlawfully and maliciously assault, beat and grievously wound the plaintiff by then and there striking him the said plaintiff in the face and on and over the eyes, nose, mouth, shanks and head, with great force and thereby felling him to the earth with great force and then and there biting, kicking and grievously bruising the plaintiff after so felling him as aforesaid.
That by means and reason of the injuries aforesaid, so inflicted upon him by the defendants as aforesaid, the plaintiff became and was greatly disfigured, and suffered and still suffers great mental and physical pain, and fear for his safety in the future, and was put to great expense in and about the employment of physicians and surgeons to heal and cure him of his aforesaid injuries.
And the plaintiff avers that by reason of the wrongs and injuries aforesaid so inflicted upon him by the defendants as aforesaid, he has been damaged in the full sum of Five Thousand Dollars.
Therefore the plaintiff demands Judgment against the said defendants for the sum of Five Thousand Dollars and the costs of this action.
Hackney & McDonald, Attorneys for Plaintiff
No. 13521
Order of Attachment,
DISTRICT COURT.
James F. Miller vs. John P. Baden and Edward Goodrich
Issued June 23d 1880
Returnable July 3 1880
Filed this 28 day of June 1880
E. S. Bedilion, Clerk.
SHERIFF’S FEES.
Serving Order. $.50
Approving and Returning...Undertakings. $.50
1 copy. $.25
Total: $1.25
R. B. Pratt Deputy
SUMMONS
United States of America.
STATE OF KANSAS, THIRTEENTH JUDICIAL DISTRICT. COWLEY COUNTY. SS.
THE STATE OF KANSAS, TO THE SHERIFF OF COWLEY COUNTY IN SAID STATE, GREETING:
You are hereby commanded to notify John P. Baden and Edward Goodrich that they have been sued by James F. Miller in the District Court sitting in and for said County of Cowley, and that unless they answer by the 23d day of July A. D. 1880, the petition of the said James F. Miller against them filed in the Clerk’s office of said Court, such petition will be taken as true, and judgment rendered accordingly.
You will make due return of this Summons, on the 3d day of July A. D. 1880.
WITNESS MY HAND, and the seal of said Court, affixed at my office in Winfield this the 23d day of June A. D. 1880.
E. S. Bedilion, Clerk
(ORIGINAL.)
SUMMONS.
Page 335 D No. 1352
DISTRICT COURT.
Cowley County, Kansas.
James F. Miller vs. John P. Baden etal
Issued June 20 1880
Returnable July 3 1880
Answer due July 23 1880
Filed June 28 1880
E. S. Bedilion, Clerk.
Hackney & McD. Plaintiff’s Att’y.
I hereby certify the within to be a true copy of the original summons.
. Sheriff.
Received this summons this 20 day of June A. D. 1880 at 8 o’clock, P. M., and served the same by [next two or three lines were crossed out] on the 23rd day of June 1880, by deliver [?] being a true copy thereof unto the hands of each of the within named defendants John P. Baden and Edward Goodrich.
Fees. Service $.75. Return $.25. Copies $.50. Total $1.50
A. T. Shenneman, Sheriff of Cowley County.
By R. B. Pratt, Deputy.
BOND TO DISCHARGE ATTACHMENT.
State of Kansas, County of Cowley, ss.
In the District Court of said Cowley County
James F. Miller Plaintiff vs John P. Baden and Edward Goodrich Defendants
We, John P. Baden, as principal, Henry Baden, R. Ehret, F. Nommsen as sureties
[next five words? - looks something like “and held and firmly bound”] unto James F. Miller, his executors, administrators, and assignees in the final sums of Four Thousand Dollars, to that payment of which we find ourselves his executors and administrators [?fairly?] by these presents.
The condition of this obligation is such that when as the said James F. Miller did on the 23d day of June 1880 begin an action for damages against the above named defendants in the district Court of Cowley County in the state of Kansas, in which said action the plaintiff Miller claims judgment for Two Thousand dollars and whereas, the Clerk of said Court did, on the said 23rd day of June 1880 issue an order of attachment directed to the Sheriff of said Cowley County commanding him, the said sheriff, to attach the lands, tenements, goods, chattels, stocks, rights and its moneys and effects of the defendants in so much thereof as will satisfy the plaintiffs claim of Two Thousand Dollars and Fifty Dollars the possible costs of said action and whereas the said Sheriff of said Cowley County in obedience to the command of said order of attachment did on the said 23d day of June 1880 levy upon and seize as the property of the defendant, John P. Baden, a certain stock of goods, and of the value of Ten Thousand dollars general merchandise kept in a building known as the Bahntge block situated at the south west corner of Main Street and Tenth Avenue in the City of Winfield in the County of Cowley and State of Kansas.
Now, therefore if the said defendant, John P. Baden, shall well and truly transform and pay any judgment that may be ordered against him by reason of said suit and attachment by the said district, Court of said Cowley County, then this obligation shall be void otherwise to remain in full force and effect.
In witness whereof we have hereunto set our hands this 24 day of June 1880.
John P Baden
Henry Baden
R. Ehret
F. C. Nommsen
The above undertaking was executed in my presence on the 24th day of June A. D. 1880 while the therein referred to order of attachment was in my hands, and I on said day approved and accepted said bond; and restored to the defendant John P. Baden, property levied upon under and by virtue of said order of attachment.
A. T. Shenneman, Sheriff of Cowley County, By R. B. Pratt, Deputy.
[Not certain about Value of goods. Appeared to read “Ten” Thousand dollars. MAW]
Comment: I always thought the name was “Nomnsen” and showed this consistently in newspaper items. This reflects that F. C. Nommsen is really correct. At this point in time I am not going to change newspaper files.
No. 1352
James F. Miller vs. John P. Baden and Edward Goodrich
Bond to discharge Attachment.
Filed June 28, 1880
E. S. Bedilion, Clk.
[Bill, am positive I made mistakes. Very hard to read different handwritten scrawls. MAW 8/15/2000]
