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Archive for the ‘Walker’ Category

Scales of Justice

George Angus Barclay was shot and killed on October 29, 1898 and the trial regarding the murder did not happen until a year and half later, taking place on May 7 and going through till the 16th of 1900!

There aren’t any documents between the release of Andy Hayford in December 1899 until the 4th of May 1900 when Bebo requests that he be granted counsel for the charge of Murder in the 1st degree.  He had no money and had been incarcerated for quite some time.  A. H. Hall was assigned his defense attorney by the court.

Hall filed a three page  brief in it where he complains that the Sheriff created 2 jury panels and interviewed people.  The clerk was supposed to create the juries.  He said that the handwriting was not the clerk’s.  He went on to say that the Sheriff would erase a name if he didn’t like what the potential juror said.  Hall stated that at the beginning of the year a jury pool is created and there are plenty of people, therefore the Sheriff didn’t need to get a jury together.

As far as I can tell there are no documents or maybe one or two that survived from the trial.  There is a Director Examination of  J. Deperrold and a testimony of Ed Mahon but I cannot be sure they are from the trial.  It does read on Mahon’s papers called as witness on the part of the State, being duly sworn…no dates are on these documents.   These documents are done in a question and answer style which makes me think they are part of the trial.  There is a handwritten document about various testimonies which is extremely hard to read but it may be another of Hall’s writings.  There is a platte map of Pine River that was used probably in the inquest, grand jury proceedings and trial.  It has historical significance for Pine River because it shows where the buildings were.  It was used to show how long it would take to get from one building to another.

I think that the newspaper pretty much sums up the trial and what happened.  Can you imagine sitting in the courtroom and watching this event unfold.

Murder Trial Events 1900

Murder Trial Events 1900

The Cass County Paper, Front Page, Vol. 7, No. 18.

Murder Trial – Bebo Found Not Guilty

“When the trial of Louis Bebo for the murder of Geo. A. Barclay was called on Monday the 7th day of May speculation as to the outcome ran high.  To accommodate the crowd, the court was held in the Opera House and that was crowded in spite of the intense heat.  The case was opened by the State’s Attorney Hon. B.F. Hartshorn abely assisted by Hon. C.C. McCarthy, of Grand Rapids, while the defense was conducted by G. W. Hall, of Minneapolis.  The evidence adduced against the accused was very pointed and abely presented  but was met in a masterly manner by overwhelming evidence.  The jury was drawn with great care, over 150 men being called before twelve men could be found suitable to act.  The case went to the jury on Tuesday, the 15th day of May at five o’clock p.m. and  the jury remained out all night and until 11:30 a.m. of the following day when they bought in a verdict of not guilty.  

There is a pathetic side to this case that is very touching and sounds like a dime novel yarn.  When Geo. A. Barclay was shot down by some dastardly coward a year ago last fall Bebo was suspected of the crime and close watch was placed on him which resulted later in his arrest and a hearing before Justice Sundberg where he as acquitted for lack of evidence.  Later on more evidence was found that seemed to prove his guilt and he was indicted by the grand jury a year ago.  Since that time he has been in close confinement in the county jail of Hennepin county and during this time two of his children have died and he was kept in total ignorance of the fact until he was brought here and placed on trial for his life.  A brother of Bebo was here to attend the trial and had manfully supported the prisoner broke down and wept like a child when the words “Not Guilty” fell from the lips of the judge.  

He was taken in toe by his attorney, shaved, wined and dined and started south the next morning in company with his wife and brother.  A great mistake has been made and no one realizes this more than do the officers of the law who were led by the combination of circumstances to believe in the guilt of the accused.  In fact we have heard Sheriff Hardy remark that as badly has he deplored the error, such had been the circumstances surrounding the case that if ever he was again placed in the same position he would be compelled to act just as he done on in this case.  The county attorney has been hard-worked during the past three weeks but has met half way every emergency. One, instance of his untiring zeal in behalf of the state was made manifest last Tuesday when he represented the state in the case against Geo. Franklin before Justice of Peace A.A. Oliver.  This case was called in the evening and lasted several hours, being a jury trial, yes we owe Hon. B.F. Hartshorn a vote of thanks.”

You can see Mr. Hartshorn’s tombstone and a brief biography of him at Find A Grave.  He is buried in the Motley Public Cemetery in Todd County, Minnesota.

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=37482142

“Verdict of Not Guilty, Given in the Case of Louise Bebo at Walker,”

St. Paul. May 16, a special from Walker, Minn. says; The Trial of Louise Bebo for the murder of George A. Barclay at Pine River on Oct. 29, 1898, is ended after occupying the time of the court for over eight days.  The jury was out all night and until 11:25 this morning, when they returned a verdict of not guilty, and Bebo was given his liberty.  Bebo was arrested about 18 months ago on the same charge and discharged at the preliminary hearing before Justice E. R, Sundberg in this village for lack of evidence.  The matter was taken up again by the grand jury a year ago and an indictment brought in against him.  Since that time he has been in jail.  During his confinement two of his children have died and his homestead at Pine River has been taken possession of by another party.  Bebo is generally believed to be innocent and will return to Pine River and endeavor to regain possession of his homestead. 

Thursday, May 17, 1900, Minneapolis Journal, pg. 10.  Minnesota:

“Walker – The jury returned a verdict finding Bebo not guilty of murdering G.A. Barclay at Pine River, October 29, 1898.  The case was on trial over eight days.

Friday, May 18, 1900, The Brainerd Dispatch.  This was almost the same article from the Duluth newspaper with a little more detail in this account.

“Bebo Acquitted, The Verdict of Not Guilty is in Accord with Public Sentiment,”

“A dispatch from Walker on Wednesday says that the trial of Louis Bebo for the murder of George A. Barclay at Pine River on Oct. 29, 1898, is ended after occupying the time of the court for over eight days.  The jury was sent out at 6:20 on Tuesday evening and remained out all night and until 11:25 Wednesday morning, when they returned with a verdict of not guilty, and Bebo was given his liberty.  Bebo was arrested about eighteen months ago on the same charge and discharged at the preliminary hearing before Justice E.R. Sundberg for lack of evidence.  The matter was taken up again by the grand jury a year ago and indictment brought in against him.  Since that time until the opening of court three weeks ago he has been confined in the Hennepin county jail.  During his confinement there two of his children have died and his homestead at Pine River has been taken possession of by another party.  Bebo is generally believed to be innocent and is receiving congratulations on his acquittal from nearly every one in the village.  He will return to Pine River and endeavor to regain possession of his home.”

The news was featured in several other papers Cass Co. Independent Cass Lake Times May 17, 1900 and  the Thursday, May 17, 1900, Duluth News-Tribune (Duluth, MN) pg. 2 issue.

I wonder what my grandmother Grace thought about all this?  She may have been grieving not only for the loss of her father George A. Barclay but for the loss of her first-born child who did not survive.  This would have been George’s grandchild.  It was born and died on the 29th of August 1899 and is buried in an unmarked grave at the Evergreen Cemetery with its grandfather George and its baby uncle George A. Barclay.  There would be more children to come.

What happened to Bebo, well life didn’t treat him to well according to an article in the Cass County Pioneer, Feb. 28, 1902, he was judged insane by the Probate Court at Walker and taken to the asylum in Fergus Falls and later transferred to Hastings Hospital were he spent the rest of his life till 1945 and was buried in Osseo, Minnesota.

This murder took place 114 years ago.  The choices that were made that night of October 29, 1898 are now well beyond any resolution or placement of blame even though murder cases always remain open.  All the individuals there that night or those that may have been involved with the murder are all gone now, they all passed on so re-interviewing them would be impossible.  The Barclay Hotel where the crime took place went up in smoke in 1915. The buildings there are gone and it is a totally different town today. The case file is not complete in my estimation so any review or attempt to try to solve this crime would be pretty difficult.  Still, many questions, many theories of what happened but…

The trial was over, the verdict was brought in and Pine River moved into the new century and as they say life went on.

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Amarilla was appointed the Administrator of her husband George A. Barclay’s estate back in December 1898.  George did not have a will and Amarilla and Grace were his only heirs.  The estate is on file at the Minnesota Historical Society under Cass County Government. As you can see, Amarilla’s name was spelled as “Ammarilla and even spelled “Ammerilla.”

1.  #1065 – Order to Examine Accounts at Walker on August 15, 1899 at 10 a.m. in the Probate office, Cass County, Minnesota.

2. #1065 – Final Decree August 15, 1899 document.

The final decree included Amarilla Barclay and Grace McDonald to receive the land and general merchandise of great grandfather’s estate.

That the said deceased died intestate, and the residue of said estate consists of the following described Real and Personal estate, to-wit:

A ______of general merchandise at Pine River, Mnn. fixtures, furniture and household goods. Notices?, mortgages, open accounts and cash on deposit at First National Bank of Brainerd $655.15 and other miscellaneous articles and personal property.

The NE4 & NW 4; NW 4 NE 4; SE 4 NW 4 and SE 4 SE 4 all in Sec 6, T 137 R 29; the ____SE, Sec 28, T 138 R. 29; Lot 6 Sec 8 F 137, R 29; Lot 7 & SE 4 SW 4 Sec 31, T 138 R 29; NW4 & NW 4 Sec 12 T. 137 R. 30, All in Cass County; and SW 4 NW4, NW, SW__Sec 10, T. 137 R 29 in County of Crow Wing in said state…

that the following named persons are entitled to said estate by law Ammarilla Barclay and Grace A. McDonald. …That said Ammarilla Barclay 1/3 there of an to said Grace A. McDonald 2/3 thereof; and all and irregular of the Real estate and the same in hereby assigned and vested in the said Ammerilla Barclay and Grace McDonald…

the following to-wit: N2 NW 1/4 Sec 6 – 137 -29, the Homestead, to said Ammarilla Barclay during the time of her natural life remainder to Grace McDonald in fee simple, all other land to Ammarilla Barclay an undivided 1/3 interest in fee simple and to Grace A. McDonald an undivided 2/3 interest in fee simple. …McGary Judge of Probate

Seven days later on 22 August, 1899 a deed was registered with the Cass County Register of Deeds, Cass County Courthouse, where  Grace sold back to Amarilla some land  for $1.00.

This indenture made this 22 August 1899 between Grace A. McDonald and Ronald S. McDonald her husband, parties of the first part to Ammarilla Barclay of the county and State of Minnesota, for one dollar to them in hand…page 98, Deed K. 1899. 

The north half of the northwest quarter (N1/2 of NW 4) and the southeast quarter of the Northwest quarter (NE4 and NW4) of Section Six (6) township 137, range twenty nine (29), also lot seven (7) and the southeast quarter of the southwest quaret (SE 4 of SW $) of Section thirty one (31) township one hundred and thirty-eight (138) Range twenty nine (29) togher with all the personal property of whatever nature the land may be now situated and being of said piece or parcels of land for any of said pieces or parcels. Signed by Grace A. McDonald and R.S. McDonald in the presence of A. Picket and Sarah A. Blinn.

County of Cass, 22nd day of August 1897 before me Notary Public – Grace A. McDonald formerly Grace A. Barclay and R.S. McDonald, husb. – free act and deed. J.G. Dawis, Notary Public. Signed by Grace A. McDonald and R.S. McDonald.  Witnesses by a A. Picket and Sarah A. Blinn. 

Very interesting that a J.G. Dawis signs as a notary public, could this be J.G. Dawes?

Another deed appears on the 26th of November, 1899 were Grace and Ronald McDonald sell more land back to Amarilla, Page. 414, Deed P for $2000 dollars.

Grace to Amarilla November 1899 Land

Portion of deed – Grace to Amarilla November 1899 Land

The North half of the North West quarter (N1/2 NW1/4) and the South East quarter of the North West quarter (SE1/4 NW1/4) of section Six (6) Township one hundred and thirty (137) Range Twenty nine (29).  Also Lot seven (7) and the South East quarter of the  South West quarter (SE1/4 SW1/4), of Section Thirty one (31) Township one hundred and thirty eight (1380 Range Twenty nine (29.). This was signed by Grace A. McDonald and R.S. McDonald and witnesses also by A. Pickett and Sarah A. Blinn. 

Grace and Amarilla were now in control of George’s estate and with the Final Decree it was now all in their hands to manage as they pleased.  In about a year to two Grace and Ronald would leave Pine River for Grand Rapids, Minnesota and by 1905 they would be in International Falls, Minnesota. Amarilla could have gone with them but she chose to stay in Pine River and she would continue to do so till her death in 1942. Grace and Amarilla kept in touch over the years for Amarilla was to become a grandmother 6 times over.

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About December of 1899 Andy Hayford was released from custody regarding the murder of George A. Barclay. There is not much information about Andy Hayford, who he was and where he was from.  The 1900 U.S. Census has an Andy Hayford living in Crow Wing Co. who is married with two children born about 1866 in Wisconsin. Whether, this is the same Hayford is unclear, but it is interesting.

Here is a photo of St. Paul about 1908 which is a little later than our subject but it gives you an idea of what the city was like.

St. Paul, Minnesota, Ramsey County about 1908

St. Paul, Minnesota, Ramsey County about 1908

Here is a summary of:  In the Matter of the State of Minnesota vs. Andrew Hayford, Indicted for Murder in the 1st Degree.

That we Andy Hayford as principal and Con O’Brien and J.W. Koop as sureties of the County of Crow Wing – $1000 dollars.  The Condition of the Above Obligation is Such, that is the above bounden Andy Hayford shall personally be and appear before the District Court of the County of Cass 1st day of the term at the Court House in Walker on the 7th of May [1900] to answer to the indictment of the Grand Jury on 9th of May, 1899 etc. Witness Our hands this 29th day of November 1899 and signed by Andy Hayford and others. 

What follows is  from the 15th Judicial District Court, State of Minnesota, County of Cass.

State of Minnesota, Plaintiff vs. Andrew Hayford, defendant

Application having been made to this Court, for an order admitting the defendant Andrew Hayford, alias Andy Hayford, to bail and fixing the amount of bail bond, for defendant’s appearance at the next general terms of District Court to be held at the Village of Walker, Cass County, Minnesota.  Messrs. Jones and Peterson appearing for defendant in support of said application, and after due consideration, an order was made, dated November 25th, 1899, whereby said defendant was admitted to bail on approval of his bond by this Court, said bond for his said appearance being fixed at the sum of One Thousand dollars, with two sureties; and a bond as prescribed by said order having this day been duly approved by this Court and filed with the Clerk of District Court of said Cass County.  IT IS ORDERED, that said defendant, Andrew Hayford alias Andy Hayford be discharged from your custody.  Dated December 1st, 1899. By the Court. [    Holland] Judge. To the Sheriff of Ramsey County, St. Paul, Minn. 

The Sheriff of Ramsey County writes:

State of Minnesota, County of Ramsey, I hereby Certify and return that by Virture of the hereto attached order of the Honorable G. W. Holland Judge of the District Court in and for the County of Cass in the State of Minnesota, I have this day released from Custody Andrew Hayford Alias Andy Hayford.  [J. Noll, Agent] Sheriff of Ramsey County, Minnesota.  Dated at St. Paul this 5th day of December 1899.  

There are no other court documents except these since May 1899 when the Grand Jury convened that explain what happened and why Hayford was released.

I am also puzzled as to why the defendants were in the jail in Ramsey County.  I suppose that Pine River was too small to have a jail and Walker was recently designated the County seat of Cass and maybe had not built a proper jail.  Brainerd probably did have a jail but according to this website from the Crow Wing County Historical Society it was pretty small.  To find the 2nd jail information and a picture you will have to scroll a long time or use your “Find” and the term “City Jail.”

http://www.crowwinghistory.org/buildings.html#CITYJAILSECOND

Photo from http://www.photographium.com/cedar-street-st-paul-minnesota-1908

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George is involved in another round of politics in 1897 regarding the organization of Cass County. Of course George A. Barclay wanted Pine River to be the county seat.  He was too late in organizing the convention to vote on that subject. This notice for a convention to choose a county seat for Cass appeared in the  Cass County Pioneer newspaper in July of 1897 somewhat hidden in back pages.

A convention for choosing a county seat in Cass Co., MN

A convention for choosing a county seat in Cass Co., MN

Notice:  Pursuant to notice duly given calling a non-partisan convention for the county of Cass for the purpose of selecting a location for a county seat to be voted on at a coming special election.  Said convention was called to order by Wm. H. Hallett, who was elected chairman.  A. J. Collins was elected clerk.  After seating the delegates the chairman was authorized to retain an able attorney to look after an direct the petitioners who wish to change the county seat.  One hundred dollars was raised for current expenses, Geo. Barclay of Pine River giving his check for $50.  Owing to the inclemency of the weather, but twenty of the sixty delegates attended. Those present, wishing to give every part of  the county a chance to vote on this important question.  The convention was adjourned until the 21st of June 1897 to meet at the Ellis post office school house on section 7 town 135, range 31, at 2 o’clock p.m.  On said date the delegates present will proceed to select a site for a new county seat.  All precincts are requested to have their delegates attend said adjourned convention.  Dated at County convention this the day of June, 1897 A Collins, Sec.  Wm. H. Hallet, Chm.

Source:  Notice, Cass County Pioneer Newspaper, Walker, MN, Film June 17, 1897, #1/2/1897 to 6/2/1898, Thursday, July 15, 1897 edition, Minnesota Historical Society newspaper collection.

I return to the Logsleds to Snowmobiles book about the history of Pine River on page 110 lower part of the first column:

“The governor appointments as Cass County Commissioners those who “will organize the county and decide the county seat” consisted of men all friendly to the timber interests.

It soon became obvious to George Barclay and others that “timber forces” were in control of the politics of the county, at least temporarily, for on May 14, 1897, the boom town of Walker which had been in existence for only a little over a year was “named” by the new commissioners the county seat of Cass County. 

Barclay, together with W.H. Hallett immediately called a “non-partisan convention” at the Collins House precinct south of Barclay’s Ranch for the purpose of “selecting a location for the county’s seat.”  Barclay had high hopes that the “convention” would select his settlement in place of Walker, and, therefore, he readily contributed $50 to defray part of the $100 convention expense.  Apparently, he hoped that in an election resulting from the conflict over two alternative county seats that the more populated southern portions of the county would outvote the northern region.  Barclay was to be disappointed for the hastily called convention could not agree on any single policy and broke up without taking positive stand on an alternative county seat.”  From the Brainerd Dispatch June 18, 1897, pg. 4, Logsleds bibliography notes pg, 516. 

According to the Cass County Historical Society the reason Walker was named the county seat was because it was incorporated in 1896 having 100 male voters.  Pine River had not yet incorporated and that would not happen till 1901.

UPDATE July 11, 2013:  Apparently I have written this post 2 times.  I apologize for that confusion.  I wrote about the County Seat of Cass on March 21, 2013.  So I am adding the last part of that post to this one and then deleting the March post.

Once Walker was chosen as the county seat of Cass County, Minnesota the next step was to incorporate Pine River.  It took a few years for that to happen.

The Logsleds Book Continues on page 111:

“It is not known when George Barclay first conceived of the idea of incorporating his settlement into a village, but is certain that by the time of the official organization of Cass County in 1897, he had definite plans on his mind.”

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George Barclay’s Ranch was smack in a location that required that he have dealings with the railroads. We have seen this before in 1883 when he signed a deed for land.

The Logsleds to Snowmobile book about the history of Pine River mentions the Railroad and the right of way.

When the railroad actually arrived at Barclay’s in August, 1894, the right-of-way divided his buildings with the house and trading post west of the tracks and the hotel to the east.  The Barclay’s eventually donated to the B&NMRy 100 feet on either side of the track on condition that their buildings within the right-of-way be moved at railroad expense.” pg. 110 second column lower right.

There is a deed regarding this very thing dated 24, October 1895.

Right of Way

Right of Way

Source:  Right of way Deed, George A. Barclay and Wife vs. Brainerd & Northern Railroad, October 24, 1895 at 10 am. Book N, pg. #157 #3237, Cass County Courthouse, Register of Deeds, Walker, MN.

Know all [ ] by others presents that George Barclay and Amarilla Barclay, his wife of Cass County, State of Minnesota, for and in Consideration of one dollar with in Law paid by the Brainerd and Northern Minnesota Railway Company the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said Company this succession and assigns, a strip belt or piece of land, one hundred feet wide, extending across the following described tracts of land in Cass County, State of Minnesota, described as follows to wit:

Lot No. (6) of Section No. 8, the south east quarter of the northwest quarter (SE1/4 of NW1/4), and the North half of the Northwest quarter (N1/2 of NW1/4) of Section No. 6 – all in Township No. 137 of Range No. 29; and Lot No. Seven (7); of Section No. 21 in Township No. 138 of Range No. 29 hereby conveying a strip of land fifty feet wide on each side of the center line of said Company as now located and established. Including also a strip or piece of land fifty (50 Feet in with, situate and extending along an adjoining the west five of the above described right of way through and across the named tract in the Northwest quarter of Section No. 6 in Township No. 137 of Range No. 29. Said cash [ ] price being in addition of the 100 feet in width of the right of way above conveyed and with Right to said Company its succession and assigns to protect any cuts which may be made on said land by erecting on both sides thereof portable Snow Fences: provided however, that such…

Unfortunately, the 2nd page is missing so we don’t get the whole story.  This happens when you are doing research and having to move real fast.

Several years later, George on 19 July 1897, George entered into a contract with the Northern Pacific Railroad regarding timber.

Made on the 19th Day of July, 1897 between Edwin H. McHenry, Frank G. Bigelow as Receivers of the NPRR and Geo. A. Barclay of Pine River, MN, $50.00 to cut and remove pine timber suitable for saw logs on the following lands:  Twp 137, Range 30 etc. Not to include the cutting of Tamarac, Oak or Jack Pine.  Does not prevent the sale of other timber.  Signed by Barclay, Whitesides, Frank Vogel, and the Federal Land agent.

Timber Contract Northern Pacific RR

Portion of the Timber Contract Northern Pacific RR

A copy of this contact was in his Civil War pension file.

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The time had come for Cass County, Minnesota to organize and become a real county.

Cass County was created on September 1, 1851 by the legislature of the Minnesota Territory. It was not formally organized until 1897. Cass County was formed from portions of Dakota, Mahkatah, Pembina and Wahnata Counties. The county was named in honor of Lewis Cass.[4] In turn, before formal organization, land from Cass County was split off to form other of the surrounding counties.

Source:  Online at Wikipedia – Cass County, Minnesota

Cass Counties timeline

Cass County’s timeline

The Cass County Government website has a nice history of Cass County Government.  It didn’t have officers till 1872 and the boundaries where sliced off over the years by other counties – see the above timeline.

http://www.co.cass.mn.us/index.html

http://www.co.cass.mn.us/government/gov_home.html

The book:  “Cass County Heritage,” by the Cass County Historical Society, 1999 has several pages of the history of the county, Chapter III, page 15 to 23, and goes into more depth. This book can be located by using WorldCat to find it in several libraries.  I tried to find it at the Minnesota Historical Society but was not getting a hit.  They usually have these types of books in their reading room.

In Chapter III, they describe the organization of Cass County and Crow Wing County’s maneuvering to take more land from Cass before it did finally become a county.

Cass remained part of Crow Wing until the re-organization in 1897.  In 1897 Walker was made the county seat but before that it was West Brainerd where you went to do business.

Like all political events the organization of Cass County, Minnesota in 1897 was of great interest to the inhabitants, businessmen and more. My great-grandfather George Angus Barclay was against the organization of the county and wrote several articles for the newspaper which I will feature in the next post.  Here the Weekly Journal makes a comment about the 2nd letter.

Weekly Journal News Feb 1895.

Weekly Journal News Feb 1895.

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