August 1947: A little Church Business!

Mr. Don D. Lundrigan wrote to my father Keith McDonald on August 26, 1947 about the First English Evangelical Lutheran Church.  Here is a link to a very lovely church in Pine River that may be the one in question: http://www.1stluth.org/

It was a letter and court documents regarding the title of the land for the church. Apparently when the deed was first written up by my great-grandmother Amarilla it was done slightly wrong and they wanted to “quiet the title,” on the land the church is situated. 

Land Issue in Pine River the plaintiffs and defendants a portion of the legal papers

Land Issue in Pine River the plaintiffs and defendants a portion of the legal papers

Unfortunately he does not reference the Book and Volume of the deed in question. He goes on and comment that “The church has occupied this property for well over the period required for them to obtain the property by adverse possession.”  He does assure that there will be no injury to any interests the family may have?

Reading through the documents it looks very complicated and involves other people and a bank.  There were approximately eight pages of various motions.

Mr. Lundrigan went on to be in the state legislature. Here is a link to information and photo of Mr. Lundrigan:

http://www.leg.state.mn.us/legdb/fulldetail?ID=13721

Amarillla’s Legacy and Estate 1942…

Amarilla passed on 10 August, 1942 and it took a good two years to probate her estate.

Her granddaughter, Miriam, filed a petition with the court for the probate of the will of Amarilla Dawes Urton and Oscar Dahl was appointed the executor.  Claims would be heard on January 4, 1943 at 10 o’clock at the Probate Court in Walker.

Pine River Journal - Portion of the Petition by Miriam

Pine River Journal – Portion of the Petition by Miriam

Back in 1939, Gordon became Amarilla’s guardian based on notices I have found in the newspaper.  On July 25, 1939 Gordon (R.G. McDonald) Filed a Citation for Hearing on Petition to Mortgage Land and Guardianship of Amarilla Urton in Probate Court.

So on August 31, 1939 he filed for record in the Probate Court and Order of License to Mortgage Land, in the matter of the estate of Amarilla Urton – Incompetent. Petition of R.G. McDonald for license to mortgage land to be published in the Pine River Journal.

The mortgage was necessary to pay the debts of the said Amarilla Urton and taxes against her property, costs of administration, medical, nursing expenses and maintenance of said ward. Remember the Civil War Pension of George had been denied to her.

What follows is a detailed description of the land to be mortgaged.

Mortgage of the land 1939

Mortgage of the land 1939

The  Judge rules that the mortgage was not to exceed $500.00

The Petition of R.G. McDonald as guardian of the above named guardianship, being duly filed in this court representing that it is necessary and for the best interest of said estate and of all interested therein that certain lands of said ward described therein be mortgaged and praying that a license be granted to mortgage the same. They were to appear on 21 day of August, 1939 to show cause if necessary.

Returning to her estate process, an auction was to be held in Pine River for household goods of the estate on October 17, 1942 at the Urton Residence.  Well, I can just see them throwing out history and memorabilia and I now know why there is nothing left of my great-grandmother’s estate. Sigh!

Auction to sell household goods for the Urton Estate

Auction to sell household goods for the Urton Estate

July 10, 1943 Citation for Hearing on Petition to Sell, Mortgage or Lease Land, Estate of Amarilla Urton in Probate Court.  The heirs are listed and told they are to show cause if any at the Probate on the 9th day of August, 1943.

On the May 31st, 1943 at Walker, MN an Order to Sell Land by Private Sale was filed with the court.

Lots Nine (9), Ten (10, Eleven (11) Twelve (12) and Sixteen (16) of Block Two (2) of the Original Plat of the Village of Pine River. Block A of the Dawes Fifth Addition to Pine River, Minn.

Pine River Journal sale of Real estate 1942

Pine River Journal sale of Real estate 1942

Urton Estate Sale of Lands and Lots

Urton Estate Sale of Lands and Lots

On the same day the 24 of May, 1944 Order of Confirmation of Sale of Land Under License at Private Sale. On the 9th of October 1943 to George E. Durkee and Rachel M. Durkee, husband and wife etc. at Pine River, Minnesota for $3500.00.

Durkee Purchase 1944

Durkee Purchase 1944

Also sold on 1 July, 1944 to a Virginia Ingraham Lot No. Sixteen (16) Block Two (2) Original Plate of Pine River, Minn.

On the 14 of June, 1943 the representative sold to the Pine Ridge Cemetery Association Block A Dawes 5th Addition to Pine River, Minn for $25.00.

Rausel Miller on the 24 May, 1944 was sold Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Two (2), Original Plat of Pine River, Minn.

Final Account

On November 30, 1944 Miriam received a letter from Oscar Dahl, on Pine River State Bank stationary, about the Final Account and Petition for Hearing and Allowance was filed on 27th of October 1944 and saying that checks were sent to the heirs. The heirs listed on the formal papers were Vivian McKanna, granddaughter, Gordon McDonald, grandson, Miriam McDonald, granddaughter, Edna McDonald, granddaughter, Keith McDonald (my father), grandson and Jean Davis, granddaughter.

This would not be the end of great grandmother’s estate, there would be several more communications to my father’s family regarding the Lutheran church (1945), and land by the park in Pine River for the hospital (1949).

I was curious about Mr. Dahl and learned the following, Oscar Dahl was born 20, December 1875 and he died 29, August 1966 in Pine River. He knew my great grandmother and I missed the opportunity to talk to him. He was a banker and president of Farmer’s and Pine River State Banks and more. There is a memorial at Find A Grave, with photo, tombstone photo and links. He is buried in the Prosper Cemetery in Fillmore Co., Minnesota.

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=49140661

1933: Jefferson G. Dawes succumbs…

J.G. Dawes 1900 to 1902

J.G. Dawes in about 1900 – 1902

Jefferson G. Dawes came to Pine River about 1899 for business reasons. He was a flour salesman. He ended up staying in Pine River and helping Amarilla manage her store and other businesses. He also got involved with the murder investigation for George A. Barclay’s death by testifying at the grand jury trial. Apparently J.G. made a move to try to get Pine River made the county seat in 1901. We know that George Barclay was not happy with Walker being selected. An article appeared in the Saint Paul Globe:

New County, Maybe. Cass Lake to be the prospective Seat of Government

Cass Lake, Minn, April 9, 1901, First Edition, page 3 – During the past week, the plans of a number of the residents of the southern portion of Cass county to move the county seat from Walker to Pine River, the southern residents in return to assist in creating a new county with Cass Lake as the county seat, have been made public. J.G. Dawes, a resident of Pine River, was here for several days and broached the subject to a number of prominent citizens. 

He appears with Amarilla in the 1900 U.S. Federal Census as store clerk. In 1902 and they married in Minneapolis. He became mayor of Pine River and he and Amarilla platted the city of Pine River.  He built the house in 1904 for Amarilla which still exists. He ventured out to Longville, about this time, and platted that town and built a hotel there.

Source: Jefferson was listed with Amarilla in the 1905 Minnesota State Census, in Pine River, Walden Twp., Cass Co., Minnesota, enumerated 1-2 June, 1905 by Daniel Kline, Line 11, Dawes Jefferson G, Pine River, Male, 56, W, born New York, parents born in England, 29, 1, 9, 4, Retired. Dawes, Ammarilla, Pine River, F, 46, W, born Iowa, parents born Ohio, 28, 3, 28, 3, Retired.

After 1905, I have not been able to show that Amarilla or J.G. were together. So what happened to J.G. Dawes from about 1905 to 1919 when I pick up his trail again. Well J.G. Dawes, being the salesman he was, got a long just fine. Here are some articles about J.G. from the newspapers that I found very interesting.

The Brainerd Daily Dispatch, Friday, March 20, 1908, page 3, J.G. Dawes Back From Mexico, J.G. Dawes, of Pine River, in Brainerd on His Way Home from a Two Month’s Visit in Southwest. J.G. Dawes, for many years a prominent business man of Pine River, is in Brainerd on his way home from a two months’ visit to New Mexico. He also visited Mexico while there…He also visited Texas…

The Brainerd Dispatch on Tuesday, May 19, 1914, page 5 J.G. Dawes impresses visitors from Duluth, B.J. Madden and J.D. Campbell, large stockholders in the Cuyuna-Mille Lacs mine – In the city they met J.G. Dawes former mayor of Pine River, who now makes his headquarters in Brainerd and who is selling agricultural lands and stirring up immigration for Crow Wing county. He has some of the best kind of land for stock raising. 

The Brainerd Dispatch on Friday, May 14, 1915 page 23 had an advertisement for the Dawes Farm Land Company, J.G. Dawes, Manager.

J.G. Dawes Company in Brainerd, the AD

J.G. Dawes Company in Brainerd, the AD

The Brainerd Dispatch on Monday Nov. 6, 1916, page 5 – Value of Farms Lands Increase, J.G. Dawes of the Dawes Farm Land Agency, Gives Reasons Why an Advance is Due. Now is the Best time to Buy, Prices for Farm Products are the Highest Since the Civil War, Land at Bottom Price.  This is a long article with J.G. giving his opinion about agricultural lands and it is quite interesting, here is a little bit: “In an interview accorded the Dispatch, J.G. Dawes, head of the Dawes Farm Land Agency, stated that now was the time to buy land, as in his opinion the bottom had been reached in prices, etc…But now the fear of war has vanished, and the political campaign will be over in a few days. With the prices of farm products still at such a high notch and stocks of all kinds of farm products so far below normal it will take at least three good average crops to replace our stocks to a normal condition….He goes on to encourage people to buy. 

The Brainerd Dispatch presents another article on Tuesday, Sept. 9, 1919, page 5  with J.G. Dawes’ Plan Selling Farms, In These Days of Over Inflation of Land Values, Mr. Dawes has the Sanest Selling Plan. No Options are Allowed, Substantial First Payments are required on Land, Owner Continues Tenancy for Period….J.G. Dawes of the Dawes Land Co. of Brainerd has a plan which is conservative and just alike to buyer and seller, protecting especially the farmer wishing to sell his land.”  The article is very detailed and went on about how the plan works.

The Brainerd Dispatch reports on in another very detailed article on Tuesday, August 25, 1925, page 1 that J.G. interacts with Chicago Big Capitalists. These men were taking options at Rocky Point on Gull Lake with an additional 400 acres adjacent. “As stated by J.G. Dawes, the difficulty of securing the options was negotiated by Wrigley’s agent hinges on acquiring additional land so as to get an acreage of 800 acres. The eventual price, it is claimed is between $50,000 and $60,000. Cottages are to be built for fifty Chicago millionaires, says Mr. Dawes…”

So we see from the above that J.G. Dawes was making his way in the world and doing well.

Stepping back in time a little we review that on 18 August, 1909 Amarilla was granted a divorce from J.G. Dawes. J.G. didn’t contest it even though he felt it was unfair.  The terms of the divorce was divorce by cruel and inhuman manner which is a catch-all for just about any reason to get a divorce back then. In today’s world we have some form of no fault divorce. 

I could not find J.G. in the 1910 census but he is tracked down by the Special Examiner for Civil War Pensions. This man found J.G. Dawes living in Brainerd in 1919 which is confirmed by the above articles from the newspaper. This places J.G. Dawes in the 1920 U.S. Federal Census there and he has not remarried.

Source: Jefferson G. Dawes, 1920 U.S. Federal Census, City of Brainerd, Crow Wing. Co., Minnesota, Vol. 15, ED 122, Sheet 18, Line 93, M1569, Roll #31, D200.

Jefferson G. Dawes, white, age 71, divorced, birth place New York, living on 6th street, in-house 2215, living alone, father born in Ohio, mother in England. Occupation: Sales, [real estate].

J.G. Dawes is still in Brainerd in 1930 but he is now 83 years old.

Source:  J.G. Dawes, 1930 U.S. Census, Brainerd, Crow Wing Co., Minnesota, ED#18-1, SD#5, Sht#5A, enumerated on April 4, 1930 by a Mrs. Margaret I. Henderson.

Line 35, 30, 62, Dawes, Jefferson G, Head, R, 5, No, M, W, 83, S, No, Yes, born New York, father born Ohio, mother Canada English, yes, no occupation. 

Jefferson G. Dawes died on October 4, 1933 in Brainerd, Crow Wing Co., Minnesota. He was 86 years old.

Source: Jefferson G. Dawes (Daws), Certificate of Death, #3082 – Oct 4, 1933, FHL#2242330.

Died in Brainerd, Crow Co., Minnesota. Residence 404 4th Ave NE., died on Oct. 4, 1933. Male, white, single. Born Mar 7, 1847 (1874 crossed out), 86 yrs, 6 mos. 27 days, occupation laborer, born in New York, father was James Daws and mother was Mary Ann Sooderhaus (spelling unclear). Birthplaces of both parents unknown. Information was a Mrs. M. Hall B…….Place of burial Brainerd on Oct. 6, 1933, signed by undertaker D.E. Whitney, filed 10/10/1933. He died of Cardiac Insufficiency and other complications.

A brief obituary appeared in the Crow Wing County Review about J.G. Dawes:

Aged Resident of City Succumbs, October 6, 1933, page 1.  

J. G. Dawes, aged resident of Pine River and Brainerd died after a long illness Tuesday evening at the Brainerd City home. Funeral services were not announced yesterday. Mr. Dawes was well known resident of the area, having lived in Pine River for many years since, in fact, the early lumber days in this vicinity, and was involved in some of the early events of the community. He had been residing for some time in Brainerd, and for several years had made his home in the municipal home in Northeast Brainerd.

Another brief article appears in the Brainerd Dispatch on 4 Oct. 1933 pg. 8, c.3

Funeral arrangements were being completed today for Jefferson G. Dawes, 86, who died in the city home early today. The deceased was born in New York, March 7, 1847.

Brainerd Journal Press, front page 1.

On October 6, 1933 this appears:  Jefferson Dawes Dead, Jefferson Dawes, 86 year old, a familiar figure in Brainerd for the past few years, formerly being in the real estate business here, passed away Wednesday and the funeral was held today. Mr. Dawes was born in New York, March 7, 1847.

After searching, I was unable to locate a probate or estate record in the Crow Wing Court records for J.G. Dawes, which I find as odd. I now feel that I would like to do deed search on J.G. Dawes to see where it lead him.  I was focusing on the Barclay’s so I had not really sought out J.G. Dawes.

On one of my trips to Minnesota, I visited the Evergreen Cemetery in Brainerd and sought out J.G. Dawes’ burial location and tombstone. Unfortunately, I was unable to find a tombstone for J.G. but he is buried there.  The picture below is the approximate location of his grave.  This cemetery is well-kept but even with the best care a stone can disappear.  Whether he had one originally it is hard to say.

There is a Find A Grave memorial for Jefferson Dawes with some links.

He is in Sec NWC L17 B31 – Evergreens Directory of the Dead:  http://www.brainerd.net/~evergreencem/dotdnames_d.html

J.G. Dawes, Evergreen Cemetery in Brainerd, MN.

J.G. Dawes, Evergreen Cemetery in Brainerd, MN.

A PAGE at the top of this blog had a table of contents of the posts written about Amarilla and J.G. Dawes is listed as well. You will have to scroll down to find his section but remember you might need to read about Amarilla from about 1898 on so that you can understand how J.G. fits into the events of the town of Pine River.

I wish I could have learned more about his background, parents and family.  I suspect that he had a sister in living in Brainerd, maybe that is the Mrs. Hall in the death certificate?  If his parents came from England this means he is a newer line of the Dawes Family.

Amarilla tries again for George’s Civil War Pension – 1916 to 1919

Every time the laws were changed and passed a new round of submissions for Civil War pensions would follow. In 1916, Amarilla tried again to obtain George Barclay’s Civil War Pension. This meant that she had to fill out the Declaration for Widow’s Pension form to get things started. The Barclay Hotel burned down in 1915 and it appears she had to seek out another set of marriage, divorce and other papers if she could not find them in her home or hotel and resubmit.

I find that interesting because the government had a 2 inch file on George’s Pension which I obtained from the VA not the National Archives.  Of course the Veteran’s Administration really didn’t start till 1921.

The National Civil War Museum Entrance

The National Civil War Museum Entrance in Harrisburg, Pennsylvania.

This Widow’s form was filed on 24 October, 1916 and submitted.  As far as I can tell the process took till July of 1919 to finally come to an end. The application was being considered for pension a total of three years in process.

Here is a summary of what happened. In these documents her name is spelled Ammarilla and the last name is Barcklay.

Summary of this attempt at obtaining George Angus Barclay’s Civil War Pension 1916 to 1919

October 24, 1916: Declaration for Widow’s Pension signed and forwarded.

March 2, 1917: Overview card for Remarried Widow of George. A. Barclay with summary of the file.

Jacket cover of Pension

Jacket cover of Pension

April 3, 1917: Letter from War Division to D. Elliott Waggeman, Atty, Wash D.C.

They want testimony from two credible witnesses who knew the soldier from the time he attained marriageable age, showing whether he had been previously married with further instructions in order to comply etc… Signed by the Commissioner. 

April 13, 1917: Letter from the Auditor for the War Department to Treasury Department, Wash D.C.

….For use in the above-cited claim for pension, please furnish a tracing of the soldier’s signature, and loan to this Bureau any papers that may have been filed in a claim for arrears of pay or bounty based on his service. Signed by the Commissioner 

May 12, 1917: Letter from Treasury Department to Commissioner of Pensions, Wash D.C. for Bounty:

An application was filed December 17, 1867, in the Paymaster General’s Office, War Department, for bounty under Act of July 28, 1866, by George Barclay, late of Co. I, 9th Minn. Inf. and said application is herewith transmitted with the request that the same be returned to this office at the earliest practicable date. Signed by a J.L. Baity Auditor. (No copy of this bounty claim was in the pension file).

August 25, 1917: General Affidavit

General Affidavit, Minnesota, Cass County, Personally came before me ____Shiller in and aforesaid County and State Ammarilla Dawes age 58 years, residing in Pine River, Cass Co., Minn. who being dully sworn, declares:

That her husband’s full and correct name was George Angus Barclay and he was born in Connecticut. His age at enlistment as nearly as she can compute was between 16 & 18 (he was 18), and his occupation when he enlisted was farmer, and when he enlisted he lived at Shakopee. She further states that his height was 5 feet 6 inches, his complexion dark, color of eyes dark brown, hair dark, and as to marks and scars she states he had none that she knows of.  She further states that her own maiden name was Spracklin and that after the soldier George Angus Barclay died she was remarried to Jefferson G. Dawes from whom she was divorced in the year 1910 on her own application. She further states as to any former marriages of the solider George Angus Barclay that he was never married until he married the affiant and that she states that she was never married before she married George Angus Barclay. Signed Ammarilla Dawes, and F……Shiller, 25 August 1917. Notary Public seal. 

September 10, 1917: General Affidavit.

That her various places and dates of residence since the death of the soldier, Geo. Barclay, have been Pine River, Cass Co., Minnesota.

Cover form from Department of the Interior, Bureau of Pensions card with summary of contents. This is like their cover piece.

September 18, 1917: General Affidavit:

John Leef, age 55 residing in Pine River, Cass Co. and Mrs. J. P. Leef aged 50 years. That they have been personally acquainted with the claimant, Ammarilla Dawes since of the date of the death of the solider, George Barclay and that she has not been married since that time other than to Mr. Dawes who divorced.  

November 27, 1917: A note asking for more information about the marriage to Dawes.

January 17, 1918: State of Minnesota, District Court, Co. of Hennepin – the Marriage License of Jefferson and Ammarilla Barclay 2 September 1902 was submitted to the Commissioner.

February 5, 1918: Additional Evidence General Affidavit.

That her husband, Jefferson G. Dawes, did not render any military or naval service to the United States in any capacity. 

July 9, 1918:  This was a note/letter talking about rules about pensions and the marriage of Jefferson G. Dawes and the name and service of George Barclay etc.

July 22, 1918: Returning of documents by Auditor of the War Department, and their divorce papers are submitted by Cass Courthouse County, Minnesota.

March 3, 1919:  Miscellaneous papers contained in the pension file. April 22, 1919 and on April 25, 1919 a formal letter to the Postmaster…. a H.M. Vandervort requesting more information about the situation – ret’d to Chief _______to call on Postmaster at Pine River, Minn. and determine whether she has remarried and what her standing and reputation in the community since February 1, 1910.

The report back is not good something about her living with a man by the name of George Urton and it is not known if they are married. Her reputation is mixed.

May 18, 1919: A letter was sent to the Chief and Special Examination Division requesting a special investigation to 1) to determine whether she has remarried more than once and after her divorce from Dawes which would jeopardize the pension.  2) They then wanted to know her involvement in George’s death.  3) a Mr. Young was assigned the task of investigating Amarilla Barclay Dawes.

June 7, 1919:  A letter telling the Postmaster that they want to personally interview Amarilla and J.G. Dawes, Mr. and Mrs. Leef, please supply information about where they were living, Signed by E. W. Young, Special Examiner.

June 20th, 1919: Letter to Mr. E.W. Young signed by A.K. McPherson, Clerk of the Court, Walker, Minn. He states he finds no evidence in the proceedings of the Coroners inquest that show that any suspicion was lodged against the Widow of the deceased G. A. Barclay.

June 18, 1919 Brainerd – Jefferson G. Dawes personally appears before me E.W. Young…

June 21, 1919 – letter to the Commissioner of Pensions. He is submitting his report with documents on the Claim for George’s pension and E.W. Young’s investigation.  I have moved this ahead of the depositions of J.G. and Amarilla of E.W. Young:

He took the deposition in Brainerd from J.G. Dawes. While husband of the claimant he was also mayor of Pine River and that he was regarded as something of a four-flusher which was reference to his business transactions and he says he observed this behavior in J.G. The special examiner believed J.G.’s testimony about Amarilla. He then went to Pine River and didn’t tell Amarilla about his interview with J.G. prior to visiting her. She is now engaged to George Urton who lives with her. Then the special examiners remembers George that this soldier was a storekeeper, saloonist, postmaster, logger and big in the area, also a hotel keeper and his death and the gossip. The case appears for final action. 

Deposition of J.G. Dawes, June 18, 1919 in Brainerd, Minn. This is a summary not a full transcription.

My age is 70 years last March, my residence and address are Brainerd, MN in real estate business. I got married to Rilla Barcklay in Minneapolis date do not remember, but some 15 or 16 years ago. I did not know her husband in his lifetime. Became acquainted with her at Pine River when I was there on a matter of business. She was in the logging and store business there and wanted me to manage it for her, offering me half. I took it and turned over to her probably as much as $10,000.  He then makes comments about Grace and Ronald which are not good…She and I always lived together after our marriage, until the separation in Pine River, where I built her home she now has….I did not get a divorce from her. She got it from me. I let her get it. He comments about the divorce are not good.  Then Mr. Young asked about her reputation and her conduct during the marriage. J.G. proceeds to give details about her behavior which are not good…He states he has no interest in her pension claim and nothing against it.  

Deposition of Amarilla Dawes, June 19, 1919 in Pine River, MN. This is a summary and not a full transcription.

My residence and address are Pine River, Cass Co., Minn, am keeping house, I am claiming pension as the widow of George. A. Barcklay who was a Civil War Soldier. He was not a pensioner. My only claim to pension has been made on account of him. He was in the I, 9 Minn. Inf. I married Jefferson G. Dawes after Barcklay’s death, date do not remember.  Married him at Minneapolis and got divorced from him going to Bemidji to meet the judge, I guess the papers are in Walker….She talks about George Urton and that she is engaged to be married. Mr. Young proceeds to ask her questions about her conduct and she replies refuting J.G.’s comments.  I was never accused of having anything to do with Mr. Barcklay’s death, except by Mr. Dawes. She mentions Louis Bebeau being arrested, tried and acquitted of the murder of her husband. I would rather forgo any pension I might possibility get than to have this read in the presence of witnesses or to have any further inquiry made about it. 

July 8, 1919: Wid. Org. Ammarilla former widow of Geo. A. Barclay…Pension is rejected warranted on the facts show in this claim? 1) Adulterous cohabitation while claimant was the wife of J.C. Dawes is no bar to pension. 2) There is nothing to show adulterous cohabitation after claimant’s divorce from Dawes until Sept/Oct 1918.

July 10, 1919: Another statement, our further consideration of the case and in view of claimant’s statement before the special examiner that she would rather foregoing any pension she might possibly get than to have her deposition read in the presence of witnesses or to have any further inquiry made about it. The claim may be rejected as if now stands on the ground of abandonment of further prosecution of same as declared in her deposition taken by special examiner on June 191, 1919. Signed A.A. Aspenwall, Chief, Board of Review.

On July 22, 1919: C.M. Saltzgaber, Commissioner writes to W. Elliott Waggaman, Atty, Wash D.C. and to Amarilla that the claim is rejected on the ground of the claim’s abandonment of further prosecution of claim etc.

Well, isn’t this a fine pickle. I really am proud of my great-grandmother for abandoning the pension claim. I think both her and J.G. did not have any understanding of what was happening and it appears they were not informed by Mr. Young that he was going to approach them both.  It was unfortunate but not uncommon that this type of investigation occurred.

It seems to me the facts were:  1) Whether George was a soldier and what was his service; 2) that George and Amarilla were married, where and when; 3) when did George die; 4) after George’s death her remarriage to J.G. Dawes, where and when; 5) and that Amarilla divorced Dawes in 1910; 6) she had not remarried but was engaged to George Urton in 1918.  These are the facts to me, anything else is irrelevant, but this apparently was not the case as the quote below presents:

The Commissioner of Pensions refused to issue a certificate to allow pension under the special act on the ground the evidence shows that since the passage of the act of August 7, 1882, and prior to an since the approval of the special act, the claimant has been guilty of open and notorious adulterous cohabitation. Appeal was entered August 14, 1919.  

One of the general provisions of the pension laws is as follows:  the open and notorious adulterous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation. Act of August 7, 1882, sec. 2, 22 Stat., 345.

Source:  Decisions of the Department of the Interior in Appealed Pension and Bounty Claims, Editors John W. Bixler and Ralph W. Kirkham, Google Books. page 441.

Amarilla would try one more time in 1939 for George’s pension and get a little help from her grandson Gordon.  If you are wondering what the term “four-flusher” used to describe J.G. means it is a reference to the game of poker and how someone presents a certain face to others.  I have posted about J.G. Dawes on this blog and you can review his posts and Amarilla’s just go to the Page at the top of this blog that covers George and Amarilla’s table of contents of posts written.

Amarilla and J.G. Dawes go their Separate Ways! 1910

About the time of George A. Barclay’s murder in 1898, J.G. Dawes entered into Amarilla’s life. He became her second husband.  He join her in business activities.  He became mayor of the town of Pine River and helped to plat the town.  J.G. Dawes also built her a house in Pine River.  About 1905 he started building a hotel in Longville and expanding his business interests.

Part of the Divorce Decree of Amarilla and J.G. Dawes

Part of the Divorce Decree of Amarilla and J.G. Dawes

After 1905, J.G. Dawes and Amarilla started to go their separate ways.  I do not know exactly when J.G. made the break and left Pine River for good.

In 1909 Amarilla filed for divorce. There were three documents.  The divorce was not friendly and both made unkind statements towards the other. Here is a summary of the contents and I have chosen not to include some of the language. You will note that her name is spelled in the documents with the two “m’s.”

J.G. called her “Rilla.”

The first is a Serving of the Complaint to Jefferson G. Dawes by the Sheriff of Hennepin Co., Minnesota, Otto S. Langum on 10 December 1909.

The next is a two page document called a Complaint between the two parties, stating that Ammarilla is 51 years old and J.G. is 57 years old. That they were married on the 2nd day of September in 1902 in the city of Minneapolis, MN. That the plaintiff, Ammarilla, has been living in the state of Minnesota for more than one year. That the plaintiff was treated in a cruel and inhuman manner….. There are no children issued from this marriage. That the plaintiff has real and personal property valued at $7000. That the plaintiff demands Judgment to dissolve the marriage between the two parties.

On the second page of the document, Ammarilla is sworn to truth and the document is notarized on the 8th day of December 1909. Below is a summons to J.G. Dawes to answer the complaint and if he does not do so in 30 days, judgment will be rendered.

The third and final document is the Divorce Decree itself. Apparently J.G. Dawes did not appear or contest the divorce and it was granted to Ammarilla on 1 February, 1910 in Cass County, Minnesota.

The Court, by virtue of the power and authority therein vested and in pursuance of the Statute in such cases made and provided, does order, adjudge and decree the marriage between the said plaintiff Mrs. Ammarilla Dawes and the Defendant Jefferson G. Dawes be dissolved and the same he hereby dissolved according, and the said parties are and each of them is freed and absolutely released from the Bonds of matrimony and all the obligations.”

I don’t know why this makes me sad. I like J.G. Dawes even though he may have been a big talker and told a good tale. He was still a very interesting person and I wish I knew more about him and where he came from so I could judge his character.  Some articles that appeared in the newspaper about him, that I have posted in past posts on this blog,  suggest he was a little arrogant.

The story of what happened to Jefferson G. Dawes is not yet over and he will appear in future posts.  His time with Amarilla had ended and they both moved on.  Amarilla would be on her own for nine years before she decided to remarry for the third time.

George Barclay Murder Trial – 7 May 1900

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.