by Betty Jane Wilson, society president
Perhaps lesser known in Valley Falls history than William "Buffalo Bill" Cody, James "Wild Bill" Hickok has some association with the town and community.
Bill Hickok was involved in a shoot-out and killed a man named Dave Tutt at Springfield, Mo., in July 1865. Ben Heuertz, secretary-treasurer of the Valley Falls Historical Society, related the story at the December 28, 1971, meeting of the society.
Heuertz emphasized that various versions of the shoot-out were given by those who may or may not have been present. The trial of Hickok took place Aug. 5, 1865. The jury took about 10 minutes to render a verdict after the judge instructed the jurors in the following 16 points:
1st. If they believe from the evidence that the defendant intentionally shot at the deceased, Dave Tutt, and the death of said Tutt was caused thereby, they will find defendant guilty, unless they are satisfied from the evidence that he acted in self-defense.
2nd. That defendant is presumed to have intended the natural and probable consequences of his own acts.
3rd. The defendant cannot set up in justification that he acted in self-defense if he was willing to engage in a fight with deceased.
4th. To be entitled to acquital on the ground of self-defense, he must have been anxious to avoid a conflict, and must have used all reasonable means to avoid it.
5th. If the deceased and defendant engaged in a fight or conflict willingly on the part of each, and the defendant killed the deceased, he is guilty of the offense charged, although the deceased may have fired the first shot.
6th. If it appear(s) that the conflict was in any way premeditated by the defendant, he is not justifiable.
7th. The crime charged in the indictment is complete, whether there was malice or not.
8th. If the jury have any reasonable doubt as to the defendant's guilt, they will give him the benefit of such doubt, and acquit him.
9th. But such doubt must be a reasonable doubt, not a mere possibility. It must be such a doubt as leaves the mind disatisfied with a conclusion of guilt.
10th. This rule, as to a reasonable doubt, does not apply as to matters set up in justification.
11th. If the defendant claims to have acted in self-defense it is his duty to satisfy you that he so acted, and it is not sufficient to create a doubt in your minds whether he so acted or not.
12th. The jury will disregard evidence as to the moral character of deceased, and as to his character for loyalty, as the character of the deceased could afford no excuse for killing him.
13th. Every murder includes in it the crime of man-slaughter, and if the jury believe that the defendant has committed the crime of murder in the first or second degree, they will find him guilty under this indictment of man-slaughter, the crime charged in this indictment.
14th. The Court instructs the jury that they may disregard all that part of the evidence of Tutt's declaration to Lieut. Warner.
15th. The Court instructs to disregard all Warner's testimony.
16th. That the jury will disregard any threats made by Tutt against Haycock (Hickok) prior to the meeting at the Lyon House in Haycock's room.
The verdict—Not Guilty!
(Note: Dave Tutt is not known to have been related to any Valley Falls Tutts.) The 16 points are from the Kansas Historical Society Quarterly Vol. XXVI.
The society museum will be open at 10 a.m. Saturday. The 2014 historical society calendars are available at the museum.
October 29, 2013
October 22, 2013
October window displays
by Betty Jane Wilson, society president
A traditional haunted house painting draped in black cloth overlooks an autumn scene of brillant colors shared by wildflowers, dry grasses and harvested pumpkins of various sizes imbedded in fallen leaves bid farewell to their summer sojourn and signal the fall season with its unique approach to winter.
A bright orange backdrop invaded by a host of spiders imprisoned in their perfectly formed webs, a collection of jack-o'-lanterns, black cats with glowing eyes, antique noisemakers and the inevitable witch's pointed hat warning of the eve of spooks, goblins, and trick or treaters complete the October window display of the historical society museum.
Miniature United States flags line the veterans' window featuring a liberty poster, military service flag enhanced by a background of blue honoring Nov. 11, Veterans Day, formerly Armistice Day.
The society museum will be open Saturday, Oct. 26, at 10 a.m.
A traditional haunted house painting draped in black cloth overlooks an autumn scene of brillant colors shared by wildflowers, dry grasses and harvested pumpkins of various sizes imbedded in fallen leaves bid farewell to their summer sojourn and signal the fall season with its unique approach to winter.
A bright orange backdrop invaded by a host of spiders imprisoned in their perfectly formed webs, a collection of jack-o'-lanterns, black cats with glowing eyes, antique noisemakers and the inevitable witch's pointed hat warning of the eve of spooks, goblins, and trick or treaters complete the October window display of the historical society museum.
Miniature United States flags line the veterans' window featuring a liberty poster, military service flag enhanced by a background of blue honoring Nov. 11, Veterans Day, formerly Armistice Day.
The society museum will be open Saturday, Oct. 26, at 10 a.m.
October 08, 2013
1873 editorial on bank failures and the economic downturn
Compiled by Betty Jane Wilson, society president
A sundry of items from the Kansas New Era 140 years ago, Sept. 25, 1873, S. Weaver, Editor:
"The bank failures in the Eastern cities is causing sad work in financial circles. One bank after another is compelled to close being not able to stand the pressure. Wall Street in New York is constantly crowded. Policemen are kept busy keeping free the entrance and exit to the stock exchange, in consequence of so many heavy failures and defalcations it is impossible to form anything like a correct conclusion in regard to how it will effect the currency of the country. Generally, Chicago and St. Louis are already feeling the effect and should it continue much longer, it must, to a very great extent, affect the currency of the whole country.
"Meet whom you will and almost the first thing after the salutation is a reference to the 'Hard Times.' To say that there are not hard times would be considered by the people at large as the saying of an insane man. We admit that money matters are close and that all classes of men feel cramped. The question, however, arises, what has brought about this pressure? Many of us are ready to answer, 'high taxes, high tariff on railroads and the oppression of monopolists in general,' but the question is, can we justly attribute the hard time to those sources? We admit our taxes are exorbitant, that the railroad charges are too high, and that monied corporations oppress us whenever they have the opportunity. After all, part of the fault is in ourselves.
"In the first place, too many people are ready to spend more money than save it. In the second place, many of us do not live within our means, hence we become involved. This in itself will make hard times.
"In the third place, we buy a great many things we could do without and go in debt for them. In the fourth place, we don't take care of what we have.
"Last year we raised a remarkable crop of corn in Kansas, which overstocked the country so that from 12 to 15 cents was the average price. We then said we will roast our shins around the stoves this winter and burn corn. We are not going to haul wood when corn is so cheap. Others hauled in their corn and put in pens and piles without any covering and let it rot, while others turned their stock in upon it to tramp it down into mud.
"Now if this vast amount of corn that was wasted had been properly cared for until the present fall, it would of itself have brought money enough in to the state to make times measurably good.
"Next we are too superficial and impatient and don't bring ourselves down to solid earnestness in our undertakings. To prosper, there must be persistent application, patience, and a determination to succeed!
"To secure good times, we must practice economy at home as well as to correct other evils. To spend our strength and what little means we have to correct other evils and neglect home industry and economy, we will have a failure. Let us encourage home industry and be united in our efforts and we will succeed. This will strike a heavier blow against monopolies than any and all other things put together. If we fight monopolies and lose strength by disunion, we will find by sad experience that our last state is worse that the first."
The Valley Falls Historical Society museum will be open at 10 a.m. Saturday, Oct. 12.
A sundry of items from the Kansas New Era 140 years ago, Sept. 25, 1873, S. Weaver, Editor:
"The bank failures in the Eastern cities is causing sad work in financial circles. One bank after another is compelled to close being not able to stand the pressure. Wall Street in New York is constantly crowded. Policemen are kept busy keeping free the entrance and exit to the stock exchange, in consequence of so many heavy failures and defalcations it is impossible to form anything like a correct conclusion in regard to how it will effect the currency of the country. Generally, Chicago and St. Louis are already feeling the effect and should it continue much longer, it must, to a very great extent, affect the currency of the whole country.
"Meet whom you will and almost the first thing after the salutation is a reference to the 'Hard Times.' To say that there are not hard times would be considered by the people at large as the saying of an insane man. We admit that money matters are close and that all classes of men feel cramped. The question, however, arises, what has brought about this pressure? Many of us are ready to answer, 'high taxes, high tariff on railroads and the oppression of monopolists in general,' but the question is, can we justly attribute the hard time to those sources? We admit our taxes are exorbitant, that the railroad charges are too high, and that monied corporations oppress us whenever they have the opportunity. After all, part of the fault is in ourselves.
"In the first place, too many people are ready to spend more money than save it. In the second place, many of us do not live within our means, hence we become involved. This in itself will make hard times.
"In the third place, we buy a great many things we could do without and go in debt for them. In the fourth place, we don't take care of what we have.
"Last year we raised a remarkable crop of corn in Kansas, which overstocked the country so that from 12 to 15 cents was the average price. We then said we will roast our shins around the stoves this winter and burn corn. We are not going to haul wood when corn is so cheap. Others hauled in their corn and put in pens and piles without any covering and let it rot, while others turned their stock in upon it to tramp it down into mud.
"Now if this vast amount of corn that was wasted had been properly cared for until the present fall, it would of itself have brought money enough in to the state to make times measurably good.
"Next we are too superficial and impatient and don't bring ourselves down to solid earnestness in our undertakings. To prosper, there must be persistent application, patience, and a determination to succeed!
"To secure good times, we must practice economy at home as well as to correct other evils. To spend our strength and what little means we have to correct other evils and neglect home industry and economy, we will have a failure. Let us encourage home industry and be united in our efforts and we will succeed. This will strike a heavier blow against monopolies than any and all other things put together. If we fight monopolies and lose strength by disunion, we will find by sad experience that our last state is worse that the first."
The Valley Falls Historical Society museum will be open at 10 a.m. Saturday, Oct. 12.
October 01, 2013
2013 Grasshopper Falls Day open house
Forty-five visitors attended the Valley Falls Historical Society's open house during Grasshopper Falls Day, Sept. 28.
Free cider and doughnuts were served and guided tours were provided.
Society hosts were Lesa Brose, Leota "Dodie" Bolz, Patty Brown, Joan Reichart, Dalene Senn, Anita Stutesman, Carl and Jill Ellerman, and Betty Jane Wilson.
The museum will be open at 10 a.m. Saturday, Oct. 5.
Free cider and doughnuts were served and guided tours were provided.
Society hosts were Lesa Brose, Leota "Dodie" Bolz, Patty Brown, Joan Reichart, Dalene Senn, Anita Stutesman, Carl and Jill Ellerman, and Betty Jane Wilson.
The museum will be open at 10 a.m. Saturday, Oct. 5.
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