March 28, 2002.
Bill, Starting with this file (#1) [accattlemen\SaundersJH.wpd] will send altogether 14 files.
#10. fam\RobertsJohnC.wpd [Biggest file among Roberts]
I am still working on the “Roberts” [cattleman] and Windsor & Roberts files. I sent you Windsor & Roberts earlier, but I have since uncovered more information. It looks as if Windsor might have dropped out of the picture and “W. B. Roberts & Son” took over range on the state line of Kansas and also that Roberts hooked up with another man and started “Roberts & Sairs’ cattle ranch” near Cheyenne Agency with J. A. McCormick, Manager, in lieu of “Pink Fouts.” I have to study and analyze this outfit much more before I will be satisfied that I understand it.
Putting all this information at beginning of the first file I am sending. I will eradicate it later.
J. H. SAUNDERS.
Looking for J. H. Saunders, cattleman...
It appears that J. H. Saunders might have started out as a cabinet maker and an undertaker in Winfield in 1871. He began to move to different places. At one time he had a home in Winfield and also a home in New Salem, Tisdale Township. He then started handling cattle and later became a sheepman. At the time he attended meeting of cattlemen in Arkansas City in 1883, he was handling sheep exclusively.
OMNIA TOWNSHIP 1872:
Saunders, C. W., 45; spouse, Mrs. C. W., 37.
Saunders, H., 60. No spouse listed.
Saunders, J. H., 27; spouse, Mrs. J. H., 24.
TISDALE TOWNSHIP 1873:
Saunders, J. H., 28; spouse, E. J., 26.
TISDALE TOWNSHIP 1874:
Saunders, J. H., 30; spouse, E. J., 24.
TISDALE TOWNSHIP 1880:
Saunders, J. H., 35; spouse, Elizabeth, 33.
Kansas 1875 Census, Tisdale Township, Cowley County, March 1, 1875.
Name age sex color Place/birth Where from
J. H. Saunders 29 m w New York Pennsylvania
E. J. Saunders 26 f w England Pennsylvania
F. Saunders 7 f w Pennsylvania Pennsylvania
F. W. Saunders 2 m w Kansas
FROM THE NEWSPAPERS.
J. H. Saunders: Winfield...
Cowley County Censor, March 18, 1871.
J. H. SAUNDERS, CABINET MAKER -AND- UNDERTAKER.
SHOP: Corner Main and Twelfth Avenue.
Winfield Messenger, August 16, 1872.
The following bills were allowed.
One in favor of J. H. Saunders, Coffin for Pauper, $20.00
Winfield Messenger, October 11, 1872.
Saunders has just received a large stock of furniture.
Winfield Messenger, October 11, 1872.
Mr. Read has a large desk in his bank, the workmanship of J. H. Saunders.
Saunders’ hall: Tisdale...
[CHRISTMAS AT TISDALE.]
Winfield Courier, December 31, 1874.
Christmas passed off pleasantly. J. A. McGuire gave a Christmas dinner to the old folks, none being present, but the heads of families and the children that were too young to be left at home. Upwards of forty persons sat down to dinner, and turkey and cake disappeared with lightning rapidity. Mrs. McGuire understands the art of cooking and knows how to make things pleasant. Jokes and chat went round, and the hours passed off pleasantly till the dark shades of night told us that the day was at a close.
But then we did not part. The boys had got up a dance in Saunders’ hall and many of the old heads remained to see how the young folks could enjoy themselves. The dance was opened with a waltz. One old gentleman who had never seen a waltz was considerably amused, and to the amusement of the company stated that it looked like wrestling back holt. Mr. and Mrs. Hoblet of Grouse Creek, assisted by Mr. Truesdell and lady, furnished music for the company.
A. T. Gay and wife, one of those whole hearted couples who know how to make matters agreeable, furnished supper, and exactly at eleven o’clock the light hearted but hungry dancers made their appearance at the supper table and convinced A. T. and his fair lady that their supper was fully appreciated. So between dance, interspersed with music from Mrs. Hoblet, and our more than elegant supper, passed off one of the most pleasant times ever held in Tisdale.
Winfield Courier, February 22, 1877.
FEEDING HOGS. J. H. Saunders, who lives six miles northeast of Winfield, brought us by wagon one Poland China shoat on the 3rd day of January, weighing 27½ pounds. We fed the same on corn and water, until January 30th, at which time it weighed 330 pounds. This we think a pretty good gain, but we have quite a number of hogs in our feed lot which have done as well and some much better. MULLEN & WOOD.
Winfield, February 16, 1877.
Excerpts: Mr. Saunders (J. H.?)...
Winfield Courier, May 12, 1881.
The public sheep shearing held last Wednesday under the auspices of the Cowley County Wool Growers and Sheep Breeders Association, proved to be a much greater success than the management had hoped for. Almost every flock in our county was represented, and several of the leading wool growers of Butler County were present with some of their finest sheep. Much interest was exhibited, and the shearing was visited by crowds of visitors all day long.
Mr. Saunders brought several Merino bucks and a ewe and a lamb; did not have any of them sheared.
J. H. Saunders...
Cowley County Courant, December 22, 1881.
An important sheep deal has just been completed, James Service having sold his flock of one thousand to J. H. Saunders, the price paid being about three dollars per head. Henry had already nearly as many more, and with these can come out as one of Cowley’s heavy sheep men.
J. H. Saunders, Tisdale Township...
Winfield Courier, December 22, 1881.
James Service sold his flock of one thousand sheep to J. H. Saunders, of Tisdale Township, last week. The price was $3.00 per head. J. H. is getting to be a big sheep man.
Winfield Courier, January 26, 1882.
Mr. J. H. Saunders, of Tisdale Township, is selling off his cattle and devoting his exclusive attention to the sheep business. He sold $2,100 worth of cattle to Mr. Moorehouse last week.
Mr. Saunders, near Dexter, sheepman...
Arkansas City Traveler, March 29, 1882.
Mr. Saunders, from near Dexter, passed through town last Saturday with a large flock of sheep that he will hold in the Territory southwest of this place.
Saunders, sheepman, High Prairie (?)...
Arkansas City Traveler, June 28, 1882.
The awning of the City Hotel shaded the browned countenances of more sheep men last Saturday than we have seen together for some time. There was Andrews, of the placid Grouse creek; Fouts, of the wild Willows; Johns, from the historic Shilocco; Cole, from the romantic Bodoc; Saunders, of High Prairie; Rogers, of Endless View Ranche; Phraner, from Ponca Trail; and Scott, of the State line; while on the street was Majors Harnly, Stewart, and Maxwell. Knott had taken his departure the day before or he would have been there. Wool, tariff, scab, and coyotes were generally cussed and discussed until the supper call scattered them like a bombshell. They were all hungry.
J. H. Saunders, Winfield...
Winfield Courier, August 17, 1882.
For Sale. Twenty-five head of Merino bucks, or will trade for good wethers. Address J. H. SAUNDERS. Winfield, Kansas.
H. Saunders, Winfield...
Winfield Courier, November 9, 1882.
Sporting News. The Grand Annual hunt of the Winfield Sportsmen’s Club took place last Thursday. The club met at the Brettun House Monday evening and elected J. N. Harter and Fred Whitney captains. Each hunter, with the advice of his captain, selected his route, and most of them went out to the field the evening before. The following is the score.
J. N. Harter, Capt., 2,700; Jas. Vance, 1,400; Frank Clark, 1,140; Frank Manny, 200; Jacob Nixon, 1,780; Ezra Meech, 620; Sol Burkhalter, 610; Dr. Davis, 310; C. Trump, 150; Ed. P. Greer, 160; E. C. Stewart, 120; G. L. Rinker, 360. TOTAL: 9,550.
Fred Whitney, Capt., 110; G. W. Prater, 290; J. S. Hunt, 1,130; C. C. Black, 1,070; Jas. McLain, 1,000; A. S. Davis, 100; H. Saunders, 130; Q. A. Glass, 240; A. D. Speed, 240; Dr. Emerson, 190; J. S. Mann, 100; J. B. Lynn, 000. TOTAL: 4,660.
The gold medal was won by Mr. Harter. The tin medal will be won by J. B. Lynn. On next Wednesday evening the nimrods will banquet at the Brettun, at the expense of the losing side. The score made by Mr. Harter has never been equaled in this county.
Saunders, the sheepman...
Arkansas City Traveler, January 31, 1883.
It was reported that Mr. Saunders lost fifteen hundred head of sheep last week during the storm. As near as we can ascertain, he only lost fifteen head.
J. H. Saunders...
Arkansas City Traveler, February 28, 1883.
Pursuant to call a number of stockmen met at the office of C. M. Scott, in Arkansas City, Kansas, and organized by calling Mr. John H. Tomlin, of Winfield, to the chair and C. M. Scott, Secretary.
The following gentlemen were present: W. J. Hodges, John Myrtle, John Love, J. M. Love, Weathers, Tipton, Chinn, Wicks, D. Warren, Hugh McGinn, J. H. Saunders, Moorehouse, Dr. Carlisle, and others.
On motion a committee of three was appointed to settle all claims of stockmen with the parties proposing to fence, or any other whose interests might conflict.
Committee: W. J. Hodges, Chairman; Drury Warren, and C. M. Scott.
Mr. Weathers thought the Oil Company had no right in the Territory, and did not believe in adjusting matters with them. Thought they should not be recognized in the meeting at all.
Mr. Hodges thought if they paid the tax and complied with the law, they had as much right as anyone to the unoccupied range, and that we should not expect the range to lay idle, and that it would not, and anyone claiming it and paying for it would be protected, whether they were of Kansas, Pennsylvania, or England.
Mr. Chinn said if a man paid, he had no protection against Texas cattle, to which Mr. Hodges replied; only through the Stock Association.
Mr. Warren didn’t see any harm in the Oil Company occupying the range as long as they interfered with the rights of no one legally there.
Mr. Love is on the west side of the range they propose to fence. He hasn’t paid his tax. When he stopped there, he did not expect to remain long—was going farther west, but finally concluded to remain. He then rendered payment to the Treasurer of the Cherokee Nation, and his offer was refused, although he was first on the ground, and had conflicted with no one; and after they had refused, the grant and privilege was given to Mr. Gore. He did not believe in discriminating in favor of a monopoly, and that too, when they were not on the ground, and have not yet a hoof of stock on the range. He said there was no fairness in it, and that the Oil Company were only acting fair since they could do no better. That they had tried to shut out all alike and would have done it if they could, and he appealed to the stockmen to stand by him as he had stood by them.
Mr. Hodges thought Mr. Love’s case one of merit, and that his right would not be ignored.
On motion the meeting elected Mr. Tomlin, Mr. Love, and C. M. Scott a committee of three to forward the grievance to Major John Q. Tufts at Muskogee, Indian Territory.
On motion Drury Warren, Mr. Wicks, and Mr. Weathers were appointed a committee of three to attend the meeting of the Cherokee Strip Stock Association, to be held at Caldwell March 6, 1883.
The following resolutions were introduced and passed.
Resolved, That it is the sense and desire of this meeting that no quarantine ground be established east of Bitter Creek.
Resolved, That no through Texas cattle be permitted to be driven along the State Line east of Bitter Creek, or within four miles of the line during the summer months and that we will use our best endeavors to prevent such doing.
Resolved, That each and everyone of us become a member of the Cherokee Strip Association, and that we stand by one another in the protection of our rights.
On motion the meeting adjourned.
Mr. Saunders (?)...
Arkansas City Traveler, August 8, 1883.
Mr. Saunders is cutting and bailing hay near the head of Bodoc Creek for the purpose of shipping to Colorado.
J. H. Saunders, Winfield...
Winfield Courier, October 18, 1883.
Taken up. A span of mares, one an iron gray and the other a bay, on last Tuesday. The same can be secured by calling on J. F. Saunders, east 12th Avenue, Winfield, and paying expenses.
Miss Fanny Saunders, Winfield...
[Note: Papers often misspelled her first name. It was “Fanny,” not “Fannie.”]
It appears that Fanny Saunders was the daughter of J. H. (Henry) Saunders.
Winfield Courier, February 7, 1884.
The Good Templars installed their officers for the term commencing with February, on last Friday evening, as follows.
W. C. T., H. H. Siverd.
W. V. P., Mrs. E. D. Garlick.
W. F. S., H. G. Norton.
W. R. S., Miss Mamie Garlick.
W. T., Mrs. N. J. Lundy.
W. C., Mrs. Emma Smith.
W. M., W. J. McClellan.
W. I. G., Miss Fanny Saunders.
W. O. G., F. V. Rowland.
W. A. S., C. A. Garlick.
W. R. S., Mrs. S. J. Hepler.
W. L. S., Mrs. L. Schaffhausen.
W. D. M., Miss Ella Garlick.
Organist, Miss Lucy Cairns.
P. W. C. T., Frank H. Greer.
J. H. Saunders, Winfield...
Winfield Courier, March 6, 1884.
J. H. Saunders’ team ran away Tuesday evening, threw him out, and broke two of his ribs.
Mr. and Mrs. J. H. Saunders and family move to farm...
Winfield Courier, May 8, 1884.
Mr. J. H. Saunders and family, after spending the winter in Winfield, have removed to their farm, six miles east of the city.
Excerpts: Fanny Saunders...
Arkansas City Republican, June 21, 1884.
County Normal Institute.
The County Normal Institute opened Monday with flattering prospects for a successful season. The enrollment is unusually large, and a real live interest is manifested in the work. It is conducted by Prof. B. T. Davis of the State Normal school, one of the best educators of the state, ably assisted by Prof. A. Gridley and County Superintendent Limerick. The Model Department, under the management of Miss Stretch, is a very attractive feature of this session. The arrangement of the work was for a session of eight weeks, but should the weather become hot, and the teachers wearied, the work may close at the end of the sixth week.
Following are the names of those in attendance.
Thornton Baker, Thos. W. Bowles, Lena Broadbent, Lizzie Campbell, Ira Crane, Winnie M. Emery, Delia Fogle, Cora Goodrich, Fannie Himelic, Lou Jarvis, Julia B. King, Ida Kuhn, Mattie M. Linn, Joseph M. Moore, Fanny Saunders, Codie A. Waite, Belle Berthram, Hettie Brown, Cora Bullen, Jennie Cochran, Alma Elliott, Lola Fogle, Lydia Gardner, Nannie Henson, Edith Holland, Ella Johnston, Viola Krow, F. A. Limbocker, Iola Moore, Eva Reynolds, Millie A. Taylor, Leon A. Waite, George Whitson.
Arkansas City Republican, August 23, 1884.
Teachers Receiving Certificates.
The following is a list of teachers granted certificates at the late examination.
Included on List: Fanny Saunders.
Winfield Courier, October 9, 1884.
NEW SALEM PENCILINGS. — “OLIVIA.”
Miss Fanny Saunders gave a birthday party to her young friends. An excellent lap supper, or rather a delightful lunch was served by the young hostess. Sweet sixteen, with her friends, had a fine time we are told.
Fanny Saunders, Mr. Saunders...
[NEW SALEM PENCILINGS. — “OLIVIA.”]
Winfield Courier, December 18, 1884.
Miss Fanny Saunders has been very ill with diphtheria, but is convalescent.
Messrs. Shields, Chase, and Saunders, also others from our vicinity, are in the nation on a hunting expedition. Wonder if they will capture a deer!
[NEW SALEM PENCILINGS. “OLIVIA.”]
Winfield Courier, Thursday, January 15, 1885.
Miss Fanny Saunders entertained Miss Pearl Friend, of Winfield, last week, and gave a party in her honor which pleased the young people very much. A fine time is reported.
Miss Saunders [Fanny?]...
NEW SALEM PENCILINGS. “OLIVIA.”
Winfield Courier, Thursday, April 2, 1885.
Mr. Thornton Baker visited his last winter pupils on Friday last, now in the care of Miss Saunders, at Moscow.
Winfield Courier, Thursday, April 2, 1885.
Pure Poland China pigs, 4 sows and 2 males, will be sold soon. Can be seen 2 miles south of New Salem on the Saunders farm. Address Thomas Worsley, New Salem.
NEW SALEM PENCILINGS. “OLIVIA.”
Winfield Courier, Thursday, July 9, 1885.
Miss Pearl Friend has been the guest of the Misses Jackson, Saunders, and Cayton for over a week. She seems to enjoy country life and we enjoy her presence and society.
Winfield Courier, Thursday, July 16, 1885.
Miss Ray Rowe accompanied Miss Fanny Saunders to her home, near Salem, Friday, for a week’s vacation. Miss Carrie Cassell spent last week with Miss Fanny.
NEW SALEM PENCILINGS. “OLIVIA.”
Winfield Courier, Thursday, July 23, 1885.
Miss Rowe, of Winfield, is the guest of Miss Fanny Saunders this week.
Miss Cassell, of Winfield, visited the Misses Jackson and Saunders lately.
Winfield Courier, Thursday, September 10, 1885.
Miss Ida Bard, of Winfield, and Miss Fanny Saunders, of New Salem, are guests of Mrs. W. A. Weaverling.
J. H. Saunders, of Tisdale...
Winfield Courier, Thursday, October 15, 1885.
J. H. Saunders, of Tisdale, is marketing his 250 bushels of apples. They are as pretty as ever produced—large, uniform, and luscious. He has a hundred bearing trees, of various varieties. He gets a dollar a bushel straight for his apples. They are a splendid exhibition of what Cowley can do in horticulture.
J. H. Saunders...
Arkansas City Republican, Saturday, November 20, 1886. From Friday’s Daily.
J. H. Saunders, who resides near Winfield, is in the city. He was here attending to a real estate transaction.
Winfield Courier, Thursday, December 10, 1885.
Miss Fanny Saunders, of New Salem, is a saleslady at Goldsmith’s till after the holidays.
A GRAND SOCIAL EVENT.
The Pleasant Hour Club Scores Another Big Success in Its Annual
Bal Masque at the Opera House Last Night.
Winfield Courier, Thursday, January 28, 1886.
Miss Fanny Saunders, as “Aurora,” was a pretty star, in Swiss array, and with her blond hair, confused everybody.
Henry Saunders [Believe this was J. Henry Saunders.]
Winfield Courier, Thursday, February 25, 1886.
The Traveler says that Mr. Saunders, a sheep man from Winfield, will soon try the experiment of shipping dressed mutton in refrigerator cars, to Philadelphia, Pennsylvania. If he is successful, we may look for considerable meat to be shipped.
Winfield Courier, Thursday, March 4, 1886.
Henry Saunders shipped a car load of mutton to Boston Friday. Mr. Saunders will slaughter about 3,000 head this summer and ship them to the eastern markets.
Saunders, the sheep man...
SCATTERING “COP” DOTS.
Winfield Courier, Thursday, March 18, 1886.
Word reached Marshal McFadden, Saturday, that a colored man that works for Mr. Saunders, the sheep man, who now lives on east Eleventh avenue, had a dangerous gun of the Bull Dog persuasion in his possession, which he might do some harm with on a party whom he had taken an aversion to. The Marshal went out and got the gun, the colored man being out herding sheep, and not being in reaching distance. That colored man wants to look out or he will come next.
J. H. SAUNDERS. WICHITA, KANSAS.
[Note: Unknown if this is J. H. Saunders of Winfield and Tisdale Township.]
1891: J. H. Saunders...
Daily Calamity Howler, Tuesday, October 20, 1891.
J. B. NIPP.
THE PLAINTIFF’S PETITION IN THE FAMOUS BEER CASE.
HE SUES ON THE ACCOUNT,
And Alleges that Nipp is a Partner of the Jointest,
J. H. Saunders, A Stem-Winder.
When the Dispatch first made a note of the suit pending against J. B. Nipp, and stated some of the allegations contained in the petition, it was a great surprise to the county. Yet there were a great many of the Captain’s faithful friends who stood up on their hind legs and said the whole thing was a fraud and a blackmailing scheme. Such assertions have become more and more numerous until it is tiresome to hear some of the foolish talk that is offered as defense for the doughty candidate.
The plaintiffs petition is given in full below and so far as we know remains unanswered. If the allegations which the Dispatch published in an off-hand manner had not been denied, there would have been no cause to print the petition in full, but under the circumstances, it is unavoidable. If all the allegations cannot be sustained, Mr. Nipp will have excellent grounds upon which to sue a wealthy company for libel.
In the District Court of Cowley County:
The Julius Winkelmeyer Brewing Association, Plaintiff,
J. B. Nipp, Defendant.
The plaintiff, for its cause of action against the defendant, says: That it is, and was at the time and times hereafter mentioned, a corporation duly organized and existing under the laws of the state of Missouri. That on or about the 9th day of May, 1888, plaintiff and one J. H. Saunders entered into a contract in writing of that date wherein the said plaintiff agreed to furnish to the said J. H. Saunders keg and bottled beer and Young’s Extract of Malt in original packages and carload lots at prices therein stipulated; and the said J. H. Saunders agreed to pay for the same within sixty days after shipment.
Said contract contained at the bottom thereof and as a part thereof the following guaranty, viz:
We and each of us hereby guarantee that said vender will strictly and promptly perform all of the conditions and obligations of the above contract. [Signed] J. B. NIPP.
May 9th, 1888.
A copy of said contract with the guaranty thereon is hereby attached, marked Exhibit “A” and is made a part of this petition. Plaintiff says that pursuant to the terms of said contract and under the same and relying on said guaranty, it sold and shipped to said J. H. Saunders six car loads of beer and extract of malt in original packages between the said 9th day of May, 1888, and the first day of October, 1887, aggregating in value the sum of five thousand, five hundred and forty-seven and 72-100ths dollars [$5,547.72] and received on account of said sale and shipment of bottles, boxes, and kegs returned and in cash the aggregate sum or amount of three thousand, nine hundred and fifty-seven and 79-100ths dollars [$3,957.79], leaving a balance due and unpaid of fifteen hundred and eighty-nine and 93-100ths dollars [$1,589.93], which sum has ever since remained and still is due, owing and unpaid from the said J. H. Saunders to this plaintiff, together with interests thereon at the rate of 7 percent from the 20th day of July, 1888.
(Here follows a copy of the account marked Exhibit “B.”)
That by reason of the failure to pay the said sum of $1,589.93 and interest as aforesaid, the conditions of said contract have been broken, the conditions and obligations of the same have not been strictly and promptly performed, and the said defendant, J. B. Nipp, has become liable to this plaintiff on said contract in the sum of $1,589.93 and interest from July 20, 1881, at the rate of 7 percent per annum.
That said J. H. Saunders, whose name is signed to said contract as a party thereto and as vendee, is insolvent, and that the said Saunders has no property from which the said debt nor any part thereof can be made and that plaintiff, after the exercise of due diligence has been and is unable to recover the said debt or any part thereof from him, the said Saunders.
That the said J. B. Nipp, defendant, was duly notified and advised of the insolvency of the said J. H. Saunders and of his failure to comply with the conditions of said contract and payment of said claim was demanded of him.
And for a second cause of action against the said defendant, J. B. Nipp, this plaintiff, incorporating all the allegations and averments of the first count of this petition and making the same a part thereof, alleges:
That at the time of executing said contract as guarantor and for a long period prior thereto and for some time after the last sale of liquors mentioned in Exhibit “B” aforesaid, the said defendant, J. B. Nipp, was a silent partner of the said J. H. Saunders and was a participant in the profits in the sale of said beer and malt extract; that said partnership has since been dissolved and there is no partnership property on which to levy and the other partner, J. H. Saunders, is insolvent and a non-resident of the state of Kansas, by reason whereof the said defendant is indebted to plaintiff for the aforesaid sum of $1,589.93 and interest from July 20, 188, at the rate of seven percent per annum.
This agreement made and entered into this 9th day of May, 1888, between the Julius Winkelmeyer Brewing Association of St. Louis, state of Missouri, vender, and J. H. Saunders doing business under the firm name and style of J. H. Saunders, of the city of Wichita, state of Kansas, herein called vendee;
Witnesseth, that said parties have agreed and hereby do agree as follows:
1st. Said brewing association is to sell to said vendee its products in car load lots, keg and bottle beer, mixed or separate, at the following: Keg beer, at $8.40 per barrel; bottle beer at $9.90 per cask of six dozen quarts, and $10 per cask of ten dozen pints; $3.90 per case of two dozen quarts; Young’s extract of malt, at $10.47 per cask of six dozen quart or ten dozen pints; allowing for empty bottles returned 40 cents per dozen for quarts, and 20 cents per dozen for pints, and for empty bottled beer cases 70 cents each; all free on board at Wichita, Kansas, and said vendee shall be credited with such a number of empties as said brewing association may receive at St. Louis, in sound condition.
2nd. All freight charges on beer and malt extract are to be paid to the carriers by said vendee and are then, if they do not exceed the present rates of freight to be by said vendee charged to said brewing association. Should the present rates of freight be advanced, then such advance shall fall on said vendee.
3rd. All cooperate which may be sent by said brewing association to said vendee is to be returned by said vendee to St. Louis, to said brewing association, as son as the same is empty, and in no event later than _____ months after its shipment to said vendee and if not so returned within said time, then and in that event, said brewing association may at its option, declare the value thereof, a debt against said vendee at the following prices: $1.25 for each quarter, eight, or half barrel. The freight on all such empty cooperage as may be returned, is to be paid by said brewing association.
4th. All goods shall be paid for within sixty days after shipment, and should more than three cars be shipped within said time, then and in that event, said vendee shall pay for the first car load when ordering said fourth car load, and so on throughout the duration of this contract. This paragraph is to be so construed as not to allow said vendee organizing arrears in payments beyond the price of three car loads of goods at any one time.
[PAPER MANGLED...HARD TO READ ABOVE PARAGRAPH.]
5th. This contract to be in force for one year from date during which time said vendee agrees to sell no other beer than that manufactured by said brewing association and said brewing association agrees during said period, to sell no beer at all in the following territory: (none stipulated).
6th. All wagons and other property not expressly sold and which may be furnished by said brewing association to said vendee, shall remain its property and the same is to be returned to it at the expiration of this agreement, in the same condition in which said property was received, usual wear and tear excepted.
7th. Any failure on the part of said vendee to strictly adhere to and comply with the terms and conditions of this agreement shall at the option of said brewing association, work a forfeiture of the expired portion of this contract.
Witness our hands in duplicate, this 9th day of May, 1888,
[Signed:] JULIUS WINKELMEYER BREWING ASSOCIATION,
per John Gecks, traveling agent.
[Signed:] J. H. SAUNDERS.
We and each of us hereby guarantee that said vendee will strictly and promptly perform all the conditions and obligations of the above contract.
May 9th, 188.
[Signed:] J. B. NIPP.
Plaintiff says that on or about the 1st day of January, 1890, it sent the original contract with guaranty attached signed by said J. H. Saunders and the defendant J. B. Nipp to one W. D. Halfhill, an attorney of Winfield in said county of Cowley in the state aforesaid; that the same was duly reacknowledged by the said Halfhill, who duly presented the said claim to the said defendant, J. B. Nipp, and demanded payment thereof which was refused. That said Halfhill duly notified said Nipp of the insolvency of said Saunders and of his failure to pay plaintiff’s claim and that plaintiff looked to the defendant for the payment thereof; that no other or further steps were taken by the said Halfhill, as plaintiff is informed and believes, toward the collection of the same while in his hands and that when plaintiff demanded a return of said papers the same was, by the said Halfhill, reported lost and plaintiff has ever since said date been unable to recover the same from the said Halfhill, who now appears to be and represents himself as the attorney of the said defendant, J. B. Nipp.
Plaintiff says that the said copy of contract attached hereto as Exhibit “A” is a correct copy of the original, lost as aforesaid. Therefore, plaintiff prays a judgment against the said defendant, J. B. Nipp, for the said sum of $1,589.93, with interest at the rate of 7 percent from the 20th day of July, 1888, and the cost of this action.
BEACH & TORRANCE, Attorneys for Plaintiff.
(Filed in district court Cowley County, August 15, 1891.)
Daily Calamity Howler, Thursday, October 22, 1891.
The “great prohibition,” and you might add, religious daily, characterized the whole thing as a political canard of the rottenest kind several weeks ago and that is all there is to it, except that a brewer would like to bleed Captain Nipp for a few hundred dollars while he is running for sheriff. If our poo poo patriots will take the trouble to look at the petition or affidavit which they published a few days ago, they will readily see that some vigorous lying was done by the parties who prepared and signed that document. If, as they say, they exhausted every means in trying to get the money out of Saunders, and having failed now come on to Nipp whom they allege was a partner, it shows they were either great fools or liars, because if Nipp was a partner of Saunders, they would certainly have brought suit against him and Saunders jointly. The alleged bill is now nearly four years old. During all of that time Captain Nipp has been a resident of this county and within easy reach of Mr. Winkelmeyer, or his agents. The fact is, it is a damnable scheme, hatched up to assist old Calamity Jane in securing a position for Cochran, the wrecker of the alliance store. Traveler.
Daily Calamity Howler, Thursday, October 22, 1891.
We had an idea all along that the old Traveler man would undertake to lie out of in that way and were prepared for him. Please read the following and see if the thing was a trumped up affair to bleed the great-and-only-goody-good J. B. Nipp, just on the eve of election.
I, T. G. Risley, Clerk District Court, Logan County, Oklahoma Territory, do hereby certify that the suit of Julius Winkelmeyer vs. J. H. Saunders & J. B. Nipp was filed in my office in the city of Guthrie, on the 28th day of August, 1890, and was dismissed by plaintiff’s attorney on the 5th day of October, 1891, and that all pleadings in said case were withdrawn by plaintiff by permission of court and are no longer on file in this office.
Witness my hand and the seal of said court this 21st day of Oct., 1891.
[SEAL] T. G. RISLEY,
by S. K. VAN VOORHEES, Deputy.
This shows that it was filed more than a year ago and was finally brought here in order to get service on defendant, J. B. Nipp.