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The First Murder in Dundy County

Printed in the Dundy County NE Pioneer, July 1887

Old Cowboy Resorts to Law of the Range in Settling Imaginary Grievance Against His Neighbor

On Monday morning at about 9 o’clock four pistol reports were heard while we were sitting in our office, said the Pioneer editor. The facts as we gathered them upon the preliminary examination were as follows: Charles H. Richards met George McFarland on the walk near the barber shop and accused McFarland of injuring his dog. McFarland walked away from Richards smiling and after taking a step or two he turned around and saw Richards draw a pistol from his pocket when McFarland made for him, either with the intention of taking the pistol away from him or of striking him or to grasp his pistol. At the same time Richards pulled the trigger and shot twice, then the parties clinched and fell to the walk with McFarland on top. During the scuffle McFarland got possession of the pistol and fired two shots into the ground. McFarland then got off him and walked a few steps when he started to fall and was caught by a bystander and laid down. He was then taken to the residence of John Reynolds where an examination was made by the surgeon in attendance who said that McFarland would die from the effect of two pistol balls which entered his abdomen. Richards was placed in jail pending the results of the wounds.

Editors Note: While collaborating with Homer Bowers in preparing a pioneer story for my "Random Thought" column a few years ago, he told me of the above affair. He said that he knew both men and likewise knew who had mistreated Richards' dog and that it was not McFarland at all. However, he said that Richards, who was a homesteader on the South Fork, and McFarland were none too friendly and this was the basis for Richards' suspicions. Richards, who was well along in years then, was sent to the penitentiary for life but was released shortly before his death when his health had failed him and he died shortly thereafter.

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Printed in the Benkelman, NE Post, 

Installment LVIII "Down through the years"

(not sure of the exact date this was written)

by Pat Ketler, Editor

Sometimes as I look over these old newspaper files and come upon names of persons or events which figured in early day history, I wonder if my readers would be interested in it, and further, if it is all worth while. And then comes the thought that after all, the reason for this effort in assembling and writing all these events of the past is to record such history in modern day print so that they might be preserved for future generations.

And so with that in view I am giving you the trial of Charles H. Richards for the murder of George McFarlan which occurred in Benkelman in July, 1887, which was recorded in the old Dundy County Pioneer in its issue of July 7, 1887, although it will be condensed because the Pioneer used a full page in recording the facts of the tragedy. It was the first murder trial ever held in Dundy county and lawyers involved in both prosecution and defense were the tops of the crop in Southwest Nebraska's legal history. And so from now on, I am quoting in part from The Pioneer:

"Last Thursday noon Judge Gaslin opened the adjourned session of District Court for Dundy county for the purpose of trying Charles H. Richards for the murder of George McFarlan on the morning of February 7th, 1887. The first move was by the defense with number of motions and prayers for a continuance, etc. which were promptly overruled. The impaneling of a jury next proceeded with over 125 persons being examined for jury service before the jury box was filled, it requiring Thursday afternoon and night and Friday forenoon to fill the panel. After the jury was impaneled, the examination of witnesses was begun and continued Friday afternoon and night and up to Saturday afternoon at 1 o'clock.

"Witnesses examined were Fred C. Woods, H. B. Short, King D. Carter, Alonzo Welch, H. Vantuyle, W. Z. Taylor, G. W. Deleware and Hannah Goodwin. These were all witnesses for the state. Witnesses for the defense were F. J. Kidder, Walter Williams, E. W. Reed, James S. West, A. G. King, 0. L. Allen, Fred H. Lyle, J. Y. Winnings, L. L. West and Charles H. Richards, the defendant.

"There was little conflict in the testimony of either state or defense witnesses and the whole story was pretty much told in the testimony of Fred C. Woods, first witness called for the State, who, being duly sworn and examined chiefly by Attorney Thompson, testified in substance as follows:

"Reside in Dundy county where I have lived since March a year ago. I was acquainted with both defendant Richards and the deceased, George W. McFarlan; on February 7th was in his barber shop and Richards came in and passed the morning as he had been in the habit of doing; during the talk witness said to the defendant that he wished it was so that he could get square with the world to which the defendant remarked, ‘Thank fortune, I'm even with the world. I ain't got a dollar in the world and no way of making a dollar' and was continuing in that sort of sort of conversation. Defendant’s dog being present witness was told of the occurrence of the turpentining and defendant said: 'There are a couple of young men in this town and I am going to tell them just what I think of them and they can take it just as they d--n please.' Said they were George McFarlan and Ralph; never knew any other name for the boy. Soon after the defendant left the shop I heard him say: 'Hello, you are one of the chaps I wanted to see this mornng.' This was said to George McFarlan. The witness said that he heard something about turpentining the dog and McFarlan said he didn't have a thing to do with it and then the fuss commenced with swearing and cursing back and forth between the two men and McFarlan again said he didn't turpentine the dog and then the defendant replied by saying: 'You are a g--d liar. Thereupon McFarIan continued to try to convince Richards that he had nothing to do in abusing his dog at all which defendant disputed and the blows were given. They were standing between Williams' saloon and the front of the bank when witnesses first saw them. McFarlan kept backing away from defendant and said, 'you are too old aman-that he didn't want any trouble with him,' but Richards says ‘no matter about my age' or something of that kind and finally the son of a b---h passed and McFarlan then turned on the defendant who jerked out a revolver from his pocket and struck at McFarlan. McFarlan grappled for Richards' arm, went past his head knocking his hand up on one side. Just at this time Richards shot twice, with McFarlan striking at the same time, hitting him someplace in the face. Defendant had his hand in his overcoat pocket and never drew it out until he drew the gun. Witness saw the pistol. It was drawn at almost the same instant that McFarlan struck hi m. Witness next saw McFarlan lying in Williams' saloon. Then he was carried past his shop on a stretcher and later at John Reynold's where he was carried. McFarlan died at about 1:55 on the morning of the 8th of February, 1887.

"After the fatal shots had been fired, McFarlan said to Richards: Old man, you have killed me.' There were two bullet wounds, one below the navel and the other just above."

"After the other witnesses were heard, preparation was made for and they in company with the sheriff, retired to the jury room to reach a decision on the most important case in Dundy county's history. However, as it was supper time, most of the spectators went home for supper and waited for the verdict which they thought would be about 11 o'clock but at half past eight the jury returned their verdict to the judge, who read it as follows: State of Nebraska vs. John H. Richards, ss. 'We the jury in this case, do say that the defendant, Charles H. Richards, is guilty of murder in the second degree,' whereupon Judge Gaslin sentenced Richards to the state penitentiary for the rest of his natural life, following which the prisoner resumed his seat saying, `It would just as well have been for one year as for life as I will only live a few months anyway."

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The Killing of George McFarland

by James Gorthy

Related to E. S. Sutton

July 27th, 1939
George was a wonderful fine chap, a greenhorn from Iowa that had come out West to homestead. He took a claim near my place on the South Fork. Both of us got jobs in Benkelman.

George landed a job in the livery-barn run by old man Richards. The Richards were hot-headed, gun-toters from Texas, as were many of their associates, and all of them were on the shady-side of things.

For some reason, considerable friction developed between McFarland and Peg Richards, the son. It would have been an unanswerable wonder had it been otherwise. Peg was a sneak, an underhanded coward, and there were few, if anything, dirty that he would not stoop to. While on the other hand McFarland was an upright young man, an industrious youth.

Things came to a head one day. Peg became unsufferable in his remarks and insinuations. One word brought on another and finally George had his"say-so". There was nothing over which offence could be taken in what George said, but it was the excuse Peg wanted, and he came at McFarland with a knife. George laid Peg out with a single-tree.

The Old Man went wild and it became known among the boys that he was going to get George, although the friends of George didn’t know about it.

Bill Hill came from the same part of Iowa as did George. Two weeks prior to the trouble he had plead with George to leave the country. George said he had harmed no one, that he liked the country, and he was going to stay. Bill told George that the Richard gang was going to get him sooner or later, they would find some excuse whether it was right or wrong, and if one of the men did not get the job done, another one would. George just smiled and said he guessed he would stick around as he never saw a Richards he was afraid of, and for that matter, had never seen anyone else he was going to leave the country for.

Some of the gang turpentined Richards dog and then whispered it around that George had done it.

This was the very excuse Old Man Richards was looking for.

George was at the "Dew Drop Saloon" (the present building used by Cox's

second hand store) and it was there that Old Man Richards met him and without warning fired two slugs into the boys body at close range. George dropped on the walk and was immediately taken to the George drugstore for medical attention, but he died within 30 minutes.

I arrived at the livery stable as they were carrying the boy into the office.

For a dastardly, cold-blooded, and unexcusable murder, the killing to George McFarland was the tops. Richards was sent to the pen for a stretch of 5 years, but the cattlemen, many cf whom were in the "take-off" game and needed Richards help, got him parolled in about two years.

Source: 6






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