The Salubrious Soil of Newton’s Boot Hill

Kristine Schmucker, HCHM Curator

Part 1 of 2

For Part 2 Buried with Their Boots On

One of the prevailing stories in Harvey County relates to the existence and location of a “Boot Hill.” The time period between May 1871 – February 1872 was a time of violence in Newton, Ks. The number of fatalities for this time can vary wildly, often with no actual facts to back the numbers up.

What happened to the victims? Stories tell us these unfortunate men may have been “buried with their boots on” at a location at the southeast edge of town, Newton’s own “Boot Hill.”

Boot Hill: Newton’s First Cemetery

The location appears to have been common knowledge in 1880s.

The earliest local reference found so far is from the Newton Kansan 27 May 1886, which mentions the “first cemetery . . this city ever had was known as ‘boot hill’ and was located on the south side of east First street, just before reaching the dry creek bridge.”

Newton Kansan, 27 May 1886.

The brief notice concludes with the statement that “all the bodies that could be found were removed from there to the present cemetery or elsewhere in the fall of 1873.” This supports the idea that the bodies were moved to Greenwood quite early.

A month later the Newton Daily Republican made the following observation:

Newton Daily Republican, 28 June 1886.

The Salubrious Soil of Booth Hill

In 1887, the Newton Daily Republican noted an error in reporting related to the November 7, 1872 shooting of George Halliday. Halliday died of a gunshot wound inflicted by M.J. Fitzpatrick on November 7, 1872 on Newton’s Main Street.  In turn, Fitzpatrick was fatally shot by Marshall Johnson. The newspaper editor reported that Halliday’s “remains were removed from their first resting place in the city cemetery and interred in the Masonic grounds in the same cemetery.” This would have been the newly established Greenwood Cemetery on East 1st.

The editor clarified that “it was Fitzpatrick . . . who was given the extemporaneous burial in the salubrious soil of Booth Hill.” He explained Boot Hill was a place reserved for “the mortal remains of men who had been distinguished ‘holy terrors’ . . . that could be honored by an insertion in that classic clay.”  In contrast, Halliday was “a good man and was buried with great honor and respect in the city cemetery.”

Newton Daily Republican, 24 November 1887.

George Halliday (1837-1872) Greenwood Cemetery, Newton, Harvey County Ks. Photo courtesy K-JWall.

Another question surrounding Boot Hill is the number of burials.   Not all accounts agree on the numbers of men killed in 1871-72.  Judge RWP Muse, who was in Newton during this time is probably the most reliable source.

“Twelve in All”

In his History of Harvey County: 1871-1881,  Muse related that  3 men were killed between June and August 1871.

 “June 16, 1871Snyder shot and killed Welsh, in front of Gregory’s saloon, both were ‘cow-boys.’ A few days later Johnson killed Irvin in the Parlor Saloon.  His pistol accidentally discharged . . . About the 1st of August, a young man, named Lee (some 20 years of age) was shot and killed in one of the dance-houses in Hyde Park, accidentally, it is claimed.”

In his account of  the General Massacre on August 20, Muse mentioned only 3 men as fatalities, noting that at least three others, “whose names we have forgotten,” were wounded.  His  retelling of the story leaves out the August 11, 1871 shooting death of Billy Bailey that served as a trigger for the shoot out in Tuttle’s saloon.  Muse recounts 6 more violent deaths from September 1871 to February 1873.

Muse concluded that “instead of forty or fifty having been murdered in Newton, during this terrible period of lawlessness, there were but twelve in all and two of these  were killed accidentally.” Muse does not  identify where the men were buried.

“Burying Ground  Known as “Boot Hill”

The cemetery is again mentioned in 1890 when a house near “boot hill” “burned to the ground,” cause unknown.

Newton Daily Republican, 23 April 1890.

Boot Hill  was identified as Newton’s first Cemetery in the Evening Kansan Republican, 27 October 1903.

Evening Kansan Republican, 27 October 1903.

“Newton City’s first burying ground was known as “Boot Hill” it was located on First Street just east of the Missouri Pacific railroad on the south side of First Street, the first interment was made along some time in June 1871.”

The 1903 article gives a much higher number of burials than Muse, stating that there were “thirty-two interments, only two had died a natural death, others had died with their boots on,” setting the stage for stories and legends to grow.

No records have been found that document who was buried in the earlier cemetery or even how many burials.

Greenwood Cemetery

Established in 1872/73,  the land for Greenwood Cemetery was purchased from H.L. Langan in July 1873 for five hundred dollars. The original  forty acre plot was located in the southwest quarter of the southeast quarter of section 16, Newton Township. At that time, the burials at the Boot Hill location were moved to the new cemetery.

In part 2, how the legend, and numbers, grew.

Sources

  • Muse, Judge RWP. History of Harvey County:1871-1881. 1881.
  • Bowman, Mrs. C.S. “Organization of Harvey County” typed manuscript, October 7, 1907, HCHM Archives, HCHM, Newton, Ks.
  • Mayer, Henry. “Early Days — Newton & Vicinity” typed manuscript, February 29, 1908, HCHM Archives, HCHM, Newton, Ks.
  • Reese, Mrs. John. “Boot Hill In Newton.” type written manuscript of the oral interview of Mrs. John Reese by Eldon Smurr, March 24, 1961, HCHM Archives, HCHM, Newton, Ks.
  • Schroeder, Irene.  Early Days in Newton.” typed manuscript, October 1970, HCHM Archives, HCHM, Newton, Ks.
  • Stewart, C.H. “Main Street Sixty Years Ago” typed manuscript, n.d. HCHM Archives, HCHM, Newton, Ks.
  • Newton Daily Republican, 24 November 1887, 23 April 1890.
  • Evening Kansan Republican:   27 October 1903, 1 February 1912.
  • McMannis, Darren. e-mail correspondence, 18 December 2012.
    • Elk County Advocate, Ridgeway, PA, 9 May 1872, p. 1.
    • Daily Phoenix, Columbia, South Carolina, 11 December 1872.
  • Stucky, Brian. “Newton Boot Hill Exploration” 22 December 2012 research notes, HCHM Archives, HCHM, Newton, Ks.
  • http://www.newtonkansas.com/departments-services/parks-and-cemeteries/greenwood-and-restlawn-cemeteries

A Photo Album: 519 Main, Newton, 1879-1992.

by Kristine Schmucker, HCHM Curator

With the recent crumbling of the front facade of the building at 519 Main, Newton, and the discussions of how to proceed, we thought it might be of interest to take a look back at the building at 519 Main.

Probably the second oldest photo in the museum’s collection of Newton’s Main Street. Taken in 1879-1880, the photo is of the west side of the 500 Block looking south.

500 Block Main, Newton, 1879-1880

Opera House

Recent research has also revealed that an earlier Opera House was located at 519 Main.

519 Main, Newton, Kansan 50th Anniversary Edition. 1922 
Sprinkler’s Furniture & Undertaking

519 Detail
Opera House 1878

Parades

Although the photographer meant to focus on floats and bands, a lot of clues can be gathered from parade photos.  From 1900 on through present day, these photos highlight a changing Main Street.

1901

West side of Main, 1901. Western Journal of Commerce, 1901.

1911

500 Block Main, Newton, Ks , 1911

1921

519 Main, second floor visible in background, 1921.

1941

500 Block Main, 1941.

1957

500 Block Main, 1957.

1963

500 Block Main, 1963.

1965

500 Block Main, 1965.

1977

500 Block Main, 1977.

1992

500 Block Main, 1992.

 

 

 

 

“The Most Bloody Affrays”

by Kristine Schmucker, HCHM Curator

After the shooting of Deputy Sheriff Carlos B. King in the fall of 1871, the violence in Newton calmed.  Most of the businesses associated with the earlier violence had moved on with the cattle trade. With incorporation of the city and the creation of Harvey County, came order and laws. However, the community would be shocked once again in November 1872 with “one of the most bloody affrays.”

Just before closing, the editor of the Newton Kansan received news of a violent morning on Newton’s Main street.

“Before closing for press this morning one of the most bloody affrays, within the limits and before the eyes of an enlightened community took place in this city. . . We have to chronicle the murdering of Geo. Halliday, Esq,  well know and highly esteemed and  prominent citizen of this city.” 

The man accused of the murder “one of the most murderous and wicked men in the country, especially when under the influence of . . . liquor” was Mike (M.J.) Fitzpatrick.

“Ordinarily Good Friends”

On the morning in question, George Halliday was at James Gregory’s Gold Rooms Saloon, 515 Main, Newton.  Even at the early hour of 10 am, he was reportedly intoxicated.

500 Block, Main Street, Newton, Ks in 1879, Showing the location of the Gold Room Saloon. This photo was taken 7 years after the Halliday shooting.

At the same time M. J. Fitzpatrick “had been upon a drunk for perhaps two weeks” and as a result “that wicked nature of his had began to overcome his senses.”  The previous evening, he had “hunted several parties of his associates with pistol in hand to kill them” with no success. This was his mood when he entered the Gold Room Saloon at 10 am and saw his friend, George Halliday.

Some comment passed between the two men that “were ordinarily good friends.” Whatever was said caused Fitzpatrick to strike Halliday on the head with the revolver “at the same time he pulled it down to his breast and miss fired once, pulling it again and it was discharged, killing Mr. Halliday almost instantly.”

“Put an End to his Existence”

Following the shooting, Fitzpatrick “walked into the street defying any person to attempt to touch him. Crowds of men immediately rushed to satisfy themselves  as to the affair and in two minutes fifty men ran for firearms and swore him to death.” 

The City Marshall, Jack Johnson, did attempt  to arrest Fitzpatrick, “who immediately drew the revolver on him.”  At which time, Johnson “calmly surveying the situation . . . crossed the street, borrowed a Henry rifle and in another minute put an end to his existence . . . in front of Hamill & Co store.”

“Ordered  to Leave Town and Never Come Back”

Within fifteen minutes of the shooting, a committee was formed to search out  “several hard cases  . . . and ordered them to leave town and never come back.” 

“There Lying Dead”

At the same time a Coroner’s Inquest was convened with John Reid, Justice of the Peace of Newton Township, Harvey County, Ks as the acting coroner. Twelve men, six for each case, were called as jurors.  In the case of Fitzpatrick, the jurors included D. Hamill, who owned Hamill & Co located “first door north of the depot” where Fitzpatrick lay dead. Seven witnesses were called. After hearing the statements the jurors, “at the body of M.J. Fitzpatrick, there lying dead”  decreed that Fitzpatrick “came to death from a gun shot wound, in the hand of a lawful officer whose attempts to arrest him” failed.

The cost of the Inquisition was $16.15.

Testimonies and statements were also taken related to the death of George Halliday for the consideration of the six jurors. Five witnesses were called to describe the events of the morning.

It was ruled that his death was caused by the actions of M.J. Fitzpatrick. The cost for the Halliday Inquisition was $14.65.

 

George Halliday, Attorney at Law

The same paper that reported his death included a small notice advertising his services as an Attorney at Law and real estate agent.

Newton Kansan, 7 November 1872

Active in the public since his arrival in Newton in 1871, George Halliday was well known in Newton and his former home, Topeka.  Shortly after his arrival in Newton, Halliday was appointed justice of the peace following the resignation of Judge C.S. Bowman on August 31, 1871.   On February 29, 1872, he, along with R. M. Spivey, was instrumental in the organization of Harvey County, introducing bill H.B. 504 which created the new county. Just seven days prior to the fatal encounter, Halliday was listed as a Republican delegate from Newton.

Gravestone in Greenwood Cemetery, Newton Ks.

Born in Scotland in 1837,  he married Jennie Roe on November 5, 1871 in Kansas.   Halliday was held “high in the esteem of his neighbors.” 

Mike “M.J.” Fitzpatrick

Although newspapers from the time do not reveal a great deal about M.J. Fitzpatrick, it is apparent that he was known in Newton.  The August 22, 1872 Newton Kansan lists M.J. Fitzpatrick among men gathered to form a “Grant & Wilson Club.” 

Newton Kansan, 7 November 1872.

The November 7, 1872 newspaper that detailed the shooting also announced the formation of the Newton Hook & Ladder Fire Co the previous evening; among those elected to positions, M.J. Fitzpatrick, foreman.

What happened to cause M.J. Fitzpatrick to go on a drunken rampage on a week day morning and shoot a friend dead remains a mystery.

“One of the Best Days . . “

The editor of the Newton Kansan concluded:

“While we lament the death of Mr. Halliday, we believe this has been one of the best days our thriving young city has ever seen. Our respectable and law-abiding citizens have taken the matter into their own hands, and will see that hereafter Newton shall give no shelter to men who live by murdering and robbing good people, but shall win that reputation near and far that shall be to it an honor not a disgrace.”

Sources:

  • Harvey County Coroner’s Reports, Box    File Folder 01.04 HCHM Archives, Newton, Ks.
  • Newton Kansan: 22 August 1872,  5 September 1872, 31 October 1872, 7 November 1872, 14 November 1872,21 November 1872,  27 March 1873, 7 April 1873.
  • The Weekly Newton Democrat: 15 November 1872.
  • Daily Commonwealth: 25 February 1871,  31 August 1871,  5 November 1871, 29 February 1872.
  • Daily Beacon: 7 November 1872.
  • Wichita Eagle: 14 November 1872, 28 November 1872.
  • Topeka Weekly Times: 18 January 1872, 25 January 1872, 1 February 1872, 7 March 1872, 14 March 1872, 30 May 1872, 2 June 1872, 14 November 1872.
  • Weekly Commonwealth: 13 November 1872.