LEVI ODENEAL

Clinton Co., MO Wills and Administrations Books A & B 1833-1865

    Know all men by these presents that we Elizabeth Odineal as principal and Samuel Son and Granville Linville his securities and held and bound unto the State of Missouri in the Sum of one thousand dollars good and lawful money for the true and faithful payment of which we bind ourselves firmly and jointly by these presents.

    The condition of the above obligation is such that the above bounden Elizabeth Odineal has this day been duly apointed guardian of Johnson Odineal, Bartholomew Odineal, Nancy Odineal, Mary Odineal, & Thomas H. Benton Odineal, heirs in law of Levi Odineal deceased.  Now therefore if the said Elizabeth Odineal guardian as afoursaid shall fully discharge the duties relating to the estate afoursaid as guardian according to law then this obligation shall be void else to remain in full force.
 Signed and acknowledged this 1st day of Oct 1838.

Elizabeth Odineal (seal)
  Attest
  Sollamon Kimzey
  Granville Linville  (seal)
  Samuel Son (seal)
 

 Nancy was born about 1829  and Bartholomew (Barton) about 1830, both, in Cole Co., MO.  In the 1850 MO census they are living in Kansas Twp, Jackson Co., MO.  No other records have been found on these two children.
 

Thomas Hart Benton Odeneal photo compliments of Photographs Dept Oregon Historical Society 1200 SW Park Ave. Portland, OR 97205-2441

    Thomas was born about 1834.  It seems he left his mark in Oregon from the following accounts provided by Linda Guthrie, corresponding Secretary for “Willamette Valley Genealogical Society.”

From “Pen Pictures of Reprsentative Men of Oregon, 1882.  pg  XXV

HON. T. B. ODENEAL

     Came to Oregon in 1853, crossing the plains in what was known as the “Boy train”-nine in number, ranging, in age from eighteen (Thomas’ age), and the oldest under twenty-one.  Hon. William Waldo, now State Senator from Marion, was senior, and captain of the company.  Arrived in Salem on the 27th day of September, after a journey of five months and seven days, and commenced working for Hon. Asahel Bush, in the “Statesman” office, the next day.  Was Chief Clerk of the House of Representatives of the Oregon Legislature at the session of 1855-6.  Was elected and served as Clerk of Benton county from 1856 to 1860, and in that year was admitted to practice at the bar. He founded the Corvallis “Gazette” in 1863, and published the same until July, 1866.  Served as County Judge of Benton County about two years by appointment from Governor Gibbs, and four years additional by election, term ending in 1870.  Was appointed Assistant Assessor of Internal Revenue in 1870, for the division embracing all the counties of Oregon south of Clackamas and Washington; served until April, 1872, when the position was resigned to accept the office of Superintendent of Indian Affairs in Oregon, which was held until abolished by act of Congress September 1, 1873.  Was appointed Clerk of the Supreme Court on the 1st day of August, 1880, which position he still holds.

 From “History of the Willamette Valley, 1885”  pg 814,

T. B. ODENEAL

 Crossed the plains in 1853 with the “ boy train,” whose members were all under the age of twenty-one.  Worked for Asabel Bush, proprietor of the Statesman newspaper.  Was clerk of the House of Representatives in 1855-56, was clerk of Benton County from 1856 to 1860, and in the latter year was admitted to the bar.  Founded the Gazette newspaper, of Corvallis, in 1863 and was it., publisher, until 1866. Served six years as county judge of Benton County, ending in 1870. Served two years as assistant assessor of internal revenue.  In 1872 was appointed superintendent of Indian affairs in Oregon; office abolished in 1873.  Became clerk of the Supreme Court of Oregon in August, 1880, and held that position until the fall of 1884, when be resigned.

 From “FATHER WILBUR AND HIS WORK  pg 23

 Wilbur had the confidence of the authorities at Washington, and in 1873, during the Modoc Indian war, he was appointed peace commissioner with A. B. Meacham and T. B. Odeneal, Charged with the duty of attempting to negotiate a treaty of peace with the Modoc Indians. They were to meet at Linkville, February 15, 1873, but Meacham declined to serve with Odeneal or Wilbur, or either of them, and Jesse Applegate and Samuel Case were appointed in their stead. At that time Wilbur was Indian Agent at Fort Simcoe.  Applegate accepted his commission, but subsequently resigned, and he characterized the peace commission as “an expensive blunder..”  It is enough to say that it failed in its mission, and there are those who believe that if Wilbur had been allowed to serve with Meacham, his knowledge of Indian character would have enabled him to negotiate the peace treaty, and would have avoided the subsequent treachery of the Modocs and the murder of General Edward R. S. Canby.

 From “FLORA BELLE LUDINGTON,”  pg 254

 PORTLAND DAILY BULLETIN.  Establshed in 1870 by Ben Holladay. He was succeeded by James O'Meara, H. W. Scott, and T. B. Odeneal. Under the management of Odeneal it suspended in October, 1875. The Bulletin proved to be one of Holladay's many and expensive ventures in Oregon.

 From “OREGON NEWSPAPERS 1846-70,”  pg 235

CORVALLIS

 CORVALLIS GAZETTE. First Benton County Republican paper started in 1862. The editor, was T. B. Thomas Hart Benton Odeneal Odeneal who had been won to the party by Lincoln. W. D. Carter was editor in March, 1869.
 DEMOCRATIC CRISIS.  Formerly the Occidental Messenger but was first issued under this title February 2, 1859.  T. B. Odeneal, the editor, traded this paper for J. H. Slater’s store resulting in the publication of the Oregon Weekly Union.
 OCCIDENTAL MESSENGER. Financed in June, 1857, by J. C. Avery, the founder of Corvallis, and known as “Avery’s Ox.” For editor Avery imported L. P. Hall and chose as compositors Stephen Gillis, and Fred Russ. Hall resigned to be followed by T. B. Odeneal, who later issued the Democratic Crisis. The Messenger was the ne plus ultra of slavery propaganda in Oregon.  A more radical vehement and defiant advocate of slavery could not be found in North Carolina.

 T. B. was married twice first to Elizabeth F, Coyle, April 29, 1857 in Benton Co., OR, there is no record of children to this marriage.  It is not known what happened to her, but on Sept. 1, 1859 he married America Mulkey in Benton Co., OR.  She also was born in MO about 1839.  They had $2,050 in real estate and $500 in personal property.  Thomas was the last Superintendant of Indian Affairs in he Oregon Territory and was one of the people that met with Chief Joseph.

From “Full Context of California and Californians, Vol. 2” account of the Modoc War.

 “In the meantime they heard that the soldiers would be after them soon. Indeed, the peace policy of Meacham was followed by the more aggressive policy of T. B. Odeneal, who succeeded him as Superintendent of Indian Affairs for Oregon. He received instructions from Washington to move Captain Jack and his band of Modocs to the Klamath Reservation, "peaceably if he could, but forcibly if he must " The sad sequel is almost without parallel in the annals of California.
 On November 17,1872, Tobey Riddle (Wi-ne-ma, "the woman of the brave heart;" mounted her bay mare at Yreka and after a hard ride of fifty-eight miles was among her people. They noted her fired and anxious look and asked what was the matter. After overcoming her grief, Tobey replied:
 The soldiers will be here tomorrow. I rode hard in order to reach you people. What I want to tell you is this: "Do not resist the soldiers. Do not offer fight; if you listen to the officers, you people will not get hurt. Go back to the agency. You all know John Schonchin's brother and my brother, Charley. All their people are living at Yainax, and no one bothers them. They are Modocs. Go to Yainax, where the other Modocs are. You will be safe if you take my advice, but if you fight the soldiers, all of you will be killed."
 Mounting her trusty animal, she said farewell to Captain Jack's people and sped on to her own folks at the present site of Bonanza, Oregon, with the tidings that the soldiers would be after the Modocs on Lost River on the morrow. On that short November day the brave-hearted Indian woman rode about seventy-five miles, a feat which, with many subsequent deeds, won for Wi-ne-ma "a place in history which can never be disputed. "
 [p.355] The thrilling details of the Modoc War can not be told here. There is a strange blending of pathos and tragedy, an incongruous mingling of the best and the basest in the human heart. We must content ourselves in this history with a mere resume’ of what actually happened.
 Captain Jack's men warned the white settlers of the soldiers’ coming, asking them to stay at home, agreeing not to molest them if they refrained from taking part with the troops. It must not be regarded strange that under the special provocation they did not literally keep their promise. They paid a terrible penalty at the hands of the savages. Capt. James Jackson proceeded directly to the Modoc camp, taking the Indians by surprise.
 When they were ordered to lay down their arms, all complied, after some hesitation, except Scar-Face Charley, who refused to give up his pistol. Jackson ordered a lieutenant to disarm him, which precipitated a clash between the two, and the parley was suddenly changed into a battle, which continued for three hours. There was bloodshed on both sides; all hope of peaceful settlement was for the time abandoned. The Modocs, at the order of Captain Jack, with their families, ponies and other property, started without delay for the lava beds to the southwest of Lake Rhett. Seldom have soldiers or savages had stronger fortifications than those afforded the fierce Modocs by the deep caves, guarded by jagged rocks and ledges, of the lava beds. The cost of dislodging a small band of fierce warriors from such a fort was indeed frightful.
 On January 17, 1873, Lieut-Col. Frank Wheaton advanced, supposing it would be easy to drive out the redskins. The soldiers fired volley af ter volley into the rocks and fog to no effect; the Indians, concealed behind rocks and natural breastworks, poured a deadly fire into the charging Americans, who were quickly compelled to retreat, suffering a stunning loss of thirty-five dead besides a number wounded. When Captain Jack called his men together that night at the war- dance fire, not one was missing. There was fierce glee in camp. Shaknasty Jim boasted that he could "stand off twenty of them volunteers now" with his fine Henry rifle and plenty of cartridges.
 page356
 Again the idea of a peace commission was advanced. It was urged that more could be accomplished by parley than by war, political confusion and military mismanagement had already taken a frightful toll. A few days laterthe peace commission was constituted, with Alfred B. Meacham, then in Washington, as chairman. Arriving at Fairchild's ranch on February 19, 1873, he found the other members, Jesse Applegate and Samuel Case, awaiting him. Gen. E R. S. Canby was counsellor to the commission. After some negotiation, Captain Jack, realizing that his was a losing fight, sent word that he was willing to proceed with the peace councils. Canby was assisted by Rev. Eleazer Thomas and Leroy S. Dyer, recently appointed to the commission. A compact was entered into to the effect that so long as the peace councils continued no act of war would be committed on either side. Meanwhile Canby moved camp to [p.356] the edge of the lava beds, only a mile and a half from the Modoc stronghold.
 A council tent was pitched between the opposing camps, care being taken to locate it in full view of soldiers'signal station. Wi-ne-ma and her husband, Frank Riddle, warned Meacham and Canby that the Modocs meditated treachery, intending to kill the commissioners at the next council. Canby refused to credit what seemed so preposterous a report and in due time the council opened. But the fateful decision had been reached at the war council of the Indians, when Captain Jack finally promised, despite his alleged earnest protestations against such a course, to kill Canby. That promise, forced from him by his blood-thirsty warriors, who placed a squaw’s hat on his head and taunted him as a coward and fish-hearted woman, spelled doom for Captain Jack.”
   In 1873 Thomas Benton Odeneal wrote a report about the Modoc Indians War at the request of Washington D C.  It seems from the report that the Californians and the government saw the Modoc matter much differently.  He was the last Superintendant of Indian Affairs in Oregon.

From “Benton County History, 1885,”
pg 336

 The first newspaper published in Benton county was the Oregon Statesman, by Asahel Bush, in 1855, during the short reign of Corvallis as the State Capital. Subsequently several others were started and after surviving for a time succumbed to the inevitable. That which has stood the test of time the longest is the Corvallis Gazette, a special history of which, with the other publications in the county, will be found elsewhere. That newspaper was founded in the year 1864, but, we have unfortunately, been unable to procure the first two volumes, they being missing. Our researches therefore have, of a necessity commenced with the third volume of the series, the initial publication in which was issued December 2, 1865.  The Gazette was then published every Saturday by T. B. Odeneal, at the office on Third street, Corvallis, in the first building north of that of Messrs. Thayer and Burnett; while, in its advertising columns we find the business cards of M. Canterbury, M. D., who had his office in that formerly occupied by Charles Brunn, his residence being in the first building north of the Methodist church; on the some street F. A. Chenoweth, Attorney-at-Law, had his office; while Doctors Bayley and Lee were located on the same thoroughfare, opposite the City hotel. George Mercer was then a Notary Public and Conveyancer, established in the “new drug store,” and the Corvallis boot and shoe factory, was conducted by H. MANNS. Among other names we notice those of Waters & Clark, J. G. Kriechbaum, Holder & Phillips, E. Holgate, Joseph Gearhart, R. M. & S. H. Thompson, William E. Dyer, Thomas Eglin, Charles H. Friendly, G. Hodes, Lipscomb & Wells, H. P. Harris, J. W. Souther, Graves Robinson, Charles Bales, and John Bauerlin. Souther offered seven hundred and thirty volumes of “choice reading” at the price of five dollars a year, in the form of a circulating library, while his stock of blank books was unsurpassed in extent and variety.

pg 384

 The chief political event of the year 1859 was the admission of Oregon into the Union as a Sovereign State. April 4, 1859, the County Court of Benton county met in the court house pursuant to the Constitution of the new State, there being present J. R. Bayley, Judge; S. B. Fargo, Sheriff; Thomas B. Odeneal, Clerk ; the first act of of the court being the approval of the official bond of Sheriff Fargo; and the subsequent adoption of a court seal bearing the legend, “County Court, Benton County, Oregon,” the design being mountains with a setting sun in the background; in the foreground an elk at the foot of the mountains. An impression of the seal is filed on page eleven of Book C, of the records of County Commissioners. February 7, 1861, an issue of facts was made before the Board relative to R. B. Hinton destroying the poll books in Precinct No. 4 at the November election, 1860. After hearing the evidence in the case the Commissioners considered Mr. Hinton guilty of the offense charged, whereupon it was ordered that suit be brought against him at the April Term of the Circuit Court, 1861.

pg 400

 KILLING OF AN INDIAN  On January 15, 1867, three Indians were sent by Agent SIMPSON, under guard, from the Siletz Reservation and turned over to the civil authorities. They were placed in jail and on the following morning had a hearing before Judge Odeneal, on a charge of murder. The circumstances connected with the slaying were as follows:
 In the summer of 1866, an Indian named, Charley was engaged in carrying the mail and express matter from Corvallis to the reservation. Upon a certain trip, while in town, his horse got away from him.  On his way out, on foot, be passed some Indian ponies and catching a couple, rode one and led the other. Soon the party to whom the animals belonged, missing their horses, gave chase, overtook Charley and demanded the delivery of the steeds, whereupon, he drew a large knife and made a thrust at one of the three assailants, who, in warding off the weapon, received a serious cut in the hand.  At the same time another picked up and struck Charley twice, felling him dead on the spot.  The body was disposed of and nothing was known of the mail carrier until some six weeks after, when a squaw informed upon the guilty parties, which led to a full confession. After hearing the matter and carefully weighing the testimony, the Court pronounced it a case of justifiable homicide and discharged the prisoners.

CHAPTER XLV.

THE WILLAMETTE VALLEY AND COAST RAILROAD

pg 413

 No history, or description, of Benton county would be complete without mention of this enterprise. With the history of the county it is inseparably united, for there is hardly a prominent resident whose connection with Benton county dates back for twenty years, who has not been, or is not now, identified with one or other of the attempts to find an outlet by railroads, over the Coast Range, from the Willamette Valley to the broad Ocean.
 To have taken some part in the early efforts to open a way either for wagon road or railroad is a matter of just pride to all the old citizens of Benton county. One old gentleman, whose white locks are to him a crown of glory, will boast. I was the first man to put down $20 to help pay for the first survey. Another will recount how he was one of the first party, and has all kinds of incidents to tell, of bow they went up this canyon, and down the other river valley, and over this or the other range of hills.
 One thing is sure. That if these early settlers have memories to be trusted, Benton county is better supplied with practicable outlets than any other county west of the Cascades.  Unfortunately the more recent surveys, sent out by the Oregon Pacific, to prepare the way for the Willamette Valley and Coast Company, have failed to make good these pleasant memories and the Railroad Company of today has had to meet and overcome difficulties of construction heavy enough to tax to the utmost the brains and energies, both of the engineers who proposed the plans and of the constructors who have finally built the road as it stands today.
 As we stand on any one of the outlying buttes, or hills of the Cascade range and look westward towards the Coast Range the mountain tops stretch in an unbroken line north and south, from one end of the Willamette valley to the other, Mary’s Peak, the broad topped summit, whereon snow lies for eight or nine months of the twelve, overtops and dominates her neighbors. But to raise that massive bulk nature used material from her northern slope. So a gap was formed, which attracts the eye of every observer. Through it rushes the cool sea breeze every afternoon throughout the bright, warm days of summer. So the climate of all the eastern half of Benton county.is tempered to afford cool nights in June, July and August when other districts in the same latitude are sweltering in heat. Early in 1863 Dr. J. R. Bailey, B. R. Biddle and T. B. Odeneal incorporated the first toll road company for building a wagon road through this gap. A trail had been used both by the Indians, and also by the pioneer settlers, which crossed the divide between the Mary’s and Yaquina rivers. But the enterprise of building a wagon road west from Corvallis to tide water on the Yaquina river was no slight one, and overtaxed the powers of the first associates.  In 1865, they enlarged (pg 414) their numbers, and extended their powers. In 1871 they filed further supplementary articles for taking up a Land Grant from the U. S. Government for the odd numbered sections for six miles on either side of the road, after the happy fashion of those liberal days.  And in October of 1872, in further supplementary Articles of the Wagon Road Company appears for the first time the name T. Egerton Hogg.  From that year till the year of grace 1885 to toil unremittingly onward, until today is seen the fulfillment of the plans indicated by the initial steps of 1872.
 It did not take long for the idea, of a railroad to be developed, when the wagon road had demonstrated, (as these bold pioneers firmly believed) the practicability of the iron horse following the mule trains, and emigrant Wagons up the one river valley and down the other to the sea.
 On August 15, 1867 the first Articles of Incorporation of the Willamette Valley and Coast Railroad Company were filed-and R.Irvin, T. B. Odeneal, John Kelsay and eleven other residents of Benton county were the incorporators. Of these Mr. R. Irvin yet lives in Benton county.  Although owning the fine farm ten miles or so south of Corvallis, in the Willamette valley, yet he maintains his interest in Yaquina Bay. The old gentleman will entertain you with many an anecdote of the clam catching, and oyster dredging experiences of early days on the Yaquina. His faith in the future development of Yaquina is shown by his refusing many modest oflers for the ten acres he yet owns on the Bay. If rumor, and his own hints, are to be trusted he made the munificent offer to Mr. Henry Villard, in the heyday of his scheales to sell him this bit of land for a paltry $80,000. Unfortunately for him the then magnate of the North West turned a deaf ear to his seductions.

pg 439

NEWSPAPERS.

 At this time Corvallis was in the heyday of its youth and prosperity and the need of a newspaper began to be recognized. The importance of the commercial and social interests of the place demanded it, and the late Hon. J. C. Avery, one of the most public spirited men of the time, sent abroad and purchased the press, type and material, and the publication of the Occidental _Messenyer was commenced, the editor being Hr. Hall, Stephen Gillis and Fred. Russ, the compositors, and Anthony Noltner, the " devil." In selecting a name for the paper, great care was used in trvino* to adopt one to which an opprobrious nickname could not be applied by the sareastic Bush, and it was thou-1it that the euphonious title "The Occidental Messenger" was safe; but, only one short week elapsed after the appearance of the initial number, when the Statesman came out with a notice of its birth, and referred to the paper as " Avery's Ox." This was too much for the editor, be fell, and T. B. Odeneal was installed in the editorial chair.
 At that time James H. Slater, now United States Senator from Oregon, was keeping an unpretentious book store in the town, and at the end of two or three months he (pg 440) changed places with Mr. Odeneal, and continued publishing the paper under the name of the Union for several years, making it a vigorous and spicy journal.
 Another paper that flourished at an early day was the Expositor, and since then, the Bentoit Deinocrat, Benton County Blade, and others perhaps, each in their turn flourishing their brief day in Corvallis, and passing away, live now in the memory of other days. Plicenix-like, have sprung from the ashes of these the Corvallis Gazette and Benton Leado~, publications that gather strength and firmness with each succeedyear. The histories of these are as follows:

THE CORVALLIS GAZETTE  The publication of this journal commenced in the month of December, 1863, and was issued every Saturday  by T. B. Odeneal from the office on Third street, and thus it continued until February 26, 1866, when William B. Carter became associated with Mr. Odeneal, who, July the twenty-first, of that year, severed his connection therewith, leaving Mr. Carter to assume the entire control, and under his management it became the principal organ of the Grand Lodge of Good Templars in Oregon. July 25, 1868, the Gazette moved into new quarters; and not long after Mr. Carter withdrew and it passed into the hands of an association of gentlemen who installed Samuel L. Simpson in the editorial chair, who in the issue of March 19, 1870, says in his " salutatory," " Temperance ceases to be the specialty of the paper, as in fact it is not the forte of the present editor," and further states:  “Right here the brialit habiliment of neutrality are laid aside forever, and wheeling into line the good champion of prohibition goes down to the smoke and fury of political war.”  Thenceforward the Gazette became an unflinching Republican in politics, the very word “Democrat” being odious to it.  In the meantime Mr. Carter had once more returned to his former sanctum and January 7, 1876, the paper appeared in an enlarged form, and so continued until December the sixth, when the property became a joint stock concern, the incorporators being Dr. J. B. Lee, James A. Yantis and William B. Carter. By the sudden death of the gentleman last named the editorial and business management devolved upon James A. Yantis, April 30, 1880, and May 6, 1881, the property was purchased from the estate of the late Mr. Carter by Messrs. Yantis and M. S. Woodcock, the latter of whom succeeded to the sole proprietorship, January 20, 1881, and, January 1, 1884, developed into an incorporated company bearing the name of “The Gazette Publishing House,” the associates being M. S. Woodcock, Al. P. Churchill and Wallace Baldwin. The Gazette has been now just one and twenty years in existence and throughout that long period has ever held a dignified position in journalism, and shows, under its present management a true desire to maintain the purpose for which it was started and be a credit to the city and county whence it is issued.

pg 485

 As if to add to the general alarm, at this juncture the residence of Mr. Sawtell was burned, as many believed by Indians, causing a general panic among, the residents, who all commenced fortifying at different points. In the meantime Superintendent Odeneal visited the agency at Siletz and found the Indians greatly excited over the hostile demonstrations of the citizens, as they considered them. The Indians strongly protested that they did not contemplate making war upon the whites; that they could not afford to do so; and that they well understood that such an act would be the height of foolishness on their part, and that the residents need have no fear. The proposition was then made to them to give up their arms, so as to dispel the fears of the whites.  Upon this matter being put to the vote, they, with unanimous consent agreed to it.  They said they would also give up their knives and every other article with which men could be killed, if required, in order to preserve peaceful relations with the Americans and thus ended the much dreaded war.

From the “Bulletin” Genealogical Forum of Oregon, Inc, June 1999 vol. 48 #4

THE HISTORY OF NIMROD O'KELLY, as told to S. A. CLARKE by T. B. Odeneal, reprinted from the Oregonian, August 1, 1886; submitted by Connie Jaynes

 “Only a few days previous to the death of the late T. B. Odeneal I spent an hour with him taking notes of a singular and striking incident of pioneer life that had fallen under his notice a third of a century ago. On a recent visit to his old home, at Corvallis, he had refreshed his memory from the county records, and had corrected the dates particularly, with a view to giving me this statement. Concerning the matters that follow there can be no question; they are literally true in the minutest detail, and as through every stage of the narrative official and judicial records will be quoted, and different officials of territorial days named, it will be seen the story cannot be untrue. Those who knew Mr. Odeneal, moreover, will remember that in matters of the kind he preserved an accuracy of detail that few men equal. He was careful in preparing any fact with exactness, whatever might be its use or its value.

HIS OWN LAST DAYS AT SALEM

 When I met Odeneal last, the poor frame he was carrying about seemed failing and feeble to the last degree.  Paralysis affected his lower limbs. He was physically weak and rapidly failing, but the mind was clear, the eye was bright and the voice firm; there was no weakness of intellect and he well knew the end was not far off. To a friend, he said, not long before the final attack, that he understood his situation, and as all was in readiness, as far as he was able to arrange matters, he was more than willing to be gone. I cannot bid him adieu-this prisoner who had just gone on before-without a word of parting. “Every heart knoweth its own bitterness,” some drink the cup of life’s bitterness to the dregs, Odeneal had many kindly and honorable traits, was a man of mind and culture, and with a little more energy and force of character would have made a greater mark in life.

TERRITORY OF OREGON vs. NIMROD O’KELLY

This was the title of an important case that was tried before the U. S. district court for Oregon at a special term held at Corvallis, Benton County, Oregon, on the 9th day of June, 1852. O. C. Pratt was judge, R. P. Boise was district attorney, and A. J. Babb was defendant's counsel, appointed by the court. O’Kelly pleaded not guilty of murder in the first degree as was found in the indictment. The facts were as follows: O’Kelly had taken up a land claim of 640 acres under the donation act, holding a half section in the name of his wife, who had not yet arrived here. This was according to law, but Jeremiah Mahoney must have considered otherwise, or disbelieved the existence of O’Kelly's wife, for one day he moved on to the side farthest from O’Kelly's cabin and camped there with his family, which fact was reported to this last of the O'Kellys. At this time, when land was so abundant, it is not easy to excuse a man for setting up any doubtful claim over which he might waste years and lose the chance to secure a good donation.

DEEDS INSTEAD OF WORDS

As soon as Nimrod O’Kelly learned that a squatter had “jumped” half his land claim, he prepared for action, and was in no wise timid or hesitating; he had no qualms of conscience, no doubt as to his duty in the premises, so loading his gun he started across the section he claimed and in a dry slough that is overflowed in winter time by the rising waters of the Long Tom, he met Jeremiah Mahoney and filled him with buck shot. There were no words wasted, no quarrel and no disgraceful fuss. He intended to kill him and he did it so effectually that there was no question about it. That was the way Nimrod O’Kelly had of doing things. Having disposed of the unresisting claimant, he then went directly Corvallis, told his story without equivocation o hesitation, and delivered himself up to “justice,” represented by the officers of the law. At the trial there was no direct evidence, save his own self accusation, sustained by circumstances that corroborated and confirmed it. He was convicted as indicted and sentenced to be hung the ensuing 2nd day of August, a motion for a new trial being denied.

AFTER THE LAW’s DELAYS

 The case was appealed and in 1853 the appeal was acted on and the sentence of the lower court affirmed; the case was then sent back for a resentence. Geo. H. Williams was then chief justice and district judge, instead of 0. C. Pratt, and he gave Nimrod O'Kelly his second sentence in the regular term, October, 1853, sentencing him to be hung June 9, 1854, exactly two years from the date of his first trial. Dr. T. J. Wright was then sheriff of Benton county and did not know what to do with his prisoner. In 1853 there was no jail at Corvallis or in Benton county, so he told the old man to go home and be sure to be on hand when wanted. All the time up to his final sentence, or re-sentence, he seems to have been about "on his own recognizance," if anybody's. When the last legal means was exhausted the case assumed a more serious aspect; there was no further appeal, the only hope being that the governor might send a reprieve or a pardon. Not knowing what else to do Dr. Wright said to his prisoner, “Go home and stay there. I won't have any use for you until 11 A. M., June 9, 1854. But be here punctually then.”

ON HAND TO BE HUNG

 Time sped on and from October 1853 to June 1854 passed with Nimrod O'Kelly attending to his affairs as usual. He was an old man when our story began and put in those eight months fixing his land for his family to make use of when he was gone. The evening previous to the day appointed for his execution he appeared in town, went to the sheriff and tried to deliver himself up. But no, the sheriff said he had no use for him until 11 o'clock the next morning and sent him to the hotel. Before he went the old man asked to see the arrangements made for his "taking off." He didn't want them to make a poor job of it, so he looked at and passed a favorable opinion on the gallows, after which he went to the hotel and slept soundly.  As O’Kelly was a poor man the state undoubtedly paid his hotel bill, and all through this narrative it is notable that he was very careful as to his expenditures.  He didn't want to die in debt and did not. The next morning he ate breakfast and then strolled carelessly down to the spot the sheriff had made ready for him.

A REPRIEVE

 The sheriff shook hands with O’Kelly the next morning and many of his friends dropped in on him to see him off in good style. The court had given the sheriff the discretion to do the hanging somewhere between 11 A. M. and I o’clock P.M., of the 9th day of June, 1854.  O’Kelly found it tiresome business hanging to the ragged edge of despair, as it were.  He had received the congratulations of his friends and the last offices of the church and was thoroughly resigned to his fate, so did not care how soon he met it.  He assured Odeneal afterwards, that the prospect of death was not alarming; he believed he was changing to a better world and had no regret at leaving this.  The end justified the sheriff in giving his patient all the time he could command, because, at the last hour a reprieve came, Gov. Davis sending an order commuting his sentence from the death penalty to one year in the penitentiary.  The old man was not the least surprised and made ready to start for Sloan's hotel in Portland, instead of to the home he supposed awaited him in paradise.

SOMETHING ABOUT O’KELLY

 It seems that this Nimrod O’Kelly, was a man of considerably more than ordinary education. He came from Ireland, where he was educated for the priesthood. He was an ardent Catholic; devoted to his church; so much of a bigot as to be almost a fanatic. Something occurred to change his destiny from the altar of the Roman Catholic church to ordinary life. He was 62 years old in 1852; a type of a past generation of mankind. He was tall in form, commanding in appearance, venerable in aspect, with flowing gray hairs and patriarchal beard. He was educated at some college belonging to the church, spoke several languages, was well informed in a common way, and was zealous and even bigoted in his devotion to religion. He had no fear of dying and seems never to have felt any regret or hesitation at the fate he inflicted on Mahoney. His conscience was clear on that score. He was a pleasant talker and not a bad hearted man, though infatuated in the last degree to his religious belief

BOUND FOR THE PENITENTIARY

 Dr. Wright-the sheriff-procured an express wagon and employed Bill Gird as a guard, to help him escort the prisoner to the penitentiary, which was then kept by Mr. Sloan, at Portland. As soon as it was conveniently possible they started Kelly toward his fate. As was customary in those days they laid in a comfortable stock of necessary commissary supplies and "wet groceries" to make the wagon and team work off right. They got along well enough until they reached the tall timber below Oregon City. Here the "benzine" probably got too active and something gave way that had to be repaired. They ran against a tree and broke the wagon, in short, and as O'Kelly was a temperance man and the only one of that ilk in the party, he was sent on in advance, or sent himself on. Said he: "It will take some time to make repairs, so I will go on ahead and report at headquarters. You can overtake me easily." They were not afraid to lose him as, really, there was no way he could escape from them if he desired ever so badly to do so.

NOT EASY TO GET INTO STATE”S PRISON

 O'Kelly walked on leisurely through the October Willamette woods, loitering by the way to allow them to overtake him; but they never caught up. He got to the river and crossed and spent some hours at the old hotel on the levee, that afterwards became the American Exchange, but they did not make an appearance. He was anxious to have his time begin and end so that he could be at home and at work; so he asked the way to the state's prison and went on up there to report to the superintendent. He found it difficult. to obtain admission on the story he told. They thought he was a crank' and would have none of him, until towards evening Sheriff Wright and guardsman Gird came along to set up a title to their prisoner, so that they could draw their per them and mileage. O'Kelly thus obtained admission and began his time, and so well did he conduct himself that be was pardoned out in ten months. He returned home in August, 1855, fully enfranchised and possessed (by means of his pardon) of all his rights and privileges as a citizen of Oregon.

OUT OF JAIL BUT NOT OUT OF TROUBLE

 When O'Kelly got back to Benton county he found his family awaiting him, but the ghost of Mahoney occupied the other side of his claim, in the persons of his widow and children, to whom the Oregon land office had awarded possession. It was late in summer, and O'Kelly was not a man so much of word as of action. He bade his newly-found family a temporary farewell and started on foot for the city of Washington to claim his land of the head of the department. He had no spare means, and could not even afford a horse to ride. He traveled east alone and on foot, meeting and camping with emigrants all the way, who were coming to Oregon and California. He may have caught some chances to ride, and so have made better time, but certain it is that this gaunt, gray-haired man pushed his way on foot to the frontier, and then managed some way to reach Washington, where he presented himself and his case before the general land office and won his land claim back.
 Here was an act of sturdy heroism that cannot easily be surpassed, if it can be equaled in the history of Oregon, that is replete with heroic deeds. He footed it for over two thousand miles to the Missouri river, in the autumn, worked his way to the national capital, won his case by patient pleading, and came back home to enjoy, at last, the land claim that had cost him so dearly.

A BIGOT TO THE LAST

There must have been a strong trace of fanaticism in any man who could do all that O'Kelly did, and accomplish all that he did in the way that he did it. His very conscience was cast in a mold of iron bigotry, so that he could shoot down a fellow man to right a wrong the law could certainly cure. This murder was an uncommon crime because he thought himself no criminal. He went through phases of life that could well have driven some men insane and would have unhinged many, while he met them as a matter of course and would have met death the same way. That journey across the plains, on foot, moneyless, old and perhaps infirm, as he was, was something I would like to tell of minutely, but the man is long ago deceased and Odeneal could gather only the plain statement that he actually went afoot to the East and thus secured his claim.
 His fanaticism was shown by his will, for he deeded all his property to his church, leaving his children just enough to make the will hold good, so they could riot invalidate it. The mother had probably the improved half, as that was Surveyor General Preston's way in nearly all cases. His own land went to the church, of whom Bill Gird purchased it, and lives on it today. Nimrod O'Kelly was a singular man, and, as Mr. Odeneal observed of him, was a relic of a bygone generation. The pioneers of Oregon were generally men of firmness of purpose, and O'Kelly was one of them.
 What I have termed bigotry and fanaticism, based on the fact that he neglected his family to give his property to the church, may have been an effort of conscience. It is more than probable that the church educated him, and expected him to take holy orders and become a priest. lf he had then married and given up this intention the result may have been that his life long repentance was emphasized by this act of giving to the church property to repay the cost his education had been to it. Still it is fanaticism, and the world abounds in religious bigots of all sects, whose acts of' conscience are an infringement on common sense.
 T. B. was married twice, first to Elizabeth F. Coyle, April 29, 1857 in Benton Co., OR, there is no record of children to this marriage.  It is not known what happened to Elizabeth, but on Sept. 1, 1859 he married a second time to America Mulkey in Benton Co., OR.  She also was born in MO about 1839.  They had $2,050 in real estate and $500 in personal property.  Thomas was the last Superintendant of Indian Affairs in he Oregon Territory and was one of the people that met with Chief Joseph.
 In 1880 America is living in Idaho with a cousin Wesley Mulkey (born NC) and his wife Mary (born VA). In the census America states she is married.
 Between July 1880 and October 1884 Thomas is the Reporter or Clerk for the Supreme Court of Oergon in Salem, OR.  The volumnes are 9, 10 and 11.  This seems to be a job that is given or offered to top lawyers since they must be able to write the rulings handed down by the Supreme Court.
 From the above articles it appears Thomas died sometime around Aug. 1886, it is not known when America died or where either are buried.
 By 1870 they had at least four children;
 

 Arthur Johnson Odeneal, 84, for years assistant director of immigration for the Hampton Roads area, died yesterday at 1:35 p. m.. at a local hospital. He had been in failing health, for sometime.
 A native of Corvallis, Ore., he was a son of the late, Judge Thomas Hart Benton Odeneal and Mrs. Amanda Mulkey Odeneal.  He came to Norfolk in 1917 and made his home, at 1915 Colonial Avenue.
 He served in the immigration forces here from 1923 to 1932 but had seen previous service in various parts of the United States and in foreign lands.  He was technical advisor to the consular general in Belgium in 1926.  His father was superintendent of Indian affairs for the State of Oregon under President Grant.  He was a nephew, of the late Senator Doff, of Oregon, and a cousin of Senator Frederick Mulkey, also of that State.
 He was considered one of the most, valuable men in the immigration service and frequently was assigned important missions requiring secrecy.  He was educated at Bishop Scott's Academy, Portland, Ore., Portland Commercial College and Williamette University.
 He is survived by his wife, Mrs. Alice Hall Odeneal two daughters, Mrs. Nicholas A. Shearon, Washington, D. C., and Mrs. John Howard Falb, Norfolk; a granddaughter, Miss Constance Odeneal Shearon, of Washington; a sister, Mrs. Clifford Gest, New York; a nephew, Francis Gest, Brazil, and, a niece, Mrs. Richard Marshall, of Van Nuys, CA.
 The body will be taken from the H. D. Oliver Funeral Apartments to the Selden Chapel, Christ and St Luke's Church, for funeral services tomorrow at 2 p. m., with the Rev. Taylor Willis, D. D., rector, officiating. Burial will be in Forest Lawn Cemetery
 

 Born about 1861 in Corvalis, Benton Co., OR.

 Born about 1867 in Corvalis, Benton Co., OR.
 

 Frank was born Oct. 22, 1869 in Corvalis, Benton Co., OR.    In the 1880 census he is listed as a nephew is living with James A. Cauiltorn (born VA) and wife Martha M. (Born MO)., in 1910 he is in the California census and in 1920 he is still in California, listed as a widower, and working as a waiter.  He married and had at least one daughter or daughter in law, Alice, who signed his death certificate in Glendale, CA Sept. 2, 1940.