A Vendetta of Early Times.

(By Ben Jenness.)

["Kansas Home News," 13 Feb 1880, page 1, column 1/ & concluded in 20 Feb 1880, page 1, column 1]

While the public are shuddering with horror over the accounts of the blood-curdling affrays in Kentucky [editors note: this was the era of the Hatfield and McCoy's] and Texas, we call to mind some feuds of early Kansas times, which fully equal any of the present day, in ferocity and fatality. One in particular, which had its origin in Franklin county, Kansas, was bloody and protracted and, if reports are true, is not yet ended. The parties to this bitter family animosity were the Burtons and the Dallys, and they lived near neighbors in the Marais des Cygnes valley, near the little town of Peoria City. We substitute other names for the principals, in this feud, as many of their relatives are still living.

The origin of the difficulty may be traced back to one of those fierce and vindictive semi-political fights over the location of the county-seat, which were so common in the early history of the State. Dan. Dally, without the knowledge of his neighbors of Peoria, had become interested in Minneola, a new town in the north-west corner of the county and eight or ten miles from Peoria. In the canvass of candidates for county-seat honors, he very naturally advocated the town in which his interests were at stake. Friends of Peoria could not understand his motives, as he was a man who never explained and they branded him as a traitor. Upon the day of election, Dally and old "Toy" (Ottawa) Jones, a leading man in the Ottawa Indian tribe, appeared upon the ground with several hundred Indians, intending to vote them in the interest of Minneola.

It may not be uninteresting to state that "Toy" Jones was one of the Indian children captured by Col. Johnson, after the engagement in which Tecumseh was killed. Col. Johnson adopted him, gave him a religious education, and he returned to his tribe as a missionary.

Lem. Burton, the recognized leader of the Peoria party, most positively protested against this Indian participation int he white man's affairs and "sides were taken." This in early parlance meant, when all discussion had failed, a division of the crowd. Every man drawing his revolver and swaying back into the party which expressed his sentiments.

Dan. Dally had strenuously argued for the Indians' "rights" while Lem. Burton had as warmly espoused the proposition that this was a "white man's government." Strong words passed between them, and several times they were prevented from a resort to the pistol by mutual friends.

Upon the "siding off," the Indians with one short whoop of fear and disgust at the turn of affairs had taken, made for their ponies, their pace being accelerated by the simultaneous click of the revolvers being put in readiness for use. The cause of the difficulty having thus disposed of themselves, there remained no question to settle, and the election proceeded amicably enough the remainder of the day.

The warm words between Burton and Dally, rankled in the bosoms of each like a slumbering volcano, and an opportunity only was wanting to cause it to break out.

About a month after the trouble, a son was born to Dally, and, according to early custom, he came in to the town "Grocery" to "set 'em up all 'round for the boys." The spree lasted until late into the afternoon, when Dan. started for home. When he reached the river, his throbbing head and heated blood suggested a bath. Driving his team a few rods above the ford, he hitched and was soon in the water. As misfortune would have it, Mrs. Lem. Burton came riding up on a pony while Dan. Was in the water. Nobody knows what he did and it would be contrary to his general reputation for him to do anything ungentlemanly, but Mrs. Burton spurred her horse into town and reported to her husband that Dan. had insulted her. Lem. Burton sprang for his double barreled shot gun, mounted a horse and galloped down to the ford. Dan. was still in the water. Burton rode up on the bank deliberately raised his gun and emptied both barrels into Dally without speaking a word. It is doubtful if poor Dan. even saw him, for he was instantly killed.

Burton returned to the Grocery and reported what he had done and some of the men went down to the ford, fished the body out of the water and took it home.

No legal steps were taken in the case, as many believed Mrs. Burton's story, and if it was true, public sentiment vindicated the killing. This was an example of that "high toned" Western chivalry, which held a man's life as naught against a word or deed calculated to give offense to backwood's maids or matrons.

Some months after Lem. Burton returned to Illinois. After remaining in Illinos a short time, Lem. Burton came back to Kansas and resumed his occupation of carpenter, at and near Stanton. While the killing of Dan Dally appeared to have passed from the memory of the neighbors and Burton's deed promised to go unrevenged, there was a Nemesis on his track. Dally had two brothers, one of whom lived in Illinois, the other in Minnesota. Upon hearing of the murder of Dan., the brother in Illinois wrote to the one in the far West, detailing the aggravating circumstances. It was finally arranged that they should meet in Saint Louis and proceed to Kansas, ostensibly for the purpose of buying land.

In the meantime, Lem. Burton had taken the contract for building a residence for a gentleman in Stanton, Miami county. One quiet afternoon, as he and an assistant were working upon the roof, a couple of well dressed strangers rode up on horseback. The house, although unfinished, was occupied by the family of the owner, and the strangers entered into conversation with the lady, who had stepped to the door at their call. During the talk, some point came up, which the lady was unable to settle, so stepping to the corner, she called for Mr. Burton to come down. Burton at once responded, and came down the ladder. One of the strangers, who carried a double barreled shot gun, spurred his horse around to within a few feet of the foot of the ladder, and as Burton reached the ground and turned toward him, he leveled his gun and emptied both barrels into Burton's body. The wounded man staggered toward the door of the house; upon reaching which he fell dead at the feet of the woman.

The strangers galloped away, and were never seen again in those parts. The opinion among the people, who were acquainted with the circumstances in the case, was that the murderers were Dan Dally's brothers, but no effort was made to apprehend them.

Now comes the most romantic part of the history of this bloody feud. When the rebellion broke out the Dally who lived in Illinois, raised a company for one of the first Illinois regiments, in the service. This company was ordered to Camp Butler, near Springfield, Ills., for drill and organization with the balance of the regiment. While in this camp a very fine looking young man presented himself for enlistment in Dally's company. He was a stranger to all, and gave his name as Wm. Elwell. Taking his place in the ranks, he served faithfully through the rough marches in Kentucky and Tennessee, becoming so great a favorite that he was promoted to Orderly Sergeant. During all this time he exhibited a peculiar interest in Capt. Dally; and learned all he could of him from those who knew Dally at home. One point was afterwards remembered by some of the men, that he had repeatedly inquired if Dally was away from home, during the summer of 1859, and upon being answered in the affirmative, a wicked glare would light up his ordinarily reposeful eyes.

At Columbia, Tenn., the camp of this regiment was very near the fine residence of a Mr. Easley. The owner himself was in the Southern army, but the hospitalities of the mansion were gracefully extended to the "Yankee invaders" by his fair daughter, America. Both Capt. Dalley and Elwell were frequent visitors there, and soon became regarded in the light of rivals. In fact, matters became serious between them, and to add to the complications, Dally trumped up charges, and succeeded in having Elwell reduced to the ranks.

Before any further developments could be made, orders were received to reinforce Grant at Shiloh. The forced march which followed, is well known to very man, who served in Buell's army. Upon arriving upon the battle field, their regiment laid upon their arms but a few moments before being ordered into action. Early in the fight, Dally sprang to the front to order a bayonet charge, and almost immediately fell dead. When the battle was over, Elwell was missing. An examination of the body of Capt. Dally showed that the leaden messenger of death had struck him from the rear. Some months after, one of the company received a short note. It contained only this:

"I avenged a brother and wiped out an insult to myself."

H. DALLY, alias WM. ELWELL.

There is a young man now living in Southern Kansas, who was a baby when his father was killed at Shiloh, who sometimes says to his friends that scores are not even yet.