Sunday, August 4, 2024

Story of Peter Heinrich Westerhaus and Anna Maria Holtcamp - Part 2

Stories Continues ...

Peter would have left Eudora, Douglas, Kansas, for Lexington, Lafayette, Missouri, to be present for his 5 Mar 1863 court trial. Court records show he was not able to arrive in time, and the trial was rescheduled for 15 Apr 1863.  Back in Kansas, Anna and the five children were trying to survive on Peter's and Anna's newly chosen farm. Based upon Westerhouse family stories, Anna purchased a larger home up on a nearby hill.  This has been shown by a property deed found at the Douglas County Courthouse, indicating she had purchased 80 acres 25 Mar 1863 for $400. This land was located at the North Half of the Southeast Quarter (2392 North 800th Road) of Section 3 in the Captain Creek area of Eudora. The property deed listed only her name, as Peter was away at his trial in Lexington at the time.

Back in Missouri, Peter arrived at the courthouse for his trial 15 Apr 1863 and plead not guilty to both the first charge of 'attempting to entice and decoy away slaves' and the second charge of 'bribery'. Peter was tried on 22 Apr 1863 and jurors were not able to agree on upon a verdict. A mistrial was declared, and a new trial was scheduled for 24 Nov 1863. 

Lexington Weekly Newspaper - 18 Apr 1863



Back in Eudora, Douglas, Kansas, Anna would continue to do the best she could on her own with five children. In early Aug 1863, Quantrill, a bushwhacker from Missouri, was planning a large attack on Lawrence, Douglas, Kansas, a town just west of Eudora. Quantrill and his men gathered east of Eudora to plan the attack. Based upon Westerhouse family stories, Quantrill's men came to Anna's farm and took chickens, eggs and any other food she had available. Quantrill and his men rode through Eudora 21 Aug 1863 on their way to Lawrence to burn it to the ground.  Quantrill and his men returned to Missouri and celebrated their victory.  Peter must have been worried about Anna and his family when he heard the news. He was in Lexington, Lafayette, Missouri for his trial and had no way to find out if Anna and their children were safe.

Peter came for trial on 24 May 1864 and plead not guilty on both counts with which he had been charged.  The 'jurors were elected, tried and sworn in'. The trial proceeded, the jurors discussed the evidence presented during the trial and came to an agreement upon the following verdicts:
   Guilty on count one, 'attempting to entice and decoy away slaves'
   Not guilty on count two, 'bribery'

The jurors recommended punishment by imprisonment in the penitentiary for three years based on the law. They recommended Peter be pardoned from punishment.  They had found him guilty of breaking the law but did not agree with the law.  Public opinion was beginning to change about slavery.

Peter's conviction was suspended until 8 Jun 1864 to receive the results of a pardon request to be filed by the County Clerk. After the trial, County Clerk Richard Vaughn submitted a pardon request with a handwritten letter to Governor Willard Preble Hall. Governor Hall, after reviewing the request, issued a pardon for Peter on Saturday, 4 Jun 1864.

Peter arrived for his court trial 8 Jun 1864 to hear the results from the pardon request. The court informed Peter that Governor Willard Preble Hall had pardoned him for his crime. The Court ordered Peter to be discharged upon payment of his debt.  

Peter Westerhouse Pardon Card

Peter returned to Eudora, Douglas, Kansas from the trial during Jun of 1864. He would most likely have started to farm the land which Anna had bought while he was away. It was not long before he was drafted by the Union army. Peter was drafted 23 Feb 1865, from the 34th Sub-District Eudora and Willow Springs. Peter was listed as 100% for deficiency, meaning he could provide a substitute soldier instead of serving in the war himself. No civil war records have been found for Peter in Kansas.

The Peter Westerhouse family attended the Captain Creek German Methodist Church in Eudora, Douglas, Kansas. It was established in 1859, and services were conducted in German at church members’ homes until the Captain Creek Church was built in 1882. The church building was located near the northeast corner of West 146th Street and 2400 Road.

Captain Creek Methodist Church (photo by Otta Rosena)

Following the end of the Civil War, the Peter Westerhouse family continued to live on the farm which Anna had purchased in the Captain Creek area of Eudora, Douglas, Kansas. Peter was able to return to farming fulltime to provide for his growing family.  He soon realized he needed more land, so he and Anna decided to sell the farm and purchase a larger one. The Peter Westerhouse family planned to purchase the 160-acre plot of land which they had originally homesteaded unsuccessfully. They first sold their current farm, 8 Sep 1865, for $1500, according to a property deed found at the Douglas County Courthouse. This represented a $1,100 profit from the $400 price Anna had paid a few years earlier.

According to another property deed found at the Douglas County Courthouse, Peter purchased a 160-acre farm 16 Oct 1865 for $1000. This property was located at the Northeast Quarter (2375 North 800th Road) of Section 10 in the Captain Creek area of Eudora, Douglas, Kansas. This property was less than a mile south of the farm they had just sold. Peter and Anna must have been excited to return to the place where they had originally chosen to live in Kansas. Based upon family stories, they built a home between two willow trees, near Captain Creek on the southern part of their property. Peter was looking forward to planting more crops and adding more livestock. During Jan 1865, Henry Eggers, a local farmer, had bought an 80-acre farm south of the Westerhouse farm. Henry would help Peter and Anna from time to time.  He had recently been divorced and was living alone on his farm.  Peter and Anna must have been happy to have him as a neighbor.

Peter and Anna had three more children during the next four years:  

William Westerhouse, 14 Sep 1866

Aurelia Westerhouse, about 1869

Amos Westerhouse, 6 Jun 1870

According to the Sep 1870 Federal Non-Population Census, Peter's farming business was successful. The census indicated that he owned 160 acres of improved land and 5 acres of wooded land. His farm property was valued at $4,400 and the farm equipment was valued at $700. The census also listed that Peter owned 9 horses, 5 mules, 7 milch (milk) cows, 2 cattle and 30 swine with the livestock value of $1,400.  In addition, the census showed 300 bushels of spring wheat, 2,000 bushels of Indian corn and 500 bushels of oats on hand.

The 7 Jul 1870 Federal Census indicated Peter was a farmer who was born in Prussia.  His parents were listed as being foreign born and Peter as being a United States Citizen. His real estate was valued at $4,475 and the value of his personal estate was recorded as $2,700. The census shows Anna was keeping house, their son, Henry, was attending school.  Another son, Amos, was not listed on the 7 Jul 1870 Federal Census, however his death certificate indicated he was born 6 Jun 1870.

After seven years, Peter and Anna decided to sell the farm because it was becoming more difficult for Peter to farm the land due to poor health. The farm sold 7 Oct 1872, for $3,700 at a profit of $2,700.  The property deed found at the Douglas County Courthouse verified this. It is not known where the family lived after selling the farm.

The 1 Mar 1875 Kansas Census reported Peter's occupation as farmer, his place of birth as Germany, the value of his real estate as $1,600 and the value of his personal estate as $600. It showed that Anna was keeping house, and their son Henry was farming. The census showed Henry Eggers was farming the adjoining property with the value of his real estate as $800, the value of his personal estate as $200 and his place of birth as Germany.

Peter’s original headstone had a death date of 9 Oct 1876, and his current headstone has a death year of 1876. It is unclear why his two headstones have a different death year from the obituary. He was buried Deay Cemetery in Eudora, Kansas, located near his 160-acre farm, at the southwest corner of North 800 Road and East 2300 Road (799 East 2300 Road).

Peter Westerhouse obituary (Republican Journal) - 29 Oct 1875

Soon after Peter's death, Anna married Henry Eggers, the farmer living to the south of the Peter Westerhouse farm.

Anna Westerhouse and Henry Eggers marriage license – 1 Feb 1876

Anna moved with her five children to live with her new husband, Henry Eggers. Henry and Anna raised the minor children into adulthood. All the children, except William, married and left home to start their own lives. William never married and continued to live with Anna and Henry, as was documented by the 1880 Federal census. Entering the 20th century, Anna and Henry would only have William living at home. The 1900 Federal Census shown below, indicated Henry was 67 years old, born Oct 1832 and had been married for 20 years. Anna was listed as 67 years old, born Sep 1832, had been married for 20 years and had eight children of which six were living. The 1905 Kansas Census showed Henry, Anna and their son, William, living in a house on their farm in Eudora, Douglas, Kansas. The Amos Westerhouse Sr. family rented the farm next door.

Henry Eggers died 5 Mar 1908, and is buried at Deay Cemetery in Eudora.

Anna would continue to live on the farm with her son, William, until she was not able to maintain it. The 1915 Kansas Census showed Anna and William living with the Amos Westerhouse, Sr. family. She would later move to Eudora, to live with her oldest daughter, Mary Westerhouse Edler Clark.  

Anna Westerhouse Eggers was buried next to her 2nd husband, Henry Eggers, at Deay Cemetery in Eudora, Kansas.

All the Westerhouse and Eggers headstones were replaced with new ones while Anna was buried during 1916. 

 

During May 1979, Peter's original headstone was dug up in Lawrence by a construction company. They discovered it being used as a well cover.  At the time it was found, it was not known where it had originated. Amos Westerhouse Jr., Peter's grandson, saw an article and picture in the paper. He wrote a letter to the Lawrence Journal World describing who Peter Westerhouse was, and where the headstone had previously been. Today, that original headstone of Peter Westerhouse is being preserved for future generations to view at the Eudora Area Historical Society in Eudora, Kansas.


Lawrence Journal World - 2 May 1979

Original Headstone of Peter Westerhouse

Ann Eggers Obituary - Lawrence Journal World – 7 Dec 1916













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