The Old Max Cemetery
There are no official records, anywhere, of the Max Cemetery. No burial records, no land office filings, nothing. All that we know of it has come down through time via the recollections of some of the older folks who have lived in this area all of their lives (or at least from birth to adulthood). Foremost of these was the eminent E. S. Sutton, a well known historian from this area. There has also been no official history of the Max Cemetery ever published (although a brief historical mention was included in Sutton’s book, Teepees to Soddies. The following has been gleaned from that brief mention in Sutton’s book, as well as various notes and newspaper articles contained in the Sutton research file. Many of Sutton’s interviews with the “Old-Timers” of the area took place in the 1940’s.
The Max Cemetery was originally set aside in about 1887 by Mr. and Mrs. King, in a corner of their farm. The first occupants of the cemetery were a child of the King’s and the Ames baby. They were later removed to the Benkelman cemetery. The legal description of that area of the King homestead that served as the Max Cemetery is SE Corner of NE ¼ Sec 31 T 2n R 36W. The last known burial in the Max Cemetery occurred in 1900.
By the time E.S. Sutton visited the Max Cemetery to take inventory of the lots and stones in 1938, the cemetery had already been destroyed by the 1935 Republican River flood. What Sutton and his wife found was an area overgrown with weeds and covered by flood debris. Graves had been emptied, headstones scattered, and remains lost forever. After taking inventory of what was left, the Sutton’s refilled the open graves and placed the three remaining headstones together near a surrounding weed patch.
One gravesite that was recognized even without a headstone, was that of the Brethower baby, as it was well known that the baby’s grave had been surrounded by two rows of brick. Although much of that brick enclosure had been washed away, there was still enough near an open and empty grave to identify it.
The only remaining headstones in the Max Cemetery were those of Edith Price (daughter of W.G. and J.L. Price, who died at the age of five months old on June 3, 1889), Francis Bailey (estranged wife of Silas Bailey, who died at age 62 on December 15, 1892) and John Breedon (who died at age 58). Although there were no markers indicating their burial, it is known that Silas Bailey (who was murdered on February 7, 1899) was buried at the side of his estranged wife Francis, and John Breedon’s wife was buried alongside him – also in an unmarked grave.
[Note: Silas Bailey was murdered by young Ernest Bush on February 7, 1899. The young man pleaded his innocence, until he was questioned by the famous old west lawman and cattle detective Charlie Siringo, who gained a confession out of the young man, who was sent to the state penitentiary. Although Silas Bailey was estranged from his wife at the time of his murder, he was buried at her side. Mrs. Bailey was a sister of Hank Harper.]
In addition to the King and Ames infants, all of the “Old-Timers” recollected that there was another infant buried in the Max Cemetery, an unnamed baby from a Russian emigrant family had been buried there in an unmarked grave. It has always been presumed that the flood washed away those remains (as well as any other remains that had not yet been moved by the time of the 1935 flood).
Mrs. Olive Selby, who grew up in this area, said in a letter to the Benkelman Post, that by 1925 many of the fences had been torn down around the Max Cemetery, with the exception of the small fence around the Brethower baby’s grave (and that was falling down). Although Mrs. Selby confirmed Sutton’s accounting of just who was buried in the Max Cemetery, she also included Frank Wesley, a nephew of Bert Ostrom (and son of Viola Ostrom-Hickman-Wesley-Girt). According to Bert Ostrom, however, as well as Otis Rickard and Addie Powell, Frank Wesley was removed to the Benkelman cemetery, as were the King and Ames infants.
When Mr. Sutton was researching the history of the Max Methodist Church in preparation of that churches fifty year anniversary, he was able to contact Mrs. Julia Price, who, in 1890, became a charter member of the Max Methodist Church.
The Price family came to the town of Sandwich in 1885, where Mr. Price opened a drug store. Forever after he was known as “Doc” Price. In 1887 their small frame building was moved three miles to Max (to a site opposite of the Max State Bank building), where their five-month old baby died on June 9, 1889, and was buried in the Max Cemetery (then located on the King Farm).
In response to Mr. Sutton’s inquiries, Mrs. Price wrote about the tragic deaths of so many children throughout Dundy county due to diphtheria, small pox, typhoid and other diseases, during which epidemic their child died and was buried in the Max cemetery. Mrs. Price wrote of the cemetery, “A most beautiful spot in the meadows bordering the river, with two or three large cottonwood trees as guardians. It was such a restful place we often walked to, finding consolation there for our sorrow.” She went on to ask of Mr. Sutton and his wife, if she sent them some money, would they place flowers on her child’s grave, and perhaps send her a picture of the cemetery.
Upon visiting the location of the old Max Cemetery, what Mr. and Mrs. Sutton found was utter desolation. The Republican River flood of 1935, which has claimed 135 lives, had also wreaked complete destruction of the Max Cemetery. Weeds, sand drifts, scattered headstones, and open graves were all that was left of the once beautiful site. The side walls of the graves were intact but the bottoms filled with river sand and flood debris. The few remaining headstones were scattered as far away as 75 feet, north and east of their original locations. The ancient cottonwood trees that Mrs. Price so admired, were uprooted and one had drifted across the burial lots, its branches spread as though offering solace to those whose graves had been desecrated by the flood.
As the Sutton’s watched, a large bull snake was preparing a nest in a sunken grave, whose, if any, they did not know. The snake would crawl partially into the hole, and soon return with a heap of soil on his flattened head. This was repeated time after time until there was a sizable mound of soil outside and he disappeared inside.
After making measurements the Sutton’s drafted a map indicating the open burials, and the placement of the drifted headstones, then, returning the next day they filled in the open holes and reset the headstones.
[Note: See Recollections of the Max Cemetery by E.S. Sutton, below, for Sutton’s hand drawn map of the Max Cemetery]
The Sutton’s replied to Mrs. Price after visiting the remnants of the Max Cemetery, and they promised to place home-grown flowers on her child’s grave every Memorial Day, just as they were doing for their own two sons. The Sutton’s never mentioned the condition of the Max Cemetery, nor the missing bodies, preferring to allow Mrs. Price to live out the remainder of her days remembering the beautiful spot near her child’s final resting place which had brought her such consolation.
In 1974, the Harper family arranged to have to have Mrs. Bailey’s headstone placed in the Benkelman cemetery (as Mrs. Bailey had been a Harper prior to her marriage to Silas Bailey). It was Mr. George Harper who brought Mrs. Bailey’s headstone from Max to the Benkelman cemetery. The following year, Mr. Sutton began the legal process to have the Price and Breedon headstones brought to the Benkelman cemetery, as well as the Gallagher babys headstone, which at the time rested on the Richard Gardner farm east of Max. The Gallagher grave was also destroyed in the 1935 flood and the stone carried away (It was later found and placed along a weed grown fence row).
By 1976, the Cemetery Board was able to provide a partial lot in the Benkelman cemetery, and the Breedon and Price headstones were reset there, being brought from Max by Richard Gardner and Chester Gerdes. The Gallagher baby (Max Joseph Gallagher) headstone was also brought in by Richard Gardner and placed near the Breedon and Price headstones. [Note: the Gardner farm was originally the old Gallagher Ranch.] The County Attorney agreed it was pointless to leave the old cemetery site a useless weed patch, and he ordered it incorporated back into the farm since there were no longer any bodies buried there.
The Price, Gallagher, Bailey and Breedon headstones stand today in the Benkelman cemetery as monuments to the very first families of Dundy County.
The Max Cemetery was originally set aside in about 1887 by Mr. and Mrs. King, in a corner of their farm. The first occupants of the cemetery were a child of the King’s and the Ames baby. They were later removed to the Benkelman cemetery. The legal description of that area of the King homestead that served as the Max Cemetery is SE Corner of NE ¼ Sec 31 T 2n R 36W. The last known burial in the Max Cemetery occurred in 1900.
By the time E.S. Sutton visited the Max Cemetery to take inventory of the lots and stones in 1938, the cemetery had already been destroyed by the 1935 Republican River flood. What Sutton and his wife found was an area overgrown with weeds and covered by flood debris. Graves had been emptied, headstones scattered, and remains lost forever. After taking inventory of what was left, the Sutton’s refilled the open graves and placed the three remaining headstones together near a surrounding weed patch.
One gravesite that was recognized even without a headstone, was that of the Brethower baby, as it was well known that the baby’s grave had been surrounded by two rows of brick. Although much of that brick enclosure had been washed away, there was still enough near an open and empty grave to identify it.
The only remaining headstones in the Max Cemetery were those of Edith Price (daughter of W.G. and J.L. Price, who died at the age of five months old on June 3, 1889), Francis Bailey (estranged wife of Silas Bailey, who died at age 62 on December 15, 1892) and John Breedon (who died at age 58). Although there were no markers indicating their burial, it is known that Silas Bailey (who was murdered on February 7, 1899) was buried at the side of his estranged wife Francis, and John Breedon’s wife was buried alongside him – also in an unmarked grave.
[Note: Silas Bailey was murdered by young Ernest Bush on February 7, 1899. The young man pleaded his innocence, until he was questioned by the famous old west lawman and cattle detective Charlie Siringo, who gained a confession out of the young man, who was sent to the state penitentiary. Although Silas Bailey was estranged from his wife at the time of his murder, he was buried at her side. Mrs. Bailey was a sister of Hank Harper.]
In addition to the King and Ames infants, all of the “Old-Timers” recollected that there was another infant buried in the Max Cemetery, an unnamed baby from a Russian emigrant family had been buried there in an unmarked grave. It has always been presumed that the flood washed away those remains (as well as any other remains that had not yet been moved by the time of the 1935 flood).
Mrs. Olive Selby, who grew up in this area, said in a letter to the Benkelman Post, that by 1925 many of the fences had been torn down around the Max Cemetery, with the exception of the small fence around the Brethower baby’s grave (and that was falling down). Although Mrs. Selby confirmed Sutton’s accounting of just who was buried in the Max Cemetery, she also included Frank Wesley, a nephew of Bert Ostrom (and son of Viola Ostrom-Hickman-Wesley-Girt). According to Bert Ostrom, however, as well as Otis Rickard and Addie Powell, Frank Wesley was removed to the Benkelman cemetery, as were the King and Ames infants.
When Mr. Sutton was researching the history of the Max Methodist Church in preparation of that churches fifty year anniversary, he was able to contact Mrs. Julia Price, who, in 1890, became a charter member of the Max Methodist Church.
The Price family came to the town of Sandwich in 1885, where Mr. Price opened a drug store. Forever after he was known as “Doc” Price. In 1887 their small frame building was moved three miles to Max (to a site opposite of the Max State Bank building), where their five-month old baby died on June 9, 1889, and was buried in the Max Cemetery (then located on the King Farm).
In response to Mr. Sutton’s inquiries, Mrs. Price wrote about the tragic deaths of so many children throughout Dundy county due to diphtheria, small pox, typhoid and other diseases, during which epidemic their child died and was buried in the Max cemetery. Mrs. Price wrote of the cemetery, “A most beautiful spot in the meadows bordering the river, with two or three large cottonwood trees as guardians. It was such a restful place we often walked to, finding consolation there for our sorrow.” She went on to ask of Mr. Sutton and his wife, if she sent them some money, would they place flowers on her child’s grave, and perhaps send her a picture of the cemetery.
Upon visiting the location of the old Max Cemetery, what Mr. and Mrs. Sutton found was utter desolation. The Republican River flood of 1935, which has claimed 135 lives, had also wreaked complete destruction of the Max Cemetery. Weeds, sand drifts, scattered headstones, and open graves were all that was left of the once beautiful site. The side walls of the graves were intact but the bottoms filled with river sand and flood debris. The few remaining headstones were scattered as far away as 75 feet, north and east of their original locations. The ancient cottonwood trees that Mrs. Price so admired, were uprooted and one had drifted across the burial lots, its branches spread as though offering solace to those whose graves had been desecrated by the flood.
As the Sutton’s watched, a large bull snake was preparing a nest in a sunken grave, whose, if any, they did not know. The snake would crawl partially into the hole, and soon return with a heap of soil on his flattened head. This was repeated time after time until there was a sizable mound of soil outside and he disappeared inside.
After making measurements the Sutton’s drafted a map indicating the open burials, and the placement of the drifted headstones, then, returning the next day they filled in the open holes and reset the headstones.
[Note: See Recollections of the Max Cemetery by E.S. Sutton, below, for Sutton’s hand drawn map of the Max Cemetery]
The Sutton’s replied to Mrs. Price after visiting the remnants of the Max Cemetery, and they promised to place home-grown flowers on her child’s grave every Memorial Day, just as they were doing for their own two sons. The Sutton’s never mentioned the condition of the Max Cemetery, nor the missing bodies, preferring to allow Mrs. Price to live out the remainder of her days remembering the beautiful spot near her child’s final resting place which had brought her such consolation.
In 1974, the Harper family arranged to have to have Mrs. Bailey’s headstone placed in the Benkelman cemetery (as Mrs. Bailey had been a Harper prior to her marriage to Silas Bailey). It was Mr. George Harper who brought Mrs. Bailey’s headstone from Max to the Benkelman cemetery. The following year, Mr. Sutton began the legal process to have the Price and Breedon headstones brought to the Benkelman cemetery, as well as the Gallagher babys headstone, which at the time rested on the Richard Gardner farm east of Max. The Gallagher grave was also destroyed in the 1935 flood and the stone carried away (It was later found and placed along a weed grown fence row).
By 1976, the Cemetery Board was able to provide a partial lot in the Benkelman cemetery, and the Breedon and Price headstones were reset there, being brought from Max by Richard Gardner and Chester Gerdes. The Gallagher baby (Max Joseph Gallagher) headstone was also brought in by Richard Gardner and placed near the Breedon and Price headstones. [Note: the Gardner farm was originally the old Gallagher Ranch.] The County Attorney agreed it was pointless to leave the old cemetery site a useless weed patch, and he ordered it incorporated back into the farm since there were no longer any bodies buried there.
The Price, Gallagher, Bailey and Breedon headstones stand today in the Benkelman cemetery as monuments to the very first families of Dundy County.