My Genealogy Hound

HON. DEWITT C. NELLIS.
Hon. Dewitt C. Nellis, for many years a very prominent member of the bar in Kansas and at one time judge of the 17th Judicial District, is now retired from professional work.

Mr. Nellis was born January 2, 1849, at the family home in Montgomery County, New York, and comes of a family of seven known generations as follows: William Nellis, born in 1688; Andrew Nellis, born in 1715; Philip Nellis, born in 1746; Peter Philip, born in 1783; James, born in 1816; Dewitt C. Nellis, born in 1849; and Luther McAfee Nellis, son of our subject, born in 1875. Among the Palatines who first emigrated from their German homes to New York were Christian, William and Johannis Nellis, all members of the Lutheran Church, and from them are descended all of the Nellis family in America at the present time.

Philip Nellis, great-grandfather of our subject, was born December 1, 1746, in New York State. He married Elizabeth Dietz, who was born in the province of Cherry Valley, New York, June 10, 1752, and was of Palatine parentage. After marriage they located in the township of Manheim, within the present limits of Herkimer County, New York. During the Revolutionary War, Philip Nellis served in the Continental Army as a minute man in what was called the Palatine Regiment, which in the battle of Oriskany, August 6, 1777, sustained the loss of many brave men and officers, and in which General Herkimer was mortally wounded. Mr. Nellis received a bullet wound in his left shoulder which made him a partial cripple the remainder of his life. He was in the battle of Saratoga, September 19, 1777, and in other important engagements during the remainder of the war. He also was with a company organized for repelling Indian incursions of the Mohawk Valley, and was detailed for a short time on duty on the Hudson River. He was one of the boatmen to convey General Washington across the Hudson at a time when the army was suffering greatly by reason of the scarcity of food supplies. It was in the night time and the light from the torch used in the boat attracted a large sturgeon, weiging about 20 pounds, which flopped into the boat by accident as it threw itself about in the water. The General looked at it calmly and smiled, seeming to regard it as a good omen for the supplying of food to his soldiers. After landing, the fish was quickly prepared and cooked and was as quickly eaten by the hungry soldiers. Philip Nellis and his wife, with the five children who were then born, were driven from, their home at the burning of Palatine Church Settlement by the Indians, who plundered the valley and destroyed everything except the Palatine Church, every vestage of the personal property of the pioneers being burned or carried away. This old stone church in Palatine township, built in 1770, was one of very few buildings that escaped burning by the Indians of John Johnson’s army during this raid of October 19, 1780. It stands on the border of the road over which the invading army moved. For generations it was an unsolved question why it escaped burning. Some 20 years ago visitors from Canada, bearing the name of Nellis, visited relatives near St. Johnsville, Montgomery County, New York, and from them it was learned that the church was protected by a British officer, who had promised his friend, Henry Nellis, that no harm should come to it. Henry Nellis who was the wealthiest of the Mohawk Valley Palatines, had contributed toward the erection of the church. At the outbreak of the Revolution, he went to the place now known as Brantford, in Ontario, Canada, while five of his brothers served in the patriot army. The Palatine Church is still standing and used for worship. Philip Nellis and his family later returned and erected a new home at Stone Arabia in the township of Palatine, and there lived the remainder of their lives, Mr. Nellis dying in November, 1818, at the home of his son, Peter Philip, and Mrs. Nellis on January 12, 1825, at the age of 72 years and seven months. They were parents of 11 children.

Peter Philip Nellis, the grandfather of our subject, was the seventh child of his parents and was born September 17, 1783, in the new home erected after the Indian invasion. At the age of five years he began attending a German school in Palatine township, Montgomery County, New York, and for four years studied in the German language, which his parents used exclusively during their lives. At the age of nine he entered an English school and by the time he was 15 had well mastered both languages. At that age he was confirmed a member of the Palatine Lutheran Church. On January 25, 1806, he married Margaret Spraker, one of a family of 10 girls and one boy born to her parents. She was a daughter of John Spraker, and a granddaughter of George Spraker. In 1808, accompanied by his parents and his own family, Peter Philip Nellis moved to Herkimer County, New York, locating in Fairfield township. In 1835 he again moved back to Montgomery County (25 miles) and bought his father-in-law’s farm “Oswegatchie,” where the Nellis family still claims its headquarters. He died November 11, 1872, aged 89 years, one month and 25 days, and his wife died January 25, 1864, at the age of 80 years. They had lived together as man and wife for more than 60 years.

James Nellis, father of our subject was born in Fairfield township, Herkimer County, New York, April 2, 1816, in the house built by his father in 1808. He received a good education and was a man of accomplishments, being an especially fine singer. He was married January 25, 1842, to Mary Magdalene Van Wirt, who was one of the finest soprano singers of her time in that section of the State. She was born in 1821, and was a daughter of Daniel Van Wirt, son of Christian Van Wirt, who was born in 1770. The latter was married December 4, 1790, to Magdalene Van Gochnat, a daughter of John Eberhardt Van Gochnat, who resided three miles west of Johnstown, New York. Christian Van Wirt was one of the board of trustees of the Lutheran Church at Johnstown, when it was incorporated December 16, 1810. He died March 26, 1847, and his wife died on June 7th of the same year. James Nellis and his wife became parents of nine children. Mrs. Nellis died March 20, 1886, aged 64 years, eight months and 11 days, and was survived about two years by her husband, who died February 24, 1888, aged 71 years, 10 months and 22 days. Both were devout Christians and active members of the Lutheran Church at Palatine, New York.

Dewitt C. Nellis was reared in his native county, and attended the Oswegatchie school until he arrived at the age of 15 years, then passed the regents’ examination and began an academic course at Canajoharie Academy. He spent seven years at that institution and at Fairfield Collegiate Institute. At the age of 19 years, he began teaching school at Ford’s Bush, New York, and taught there for three years in the school at Stone Arabia. He read law for six months with Colonel Spraker at Canajoharie, and on July 31, 1871, started for Kansas. He taught school here and pursued the study of the law at Topeka two years, being admitted to the bar on February 21, 1873. He had read law in the office of Martin, Burns & Case, prominent members of the bar, and was well equipped to enter upon his professional career. Prior to his admission to the bar, during the winter of 1872-73, he taught school at Tecumseh for a term of four months. On April 26, 1873, he was appointed county attorney of Ellis County, Kansas, having moved to Hays, on March 6th of that year. He was elected to that office four successive terms, serving in all for a period of eight years. He became a member of the English Lutheran Church at Topeka, April 7, 1872, and for two years was a scholar and teacher in its Sabbath-school. At Hays he assisted in the organization of the Congregational Church in 1873, and two years later, when the field was practically abandoned to the Presbyterians by this church, Mr. Nellis became an officer in the Presbyterian society, assisting in the work of raising funds for building a church and parsonage. In 1878, with others, he organized the Trinity Lutheran Church Society, and Rev. A. J. Hartsook of Salina officiated as pastor at the dedication of the new church. Together with I. M. Yost and H. D. Shaffer, he had collected money and directed the financial part in the erection of the church, and it was built, paid for and dedicated before the society had a pastor. Mr. Nellis was superintendent of the Sabbath-schools of the various churches with which he was there identified. On March 15, 1881, he was appointed judge of the 17th Judicial District of Kansas by Governor John P. St. John, his district consisting of the 15 counties in the northwestern part of the State. He was defeated at the judicial convention of the Republican party at Millbrook for the nomination to that office. He was a candidate for Attorney General before the Republican convention at Topeka in 1884, and was defeated on the fifth ballot by Hon. S. B. Bradford, by a vote of 168 to 167. This was his last effort in the political arena because his hearing had become imperfect. In June, 1885, he removed to Topeka and here continued the practice of the law until 1887, when his hearing became so poor he retired from active practice. He has since been identified with the Kansas Farmer Company, and is one of the city’s most substantial business men.

On March 4, 1874, Mr. Nellis was married to Emma Virginia McAfee, her father, assisted by Rev. L. Blakesley of the Congregational Church, performing the ceremony. It was a double wedding, the only sister of Mrs. Nellis being married to D. H. Forbes at the same time. Miss McAfee was the first young lady Mr. Nellis met after his arrival in Topeka and was introduced to her at the Lutheran Church on August 12, 1871. She was born in Leavenworth, Kansas, June 28, 1855, and is a daughter of Rev. Josiah B. and Anna R. (Yowler) McAfee, her father being a retired minister of Topeka, whose life work is recorded elsewhere in this work. Emma Virginia McAfee was born just two days after Cora Kyle, the first white child born in Leavenworth, and in recognition of this honor the City Council, then just formed, and the town company presented each of them with a deeded city lot. The lot given to Mrs. Nellis was sold for taxes a few years later and is now occupied by the City Market and Fire Department. When she was nearly two years old, her parents moved to Grasshopper Falls, Kansas, where she lived seven years, attending the public schools four years of that period. In 1865 she accompanied her father to Topeka, where she attended Washburn College, after leaving the public schools, and then the College of the Sisters of Bethany. During the latter part of her school life she took a course at Pond’s Business College, in which her father had purchased a life scholarship. During the summer of 1873, she taught a school northwest of North Topeka, near where the Rock Island roundhouse now is. On April 10, 1874, she joined her husband at Hays, Kansas, and there resided until their return to Topeka in February, 1885. She became a member of the English Lutheran Church at Topeka on her 13th birthday anniversary, being the first member to be received by confirmation. She was organist several years prior to leaving for Hays City, then filled a like position in the church of that place until her return to Topeka. She then resumed the duties of organist in the Topeka church and continued for six years, when she resigned to accompany her daughter, Celeste, to Chicago in 1892. For a period of 22 years, she served gratuitously as organist and also was a teacher in the Sabbath-schools of the various churches, rarely missing in attendance unless prevented by sickness. Three children were born to bless the union of Mr. and Mrs. Nellis, namely: Luther McAfee, a record of whose life follows; Celeste Birdella, born March 7, 1877; and Annie Mary, who was born February 9, 1879.

Luther McAfee Nellis was born in the city of Topeka, March 1, 1875, in the house then known as the Dawson house at No. 226 Van Buren street, now numbered 710 Van Buren street. The house was then occupied by his grandfather, Rev. Josiah B. McAfee. In August, 1875, he was baptised at the home of his uncle, D. H. Forbes, by his grandfather, and shortly after was taken to Hays, where he lived until 10 years old. Owing to an injury to his spine, he did not attend school until he was seven years old, and upon returning to Topeka he continued in the schools until the second year in High School, when he received an appointment as ticket taker at the World’s Fair at Chicago. During 1903 and 1904 he served in the city Council of Topeka, representing the Fourth Ward. He was admitted to membership in the English Lutheran Church, August 10, 1887, and is a faithful member. He was admitted as an attorney at Topeka, February 21, 1898, and is now a member of the Kansas Farmer Company. He is an active Mason, and has taken all the degrees in the York rite and nearly all in the Scottish rite.