Early Nebraska settlers were breaking the law as well, as they invaded Omaha tribal lands to which the United States had claim but no ownership.
Morton noted that, "In both Nebraska and Iowa the squatters on lands were fully protected by the unauthorized if not positively illegal rules and promises of the claim clubs.
"[2] According to two prominent historians, the roots of the Omaha Claim Club lay in the city's founders' disagreements with "federal land laws that they considered unfair and unenforceable.
"[5] A federal decree in 1834 that defined lands west of the Missouri "Indian Territory" prevented settlement by Americans for another 20 years.
[6] In 1846 Mormon settlers received permission from the Omaha tribe to establish their Winter Quarters near the Missouri River west of Kanesville, Iowa,[7] and in 1848 Martin Van Buren's Free Soil Party advocated the federal government give away free land in the presidential election.
In the meantime, a group of early settlers in the Omaha area formed a club determined to provide security for the land interests of its members.
[16] This land was used to persuade members of the Nebraska Territorial Legislature later that year as they voted on the location of the state capitol,[17] which Omaha kept until 1867.
The club was effective in protecting its members' claims, primarily and frequently using mob violence to enforce its rule.
An unnamed "Frenchman" had staked a claim in 1854 on part of Alfred D. Jones's land and refused to move off.
The club sent for Reeves, who had gained a reputation as a trouble-shooter in Missouri, and he started a long battle with the Frenchman that drew crowds from neighboring towns.
They hanged the horse thieves two miles (3 km) north of Florence that day, with no repercussions, except for Sheriff Reeves, who was fined for not fulfilling his duties.
After a day of continual harassment from the vigilantes, Kelly walked 12 miles (19 km) south to Bellevue where he escaped to Iowa.
[19] On February 2, 1856, the club was reorganized as the Omaha Township Claim Association but its arbitrary powers continued as before — in several instances even more viciously.
Other victims of vigilante "justice" distributed by the Omaha Claim Club include Jacob S. Shull,[20] Daniel Murphy,[12] and George "Doc" Smith,[21] who was later the Douglas County Surveyor for many years.
Important figures in Omaha's history testified during the trial, including John Redick and James Woolworth.
In the trial the club was found to commonly take landowners who refused to sell their property to the nearby Missouri River by force.
With a rope tied around the person's neck, members of the club repeatedly dunked him until he agreed to sell.
The judge found Baker to have been forced to sign the contract through violence, and overturned the circuit court's earlier finding on behalf of Morton.
[4] Other sources say that with the arrival of Omaha's United States Land Office, the claims club simply was not needed.