Oliver Lionel Shively was born on 10-Jul-1878 in Ogle County, IL. He died on 16-Jan-1948 in Martin County, IN. He was the son of Daniel S. Shively (1851-1899) and Tammie O. Canon (1854-1904). (For additional information on this family see the Shively blog article written on 10-March-2012). Oliver Lionel Shively was married 1st on 19-Dec-1906 in Bancroft, Kossuth County, IA to Alice Elfreeda Soderberg. Alice was born 30-Jan-1885 in Kossuth County, IA and died 31-May-1971 in St. Paul, Ramsey County, MN. Oliver was married 2nd to Louisa Jane "Jennie" Crays. She was married 1st to Mr. Canary. Jennie was born 8-Mar-1879 in Martin County, IN and died 1-Oct-1945 in Daviess County, IN. She was the daughter of Albert Crays and Martha Patterson.
Listed on the 1880 Tama County, IA census is the family of David S. Shively age 28. Listed on the 1900 Armstrong Grove Township, Emmet County, IA is the household of Henry Brooks born Jul-1833 age 66 and in the household is boarder Lionel Shively, farm laborer, born Jul-1878 age 21. Located on the 1910 Armstrong Grove Township, Emmet County, IA is the family of Lionel Shively who is a manager of a grain elevator age 31, married 3 years and wife Alice E. age 25 with daughter Joy E. age 2. Located on the 1920 Ceylon, Faribalt County, MN census is Oliver Shively a buyer for a grain elevator age 41, wife Alice age 34, daughter Joy age 12, daughter Frances age 8 and daughter Mildred age 6. In 1930 Oliver is listed on the census in the household of his brother-in-law, L. Pugsley, who is living in Ramsey County, MN. Oliver's wife is listed on the 1930 St. Paul city, Ramsey County, MN census as Alice E. Shively age 45 married 22 years, daughter Frances age 18 and daughter Mildred age 16. On the 1940 Martin County, IN census is O. L. Shively age 61, wife Jennie age 61 and stepson Ellis Howell age 20.
Oliver L. Shively and Alice E. Soderberg had at the least the following children: Joy Esther Shively was born 12-Nov-1907 and died 12-Mar-1991 married to Oliver W. Blomster; Frances Lucille Shively born 1911 died 20-Oct-1992 Knox County, IN married 1st to Mr. Grates married 2nd to Eugene P. Andis and Mildred Alice Shively born 16-Nov-1913 died 14-May-1973 in Ramsey County, MN married to Mr. Kurkowski.
The following article was extracted from the Estherville Democrat, Wednesday, October 25, 1922, Page 10, Columns 3-4:
Ceylon Grain Man Gets Five Years In Prison
Judge Gets Pathetic While Passing Sentence, Embezzled Over $17,000
(From Fairmont Sentinel)
Judge L. S. Nelson this afternoon sentenced O. L. Shively, confessedly responsible for the shortage of over $17,000 that exists in the accounts of the Ceylon Farmers Elevator Co., to the state penitentiary at Stillwater. Shively was at once taken to that institution to begin a sentence of fie years that may be reduced by good behavior.
Called for sentence in chambers Shively was asked by Judge Nelson if he had anything to say why sentence should not be pronounced upon him at that time.
"Yes, your Honor," was the reply, "If possible I would like to have it postponed until spring so that I can be her and support my wife and three children through the winter. They have no other means of support."
Leo. J. Seifert, attorney for Shively informed the court that his client has no property other than wearing apparel and some household furniture, nor has his wife. The children, girls, are aged 8, 11 and 14. Mr. Seifert told the court that since he was arrested July 8, 1922, and at liberty on bond Shively has worked steadily as cook on a C. & N. W. bridge crew, earning $114 per month, and that if sentence was deferred he could continue such employment.
Interrogated by County Attorney Cooper, Shively denied that he has ever taken a dollar of the elevator company's money for himself but had lost it all in grain speculations and that he could give no information as to the amount. He said he began speculating when first hired eight years ago.
Mr. Cooper told the court that he had been able to trace between four and five thousand dollars of the shortage to grain gambling operations and that the balance remained unaccounted for but appeared to be covered by juggling flour, feed and coal accounts and bank deposits.
It was discovered that Shively bought and sold wheat on futures in the name of the elevator, which handles practically none of the grain. One 5,000 bushel transaction showed a loss of $1,300. Another of Shively's current accounts with a grain gambling house carries a credit still coming to the elevator of $150.
Mr. Cooper said he felt that he must oppose Shively's request for deferring sentence.
Mr. Seifert said that the elevator company had been running since 1906, and thought if possible that the shortages may have in part autendated Shively's employment as there had never been an audit until within the last few weeks. This audit was made by men from the office of the state public examiner.
Judge Nelson asked Mr. Shively the customary questions before passing sentence, which he said that under the law he could not defer. Shively gave his age as 44 and birthplace as Ogle county, Illinois. He has lived at Armstrong, Iowa or in this vicinity since the age of 14, making his home with his grandparents while attending school, in which he reached the eight grade. His employment was stated as farmer, barber, elevator man and cook. He declared that he has never touched a drop of liquor in his life.
Explaining his shortage he said: "I was playing the market. I got behind and thought by keeping on I could catch up. Instead, it got worse. I can't tell whether the shortage is $1,000 or $20,000."
Shively denied losing any of the elevator's money in personal gambling but admitted he had played some poker with Ceylon associates. He declared that he had paid a good deal of his personally earned money on elevator shortages.
Before passing sentence, Judge Nelson said: "i have been on the bench 12 years and have sentenced many men for every offense from a simple misdemeanor to murder in the first degree but I have never had to pass sentence in a case that hurt me as this one does, knowing you as I do. Your wife is a sister of mine not in blood, but quite as dear. (The reference as to fraternal society connections). Your family is destitute. I cannot defer sentence under the law. There is very little excuse for what you have done with your education, intelligence and opportunities and your connections with societies that have taught you your duty to God, country, family, neighbor and self. I think you realize that for the protection of society if is necessary for your to suffer punishment. You have escaped charges that might have imprisoned you for as long as 20 years. You will be sentenced for five years and your own conduct can make it much less".
The judge then passed formal sentence.
When Shively arose for sentences his wife broke down and wept bitterly. After judgement of the court had been pronounced, she threw herself into her husband's arms, sobbing convulsively, until Shively was led away. The judge and all others in the room were greatly moved and several shook hands with the prisoner and sought to comfort his wife.