Samuel P. Rose
Born: Germany, February, 1839
Died: Denver, May 22, 1903

Samuel P. Rose was born in Germany in February of 1839. [1] He immigrated to Covington, [2] Tennessee, where he practiced law and served as a newspaper editor. [3] Sam arrived in Denver, most likely with his wife, Pauline, [4] during the latter months of 1873. [5] He worked as an attorney at 15th Street and Lawrence and roomed in a boarding house a few blocks further south. [6] Sam served as a captain in the Confederate Army during the Civil War with Tennessee’s 9th Infantry Division. [7] His daughter, Lillie, was born in Denver during 1875. The couple welcomed a second daughter, Irma, in March of 1878. [8] In addition to being a lawyer, Sam was a director for a life insurance company [9] and a successful real-estate investor [10] who offered mortgages up to $2,500. [11] He was engaged in all of these vocations immediately after arriving in Denver, which suggests that he came to Colorado with a fair amount in financial resources. [12] He also served as a delegate to the Colorado territorial Democratic convention representing Arapahoe County in July of 1874 [13] and was an officer in the local Denver chapter of the International Order of Odd Fellows. [14]

Small advertisement by trustee Sam P. Rose and others published in the Denver Daily Times on September 7, 1874.

The Denver Homestead Association. Denver Daily Times. Tuesday, September 7, 1874. Page 2.

Sam was first mentioned in connection with Leadville in late January of 1879 when he advertised his Denver law office in The Leadville Daily Evening Chronicle:

Small advertisement for Attorney Sam P. Rose in the Leadville Daily Chronicle on January 30, 1879.

Sam P. Rose. Leadville Daily Evening Chronicle. Thursday, January 30, 1879. Page 3.

Rose, who was recognized as an attorney by the Leadville courts [15] by May of 1879, came to Leadville to open a new branch office of his Denver-based law firm Hughes, Welborn & Rose. [16] Leadville’s rapid development made it an ideal location to expand all of Sam’s business ventures. However, it is doubtful that his wife Pauline and daughters Irma and Lillie accompanied him on his journey. Sam maintained residences in both Denver [17] and at the Clarendon Hotel in Leadville [18] during this period. His legal practice, while generalized, defended clients accused of murder, [19] handled divorces, and argued lawsuits with notable success. [20]

During 1880, Sam moved his Leadville law office to 2nd Street and Harrison Avenue where he also resided. [21] During March, Sam auctioned off a substantial amount of Leadville real estate property that he had acquired from Alice Fickles in December of 1879. [22] He was a representative of Leadville’s Civil War veterans hosting a reception for President Emeritus Ulysses S. Grant, who visited Leadville in July of 1880. [23] On June 26, the Leadville Weekly Herald published an extensive article documenting the opinions of prominent local Democrats on the nomination of Major General Winfield S. Hancock for that year’s presidential run against Republican James A. Garfield:

Samuel P. Rose, Esq

Mr. Rose, a prominent lawyer, who, previous to his coming to Leadville, enjoyed an extensive law practice in Covington, and throughout Tipton county in Western Tennessee, said that Hancock is, unquestionably, the strongest nomination that could carry a “solid south.” He has closely watched the career of General Hancock. Hancock is a man thuroughly involved with the principles of the constitution, and has shown a careful observance of them. His character as a soldier has not deteriorated from his qualifications as a statesman. The southern people are given to admiration of military ability, and, had Grant been nominated, he would poll a heavy vote in the south, unless matched against Hancock, who will carry the solid vote of theat section. Hancock’s prudent administration of affairs in that section, and his proper distinction between military and civil authority has immortalized him among the southern people and has done more than perhaps anything else towards bringing about reconcilliation. From numerous Pennsylvanians, both republicans and democrats, Mr. Rose has learned that it is unquestionable that Hancock will carry that state. The nomination settles the bloody shirt question, now and forever. The bloody shirt was waved by the republican party to whoop the soldiers into line. The cloud of error must give way in the light of facts. Any strong democrat could carry New York, but the fact that Hancock’s headquarters in Cincinnati were serenaded the evening before the nomination by the Kelly faction leaves no doubt that New York will give him a sweeping majority. If the people of the United Staes and her soldiers and sailors fon’t want a man whose whole life has been given in expemlification of its principles than they do not deserve a republican form of government. Mr. Rose in conculsion[SP?] said that he would predict that the noination would be received with more enthusiasm that any since the war. [24]

On September 24, Sam was elected vice president of Leadville’s Democratic convention delegates during the rally at the Tabor Opera House. A crowd of thousands reportedly spilled out onto Harrison Avenue. [25]

Sam’s legal acumen was on full display in the Leadville newspapers in1880, when he effectively argued that his client, Edward C. Simmons, was defrauded out of $13,000 when he sold 35/64 of the Chemung lode to Samuel F. Spencer, Democratic nominee for the state senate. The cash for the parcel was placed in an escrow account from which Spencer double dipped, managing to acquire the property and the money by defrauding the escrow manager. The case was decided in Simmons’ favor that October. [26] The details portray an ugly affair that played out very publicly in the local news:

A Herald reported yesterday called upon Mr. Sam P. Rose, the well known attorney, and found him deeply immersed in a mass of law papers involving title to an important mining claim. It was a poor time to venture upon an interview, but as no excuse would answer the Herald the reporter, after accepting the invitation to a rest, extended in a tone of voice by no means indicative of pleasure at the interruption, plunged boldly into this business, cleared his throat and said:

“Mr. Rose, it is noticed that your name is appended to the complaint in the case of Simmons Vs. Spencer, and I have been directed by the Herald Democrat to ascertain if you can throw any additional light on the subject.”

“I am very busy, now,” was the reply “and besides,” turning suddenly upon the reporter, “I do not see why you published the thing in your paper at all. It is a legal document, not a newspaper article.”

“It was published as a legal document, Mr. Rose, as the best method of showing what manner of a man desires an election as state senator.”

(Author’s note: The document in question is the complaint filed in the Leadville courts by Rose on Edward Simmons’ behalf. The Leadville Daily Herald published this document, along with all other legal documents filed with the court that day, in its entirety on October 27, 1880. [27] This was, and is, a common function for newspapers.)

“But I have no desire to fight my lawsuits in the newspapers.”

“Excuse me, Mr. Rose, but the Herald is aware that you are perfectly competent to fight your legal battles in the courts, and has no desire to interfere with you in your business, but this is a matter of more than ordinary interest-one in which you are equally interested with the rest of the community, and the only desire of the Herald is to secure information that will verify the complaint on file, which Mr. Spencer and the Democrat say is merely part of a blackmailing scheme.”

“Very well, go on. I will give you just twenty minutes,” and the gentleman settled himself into and attitude of hopeless resignation. ”

“Mr. Rose, who is the plaintiff in the case?”

“He is a business man of St. Louis.”

“Is he responsible?”

“He is one of the wealthiest men in St. Louis, and in the country, and in legitimate business has acquired a reputation for integrity second to no man in the United States. He has invested over a hundred thousand dollars in Leadville.”

“Is there any reason for the presumption that he would be party to a blackmailing scheme?”

“His reputation as a business man is a sufficient answer to that.”

“Will you give the Herald, in your own words, the details of the case?”

“Yes; I suppose I will get through quicker in that way. Mr. Simmons was the owner of a little over one-half of the Chemung mine. Certain parties were anxious to secure the property and Mr. Spencer made a sale of it to two men named Alexander and Turner, for twenty thousand dollars to be paid on the delivery of the deed from Simmons. A deed was made by Mr. Simmons and an agreement in escrow made that the deed was to be delivered to Spencer on the deposit of thirteen thousand dollars to the credit of Mr. Simmons. The deed was sent by Simmons to his agent, McCartney, and the agreement in escrow was placed in the Merchants’ and Mechanic’s bank, together with the deed. Spencer by some means prevailed upon McCartney to allow him to take the deed and get the money. The checks were given to C.W. Tankersley, acting for the Lowland Chief Consolidated Mining Company. Mr. Spencer told McCartney that he would immediately deposit the thirteen thousand dollars to the credit of Mr. Simmons, in accordance with the escrow agreement. Instead of doing so, he deposited the sums to his own credit, and declined to pay Simmons more than ten thousand dollars, alleging as a reason therefor that Turner and Alexander had brought suit against him for misrepresentation of the value of the property. Spencer informed McCartney, and informed me, that the only reason he had for withholding this money, or any portion of it, was that Turner and Alexander had tried to hold him responsible in the above suit. Well, there was nothing in the suit brought by Turner and Alexander, and it was dismissed at the last term of the district court. Mr. Spencer was then informed that there was nothing in the way of his compliance with the law and honesty of purpose. Instead of doing so, he had the consummate check to offer to compromise by paying over $6,500-just one half of Simmons’ money.”

“Aside from the interest of your client, Mr. Rose, what is your opinion of the transaction?”

“In my opinion, the whole thing was a scheme put up to blackmail Mr. Simmons or cheat him out of the whole sum, and I have a strong suspicion that the bank people-Mr. Smith-was cognizant of the whole affair.”

“Have you secured the $13,000 by attachment?”

“I do not think we have. I found $10,000 in the bank, and attached all the squatter titles, mining claims, and personal property I could find, but I do not think the whole will cover the principal. Spencer had converted $3,000 to his own use before the attachment issued. “

“Has Mr. Spencer filed an answer to the complaint?”

“He has not denied a single allegation in the bill.”

“Is Mr. Spencer a man of property?”

“I do not know, but I do know that I have attached everything in his name that I could find, and if he has anything else I would like to find it.”

“Had Spencer any ownership in the mine at the time of sale?”

“He had not. I think he had owned a part of it, and had sold out to Simmons. He acted throughout as a mere broker.”

“What has become of the escrow?”

“That is a mystery. The bank in whose hands it was placed for safe keeping, cannot or will not produce it.”

“What were the terms of the escrow?”

“On the payment of thirteen thousand dollars to the credit of Simmons, the deed was to be delivered to Spencer.”

“How was it then, that Spencer got the deed before the money was paid?”

“It was in this way. Spencer made a deed to McCartney as agent, so he would have no trouble in the transaction. McCartney made a deed to Spencer, and Spencer redeeded the property to Turner and Alexander. The Latter would not deliver the check until they had received the instrument. Spencer asked McCartney to let him have the deed in order to get the money. This was done, and Spencer took the check until they received the instrument. Spencer asked McCartney to let him have the deed in order to get the money. This was done, and Spencer took the check and handed it to Smith, who took it to the Bank of Leadville, upon which it was drawn, to get the money. Upon his return he handed the money to Spencer instead of placing it to the credit of Simmons, according to his terms of the escrow agreement.”

“Shall you support Mr. Spencer in the present canvass?”

(Author’s note: With election day looming on November 2, and the massive negative attention published in the newspapers over the prior week that labeled Spencer to be dishonest, Republican Judge A. S. Weston narrowly defeated Spencer in their bids to become Colorado State Senator. [28] )

“I don’t know that that is any of your business, but if my reputation for opposing fraud is not sufficient, I will say that I never supported a man that I considered a rogue in my life, and I will not support him, and do not see how any honest man can support him. I do not consider him the nominee of the democratic party, but a nominee of a disreputable gang which obtained possession of the machinery of the party.”

“What was the con-”

“Excuse me, but the twenty minutes are up, and I really can not spare any more time. I would not have said as much as I have, had it not been for the implication of blackmail in this morning’s Democrat.”

And so the interview came to an abrupt and interesting point. [29]

The scandal became a prominent election thorn for Spencer, who was labeled the frontrunner before the controversy became public. Sam, a party representative and Simmons’ attorney, endured some special attention of his own:

Small article of an opinion by Sam Rose in the Leadville Daily Herald on October 30, 1880.

Republican National Ticket. Leadville Daily Herald. Saturday, October 30, 1880. Page 2.

On November 8, 1880, Sam represented Assistant Postmaster Eldridge J. Dawson, who stood before a United States Postal Commissioner arraigned for robbery. Dawson was in charge of a post office safe that contained the monthly receipts, which ran several thousand dollars short for the month of September. [30] Dawson was officially indicted by a Federal Grand Jury in the Denver District Court on May 7, 1881. [31] When the three day trial got underway in October of 1881, Sam effectively demonstrated to the jury that Dawson and his superior, Postmaster Smith, were in the habit of attending political meetings together during the election season of 1880. To ensure that clerks had access to cash and stamps in their absence, they left the safe unlocked. This gave the appearance that any Leadville postal employee had the opportunity to relieve the safe of the $5,800 in question — a strategy that won an acquittal for Dawson. [32]

By 1881, Welborn was no longer listed in the Leadville practice. Only Hughes and Sam remained partners in their Leadville law office. The Denver firm disbanded completely, and Sam opened a practice of his own. [34]

Sam’s residence was listed as Denver in the 1882 Leadville city directory, [35] indicating this was the last year he had any notable presence in Leadville although he continued to invest there. He argued for a new trial in an estate lawsuit between Fish & Agnew V. L.B. Kendall on March 3, 1882. [36] By the spring of 1883, Sam appears fully reestablished in his family home in Denver at 628 Curtis Street. His office was located on Cheesman. Despite the distance, he continued representing Leadville clients. After his full-time return to Denver, his wife Pauline died from unknown causes in 1894 at the age of 45. [37]

The Leadville connection between Lillie Rose and Dr. Sol Kahn [38] might stem from a relationship Sam may have had with the Kahn family from their early days in Leadville. Young Sol and his father Marx arrived in Leadville during the early portion of 1880. [39]

In January of 1897, Leadville physician Dr. Sol Kahn relocated his Leadville medical practice to 120 West 7th Street, a move likely prompted by his upcoming wedding to Miss Lillie Rose in Denver on February 7. [40]

He Picked A Denver Rose
Dr. Sol G. Kahn of This City was Married to Miss Lillie Rose of Denver, Yesterday.
The Event Solemnized At The Residence of Dave May, With a Brilliant Gathering of Leadville and Denver Friends Present.

Denver, Feb. 7.-One of the most brilliant wedings of the season occurred in this city today when Dr. Sol. G. Kahn of Leadville, and Miss Lillie Rose, of Denver, were solemnized at the residence of Mr. David May, on Colfax Avenue, and were attended by a number of Denver’s most prominent citizens, the assembling being swelled by a contingent of well known Leadville people.

The ceremony was performed by Rev. Dr. Freidman, at 3 o’clock. Immediately after, the bridal party were conveyed in carriages to the home of the bride’s father, 1415 Vine street, where a brilliant reception was held, followed by a magnificent banquet.

The beautiful home of Mr. Rose [41] was charmingly decorated with flowers for the occasion, the effect being heightened by the blaze of scores of vari-colored electric lights.

The banquet consisted of twelve courses and lasted from 4 to 7 o’clock. A number of toasts were responded to as follows: “The Bride and Groom.” Dr. Friedman; “Parents of the Bride and Groom.” David May; “Denver and Leadville.” Dr. D.H. Dougan; “Meditations of a Bachelor.” J. Plessner; “The Ladies.” Lee Wolf; “Reminiscences.” Adolph Schayer. In addition, there were a number of happy impromptu speeches, and every one bubbled with mirth and merriment.

The bride is the daughter of Samuel Rose, a well-known and substantial businessman of this city, and is a most charming an accomplished young lady. Dr. Kahn is well known in medical circles, and is a prominent member of the medical fraternity of the Cloud City.

The bridesmaids were Misses Tillie Kahn and Irma Rose, and the groomsmen E. Katz [45] and Jacob Kahn.

Among the Leadville people present were: Mr. and Mrs. I Kahn, Mr. A Baer, [46] Mrs. Harry May and children, Mr. and Mrs. M. Kahn, Mr. and Mrs. J.O. Heimberger, [47] Misses Tillie and May Kahn, Dr. D.H. Dougan, Jacob Kahn, Al Hoffman, [48] E. Katz, I. Freedheim, [49] M. Sommers, Adolph Schayer, Edwin Kahn.

Dr. and Mrs Kahn left for Glenwood and Salt Lake in the evening for a week’s bridal tour. [50]

Dr. Sol and Lillie maintained a close relationship with Lillie’s sister Irma and her husband M.D. Barnett. In fact, the entire Marx and Fannie extension of the Kahn clan would travel to Denver in March of 1898 to attend Irma’s wedding [51] on March 7, 1898. [52] The Barnetts lived in Denver and the Kahns resided in Leadville, but the couples often took lengthy visits to each other’s homes. [53] Lillie was an avid whist player who frequently took first prize in Leadville contests and regularly attended games in Denver with her sister. [54]

On May 22, 1903, Samuel Rose died in the Denver home of his daughter Irma. Samuel’s health had been declining for several weeks, and both daughters were at his bedside when he passed. [55] He was initially interred in Denver’s Capitol Hill Hebrew Cemetery but was moved to Congregation Emanuel’s cemetery on April 17, 1912. [56]

Samuel Rose’s successful career as a Denver real estate broker and an attorney enabled him to die a wealthy man. He left his two daughters, Lillie Kahn and Irma Barnett, significant holdings that included $5,000 in quarter-annual payments for the duration of their lives. Dr. Sol Kahn and Irma’s husband Marcus Barnett were named co-executors of Sam’s estate. [57] On May 24, a notice appeared in The Herald Democrat explaining that Mr. Rose conveyed half of the deed for two Leadville city lots to Lillie and her sister Irma for the consideration of one dollar, but the date of this transaction is unclear. Sam probably added the clause in anticipation of his death. [58]