a town in Dunklin County, Green died of
when he Surprised Adams and two Others in an
filling Station, ADams fired One pistol sh
blasted Green with 2 shotgun, The other man,
by Officers Seeking to arrest him in st
and Convicted, The murder Occurred March 28,
Several Teprieves while attempts were made to prove
fire the fatal’ shot, This Story is 80ing to be harder
from the local Paper, Since it has not
Reference
ward (Mrs. )
Library
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research, and
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_ OW MAIL-EXTORTICH CHARGES
tedia ctaradine sald to Ilave Ad-
mutrad Sending Threatening
Letters to Former Emptoye.
wu
44
5 Chicas.
the Ampocsated Press.
Baradine, i$ years old, a domestic,
‘was arrested last night by Deputy
United States Marzhall John HH.
) Dugan, charged with extortion and
‘using the matls to defraud. Her
‘arrest culminated months of Inves-
tigation by Federal, State and lo
cal officials.
Investigators said that Miss Bar
adine admitted having written
threatening letters to “spite” her
former employer. She was ar
raigned before a United States
; Commissioner and held in $1000
Z'dail for the October term of the
Federal] District Court.
AWik, Venti he ott Gen ssited. seasaitha denis
“When vou decide to more, le
oe
ments
4 »
(3
ost-Disnatch rental advertise
tell you where te find s new
i exactly sutted to your needs
Vacancies in desirable spartmnents
‘a tte erty or subarbds are Usted in
‘ast: Dispatch Rental Columns
% The girl's arrest was the out-
‘come of two letters sent in June to
iMra. Harry Fischer, in whose home
ithe girl then waa scaled dag The
Netters specified that untess $10,000
lwas left ona ~~ bandétand, Ste-
ila would be kin
TODAY'S O
UR LUCKY DAY
Celebrating Our
3rd Anniversary
oes
3 Coavenient Locations
taytea Rd, et Big Bead
$e, Klagshicghwey, «?
Cilppewa
Ne. Klagsalgkway, et
Cote Erililente
Be Sere You Are we @ Park woor—leotk
ter the Jers be Orenge Joctets
( RUTLAND, Vt, July 12—Stella |
St
Fixes, Life Sentence for Ray
mond Noung in Hilling of
Night Parshall
By is Asenceisd Crees.
a
a
q
wears ’
Nsesrvevoai, Ma. vu
in Cireult Cour t last soa found:
| Raymer -d Young of Rector, Ark.
‘.pulity of the murder of Clarence
iGreen, night Lfarzhel at Campbdeil,
and recommended a life sentence.
Young, 25 years old, was the sec-
ond Rector man convicted of the
murder {In two days. Fred Adams,
20, was found guilty Wednesday
night and the death penalty was
recommedded by the jury. Doyns
Vinyard, a third man charged with
the slaying, was killed blay 10
while fleeing from police in St
L Louts.
Young dented on the witness
stand that he fired any of the shots
responsible for Green's death, and
before Vinyard's death bad namod
Vinyard as the actual slayer.
uphidy was stain the oight of
arch 28 when he tried to question
three men ata filling station. The
three escaped, but Adams was &r-
rested at Paragould, Ark. the next
day. Young's arrest followed later.
Young and Adams each have 10
Ir4’s.
'days tn which to appeal.
Ling rg Uncal id pra
LUMBER ®
EW SCHAEFER
AND
COtfax O3TS
ily 13.—A Jury |
4300 Maizral Bridge COtlaz 0378
par yrane |
eaAP TN ate
| A PAGE OF
f | PICTURES
| Daily in the
Post-Dispatch
——
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‘read before a Congressional com- |
J
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aly
hae Jekace mane nd dobventnthrded
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HO testified by depostion'
that he was paid $25,000 a;
year by a German chercical fizm
to advise it on trade with the
United States. His testimony was)
see
FINDS WAY T0 HAVE
ARPA SAPTN AUDITS
THE STATE HISTORICAL SOCIETY OF MISSOURI
COLUMBIA 6520]
Ty Seite e:, a ~ —
pKa hanged Kirt, flo ¢2 jigs
26 May, 1977
IARD S. BROWNLEE
DIRECTOR
Mr. Watt Espy, Jr.
Box 67 |
Headland, AL 36345
Dear MR, Espy:
In reply to your letter received May 23:
Mrs. Ross is correct in Stating that Ralls County had only one
legal hanging, The information she gave you was correct; Johnson
was 24 years old, born in Hannibal, Mo, If did not supply
you with full details I can send you a Xerox copy of a news story
about it, published about 20 years ag0, combining most of the facts
in one Story. The charge would be 35¢ for Copy service and mailing.
Cash or your check in the exact amount should accompany your
he came from St. Louis, [I have
He was hanged 13 Dec 1831.
e been. If you want the
end 45¢ for it, cash or
As far as we have been able to ascertain, the last legal hanging by a sheriff
in Missouri was 21 May, 1937, at Galena, Stone County, Mo., by
Sheriff I.H. Coin, who hanged Roscoe Jackson for the murder of
Pearl Bozarth, the murder occurred in Taney County and was tried
n Stone County on a change of venue, Bozarth was from Evansville,
Ssouri. Jackson was a white hitchhiker native of Ozark County, Mo.,
that Bozarth Picked up. Ags they drove through Taney County, Jackson
shot and killed him and took his car. Details of the murder,
trial . hanging, and biography are in the Galena, Stone County
News-Oracle, May 26, 1937, Page 1 columns 1,2,3, and page 8 col 3,
On microfilm, A photocopy may be obtained for $1.05 to cover cost
of copying and mailing. (Jackson was white, age 36.)
| Feb Gory
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DOB OR AGE
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Ahan : fio rs AE ye te Eas her
(ie poeaas Ct. Vip ueoes [2srer . bata Anseatked “ferry _
Ash Lig f Aadullcd
"Murdered For A Ten- Dollar Bill
(continued from page 47)
-. commission of another felony.
- On Friday, February 29, Newfield
stood impassively before Judge Scott in
Marion County District Court in Marion,
Kansas and listened to the maximum
‘sentences handed down on the charges
he had been found guilty of committing.
He was sentenced to a term of 15 years
to life for the second-degree murder; life:
.for aggravated kidnapping; 15 years to
_ life for aggravated: robbery; and 5 to 20°
years for aggravated burglary in connec- »
Judge, would be ‘a a worthless and a futile
tion with the slaying. Despite the fact Heat
the judge ordered the sentences run con-
secutively, Newfield will be eligible for
parole in 15 years, according to Kansas
laws. .
“Judge Scott told Newfield that the
court’ had found that he had ‘‘acted with _
intent and knowledge of the consequen-
cés of his act. The victim was robbed,
brutally beaten and brutally. murdered,
and the court finds the murder was
committed without compassion.’
Psychological treatment, said the
effort’’ because Newfield ‘*is an angry,
irresponsible, impulsive, unpredictable
and an extremely dangerous individual.”
Talking with reporters after the
sentencing, Jean Newfield, the convicted
youth's mother, said: ‘‘We love him, but
I don't approve of what he did. I’ve gone
from every emotion from anger to trying
to justify in my own mind what he did.
But it just doesn’t justify.”
She dabbed at her eyes, wiping tears
away, before continuing, ‘I can see now
where when he first was brought -home ~—
by policefor breaking pop bottles in the
street, something should have been done.
Maybe we should have pune ‘him.’
Her voice trailed off into tears..
(Editor’s Note: The. names Allan and Sue
Kendall are fictitious. Use of the real names
would serve no public purpose.) | wt.
‘No Place To Hide When You Kil A Cop —
~ (continued from page 25)
trace of the killers...
As the men discussed the night’s
_ ‘happenings, they wondered if the gun-
’ men had indeed been moonshiners as the
theft of the glass jugs seemed to indicate.
‘‘Even if. they are, it won’t help us
much,’ Weeks said. ‘‘There are lots of
those fellows around and we would have
- to raid a lot of stills and grab a host of
bootleggers.’’ He shook his head deject-
edly. Then he thought of the loot the
burglars had assembled, and ‘he re-
membered the odd sound of the auto-
mobile in which they had escaped.
‘‘Those fellows had a new head gasket
selected,’’ the constable suggested.
‘‘That-might mean that the hissing sound
we heard from their car was a leaky
gasket. If so, they will have to quit |
driving the car before long or have it
repaired.
**There was also a new battery and
tires in that bunch of stuff. They probably
have an old model car that: may help us in
trailing them.’””
‘Brown did not reply at once but,
reaching for his phone, he began calling
garages, filling stations and automobile
supply houses all over the district. Then
he called the officers with whom he had
. talked previously and warned the men to.
be on-the alert for purchasers of head
' gaskets, batteries or tires. The marshal
_reasoned that the criminals might make
the necessary repairs themselves and
_would purchase the parts they needed in
some other town. Both officers:realized
that the criminals might commit another
burglary in order to secure the repairs,
but it appeared more probable to them
that the:men would not risk this so soon
- after the murder.
_ Brown mentioned the possibility of the
gunmen abandoning the getaway car. *‘I
epee
doubt that,’’ declared the constable.
‘*Since they were evidently going to steal
" parts for it, I believe one of them owns it.
If so, they certainly can’t leave it where
it would be found. And with the whole
county knowing about the murder and the
faulty gasket, it will be hard to hide if they
try to return to their home. I have a
feeling that they will try to get another
gasket soon.”’
The men then compiled a list of all men
whom they knew had been arrested or
suspected of being bootleggers or oper-
ators of stills. But most of these indi-
‘viduals were middle-aged and could thus
be left out of the picture, for the killers
had been young men. At last they had to
admit that this procedure was not going to
net them anything. Known bootleggers
would lie in order to protect one of their
number, even though the suspected men
might be business rivals.
Night came and the officers had neard
nothing from their broadcast alarm. They
had returned to the scene of the crime and
gone slowly over the escape route, but
the gunmen had left no clues other than
several discharged shotgun shells.
The next morning Weeks had just
arrived at the office when the telephone
rang. It was Irwin Dickens, city marshal
in Senath, a small town several miles
away. This officer had interesting news.
He said that shortly after midnight on
March 28, the night of the crime, three
young men had brought a black Chevrolet
car into a Senath garage to have a leaky
head gasket replaced. No news of the
‘murder had reached the town yet and the
night. mechanic of the garage had not
known the three men were wanted, there- ~
fore he had not mentioned the incident ©
until a few moments before the officer ~
called. The men had driven out of town
it
after their machine was repaired and the
garageman had not noticed in which
direction they had gone.
The two officers drove to Senath where
they found the mechanic in the marshal’s
office. But he seemed to be able to add
- nothing to what the marshal had: told
them,.except that he did give a fairly good -
description of the suspects. The Camp-
bell officers were disappointed although
they realized that they now had a little
more upon which to work.
But what they had considered to be
_ their best clue was gone. The gunmen had -
‘succeeded in getting the car repaired ©
without being captured. Therefore, the
only thing they had. gained was the
description and they both knew that this
could not. aid them greatly until the
fugitives were apprehended.
Weeks was silent for several séconds. -
Then he turned to the informant. ‘*Didn’t
.they talk about anything that you can
remember?” he asked. ‘‘Did any of them
mention a name or where they were
going?”
‘No, but after waichiog me work
- awhile, the one with black curly hair said
_he was hungry and asked where they
could get something to. eat. I directed
them to a restaurant and they left. I had
the car ready when they got back. There
was something else too, but it couldn't
possibly help you to learn who they are.
They hada bad battery and bought a used
one from me.’
. Weeks and Brown accompanied the
man to the garage where the mechanic
pointed to a battery which he said he had
taken from the suspects’: car. Weeks
noted the name of the battery, which was
- a well-known product. ‘‘It doesn’t look
like this is going to help much. There are
thousands of these batteries in use, and
we might hunt forever without finding the
“man who bought this one. Judging from
(continued on next page)
by. JACK CLEMENTS
No lights snowed on. the
No Place To Hide
en You Kill
police car as the three offi- fa
cers watched the small pen- -
cil of light moving inside the
_closed-gas station in Camp-
bell, Missouri, at midnight -
on April second. The law-.
men were City Marshal
Rodney Brown, Night Mar-
shal Clarence Green and
Constable Henry Weeks.
Green had been on duty and he had
enlisted the help of the other men when he
had received a telephone call from a.
woman who said she had seen burglars
- breaking into the gas station near the city
park at the edge of town.
_ .. “The woman said there were: three of |
. them,’’ Green said, ‘‘and there’s three of.
' us. Now the station has only two doors. :
One in front and one in back. If we come
in from both sides and the front, we'll:
have them bottled up. So you guys take
each side and I'll hit the front.”’
Weeks and Brown nodded silently and
_ the trio left the car as quietly as possible
with Green waiting for his colleagues to
reach their posts before approaching the
front of the building.
When he was sure that Brown and
‘Weeks had taken up their positjons, the
night marshal took care to silently reacha
. Spot on one side of the open door. ‘‘All
right, you guys, ** he called out, ‘‘We
know you’re in there and we have you
surrounded. Socome out with your hands
up or we'll blast you out.”
Instantly the flashlight was es tliimulahe
ed in the station, and for a few seconds
’ there was .no sound.. Then suddenly
’ Weeks heard the thudding of running feet
and/the rear door slammed back against
the wall. Then came the roar of a shotgun
-. from inside the station and the officer
heard the whistle of the shot as it bie cn
. Within inches of his head.
24
Night Marshal Clarence
Green was shot in the face ©
trying to nab thieves.
Judging from the height of the shot, he
felt that the criminal was also lying flat as
~ he was, so each man was a poor target for -
the other. He did not answer the shotgun,
for he felt that there was little chance that
his bullets would find their mark. He
hoped that the burglar’s weapon was only
either a single or double barrel and not an.
automatic of any kind.
Suddenly the constable lifted his head
and listened intently. From ‘the street
could be heard the hum of an automobile
engine. One of the burglars had sneaked
around their flanks and reached a get-
away car. Ignoring the - danger, -the
constable stood up and shouted to his
companions to follow him.
The three men raced toward the spot
from where the last shot had come. Just
as they reached the woods’ edge there
was another blast of gunfire. With a short.
} ,
(3 be L- OLA
IG 72
/ 1, OFF
cry Marshal Green threw his hand over -
his face and fell.to the ground. He was
dead when his partners reached his side.
Brown and Weeks stood a moment
looking down at the lifeless body of the
young night marshal. Then, reloading
their pistols, the officers continued in
pursuit of the gunmen who now were
guilty of murder. But the outlaws had
_ made for a cemetery and, dodging from
stone to stone, they again opened fire and
succeeded in reaching the other side of
the graveyard.
Here an automobile that was running
without lights came to a stop on the road,
and, as the officers raced forward, they ~
saw the two criminals enter the car and
disappear. Both men..noticed that the
machine made a peculiar whistling sound ©
as it sped away.
’ There was nothing else they could do
but return to the filling station. Walking
back, they knelt silently beside the body: .
of their dead partner and made a more
complete examination. Anger surged
through them as they glimpsed the fatal
wound. Clarence Green had been only 28 -
years old, and had held the post of night
marshal only a few months. _
' Weeks rose and ‘hurried inside the
station. He called Dr. George I. Gilmore,
coroner of Dunklin county. The physi-
cian promised to come at once, and
Weeks then called the office of Sheriff
Thomas Donaldson at Kennett. To his
dismay he learned from the office deputy -
that the sheriff was out of town and would
not return for several days. ‘‘It looks like
it’s up to us to handle this,’’ he said to
Brown. .
_The two officers were not idle while:
they waited for the coroner to arrive, but -
questioned the crowd of curious specta-
tors which had increased to over a
hundred persons. But none of the people ©
had noticed an automobile standing near
_the station, nor had any of them seen any ~
suspicious appearing characters loitering’
about the place or in the town. a
Back inside the station, the two officers °
inspected the small room. Near the back
J
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4)
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2 tb
i
7
4
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door was a large pile of merchandise
which the killers had ‘evidently méant to
take with them. Included in this collec-
tion was a ‘storage battery, a head gasket
for an automobile and a set of new tires, .
all of the same size. The owner of the
place entered, and Weeks asked, him to
sort the articles to see if anything had
‘actually been stolen. The man examined
the assortment and smiled. “I believe
there is nothing missing except five
“empty one-gallon glass jugs,’ he said. -
Innocent-looking gas station was scene of bloody murder.
‘There was no money taken because I
don't leave any money in here at night.’’
“IT wonder what they wanted with the
jugs?’ Brown mused. ‘Could ‘it have
been to carry gasoline or oil?”’
.Weeks shook his head and pointed to
several full containers of motor oil, and to
three five-gallon cans which had obvious-
ly been intended for gasoline. ‘‘More
_likely the jugs were for liquor,” he said,
and. Brown nodded.
Both officers knew that moonshiners
and bootleggers were a common thing in
that part of the country. Since the product
a ready sale.
Weeks indicated the head gasket. ‘‘For
a Chevrolet?”’
The station owner nodded. ‘Yes, it
will fit several models.”’
Again Weeks stepped to the telephone
_ and now began calling all surrounding
towns, asking authorities to be on the
lookout for the fugitive car. By the time
he had finished this work, Coroner
Gilmore. had arrived and, after a brief’
examination of the corpse, ordered ‘it
removed. The two officers now turned to
the citizens and requested that all of them
Stubborn investigative efforts by
Constable Henry Weeks paid off
‘ with convictions.
|
4
Dayne ‘Son’ Vinyard was shot by
police during wild chase over
St. Louis rooftops.
. a i ee
ZT PCTEPPP Ce GEE EEE PE ES bovine:
/
who owned cars bring them to the station
immediately to form a posse.
The marshal and constable realized the
was cheaper than legal whiskey, it found * outlaws.stood a good chance to evade the
posse, for they had had a long start. But
Weeks notified the keepers of all toll
bridges across the Mississippi to watch
for three suspicious-looking youths in a -
Chevrolet. He thought it possible the
killers might be intercepted.
When the townsmen returned with
their cars, mosf of them were armed,
either with shotguns or rifles. Weeks
divided the cars into three groups. The
first group he instructed to remain on the
paved highways while the second was to
scour the side and crossroads. The one
which he-and Brown led took the road
past the cemetery where. the gunmen |
had disappeared.
For the remainder of that night the men
searched the country-side for miles
around, but they did not find the slightest
(continued on page 48)
With the desperation of a cornered animal, the
ae
\
«
cop-killer raced from pursuing lawmen to the edge
of the roof. Ignoring their commands to halt.
the fugitive let out a wild yell and —
-. Jeaped into space...
a a
i
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L822 2%
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v
the age of that car it doesn’t seem likely
that this battery was original. equip-
mene
Stooping, he carefully scraped the dirt
from the terminals of the old battery and
‘uncovered a set of numbers which he
copied into his notebook. ‘‘There is a
thousand-to-one chance that we can
locate the place where this thing was sold
and possibly identify the buyer.”’
They left the garage to proceed to the
‘restaurant where .the killers had eaten.
The woman owner. of the place nodded
‘when they inquired about the three men.
‘One of them did do one thing that you.
might like to know about,”’ she declared.
“I had a doll on a punchboard and one of
_ them spent over a dollar trying to win it.
Finally he offered to buy all the chances
on the board. When the other two kidded
him about the doll, he laughed and
explained to me that he had a wife and
baby and wanted. the plaything for the
baby.”’
- ‘The officers felt slightly encouraged
by this statement. Although they failed to
See how. this particular incident could
help them, it showed that they at least
were making some progress in the case. |
For they now knew several new things
about the killers. One thing was the
approximate ages of the men, another
was that at least one of them was married.
The woman spoke again. ‘I am not
absolutely positive of this,’ she began, -
*‘but I believe I heard one of the men call
this fellow who bought the doll by his
name. I don’t know whether it was, his
first name or -not, but it sounded like
Tom.”’ ‘oa
Again the officers felt encouraged. If
this were the name of one of the criminals,
they thought they stood an excellent
chance: of trailing him with their know-
- ledge of his family. This was provided, of:
- course, that the man lived nearby. They
_ were fairly convinced that at least one of.
the -men was a local resident,-for the
station they had been robbing was not on
a highway and it seemed logical that had
the. criminals come from some distant
oe point they would have been more likely to.
select a place on the highway rather than
“an out-of-the-way establishment.
Back in Campbell, they called on the
nearest garage and explained about the
battery. ‘But their hopes were dashed
when the owner of the place explained
that it was: the practice of most places
simply to stamp a battery and thus keep a
record of sale. If anyone returned a unit
for an adjustment on the guarantee, they
relied on the date and thus computed their
allowance on a new one. So, he pointed
out, unless the dealer happened to re-
member to whom he had sold that parti-
cular battery, the numbers the officers
had found were valueless. |
Still clinging to the theory that the gun-
-men were residents of that locality, the
\
_two investigators hurried to the county
' seat at Kennett and proceeded to search
the marriage records. They agreed that if
the suspect for whose name they. were
probing had been married in that county
they should have little difficulty in learn-
ing his identity by a process of elimina-
tion. In view of the probable age of the
three wanted men, they went back only
five years in the record for it did not seem
likely that the man could have been
married-much longer than that.
Soon they had located four records in
which the groom had given his first name
as Tom. None was found with that for a
_ family name. It did not take them long to
learn that one of these men was a local
\plumber while another was a grocer and
they scratched these from the list after a
brief inquiry. This left them two more
men to investigate. One of these, it was
learned, had been living in Philadelphia
ever since his marriage four years before.
That eliminated him.
Their hopes had reached bottom when
at last they drew up before a little cottage
in a quiet neighborhood in Kennett: They
were still more. discouraged when they
saw that. the house was unoccupied.
According to the record, a young man
named Tom Barth had lived here at the
time of his marriage, and they called upon
a neighbor hoping that they could secure
the new address of the suspect. But the
housewife to whom they talked, shook
her head and said that she had not known
the Barths well. But she did reveal that
the family, had not owned a car, and that
two young men had been frequent callers
at the home. Oné of these men had black
curly hair and, what was more important,
_one had driven a black Chevrolet sedan.
The informant had also revealed that the
‘couple was newly married and had moved
into the ready furnished house soon after
the marriage. :
There was one puzzling angle to her
statements. The young. couple had not
- had any children. But the lawmen reason-
ed that as the Barths.had moved several
months previously, it was entirely
possible that the infant had. beén born
. since their departure from the neighbor-
hood, ar 8 ok
The cottage was not locked and they
searched it carefully in hopes of finding a
discarded letter or some other clue that
would give them a short cut to the where-
abouts of the suspect, but they found
nothing. |
How were they goirig to locate the
missing suspect? “‘If that baby was born
in this county, there should be a record of
it,’’ suggested Weeks. ‘‘And the attend-
ing physician will also know something.”
They soon discovered that:a child had
been born to the Tom Barths and from
the attending doctor they secured the
address where the baby had been born.
But to their dismay they again were
confronted by a vacant house. Once more
they talked to the neighbors, and again
they found that these. people knew very.
little about their late neighbors.
A search of this house brought no
results and the men returned to their car.
‘There is one point that we haven't
looked into yet,’’ Weeks said with a
frown. ‘‘The Barths might have left this.
house, and if so the post office authorities
will give it to us in a murder investiga-
- tion.’
Some time later they walked jubilantly
from the federal building with the new
address of Tom Barth. They were only
slightly disturbed to learn that the suspect
had given Paragould, -Ark., as his
address, for they knew that the Arkansas
authorities would assist them in every
way.
It was night when, with two Paragould
officers, they stopped half a block froma
house that stood ona corner near the rail-
iroad yards. The Arkansas officers went
to the rear of the place and Brown and
Weeks approached the front-door of the
lighted dwelling. Stepping quietly onto |
the front porch, Brown knocked on the
door. Voices could be-heard from within,
but these ceased abruptly and the lights
were instantly extinguished.
A male voice demanded to know who
was knocking and Weeks called out that
they were officers. A muffled curse was
heard and then all was quiet within the
house. But suddenly there came the
sound of running feet from the back yard
and the constable heard the Paragould
officers shout a command to halt. Racing
from the porch, the two joined thé other
officers in the rear in time to see three
young men running under the streetlight
on the corner. One man stopped suddenly
and fired four shots from a revolver at the
officers, but the. bullets did not find a
mark and the fugitives disappeared into
the blackness of the railroad yards.
Quickly, the Paragould men took one
direction while Brown and Weeks started
another way. As they crept through ‘the
dark ‘yards the officers could hear only
the crunching of their feet on the cinders
and the puffing of a distant locomotive.
They wondered how they. could ever -
locate the suspects in this. maze of cars.
“Fifteen minutes passed and they had
almost decided to ask the Paragould »
authorities to: give them enough men to
completely surround ‘the yards and
search all cars, when they passed an
empty gondola car.on a side-track.
Suddenly Weeks grabbed the mar-
shal’s arm and they both stopped short.
Someone nearby was trying to suppress a
cough and they quickly saw that it was
coming from. the car beside which they.
were standing. Brown crawled silently
along the side of the car until he reached
(continued on next page) ©
. 49
at
a
PRISE foDEATH PI
d. and Prop. itd
i - 2
NAL TERM Bonar SsieBrW, Gitee.| «wi
|
| Foliowing are the names of the -\
Pjurors who tried the case! ¥. R.A. eo
ary. Foreman;.H. C. Hall, D. GC.
PHartner, James Nelson, Thomas Me-
“Se ; Vooka Plain, Nathan M. Grigg, Rafus Ken
bay nedy, David ‘Tinnell, Daniel Maxfield,
eo. oS OPN. PH.O"A. Calhoun, Davis Watts and Ja
Lng, Was i Duval!
James Allbricht Must léxten-
~ _
; pid i I ' i] ' irnea | =
: ‘ , 7 ° ,. 1 « Al ri : ' he oe i | ay} _ i) : : T
Cairo “CRIME I MBNITABEY Hternoon MBEDD YS: SHOWER * '
uisfaction .( the cour that the
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~ : id) ’ ’
7639 Sa Woh Ed ivi PRIB if ‘ S unsafe mad Judy R i¢ Ordel
‘x: v4 , ; '
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ead Tair ») ); saddle to this oflice or to the owner. | (un lam Li
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at prPcatl Ba Cu 4 : I ( isn or til ,
i t \e 7
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; ; : ri.
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ren . ; £1108 ; ( ia? ‘ L}¢ ave nt a | LOTT
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| rors, 1) : it Cow As |
: WaAlLeCd i
ier q*T ; ) i ; \ I : ;
heel but strik With an Iron } RIM: Poy k Ra cone ) r “ter ot *
a) nel the conviction try. 6 right is |‘ rie hig, ut rt, ; ; pa ‘yp ny
an Bes bub one re dtlustration of abe eee rhs , rat ia ma IC
MEA RTIN proverb. °° Tle. way f thie ‘That go ae | pe . eae
/ Will n 4 pron '
. } : : ;
e Uy eCSSOI Ly har ; \ | brigh \] / 4g yr reiee ’ ; itr -
lingereoun: i ie) Ww
in : it » } met i! al : ' hy : ?
the Marb] / i? MO! i EES Be ALTEC C Eg
. u ; re r :
lit tii) mvViIat) [ | {*i Mm / rg ' a | } 23 mul to ~ bi
; say ; : 4
BF ened and qdesyr ' : hey ~
3 sin chat ‘fai ¥eul Wan tia i NG vy «
~ \ f : ~ ‘ bette ‘ . .
fot da J i : : it %
i~SO i.ed with (ft Sper i eine
LCTanes of thie : : in | ) | i.
Ing Attorney of
hi righ WAS. GOnViIG! | of the ‘ ' ; APTOS \POOEe, T
i . aa ‘ C4 ‘
L110 WO, , rine of inurdering Creo. S. elietrop % The N
stroved ; |
af ee eS fitz
Be . : a }
[)é ne LusLerro! LO and,
next ners, . , l vala “aah &
yi} Px . S(T] | Mired
fer) 4 sf ly '
\ I Was [ roy
) '
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} Cd I ed 4 °
, ae Pt : A i t"y |
Li 4 }I1}) . ; . | ;
\ n GCompany Ww \] ] {
I’ ¥ 4
Al Cd US At SOry . Piri, Spent ai th POE I {
ii
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i rh if i \\ / | } if; Pele Aa LOL ! \¢ Don! | Ar i¢
°
i np Ms \ of 2s thin | one he d ( , ' it boy A.
Cu Gespa :
: \ | brporlyt bevy wer , :
, ’ } ere ( TaaT
ee / /Mui> LO C\ cbcit Lie ‘ il 1 tiv, ; ;
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/ v1 i! i Wy rh Vita ; un R . . . ;
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5 | ; til .
rat :
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Li L)T ; iV ) i ! ; : it
i : At | : Gici De U . : a . i yd
ner
hy i i : ;
% ‘ ‘ } .
f : ; ; po C1 " Ca
’ Via ti Wan > i : iy
Warning ' | i no ‘
1d | eh BLCO Dat lesee)
. (ra i I : i {j /
; ; .
on i( eI | i\ .Y :
‘ Ae
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: ; i ry ; wit
\ , ; thy, i \\ - :
Cty rt : yort \ = ext | ' : ' |
Loa : Pris ‘ ; : | ; ; : - |
vy ( yf : \ i ; | ' ; } { th) | i] pd
. | ni tit | d I) Ly ' '
/ PCilaln i" : .
l : L] : \ ea ! te JA \ ( CT hs
‘ ; . Pe
we Lit : ii 1} .. 3 >
ry danger Pia St ther rreat wa
; wert re / ' { Live ify . ; ~
Bid bent rncl I} ' [ler a wpost mito ta (rel W Lec recently
On fl : ay : ;
tibet : } ' \ it} ~ y1 ay? ti!
“yf ryt rin¢ ; ) ! rag ) te '
V OULOT the pa , ee a ne f hort tn) aT + |] '
‘ aa | if tilait a it’ Lr il “Ati ~
ase. the f{ s and Consick r of th rn PEE yn
; , 7 Lb CHane ' Drices. 14) Mhaomiy ”
aay cit lel bs Jim Albright ah bh America =
Y Millinery Wa LHe World Over has b WW Geer gor
and | ~ thust forfers lis ifeas a penualtyfor { ai: bCeM selene
ani hand- Y ana Mmproved Mma Hhinery. Keyes r }
liand|« d by apt o Soa ON s thine i? a) ri : vid ar "
From the facts brought otit in the a as eh | ASSES BOM
, ' C ‘ . P 1 "Tr ; { ry; : . ‘ (a, -
trial the jury could not under their| tan eve weak When we firs
f ro las : ’ ; ) ; bas ; ‘
ast reads: oaths have rendered eny other ver MHMe aCe tnuiaeture Wagons
ind Satur- ' We. ' tee] vort ey ee.
ic sel u let than willful. premeditated mur- Siete] Wald WoO] if ’ ber t nm aud -
; UNSsettied | Gep Allbright borrowed a shot gun iron SOO a ton. Now thi price is
; ‘ aed
eS VPOrc~cdon and she Lis, went in the adireetion of about S25 The fy et, 4h the Pi aah
rature by » ata »}y* oftay } » o¢ ft } sy) ry) ; “ 7 : f :
ht? the olicers, after he saw them c@n iF load of wagons we eyor shipped
it, r Cn terry Sey ashe tholp ae ol | i
, To ers and ht hae d CC i froin ( eas 'was S147: téidivitinn.
packed his | proach, and when Elliott knocked on =] RC A!
) , ; = reign Vagous, suchas thi I,
id shipped’ the door deliberately fired through
, " Pd: tin OwWlers ay rhit f ; ‘
icra he the door into the ehest of Elliott | “otal Y Nils atid \
. Iti 960-OM ely lad their anaecl mt
yinit ltev. |} resulting in his death. Nous Clr anachiners
WMer- (297
: eC OT OW Cieractel me o ein a ; ’
mary Work :
. ‘ fi a | i} ; .
A Pa SC CoD Spe Pilives . ;
i) DCiligilll ' . -
° | ; i ‘ pled tw | ’
etit i
ry danger ies As
were nee / j p
1 front of ibaa
nel Ante / [ | Host
r) a '
7 (1) i é '
' ‘ prsal ab skh) Osclien ; {
OULOT the : ’
} ’ rit ; ~
iS¢ i 5 1tj(t 4 I it | | es
} : ; | . ;
\ (ied Libs \I
I} ] I
\{ | ‘ if 1s j a*t : \
ma } at ¥ : } : :
ana iti s 4 ‘ Mh)
ndled by
thine ean POC
by e fa broug n the aS
' } \ ye! : |
‘ ti { t ITrvVeeord 1 | unaer their ae
i rey . ; ' r Geil te | :
Loh " } \ nie. cb ey the? Ver ee eee | ; | \ 1 ;
i : Ne : : \\ ¢ ; ; ~ " = ; ; ! me
I » ok leditated miu pret a ———
LITINEé Lied : \
\ : Lulbright borrowed a fe I : \ ’ C pres
{ ; rid : ’ ’ ‘ ’ t " |
eene Weert) in hie di ‘ Tt} it) i { rt}
rature fj ' ty ; ;
tht Oilers iif oP -Tre Sw TI
‘ \ ; SiLLPP TO
ia 7 onan | : | - ; : bie. ‘
Li oe Rah MmMOW] aliak AWULTeU iit | i ’
1d) , Re, . ‘y i\
pa Gh proach, and when Ell cnocked
} ; —_ | \ ' _
fini N , ype . uu y a ) r | Ll
, , 4 inne OW f ey ‘ .
Wier rit hye a] } nt thi hye + ; : 1} |
t» ‘ eS Pe
I Ivey resu ne 1 his - cline :
oiMtme ; rom iat tof [ )
Cments A ft ry ned r @ if i] i ‘ : i
: " . ;
; eiswhave be It 1o enou Ural f id
ses of |, ; SE) | ' ; & e@
; : ae ALLO i i
out, and We ( t
scnutence WAS isseqd tiisevenit » : i
: ul y , ~ 7 \ } & ~
’ U4 / 10's lt : OLE Gee... Li awit | 0 . ay \' / I Ca A : :
“nay ~ | : ,
bandeate f the law was 4 nounes Wayon o1 Iver ti wa
0 m the L ‘ :
in th Vy ef : ey
\l wT : ti \ : hiv if 1} 1 dene Tach ire ia hi . } > ie ow iW
MG r “ vil f blect
' ral went P phabede ineed aM netting < ; , re
lt \ orders _ )
t : } ()-t1o) WV \\ } it} <) .
\ to show ' er iy } eet } : i\ (y bel : ’ . i : ag
at ao ar Kas
MOStmaster HAVE Percy ol your s ~o . ' ytt : IV al in (
ort in his Oner with drawn ntenan and f AOR: 23. n in freie! ‘
- , ~ *
lStye CLO é ith ; tlior 1) ’ ; rif} 1} y . frit sat 1) SITs i } Woes lo =
- f : ’ , fis ; .
uae Jislenedc pthe fatet WOT aus . : - ACU Tabi
ire week Hat s Lied ly sty | jf ptis (th
iad to haul Phe Case W : L)¢ WpypewMis to th a ’
t Arcadia tyr ( rt } ; | IN rt 4% } je 131 .
7 ale Su reine OUT wd execulion Post: | - Li ili ~ ay
Water by ; ‘er
ee oi ned until 1 in be reviewed io €h Pam on be Speclab- hces to
Mi spring. . *; be , .
, say ligher court, Lie lawyers veneral- irbies WhO Wau ty Tth GuaAntities ‘ , ;
S$ the first
nvuter- | On make you
rc trical. i
ly are of the
ial error
OPTaLOo that no
Vears that
hat it has
Wis Com ec 1 t} sd mone) tuan VOU {
. ;
Dill
ater other and that the verdict willbe affirmed | Were. Come and see hay and oy ;
spring to tn the Supreme Court The defen- | prices before busing Bie at ley, a
-e | + } ; / Lt mt own
vister, dant was represented by Judge HH. | Gk. Witkiwsox
: 5 | them and ¢
White
‘ALLBRIGHT, Charles, KXHKK, hanged Charleston, Missouri, July 9, 1898,
MISSISSIPPI COUNTY HISTORICAL SOCIETY oo
Charleston, Missouri 63 J/-<sP 7
4 Feb 19871\ [2 CGE IWEIN p_ miss
coun)
MAR 3 'C87 co
Mr. Ronalc C. Van Raalte
PO Bx 72883
Roselle, Ill. 60172-02883
Dea Mr. Van Raalte:
Sipenace HANKS e-ittec ibe:
A year or two azo we received an indriry similar to yours.
Il enclose 2 copy, You mg, if you have not already, want to
contact the Mo. Lodge of the Fraternal Order of Police for in-
formation,
No one I asked remembers my line-of-duty killings other
than the two I cescribe here.
On 28 Feb 197€& Gordon Galemore was shot and killed by a
rotbery suspect, mo was himself killed, = few minutes later,
by a deputy sheriff. The incident was not really en arrest;
Galemore, off cuty, end some friends had teen playing basket-
ball when his assailant avnroachec their car end asked for a
ride, When the car stopoed at the police station, the assail-
ant procucec a pistol md began shooting,
The other man xillec was Prosecuting Attorney George S$. El-
liott, 15 Jan 1897. I do not know why the prosecuting attorney
was making an arrest, or whether he and the other policeman in-
volved were regularly deputized- though I would presume they
were,
At 2 PM that afternoon Mr. Elliott and Charleston deputy-
marsnall E. G. Elkins went to arrest Jim Allbright, wanted for
killing his brother-in-law, Isaac Lange. They found him at the
nome of Jim Mattingly, whose daughter Allbright visited, Elkins
waited at the rear door while Elliott knocked at the front door,
stating that he had a warrant for Elliott's arrest, and order-
ing him to come out. Allbright, using Mr. Mattingly's shotgun,
shot once through the door, hitting Elliott just below the
heart, then poked the sun through the hole in the door and fired
again, hitting Elliott's left arm below the elbow. Notwithstand-
ing, Elliott enterec She house in pursuit of Allbright, but All-
bright had locked himself in another room, Then, feeling faint
from loss of blood, Elliott went back to the buggy and was rushed
to a doctor by Marshall Elkins, He died at 1 AM the following Fri-
day. I hac heard of this incident, but took the details from
the Charleston Enterprise-Courier of 15 Jan 1897 (on file at the
Mississippi County Library, Charleston, Mo., photocopring avail-~
able,
Allbright was arrested at his home by a posse 15 Jan 1897,
tried in Mississippi County and found guilty 22 Oct 97, senten-=
ced to be hanged 3 Dec 97. The judge ordered him moved to the
Cae Girardear County jail "for sefekeeping." His attorney plan-
ned to apveal,
= iw
2p ee rane Ie 8 aencnenw eS sceniahiagin poet ee lh inert acne BI sayin inst gph EE rng cts
. | pe
+ 4
{
4 “,
“Remove Nor eee
~—=—
_—- —< ae ae
ein oe PLATTE CITY, PLATTE COUNTY, MISSOURI, FRIDAY,
seenabieigiemnasinn
++. a home
Se So
MAY 2: 1902
——
ASSF |
‘The Seconda Legat Execution in Platte County
Takes Place Friday, April 25. The Prison- |
er Shows little Emotion.
tion Quicksand “Supcessful,
Body of. Armstrong Sent to—
Clinton County, Missouri, _
for Burial.
:
HISTORY OF THE: TRIAL, RESBEFES,-ETC?:
A
_—
The Execu-
The-
we.
Hh Glandtathe; Was Wi With General |
: Leavenworth.
There is a man living in Platte
City who is taking a great interest in
the preparations for the re-interment
of General Henry Leavenworth Deco.
ration Day. His name is James A.
Baldwin, and he is a prominent phy-
|eielqn.- Dr. Baldwin ’a grandfather on
his inother’a side was a senior captain
with Colonel!
name was Ap”
Johnson. His time expired
Fort Leavenworth and he Ir’
vica and bought up seve:
acres of land in Platte
“Thave often b-
er tett about tr
log: hoyse ~~
Dr. B
Henry Leavenworth !°
-| when he laid out the Pdet in 1897
| The captain’s
J Sterliog Morton of
braska, died at Chicar
of April. Mr. Mort
braska, iq the 50’s
a prominent °
school. He’
ritory of ©
term ar
Cleve’
iu
SAT ALT OTrurer
JTati3af
Sam left, Ex stayed awhile and then
went home.
The next day he was in the poolroom
when the police made a raid. They
picked up two men—and Ex. The three
were taken to Area One Headquarters
and locked in cells. Then each was
questioned individually by Lieutenant
Smicklas, who gave no sign that he
recognized Ex.
The two suspects denied any connec-
tion with recent robberies of candy
stores in the area and were held for a
showup that evening. Ex appeared in
the showup with six other men.
A merchant identified him as the
robber. He was held and the others
| were released.
| as the others had gone,
Smicklas took Ex to his office and
closed the door. “How you doing, Kid?”
he asked.
¥ Ex gave a detailed account of what
had been done so far. “If Big Sam
comes up with two other guys we might
have something. If not, it might be
| | time wasted.”
| “What do you think?”
“If I stick with it long enough, I’m
bound to come up with something.”
“All right, stick with it,” said Smick-
las. “And you might take a look at
these reports.”
i THERE had been other robberies in
the area. In some cases, two men
had been involved; in others three. All
were young Negroes. One carried a
Sawed-off shotgun, another a knife.
“ The third man apparently was un-
armed.
“Those are our boys, I think,” said
Smicklas. “The guy with the knife
‘i probably killed the cab driver.”
f: When Ex left, he strutted outside and
hailed a cab. That was for the benefit
of anyone who might be watching.
That evening, he phoned Big Sam.
“I thought you was in the clink.”
ee “Ain’t no jail can hold me,” Ex
: boasted. “You get them two studs lined
up?”
“Yeah, I think so. I'll be through
| : about eleven and see you at the Ppool-
| “room.”
Nd Detective Ex was at the poolroom at
: eleven, but Big Sam didn’t show up. He
| ‘> wasn’t there the next day and when
“. Ex telephoned, a special operator cut
a in to inform him that the phone had
| been disconnected.
| “Maybe it’s just as well,” Ex told De-
| “ tectives Washington and Jackson. “I
| ; think Big Sam's a fourflusher. I think
» he was just talking big.”
vapsce,
“So what now?” asked Washington.
4 “T'll have to start over,” Ex replied.
“I’m fairly well known around the
neighborhood now. It may take time,
but I think this eventually will pay
off.”
Periodically, Ex had checked with his
informer, who claimed to have learned
nothing. He tried again now and again
he drew a blank. “I can't get a thing,”
the stoolie said.
Detective Ex went back to the pool-
room where he had started and re-
sumed his pose of narcotics addict and
raise man running from the law. He
y was accepted now and several men at
pool tables nodded greetings when he
shuffled in.
He took a seat against the wall and
disconsolately cupped his chin in his
hands, He sat there, his eyelids droop-
» ing, for almost an hour before another
man, a regular at the place, took a seat
beside him.
“What ails you, Man?”
~ “T'm beat.”
“How come?”
“I can’t get no good slave. I got me
his big job set up and I can’t find no-
ody to help me out. What's the matter
vith everybody?”
“They been pushed out. The young
studs done took over.”
“Young studs?” Ex sneered. “What
Detective Ex’s Undercover Search for
you talking about, Man? Them studs
don’t handle nothing heavy.”
“Yes, they do, Baby. Some of. them
studs would stone gangsters. They
ain’t scairt of nothing.”
“Yeah, but have they got any heart?”
“The thoroughbreds have,” the other
replied. “Some of ‘em are pretty
mellow.”
“Can they take the heat?” Ex asked.
“That's what I hear.”
“Where these young studs hang out?”
“Cottage Grove. You ought to find
some of ‘em down the street a couple
of blocks.”
a Killer (from page 25)
The woman approached and one of
the youths stepped out. He grabbed her
Purse, pushed her to the sidewalk, then
quickly tossed the purse to his confed-
erate and made a point of running
south so that the woman could see him.
Screaming, she started running in
the same direction.
Ex watched as the confederate, still
in the shadows, opened the Purse and
rummaged through it for money. Then,
swearing softly, he tossed the Purse
into an alley and moved away in the
direction of the poolroom.
As Ex started following him, a police
Hotel Tab ‘Darling,’ ”
led to his arrest.
Abandoned Bullet,”
an attempted holdup and the
in the electric chair.
tinis declared
a conscience.”
HE le and
Up to the Minute
T= 26-year-old ex-convict found guilty of the murder of Alex Y,
Malcolmsor III in a San Francisco hotel room, has been sen-
tenced to die in the San Quentin gas chamber.
Melvin T. Darling, a six-foot, four-inch imposter living at the hotel
under false credentials, first came under suspicion when he slipped
in signing a hotel tab and used his own name.
in the February, 1962, issue of OFFICIAL
DETECTIVE STORIES Magazine, described the
Also in the February issue was a story on the “Case of The
which told of the investigation into
the slaying of a Columbus, Ohio,
Reinbolt for the crime. Reinbolt since has been brought te
trial, convicted of first-degree murder and sentenced to die
virtually blinded her. In Passing sentence,
Pugach sane and described him as a “man without
The story of the tragic incident and the police work
leading to the charges against Fugach appeared in
1960, issue under the title “An Acid Bath for Love.”
The accused,
“And He Signed the
detective work which
grocer, Edgar L. Weaver, in
resultant arrest of one Donald
the February,
Anderson, was found guilty by
killed the boy, Thomas Grupe.
out Gunfire,” in the
work behind this case.
A
October,
death were described in
1962, issue.
fy .
fifteen-year-old delivery boy in a St. Louis, Missouri, drug-
store holdup have been convicted and
Charles M. Moore pleaded guilty to
charges and was sentenced to two terms of life imprisonment,
to run consecutively. His nineteen-year-old nephew, Lloyd Lee
ment at death. The degree of difference, according to the
court, was that Anderson actually had fired the shots which
team, Clewiston Jones, was killed by police at the time the trio
was arrested. “St, Louis Police Knew They Couldn't Rob With-
SENTENCE of 100 to 150 years’ imprisonment has been de-
creed for James R. Cook, 23, who pleaded guilty to the Tuscola,
Illinois, slaying of Frederick G. Robbins, a California schoolteacher
who was hitchhiking to Illinois to visit
trace Robbins’ cross-county route and
“Too Many Tattoos” in the January,
d of the fatal shooting of a
sentenced. The uncle,
murder and robbery
a jury which fixed his punish-
A third member of the holdup
1961, recounted the detective
his family. Efforts to re-
So solve the mystery of his
“Thanks for the tip. Won't hurt
none to give ‘em the once over.”
Ex got up and shambled out of the
room. He maintained the same gait as
he walked down Cottage Grove. Ahead,
he could see two young men hanging
around the intersection.
Detective Ex found a doorway where
he could watch and run little risk of
being scen.
The youths were watching the side-
walk in both directions. Then, in the
distance, the tap-tap of a woman's
high heels could be heard. The two
moved back into the shadows.
i : :
squad car skidded to a stop at the curb
and two uniformed officers hopped out.
Both were young and Ex could see at
a glance they were rookies. :
He stopped and raised his hands as
one pointed a revolver at him.
The other began frisking him, “Hey,
he’s got a gun!”
The officer with the revolver
cocked it
“Watch out!" Ex cried. “That thing
might go off.”
“It sure will,” said the officer, “if you
make one false move.” 4
“Hold everything,” Ex said, anxious
Now to get out of the line of that cocke
revolver. “I'm a detective. Joe Ex. A:
signed to DDA-One.”
“Listen to the man,” the officer wit
the gun said.
“Take a look, will you?” Ex said. “I
my left-hand suit-coat pocket.”
The officer who was frisking hi:
reached into the pocket and remove
his credentials. “He’s telling the truth.
The other policeman lowered his re
volver and Ex breathed easily agair
He explained he was on an undercove
mission. They promised to keep th
secret, got into the squad car and droy
away.
Ex went on to the poolroom, but th
young man he had been tailing wasn’
there. The interruption had been jus
long enough for his man to get away.
Ex walked over to Lake Park Avenu
and took his stand at another intersec
tion, again in a shadowed doorway. /
young man was loafing nearby. H:
stood there until he heard the sound °
&@ woman’s footfalls, then ducked int:
the shadows and waited. But she ap.
parently had seen him; she turned anc
ran the other way. The youth came out
undecided whether to go after her.
Ex stepped out of the shadows
“Come on over to the Poolroom,” he
said. “I wanta talk to you.”
The youth eyed him suspiciously
“What about?”
“Never mind. I'll tell you when we
get there.”
“I can’t. I’m short of money.”
“Don’t worry. I got some bread.
Here.” He handed the youth a dollar.
They went on to the poolroom, where
Ex bought two bottles of beer. They re-
tired to a corner out of earshot of any-
body else. -
“I seen that caper and you didn’t
handle it right,” said Ex,
“What did I do wrong?”
“Don’t worry about that. Maybe I
got something a lot better than snatch-
ing purses.”
“Yeah? What?”
“I'll tell you if I decide you're all
right. I got to make sure you won't
squeal to the cops.”
They finished their beer and sat
around a while, then Ex left.
Ex MET the youth on two succeeding
days, giving him small amounts of
money. He dropped hints that he was
a big-time hustler, but always held back
when it appeared that he was about to
disclose something big. This only
whetted the youth’s appetite. To nur-
ture it further, Ex stayed away from the
Poolroom for two days.
When he appeared on the third day,
the youth was waiting.
“What's to it, Youngster?” Ex asked
breezily. “You make up yet?”
“Naw. Times are hard, Man. I’m so
broke I can’t even eat.”
“That's too bad. Come on, Baby, I'll
see about that.” .
Ex bought him food and watched as
he wolfed it. Now was the time, the
detective decided.
“In all my travels,” he said, “I’ve
found very few youngsters with enough
heart to make money. But you look like
a thoroughbred to me. Are you afraid
to take a chance?”
“No, Man, I ain’t afraid,” the youth
replied. “What you want me to do?”
“T'll_tell you when the time comes.
First, I need another man as good as
you. You know a stud like that?”
“I think so. Can you really make a
big piece of money?”
“Say, Man, as bi as they come. Just
wait. And get me this other stud. Don’t
get me no fool, though. You're a fool,
but you got plenty of heart, so you have
possibilities.”
“I ain’t no fool. All you got to do is
gimme a chance.”
“I will, but I need another stud.” Ex
paused for a moment as if meditating.
“You hear about that cab driver, Willie
Odom, that got cut up?”
“Yeah, Man. What about it?”
“I admired that job. He sure showed
he was smart. I need that man. You
think you can find him?”
43
certain
Up to the Minute
A WAITING trial on charges of kidnaping and maiming, William
H. Rehard, 22, of South Euclid, Ohio, hanged himself in his
tiny isolation cell at Cuyahoga County Jail in Cleveland on
February 16, 1965. A paroled sex offender, Rehard had confessed
to kidnaping Donna Adkins, 7, and forcing her into his car as
she was on her way home from school on January 21st. After
holding her prisoner in a garage over night, he became alarmed
at radio reports of the search for the child and abandoned
Donna on the Ohio Turnpike 13 miles from her home. A motorist
found her stumbling along the roadside, “partially blinded by
shots from blank cartridges fired close to her eyes. It was neces-
sary to remove one of her eyes, but she was able to identify her
abductor when he was apprehended. Rehard, who had been in-
dicted on four charges in the abduction and partial blinding of
the little girl, knotted together two towels, tied one end around
his neck and jumped from a radiator. He left a note saying: “I
wish the Lord would have taken my life the minute I laid a
hand on little Donna Adkins.” The story, “Ohio Child Loses Eye
Ha; co aang Beating,” was in Official Detective Stories for
ay, f
IS PETITION to Missouri Governor Warren E. Hearnes
for executive clemency denied, Lloyd Lee Anderson, 22,
convicted and sentenced to die for killing 15-year-old Thom-
as E. Grupe during the holdup of a St. Louis drugstore on
May 18, 1961, was executed in the gas chamber of Missouri
State Prison at Jefferson City on February 26, 1965. His
date with death had been deferred by appeals to the higher
courts, and finally was postponed until February 26th by a
reprieve granted by Governor Hearnes pending action by
the Missouri legislature on a bill to abolish capital punish-
ment. On February 24th the House voted 113 to 44 to retain
the death penalty, This ended Anderson’s last hope of escap-
ing the gas chamber. Anderson was one of three men in-
volved in the drugstore robbery-killing. The three were
caught two weeks later while attempting to rob a liquor
store. One of the other two, Clewiston Jones, 19, was shot
to death during a gun battle in the liquor store. The third
man, Charles M. Moore, 36, pleaded guilty to first-degree
murder and was sentenced to life in prison. The story ap-
peared in our October, 1961 issue, titled: “St. Louis Police
Knew They Couldn’t Rob Without Gunfire.”
OLLOWING a mental examination, William J. Johnson, 18,
Grayslake filling station attendant held on a murder charge
in Lake County Jail in Waukegan, Illinois, has been determined
incompetent to stand trial. Expert detective work, following the
discovery of hairs clutched in the hand of a girl found bludge-
oned to death on August 8, 1964, in a roadside ditch, identified
young Johnson as the slayer of lovely Joyce Obenauf, 20, em-
ployed as a secretary at a North Chicago laboratory. Ques-
tioned, the youth, described by his employer as “one of the
nicest kids I ever met,” confessed he found Joyce in her stalled
car, became annoyed by her “bossing” when he tried to start
it, and hit her with the lug wrench “30 or 40 times.” On Febru-
ary 18, 1965, a Lake County Circuit Court jury ruled: “Johnson
cannot understand the charges against him or properly cooperate
with counsel for his own defense.” Chief Circuit Court Judge
Glen Seidenfeld then ordered Johnson committed to a state
mental institution. Lake County State’s Attorney Bruno W.
Stanczak said, “This office will prosecute Johnson on the murder
charge when it is officially determined that he is mentally com-
petent to stand trial.” The story, titled: “Illinois Secretary
Bludgeoned to Death,” appeared in our December, 1964, issue.
oO’ December 16, 1964, in Miami, Florida, a 12-man
Circuit Court jury found Richard Worthington, 22,
guilty of murder in the first-degree but recommended
mercy, for the slaying of his foster-mother Angela.
Judge Pat Cannon sentenced Worthington to life impris-
onment instead of the electric chair. Richard’s father
Charles was also killed; however, the second murder is
a separate case. Worthington who did not take the stand °
in his own defense, heard the verdict without emotion.
On August 10, 1964, two fishermen discovered the can-
vas-wrapped body of Charles Worthington floating in
the South Dade County, Florida canal. While the police
were investigating this discovery they spotted another
object identically wrapped. The other canvas-wrapped
body was that of Angela Worthington. A detailed account
of how police linked pieces together to tie Richard to the
double murder was featured in the January 1965 issue,
under the title, “Canvas-Wrapped Bodies In The Florida
Canal.”
During the past four weeks, the
men who attended that conference had
questioned a total of 340 witnesses in
an attempt to learn the identity of
Myrtle Major’s slayer. Many of the
men assigned to the case had spent
from 16 to 20 hours daily in interro-
gating friends and associates of the
slain woman. But only within the past
48 hours had they begun to hope that
their long and tiring investigation
might be drawing to a close.
Now, after learning the results of
Petersen’s meeting with laboratory
technicians in Trenton the night be-
fore, they finally were ready to bring
in a suspect to be booked for suspicion
of murder.
An hour later, Burlington Lieute-
nants Butterfield and Clayton, accom-
panied by Patrolman Louis Jansen,
arrived at the Stanley home, a few
hundred yards down the road from the
cottage where Mrs. Dorothy Forvour
lived with her 16-year-old son and 7-
year-old daughter.
“We'd like you both to accompany
us back to Burlington for further
questioning,” the friends of the slain
woman’s great-nephew were advised.
Silently, the Stanleys accompanied
the three officers out to their car.
Patrolman Jansen started the motor
and moments later the vehicle started
eastward on the Centerton-Moores-
town Road. Halfway down the block,
in front of the Forvour cottage, Jansen
stopped. Lieutenants Butterfield and
Clayton got out, went up to the front
door and entered. Jansen turned the
car about and headed back toward
Burlington.
A second police car pulled up as the
two officers reappeared moments later
with the slight, sandy-haired youth
between them. Back at Burlington
Police Headquarters before 10 am.,
Jimmy Forvour was questioned for
several hours by state, county and city
officers. At the conclusion of the in-
terrogation, Chief Yuengling appeared
before a group of newsmen, and an-
nounced ffatly, “The case is closed.”
On a complaint signed by County
Detective Chief McConnell, the self-
taught young artist who had dropped
out of school in the eighth grade was
charged with murder, auto theft and
malicious destruction of his great-
aunt’s car. ;
Chief Yuengling revealed that labo-
ratory tests had linked the teenager
with the brutal murder. A statement
“admitting responsibility for the death
of Mrs. Myrtle Major” reportedly had
been signed by the accused.
“There is no doubt in my mind that
he is the killer,” Chief Yuengling said
when Jimmy Forvour was arraigned in
Juvenile Court the following day.
After a brief hearing at which ar-
rangements were made for a court-
appointed attorney to represent the ac-
cused youth, Juvenile Court Judge
Severio R. Principato certified the case
to the county prosecutor’s office,
“where he will be treated as an adult
in the murder of Mrs. Major.”
The Stanleys, released from custody
after the questioning, were openly
indignant at the turn events had
taken. In an interview with newsmen
after their release, Agnes Stanley was
quoted in the press as saying, “I
screamed so loud they finally let me
out. After all, I once had a nervous
breakdown. Besides, I didn’t do any-
thing. Why should they lock me up?”
According to the Stanleys, they had
been forced to remain at police head-
quarters for almost eight hours. Not
once during that time had they been
offered food or coffee, the couple com-
plained.
“The police wouldn’t give Tommy
(Mr. Stanley) a drink of water until
7 p.m.” continued the woman whose
comand had befriended the accused
y.
“The only reason they were holding
us and questioning us,” Thomas Stan-
ley interjected. “was because we are
Jimmy’s friends. He didn’t have a
father, so I was like a father to him.
And my wife, Agnes, treated the boy
like a mother would.”
Asked why their young protege
would have “confessed” to a crime he
did not commit, the Stanleys expressed
the belief that he was trying to protect
the “real killer.”
“He’s such a good boy, he’d cover up
for anybody,” said Tommy Stanley in
a further statement.
In an effort to get a further insight
into the accused youth’s background
before determining whether he would
be tried in adult court under New Jer-
sey law, the prosecutor’s office later
communicated with school authorities
who had known the youth.
Walter R. Nolan, superintendent of
Mount Laurel Schools, reported that
Jimmy had finished seventh grade at
Hillside School in June of 1963, and
was promoted to eighth grade. His
mother then requested a transfer to
the Indian Mills School, and all records
were sent there.
Anthony Andolar, principal at
Indian Mills, said the youth attended
that school until early in June of 1964,
when a request for transfer back to
Mount Laurel was made by his mother
and grandmother. Jimmy would not
have been promoted, Andolar added.
After receiving the school authori-
ties’ report, Prosecutor Queenan had
Jimmy Forvour taken before Judge
W. Thomas McGann in County Court,
where he was formally arraigned for
murder—as an adult. Following the
arraignment proceedings, Judge Mc-
Gann said that “the heinousness of the
offense” had been a determining factor
in his decision to commit the youth as
an adult offender.
During the hour-long arraignment,
it was revealed that laboratory tests
had linked the teenager with the crime
of which he stood accused. The mur-
der, it was claimed, had occurred at
about 1:30 p.m., while Mrs. Major was
preparing for her Sunday bath.
Shortly before the assault, the victim
and her visitor had had coffee to-
gether. Then, according to police who
took Forvour’s statement, the assailant
had picked up a steak knife and slash-
ed at his victim until the blade broke.
Grabbing up another knife, he alleged-
ly continued the attack, and finally
beat the naked woman with a croquet
mallet as she crawled feebly along the
hallway floor.
A witness, who appeared before the
‘Burlington County grand jury two
days after Jimmy was returned to a
jail cell without bail, later described
the accused as “a boy with too much
time on his hands.”
The grand jury, after hearing the
evidence gathered by police, indicted
Jimmy Forvour on all three counts—
murder, auto theft and the malicious
destruction of Mrs. Major’s car.
It remains for the courts, however, to
determine by due process of law,
whether Jimmy Forvour is guilty or
innocent of the crimes with which he
is charged. Meanwhile, he must be
considered innocent. wok
Nensea LExAINEton, MO wApr. 4U
LAST MISSOURI
EXECUTION OF
WOMAN IN 1834
KANSAS CITY, MO.—(?)—
Mrs, Bonnie Brown Heady
may be the first woman to
be executed in Missouri since
1834.
Court records indicate the
last woman executed . was
Mary Andrews, who was
hanged in Lexington, Mo.,
April 30 of that year for
strangling her 1-year-old child
in jail.
Newspaper stories have it
that Mary Andrews refused
to testify at ‘the trial of Le- |
land Tromly or:‘Trombly, who
was charged with an ax slay-
ing. She refused to testify
on the grounds she was the
man’s common-law wife.
“While held in jail for con-
tempt she strangled her baby.
One newspaper account re-
ported that Trombly was
hanged about a month before
her. As he was led out of the
jail the account says he
passed her cell and she cried
out to him:
“Goodby, Leland: rll meet
you in hell.”
Qa
DTA KI
/
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[J -f7-/ S'S
‘66
The od
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sani erates oooh
HANGING
Subscription price: $2 for one year; $5 for three years.
Single copy: 50 Cents.
. Send subscriptions and all communications to THE
R Zar er OZARKFR, Eminence, Mo., 65466. Unsolicited manu-
scripts and pictures are welcome, but cannot be returned.
Second class postage paid at Eminence, Missouri.
THE OZARKER, No. 66. SEPTEMBER, 1975 ‘Published quarterly.
Dr. Robert Jacquot Lee
VOL. 12 NO.3 “Editor and Publisher. —
HERE’S HOW TO SUBSCRIBE TO THE OZARKER:
SEND YOUR NAME AND ADDRESS
AND TWO DOLLARS FOR ONE
...or FIVE DOLLARS FOR THREE YEARS
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us their names and addresses with two
dollars for each one-year gift subscription or
five dollars for each three-year subscription.
Tell us whether you wish us to send gift
cards.
EDITOR’S CORNER
THE COVER ILLUSTRATION commemorates in
graphic form the last state-authorized execution in
Shannon County. The story of the hanging is well-known
to pioneer Shannon County residents, but is briefly 7 ;
sketched on an inside page. The illustration is by Perry THE LEADING HISTORIAN of Dent County is
M. Bryan. represented in these pages in the writings of Wm. P.
Elmer, who was a pioneer resident of Salem. His
THE SCHOOLCRAFT STORY is told in part in this writings have appeared in installment form though the
issue. The story of the pioneer explorer of the Ozarks is a years in-‘‘The Salem News,’’ and we thank Robert
long-time classic and provides rich source material for Vickery, Charles Stacey and Ray Vickery, the publishers
historians of the area. The concluding installments will of that newspaper, for giving us the opportunity to read
be presented in subsequent issues. some of Mr. Elmer’s colorful recollections of Dent
County’s past.
EUGENE E. PATTON’S ‘‘I Wanna Go Back’’ was
written several generations ago. It’s likely that if Mr. LANE DAVIS AND ROBERT DAVIS of ‘‘The Houston
Patton were writing today he would echo and re-echo the Herald” recently published the recollections of C. E.
sentiments he expressed so vividly so long ago. Mr. (‘Deacon’) Elmore, concerning an early auto trip in
Patton was a member of the Missouri legislature at one Texas County and we are happy to include Mr. Elmore's
time; he was a native of Carter County. story in this issue.
TWO OF OUR FAVORITE AUTHORS are represent- OUR FINAL THANKS are for you, our readers, with
ed in this issue. They are B. Ferne Hunter and Alice the hope that this issue of THE OZARKER is of some
Gordon Windecker, long-time friends of THE benefit to you and that you will join us in three months
OZARKER, noted for their graphic portrayal of things as for Issue No. 67.
they used to be in The Land of the Oldest Hills in the
THE LEESIDE
THE OZARKER, No. 66, Page 3
By DR. ROBERT LES
te Re A A oe Ee a ee ae a
| MIGHTY Ma
Several years ago a portion of my mail that was being
forwarded from California to my Missouri address
consistently arrived at a similar address in the state of
Mississippi. I was puzzled by this until I noticed that the
California postmaster was abbreviating the name of
Missouri by writing *’Miss.”
At first I was amused to think that anyone would
abbreviate the name of our state in this way. but after a
moment's reflection it seemed obvious that this
abbreviation was in fact a logical one for our state. The
abbreviations of many states are formed by taking the
first few letters in the name of the state. And **Miss."* is
certainly an integral part of the word **Missouri.”
Why is Missouri habitually abbreviated **Mo.”* ?
As you might expect. this question has occurred to
others - among them. Dr. Walter Williams. one-time
president of the University of Missouri. About 40 vears
ago, Dr. Williams put the question to the State Historical
Society of Missouri. That organization searched the
records. going back well over a century.
That search showed early Missourians were not
uniform in the use of an abbreviation. The word
‘Missouri’ was applied officially to the land now within
MORNING
At 4a.m. in the Ozarks on a summer's day it is neither
morning nor night, but is actually time suspended in
eternity. And as vou begin vour hike through the hills the
night sounds and the day sounds blend in a strange
mixture of universal harmony.
At this late hour of the night and early hour of the
morning, the night creatures have not yet retired for the
day and the day creatures are just awakening from their
retirement of the night.
And so the distant cry of the whippoorwill blends in
with the tentative songs of the awakening birds of the
day.
The summer's late night and early morning bring to the
hiker the promise of a day of rich fulfillment and the
tokens of that promise are all around him; the damp, tall
grass softly undulating in the gentle breeze, the first faint
light of a distant dawn, the fleecy mists rising from the
floor of the valley.
And as you walk and look you are aware that all of your
senses are sharpened in the atmosphere of anticipation
IN
the State beginning in 1812. Missouri Territory was often
abbreviated as ‘‘M. T.”’
Among old letters owned by the Society, the
abbreviation ‘‘Mo."’ was found to be used as early as
1822. In one letter, however, dated 1827, Missouri was
abbreviated **Mi.”’
About the year 1827, the abbreviation ‘‘Mo.’’ came into
frequent use in newspapers and about 1935 that
abbreviation became quite common. And in 1831, the
United States Postal Department listed ‘‘Mo.’’ as the
“most approved’’ form of abbreviation for the state. At
the same time. the abbreviation for the state of
Mississippi was listed as **Mi."*, which was later changed
to “‘Miss.”" - its present form. Either of these
abbreviations were logical for our state, but Mississippi
Was a territory and state before Missouri so it’s likely that
our sister state had the claim to the ‘‘more logical’
abbreviation by right of priority.
And so **Mo.”* was evolved in order not to conflict with
abbreviations of states already established, and this
abbreviation was chosen, or at least encouraged, by the
Post Office Department.
THE OZARKS
that surrounds you. The old familiar scenes of the
landscape around you acquire new patterns and new
designs before your eyes. The rocks upon which you step
as you cross a familiar stream seem to take on new colors
and new aspects in the waning darkness and the coming
light. The old posts that hold the rusty wire of the fence
seem to have acquired an individuality all their own in the
misty air.
And the view from the top of the hill into the
countryside below takes on a meaning that it never had
when examined at more prosaic times of the day.
And when you tarry on the trail awhile and lean back
against a giant pine tree and look up at the tops of the
trees around you, and the sky above you, you know that
here on this spot and at this time you have come as close
to catching a glimpse of eternity and the meaning of life
as mortal man is permitted on this small planet.
If time could stand still your wish would be that it would
stand still now in this little corner of this little place in
The Land of the Oldest Hills.’
WELCOME, NEIGHBOR !
This is the time of year when many of our city cousins
come to visit us in the Ozarks. Our streams become
almost as crowded as our highways. And the badge of the
tourist is the canoe atop the automobile.
The business districts of our towns are crowded with
folks who have come to shop for groceries, and for
camping and fishing equipment. The parks and the
private camps are filled with folks who are enjoying the
HELLO,
Many of our readers live in California. In fact, in recent
weeks most of our new subscribers have come from towns
and cities in California. Many new subscribers tell us that
they formerly lived in the Ozarks or have relatives and
friends who live in the Ozarks. This is not surprising, as
through the years California has siphoned off large
numbers of persons from the Ozarks.
But recently I have noticed that many new subscribers
who live in California have neber been in the Ozarks and
outdoor life.
The early part of the summer has been extremely
pleasant this year. The nights have been cool and the days
have been filled with sunshine.
To all of you who are visiting our beloved Ozarks this
summer, we say, *‘Welcome, neighbor, and come again --
and again.”
CALIFORNIA !
are not personally acquainted with anyone in the Ozarks.
But they are subscribing because they want to know more
about us. Several say that they hope someday to leave
California to come to the Ozarks to live. And more and
more I am meeting ex-Californians who have already
moved to the Ozarks.
I'm an ex-Californian myself so I'm always happy when
I meet someone else who has also scen the light !
Ozarks, here we come !
\
as Mr. Mathews
allding on Dtxon
(BUes, (he seaffolidy
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thot and Clack aVeHUS,
D bY Fink Exctty.+ At about half past
Ing, & horse attachal
belonging 4 Horman Sc boekelbory,
engins r i tag on Caron-leiet
@mi streof. The Wagon and milk
2g0 Was done.
Hlan-
By lou to declared babkrupta,
|
(¥.— I 4tle Alvareon Lat Inetituted pro-
for a Alvorce ftom: Dravid WwW. Alverson,
ch serUlgn aa the tate. The partios wore
im July. Ixué, !
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poesia the recent
Berm of Mathida Mooney
l Andiox comes Sar. Alpecil fa Movusy
meted, Rott re ej<Cimbi¢, hatd werklog pe pple,
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A tbet she gave hep ame
hepee the mistaRe.
PMOVAL OF THE EC hripat.—Tha aatlonat
s Committee foe tka remuval of tne Capital
Beretta promiraut: lawser to prepara an
ea tothe pearing ut! the Ponetilaion on the
Of the retwoval @ theeaptenl, showing Chat
% restiiclon in Ube ce gases law ty tbe un OVE.
|
te . Lag | - ’
Indignation Meoticg.
(LON: people of Bast st. Louis on Tupaiay
fa m¢oting in tie elty hall, and resvlutth as
Hed, ¢ympathizing bith the pope tn regan
ts log of bie fe tr for ad homer, pens hes
le by Father Garee he, of tila clty, Mayor
{ Fadt Se louls, ail vther prumiuent por:
Perponal.
‘owing ara at the fouthern Hotel: HH. Ww,
, New Orleanas M,N. Forney, Now York;
syne, Baltimore; AK Koynolda, Indian
CG. Sitwedl, Torgnts, Ca., J. Lb. Stee
opville, Mo.; bas. HW. Philips, UL 8. A.;
per, Medalia, Mo.
Lactede are t8e fllowing: KF. F. Draper,
, COC, Drapeg, defleraon City, Jadge B,
s, Terre iaaté; ' Usa, Philateipala:
uh, Carbondaley Mui; J.J. Uration, In,
» FF, HW. Evaga, (Clacinaath; Jowett Ww.
aired; Joba C, Miler, Chariton; Col Ilau-
’ apa, BMo.; Judge Pitman, St, Charles
‘ j !
rei bg are at 2 Pianters’: Hon. Juleo
. Ambrose, Leiihgton Wo: Riaherd J.
1. Army; Jud - Lackland, Mexior, Wo, ;
rY,| Mo; Mok MK, dee eras 4
mi lady, Kamngs Uity; Dt, O'C, Betas,
Ire Adito Oty, W. PL; Jag.
Iuaton,
j
Igino N, Walter, U.S.
hee
Crimfaal Court,
of A. J. Spahr, lo rged with the marider
V./ Baldwis, prrigrepeed yesterday in the
o4rt. Dr. Spelgothalter, eL-COrcner, wae
4 sito Kejeve. foreman at the Soothern
5
m/e
latter's (¢@timony was eabstanulally ag
ingest. r'al will probably caa-
a
» &haove,
as Maisie.
3 Setetem, Bm ei peeve vs ifa
Checutlon, A large prope don of it Werte oolonbd
POT™ be, and there Whew citnaiderable nombeyr of
women aod boys. [t Waa n vety omferly crowd, abd
there was none uf that levity usually exbiintedd on
8ech occasons, The motbld chrieetty of the croed
termed pe intense that everyting clas was absortant
fu tt. Kuard armed with murhkets were afa-
th ed op cach side ut tha gallows. ;
Batley, drenernd in black, with aamile on bia face.
we conducted from the Jail by the = eberiff,
abd seceuded tha nm atlold! at Wo'clork prectsoly. He
was dressed in tie hk, with w Cape to protect hiin
from a Piercing wind, ated he was AOC) panied by
kev. Father Brédy. Vhaamlie panned from hlacoan-
tenance, ant Gato place lu we deiactod luvk, yet he
Bever filocbed.
SPRERCIC Gb TAR CONOKRMUKD WAN,
Bailey made sunie reromtha fo thy crowd.
ladles and Gentieomen: ‘Bhta ia m
48 before you en thie pide cf the J ux
Chriet, aah befere bibiing |
cod-bye, would winh to make A
:W Temas ha. After { wa arrested
for the murder of My Jainea Brock, for which € am
abwatltyu be ekteuled, ated my soul launched tato
wit Sl de Sir. MW. Gervie wer to seferal attorneys
to empiny them ta fofend inf Caw, a fie toll Maj.
Blatcher that be would pay btn to defend me. MJ.
Matcher went to work for me aml got me oatvou
bond. Lf remained of bontis for meveral courte.
Bn), KR. AL drateher atlondel tu my case {talth-
fully, and To give fun ‘praise for the way
Peattended to dt, and mow fiat | am aboat my
tant, bo would mbwine ail (hat Nave any afinjier CABO tO
trkeachilating and fyteg man watvicg to emplog an
hoveat inna which you @alt had tn the porein oft ue
[putatiu MN geee tu hia, aad hops yu
wil altane mv why cet There tn one tug § eteh
Ho maid:
5 fo Appear
€uent seat of
you Py fond
yOu BIM AL iatee te After | was IaCout on bom |
went beome with) Sain, (iirsinm ty work.
Ma Alongiity (eel dock dawn With hindnes on
mel Hatcher while ri {his Mork, and Towall walt in
good faith tor Bias te thet patadias above where there
Ia reet for a dot Gient'« crealutes, and thawte alee of my
(hemes thal bore fae wiingss Against me,
The day Chat Jaiie® Brock any nur(lo ol I was at
Preyer tuceting. sam Girvin came to me ant
wanted me (oe go to the fea’, which I id. Thad
never seen Baw k teform, L@bot tim becanee be cut
Nenverron Wythe. Sam Girsin fold ane
to ahoot | him, Hy atkel ome af 5 had
Rpletol, Ftoifihim I ned not, aolle tld ma > go
fom tabing boat and get: one Danit to Beak
You are tha man whe ct Woytie, and fT shot kien,
Cottesden (Utrvin they Hath ped on bite, and he af-
ferwarils — troled mea to. Jeave the foun'ry
for fear ho whald ‘4 get iyto tfrono'y.
Ho aakl he wold Pay my bon}. T do not
comeldes, appeario« butora the bar of) Govf, that
Brock’ bts of Wilk be upon jug, ford am Satistind tu
wy own mind thac L neter killod kim My wi -
hecres al tha trial were frightened off San dirs n
Inthe canes of all en Lrogides. | never draak ail
cama ty Ketale's pint. | fan BAY with AC omer con-
mievce tht 1 Nave / had Nwblog te do
with the murder of any mean only Mr, James Bru.
Hv In the only man I had mnythiag to do with ont-
skie of the war, Tain clear of the tarnijer of Mr.
Wiliam Kerten. King Ted for:', . Canpdell,
Jalius Thomas, and Henry Kobbiaa Td thing era the
men whe Murgored Berton, at least King Talford
told me ao. Ho told mo they were anare! iatu thy
confession by Kaphael Lagiour aad Farner. Tom
PhiNpa ls fenocent of the murder. In regard to
wpy treatment while In iprison I will eay: The
Cicers, O8@ Bud all, treated me with tne gtoatent of
kindness, Mr. Howard Hevmer bal charge vt me
or several Gocealons, My thanka to him. Ali the
Hon. dadgh Boyce grf ‘br, Pane. Aint while ag
Jackeon, under Mr. Ha: », { wan treated Ikon
gentleman, Leotaid with tim seven or etght months,
and bo hand feelings exletes! betwooa ur, If he had
treated me harshly | waouk! hare 6 aemy, bas
Couk! pot do 20 Por Meer of etling bim into trouble.
To the mon, and par ter arly the young mon aod
boys, L would pay a fow farewell wots, Lowy at me,
Tam onth BeaMtild, aboat to be launched tuto the
Aner werkt What haa dgought me t thie . Let me
tell you, and let thepe words ring [yrevet fa yaur
ears, It wera whirkey an thecacrving of te arms
Whtrhay and the beering of platols hare
tulnped ma, If you do ned want tham toruln you, if
un dong want te be taprivoned, aud tp the cod
Sought to the ecacTyld, font driak Maqagr, dun't
ee
ee a
Sunday ee hools ram find just the stock they
.
- 4 Dhl ’
Tum Ripe Srist Great
Bince the great eduction ia oar prices of he
Huntness pnita,
| (dvercoats,
Capes and Ta):
i 8rarg Cunuina Huts
Coener Fuurth and Chesnut «
For CHILLS and fever, tutermittest fever an
agus, te
MAGURKS AGUE MIXTURE
Ta the dewe rem@ly in use, Prive $100 pe
Bold by all drugggipte.
How ao SAVE MUNK!
Weng rm Save Mone, !!
; / i) Way Nor Sar Mos:
Huw?) Buy yopc clothing for yourself and
A teliable heupe..
Waxke? Bvory ope ought tu know.
Wie? If yeu, pant ty BAYe money bu:
Clothing at the 3taf lothlog House, southena!
VYourth and (best slreots. whers there ts t
[thee and no jleviation,
oe
TUESDAY eventing there wasa gathering of
attbe reehlenoe uf Mr. dobn 1 Scott, the
aAmdecourteoug aacioneur, to witness the mace:
Tleonly Caughter, Milas Rebecca Scott, to or
known Fourth etréet merchant, Victor J. Smit
Leider madd cftte Inting was thecharming Muy
plo Erekine, and the Sfoomsmaun wan Mr,
Niehof the frowof a. Bo Mikhael. Tho cer.
wan petforned (ur cagh {he {impressive ritue.
Hptecopal acute by the Kev. Ine Berkley
Yride and gtoom tecaivid the congratniation
beet wirhes pf thelr filenta, wad tovk up their
dence at the lac hedl¢ betel.
ies tos
pkyexr BRHING Times,
Wo mean the'tratts (f the new Shoct Line ¢
mouth. Wy) Because the road Is atraight, b
eleep grades or sharp curves; the enginer and .
eyipment ia firpt lara, aud itiarana by mon
know theit busines, The9 4 al om. train 1
(Leentirerun tp daylight. Al! posted) tras
take (hia raute, : Full iafurmation In regard |
running time of Rho, puutbern tallpoade farina.
thatichet umice, 10gNorth Foarth atrect,
Rose eT ENG! Rew can be found every Ja,
laden, inlewes Atel plildren, tn cloaks, ahawia,
bonnete, bate gad Maocy goals, and at prices x
that nose need go away without betag sulted, a
olf North Fourth arest, opposite Krerett hous
, MADFIRA & 1)
9 4
ON TUMSDAY, WEDNESDAY AND Til!
DAY EVENINGS THERK WILL BE A QR
ILLUMINATION OF THK MAUNIFICKNT
TABLISH MENT OF D. UO. JACUAKRD & OV., |
NF OF LOCUST, ODD FKLLOWS HALL,
ORDER TO AFFORD TUK FRIENDS UF
HOUSK AND THK PUBLIC AN OPposTUN
TU INSPEGT THE GBEAT IMPROVEMK
4ND THE IMMENSK BTOCK UF WATCU!
CLOCKS, DIAMONDS, JKEWELKY, BILY EK |
PLaTkD WARK, WHITING DRYKS, Ka
Q00D8 ANT) CUTLERY THERE ULSPLAY 5
ALL ABR INVITED TO ATTEND.
| ra
a
i}
ee ae ae en eee
os Ot ets ts Pa Bee es pik Tae ra porate : :
emote ott t (Pe : | “wy 4 Peery ‘yf savagted.d Led '
. V7 G4 C Has peo ht
y (Page on "y pages) 10 LEe- aM
a ] “ Ut
@ | pert ciptiuten misc. (23 SOUTHWESTERN 1079
F: BANKS, Charles, hanged Warrensburg, Mo., 12-29-189
i 3 3 > 9 3
4 PSE TY ST PT eu aE TY
a Ag A % =
| Pe Ry’
if
vo
ue hoa
mts fins Be
: bite i
# ~. we 4
SUAS. BANKS.
ay ‘
STATE oF Mrssourt, }
‘ “Exscerive DEPARTMENT, "
. Te + C Vyrgue 7.120% vr
J JEFFURION City, Dec. 27, 1896, ; fi
‘ . 4
4.33. Lovan, Evq., Warrensourg, Mo,— "asf :
; ~ oo’ yp 4% . . fins " rt ra '
p Dian Sin: T have read all the pay ers ti Shay et.
- » re y -_ eet ead hey i j
ntanitted by you in supportiol the ay- eal Tnwes. | Wiese ce
nic stion oi Charles Ban's for a cominu- sia ar Meg fees a 4 |
vith iy {his sentence. I have also verd ee aia ena ea |
a } 4, Ts ean i Ris s
; fitise: nee ord of me nS AB PFesei ved ete ee eae: See oat ith Malt eae ie
4 8 billey exceptions aua presented | ieee
‘ \ transerppt fled sith the Supreme weaves
4 Y Jem unable to see any mertin
apr liedtion., ‘Lhe opinion of the Su-
ne Cot itt donchides with Ubis sentence:
she yerairt is . fully sustained jby the
" Widense, and the case Was upnendly
vel) tried.’': I cannot nyoid concurrin
Or ik 8 view. “Phe aplication khertiby
Gyre me te for a colnmntation, from : | one coat le i
bb to juprigoi ment. It fa denied, ne ho ore or cg vs Suh ncys
fe Pan) : ; ey fae or MERA
; / LS og | Respec: fully, © Se ae to go, OAM Ochochk be is still ee thrones Di eh SO Guen Br Oy
4 aad wcll Wa.’ oF STONE. 3 nnd potet al) uuuerved. le sent for oa entered He toclgn'e from Ube nots iis
} 4 } } arise ar’ ’ . feoys, x yi I hd ’
4 Chas, Banks hus’ ‘paid the death’ lady ficnd ch his sporty after 9 o'tlock é ‘ vei ee ¥.., Diabet
| . AN ebartes oitiea "OVEN, dic
a (0 nally; ; the ‘Snurder of ‘Ike Palmer. 7 and epent scine tine da conversation ‘> _ APONTE NAF ht
: : bviin at the seakold,
4 Was babi avenged; and. tue ulajerty: rh bet . js
" } 4; Le MY Cans ie t} > h 2 eS } j l On the x cavohd.
alan outraved law has, been vindi- Penye ni the hoysetm the jail good
4 vated, ee ea) eae ip | adviseund told them uever to drink [a the northeast corer of the sto
'“Wnder as bright skiea as ever Whirkeveorgycrie, thats what enused stood Une sen fold. it waa eanetris te |
. ; My ree fy hi he ‘ ine. Nye A encye yey yh axel 4
fue over Warrensburg, his soal ee EO Whe lot ee Li oe SU aa a Ae
went out to meet that future for enor would bot coterter be sard send him po)!" es eee ae PEPE gel: The Cee
; ‘ : ‘ - MS a fcold, oo tay Weoder Mele nods :
' % NJepra sh P e Wravarn wey 4 ‘ ty i M
Which he claimed 1o have made full 8 lelegrum wing forash orc stay of ex nor SB iL bE Since —
4 bag ho $ a i aia
propsration, mh os hes f Pr ‘ | Mounted thee rans elose'y wets oy
| Below will be found the full de. ALS wetwe a ile anaerved nad whorl, bts. clepatiosane visilre wie
4 ds of the executoon and of ail ihe, Cmarked that it was too hard to have to je depiie
- Hepes ieading: up to it, go on euch a protly duy and his heart is Parke Parhts a edeae aod cq int]
P ; , 14 ho [i Ve Sar th rend (ret net
fos Ho Rusts Woll. \ roman, . al \
ie 4 Ikis Toblet, rsami wy ti olor dope ohepa apd
‘Hartke went to sleep at about 10 o'clock iW { bisek tod | bape etiye wah le 9
e was dres-ed ina bliek worsted auit | : pia
aul rested undisturbed until about 5:°0,! bliin abi y : . paodarmesr es that bbe pew cay
; ; white shirt with niay dawn easlar, ¢ fox _
vuen be awoke, got up and went to’ : . : |! Uk ATO the Shere tae low tea ™
; Q ; black slouch hat and Wada pater of cone ict
Qoking, tle was visited by a Sara rg "14 | Wed aT WOO hve @ope eth tad
v utess shoes Ou. Te dard on very prety Hiss -
artes atd20 and seemed to be in bertor| - ; "AOD esp te ya tedat pesto,
q pair of sleeve buttons on which he wants [ap ; ae
virilg then when he retired for the ni ah | | Phe drop fobs foe ane Ba Vet
F buried with bom, ‘
! hada cigar in his mouth and from _ | Vthrowsh the teap and deey withent
¥ tel f | ’ 1 ALIO o'bios'« there wage biz crowd atru a why wo
P tout clouds o SIIOKE Peed ds ae Gia ? St beak" RTs meek Ma pace hawt
- om ty around the jul. Danks was stilauperyvod a. ;
: £ ys 4 as oa Mi an 7 Gs
4 ‘cominnally on i. He walked from one and oconsionaily emiling, He vent seve sie gy ; n'y
é vad of the cell te the other and only eral imess: ges lo friends at Sodidin by Vo.) 2. --a-+ ane
‘ e. : : 1
stopped when in couversntion with the 2B. Burrowes of the Sedalia Demoerat ‘ Bos bast Mie.
Reporter. At a quarter to 7 o'clock Revs. Sinith and Vesues wold services i oA Sban Peperler wispied Ph '
at tipe Joie. } Ty reds te cdyt apeb deal )
aie Rhert'f Caladell placed ‘in is tna pul Thare os msi Lane on
. : . Ts | goss 3 t. P ’
cell aa ay : Bashs eave dea hes orede ) Will Mee coe temin |
; wy mn a thie oy { ; i
emma MO
His ‘ips Effort to Commit
Suicide.
{prvenmnmenssaneenrenatanaenieectiteasitaen
Dragged Biaspheming to the
Seaffold.
Drunk With Liquor and Covered
With Blood He Is Launched
Into Eternity.
Special Dispatch to the CHRONICLE
Kansas Crry, September 4.—The history
of the gallows tells no more hideous story
than that of the execution of Louis Ball-
ing, the St. Joseph wita muraerer, at Sa-
vannah this atternoon. Just before the
time for execution the doomed man shot
himself in a vain effort to commit suicide,
and finally died on the gollows, shrieking
Soy merey and cursing his executioners.
iy ptoa few days ago Bulling seemed
cheerful and hopeful in the face of ap-
proaching death. He had twice before
cheated the gallows by jail breaking. He
reasoned ibata chance still remained, and
to it might be added two others-—commu-
tation of sentence and suicide. One by
one these chances faded away. Early last
week it was discovered that Bulling had
planned to breck jail a third time. Steel
saws were found in his cell and they were
taken away from him. His faithfal par-
@nis went to Jefferson City and had sey-
x} personal interviews with Governor
rancis, but the Governor was firmin his
decision not to interfere. When Bulling
received from his parents a message that
the Governor was obdurate he fainted,
and was with difficulty revived.
He was a confirmed opium-eater, and
during his last night was given larye
doses of the drug. It failed to have the
accustomed effect, and the condemned
murderer slept less than two hours during
the entire night. Rev. August Lavake,
during Bulling’s waking hours, spent the
time in reading the Hible and praying,
exhorting Bulling to confess hig sins and
receive baptism. Sheritf Barry had ret
the hour for execution at 10 o'clock this
morning. When be went to the cell at 6
o'clock to prepare the doomed man for the
scaffold Builing pleaded so pitifully for an
extension ot a few hours that the Sheriff
yielded and gave him until 2 0’clock to
TTT a oo acy le Rn Secon RSE
Bulling ate a light breakfast and spent
the rest of the “time pleading with the
Sherif for mercy and attending to the re-
ligious exercises conducted by Rev. La-
vake. When 2 o’clock arrived he renewed
his supplications to the Sherit® and
pleaded for one hour more. The Sheriff
granted bis request. Builliug then asked
for brandy and the Sheriff gave him a
pint. Injections of morphine were ad-
ministered, but neither of the drugs had
much effect, The Sheriff then retired,
leafing the murderer with Rev. Lavake,
at the same time removing the guard from
the cell door at Bulling’s request to be
left alone with his spiritual adviser.
Suddenly two shots rang out. The
Sheriff ran to the cell. The priest lay
prostrate on the floor, At his side lay
Bulling weltering in his own blood, which
flowed from wounds in his breast. He
had shot himself twice with a revolver.
The priest had fainted. A hasty examin.
ation of Bulling’s body showed one of the
bullets had enteyed the left breast end
glancing frota tbe rivs had passed around
the body, coming out at the back. The
other inflicted only a-slight flesh wound
in the side. He had not lost conscious-
ness, and when the Sheriff ordered four
deputies to carry him to the scaffold ne
cursed and swore at them ina horrible
manner, ‘he deputies dragged the struge
gling man to the courtyard and lifted him
upon the gallows, Vle refused to stand
and they placed him upon a chair.
_AS ii@ sat there he presented a revolting
spectacle. He was dressed only ina shirt.
and trousers. His hands and face were
covered with blood, which also stained
his shirt. Blood was pouring through his
shoes, where it had run from the woundsino
his breast, and tormed dark pools on the
floor of the scaffold, dripping fram thence
to the ground beneath. He cursed and
swore at the deputies, cried and screamed
for merey and shrieked in terror. The
Sheriil gave him a large glass of brandy
which be swallowed at one gulp, Finally
he was toid to get up and stand upon the
drop. He refused, and four deputies held
him while the rope was being placed. A
black cap was placed over lis head, and
yelling, screaming and blaspheming he
shot through the opening, at exactly 3:2
o'clock, His neck was broken by the fail
and he died almost instantly.
Rev. Lavake has been arrested for giving
Bulling the revolver with which he at
tempted to commit ssuicide. The priest
declines to be interviewed.
Rey. Lavake was interviewed to-night
regarding Lulling’s attempted suicide.
He sat:i he did not give Bulling the re-
volver, and*did not know where it came
from. Ile was on bis knees praying when
Bulling fired the geet shot. The muscular
contraction folloWVing the passage of the
first bullet into Bulling’s body, the priest
asserts, caused Bulling to discharge the
revolyer accidentally, and the ball whizzed
by hig head. . He first thought that Bull-
ing had attempted to murder him, and
fainted. Just befcre Bulling was hanged
the Sheriff had a short whispered con-
From: : AOLNewsProfileséaol. net
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Received: by profil03.profile.aol.com
(1.37.109.16/16.2) id AAQ17627714; Wed, yi aug 1996 02:01:54 -0400
Date: Wed, 7 Aug 1996 02: 01:54 ~0400
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Subject: Missouri executes murderer. of g0-year-old woman.
ie
8-10-1996 America Online:Galba33 Page 2
DNA Fails To Clear Inmate On Death Row
By Kim Bell
Post-Dispatch Jefferson City Bureau
JEFFERSON CITY — A St. Louis man
who has been on Missouri's death row longer
than anyone asked Gov. Mel Carnahan on
Monday to delay his execution next week
even though DNA tests failed to clear him of _
raping the victim.
Thomas Battle had hoped a DNA test
would absolve him of raping 82-year-old Bird-
ie Johnson, who was stabbed to death in her
apartment in 1980. However, only one of
Despite early confessions to police, Battie says he is
innocent of the rape and murder.
every 2,000 blacks has the type of DNA as
Johnson’s rapist. And Battle is one of those
people.
Despite early confessions to police, Battle
says he is innocent of the rape and murder.
-The results of the DNA tests were includ-
alienate ei... Ss Ce x“wTe =
ed in a packet sent to the governor's office by
Battle’s attorney, Richard Ahrens. Battle’s
defense team paid about $3,500 for the tests,
a last-ditch effort to stave off the execution.
Battle, 34, is scheduled to die by injection at
12:01 a.m. Aug. 7.
=
ST.LOUIS POST-DISPATCH
Ahrens appealed to Carnahan to convene :
board ‘of inquiry to focus on another man
Elroy Preston, who has confessed to murde1
ing Johnson. Preston confessed to the murde)
in 1986 but now won’t submit to a DNA
analysis. Ahrens wants the state to force him
to do it.
“We need that sample,” Ahrens said. ‘‘We
need the governor to take that further step.”’
Preston is already on death row in anothe:
case. He killed two people in St. Louis and
See BATTLE, Page 2
-WS ANALYSIS: Alderman Dan Gruen wants
»asurer Larry Williams’ job...
EDITORIAL: Congress shouldn't act rashly in the
ee ee 11B | wake of recent bombings................ 12B | everywhere in July, trendis down......... 131
COMMENTARY: Though terrorism was
ST. LOUIS/REGION
¢ TUESDAY, JULY 30, 1996
Battle
From page one
then ate fried chicken that had been
dipped in their blood.
Carnahan’s office is studying Bat-
tle’s request-and declined comment: >.
- Carnahan’ is the only governor’to ~
‘have convened a board of inquiry for
‘a death row inmate. He did so in the
case of Lloyd Schlup. A court has-
delayed Schlup’s execution, and the ~
board’s investigation is continuing. ~
Attorney General Jay Nix
-cized Battle’s latest appeal.
- “They had hoped it [DNA t
‘would ‘exclude him, and it doesn’t; it
- just adds to the volume of evidence
the j jury saw,” Nixon said. :
Ahrens wants a sample: oft Pres
ton’s saliva'to be shipped to a lab in
California for testing. The lab might
find that Preston, too, is in the*1-in- -
2,000 category and is a candidate for
the rape. Or it could exclude him.
The lab excluded another man, Tracy
Rowan, whom Battle had once
blamed for the rape.
“Their theory and story keep
changing,’ Nixon charged. “This is
exactly why it has taken 15 years in
court action.” :
DNA technology was not available
when Battle went to trial. Nixon pre-
dicted that other old cases will be
delayed by inmates wanting DNA
testing.
“People are going to be demanding
this right and left,”-Nixon said.
When Preston confessed to mur-
iti.
test]
dering Johnson,
authorities didn’t
believe him.
They thought his
account of the
crime was too
vague. Preston
said that he, Bat-
oy |. tle and. Rowan
- had burglarized
Battle Johnson’s~ apart-
‘ment, but that Battle fled before the
elderly woman was attacked. Preston
- denied raping Johnson."
Preston was never charged in
_Johnson’s’ murder; Rowan was ac-
“ quitted. Only Battle has been convict-
ed. Battle was 18 at the time of the —
murder. Court records say Johnson
“was 80, but her family says she was
~ 82.Johnson and Battle were neigh-
bors. She called him “Sweet Boy”
‘because he often would shovel snow
for her or carry her groceries. Battle
told police he and Rowan broke into
“her apartment July 5, 1980, to steal a
~ TV. He said Rowan raped the woman
and they both stabbed her. The
butcher knife was left in her eye.
Battle’s shoe and palm prints were
discovered in Johnson’s kitchen.
Execution Wednesday
7
Officials at Potosi Correctional
Center are’ preparing for an execu-
tion at 12:01 a.m. Wednesday. The
inmate is Emmett Nave, 56. Nave
was convicted of murdering his Jeff-
erson City landlord by shooting her
16 times.
Mew York Times 8/8 /96
1996
A 23
Missouri Executes Killer of E lderly Neighbor
POTOSI, Mo., Aug. 7 (AP) — A
man was executed by injection early
today for killing an 82-year-old neigh-
bor with a butcher knife during a
burglary in 1980.
The inmate, Thomas Henry Battle,
34, had been on death row for 15
years after being convicted of the
murder and rape of Birdie Johnson,
_ who had befriended Mr. Battle at her
home in St. Louis.
He had initially confessed to killing
Mrs. Johnson but recanted, main-
taining his innocence to the end. His
last words, prison officials Said,
were, ‘‘God as my witness, I did not
commit murder and rape.”
Mr. Battle was Caught after the
police matched his shoe print to one
taken from the scene of the crime. At
his trial he said the police had put
pressure on him to confess and had
given him details of the crime.
Mr. Battle had hoped that DNA
tests would clear him of the rape and
murder, but the results were incon-
clusive.
WUL of tin own potket, but the
! 2 43
z
a =
auc
a se
I imecif Will Put The Noose On|on 5
houines,
whe povompans
: st the game
2 Wedne<day’s daily . agin. evidehre 0 ‘
he Black Brotken will be bumy at e tn ber ee che Wt tee
dock Friday merniczseteord-{ Dave Lamh, fos Peeks ie thee
Vopreeest armngements Only af were tried, al
it compare of peuple witt be pre. the erime “fe ill be
The witness wil aondst of Sheriff Mr Lam) had the ng
Depot Otendurtt, several og With kis revitlver, whee es HITE ats tigen
leony tae St Charles the thin . meal { "Tre shoeiti's Tire
trea, theo ph diana, Shot ant kt Offfeor | pea pent: Of Shou We
ter at the poared, parhaye Ua thee eter rh) Allon si i tn ts Sink, + nae
ies :
aS ota os ane
5: Tease. “ ul te
* oe at Lean
dare ah snat emi
ig frais in the morn:
fay ty carey the vdeitary, fore jiLt stae
ty fer" fhe Hes tapeg sects uy where
cert ip aes he tan] fee ae viabehe
wf this eu
Mt fe CTS Mi, stating finen Hedt nved a — i
} pr nie ue 8 Lamb hie Wiig wounded, heey = on in. Bo tary y 5 hand ee
! a Rupy: cabeulgton. uiat one : as affored situ mlioh | Beat wi Siem nae oi
ah he rennet iter Ole Lan “It Vapor enc ee)
wh oan hee Andre, ¢l te Om bee whoa dee
% w ‘ly: hit fires and as coon as :
% vf deeui by the phiynie tans in
ms Jay ile rw
srnyter oa Harn, wii ‘take
oe 4
bh, : is vertain ‘ FRAP RIES
i aoe me pert re fy ‘and Meet OR et Warren and Franklin Coanti~
tur pot t le the ®t harles
been texted ta the ee ax- cumeetion for: 3
tere
ah of al nas
- wick oe 4
ae es then and meee pemerees At. Charlo
on
te
‘ at) tention paid to a motinn ee
Heep will attend to habe nk eal ences ions
dune gee wrong he only wit be ta that there was yo
mo In order to allow for ytretet f appellant and
the rope the sheriff has made ar- whieh fe the
ee ery fn Mr Ueber to cut a Which ie ergmon ;
+ throngh the seonnd stom floor Tohand
wl put anther eaghy feet be. :aeati would be hi
ae
eu them and ant place pocebte Ub _ fem
ans a Trae tauch. a
® gondemood men wore visit
the Hey Miller and hive other ~~~ ACRNCTAL
nixtorn, fram Mt fouls this morning. The revolvers of Andrew
a, prayed togeth er, and Se Black akot the
the Rev Miller, it seemed that kind af a
th men were bappy in thatr faith and
signet to the end Omiv Harr: fee : P oe Je
baptized il TN pais 4 yin : ‘ ‘ Y Ne
e ceremans before Friday om eB ei enc eee een Bane ay ae . 2 -
the hands of Rev. Miller, who aisn from the revive % Tom Alta. But ee a. : ee =>
ii stax, with them Theredas pip ditag Foc of ether Andrew j — --- --->--- vaste econ pesedia 5. B.
ce
ad
«i ther have told him ©
a anare them, heeaase t
a! his duty places this ma far. th leek ae dt
vtormancs They never pray:
fint they mention the names of on ae
upp and his wife and cali upon find to
@e- thom er eens
The Black Brothers BURR wiblor mat e three ware
ind: and had no money to bay
lace and other simple wants eo From Thursday’ | i
ther pnsenem enjoy The Shenff Sine WAR} oye 8
ippliod theese in exchange Yor tabor | - Andrew vee ee BA4 theen diem : a, Ae TOR Ny CORT
+ would seod his shom to their celi men, Paid Bock : Pedrvetag- uti
, pune or MS Rapp wont pcm re nie f . -
talal +) é <
f oiAth thas enight otheewige pu He of z
tra burden op the pens ange ane Ee ce re oud a Sa San ee
‘hese cvidences of good will made a slg was made in yt wert htoh nice are interested are invited to be present
“ep impression on the minds of the pats. rr a a ae mi fr
SPLsO NOES
Sherfff Rn ar that the ten men plea , tnalde
brs: rope math religious Come! are me the ¢ ‘al oat wa ne ereeed tw the
acing dead with o fortitude that wi otwe © ‘
Urpriaing Ae said there fear af Gnd| The tern nea “Som ¢ extremely bape
Poss so genuine that Then: was no dan-| Nobody not thfarmed rs
eres of them enemy waiade As }that the: . han ° . '
bvidence of Bis theors he referred tolof (he ‘3 . rouD ng in somoinstences
ne fact that lest Runde: ae 194 | questioned. 9g it freedo: " " @ 8 atheduly for thoes
ties a
mgh ce ent xide * , TS
Boas ern eae
of the vrei
w OLUE BACO
cro abeolu!
ame ta tho jal rie that time.
hace learned to read and Brite sho
that thes were
edarated. and we
(a5 oe 5 Shes toe Sy eee : 5 we . : Seeman
the. men, rth Of apt Stars ther: " We oF ; ‘ ne .
praved with thom in ther Pri sechal ¥ farm - . as |
sobbed at a etl bo here
4 re vi -the- relatives-
take chaew@ ot the bodies or whether
the counts undertaker efi] be
ARGUMENT For L
ONMEN
been t
as ses has
‘or an amelioration a
af a to that of life
that thay hel 7
i rae Ce
attacked = They ne nae BE Pg was
nccally bit in the arm ds 9 hustle
a re thay end their Weapons |
By , api i,m te
-, ee ine =
it mh Te testimony ae 1 to ne
{ attending — phe AT Dee Rerpen Laid ae
Soe pnnte bee {8B ut. - Re bet ge rs vd marrage Tineriane here t-
ea cette
tte gee
oa
ead evws-waor oh 2 Wan,
Tomorrow
and
Wednesday
|
Eagle Stamps
Instead of
the Usual 1
WiITH THIS GREAT STAMP CARNIVAL, WE
THE GREATEST SHOE, SLIPPER, READY-
‘ERY AND FUR VALUES IN S&T. LOUIS’ HIS-
ND SHARE IN THESE WONDERFUL BAR-
YOUR XMAS AND WINTER NEEDS AND FILL
OK THREE TIMES AS QUICKLY.
y 4 J a a
H'& ST.CHARLES
and comfort—all .
st degree inthenew
scarf” Collars
ya newly pagented eollar which embodies the most
-iea} improvement ever made in collar construction.
yack does away sith all the fussin’ and cussin’
vying to get your mecktic te act decent when
a.
are are being intredueed in the leading shops.
below will supply you.
All Styles 2 for 25c
WUGER &@ WRILANDY., MAX WEISL.
see8 N. Grand Av. 3@th and Gaver Av.
L. BOSENBERG, MN. BEAKER.
0863) Virginia Av. 1087 Collewe Av.
& GRoTE., Q. P. BREINING,
ae. 1088 Gidney S000 N. Leth Ot.
B GLATTery, GEO. & HUETHER,
90m Park Av. 4488 Virginia Av.
Wu. BH. SEMeRAlK B. WESTERMAN
teed taken ee 8788 Grevete Av.
KASSEBAUM & GOD-
\| FREY CLOTHING CO.
+ esas meoter Av.
4. FF. SUERGEMS,
6816 KM. Breadway.
G. & SPILEER,
2208 Salisbury Ot.
Eis Be
¥.
» We.
M. Lease Often, 1181 Waehiagtes Av.
‘ VINTER SERVICE TO
furnar
RIDA
Matt taraw
NEGRO SLAVERS OF
POLICEMEN 10 G0
T0 S1. CHARLES
No Demonstration Against Other
Blacks Occurs at Scene
of Killing.
BOY DESCRIBES TRAGEDY
He Testifies Negro Who Was
Slain Fired First and Others
Later Used Revolvers.
beld tm the 8t Lous Jali for the mur
Ger ef Policemen John Blair and
David Lamb ‘n St Charles Saturday
evening, will be taken to 8t Charles
within a few days, and will be held
for trial there on charges of first-degrpe
murder. In case of conviction, the
death penalty will be optional with the
Jory.
Feeling against these two negroes is
strong in St Chariea—so strong that
it was deemed unwise to take the pris-
oners there after their capture at
Machens, 8t. Charlies Qéunty, late Sat-
urday night But there has been no
demonstration of any sort against other
Begrees in St. Charies. t
inquest Inte Three Destha
Inquests into the deaths of the two
policemen and of Tom Allen, the negro
who was killed in the fight, were begua
Sunday afternoon, and were centinued
Monday. The dead negro's name was
at first supposed to be Black, as he was
& cousin of the Black brother, Harry
and Andrew. ¢
Coroner Belding and hire soage Ae
tormsy Deudt ducted
The witness whose story Po Bcoepte!
by them as the most reliable account
ef the triple millmg was Senter Ebeling,
W years eld, son of a former Fire
Chief. Hie story was corroborated by
Lele Batter, 14 ond it alse tallied with
the evidence furnished by the bullets
taken from the bediea
The boy's story was that Policemen
Lamb and Blair came together upon
the three negroes, ané that Biatr on
Gered them to sufvaner. Harry and An-
Grew Black held up their hands the
boy said, and Tom Allen, standing be-
bind them, fired a shot into Blair's
face Blair fell, and Lamb fred at the
negro twice Blair fred his revolver
once The other negroes, doth fring,
young Senter declared, then wounded
Lamb in the bead and the body.
Tom Allen's revolver was of #4 can-
ber, while the other negroes had Ma
Both a 33 and ao #4 bullet were taken
from Blairs body, and the bullet ia
mnub's body was a M& The bullet
which inflicted Lamb's fata) weund
passed through the back of his head,
and was not found
Oue Negre Beales Shooting.
According to the boy’s story, all five
participants in the battle fred their
revolvera. Harry Slack admits that he
Ored once, but says the shot went wid.
Andrew Black denies that he used 4 re-
volver. {
Harry Black has as revolver wound
‘mn his arm. Both he and his brother
were wounded in the legs With buck-
shot by Theodore and Ed Isemann and
Max Pumphrey, who waylaid and
caught them near Machens at 9:4 Bat-
urday night
The negroes live at 2901 Morgan street,
St. Louis, Tom Allen, they say, lived
near Garrison and Easton avenues Ths
Blacks say they bad been in the habit
of going to &t Ctaries every Saturday
to sboot craps, tut they denied that
they ever had been warned or ordered
to leave town fhey said they were on
their way to the Wabash Depot to take
@ train for Bt ula, with their wio-
nings, $9, tn their pockets, when the
policemen came upon them
When the M, K. @ T. train leaving
&. Louis at US$ p. m and passing
Machene at 12:3 a m. Sunday. 8 party
of men inatsted en searching the coaches,
in the beilef that the negroes migm be
concealed there by the officers who
had them tr charge After the tral
had gone, the street crowd dispersed.
realizing that the men were to be taken
to Bt. Loula
Life Is Too Short.
a
Don’t mend time twieting pee e
collar, We prape collar to Gt Sock: ea-
arch Laundry vives
“TREAT HENS RIGHT AND
EGG PRICE WILL DROP
So Says Mountain (Grove Man
Whose 10 Bens Laid 2000
Egge in Year.
KANSAS CITY, Mo, Dea &—Keep
Harry and Andrew Black, negroes, | [I
|
|
ao ono 1060 So eee bene:
|
Sf
4
°
a
h
TRAIN ROBBERS GET $5000
CHICAGO, Dec. '6.—Train robbers,
belleved to have board:d the Lake
Shore & Michigan Southern transcon-
tinental train at Toledc, looted an
express car of merchandise valued at
probably $5000 and vscaped early to-
day. The loot consisted of furs,
plumes and allks. The bandita en-
tered the coach by cutting away a
Aoor.
The robbery was discovered by
Ralph Holcomb, night agent of tne
ee States Express Co. here. De-
ectives were put on th ge
een oe Dp n e@ ca today.
Negro Dice Player
Kil in Fight
cuinnaish: oicar-tniok Goin
cating Attorney Dauét jetned tu this re-
quest, and asked that Ihe mén be taken
dead or alive. t
Machens told the men who were in the
acd Pumphrey volunteered. although
@arved that the negress Were weil
armed and desperate. |
They went op the track, some dis-
tance west of the Sepot, and whan
thé? negroes approached, they arose,
covercd them with’ revelvers, and
commande’ them to halt When the
begroes ran, all three fired. alming
low, and en instang later the ne-
Sroes were groaning on the tles, with
bullets in their leg
After tBey had Seen bound and
taken to the depot, they admitted
their identity. Ons ef them was
srmed. buf the other. said he fag had
a revolver, @nd Jid abt seem to kaew
what had become of it They were
very apprehensive ut retorniag to
St. Charles, end when they learned
‘hat they! were to be taker to Bt
Louls, their suffering from “<nerz
wounds seemed somewhat abated.
and they sat up on benches and
puffed cigarettes. a
Former Sheriff Hines, Deputy Bherif? |
Heady of Wentavilla and John Grote
went in an sitemap tou Machens. to
take charge of the prisonerp. Many of
the men on the streets in St. Charlee
thought they were going 4 bring the
pegroes back at re, aad gathered
along Main street and at the Katy ata-
tion to walt for them. ;
Policeman Blatr was 45 years old,
and heft @ wife. Lamb is 46, and has
dren.
.e
epeciea ge
a wife, ome child si two stepeh'l-
i
ee
oo
| | The greatest gift of all
BLACK, Andrew and Harry, black brothers,
hanged at St. Charles, Mo., Aug. 18, 1916
1
known and popular figure in merchant
marine circles.
ee ee ee ee +
? NEGRO BROTHERS |
ARE HANGED 25 |
MINUTES APART
oh LON S kas\ Visgaste C
About 50 Persons Witness Ex-
ecution of Policemen’s Slay-
ers in St. Charles. ~ >...
Nile
G\S
Harry and Andrew Black, negro
brothers, 29 and 27 years old, whogtty- 9
merly lived In St. Louis, at 2001 Morgan
street, were hanged In the county jail at
8t. Charles this morning for the murder
of Policemen David Lamb and John
Blair, at St. Charles, Dec. 6, 1913. Harry
was hanged gt 5:26 o'clock and was pro-
nounced dead 14 minutes after the trap
was sprung. The trap was sprung for
Andrew at 5:51 and he died 13 minute!
later. It was the iirst double hanging
in St. Charles County. About 50 persons,
mostly officials of St Louis and 8t.
Charles Counties, attended the execu-
tions.
~
=m &
{
ot
7
a ee ME oe
“°
Philip Rupp of S8t. Charles:
ounty, sprung the trap, in both exe-
cutions. ‘Policeman Robert Lamb, a
brother of one of the murdered officers,
azsiated in the execution of Andrew.
The Black brothers murdered Police-
men David Lamb and John Blair on
the Wabash tracks at Fourth street in
St. Charles while the officers were en- t
gaged in a pistol fight with Tom Allen, t
a third negro. alien was killed, a
Lamb, who was in turn shot and mortal- i
ly wounded by Harry Black. Blair was! |
also killed, presumably, by Andrew},
Heck. who also took part In the shoote/| .
ng. i ;
The Black brothers, who then livéd in
St. Louis, explained their Presence in!
St. Charlies by saying they had ne.°
—"-Ff 8 ere B
there to gamble and were preparing to. F
return to St. Louls when the shooting |
occurred. ; -_ :
PORTUGAL SOON TO BEGIN. |
FIGHTING ON ALLIES’ SIDE|=
ar
he ee a RS Yet ae
PRP A MSE ae
__1900, at the county of Clinton, state afore
962 66 SOUTHWESTERN REPORTER.
13. Remarks of the prosecuting attorney, in
arguing a rape case, that if the jury gave de-
fendant a penitentiary senteuce he could only
be sent to the reform schoo! on account of his
age, was not ground for new trial, where
brought to the attention of the court by affida-
vit; no exception being taken at the time.
Appeal from circuit court, Platte county;
A. D. Burnes, Judge.
General Armstrong was convicted of rape,
and appeals. Affirmed.
E. C. Hall, for appellant. The Attorney
General and Jerry M. Jeffries, for the State.
GANTT, J. At the September term,1900,
of the circuit court of Clinton county, the
defendant, General Armstrong, was indicted
for rape. He applied for and obtained a
change of venue from Clinton county to
Platte county. ied in the circuit
court of Platte county at the December term
horse to the right side of the
to her “Give me a dollar.” She’ ie a
would give him everything gs
would only leave her alone,
says, he became very angry, and
teeth, and caught her, and draggagig:
the buggy, and struck her in ine tone
resisted him with all her strength:
tried to scream; but he caught hap
throat and she became unconsetip
she regained consciousness, she“
skirt was down, her underclothas” 5
rumpled, and the napkin she wore:
count of her menstruation at the:
moved. She saw him going downy
She drove first to Carey’s, and ate
five minutes, and then she drove’
Mrs. Boone’s, about one-half yy
she tcld the story of her frightfut
Mr. Boone gathered two or threé
1900--and convicted, and from that convic
tion and his sentence thereon he appeals.
The indictment is in these words: “State
of Missouri, County of Clinton—ss. In the
Circuit Court, September Term, 1900. The
grand jurors for the state of Missour!, sum-
moned from the body of Clinton county,
charged, and sworn, upon their oaths pre
sent that one General Armstrong, late of the
county aforesaid, on the 12th day of July,
said, did in and upon Ivy B. Turney unlaw-
fully, violently, and feloniously make an as-
sault. and her, the said Ivy B. Turney, then
and there unlawfully, forcibly, and against
her will feloniously did ravish and carnally
know, against the peace and dignity of the
state. Thomas W. Walker, Prosecuting At-
torney. <A true bill, Jobn L. Clark, Fore-
man of the Grand Jury.” He was duly ar-
raigned and entered his plea of not guilty.
The evidence was in substance the follow-
ing: Ivy B. Turney, a young white girl of
the age of 16 years, lived at the village of
Turney, in Clinton county, Mo., on the 12th
day of July, 1900, and had lived there since
she was 8 years old, and gone to school. She
had engaged in delivering baking powders
on that day to different families in the nejgh-
borhood of Perrin, another village in said
county. She had a buggy and horse, and
went alone. She started about 9 o’clock in
the morning of July 12. 1900, from Perrin,
to deliver the baking powders. She had
stopped at the homes of several families.
After leaving Mrs. Dunn’s, and while driv-
ing along cn the public road to the resi-
dence of Mrs. Carey to make another de-
livery of goods, she testified she saw the de
fendant, a negro boy, riding a white horse, |
herding some cows along the road. Between |
Mrs. Dunn’s and Mrs. Carey’s there was a
small ravine, out of the sight of each of these
houses. After leaving Mrs. Dunn’s, she look-
ed back, and saw the defendant was follow-
ing her in a gallop, whereupon she drove
rapidly to get away from him, but he over-
and they immediately went to ‘tha’
defendant’s parents, took Gefey
charge, and carried him to Mr
where the prosecutrix was in bed
identified him positively as her asé
, the meantime Dr. Sturgis, who “résiden
Perrin, was called in, and he testified thine ta
found prosecutrix suffering from “etieéce:
nervousness; her pulse about 96, “He
her right hip and right side 4 f
bruised, and her right arm partiany’
lyzed. He made a digital examination *
found the hymen absent and menstria#ts
present. He treated her seven or eight
before she was able to go to her pérents
Turney. Prosecutrix testified to a ‘sore
in her private parts, which she ha@:
before experienced, but was unable to birt.
from her unconscious condition, whether peg.
etration had occurred. Examination *
made by Dr. Sturgis of the defendant's pe
son. but he discovered no stains upon fit,
clothing or person at that time, some two
three hours after the alleged outrage: © The:
witnesses who arrested defendant at his fy
ther’s testified he bad on a freshly launderag:
shirt. On the other hand, his mother amd
father testified be had not changed ‘his shirt -
since Sunday, and this was on Thursday, | ~
The weather was very warm, and the roads
dry and dusty at the time. The defendsnt
was taken to Plattsburg, the county seat
and, as the indignation was very great, the
sheriff, Wiser, took the prisoner to Kanss#
City for safe-keeping and to protect bin
from violence. On the 14th of July, the mar-
shal of Plattsburg, Mr. Moody, and Joseph
Shoemaker were returning from Kansas City
with the prisoner, taking him to the Platt.
burg jail. It seems they were In some way
advised that a large crowd had assembled af
Ixearney, a station in Clay county on the
road from Kansas City to Plattsburg, aad
there was danger of violence to the prisom .
er. When they reached Kearney, Edgar. |.
Cave, the deputy sheriff of Clay, and Moody,
the marshal, managed to keep the attentim -
aiiestiar 8
took her, caught the lines, and pulled her
of the crowd while Shoemaker took the priv:
gc)
one? off the
ynek nbout &
vanker testifi
te
maker tbat
was passidg
yived, and s*
«j rode after
grapbed her
oul of the b:
of me.” a
and he said
then I tore
and” accom
while I got
to my hors
tn the bus
porse and
cnine and F
itively tha
defendant
Wiser test
very mucl’
him to Ik:.
uwD beha
that be 4.
and deni
the mob :
gim in a>
stons of +
defendal.
renson U
was une
and in ¢
dence W
Edgar ©
testified
and Sh
with tl.
Platts
al, do Yi
eape Sa‘
not Ci
be afte:
commit
were at
to whi
“way of
“Yes.”
ao it,
Wings
borhod
ernoon
pin, @
staine:
about
Dunn’
pos-c>
fled.
Se Ae te Mi ep we EE www?
THK SENTENCE:
“General Armstrong, you have been indicted, tried and e-nvicted hy
a jury of your fellow couhtrymen for one of the most heinous: crimes Known
to the Jaw cf your nod and as recognized by the people. You have been
represented by ablo attorneys, and as far as L rm now able to discover, have
bad a tair and impartial trial according to law. A jury of good and faith-
ful citizens have listened patiently and attentively to the evidence in your
cage, and after weighing the same in the scales of justice as declared by tbe
law of this state, they have found you guilty of committing a rape oD the
prosecuting witness, and fixed your punishment at death. The legislature
of this state saw fit to fix this severe punishment to such offgases, not only
for the purpos+ of justly punishing the ono who ecmmits it, but also to mare
securely protect the women from such bratal assaults. 1 have no desire
nor inclination to farther torture you by saying harsh things to you in your
preent condition, for it is painful enough for me to hove to con jemn you to
the gatlows. - It is enough for me to say, on this go'emn occasion, that you
have been convic’ed by 4 jury of goot men, and £0 far as this court is con-
cerned, you must pay the full penalty the law prescribes for guch crimes.
‘Aji that human kind can offer has been done during your trial and confine-
ment in jail, and you must now look for further forgiveness and consolation
from Mim who created you, and \Vho at last must pass tinal judgment upon
you for the doed done on this earth. My most earnest decire and advice to
yow is that you proceed at once te make poace with your Maker and fit your-
self to appear in His presence. He can do you more good now than alt hu
manity, and you sbould look to Him, not only for forgiveness but ‘consola-
. tion in your present condition, lf you are guilty, a8 the jury determined
you are, He knows it, apd you should not even attempt to deceive or con
ceal it trom Him, as He knows all things. 1 again enjoin upon you the ne-
cessity of looking to Tim, and with a proper spirit acd & peading heart go
to Him in’ prayer for his mercy. He has nevor dried it to anyone who
asked {t of Him in proper manner, anc He will not turn you away unjust-
Jy. Ino accordance with the punishment fixed by the jury, it is now ordered
day of January, 1901, between the hours of 6 o'clook 8. m. ‘avd 7 o'clock p.
m, of that day, snd in the mannot required by law, you be hanged by the
neck until you sre dead, and may God Almighty have mercy UpoB your
poor soul. Take the prisoner back to jail, Mr. Bhoriff, and carry out. the
sentence of the court.”’
¢
~ ”
~ [THIS ARTICLE 18 CONTINUED OR
- my ‘ ah
is ad at, See od te Pe aes : hat
™ “: atte met of a .
by the court that you be taken out by the eherilf of this county, on the alst.
Pe ee Fe Te RA
“paea}irn ee
= ; door of the jail As be passed b |
ee The Execution. g Jack seein another Sie oan
Friday, April 25, 1902, was an ideal oper, Arinstrong said : :
day, It was warm and Laliny and “Goodbye, Uncle Jack; meet me
the heavy wind that had been blow. in Heaven.”
ing for several days had lowered, At 10 minutes to 9 o’clock the con-
On the south side of the Platte demned man, Sheriff Elgia and Dep
county jail was erected the scaffold, uty Miller came into the enclosure.
With a firin tread Armstrong mounted
and around this waa built a stoeknde,
about 14 feet high. Sheriff Joseph
M. Hlgin had summoned the follow.
by Jurors to witness the execution:
".C. White, Dr. W. J. Si saa
: . W. J. Simpson Beep
Dr. Robert Wilson, Dr. Spence Rat “Tull my mother and father to moet
man, W, 'T. Jenkins, J. W. Murdoek, me in Heaven ; that's all.”” .
A. H. O'Dowd, Dr. James A, Bald- Hor. J. F, Walkthr, colored Metho-
win, De. G. CGC. Coffey, Henry L ' dist preacher, then offered a short
Dillingham and George A, Stone, prayer do Iihalf of the condemned
Phere wore algo present Sidney Beery, Mapas eunn, te atania before the Bar
Gee dee and Whit» Me- ee er aah ste then
ee, clremt clerk. The jury ard adjusted, the black cap pulled over
pai oe inside the high iron cage - fai haan sae lig i |
d the othe= part of the eruwd ats rap and the immortal part of the
outside the iron cage, yet within mt negro boy had gone out into eternity.
plank stockade, : , Shere was nothing about the etecu-
AtS:30 4. m. Sherif dogeph M tion to show that Armatrong suffered
Kigin and Deputy Gid TL. Miller one iu the least. A few moments after
Te : ~ ’ icles is |i we)
‘ die the cell where Armetrong was the drop the muscles of bis limbs _ ;
confined and read to him) his death tracted and then relaxed—this was,
‘¢ ‘ mye : } | |
Warrant, Dohe condemned man Oa ewe |
showed no emotion, When asked if
life in the body. |
he had any statement to make he said The trp was sprang at 323, and (
Jbe had none. Lhe straps were ad.
the physicians in attendance examin- ;
Justed on his hands and loosely on
the senfold. Deputy Sherif’ Gid
Miller then asked Armstrong ‘f he
had any statement to make. — He
ed the budy. ‘Lhe following was the}
register: two minutes: atter-- pitise |
66; three minutes -55; five minutes
-~116; six SS; seven -120; eight--
120: nine-- 100; eleven -- 100; twelve
SU; thirteen 00; fourteen—-b0; fif-
teen- 40; sivteen--2S; at seven mio-
utes after 9 o'clock no pulse was per-
ceptible. ,
‘The body was cut down at 12> min-
utes after Wand turned over to Under:
taker Biker, who shipped it to Arm-J
strong's parents at Plattsburg, 4
This will be the second legal hang-
hing ite Piatte county. Qu June 24,
HSS, Lveurgus Shepard, sheriff, hung
‘Abe Newby, a negro, on a white oak
Htree S00 yards east of Hon. RL P. C.
i Wiison’s residence. Abe had killed
‘another neuro withanagre. Judge k.
HL. Norton was cireuit judjre and Gen,
i daties Crags pre secuting attorney.
| ‘Lhe second hanging was that of a
hiewro, Ralph Wathiams, July 24,
$UNTH, also for criminal assault on a
| white woman, A mob took forcible
lp eeeasion of the jaile took out the
| negro, hauled him in’ a wagon to a
tree that stood where the Rock Island
crosses the turnpike at ‘Tracy and
there left him huoging. {
Another negio was banged py &
mob at Westan, June 14, PSs], for ar-
suit ona white woman,
¢
¢
toe
SHE RGD R Sostrib Mob teas
1K ’ .
ie | wSound he was led tu the outers
ae
Lr RS v
a raaneby, April om 102.
everal Armetrong, colored,
J expiated his crime ou the
scaffold erected near the
county jail at Platte City.
The execktion was a quiet affair, |
unattended by any excitement what-
ever, Contrary to the expectations of
many there were only a few people iu
town and the crowd at the jai! did not
exceed 45 people. As soon as the ex- |
ecution was over the crowd dispersed
} and many people in town did not
know that the affair was going on.
The Crime.
ee cadet 4 best y Pee pati Hick st {, he: i
cra. te ahenpee General Armstrong is the nigre Bey! }!
who. committed criminal assault upou \
GENERAL ARMSTRONG
Who was hanged at Platte City, Mo.,
Friday, April 25, 1992.
the person of [yy Turney, a 16 year
old white girl, in Clinton county, July
12,1900. The case which was beguo
Wedneadav afternoon, December 12,
1900, created considerable interest,
many Clinton county citizens being
present atthe trial. It is almost a
miracle that the ‘General’? ever had
an opportunity for trial in a court of |
justice, Twice since the cofhmixssion
4 of the awful crime has he been saved
from the clutches of a mob, and on
one occasion he hid for two nights ip
5 a cornfield with the sheriff of Clinton
county, who was dodging a party of
enraged citizens.
General Armstrong wag? afraigued
on change of venue in the Platte
county circuit court December 12,
1900, Judge A. D. Burnes presiding.
‘frightened and whipped up ber horse.
wath
the buggy and beat her into insensi-
bility, and then is supposed to have
accomplished a deed-too horrible for
publication. The girl does not know
whether the negro accomplished his
awful purpose; but Shoemaker, a
momber of the mob which attempted
to lynch the negro, testified that Arm-
strong made a full confession to him
near ‘Turney, Mo. After the arrest
of the ‘General’ he was taken be-
fure tho girl, who identified bim.
see the girl on that day, and that he
made no such coufossion as testified
to hy Shoemaker.
Arriving at a verdict, two being of tha
opinion that the punishment of a boy
of 16 should not be as severe as the
punishment of a mature man charged
with tbe same crime.
of youthful appearance, veing only
16 years old, yet there remains no
doubt of his guilt. The verdict is
considered to be a just one, aud meets
with the approbation of all our peo-
pile. It shows that the majesty of the
law can be fully sustained in a quiet
and Jegal manner. without resort. to
force or the rules of Judge Lyneh’s
court The trial throughout was de-
“Voldt of dramatic scenes, and was as
I yuiet as a civil uit.
The evidence, developed at the!
trial, showed that lvy Turney, on the
12th of July, 1850, was driving from
house to house in Clinton county, de-
livering baking powders which she
had previously sold. As she drove
into the yard of « farmer named Dunn
she noticed a negro boy riding a gray
horee, herding cattle. She stayed at
Dunn’s a few moments, and then
started, in the road wagon iu which
she was riding, to avother house.
She had gone but a short distance
when she Jooked around aud saw a
negro boy on a gray horse riding to-
ward her very fast. She became
The boy overtook her, jerked her from
#)
~ _— -. ~ .
eS ee AES De Tete een ame
P ROA aE Sa: af : ,
The negro testified that he did not
Lhe jury was out 24 hours. before
Armstrong is a small colored boy
we
i be, ar
11
Srey,
| The Verdict.
} “We, the jury, find the defendant
Ruilty as charged in the indictment
and assess his punishment at death
‘this Sth day of December, 1909.
| “G. B, Anderson, Forman; Joseph
|Tatman, A. A. Miller, S. W. Gro-
thong, W. H. Ritter, R. M. Farra,
W. C. White, Robart P, Hatton,
Charlea Carson, M.S Wilson, E J.
Tatman and S. H. Allipgham.”’
General Armstrong was defended
by Messrs. Rag Hall. of, Blattshurg,
jand'Guy Park of Platte City: while
the state was represented by Sid
Beery, prosecuting attorney of Platte
county, and Frank Eis of Clinton
| county,
The Sentence.
Ou Saturday, Deeember 15, 1900,
of the same term of the Platte county
circit court, Armstrong was arraign-
ed before Judge A. D. Burnes to The,
ceive his senteuce,
It was-an affecting scene when Gen-
eral Armstrong was escortec! by Sher-
if Henry Dillingham into the Platte
county court room to receive hig sen.
tence from Judge Burnes, Arm-
strong came in, and if he felt the
gravity of the occasion, his face did
not show it.
After all the formal entries had been
ordered and made by the court for ay
appeal, then, according to the law,
Judge Burnes requested the defend-
ant to stand up, aod asked him if be
had anything to say Why the sentence
of the court should not be passed up.
on him. The defendant replied that
he had uothing to say. Then, after a
short pause, Judge Burnes pronounced
the seutence the lav requires upon
the defendant.
> .
a Ow ae PNR NALINI Pe LNAL LA
j puss une ee |
Fe ree ere itch euaabt ale wiles epidine +, cn —
During the time of Passing the ren.
tence Judge Burnes waa Rreatly af
fected, and at timer his voice was
hardly audible. When be finikhed
his eyon were {nll of teark, and overy-
one Was more or lesa nffectod excopt
the prisoner, who showed a stolid: in-
difference, pe
' To Supreme Court.
Arinstrong’s lawyers next appealed
fof Missouri. = On March 4. 1902:
the supreme court sustained the lower
the Cause to the supreme — © purt!
court and fined the execution for
ery from March 14, 1902, to Apnl 11,
1902, and a seeond time from Friday,
April 11, 1902, to April 25, 1992,
Then again, on Monday, April 21,
1902, Armstroue was brought before
Justice Cleero Hatton, sr., under a
Writ of habeas corpus and tried aa to his
sanity. ‘The question wae, ‘La hein
his natural mind? ‘Lhe jury com.
posed of David Chesnut, George Zarn,
Joseph W, Clark, John Clements,
Elihu Park. Charles Chiun, Minor
Payne, Andy Cox, Jobin Walker, Dap
Jucks, James Tatman, and. George |
| Mason, brought ina verdict that Gen..
eral Armetrong was sane, The state
was represented vy Judge T.W, Walk.
or of Plattsburg, and Sidney Beery of
Platte City, Hon. Ras Hall of Platts.
bury, represented Armstroug.
This was the last) chance for the
: nae
The seatfold Upon which General
Armstrong was executed,
condemped man, though his attor-
UeYS appealed to Gov, Dockery fir]
another resPite,
Miareb 11, ly, Upon the scligita.
wef Com. of the prikoter’s lawyers, Arm.
opstronyg was reapited Oy Gov. Doek-
1 ol Peng ohalt diel,
y
BUT ate fh ae anaes
mo.)
off the train and down the railroad |
prack about @ quarter of a mile. On this |
trip. and while hiding from the crowd, Shoe-
maker testified the defendant asked him
what the crowd was doing, and he told him
it was & mob, and told him that, if he did do
this, it would be better to tell the truth
about It. Thereupon the prisoner told Shoe-
maker that on the morning of the 12th he
was passing the place where Mr. Berryman
lived, and saw the prosecutrix in a buggy.
“] rode after her, and caught upwith her, and
abbed her by the shoulder, and pulled her
out of the buggy, and she fell almost on top
of me.” Shoemaker asked if he struck her,
and he said, “Yes; I struck her once, and
then I tore her drawers, and got on her,
and” accomplished the rape. “After a little
while I got scared, and got up and started
to my horse, and I saw her get up and get
in the buggy and drive on. I got on my
horse and went home, and then these men
came and got me.” Shoemaker testified pos-
itively that he held out no inducement to
defendant to make this statement. Sheriff
Wiser testified that defendant seemed to be
very much frightened when he was taking
him to Kansas City. The defendant in his
own behalf testified that Mr. Shoemaker
tried to make him confess, and he would not
do it; that he then said he would let the
mob get him, and drew his revolver on him;
but he made no confession to him such as
detailed by Shoemaker. Shoemaker denied
that he drew his revolver on the defendant, |
and denied that he told him he would let
tbe mob get him; denied that he threatened
aim in any way. The court ruled the admis-
slons of defendant were competent, to whee
defendant by his counsel excepted, for the
reason that the evidence showed defendant
“ras under 1G years old, and under duress
and {n great fear at the time, and the evi-
dence was incompetent for these reasons.
Edgar Cave, deputy sheriff of Clay county,
testified that be was on the train with Moody
and Shoemaker on the day they returned
with the prisoner from IXansas City to
oner
STATE vy. ARMSTRONG.
Tlattsburg, and said to defendant, ‘Gener-
al. do you know you had a pretty Darrow es-
cape Saturday night?’ He answered he did |
not Care then said, “The people seem to
be after you pretty hard, and be must bare
committed an awful crime the way they |
were after him,” and said, “Did you do it?" |
to which defendant first nodded his head by |
way of assent, and then looked up and said,
“Yes.” Mr. Cave asked him what made bim
do it, and he said he did not know. Mr.
Wingate, a gentleman living in the neigh-
borhood of Yerrin, testified that on the aft-
ernoon of the 12th of July, 1900, he found &
pin, a lady’s hair ornament, and a blood-
stained cloth on the west side of the road,
about a quarter of a mile south of Mr.
Dunn’s house, and had kept the pin in his
possession from that time until he test-
fied. This pin the prosecutrix identified as
963
one she wore on the day she was outraged,
but bad never known before when she had
| lost it. David Cook testified that he went
with Mr. Boone on the 12th of July, 1900, to
arrest defendant. When they took him to
the school house, they examined him, and
he noticed defendant’s shirt was clean, and
they asked him if he had changed his clothes
after he came home, and he first said, “Yes,”
but almost immediately he said, “I was not
thinking what I said; No.” He also denied
seeing the girl at all, but he had seen @
white man with some kind of blacking brush
in his hip pocket going down the field, and
he expected he went down there to black
himself. Numerous grounds for reversal
have been urged in the argument and brief
of counsel for defendant
1. The indictment it will be observed does
not specifically allege that the prosecutrix
was of the female sex, but charges that de-
fendant did in and upon her (setting out her
name in full) “unlawfully, violently, and fe
loniously make an assault, and her, the said
Ivy B. Turney, then and there unlawfully,
forcibly, and against her will did ravish and
carnally know.” The objection is without
merit. The exact point was ruled adversely
to the defendant's contention in State Vv.)
Hammond, 77 Mo. 157, and State v. Warner,,
14 Mo. 838. Whart. Cr. Law, §§ 5, 74.
2. It is further insisted that the foreman
of the grand jury did not indorse the indict-
ment. To make plain the point made under
this assignment, it should be stated that in
the transcript sent to the Platte court on the
change of venue from Clinton county the
typewriter makes the record state that the
“court appoints John L. Calrk as foreman”
of the grand jury, and the indictment return-
ed in the case against defendant is indorsed
by John L. Clark, and bence the contention
that the duly appointed foreman did not in-
dorse the indictment. Now the full entry of
the impaneling of the grand jury shows John
L. Clark was duly summoned as a member
of the panel of grand jurors, and was duly
sworn as such. It furtber appears that no
such person as Calrk was a member of said
panel, and on the 18th day of September,
1900, the record_of “sal
d court at the same
1 SAN. record of said court at ¢
term recites that _t grand jury returned
;_and presented a bill of
1 indictment No: 005.
State of Missouri vy. General Armstrong, for
tape. “which said indictment is by the court
examined and found to be indorsed ‘A true
bill’ by the foreman, John L. Clark.” It is
apparent that John L. Clark was a member
of the grand jury, and he was recognized by
the court which appointed the foreman as
the foreman, and it is equally obvious and
clear that no such person as Calrk was a
member of the grand jury, and that Clark's
name was by misprision of the typewriter
who copied the transcript misspelt; and hence
there is nothing in the objection. State v.
Orrick, 106 Mo. 111. 17 S. W. 176, 329.
Equally as frivolous is the assignment that
2£
i ;
if
t
y
ae
2 EE A NS
964
the grand juror Charles Hallm was not im-
paneled, charged, and sworn. The record
shows that Charles Hall was duly summon-
ed, impaneled, charged, and sworn, and no
such person as Charles Hallm was ever a
member of the grand jury. The sole founda-
tion for this point is that the typewriter who
copied the transcript on the change of venue,
in striking for the space bar on the machine,
evidently inadvertently struck the key that
contained the ‘“m,’ and this added the su-
perfluous letter to the name of Charles Hall,
who in fact was one of the grand jurors.
Counsel is right in saying that Charles Hallm
was never sworn or charged as a grand ju-
ror; but the failure to make him, if he ever
existed, a juror, does not affect this case.
8. After the panel was selected, and be
fore they were sworn to try the case, they
were placed in charge of a sworn officer and
kept together until the next day, when they
were duly sworn to try the case. It is now
urged as error that the jury was not sworn
before they were placed in charge of the offi-
cer. No pretense is made that the officer
tampered with the jury, or permitted any one
to approach them, or that they were guilty
of the slightest impropriety. There was no
separation of the jury at any time. Clearly
no error was committed by this action of
the court; neither was it necessary to ad-
minister the special oath to the officer in
charge at that time. When finally the evi-
dence was all in, and the arguments closed,
it affirmatively appears that the jury was
placed in charge of an officer sworn in ac-
cordance with the requirements of section
2629, Rev. St. 1899. State v. Underwood, 76
Mo. 630. :
4. Error is also predicated upon the refusal
of three instructions prayed by defendant.
One was a peremptory direction to find de
fendant not guilty. Clearly no mistake was
made in denying this request. There was
ample evidence to justify the submission of
the case to the jury under proper instruc-
tions. The court properly refused the first
instruction asked by defendant, because it
had already been given by the court of its
own motion in its third instruction. Nei-
ther did the court err in refusing to give
defendant's second instruction, which declar-
ed “there was no direct evidence of penetra-
tion,’ and then invoked the rule as to cir-
cumstantial evidence. There was direct evi-
dence of the fact, out of the mouth of de
fendant, detailed by two witnesses, and this
court cannot and will not assume that both
or either of the officers deliberately perjured
themselves.
In this connection should be considered
the objection to the admission of the con-
fessions or admissions by defendant to Shoe-
maker and Cave. It will be recalled that
Shoemaker testified that, after he had taken
she prisoner off at Kearney, the prisoner
asked him if those men were hunting for
66 SOUTHWESTERN REPORTER.
him, and he told him he supposed they
but did not know. Shoemaker said to HRs
had better tell the truth about thig. =;
maker positively testifies that he maga
threats and held out no promiseg to def,
ant to obtain a confession. The defen
was put on the stand in his own behalf, ai
instead of testifying he had made contass:
sions under threats or promises, denled‘thag
he made any confessions whatever; piyt:35
testifies Shoemaker drew his revolygey
him, but he did not tell anything. He pS
fied, moreover, he did not know the mob segue"
after him. Shoemaker denied that he'¢
a revolver on the prisoner. It is the settiag: sae
law of this state that a mere adjurationec =;
speak the truth does not vitiate a confesatgasG
no threats or promises being employaa’:
State v. Patterson, 73 Mo. 707; Whart:
Ey. 647, and cases cited. In order to ex, tes
the confession, it must appear affirmatiyag®
that some inducement to confess wag “he
out to him by or in the presence of :
one having authority. Rose. Cr. Ey;
Whart. Cr. Ev. § 689; State v. Patterson;
Mo. 705. <All that can be made out of 8
maker’s testimony in the way of*an-ing
ment amounts to no more than a statemeés
that he had better tell the truth, with
promise or hope of leniency, and without siy
threat. We think it was clearly admissthi
State v. Hopkirk, 84 Mo. 278; State v. Phet
74 Mo. 128. And the same rule must goy
as to the evidence of Cave, which was entire
ly free of any promise or threat.
We are unable to discover any principig<=
of law to sustain the objection to the Intros
duction of the evidence as to the finding.
the hair ornament of the prosecutrix at thy
place where she testified the assault ha
been made. It was a circumstance corroh
orating both her testimony and the confess
sions of the defendant. gon
Neither was there error in allowing t
witnesses to tell the age of the defenda
It is always competent to show the size and
age of the defendant, and the knowledge of.
the witnesses in respect thereto; and partie.
ularly is this true when the evidence bears
directly upon his capacity to commit the:
crime charged. che jury Daring, ssteea
the punishment at death, the defendant was.
punishable in the s nner and to the _
game extent as provided by law for persons _
“over the age rs
“In his motion for new trial defendant as»
signed as ground for a new trial that the
prosecuting attorney, in bis address to the
jury, made the statement that, if the jury
gave defendant a penitentiary sentence, he ©
could only be sent to the reform school on
account of his age. No objection or excep
tion was taken to this statement at the time,
as counsel for defendant made affidavits they.
did not hear it. This matter was brought te...
the attention of the court by affidavit, and -
he denied the motion on this ground, aod:
Mf a.)
correctly 80. No aff
etitement of the
made jin a low tone
. except to the-are
eyould have listen
Syown why the de‘
peeD required to s:
sane. and the prosc
jjisstatement of the
\fa. 348.
The evidence su
character of the [|
ienged. Her testi
out the slightest ex
yocating the defe
neighborhood, ridit
ing cows, about t!
saulted her, was ¢
ed gentlemen in |
defendant himself.
idence seeing her
rode along the re
ng. The evidence:
corroborated by 3
the latter testifyi
and her partially
fessions of the C
evidence of the
struck her and
purpose.
Horrible as th
to credit such ¢
sufficient, if bell:
the charge; ant
witnesses and h
timony, there is
should disregaré
ment is affirmed
law imposes mu
(
r
The defenda:
for a rehearin.
opinion we ove
prief and argu’
cireuit court fa
the punishmen
Rer. St. 1890.
this point mac
as examinatiol
the defendant
failure of the
all the law of
no such quest
unnecessary t
jon. We say
sel why we de
the point he
Me 211, 2 =
sequent case:
courts of al!
had no oppor
only ground
overruled. 4
sfo.)
orrectly so. No afflant made oath that the
eatement of the prosecuting attorney was
=e jn a low tone, and, if counsel desired
or except to the argument for the state, he
sbould have listened to it. No reason is
chown Why the defendant should not have
been required to save his exceptions at the
time. and the prosecuting attorney made no
misstatement of the law. State v. Emery, 76 |
| gers were habitually allowed to ride on freight
Mo. 348.
The evidence supports the verdict. The
character of the prosecutrix was not chal-
ynged. Her testimony was delivered with-
out the slightest exaggeration. Her evidence,
locating the defendant in the immediate
neighborhood, riding a white horse and herd-
ing cows, about the time she testifies he as-
saulted her, was corroborated by disinterest-
ed gentlemen in the neighborhood, even by
defendant himself, though he denies in his ev-
idence seeing her in the buggy, although she
rode along the road in which he was herd-
ing. The evidence of the brutal assault was
corroborated by Mrs. Boone and Dr. Sturgis;
the latter testifying to her bruised condition
and her partially paralyzed arm. The con-
fessions of the defendant corroborated the
evidence of the unprotected girl that -he
struck her and succeeded in his infamous
purpose.
Horrible as the crime, and loth as we are
to credit such a charge, the evidence was
sufficient, if believed by the jury, to sustain
the charge; and, the jury having seen the
witnesses and heard them deliver their tes-
timony, there is no reason why this court.
should disregard their verdict, and the judg-
ment is affirmed, and the sentence which the
law imposes must be executed. All concur.
On Rehearing.
(Feb. 25, 1902.)
The defendant by his counsel has moved
for a rehearing on the ground that in our
opinion we overlooked the point made in his
brief and argumeut at the hearing that the
circuit court failed to instruct the jury upon |
the punishment prescribed by section 7759,
Rey. Z o. é did not fail to consider
this point made by counsel; but, inasmuch
as examination of the record disclosed that
the defendant saved no exceptions to the
failure of the circuit court to instruct upon
all the law of the case, his appeal presented
ro such question, and hence it was deemed
unnecessary to embody the point in our opin-
jon. We say this much now to advise coun-
sel why we do not enter upon a discussion of
the point he made. State vy. Cantlin, 118
Mo. 111, 23 S. W. 1091, and numerous sub-
Sequent cases. We cannot convict the trial
courts of alleged errors which they have
had no opportunity to correct. As this is the
only ground for a rehearing, the motion ts
overruled. All concur.
FEEBACK vy. MISSOURI PAC. RY. CO. 965
FEEBACK y. MISSOURI PAC. RY. CO.
(Supreme Court of Missouri, Division No. 1.
Feb. 19, 1902.)
RAILROADS—COLLISION—TRESPASSERS—LIA-
BILITY FOR INJURIES—NEGLIGENCE.
1. Where deceased was a trespasser on a
freight train when killed, and was hiding be
tween the cars, it was proper to refuse evi-
dence, in an action for his death, that pussen-
trains with the knowledge of defendant's em-
ployés.
2. Where a petition for wrongfu)] death avers
that persons were carried on freight trains with
full knowledge of defendant, it is proper to re-
fuse, as irrelevant, evidence that persons were
in the habit of riding, without objection, on
freight trains, regardless of defendant's rules.
3. Where deceased, when killed in a collision,
was a trespasser on defendant's train, and the
collision was the result of careless conduct of
the engineer on one of the trains, defendant is
not liable for negligently causing the death,
siuce such engineer violated no duty owing to
deceased.
Error to circuit court, Cass county; W.
W. Wood, Judge.
Action by Lucy Feeback against the Mis-
souri Pacific Railway Company. There
was a judgment for defendant, and plain-
tiff appeals. Affirmed.
Plaintiff sues to recover damages for the
death of her husband, who was killed in a
railroad wreck caused by the collision of
two freight trains owned and operated by
the defendant. The accident occurred at
Adrian, in Bates county. The petition avers
that it was the custom of defendant, its
officers, agents, and employés, to carry “‘pas-
sengers and other persons on all its trains,
including freight trains, and that on this
occasion the plaintiff's husband was on the
freight train that was wrecked, “with the
permission, knowledge, and consent of the
defendant. its officers, agents, servants, and
employés,” for the purpose of being carried
from Butler to Harrisonville. By the plain-
tiffs evidence the following facts were
shown: These two freight trains were to
pass each other at Adrian. The nortb-
bound train had the right of way, and the
south-bound train, arriving first, switched
|. onto the side track to clear the main track
for the other train, which was due. After
passing onto the side track the engineer in
charge of the south-bound train stepped
off his engine while it was moving, and went
towards the depot to get his orders. The
fireman was on the train, but whether be
knew the engineer had left it or not does not
appear. It was down grade, and the steam
was not shut off, nor the brakes set. though
the train was moving slowly. While the
engineer was walking towards the depot,
one of the witnesses said to him. “The
fireman don’t know you are off,” to which
the engineer replied, “He does.” But wit-
ness repeated, ‘“‘He does not.” Then the
engineer said, “Let him go to hell, then.”
But when the engine reached a point with-
s
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ed upon a=
cial judg-:
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es not rene 2
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render the
red by the
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tter is still *
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ule “may be
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ale.
shesher the
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ot set aside =,
erms. The
it plaintiffs
ion of this
cigmecfend> -
d epses,
“hapa coa ae Aa 4 fiat
m3 ype thd ely ee
whim BRB ay
. gre Adecco pi 3
SE EN
a % b a wohin &
e would reconvey said property to plain-
fs. but he bas refused so to do”; and it
gurtber offers to pay Lepp “the amount of
money bY him bid for said land, or so much |
f as will be necessary, in addition to |
$146.57 {which is the balance of the |
the sheriff’s sale after |
|
|
paying the judgment, interest, and costs], to |
|
|
if b
yal the amount of his bid of $190.” This
ie pot 4 direct averment of a tender in its
jegal sense,—that is, an offer of the money; |
put it does allege and offer to pay the |
amount the defendant bid and paid for the |
jand, with all his costs and expenses, and |
that the defendant refused the offer, and it
renews the offer, and this is all that is nec-
essary in equity. Whelan v. Reilly, 61 Mo.
soo. Andy even if no offer was 50 made, a
court of equity has power to impose the |
terms upon which it will lend its aid, and
would require the amount paid to be refund-
ed as a condition precedent to granting the
relief. Kline v. Vogel, 90 Mo. 239, 1 S. W.
33,2 S. W. 408.
it is further contended that as the sheriff,
who has possession of the $146.57, balance
aforesaid, is not a party to this action, the
court cannot order that sum returned to the
defendant, or the plaintiff, or any one else.
But this does not impair the power of the
court to set aside the sale, and to require
the plaintiffs to reimburse the defendant;
for the court could impose those terms upon
the plaintiffs. and it would rest with them
to produce the necessary amount of money.
If the funds in the hands of the sheriff
were not available to the plaintiffs, for the
reason given by the defendant, the plaintiffs
would have to get that amount from other
saurces. However, a8 this case must be re-
tried. the plaintiffs should be granted leave
to amend by making the sheriff a party de-
fendant. if they are So advised.
The cireuit court erred in sustaining the
demurrer to the petition,
is therefore reversed, and the cause remand-
ed to be proceeded with in accordance here-
with. All concur.
Va7 Io TSF
STATE y. ARMSTRONG.
(Supreme Court
Feb. 4, 1902.)
RAPE—GRAND AND PETIT JURY—INDICTMENT
— EVIDENCE — CONFESSIONS — ADMISSIBIL-
ITY--INSTRUCTIONS—REMARKS OF COUNSEL.
1. An indictment for rape. arerring that de-
fendant did “in and upon T. unlawfully, vi0-
lently. and feloniously make an assault, and
hor the sald 2. ten and there unlawfully,
forcibly, and against her will did ravish,” suf-
ficiently charges that T. is of the female sex.
9 An objection that an indictment, indorsed
“John L. Clark. Foreman of the Grand Jury,”
was not indorsed by the duly appointed fore-
man, was untenable, though in the transcript
sent on change of venue j
the record state that the “court appoints John
L. Calrk as foreman,” where the full entry of
the impaneling of the grand jury showed that
John L. Clark was duly summoned and sworn,
66 S.W.—81
the gy hbo Lape She
STATE vy. ARMSTRON G.
Hallm,’’ as his name appeare
on change of venue,
ged, and sworn, was untenable, where the rec-
ord showed that Charles Hall was
moned, impaueled,
| that no such person as
ever a member.
the following day,
| jury at any time.
and its judgment |
|
of Missouri, Division No. 2. |
the typewriter made |
961
and it appeared that no such person &8 “Calrk”
was a member of the panel,
cited that :
examined aud found to be indorsed ‘A true bill’
by the foreman, John L. Clark.
and the record re-
the indictment was “by the court
3. An objection that the grand juror “Charles
din the transcript
was not impaneled, char-
duly sum-
charged, and sworn, and
“Charles Hallm’” was
4. It was not necessary to swear the jury to
try the case before placing them 1n charge of
a sworn officer, where
made that they were guilty of the. slightest
impropriety, and there was no separation of the
5. Under Rev. St. 1899, § 2629, providing
that, when the argument is concluded, the jury
“may retire under the charge of an officer, who,
in case of a felony, shall be sworn to keep
them together,” etc., the special oath need not
be administered to the officer at the time the
jury is placed in his charge.
g. A 16 year old white girl was overtaken by
a young negro, who demanded a dollar from
ber. She said she would give him everything
she had if he would leave her alone.
tified that he dragged her from the buggy, and
struck her in the face, etc., and that she be-
came unconscious. When she regained con-
sciousness, she found her skirt down and her
underclothing torn.’ Neighbors afterwards
caught defendant, who was identified by the
girl as her assailant. A doctor testified that he
found the girl considerably bruised, the hymen
absent, and menstruation preseut. The girl tes-
tified to a soreness never before experienced,
but could not tell whether penetration occurred.
The doctor examined defendant some two or
three hours after the alleged outrage, but dis-
covered no stains on his clothing or person.
The parties who arrested defendant testified
that he had on & fresh laundered shirt. His
mother and father testified that he had not
changed his shirt for several days. Alleged
confessions of defendant were also admitted.
Held, in a prosecution for rape, sufficient to gO
to the jury.
7. A requested instruction is properly refused,
where covered by one already given of the
court’s own motion.
8. An instruction that “‘there was 00 direct
evidence of penetration,” and invoking the rule
as to circumstantial evidence, was properly re-
fused, where two officers testified to confes-
sions made by accused that he committed the
crime.
9, The sheriff testified that, on taking him off
the train at a certain point, the boy asked if a
mob at the station were looking for him, and he
replied he supposed so, but he did not know,
that be told the boy be bad better tell the
truth; that he made no threats and held out
no promises: that the boy thereupon confessed
the crime. The boy denied making any confes-
sion, but testified that the officer drew a re-
volver on him and attempted to compel one,
and that he did not know the mob was after
him. Held, that the confession was admissible.
10. A deputy sheriff testified that he asked de-
fendant if he knew he had had a pretty narrow
escape, that the people were after him pretty
hard, etc., and asked him, “‘Did you do it?” to
which defendant first nodded his head, and then
said, “Yes,” and that he did not know why he
ae it. Held, that the confession was admis-
sible.
11. Evidence of the finding of a hair orna-
ment of the prosecutrix at the place of the al-
| leged assault was admissible.
12. It was proper to permit witnesses to testify
as to defendant's age, especially where it bore
on his capacity to commit the crime.
sear ere teeee F ee RHE aee nae armen i
considering each case and each sentencing on an
individual basis and that they cannot take into
consideration the crowded condition of the state prison,
except as related to all other aspects of the individual case.
For example, Circuit Judge James L. Sanders has said he
handles sentencing in criminal cases individually,
considering such factors as whether violence and weapons
were involved in the crime and studying the pre-sentence
investigation report made by a probation officer. This has
been the general view of all Missouri judges as expressed
at various times.
Circuit Judge Robert Lee Campbell summarized the
views of many judges this way: ‘‘I’m getting extremely
reluctant to send some offenders to Jefferson City, but
there is really nowhere else to send them.”’
How does it look to someone on the inside -- looking out
?
‘It’s funny (ironic) how fast your friends and loved ones
will abandon you when you are in trouble.”’
This thought, worthy of a philosopher in an ivory-tower,
is actually the view of a former area resident now confined
to the Missouri State Penitentiary in Jefferson City. He
expressed the thought in a recent letter.
The letter continues: ‘‘My wife filed for divorce three
days after I was arrested (for burglarly) and nobody would
even talk to me about making my bond. I think my wife
filed for divorce more for face-saving than loss of love,
although there will never be anything between us again, I
am quite sure. You realize the embarrassment she went
through, especially in a small town. I often wonder what
would have happened if I had been innocent.’’
The letter-writer indicates that the property he stole was
returned to the owner and he returned the money to the
person who had paid him for the stolen merchandise. He
concludes that it cost him $16 to come to prison, since that
was the amount of the court costs.
He adds: ‘‘This does not include the loss of wife, kids,
home, and everything else that I was striving to achieve.
Also, the emotional impact it has had on me and my
friends.”’
He says one reason he’s in jail is that he started to drink,
and that led to crime.
He adds, however: ‘‘That’s no excuse. Don’t get me
wrong ... It’s hard to put everything on paper.”’
Reading matter is limited in the quarters where he is
now assigned, he writes. ‘Mainly Reader’s Digest
Condensed Books and English spy stories are available. A
few paperback westerns are around but hard to come by.
There is a library available in the main prison. I have
learned that TV sets are for sale and plan on buying one.
Thank goodness, I do have a little money.’’
What about the future ? (He says he is serving a
two-year sentence.) ‘‘I doubt if I would ever return to my
hometown to live. I will be there from time to time to see
my son, but nothing permanent.’’
Just another number now in a huge, impersonal prison,
his conclusion as to his future may well be summarized in
those final words: “* nothing permanent.”’
But, then, isn’t that true for all of us ?
MRS. LOUIE ADKISON REPORTS that she has almost
recovered from the illness resulting from being bitten five
times by a copperhead snake over five weeks ago. She and
her husband were hleping put up hay at the Raymondville
farm of her son, Dewain, and Mrs. Adkison was walking
across a field there.
She reports: ‘‘Apparently I stepped directly on the
snake, because I looked down after the first bite and it was
coiled. It struck five times very quickly. I never did faint,
but I sure was scared.”’
The pain extended to her hip and even now has not
entirely subsided.
There is a general belief in many areas that the
kingsnake, which has no poison fangs, can kill any
copperhead or rattler. And I have heard some Shannon
THE OZARKER, No. 66. Page 7.
County pioneers claim that the kingsnake is not affected by
the venom of a rattlesnake, because it eats rattlesnake
weed as an antidote.
The story goes that every time a rattler bites the
kingsnake, the latter hurries to a nearby snakeweed and —
nibbles off a leaf or two before returning to the fight. Of
course, the kingsnake always makes sure that this weed is
growing within easy reach; if the rattlesnake weed isn’t
there, I am told, the kingsnake will not fight the rattler.
Ten years ago several Bunker residents conducted a
scientific experiment in an effort to find a conclusive
answer to the question as to whether a kingsnake can kill a
copperhead.
The Bunker kingsnake, when placed near the
copperhead, did nothing; and neither did the copperhead.
After swishing around a bit, they went their separate
ways. The scheduled snake fight never even started as the
two snakes demonstrated that they would rather swish
than fight.
If some rattlesnake weed had been around, one observer
said, it might have been a different story. The suggestion
was later made that the two snakes be invited to fight near
some rattlesnake weed, but nothing ever came of it.
TWO CAVES NEAR EMINENCE have been suggested
as possible future fallout shelters in the event of nuclear
war upon the U. S.
The suggestion came in 1962 from the Missouri Civil
Defense Agency. After a study of the mine shafts and
caves that could be used in an emergency the caves near _
Eminence were two of the locations suggested by the
Agency.
An artists’s simplified version of a map of a portion of
Missouri indicates that one of the caves is west of
Eminence and the other cave is northwest of the
community.
All of the possible natural shelters suggested by the
Agency have more than 30,000 square feet of usable
space, adequate to shelter 1000 persons.
Some other suggested caves are located in the area of
Fort Leonard Wood, Sullivan and Bonne Terre.
Recently, the Pentagon has announced a new Civil
Defense Program involving crisis relocation and flexible
response.
Crisis relocation would involve the moving of large
numbers of persons into caves and mine shafts.
Flexible response means one for one, or an eye for an
eye. It means that if the Soviet Union destroyed an ICBM
base in this country, the U. S. would destroy one of the
Soviet Union’s ICBM bases. And, for example, if the
Soviet Union bombed Chicago, the U. S. might bomb
Leningrad.
A recent study by the Defense Civil Preparedness
Agency purports to show that 70 percent of the population
of Missouri could be sheltered in caves and mine shafts.
One problem: how to get people into the caves or mine
shafts in time to avoid the blast or its fallout. The
government agency says that it is working on the problem.
If the two Shannon County caves near Eminence have a
capacity for at least 2,000 persons as the Agency indicates,
it’s obvious that a comparatively large percentage of the
area’s population could be accommodated in those two
caves.
one question remains, however, 30 years after the
bombing of Hiroshima: How do you get to those Shannon
County caves just before the bomb goes off ??
THE DEATH OF JOE R. HINDS last Thursday brings
many personal memories.
Mr. Hinds helped to organize the Howell-Oregon
Electric Cooperative in 1939. He was the first manager of
the cooperative -- established originally through the Rural
Electrification Administration -- and continued until his
retirement in 1968. He also helped to organize Sho-Me
Power Corp. and M and A Electric and was a Board
Member of both corporations. He lived on the family farm
near Hutton Valley in Howell County his entire lie.
I first met Mr. Hinds twenty years ago. I had just moved
from Santa Barbara to Shannon County and I had written a
letter to the Howell-Oregon Electric.
My letter was a letter of mild complaint.
I was not complaining about the rates. And I was not
complaining about the service. I was objecting to some
aspects of the publication issued monthly from Jefferson
City: in the name of Howell-Oregon, and sent to the
members of the Cooperative. I objected to having the cost
of the production of this printed material added to my
electric light bill.
Within a week I had forgotten the matter. That’s why I
was surprised one beautiful morning when I answered a
knock on the door and was introduced by Carl E. Chilton, a
Howell-Oregon Director, to the man at his side, Mr.
Hinds, the Howell-Oregon Manager.
Iinvited Mr. Hinds and Mr. Chilton into the living room
where we sat down and chatted.
Mr. Hinds then told me of some of the difficulties
Shannon County and surrounding areas had in the early
days in attempting to acquire electrical service.
The public utilities, Mr. Hinds said, were not interested
in developing facilities in such a thinly-populated region as
ours. To many, only one solution seemed feasible: that was
for area residents to band together to develop their own
electric system; in short, to get electricity it would be
necessary to cooperate.
And that’s what the folks here did.
But it couldn’t happen by itself. Leadership was needed.
Mr. Hinds did not say so, but I soon learned that from the
start he was one of the primary leaders. I found Mr. Hinds’
story of the development of electricity in Shannon County
to be fascinating.
Mr. Hinds and Mr.-Chilton consented to remain ‘for
lunch and afterwards we adjourned to our screenhouse and
there we spent a large part of the afternoon while Mr.
Hinds continued to brief me concerning the development
of Howell-Oregon Electric.
Just before he departed, he said, ‘‘If you wish, we’ll
take your name off the mailing list for our publication.”’
But,’’ I said, ‘‘I’ll still have to pay for it through my
electric bill.’’
Mr. Hinds smiled. ‘‘That’s true,’’ he said.
I said no more.
For years thereafter I continued to receive the
publication and continued to pay for something I didn’t
want; but I wasn’t complaining about it.
For as I saw it, I had nothing to complain about. I came
out ahead. Because if it hadn’t been for that publication I
might never have become so well acquainted with Mr.
Hinds.
This is a small matter, I suppose. But I submit that it
revealed an admirable insight into the character of Mr.
Hinds.
For how many top executives of business concerns
would ever bother even to have a secretary write a letter in
answer to mine ? And, yet, here was Mr. Hinds spending
hours with me personally to help me to understand some of
the history of the Howell-Oregon and some of the reaons
for its present policies.
When Mr. Hinds retired from his position as Manager of
Howell-Oregon in 1968, I was honored when I was asked to
present a verbal tribute to Mr. Hinds at a banquet
scheduled to be held for him in West Plains.
Unfortunately, bad weather caused the cancellation of that
‘ IK nD
idad . As
banquet and I was never able to present that tribute.
Later, however, I did present an extended written tribute
to Mr. Hinds in an issue of THE OZARKER.
The last time I saw Mr. Hinds was at a meeting of the
Howell County Historical Society, where I was a speaker.
We didn’t have a chance to chat for more than a few
minutes, but I was happy to have another opportunity to
tell Mr. Hinds of my admiration for his pioneer work in
helping to bring electricity to Shannon County and of my
admiration for him as a man.
And I know that many times when I turn on a light in my
home in the darkness of the night I will think with affection
of my friend, Joe Hinds.
WALL STREET HAS PAID SCANT ATTENTION, but
several uniform-makers -- including Angelica Corp. --
have fashioned growth rates that are more stylish than
many glamour companies.
Angelica’s first quarter profits dropped to 17 cents a
share from 18 cents, on a $600,000 decline in sales, to $224
million. In 1974, the firm netted $1.86 per share, on
revenues of $81.4 million. But Angelica’s chairman,
Willard Levy, while uncertain as to whether 1975 profits will
attain the 1974 level, believes results in the final quarter
will set a new record.
Angelica Uniform, Division of Angelica Corp., has
factories in Eminence, Summersville and Mountain View,
and has been a major employer of area workers ever since
establishing facilities here.
Angelica sells such items as hospital uniforms directly to
institutions, as well as to rental outfits. According to
Barron’s Magazine, the corporation was hit by inventory
miscalculations of its customers. Also affecting results,
albeit temporarily, is the start-up of sizable rental facility
in San Francisco this year, the publication adds.
Chairman Levy notes that some of the inventory put in
place there hasn’t been rented. Meanwhile, Angelica has
started to depreciate it and it will be written off in 12
months, and thereafter give a lift to earnings.
Angelica enjoys a good credit rating. Last January it was
able to eliminate all its short-term borrowings via a $5.1
million, 15-year loan from Prudential Insurance Co. The
Pru was lending a piece of the Rock against collateral, part
of which consisted of old hospital smocks and bed sheets,
according to Barron’s.
Says Barron’s of this loan: ‘‘That’s quite a tribute from
one of the nation’s largest underwriters -- an accolade that
few concerns in the roller-coaster garment industry have
received.”’
Only a few other publicly-held concerns are in the
uniform rental business. And so many times the industry
is mistakenly lumped together with highly cyclical Seventh
Avenue apparel trade.
Nonetheless, the records show that several uniform
manufacturers, including Angelica, boast growth rates
well above those of firms in such so-called glamour
industries as computers and electronics.
Other publicly-held firms in the business include
Kansas City-based Unitog Co., Barco of California, F. W.
Means, Superior Surgical, Work Wear Corp., Opelika, and
Blue Bell.
ABOUT 1,000 PALLETS A DAY are being produced at
the new Winona plant of Kerr-McGee Chemical
Corporation’s forest product division, according to
‘‘Kermac News’”’ -- a publication issued monthly by the
company.
Winona is one of nine locations where the forest
productions division of Kerr-McGee has sawmills.
The corporation owns 75,000 acres of timberland in
Shannon County, according to the publication. Kerr-Mc-
Gee owns a total of 160,000 acres of timberland in
Missouri.
The Winona plant served originally as a concentration
point for the procurement of ties; the sawmill produces
about 60,000 railroad cross ties a year and about 150,000
ties are purchased in Winona from other suppliers.
‘Only the hearts of the logs are made into cross ties,”’
according to ‘‘Kermac News.’’ Wood from the outer part
of the log is used in the manufacture of furniture, flooring
and now, pallets.
Slabs, edgings and trim from the mill are sent through a
chipping machine and the chips are used in making pulp
for the paper industry. Approximately 70,000 to 80,000
feet of timber is cut and processed each week at the
Winona mill.
Buford Smith, field superintendent for the Missouri-Ar-
kansas territory of the forest products division,
headquartered at Poplar Bluff, says, ‘‘It’s important to
know not only your forest, but also your loggers.”’
Pallets are one of the end-products of an operation
which starts in the forest. ‘‘At Winona, we work mostly
with oak and mixed hardwoods, such as elm, hickory and
sycamore,’’ Mr. Smith said.
Pallets are portable wooden platforms used in unitizing
various products for economical handling, storage or
movement of materials and packages in warehouses and
factories and on vehicles. Pallets at Winona can be
manufactured to customer specifications in five types.
The first load of pallets left the Winona pallet plant on
March 25, destined for Kerr-McGee Chemicals, Hamilton,
Mississippi plant; this load contained 434 pallets.
Featured on the cover photo of the ‘‘Kermac News’”’ for
April, 1975, are Lloyd Ellerman, plant manager of the
Winona installation of the forest products division, and
Robert McAdams.
Kerr-McGee is active in oil and gas production, refining
and marketing; uranium ming and fabrication; chemical
fertilizer and potash manufacturing and mining; and
contract drilling. The company was incorporated in
Delaware in 1932. Its main office is in Oklahoma City. The
company’s common stock is listed on the New York Stock
Exchange.
SHANNON COUNTY PIONEERS LIVED OFF THE
LAND -- in the true sense of that phrase. Most of them had
their own gardens; and many of them supplemented their
diet with the fish they caught in the streams and the game
they killed in the forests.
Ammunition was expensive and scarce; that meant
every hunter tried to hit his mark with the first shot.
Several pioneer Shannon County residents have
delighted in recounting to me some astounding tales about
the shooting skills of those early marksmen, and I like to
think that all of the stories are true.
Uncle Noah Handcut of Lonesome Hollow once told me
that he went to the barn to milk and saw 100 quail sitting
on arafter. Said Uncle Noah: ‘‘I went back to the house,
got my shotgun, and killed 99 of them quail.”’
I asked, ‘‘How come you got so many, Uncle Noah?’’
‘‘Well,’’ said Uncle Noah, ‘‘If you want to get technical
about it, I guess this is what you call a slathering shot; all
the time you’re shooting, you just move your gun from left
to right.”’
Uncle Noah didn’t say any more, but just looked at me
over the top of his spectacles.
Finally, I said: ‘‘It seems to me, Uncle Noah, you might
as well say that you killed the whole hundred quail, instead
of saying you just killed 99 of them.”’
Uncle Noah’s answer came quickly.
‘*Son,’’ he said, ‘‘You don’t think that Id be so low as to
tell a lie for just one quail, do you?”’
Jesse George, a long-time Summersville resident, spent
his boyhood in The Sunklands, where he lived with his
parents. He told me that his shooting eye was sharpened
when he was a boy by his almost daily hunting excursions
through the rugged terrain of The Sunkland. When he was
in the Army in World War I, he was quickly rated as one of
the top marksmen in the U. S. military, and spent a part of
his army duty giving instruction to recruits in various
military camps.
Many other Ozarkers in the military quickly acquired
; THE OZARKER, No. 66. Page 6.
reputations as top marksmen in combat. I can’t verify this
story, but if it isn’t true it should be true, because it
represents something of the spirit of the early Ozarker.
The captain was instructing his men just before a battle
in the Korean Conflict. He told them that they were
outnumbered by the enemy six-to-one. After they went
down the hill into the thick of battle, the gunfire was still
sounding hot and heavy when one of the men came back
up the hill and sat down and lit a cigarette.
The captain went running out of the tent and saw it was
Ozarks Pete who had come back alone.
‘‘What in tarnation you doing back here?’’ the captain
yelled. ‘‘Didn’t you hear me say we’re outnumbered
six-to-one?”’
The man from the hills patted his rifle stock.
‘‘Yessir,’’ he said, ‘‘I got my six.”’
OVERCROWDING OF MISSOURI’S 137-year-old peni-
tentiary is causing more than one judge to doubt the
wisdom of sending young first-offenders there.
George M. Camp, State Corrections Director, reports
that inmate population in the penitentiary in Jefferson City
has reached 2,000 for the first time in more than 10 years;
prison capacity is 1,539 inmates.
The 17 murderers behind Missouri prison walls during
the 1972-73 period give statistical proof of one of the
dangers some inmates must face.
In one case early this year, Circuit Judge Winston
Buford of Eminence voiced what are likely the sentiments
of many other Missouri judges when he expressed regret
at the necessity of sending a youthful offender into the
chaotic prison atmosphere now prevalent.
Said Judge Buford to one young offender: ‘‘Because of
this turmoil, I regret having to sentence you, but it is my
duty to do so because of the evidence against you. I urge
you to observe the rules of the prison and to stay away
from those gangs.”’
The youth sentenced by Judge Buford had originally
been placed on parole.
At that time Judge Buford had told him: ‘‘Don’t get into
any more trouble. If you do, I will have to send you to
prison. I don’t want to send you to prison. I don’t think you
belong there, and I don’t think you would last long there!’’
After the youth violated his parole, the prison sentence
was given.
St. Louis County Circuit Judge William M. Corrigan
said he has ‘‘an ironclad rule’’ that any offender placed on
probation is sent to prison if he violates the terms of his
probation. Recently, a youth who broke probation on a
drug conviction - his first offense - was sentenced by Judge
Corrigan to five years in the penitentiary.
Another judge - St. Louis County Circuit Judge James
Ruddy -- has added his voice to the voices of other judges
who are reluctant to send youthful first offenders to the
state penitentiary -- because of the overcrowding.
Judge Ruddy said an adequate job of rehabilitating
prison inmates is difficult because of the overcrowded
conditions.
Judge Buford has said he favors probation over prison
whenever possible. He expressed his views some time ago
in an interview with the ‘‘West Plains Daily Quill.”’
Said Judge Buford: *‘Do you try to keep that boy on the
street, working and paying taxes and under excellent
supervision, or do you send him to the penitentiary?
‘‘In my opinion, most trial judges in Missouri are trying
to give the young first-offender a break by placing him
under supervision. I am behind that idea.
‘*According to which set of figures you choose to
believe, it costs a minimum of $2,500 per year (to keep a
man in prison.) If you count such costs as maintenance of
the physical plant, it is probably close to $5,000 per year.”’
But, Judge Buford said, dollars and cents savings are
not the most crucial aspect of the dilemma. The chief
problem is how to rehabilitate the offender, while at the
same time protecting the community at large.
Although all circuit judges recognize the problems
involved, they agree that they have the responsibility of
ly
Hi
Wide es,
/
Sar | EE a
GEORGE WATSON
celebrated his 71st birthday anniversary on July Sth by
conducting a display of shake-cutting for Shannondale’s
Craft Show.
Mr. Watson has long been known as an artist with an
axe. He says he’s had an axe in his hand a good share of
the time since he was 10-vears-old. He used to like to drive
his team into the woods and hew out by hand a load of ties.
Mr. Watson hewed the rafters in the George Hellmuth
home at The Sinks. Currently. he’s constructing a wooden
mantelpiece. And he has a son who wants him to make
some shakes for a shelter he is building at his home.
Mr. and Mrs. Watson observed their golden anniversary
last April at a celebration at Round Spring. They have 48
grandchildren and 12 great grandchildren.
WHY ARE MANY PHYSICIANS reluctant to establish
medical practices in rural areas ?
Lack of back-up medical facilities; isolation from
professional contacts and continuing education centers;
objections of members of the family -- all of these have
been given as reasons by some physicians for their refusal
to leave the city for the country.
Winona is one of eleven areas in Missouri designated as
medically understaffed by the Public Health Service.
Currently, the Service pays an annual salary of $18,500 to
the resident physician there.
The Winona Clinic is housed in a ranch-style house,
remodeled in part by the local high school carpentry class.
During the last year, a Winona firm contributed a new
cardiac fibrillator to the Clinic. Another firm paid for the
installation of central air conditioning. The value of each
contribution has been estimated at $2,500.
Dr. Michael Laseter, the physician now in attendance at
the Clinic, says he plans to leave next July when his
two-year voluntary commitment to the National Health
Service Corps expires. If the Health Service cannot find a
replacement for Dr. Laseter, the Clinic might be forced to
become a satellite of the St. Francis Hospital in Mountain
View, officials say.
ECHOES FROM THE PAST: The majority of Shannon
County’s voters often vote the Democratic ticket in
preference to any other, the records show.
Why ?
One reason can be found in recalling the area’s history.
Shannon County was largely settled by lowlanders from
Tennessee and Kentucky, whose sympathies were with the
South during the War Between the States. That meant
that their sympathies would also be with the Democratic
party. As a result of this, most area residents were
traditionally Democratic and most elections in Shannon
County and the immediate area resulted in majorities for
the Democrats.
The western Missouri Ozarks, however, were settled
largely by hill folks from eastern Tennessee and Kentucky.
These people were pro-Union during the Civil War and
were inclined toward the Republican banner thereafter.
This settlement pattern of the south Missouri Ozarks is
illustrative of all Border States. These states are neither
North nor South, neither Bourbon nor Yankee, but partake
of elements of both. Essentially, they are middle states.
THE IRISH WILDERNESS should be considered as a
prime candidate for permanent protection under the
THE OZARKER, No. 66. Page 4.
Along The
Current
National Wilderness Preservation System. That’s the view
of one writer as expressed in an article in a recent issue of
‘Missouri Conservationist’? magazine.
The Irish Wilderness is a 327,000 acre area in the Clark
National Forest in eastern Oregon County. The federal
government bought the tract in the 1930’s and included it
in the National Forest System.
Irish families from St. Louis, under the leadership of
Rev. John J. Hogan, were the first white settlers in the
area. Rev. James Fox, of Old Mines, Mo., donated a tract
of land in the area to Rev. Hogan for the purpose of
providing a living area for the displaced Irish. The settlers
built a log house. 40 feet square and divided into two
sections; one section for a chapel, one section for the
priest's residence. By 1859, about 40 Irish families lived in
the area. But the Civil War brought an abrupt end to the
settlement. Residents were conscripted by the North and
the South. And both the U.S. and Confederate armies
alternately occupied the community. The result was
eventual total destruction of the settlement, and the end of
Father Hogan's dream.
Now the Irish Wilderness is being re-discoverd and is
being acclaimed by nature-lovers as a place of haunting
beauty and natural charm that is worthy of preservation in
the midst of an increasingly mechanized world.
Father Hogan's dream of an area where people could
free themselves from the corruptions of overcrowded cities
is still possible as it becomes increasingly obvious that the
Irish Wildernevs can, indeed, be a haven and a refuge in a
center of beauiy and hope.
THE CURRENT RIPPLE: Recently, in a conversation
with my friendly, neighborhood banker, I used the phrase,
“...you know..."", whereupon my friendly, neighborhood
banker interrupted me to say, **No, I don't know. So don't
say ‘you know’ "'
I apologized. He was right. I was another victim of the
‘you-know’ virus. That's when a speaker constantly inserts
that often meaningless catchall phrase in almost every
sentence he utters.
I had hoped that I was immune to that disease. But now |
too am inserting that phrase between words to try to hide
my lack of original thinking.
Another time I opened a conversation with my friendly,
neighborhood banker by asking, ‘‘What’s on your mind?’
Whereupon he replied, ‘‘Now that’s a foolish question.
You don't really want to know what's on my mind.
Furthermore, if I told you everything that’s on my mind,
you'd need to listen to me for a week; and I am sure you
aren't that interested."’
Now, whenever I see my friendly, neighborhood banker,
I try to limit my opening remarks to a brief ‘*Hi,’’ - without
a ‘“‘you-know’’ or a ‘‘what’s-on-your-mind’’ phrase
intruding. But every time I say ‘‘Hi,"’ I’m gripped by the
fear that his response will be, ‘‘How high?’
Despite this, during some brief moments I have hopes
that my friendly, neighborhood banker thinks well of me.
For example, last Monday he said to me: ‘‘You are a
very modest person.’
Then, after several seconds, while I was toeing the dirt
and trying to think of a suitable response to this rare
compliment, he added: ‘‘But, then, you have a lot to be
modest about.’’
Sometimes ....you know ... I can’t help wondering
what’s on his mind you know.
i ely CLEC i eter
Crile at lve! 1; } 4, bayer lin ne
ten tO me over Limes Since Phave beer
y hn Jail,
“DT pave been a will aad reckless
Inay tine, Ddon't wenn that Tey ;
panytiving tut |
Jand been in
Ihave been «
man
JV ptole
Have gambled and dean
Innay o Cebit, aredsines T[
ruveriod bein ace Low much
jofteribhistebe wend of God. But 1}
wove to bid you aod vight. a8 4
mURoe tobe proyviow to desis right nowel
We shook hinuds with the condemned,
Man promird ig te
worming
see Lire ayealy tlic
wred del Hiya,
teh S Sole
ia
Ranks liihievtowidicches Statement,
Phe Srak reporter cilled on Chae.
Binks, yerteraay and obtained his
sistement ins reenrd to the billing of?
Palmer. It was as follows:
{came to Sedaica about 80 dnys or
inaybe « litue longer, prior tothe trouble
with Palmer. In course Of two or!
three days inthe ci y I visited the crap |
den on Mainstreet owned by Jim Phise j
and John Davie, both colored. After |
the first visit I was a frequent visitor!
there and wenerally spent all my idle
Aime there, pleving — cards and
“shootity dice I became aequainted
with Pulmer soou after [ firat went into
the den. We vever did get along well
togetuer, Palmer was big bully always
trying to oVeride some one aod snatching
up the pots OW the table We never
bothered me mock upul the Gay before 1
shot him Tle tried bis bla game on me
hod Lteld bim it weiQd not work. The
day of the killing IT was ju the den sever)
times before T shot
the
Palwaer, and Palmer
| Was also there We tpabae troatie unl
Palong do thes fieracom sdbe die te f pest
!
Phaubeo cian eu We fad sulte wots
with each’ other, Palme? was alitiiee ata
card table and J was standing or rather
leaning sgathst a pool table, This tubie
was between myself and Palmer. Vinally
he got up and eaid I am tired of yen G--d
d-o blunting and started towards ine with
his hands tu his pockets. [was then on
the north de ofthe table, Palmer bad
gfolto the torthweat side of the tab'c
when I drew my revolver and told him
lostop. Be kept comin toward me and
enid “Pat vp that guy,” J euid “Not unti
you take your binds oulef your pocket’
T honest!y Sclieve he intended to kill me
aud was bol going to be caught napping. -
fle stl kept coming aud I stil kepil
|} backiug off. When he got within abouts
}ewo feet of wed thought it) was about |
lime ta du'“spnvetbing or else pet the
worst af ikgo Lshoved iy piste) ta his!
free re! bret’ Vooen bo teabized what [1
had done T pu. my | Pistol. pp laod can out
ot the buiyitng throng tack doer
isto the yard, warae red around behind
the buildings for abewt hia foan hour!
the
tj i i“
eget btett is Het tat vf 1 ’
hyd i Bib idee | ener ee
tt Vhs ' { i ’ ' . {
. " Parebahiry tet Wadia lAlabcaty i te Pei wet hs i '
rp figtne Wing itty I $4 J
9 ' US, Heise Low by | Wenge vit vt fie ‘ it ont tot
ite te F { i
| " F olf Wisi ! Ly phat fs 1 pel W's ’ + A t & nel ‘
| baw ae ey Wes the peyt PRK ia wa hota
‘ .é , ’ P| } , | ;
[i pon Ne weds eplted Tank fase nade he eee ith
‘only J Qa vy Chop yotseter Vette absaenens 4 cory data fone
' / Pa
the spazhts. he bie ‘ Lae i | 1
oF wey 9, * . ol te Goce bast mromoved wry ae | i 7
cht tive tes ee eon d Comuiated my 1 '
foes dead pees " t+ LE ete | "
i . 4 F y ‘ \ ee ara | tl t
nwt feos d Jitiegth bu Ube penis: Here hes + * Paar, '
| a) { _ Nar ‘ nies af { dic i \ i
Peeh@s yf fee Tet ewe toreptid Make iia wis
ah - eurntanmy ta Ud Worked about as on
THaSti® dae Coos es lien the conden dny laborer aid \
be { gar $ ods } eve Creu
ped man whs vers yeathes wod wonld shice ae
' to bis wat stitnaest dee tect heen prj “4
| around imadreray vorteflmeanoer dhe several times |
: ; SCVer! Wes pay Pith! apd) ome tere
emotes almost em conti and while stenting: He | ‘
: bal $ . . wt ‘> ie erd titoat is wie 1
Dalhioge dean ao Vesa tha tea tims
eno tered off witty a dad Heer mer y
frome an eup of Water tes tact sitting Gina obi. dk ai .
eas DOEVEP WAS Sent fo Pome ay oor reve
finble in dys ewll. Be ae .
ie * oe ; Rilled apy otter ronan except Patin X
Thecuso liad aepeta.o of is sieter whieh seat ; ‘
e _% : , P was testified to pr meen mare) aly
PLe picks up omdbtowks ot very often. : a ot '
coon — : rSOon, Mawitness forthe stote itpom Pox
Bas dant tecqaer b } Barks traveled to roweh two or tine
: states mud tied | Seid
T wart to reqgest vou to thank the Pe ee Ce: a
; . . , . lhe montinot dry ‘ \' ; re
people of VY pense oes for What thev | : , "s In Re .
. 5 aa ee i Iwas not knows 3 Kon ' :
nave Gore for me, God tless thems both { . ath bai ‘ Mi ies gh
| ae Pe : ’
: . finostof | med 24 ea pe ,
White and biscese “Phey have done. all | eter aude diel “thet, wae
.- ies shooting dem as 7 ' }
they conld to rye. If suen colored pee 1 ing dem sane mes of oa n
, \: Pt ‘tar ecbauraneteria tle ej \ ,
pple bad lived ipdedaliagh never would eb er yr | lis father nw
. p yy pe Are Tet hy 3 <'t ) ,
juave been in this wonbie, Calo wich fo peat es re REE He a :
. “phe 3 ;er and sister $i}
| thank Shera) Coiltus and tis deputy Bis! in sap rh latoe ° PN AA
ee : They Were oware « the
Caldwell and their wives for the manner | yo aetee. Bs RE NP ,
i ' resvndtina Bands ond hi
in Whieh they beve ftrented me. My g ROP naba ae FART. dered Lbs), Heptet leet, eevee
Saas wk — \ 4 ee Phave Gomme te the Pape death ow }
every reque:nt bas been granted, and Mrs, | aye
| Critsey, God bless her, [L know she is sed not lo dasa hs ile "
. . aS he said it wou ed og
one ol the best wettues Gnoearth; sue hos jas he sai ca : idle, ‘
: . ra F i l hse Litwaos ' i | area
pald me visit sfter Visit since my contine- pia ee he ee :
; ; ; nicl aj anerriet pees < ’
ment here oad sent me ous or the bible ee aie ei
_ Pee tear pe ty ay Ek Mee aay oh eae ave ‘
fand wave me words of cheer. Lb or visits o FY HOUURNG teh be ae SEBO Ba. Tc
!
'were tke aray of sunshine to me. J } bin. “4
feantloumeke this ttutemenutan she gallows, | The M r px
; : 4 we, ‘dered Mia he Pater
Lrhecduty Uedpe tint ankes hye feel baad ES ta ne dike Patnver,
Pe tat Thave consent sotnich on uble teu Tke Palmer, the necro wha was mi:
hee per bes Ohoosba ge , dererty Chad Puke Velo cman
| mar cue! tet labout 27 yeard ot aveccte Was awell WL
; Ob, yes, there ia one other think I we
would ike apd thatis thet my body be poe uf ee is ter aii tate Wned €
senttomy brother and sister vt Calvert, Bh Filed TE SR OEE ROM SS eae ae” Vane
fexas, But if this cannot be dow I Pexton, theek Teypped, and vere heen
wantto be buried among good people! Ile yeneraly Wore a smel! mustache aod
jand ina white sarah eh Was avery pood locking specimen of iis
as peer, LE Bada very bad reputation in
A Delus ioi', | Susie ia eindhacl rewaladera Ur ie ete
Yhe condemned mea has been rests) SOUTH Stig penit)entiony fer shooting oa
ing under a deluston far vec jest few taanin the semerin den where beret his
days thatthe Sherfl bad ne right te diane | Pate. the Wasi daly ainongst Gis asses
him Welle he received word fiom the. Cimfes amd cid aboutus he plensed. ble
Goveryor. Me had beem teld tats by 4 Wars Coneideroa tae King bee “eri shoot
some cf Wis colored’ felends nied Hemiive er da soda aa las often beew sna
believed ilulthe Ugh duforwed Gy Cae sbete | Toei when mavone (faba Bataan om te
iT that be would linve to Garry ont thee. warps on tides ye Pats niwuse cot the
lder of the Gourts tinless (ue Goeveruor ine! stu aed it ie eta autowin ab oaade he
{ : ) '
lterfered to save loi, se 3 Wok saatet pootb ot) table ata wolk
\ ef) wati t yet Petaltetech beg aremer
i]
The Coudemned Mau Baptised. © | Cally pull diveaa eb ted dee meatter
. . é then aalthere, Atter baiks ortised iu
Banks waa baptised at 10 -relock this |! ecinal eh . re ;
4 ‘ Sob Wee WS NDOT te Ub gerber
‘ ’ yrs Pe etre |
morning by Reve Go YY Dorsey in ; .
Haag y } Plo the kilt. Poder dostanuch of his
plas? Chrare fh,
colored BS
Ilenting thatie waa to come olf, & large |
haa teed
cowdef people, both whirg and colored, | ‘ ’
ee
PEWEE OVET THO Ot er idea tees
‘
mee ‘
ns tbe
a Re
p)banke tee cat
Lo ve™
he
Foray SC
~*,
¢
Murder had Oeeu Goma
this thie U
fyaende
a ee on ye Ce Ca
‘ e AV Waid! | shod atthe drop of bh
tte
Mistery of the Crime,
Qa theatlernoon of Napiuat 24, 1602,
{with the
spo uoeetent! that apenioer cold blooded
tte eed foScdrlaweregtarties
icd ta their city,
ew yeetiaa optke Palwer, a?
betorioids copoped tough and pumbler of
Vint «ily. "Phe morderer wns
Chas.
Pronas, woother colored: mina wae bore as.
neo reputation dip the community ag
Paimer The crime was conunitted in a
Main street
owned bY JanVhise sud dobu Davis, two
Chop shootin den’ oon
eolored ayeu, This plees thas a tough
nome do Sedatias macy a ettlins cocurred
pepe and mary w poor tian bag, lost jos
estat by he skid game wotlng on at all
boursol he day ane uisit bbe history
ef twee hitive ona told by the
pros cHt Gs about as fothoiwes:
WIT DGSKES
Outhe afternoon of Auwust 20, 202.
tour Was osittiog in the den when
abks Walned tnand suid, oT am tired of
cr (ies Pen biakingw urcunod here ot
veoh deat you.” Plbén be toak “at
evolyer aud cocked it Piliner then
arose and rad, “UFO On hay, Danke: I
foot wart any trouble with von”
cpited, “Butd do with yeu, aud DF am
Banks
eoiog lo kdb you” With that he placed
reo gdstobasaiust Podimers head and fired,
the bat) enteatag Palmer's bead just ju
theeeontered the tease and coming ot
yen his ear, lived
‘The prstol
Waseo clove to hin when woot oft that
The powder from the ex; losion burned
iis face and bade, :
Ranks thenfran cut cf the den through
the tear door into the back yard. | He
loi behiud some boxcs there for about
if au diour when seeing that it was
beeeming tog Warm for him he crawled
thre
witeh was rurrounded by nx beard fenc:
eroit feet hieh.
{
Palmer never
Intnute afier hewas shot,
tha hele iu. ai fenee into an yard
here he was eaptured
ewolibites later by Shamil DeLong
(todusedan the Vetus county fail.
The Trial.
Danks was brought for trink in the
criminnl courtef Pettis county at the
December term is. tis lawyers Whit-
no& teintmer of Sedalia, made appli-
finn foro charge of venue to wis
county, which was granted by Judge
raAbel,
» becuase Wasealled at the Apel term
‘«riminul court of this county. ‘The
fons sanade strenious efforts to have
eoonse continued tll the next term,
Paportant
jinpesses were missipg aud tbat a great
Ldepended on ther testimony Jnadge
week in which to
roure these witnesses, which the defense
forted te doa tie Tactoe ordered tha
hie’ twa oof thebr mest
Ryland guve them .
a
Prosecuting Attoroeys Honan ef Pet |
tb. eonnty and Tf, C. dlornbuckie of this |
My representcd the state white Whiter it]
PS Vets meref So dida looked after the |
|
They were
ite agile af the owe
Phe Jj
reluraed
devree,
Ae
be hang
Cutbou ¢
of execution uotil eaevappeal eomld be
taken
dove aud on Nov gt the Supreme court
alicmed the deaision “of the lower court
and fixed Dee. 29 asthe day of exccu-
Liou,
pve nfites being cut eyvora) hours
over ich of murder io tie bret
iyinnd then gentenred Banks to
ed duly 22, 2805) but upon nppli-
Phinattorneyagranted bini a stiy
ithe Supreme court, This was
We
Tehnoon Co uv Vy
A)
- highly favored with preaching talent
Star
eo.90.) 12
The Jefferson City Tribune: Chas.
Banks, colored, was hanged at War-
rensburg,, Mo,, December 29, 1893, }
and it was supposed that his entire
bedy was buried after [tb was lowered)
from the ‘scaffold, but such was not
the case, Some one cut off one of
his little fingers after the execution
and preseryed ft intact, and the other
day {t was brought down here for the
purpose of having it mounted fora
watch charm. A Johnson county
constable was the one who brought’
the ghastly relic here, and it was ex-
hibited to several persons.
One trial will do more t@ convince
youof the merits of Dr. Sawyer’s
Pastilles than all we can suy. Ladies,
try a Sample package. Sold by J. D.
Lads & Co.
Warsaw Enterprise: Warsaw was
last Sunday. Ilder Samuel McDaniel,
of Warrensburg, at the Obristian
church, proved tbat he had not falled
tofmprove his time and has grown
intellectually and strunger in the
faith with increasing years. He was
accompanied by Rey. Quigley, a mis-
sionary collector. At the Baptist
church, Rev. James, of Holden, and
Planett, the regular pastor, were pres-
ent, continuing their interesting and |
successful revival meetings. a4
Fale 1,18 95
STAR-JOUHHAL
WARREMABURA, 0A BR,
os
yc | ; Regt , gate
si vepetic td fs tually et Fattnct dy Vin
videuce, onc the euse was unset ily
vel) tried.’ DT cannot Myold ¢ concur Eg
4
oy iis view, i “Yee dy Mieations feds nine
Mayr ine TA for’ fh colamnutation, from
by to fmpraoiment. tte denied,
‘ y
1 ie Retepec fully, : 4
r uf (Wm. Stonm
oracle tie
ae hag, Bauks has” p: aid the death
4donalty; the Murder of Iké ‘Palmer,
aas been avenged; and tue, majesty’
ean outrgved law has been vindi-;
4° vated, af : §
; ' Wader as bright skiea as ever
Aue over Warrensburg, his soul
went ont to meet that future for
Iv bich he claimed to buve made full,
Brena ation. — Bd
‘é Below will be found the full den
1 ids of the execut on and of all the,
tops loading: up to it,
bi Ho Rusts Well.
‘fanks went to sleep at about 10 o'clock
<< 8
ad rested undisturbed until about 6:70, |
¥ben he awoke, got up and went to’
mokiow, le was visited by a Sran res
‘4
ater at 6:20 and seemed to be in beitor|
sirits then when he retired for the ni au
le had a cigar in his mouth and frem 4 |
rot Clouds of smoke roned as ac ainwed
{ : ; 1 ‘ ‘
coplunally on wt. He walked from one
ead ol the cell te the otber end only
‘ .
stopped when in conversation the
Tah ih yo At
with
Fy
rn atarrer to 7 o’ciock
| Oebuty Phech® Galdvell placed ‘in bis
cell ea” 05 ay oie
| ELEGANT BREAKFAS?P
consisting of bam, beefstenk, eggs, coffee,
jelly, cake, and
oat meal, cronmberries,
bannanas. Banks smiled “and remarked
that it wase fine br&ikfast and a Jittle
nut of the
Lsital rub, He washed his
Tace in a pan of éolit! water and then
tubbing it thoroughly with a towe:, bc-
his to which he did
ample justice. é
The Death Warrant Read.’
At 8:30 Sheriff Co‘lins
the death warrant
gau ou breakfast,
to Banks
Baoks took it
read
very
comly and remarked that be wotld have
SOTRGON COUNTY HISTORICAL sociEry, ING,
} the Your A dhe ent.
thy \ ‘hg stage reel Mey
wd he Maas She nha boc blab hake avin ltanbitel AB RSA TANT AN
Liye
‘
{ ¥h ve roe eae yA *
aS avec ‘adda SEN i at
THM SCAKROLD.
tow, AD hock be ds sti smoking | throwel the south Avenen cor ia an
npd notetal ungerved. dle sent fora pute ted the stockade from the meri ide
Ledy fidcad cd tei sporty after? o’tlock seve, Smith, Dorsey, Bish: mf
and spent some tune in conversation | ake meen ee REMEETS BME. SENET
: ; bViin at the seaola,
With ber
He pave ait the hoys iv the jul good
drink
enxused
udviseonad told them
Whiteley se
never oto
‘bhat's what
| ad eve
regent des,
My dowa fs4 Wien toid thatthe Gov-
euor Wold vot coterter be satd send him
& leleyrum witug forash ort stay of ers
enthon, | 5s won ee a
AL
a. we aren uf 7
avesg wo nile uuderved aod
@marked that it was too hard to have to
go on sucha pretty day and his heart is
broken,
Jin) Toilet,
Sle was dressed ima bliek worsted suit,
6
white shirt with ainy down eotlur, a
black slouch hat and bad a pair ol con-
pretty
on whieh he wants
gress shoes Ou. Tle laid a very
pair of sleeve bultous .
buried with lim,
ALG oblosk there wasen hig erowd
srouud the jal. Banks was stil aunerved
and ocrksionnily smiling, He sent sev:
eral mcss:
B. Burrowes of the Sedalia Demoerat.
Revs. Smith and Pesues hold services
at the Juil
Banks crying dtaing whe services in
‘his cell,
Bishep Albert Mack of Lowswilie. Ky.,
aulG. W.
DBorsery of thia city, both
COlored. ure witha tbe Condeaimed fico at
10.15.
Revi. We. Pewnes, col, is now ssith
o
B sake.
‘The Maren to the Se:
At [0:20 sheril Collins
old,
und owssistroats
wetready for toe cxeeution, At te
Banks wea tekeu from his cell, ana ine-
peuitest shen Coltina and Dejan ‘y
‘Caldwell uiarehed by him one on creh
nod the visiticg Sheriffs anil deru-
behind. koe
argh wis through the Jail corrider to
Phen they 5 sed
ride,
ticsiumbebed around ond
re
ges do friends at Sedvlin by Js:
On the Seavold.
Tn the northeast corner of the HCO vets
stood the scaffold It waa constriety |
hy Mesere. Dan Toit and Ore
| Lustend of Having a rere bold the tray
nseoLold, nu tig weotlen slide bt. 4 aT
a deyer to it takes ity place. aa
wounted the stops elocethy guardeethye abn,
Wes anc visi ny mee &
and deputie .
Burke fights a ciene and smeopes wil
|
|
|
|
|
|
prhetit lis dep
|
|
|
|
|
TEs BRO By Lithites \
some OV thes eober Cnrenehers apd '
‘
Paaows bibs ali coudbye smd 159 toed
Vocboaranes noes thes Ile mew siting
talks tothe Shevif! jae low tia. ™
Dida ail good bye Cope ve este dd
O51 esp we justed at boo,
Phi Mrep falis 20657 mb Banks *wheote
'throwsh the teap omnd ates Without og
Sirugese obs neek Nepar wpalees
72, viva } 4
{?rovnner ty Soe Xba Bay by Neate oy
eau i
; Ris tast) Niect.
'
, A Sratreporter visited Biv Bo
jul Thatsciy ofobtaned bad a lou tabk
fwith the condemiped. urato Pat Ree
'the question, “ilaw do you feel Custis
| fe replted.
“Very well, considering the “sttust on
| am placed tn As the theirs dew
for my eXectaton f become mere derve ue
| ane restless, Tre thorento of ey ue on
Hy iw paliows isthe deidest forane boo wet
pees Trouk i deasely fiee ne wineliestes
1.
md beshot down. but tie taeue st ot i
+
ing on Maye guijows deakes tie
| dere creep over wie,
iUs no use ta tei
elor wae
nNodie, Tottreni!
Ly cont thnat Tomi net worrie ney dn
lonuse Twould be tektites
this way. JT oocver
that Towel
ath, Poa!
UW
lube wt!
MowmeVv Love
Missouri. A
Ito die, and espec rl y
Mthongeht three yentrs age
ever know my dest hdght ons
wavs iadacdesire to ba taken
Thive strogel ie
simgle dintebe idl tye dt ig
efor)! mentust We State ved
g Fong ay ay i ee
batt for omy
|
colored man wks down to see
other day hard when he got ready to eave
suid: “take, deuwt you show the white
featber, betaman and die like a toldicr,
Liold hem tt was all very well for him to
tuk that way out there, bul to take my
place and kee ow brave he would be,
“Are you afreid to meet death, and do
you think vou will be able to stand it.?
“Yes, Lubink Dean stand it all right.
I believe 1 wil have more nerve on!
the eerff Id than Lbave in bere. Being |
We tLe
Hos Cola-Hlooded
(Page two
PUPGererr oa). ia Lak
of two pages)
whet sce Uhatthioes were ve
wart in tht vielni y bo cruvled through
Abele into a yard which hod an eiuht
foot high baard fence wronnd Thad
hot been there long when Lwas fetected
by Marebal DeLong oud arrestee,
The negrase who were my fiends np
to the tine of the killing turued against
“ne atthe tiistand made statements which
‘were utterly? fase. If L had had plenty
of money Lbaveno doust L would have
confived and woery ie febinw on tne. | been clesred. Mv lawyers did not take
JI know one Hiing wod that is Gad 18 0° rhe interest qu the CubE they should
‘ing to save me. - U feel 60 much better | should Lave snd the newspapers have
t
iwhen I pray acd if Ll muet die tomorrow
(uotii four oo coek
I have no fear of the vereafter.
Did you rest well last night?
t
I slept |
when | vot up and.
took a sineke. 1 shall put.in my time.
tonight praying for it does me eo much
g sco to prey aug it cheers me up WOD-
‘i nfully, ‘, ,
Jbavewr'tt-n a letter to my brother
aud sister bidding tbemadast fiatrewell
ra0 ove Lo any Jandy teteud Migs Senora
Griffipe at Calvert, Texas. Sie bas writ.
tin to Meerveral Limes since J have Deen
iv foil. .
I pave been a wilt sud reckless, man;
inmy lime, Edon't mean that 1 ever stole
soytbing Wut] have gambled aad drank
and been in inway o Pelt, erdseince T
Have been couverted Losn sce low much!
sitter ihivtiebeacnild of God. Bat I
whilbaye to bid you gcod pight a&
wUuRBE tO-be proyvlow to dese right nows|
We shook hands with the condemned,
man prom ei ig te see Lig ayaio ta the
morning amd left Ira, bey Sd see
els Sesapivalatlttasigs an aan catpiiasrteaatithi
Hanks lnterviewed—His “Statement,
“She Sran reporter eflled on Chas.
Banks,’ yertercay and obtained iis
statement in regard to the bhilling of
Palmer. Ji was as follows:
‘Tcame to Sedalia about v0 duys or.
maybe a litle longer, prior to the trouble
with Palmer. In the course of two or
three days inthe ci y IT visited the Crap |
den on Main street owned by Jim Phise)
and John Davie, both colored. After
the first vielt I was a frequent visitor |
there and wveneratly spent all my idle
time there, pleving — cards and
“shooting dice.” 1 beenime acquainted
with Palmer soon after f first went into
the den, We never did gel aloug well
cometuer, Palmer wage bie bully always
wying to oVeride sume one and enateniny
ip the pots of the table He neves
yothered me much uotil the day before |
shot}dm tle tried his bla game on
hod Lield bim tt wed not work.
day of the killing Twas tu the den seven
times before Tshot Palmer and Patiner
| was alsodthere Vee taba trowiie
me
The
wad!
aif
Sollle
alony Po theo Pletierot tebe tue fore!
Jvaut weksth ough We dal WOtds
with eachother; Palme? was sittin: ata
card table and J was atunding or rather
leaning ngainat a pool table, This trbse
was between myself and Palmer. ee
be got up and suid [am tired of yer G-
d-nl Weittng and started towarde ine a
’ ! , teow }
:
viven ne the worst ef it right along.
This ds my statement of the case and the
comly one Datel) iake,
When asker at he
mwa be hol cay
Nis hereaficrsy.
i
dic
what
“be he replied "No, I
ham not ctr Hit. ee, of course I dont
hike to die tus woy) Dd woald rather live,
Phat if Pamust ie sbell tr
jaan sD bebues
tees J invites
nfinid to
fear
Wis
tenson fo
ce desth bea
ad Will take care of tive
vba tapeed in hie cnre. Fr
seems Latd tole woeu so young br toy
Jide ns Decn Gare el iatdships, and with
to frivnds ane tieney, Tgaess Twill be
beiter olf woen Prva gone,”
“low aoa yea weep wos the next
qutstion, UV ny. welt replied Banke,
; ‘omy few vu j Cor thee tithes
dure
| the nicht tal ey.
vol tad 4% dieame last
‘ oy £
| ryechet thyect ¢ ‘ - ah wud commuted my
pen fe yee to eg _Aimeat da tie peri:
a
Pte nt@ yf tar iteeat
J Gnitig the coe ce ction the condemy
acound inadreamy gortofomanner, dhe
alist WEIR jcounlty and while
Wha than
fiat sittings
rNOiees
taiking dear we ten times
froma nw cap of water de
table in das ewlh |
lhe aiso bad aapet
ote } Louk st
One
wie? bis Sister whieh
\
Le pleks up very often,
Nis Last tee cates te
the
they
ITwant to
PEGs uu to thank
preeypedes of b
We tag for Whial
“Gos Ydess theme both
They
If suen eolored
\y Maen:
Vive LOVe for meas
white nad bisev have done al
they comld foe tye.
\ lags would
i yave been in this ich fo
bee thank Sher Collins and bis deputy Buly
Yoer
ad ”)
hack lived in ggedaiayf pwever
wonote, Lala w
nod tea wives for the manner
Heh they dinve treated ne My
every reque:nt Tas been wrantead, nik Mrs,
Crisseyv, God bless der. ob know she is
‘
ys
one ol the best wetues On earth, sue
pride visit sttec Visil since my Contine-
Pryent here nad reat me ou. of the bible
joedeave me wordeof eheer, dber visits
! .
bwere the aray (of suushbige to ome, |
1 ; . ;
east] amwuke this etateme it my
tig tialaeakes tae fect!
ue wallow:
fhe ons bad
Pisobat Pbave eohsedt sa@muci she tbe te
The pee, heed UV. feousbeaa t
| Ob, yes, there is one other think 7
body be
would dike and thats Chet my iy
Caiver',
| senttomy brother and sister out
fexas, But tf
wantto be buried
enrnot be
eet! vl
this
AMON peop!
and in a white caaveyerd
ting very!
ed roan Wh3 gers recthe sg nad would stice
dowel
" CO ee ce ee ed s
‘
' \
i Bat en | a | }) }
Hhadassembicn inthe pub oAtter
bath
was secured and
VnNsue:
cessful efforts to secure 4 ful, on
large mortar bos placed
inthe corvidor ens of the exer. Atter
lat been pumped nears bul oat wate
Burks was brought owt oof tes e lisa
easked to give bys religious expericuce
fle told the detuiis of COMVERSE
ay id he foruave those whe swore
bim, and said be
Qoveraor
ris
wis prepared) foodie df
Deol
Dorsey read several
eeripture, disap
wud while the thet
love the Bord” those
present shook turds with the condenimed
Le then
and Was dmimerse
Atsio'g
menteotthe Lords sepiuer
tercd to him.
!
the shotree!
Rev
spare bine,
Vussaees of
bebo in
a? '
Voll
prayer,
hyn. Come
Wad lets
We
Sipneg,
man, sat dawn du
lhe tev.
mann iN this
the wate:
Dcorse Ns
hilertaama the seers
was adi
Sheted of Beouks® Life.
Chas. Danks. whe
the
Palmer
rreaict the PY UE yey
willows today forthe murder of bis
Wa
Alabyma, in
on + \ $
tort eo Mads Patni,
Beg, cease eu thy be ob 3
|
Ivers ot fie wetted about tte
HO,
} ary feat q) retha
pert oe very parte pereepes
Verso t
! ve r tae > a
On OTS FHCE, VE Tb Cahier YP atte
«
fir moved whe the apes
ted
Ilere he
leurnt any
day JIsboterdadd Caer discal,
to Dis owt Steet die dperet decay fe
hoe Hen a fees hed
of ij
and ow
Savant ; Te tiey uae
spent nas! life.” We aevet
tracle axed sbout as on
several times dor chetting and
staterl threat dee owes ha
ret olf
wid sent to
stenting. Te
enoupl to SiC Wh path se
LEH eh ey
bever perm Pentp ary or pew
seid ted BV GUIET Piya ENeept Paling ©
Wis testified to fa named: ate
son, # witness Cor the stute [er om Poss
Bavks trayvelod torough twee oor tacee
pstates nud finciive Donde b da Sedatie in
Pibe Manteo hiv. oe WW atle te te |
wars net known tow me Pat '
J most of habs Uitmve dn U's & Uav nny
‘shooting dem ane oth piace set a sone
‘har character ia ide ric: lis fetter on
wother are both bead bert he dias a lratt
er and sister
| bie eo r Coaeverh baen
| They Were evare of the ast theo
reawntive Banks ened bas Grothe wo iad
| have Cote te thers iobany Longt os |
Viseel et ba chose cn bv pelo ovina
Pns he sad dt woul ony toheoavy oes
pense auditor dehy ar wad }
picture ieanetince pat Wes geet is
very coud Gue ond isc. thom Hits. at
him. ,
F
oem bbc
| The Mardered Man the Patmer,
Tke Palmer,
y ths Wha wis nee
derert vy Chad Bs
ny owWss Vy COloresf prin
Vabout 27 As ee tle wus revel is
Phere, al! Hho Pooper! wy dior see Watt le j
Wie diste. Ghee vets et a Wel Dirk @ unas
v
iexton, theck Typed, and very heen.
He venernt y Wore aetna! tristrebe aad
Wrsavey coodde korg sprecuner of bes
a ch des] vers tert pepurtatian mM
NAME: BATTLE, THOMAS HENRY .| DATE OF EXEC.: PENDING NUMBER:
NT/RS: YR: 80 DR #: CP-013 METHOD: TIME:
SOC. CLASS: ECO. CLASS; EXECUTION SET : NO.:
RACE: B SEX: M AGE. AT EXEC.: DOB: 62/03/05
STATE: MO 2-S: CO: ST. LOUIS CITY CITY: ST LOUIS
HOR: ST LOUIS MO BOOK/MOVIE:
L: 3 SPECIAL LIST:
DATE OF CRIME: 80/07/05 AGE AT CRIME: 18 CATEGORY: LEO:
DATE OF SENT.: 81/09/18 WEAPON: STABBED -KNIFE
CRIME: MURDER-RAPE NO. KILLED: 1 TOTAL KILLED:
VICT. CODE: BF80
CMTS#1: BIRDIE LEE JOHNSON (80), neighbor, raped twice, stabbed 15+ times, knife
was left in her head:
--died several hours later
KNOWN PREVIOUS CONVICTIONS:
ACCOMPLICE; LAST PRINT: 1993/04/17
SOURCE: A & E “Invest. Report 1993/04/16 IQ LEVEL:
CMTS#2: >>>> USSC REJECTED APPEAL 88/10/24 K<<<
CLAIMED HE WAS ON PCP
~-drug user since age 14 lith of 13 children
Very articulate
DR: LIST: 9512
Missouri Man Executed
AP. 7~Aug-1996 1:23 EDT REF5797
Copyright 1996. The Associated Press. All Rights Reserved.
The information contained in the AP news report may not be published,
broadcast, rewritten or otherwise distributed without the prior written
authority of The Associated Press.
POTOSI, Mo. (AP) -- A man was executed by injection early Wednesday
for killing an elderly next-door neighbor who had been so fond of him
she nicknamed him “sweetboy.”
Thomas Henry Battle, 34, who had been on death row 15 years, was
convicted of the 1980 murder and rape of Birdie Johnson, 82. He had
confessed to killing her with a butcher knife during a burglary but
later recanted. |
A neighbor found Johnson with the knife stuck beneath her left eye.
She also had 12 stab wounds in her chest and back, along with five
fractured ribs.
Battle confessed 11 days later. He gave two accounts to police that
day, first blaming it on a friend, then saying the friend raped her but
they took turns stabbing her.
At his trial, Battle recanted the confession, saying police had
pressured him and fed him details of the crime. Battle had hoped that
DNA tests would clear him of the rape and murder, but the results were
inconclusive.
Battle’s sister, Charlotte Foster, said it didn’t make sense that he
would kill Johnson, a friend who lived next door to his family in St.
Louis.
"He’d wash the car, shovel snow, take out her trash -- just small
errands," Foster said Tuesday. "She would say, ‘Come here, sweetboy, ’
and he’d go see what she wanted.”
=
August 7 (MO)
Fearing their state is on the
verge of killing an innocent
African American, a movement
is building in Missouri to save
Thomas Battle. At the heart of
the controversy is a bed sheet
that officials removed from the
crime scene. Thomas's
supporters believe it contains
DNA evidence that will
exonerate him of the crime.
This assertion is supported by
the testimony of two witnesses
who have come forward since
Thomas's conviction to
corroborate his claim that
although he did help to
burglarize the victim's house,
he was not present when she
was raped and murdered. On
June 19, in response to local
protests, prosecutors agreed to
release the bedsheet.
However, citing fingerprints
left on a window sill at the
crime scene and a confession
Battle gave to police (but has
since recanted), Missouri's
attorney general, Jeremiah
Nixon, says he already has all
of the evidence he needs and
will proceed with execution--
even if the DNA evidence
points to Thomas's innocence.
PLEASE WRITE:
Gov. Mel Carnahan
Box 720
Jefferson City, MO 65102
(573) 751-3222
Cranston Mitchell, Chair
Board of Probation and Parole
117 Commerce Street
Jefferson City, MO 65109
Kansas City Star
The Letters Editor
1729 Grand Avenue
Kansas City, MO 64108
(816) 234-4926
William Frank
Parker
August 8 (AK)
Newly installed Governor Mike
Huckabee has set Frankie
Parker's execution date for
August 8-- over a month
earlier than previously
expected.
Frankie has received
support from several
international religious leaders--
including the Dalai Lama--
who see him as a shining
example of the possibility for
spiritual transformation
amongst the condemned. In
1984, after two of his siblings
committed suicide, Frankie
Parker began abusing drugs
and alcohol. Shortly
August 1996
thereafter, the military veteran
suffered a psychotic break,
shot and killed his in-laws,
kidnapped his wife and
wounded a law enforcement
officer. On death row, Frankie
came across the teachings of
Buddha and taught himself
Buddhist practice and
mediation. Today, seven years
later, his Spiritual
transformation is so complete
that even prison guards have
offered to plead with the
clemency board on his behalf.
A Buddhist priest who
ministers to inmates at New
York's Sing Sing State Prison
told the New York Times that
the Arkansas will be
committing a grave injustice if
it kills Frankie Parker. "He has
the most impressive
understanding of Buddhism of
any inmate I've ever met... The
man belongs in a monastery,
not on death row."
PLEASE WRITE:
Governor Mike Huckabee
250 State Capitol
Little Rock, AR 72201
Arkansas Board of Parole
1421 East 9th St.
Little Rock, AR. 72202
FOR MORE INFO:
Contact Arkansas Coalition to
Abolish the Death Penalty @
(501)374-2660 ph, (501)374-2842 Fax.
if ne
By Kim Bell
Post-Dispatch Jefferson City Bureau
JEFFERSON CITY — A St. Louis man
who has been on Missouri’s death row longer
than anyone asked Gov. Mel Carnahan on
Monday to delay his execution next week
even though DNA tests failed to clear him of
raping the victim.
Thomas Battle had hoped a DNA test
would absolve him of raping 82-year-old Bird-
ie Johnson, who was stabbed to death in her
apartment in 1980. However, only one of
“DNA Fails To Clear Inmate On
S7 Lours FOS Ox
Despite early confessions to police, Battle says he is
innocent of the rape and murder.
every 2,000 blacks has the type of DNA as"
Johnson’s rapist. And Battle is one of those
people.
Despite early confessions to police, Battle
says he is innocent of the rape and murder.
The results of the DNA tests were includ-
ed in a packet sent to the governor's office by
Battle’s attorney, Richard Ahrens. Battle’s
defense team paid about $3,500 for the tests,
a last-ditch effort to stave off the execution.
Battle, 34, is scheduled to die by injection at
12:01 a.m. Aug. 7.
1 Death Row § ~ i
Ahrens appealed to Carnahan to convene f¢
board of inquiry to focus on another man:
Elroy Preston, who has confessed to murder-
ing Johnson. Preston confessed to the murder
in 1986 but now won't submit to a DNA
analysis. Ahrens wants the state to force him
to do it.
“We need that sample,’”’ Ahrens said. “We
need the governor to take that further step.”
Preston is already on death row in another
case. He killed two people in St. Louis and
See BATTLE, Page 2
cad
4
af
track, halted the negroee# ahd, 568
they ran, shot thers Jn the legs. ‘
s
z
s
12:50 a. m. Sunday, but es severe! hun-
dred men were in the streets, the &t.
Charles authorities docided that the
prisoners would be ‘safer in @& Lovts -
Bevera) hundred were at the M.,
y station when the train arrived
a m. today., They refused to fist
those who said the negro prisoners
teen taken to 8t. Louis, and insis
searching the train. i
=] amb, the town's oldest
point of rervice, having been 6a
force % years, Was unconsecioes beg
6
"
soe
sf
4
|
sa
etka
Joseph's Hospital unt he Gted
:
g
E
j
i
Ss
sults
EF
ee
craps game and told the tite jeawe
town. ae v8
After Blatt hed gone te y
et town,
went into the business part
ang at the Ringe haréwere
police say, they bought 168 reends
‘leartridges for revolvers. Thet f
went around saloons, ériaking
‘Tealking insolently to her :
and to white men.
Complaints ef their peneavior
eé Bisair, and he set leak
them
4 Blais 2
«
4
$
é
:
F
£Ek
H
|
1
z Behe
r if ;
THR
teat
tty
feet
if
HH
i
iq
Ay)
f
i
|
tT
§
i
z
f
yes
ett F
a
#
3
sat
ti:
y
BEAERy Andrew and Harry, blacks ed 8 ees
EKER ndfew and LAGI’ Y 9 blacks, ma anged aos Charles ; Mo ap 8~8-1916
BLACK, — f
PNissitiin. ce ij ae — ne eal
= : - FS x =
‘eaokerr =. (2
jrrase Ot SVERYTHING” SiC kK
= PEMENAND
NFERO DICE PLAYER
CLD FHT |
Patrolmen ‘Blair dnd
Latter the Oldest St.
Charles Force, fin
Battle With Three Negroes
Who Refused to Leave
Town.
esa: if Se : Pay are
Policemen John D. Blair ané Davit
Lamb of St Cherles were killed aff
Tom Black, a negro, was alse
in @ revolver battle betw the
policemen and three n ta ;
“Frenchtown” section of 6t. Charies |
4:45 o’clock yesterday'afternoon. -
The two surviving negroes, starry
Andrew Black, brothers, ané cousins
‘Tom Black, were captured five
later near Machens Junction,
Charles County, by Theodore and
Isemann, sons of a farmer, and by
Pumphray of Moberly, @ traveling
. [They started cut after a telephone
sage hadi informed them that the
groes had fied In that C¢irection,
tying in walt beside the M.. K 4 :
track, halted the Begroes | and, wb
await an early morning train for
Louta They could have een
mack 08 train reaching St Charies f
Jered men were in the strests, the
-JCharies. authorities decided that
prisoners would be safer in Bt ables
4) Several hundred were af the M.. K
T station when the train arrived at
@, m. today. ene refueed to nan
pee nt
Sealine 2 sete bn StS side
e
308 NOTES
1 MTP, DV 310, “Autobiography of a Damned Fool.” In MTP, DV
326, “The Mysterious Stranger in Hannibal,” the dentures ae to
“the widow Guthrie, 56 and dressed for 25,” whose original was rs.
Holliday. In a purported true story of Hannibal, A Sett of be _
the expense of a Husband,” the Hannibal Gazette of Nov. = uf
jested about the hazards of false teeth in courtship. Orion ; on a
Hannibal Journal and Western Union, Jan. 22, 1852, marvele - Ba
beautiful set of teeth, on highly polished gold plate, put up for gr y
in this vicinity” by an Ohio dentist, on exhibition in Hannibal. Aunt
Polly’s vigorous amateur tooth-pulling (Clemens, Tom ee PP-
58-59) was doubtless much more familiar to the village than such ar
of replacement.
8 MTP, DV 328, another text of The Mysterious Stranger.
9In some miscellaneous notes attached to MTP, DV 310, we read:
“Miss Newcomb is Bangs’ [the printer's] wife and henpecks him, but
doesn’t get much the advantage. Spit curls.
10 MTP, DV 323, an untitled and apparently unpublished sketch.
11 Annie M. Webster to the author, Dec. 8, 1949.
12 Perhaps McCormick came in answer to Ament’s advertisement in
the Hannibal Missouri Courier of Nov. 8, 1849, for an apprentice; a
similar appeal was made on May 9, 1850. Still another learner named
Ralph left little save his name upon Mark’s memory. His chief ao
lections of McCormick and McMurry appear in Autobiography, Il,
276 ff. |
13 Description of McCormick appears in MTP, DV 328. Hannibal
Journal, Nov. 18, 1852, reported, ‘Elder Campbell preached here last
Sunday & Monday to very large audiences.”
14 After meeting him and Wales McCormick once more in Quincy,
Ill., Mark thus described him to Livy on Jan. 23, 1885; Clemens, The
Love Letters of Mark Twain, ed. Dixon Wecter, p. 233.
15 Hannibal Journal, Nov. 23, 1848. In 1853 he married a girl from
Louisville (Journal, Aug. 15, 1853).
16 Clemens, Speeches, p. 140.
17 Quoted in Paine, Biography, p. 77.
18 Speeches, pp. 138-40; and MTP, DV 328.
19 Clemens, Roughing It, 11, 16; and an account by Orion quoted in
Paine, Biography, p. 85.
20 MTP, DV 328.
NOTES 309
21 Paine, Biography, p. 78.
22 For Sam's fancy printing, see Paine, Biography, p- 78; the first
verses signed “Mark” appear in the Hannibal Missouri Courier of June
21, 1849, and those signed “C.” in the Hannibal Journal and Western
Union, June 19, 1851. See also a damsel’s reply “To Brother Mark” in
the Hannibal Journal of July 19, 1849.
23 Conversation reported to the author in a letter from Sam Webster,
April 4, 1949. Compare Paine, Biography, pp. 81-82. Oddly enough,
this supposedly significant turning point is not mentioned in Clemens,
“The Turning-Point of My Life,” What Is Man?, pp. 127-40.
24 Paine, Biography, p. 1281.
25 See for example the Hannibal Gazette of June 10, 1847. This
newspaper prematurely rejoined that the pond was being drained, only
to retract on July 1: “What we took for workmen, was only some boys
out at sea on planks.”
26 Clemens, Life on the Mississippi, p. 412,
27 See Bertha L. Heilbron, ed., “Making a Motion Picture in 1848,”
Minnesota History, XVII, 432 and 434.
28 Clemens, Tom Sawyer, pp. 119-21; and Paine, Biography, p. 53.
But compare, for example, Hannibal Journal, May 17, 1849.
29 MT BM, pp. 15-16.
30 Clemens, Life on the Mississippi, pp. 319 ff.
31 Samuel L. Clemens to Frank Bliss, Aug. 26, 1901, photostat in
MTP, Letter File. The fullest account of the crime occurs in Marion
County Circuit Court Records, No. 5800, State of Missouri v. Ben, a
Slave, November Term, 1849.
32 History of the Expedition ... of Lewis and Clark, ed. Elliott
Coues, I, 256. For this suggestion the author is indebted to Bernard
DeVoto.
33 Palmyra (Mo.) Whig, July 30, 1845.
84 Hannibal Journal, May 3, 1849, supplies an extended list.
35 MTBM, p. 15. From San Francisco Dr. Meredith wrote his wife
on Nov. 7, 1849, that his party was about to set out for the gold fields
(Hannibal Journal, Feb. 7, 1850).
36 Hannibal Missouri Courier, April 11 and June 6, 1850.
87 HMG, p. 316. Hannibal, however, more than held its own; cf.
p- 902.
214 SAM CLEMENS OF HANNIBAL
speak only of “bruises, sores, and burns” and commend it
plainly for external use —as Peter the cat, if articulate,
doubtless would have agreed.7§
The visitations of Hannibal were not done. In the fol-
lowing winter, 1849-50, the town was ravaged by the equally
dreaded yellow fever. Pamela wrote Orion in St. Louis, on
January 29: “I suppose you have not been attacked with the
yellow fever, that by the way is raging so here that it is
feared it will carry off nearly half the inhabitants, if it does
[not] indeed depopulate the town. In consequence of it
many of our best citizens intend starting for California ‘so
soon as they can make preparations.” 29 "Then in 1851, with
summer creeping up the Valley, cholera struck again at
Hannibal, carrying off that distinguished-looking old aristo-
crat Colonel Elgin and twenty-three other citizens, while
Orion’s columns related on June 5 that steamboats were
“burying their passengers at every wood yard, both from
cabin and deck.” ‘The somewhat grim levity of Mark
Twain’s reflections, in Life on the Mississippi, about inhu-
mation and cremation in times of plague, probably owes
something to these early days.*° a
The most spectacular news story of local origin in 1849
was carried by Ament’s Courier beginning on November 8
under the headline “ATROCIOUS MURDER AND RAPE.” A young
Negro known as “GlJasscock’s Ben,” a slave owned by Thomas
Glasscock, while hauling rock from a quarry through the
woods not far from Hannibal, had stopped to commit a
crime that sent “a thrill of horror . . . through our whole
county.” With a rock he had killed a white lad of ten, then
raped the boy's sister, aged twelve, and proceeded to cut her
throat with a “common Barlow knife.” Quickly detected,
he was hustled to jail at Palmyra. On December 6, Ament
sfave Ren
14 - THE PRINTER’S DEVIL 215
treated his readers to a long account of the trial, at which the
Negro was sentenced to death. On January 11, 1850, he was
hanged before a huge crowd —the first legal execution in
the history of Marion County. His confession at the foot of
the gallows was printed as a pamphlet in February by Sam
Clemens’ enterprising boss, and sold at twenty-five cents a
copy. Upon Sam himself the crime left a lurid impression,
and probably he intended some day to write a story about it.
In “Villagers,” he noted: “The Hanged Nigger. He raped
and murdered a girl of 13 in the woods. He confessed to
forcing three young women in Virginia, and was brought
away in a feather bed to save his life — which was a valuable
property.”
Glasscock’s Ben is said to have boasted that since he was
worth a thousand dollars, the law would never hang him —
a claim which suggests the irony of Pudd’nhead Wilson in
which the colored Tom Driscoll, though a murderer, goes
unpunished because as a slave he involves property interests
that would disclaim him had he been a white or freedman.
In 1901, when contemplating a book about the history of
lynching, Mark Twain wrote his publisher Bliss about want-
ing data on a case to be found in old newspaper files ‘‘about
1849, I should say. It may be that this time the negro was
not lynched —I can’t remember. . . . He raped a young
girl and clubbed her and her young brother to death. It was
in Marion County, Missouri, between Hannibal and Pal-
myra. I remember all about it. It came out that his owner
smuggled him out of Virginia because he had raped three
white women there and his commercial value was de-
teriorating.” *! That the slave escaped lynching, considering
most remarkable feature of this case.
the crime and the hot passions .of rural Missouri, was vu
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Before leaving I would always say, “‘See you Monday,
Mr. Dane.’’ That was only my ice cream cone day, but
nevertheless Mr. Dane knew that it was a day of some
significance. Mr. Dane would consider my parting words
and then say, ‘‘See you Monday. Bobby.”’
But there came a Monday when I did not see him. In
fact, I did not see him for twenty years. After graduating
from high school I left Marshall and eventually went to
live in southern California. One day in the 1950s I was
driving through Sierra Madre when I saw a sign over an
ice cream store. The sign said: “‘Bert Dane -- Malts and
Sodas.""
I entered the store.
I said, ‘‘Hello, Mr. Dane.”
He said: ‘‘Hello, sir."
I said: ‘‘How about a chocolate malted with two straws
and two vanilla wafers.”
He looked at me again.
‘*Bobby?”’
‘Bobby.’ I said.
‘*Bobby."* he said, ‘I can see you've been drinking
plenty of those malted milks since I last saw you.”
‘*How about it?’’ I asked. ‘*‘Another malted?”’
‘I'm afraid we don't make them the way we used to,”
Mr. Dane said. **You might not like it.”
‘‘T know how it is,’ I said. **But couldn't you make one
the way you used to -- just once?”
He looked at me for several seconds.
‘Bobby, give me three minutes.’ he said.
‘*He left the store, and returned with a quart of milk, a
can of syrup, some ice cream and some malted milk
powder. He put it all together.
‘Thank goodness, at least I still have a mixer,”’ he
said, ‘‘even though I don't use it to make malted milks."
‘Thick or thin?’’ he asked.
‘Thick,’ I said.
Soon he poured the mixture into a paper cup.
‘‘No more glass cups,’’ he said.
Then he placed it on the plastic counter.
I hesitated.
‘‘What’s the matter?’’ he asked.
‘The cookies,’’ I said, - ‘the vanilla cookies."
That's right,’ he said, ‘I forgot to get ‘em.”’
‘‘Never mind,’’ I said, ‘‘It’ll be just fine this way.”
I pulled on the malt through a single straw and we
talked about the 1930s on the Minnesota prairies and that
soda fountain in Bulowski’s drug store.
As I finished the malted milk Mr. Dane asked: **Well,
how was it, Bobby?”
‘*Fine, Mr. Dane, - just fine,’’ I said.
‘I wish I'd remembered the vanilla cookies.”’
‘It was fine,’’ I repeated.
Then I said: ‘‘How much, Mr. Dane?”’
He said: ‘‘How much? You surely must know that. It’s
fifteen cents -- three nickels; and it’s got to be in nickels.”’
‘I’m afraid I don’t have any nickels right now, Mr.
Dane,’’ I said. ‘‘The least change I have is a dollar bill.”’
‘‘Won’t do, Bobby,’’ he said. ‘‘Three nickels or
nothing. And that’s quite a switch for you -- not to have
any nickels. But then times have changed.”’
‘‘They sure have,’’ I said.
I went to the door.
‘‘Bobby,”’ he called.
I turned.
‘*See you Monday,’’ he said.
‘*See you Monday,” I said.
I didn’t see him Monday, but I did see him at various
times through the years. I never asked him to make
another malted milk for me again. I know he made that
malted milk the same way he did when he was behind the
soda fountain in Marshall.
But it just didn’t taste the same. Mr. Dane knew that
too. But we never talked about it. I knew then that no one
could ever again make a malted milk that tasted as good
as the ones Mr. Dane made in Marshall -- not even Mr.
Dane.
THE OZARKER, No. 66. Page 15.
W itclnim g
Tale
TRUE WITCHES ARE MISUNDERSTOOD.
That's the view of Gavin Frost, flamen (or Bishop) of the
Missouri Church of Wicca and the Coven of Boskednan,
the church's governing body.
He, and his wife, Yvonne, who is a bishopess in the
church, moved to the outskirts of Salem two years ago in
search of a quiet place to continue their work in the church
and School of Wicca they founded.
‘‘We aren't satanists,"’ Mr. Frost recently told Ed
Schager, a reporter for the Associated Press. ‘*We believe
Jesus Christ lived and was a great healer. But we object to
church dogma and the idea that humans have the ability to
really know what God is.”’
The Frosts say that their neighbors in the Salem area
seem to accept their presence.
"There was some fear in Salem at first,’’ Mrs. Frost
said, *‘but they soon found out that we weren't going to
bite them on the neck. Now some of them drop in on us
occasionally. I think it’s mainly curiosity.”’
Mr. Frost became interested in witchcraft in the
mid-1960's while in Europe to research Stonehenge and
the druids for a novel that was never published. His wife
was converted while helping to assemble the book.
The Ozarks has long been a favorite area _ for
self-professed witches. Thirty years ago Vance Randolph
wrote: ‘I meet people every day who are firm believers in
witchcraft, and I have been personally acquainted with
more than a score of so-called witches myself.”
In the course of a lifetime of research in the Ozarks, Mr.
Randolph collected numerous stories about self-professed
witches and their activities. In fact, recalls Mr. Randolph,
‘*| have even been accused of dabbling in sorcery myself;
there was an old woman near Farmington, Ark., who used
to tell people that I ‘throwed a curse’ which ruined her
whole family.”
Mrs. Mabel E. Mueller of Rolla once told Mr. Randolph:
‘‘There was a time when nearly all of the backwoods
people believed in witchcraft and sorcery.’’ Even 30 years
ago in the Ozarks, such beliefs were not uncommon, Mrs.
Mueller said.
Mrs. Mueller told about a farmer whose wife was
reported to have supernatural powers. One day the men of
the neighborhood were engaged in a shooting match,
while the witch woman was working near the house.
After awhile she called her husband.
‘‘John,’’ she said, ‘‘come help me frame this here
flax.”’
John paid no attention, for he was an exceptionally good
shot and didn’t want to leave the shooting match. The next
shot he fired went wild. His rifle was in perfect condition,
but the witch had tied a little knot in the corner of her
apron. After three more shots, all of which missed the
target, John prepared to leave the match.
“I'll have to go, boys,”’ he said. ‘‘The old woman's done
put a spell on my gun, an’ she won’t take it off ‘til I tend to
that darn flax.”’
After a lifetime of study’ of Ozarks folklore, Mr.
Randolph 30 years ago concluded: ‘‘Most of the Ozark
superstitions are harmless enough, but this belief in
witchcraft frequently leads to violent crime. When
primitive people imagine that their troubles are caused by
supernatural ‘spells,’ and that these spells are cast upon
them by their neighbors, tragedy often results.”’
|
THE OZARKER, No. 66 Page 14.
THE MALTED MILKS OF MR. DANE
by Dr. Robert Lee
If you were a boy in Marshall during the 1930s your
choice of activities during the long summer vacation
seemed unlimited.
You could always go to the American Legion Field at
the edge of town and join in the never-ending baseball
. game; you could fine someone on the tennis courts
wanting to play a few sets; you could dive into the water of
the large pool and enjoy a swim. Or, if your mood called
for participation in more informal activities, you could go
to the railroad yards and play on the empty boxcars on the
siding; or you could talk to some of the sophisticated
gentlemen of the road at the hobo camp near the tracks;
or you could go to the adjacent stockyards and play tag.
But no matter what activity you might choose for your
current attention, you would usually adjourn before the
day was over to Bulowski’s Drug Store on the main street
where you were sure to meet any of the gang that you had
missed seeing during the day.
Bulowski’s had three main features dear to my heart: a
radio that was always tuned to WCCO in Minneapolis; a
well-stocked newspaper and magazine stand; and an
elaborate marble soda fountain.
The soda fountain, of course, was the main attraction,
but if you sat at the fountain you were expected to make
an order, and that could be costly.
But for an ice cream soda or a malted milk you could sit
on the stool for an indefinite period, perhaps reading one
of the magazines you picked up as you came in and at the
same time listening to Jerry Harrington or Al Sheehan
giving a play-by-play account of the baseball game
between Minneapolis and its current opponent in the
American Association.
And all the while you could exchange running
comments with your colleagues who were sitting or
standing near you; and occasionally you might exchange a
word with Bert Dane, the presiding genius on the other
side of the fountain.
My favorite refreshment at Bulowski’s soda fountain
was a chocolate malted milk as prepared by Mr. Dane.
Mr. Bulowski and Mr. Osweiler, the co-owners of the
store, occasionally presided at the electric mixer, but it
was known among the true connoisseurs that Mr. Dane’s
talents in the mixing of a malted milk were unique and
unsurpassed.
In the summer of 1931, despite the depression, my
allowance had been raised to five cents a day, supposedly
in payment for my daily. services around the house and
yard. Mother had enough faith in my integrity to pay me
that summer in advance. She placed ninety nickles in a
box in the desk drawer.
‘This will allow you to spend at least a nickel a day
during the vacation,’’ she told me. ‘‘You can spend more
than that if you wish, but remember if you spend two
nickels in one day that will mean a day will come when
you will have no nickel for that day.”
That summer my two main interests that required the
spending of money were ice cream cones and malted
milks. As an ice cream cone cost five cents I realized that
the easy way would be to buy one ice cream cone a day,
and I would be certain to have a cone every day until the
end of the summer vacation. But a malted milk cost
fifteen cents. That meant that to come out even I would
have to skip two days in front of the drug store fountain to
be able to justify the spending of three days’ funds.
Finally, after careful planning and much consultation of
the calendar, I formulated a plan which allowed me to
have an ice cream cone three days a week and a malted
milk one day a week. I determined that malted milk day
would be on Saturday, and ice cream cone day would be
Mondays, Wednesdays and Fridays. Tuesdays and
Thursdays I dreamed about the future at the fountain.
I chose Saturday primarily because that was the day
that Mr. Dane was certain to be presiding at the fountain.
Mr. Bulowski and Mr. Osweiler were always busy waiting
on customers in other parts of the store during that time
and the custom was to allow Mr. Dane to be in full charge
of the fountain on that day.
My custom was to ride my bicycle to the store about 3
o’clock on Saturday, lean it against the outside of the
building, enter the store and pick up a copy of Liberty or
Collier’s as I passed the news stand and then to the stool
at the end of the fountain where I had a good view of Main
Street through the open door, and also a good view of the
boys always congregated around the radio and the news
stand.
As soon as I would climb upon the stool Mr. Dane
would put the question to me: ‘What will you have,
Bobby?’’ The assumption always was that I was a
cosmopolitan man about town whose order would be
completely unpredictable.
I would stare at the ice cream menu posted adjacent to
the big mirror behind the fountain, and after some
seconds of close study and apparently careful thought, |
would say, ‘‘Well, Mr. Dane, I’d like a chocolate malted
milk, please.’’
Mr. Dane would nod, open the fountain refrigerator,
pick up the scoop and in quick succession place three
scoops of vanilla ice cream in a metal container. Then he
would remove a quart bottle of milk from another
compartment and pour a portion of the milk on top of the
ice cream. Then he would turn to a container on the
marble shelf in front of the mirror, remove the lid and
place a heaping spoonful of Horlick’s Malted Milk Powder
into the container. And then he would place the container
under a spigot in the fountain and push the button three
times to bring out three squirts of chocolate syrup. Then |
in one quick motion he would place the container with the
ice cream and ‘he milk and the malted milk powder and
the chocolate syrup under the electric mixer. This would
be the signal for the next important question.
‘‘Thick or thin?’’ Mr. Dane would aski.
‘*Thick,’’ I'd always say.
‘‘Thick it is,”’ Mr. Dane would say.
I liked my malted milk thick because I thought it tasted
better thick than thin. But I also always called for ‘‘thick”’
for another reason: It didn’t take so long to make the
malted milk that way.
In a few minutes the mixing would be completed and
Mr. Dane would remove a big galss on a long stem from
the cupboard. He always poured as much of the malted
milk into the coatainer as it would hold, and then placed
the container in front of me. I was entitled to all that
remained in the container, and I was allowed to pour the
remainder into the glass whenever I felt that the glass
needed to be refilled.
As soon as Mr. Dane had placed the container and glass
in front of me he would turn to the big cookie jar on the
counter, remove two vanilla cookies and place them on a
plate in front of me; then he would place two straws on the
plate by the cookies. He knew that I always used only one
straw, on the theory that this would make the malted milk
last longer. But Mr. Dane was a man who believed in
giving everyone equal service, and he always gave me two
straws, even though he knew that only one straw would be
used. Of course, I always took the extra straw with me to
use whenever possible in drinking beverages at home.
This ritual completed, I would pull on the single straw,
page through my magazines, listening with half an ear to
the broadcast of the baseball game and engaging in any
required conversation with my colleagues at the front of
the store.
Even with only one straw, I usually came to the last of
the malted milk within a half hour, and then I would
realize that it was time to go.
There appears to be, indeed, there is, imminent danger
that the last refuge of those who love the silent woods, the
unpolluted streams the whispering solitudes and the
inspiring grandeurs of vast stretches of undulating hills
untouched by the devastating, blighting hand of sordid
civilization, will soon be gone.
I read with growing disquietude the megaphoning and
ballyhooing intended to attract hordes of tourists and
armies of vacationists to those gentle and tranquil hills,
and I know what that means.
It means long stretches of dusty roads, lined with gaudy
gasoline pumps, chicken shacks and hamburger stands. It
means solid streams of shrieking, chugging, hurrying,
thundering motor cars, filled with giddy, thoughtless
throngs, bent only upon seeing who can cover the most
miles, eat the most ice cream cones, drink the most pop
and stir up the most dust.
It means bizarre, crude, blatant commercialism gone
mad -- or more mad. It means impatient traffic rushing
like a swirling, muddy river. It means selling, buying,
bartering, scheming, - and cheating. It means all the
crudities, harshnesses and baseness of our insane
civilization. It means grab, greed and scramble. It means,
I greatly fear, that those sober and peaceful Ozark hills
will become marred, besmirched, raped, ravished,
slaughtered and mutilated only to make a holiday for
thousands who would not know a vista from a
rubbish-strewn alley nor detect the difference in the note
of a scarlet tanager from the squeak of a car-spring or the
startling blast of a raucous siren.
My fervent hope is that this thoughtless, inimaginative
throng will remain along the unromantic and well-beaten
highway. That it will not, with unholy feet trample upon
and destroy the virgin freshness of the pulsing, throbbing
woodlands. That it will not run roughshod, headlong and
heedless, over the tender vines and mangle the fragrant
flowers. That it will not claw and paw the verdant
shrubbery. frighten the timid hare nor frighten the
brooding bird on her nest of blue-mottled eggs. That it
will not return with armloads of wilted dogwood and
bruised honeysuckle.
I cannot bring myself to believe that those dream-hills
are mnleNucy iv: Wie Wiougiticss wuvug. inev are not for
the empty-headed. gabbing, hurrying, scrambling mob.
They are not for the greedy money-changer, the cunning
schemer. the crass monger of mere material things. They
are for the dreamer -- the detached soul - who can stroll
unhurrriedly and thoughtfully, picking his way carefully,
parting the boughs gently. pausing here and there in
entranced bewilderment, catching the subtle notes of the
great svmphony of harmony that wells from a thousand
living things - from the katydid’s small snare drum to the
bass horn of the great hoot owl - flooding the echoing hills
and filling the hungry soul with a satisfying melody that
passeth all understanding.
They are for those who can wander aimlessly through
the sunlit glade and dream languidly on the soft bank of a
murmuring stream while the lengthening shadows leap
across the golden-tinted hills and twilight steals up like a
shadow. They are for those who list to the song of the
whippoorwill and watch the clouds, ghost-like and white
that turn and change their shapes in the fading light while
the distant bullfrog strums his banjo as the curtain of
night falls mysterious and solemn.
But cruel, coarse commercialism knows no beauty, no
harmony, no peace, no tranquility. Soulless corporations
are throwing great, stark dams across those peaceful
streams, slashing the pawpaw and the butternut, rending
the tangled grapevines and cutting great, gaping gashes
in the sheltering woods. They are changing the peaceful
valleys and restful countryside into a hurrying jumble of
roaring motor trucks and the quiet villages into
mad-houses of hawkers, peddlers and _ pestiferous
purveyors of worse than worthless so-called modern
merchandise.
THE OZARKER, No. 66. Page 13.
‘(Sear Dor
She Ozark Hills
- O. M. Thomason.
Arcadian Magazine for November, 1931.
And this, one ot our last charmspots, is being gathered
into the voracious maw of insatiable avarice and greed. A
paradise, dropped by the generous hand of Nature, is, I
fear, to be ravished, raped and mutilated and made the
habitat of a harried, harassed and unhappy people
seeking satisfaction by destroying peace.
In atew more years the ‘“‘folk’’ of the hills will be gone
and only the ‘‘folk-lore’’ will remain.
But I suppose that such is the course (or should I say,
curse?) of civilization.
She Schooleratt Story
An account of the Ozark Explorations of Henry Rowe
Schoolcraft in 1818-19 as reported in his ‘‘Scenes and
Adventures in the Semi-Alpine Region of the Ozark -
9
Mountains of Missouri and Arkansas.
INTRODUCTION
When Henry Rowe Schoolcraft, noted mineralogist and
ethnologist, was in his twenty-third year he developed an
ambition to trace the route of Ferdinand de Soto on his
fatal trek through the mid-American wilderness in
1541-42. That was in 1816, thirteen years after the
Louisiana Purchase. Schoolcraft, born at Watervliet, New
York, during the first year of George Washington's
second administration as President of the United States,
wanted to take a look at the vast Ozark country then
occupied by roving tribes of Osage and Pawnee Indians,m
and ‘‘trace the track of the Spanish Cavaliers west of the
Mississippi."’ White settlements were few and far
between in the Ozark wilderness at that time and it was a
hazardous undertaking to venture deep into the wilds.
Henry had studied at Union College and had a good
working knowledge of science, especially of mineralogy.
His ambition to see the new country was realized in 1818
when he headed west, bent on exploring portions of
southern Missouri and north Arkansas. The next two
years were spent in this vast undertaking. His report is
contained in a comprehensive volume published
thirty-four years later (1853) by Lippincott, Grambo
Company, Philadelphia, under the title, ‘‘Scenes and
Adventures in the Semi-Alpine Region of the Ozark
Mountains of Missouri and Arkansas."’ This expedition,
the first in the Ozarks, is of vast historical importance for
Henry was a good observer and made careful notes on the
things he saw. He was largely on his own during this
wilderness journey, but his success led to employment
with the United States government as Indian ethnologist
in the Great Lakes region. His greatest literary work,
consisting of five volumes and published by Congress in
1851-55 is entitled ‘‘Historical and Statisical Information
Respecting the History, Conditions and Prospects of the
Indian Tribes of the United States.’’ This work is now a
valuable source book for students of Indian Lore.
UP THE MISSISSIPPI
On the last day of June, 1818, young Henry Schoolcraft
was on a barge at the junction of the Ohio and Mississippi
rivers, headed for St. Louis, which had become the
leading trade center of the western frontier. His first sight
of the Mississippi in summer flood was the realization of a
boyhood dream for, as he noted in his diary, ‘‘the
Alogonquin name of Mississippi has been floating
through my mind since boyhood, as if it had been invested
with talismanic power.’’ The second paragraph of the
first chapter of his ‘‘Scenes and Adventures,’’ records
this impression:
‘‘The reading of books of geography, however, makes
but a feeble impression on the mind, compared with the
actual objects. Born on one of the tributaries of the
Hudson - a stream whose whole length, from the junction
of the Mohawk, is less than two hundred miles - I never
figured to myself rivers of such magnificent length and
velocity. I had now followed down the Ohio in all its
windings, one thousand miles; it was not only the longest,
but the most beautiful river which I had ever seen; and |
felt something like regret to find it at last swallowed up,
as it were, by the turbid and repulsive Mississippi. The
latter was at its summer flood, which seemed to be
charged with the broken-down materials of half a
continent.’’
It was early in the afternoon of June 30 that the
heavily-manned barge approached the confluence of the
two streams. The captain of the boat was a ‘‘stout-hearted
fellow,’’ well schooled in river navigation, but he thought
it best to wait until morning to tackle the ‘‘father of
Waters.’’ Henry remained on the barge through the night
and did a little fishing from the lower deck. His only catch
was a gar with long bill and sharp teeth. He was amazed
at the struggle of the waters as the two great streams
wallowed into each others arms. He wrote: ‘‘For miles,
along the eastern shores of the Mississippi, the clear blue
waters of the Ohio are crowded to the banks; while the
furious current of the former, like some monster, finally
gulps it down, though the mastery is not obtained, I am
told, till near the Chickasaw bluffs.”’
Early on the morning of July 1 everything was in
readiness to tackle the watery giant. The crew-men
paraded the deck of the barge with long poles shod with
iron which they used in pushing the boat upstream. They
placed the head of a pole against the shoulder and walked
from prow to stern, keeping their footing by means of
slats nailed across the footway. It was a hard pull against
the swift, muddy current and they made but five miles the
first day. Henry was the only pay passenger and he
occupied himself by making observations, but there was
not a great deal to see except muddy banks bordered with
dark forests, and the flooding river with floating trees that
had fallen into the stream at higher points. In his
notebook he penned these lines:
‘Nothing in the structure of the country appeared to
present a very fixed character. The banks of the river
were elevated from ten to fifteen feet above the water,
and consisted of a dark alluvium, bearing a dense forest.
When they became too precipitous, which was an
indication that the water at these points was too deep for
the men to reach bottom with their poles, they took to
their oars, and crossed. to the other bank.
‘‘When night came on in these damp alluvions, and
darkness was added to our danger, the scene was indeed
gloomy. I remember, this evening, we tried most
perseveringly to drink our tea by a feeble light, which
appeared to be a signal for the collection of insects, far
and near, who by their numbers and the fierceness of
their attacks, made it impossible to bring our cups to our
mouths without stopping to brush away the fierce and
greedy hordes of mosquitoes. Amongst the growth, cane
and cottonwood were the most conspicuous."’
July 2 and 3 were two days of strenuous toil with a gain
of only thirteen miles during the forty-eight hours. Since
they kept moving about twelve hours a day that meant
progress of about half-a-mile an hour. It was considered a
‘snail's pace,’’ but this mollusk’s average speed is only
000363 miles per hour, which is slow indeed. The .
mosquitoes continued to torture them all along the way.
July 4, but no halt to celebrate the national holiday,
except that the captain was a little more liberal with his
‘old Monogahelia,’’ giving each member of the crew an
extra measure. This served as a pepper-upper for the
hard day’s work. They saw a wild turkey and a gray
squirrel on the shore during the day and Henry figured
they were passing out of the inundated region. After
ascening six miles they moored the boat at the precipitous
bank of an island. A cave-in during the night made them
tremble with fear, but they dared not move in the
darkness. They left the spot at the first streak of dawn and
made eight miles during the day, arriving at the Tiawapta
bottoms on the Missouri shore. Here they found a
settlement with six or eight farms growing corn, flax,
hemp, potatoes and tobacco. Henry made note of peach
and apple trees and the wild persimmon and paw paw.
Labor trouble came on July 6. Henry explained:
‘Early in the morning, the oarsmen and polesmen were
at their masculine toils. | had feared that such intense
application of muscle, in pushing forward the boat, would
exhaust their strength; and we had not gone over three
miles this day, when we were obliged to lay-by for want of
more competent hands. The complaining men were
promptly paid, and furnished with provisions to return.
288 SUPREME COURT OF MISSOURI,
The State v. Barton.
used in the caption. The question as to whether the words |
character, is one of fact to be determined by the evidence,
and as the court, to which this question was submitted,”
ance of evidence. Steinberg v. Gebhardt, 41
OCTOBER TERM, 1879. 289
_ The State v. Barton.
the body of the ballots is not truly indicated by the words ¢
in the caption of the ballot truly indicated its political
without a jury, after hearing all the evidence, found, asa”
fact, that the caption to the ballots i in question was not, in
_ any manner, designed to mislead the voters, and in fact did ©
not mislead them, its finding is conclusive, it not being the 4
province of this court to weigh the evidence or disturb the”
judgment on the ground that it is against the preponder-#
Mo. 521;
Blumenthal v. Torini, 40 Mo. 159; Gillespie v. Stone, "J
Mo. 351. a
This view of the case renders it unnecessary to cone
sider the question presented as to the sufficiency of the |
notice of contest, as the court, after hearing all the evidence, |
determined that the notice did not state any valid ground”
for the impeachment of the ballots therein mentioned, 3
law.”
| AFFIRMED.
him a fair and impartial trial after having heard the evidence.”
’ He further said that “It would take evidence to remove the opin-
* jon thus formed.”
_.. disqualified him to serve as a juror on the trial of the case.
Held, that he had not sucha fixed opinion as
(Fol-
lowing State v. Core, 70 Mo. 491, and other cases.) Henry and
4 Hovau, JJ., dissenting.
Criminal Law: puNISHMENT OF YOUTH UNDER SIXTEEN. Section
me? 15, aig: 9 of the statute concerning crimes and punishments, pro-
* vides:
“Whenever any person under the age of sixteen years shall _
be convicted of any felony, he shall be sentenced to imprisonment
ina county jail, not exceeding one year, instead of imprisonment
in the penitentiary, as prescribed by the preceding provisions of this
Held, that this section makes imprisonment in the county
jail a substitute for imprisonment in the penitentiary only, not for
. the death penalty.
Appeal from St. Louis Court of Appeals.
. ; ’
T. G. Johns and C. W. Wilson for appellant.
J. L. Smith, Attorney-General, for the State in argu-
bee
oR
>
TIIM ‘NOLYVE
-
_
~~)
We T
2
ment cited as to the competency of the jurors, State v.
- Baldwin, 12 Mo. 223; State v. Davis, 49 Mo. 391; State v.
; Rose, 32 Mo. 346 ; State v. Lawrence, 38 Iowa 51; State v.
' Bryan, 40 Iowa 379; State v. Williams, 3 Stew. (Ala.) 454,
© 465; Rice v. State, 7 Ind. 332; State v. Sater, 8 Iowa 420;
| Sanchez v. People, 4 Park. Cian. R. 585, 553; People v.
» Brown, 48 Cal. 253; O'Connor v. State, 9 Fla. 215.
‘Judgment affirmed, with the concurrence of the other®
judges.
Tue Srate v. Barton, Appellant.
1. Competency of Juror who has formed an Opinion. Oneof ©
the persons summoned as jurors, on his examination on the reir;
dire, said: ‘I have heard the case talked about a good deal. I
have read the publications in the St. Charles papers with reference |
to the case, and from what I have heard about the matter, I have
formed and still retain an opinion as to the guilt or innocence of ©
the defendant. I have not talked with any of the witnesses or any™
one who pretended to know the facts in the case. I formed my 4
opinion from what I read in the newspapers and conversations I’ve |
had with others about the case. I can hear the evidence and ren. *
der a fair and impartial verdict in the case regardless of such opin- 7
ion. I have at this time no bias or prejudice against the prisoner, %
from what I have read or heard, which would prevent my giving |
4 Napron, J.—The defendant in this case was convicted
-of murder in theftirst degree. The evidence and instrue-
jtions are not preserved in the record, and the only points
presented for our consideration are two:
First. The admission by the court on the panel of
Jurors of two persons, who, on their voir dire, admitted that
“| competency or they had formed an opinion from rumor,
4 pp ikon wi0 Has but stated that they could give a fair and
- impartial verdict in the case, regardless
pof such opinion; that they had no prejudice or bias
19—71
“*"oggl ‘9c *dbW Uo foW ‘SeTaeUp °3¢ 48 peBuey ‘HoOeTQ §
banlon 9 ( BARBER ) 9 Williamn,- hanged
ead St. Charles, MO, “aren <0, 1880,
PARTON, William :
Barton, a black youth who was born on dune 9, 1863, was
employed by James Clutterback, a respected citizen of
Ste Charles, Mo. Early in 1879, Clutterback rep roved
him for doing his work improperly and for being lazy and
varton, in a fit of anger, murdered him, He was convic-
ted on June l, 1879 and when sentence was passed he
appeared to be indifferent, saying only that he did not
think he should be hung for the mrder, Case was
appealed (71 MISSOURI 288), He was hanged in St. Charles
before 3,000 witnesses on March 26, 1880, Maintained
indifference even though he was converted to Catholicism
one "week Defore execution, Sheriff! was ashen freed and
trembling as he read death warrant while Barton stood on
a box on the scaffold, both hands in pockets and shifted
weight from foot-to-foot, “hen asked if he had anything
to say, replied: "I ain't got much to say, I did it and
neat suffer, —I_hope you-will-al1-pardon-me-and-I-forgiv
anyone who may have injured me, Goodbye, all, and may
~ God have mercy on me.” When he was asked to put his feet
"Certainly," This was -last word. Neck broken,
lL MISSOURI 288
e
- YOONG NEGRO MURDERER'S SENTENCE. =
Cusbama, ‘Mo., July. 16.—William Barber, the
eres of dames Clatterbuck, ‘who. was convicted
00 June 6th of murder in the first degree, was ven-
! teneed to-day to be hanged on the 25th day of August,
© 4870; Barber la a negro boy, only sixteen years old.
Ye Heoetved Die sentence with indifference, and re-
= §, when Judge awards asked him if he had
- Raytning loony, Wat he 4d not think he ought to be
"ung da what be bad done, Judge Edwards hes
granted 6 @f sxeoution, in order to give Barber's
9" am petasad oxtunity to take the case before the
GA Lee CP oe Bs long, ORR: SALALS oe a
HES ayy Or2t> Nth Lay Atoade Ep ining htt
Ad, Paden Gd ynureue Of tie Dieta Teeth Cre
eet. He Cheep piel av(O'SY aera (arrive Ve —_
Ged Lo_ Loe (La pt_a CoutreLid Gf 2agiiry 7G ta —
ertin (bt: ete Mate, JLo Sf £GS :
UL Lhe aes ee wrac hanged tu Tefal
= ere Las . (2 Mules leo G kere. at bb ebpel( this Aorriny,
dhe redes f Edward Ftypolliamme, G atutear Con ditlir br
SH ee (tes peele Urs Wretlen Be. Her rare oltarited hin
ptd al-fe tidte 6 he dugg bled luke Tie hte-at Wrz ahyutd
Mut ray, 4 brtlrs Y fetta Cite has Age ellie te pat 228
we ss lene aca,
Meek “2417411, B yu fw (tale lt wUbelecee
B Lhe kan oon an
the bradbeuterdug
ain th Ae. eA
| oe @ ares PuC Pas TY Tre Tlie Ve TTPOOTT TT enw""niT 0 ~ =
beendl. ee a | vy Thiners oo 4 his Httle Chayers after fhe exeeution
ae Hhawwy trenine with ven Baahs and preseryed Hl tntact, and the other
ed, “Buthde with yeu, nod foam day IU was brought down here for the
ola toa kdl your” With that he placed
purpose of having it mounted fora
watch charn,. A Johnson county
constable was the one who brought!
the ghastly relle here, and it was ex-
me pistebomust Patmer’s head and fired,
1°
thiners teed just du
heoenterof the temple aad coming ont
Hohine dia Car, Publmer ucver lived a
higiute atter he was shot, Phe pistol hibited to several persons. |
wasse cloce to him wheat weatefl that One tria) wlll do more t6 convince
theo pewder from the ex; loston burned
bis fuee and hair,
}
Rorks thenfran out cf the den through
yowof the merits of Dr. Sawyer’s
Pustilles than all we can suy. Ladies,
try a sample package. Sold by J. D,
ads & Co.
tierear door into the back yard, | tle
lod behind some poxcs there for about
hoit anu hour when seeing Chat it was Warsaw Enterprise: Warsaw was
becoming tog warm for lian be crawled . higbly favored with preachlog talent
thrench a hele in. a fence into a yard last Sunday. Kider Samuel McDaniel, |
wintu wasrurrounded by aboard fenc:
of Warrensburg, at the Obristian
church, proved tbat he had not failed
toimprove his time and has grown
intellectually and stronger in the
faith with increasing years. He was
accompanied by Rey. Quigley, a mis-
Banks was brought for trial in the slonary collector. At the Baptist
enmuinsl courtef Pettis county at the church, Rev. James, of Holden, and
Veeomber term P22 thisluwyers White | ) 5 Ar
Ace ilies Gh edwin Rede Mel Planett, the regular pastor, were pres-
ent, continuing their interesting and
tion for a change of Venue to this
county, which wag granted by Judge successful revival meetings. }
eeoht feet high. there he was captured
fowathdites later by Shari DeLong
itdouved in the Pettis county fail.
Yhe Trial.
echine,
> Tbe case wae called at the April term c
epminal court of this county. The aa elr. q, \ ¥ qh
defaps made strenuous efforts to have cot
tne ense continued wll the next term, STA K “49 yj iH r i fe
eriming two of their mest important WY AARENBRURA, meh,
witnesses Were missiry and that a great
}oaldepended ov ther testimony Judge
Ryland gave tbema week in which to
cece these witnesses, Which the defense
Coed te dontd tiie Tacdee ordered tha
crse to be tied. ‘ |
Prosecuting Attorneys Hoffaan ef Pet |
tis county and T, C. Hornbuckle of this |
ele represented the state witle Whitectt]
& iinmmer of Scdutia looked fter the |
Cet naant’s side af the case, They were |
appointed by Che Juduee, Banks bs gi
innatlde towkig a IAWYET. From the cv;
ope inthe ie it was clearly proven:
that dae mupdér was a cold blooded one.
Vine juiy etore which the ense was,
tried was composed of H. BF. Clark, J.
Wo Cadwell) eae ick nian, We Be.
Kelley, J. W. Gartison, J. D. Brown, W.
3 Brown, Merritt Stonons, Joho Lig,
eias, Doe Waruick Porter Renick, and |
ied Rosa. |
Battle
From page one
then ate fried chicken that had been
dipped in their blood.
Carnahan’s office is studying Bat-
tle’s request and declined comment.
Carnahan is the only governor to
have convened a board of inquiry for
a death row inmate. He did so in the
case of Lloyd Schlup. A court has
delayed Schlup’s execution, and the
board’s investigation is continuing.
Attorney General Jay Nixon criti-
cized Battle’s latest appeal.
“They had hoped it [DNA test]
would exclude him, and it doesn’t; it
just adds to the volume of evidence
the jury saw,” Nixon said.
Ahrens wants a sample of Pres-
ton’s saliva to be shipped to a lab in
California for testing. The lab might
find that Preston, too, is in the 1-in-
2,000 category and is a candidate for
the rape. Or it could exclude him.
The lab excluded another man, Tracy
Rowan, whom Battle had once
blamed for the rape.
“Their theory and story keep
changing,”’ Nixon charged. “This is
exactly why it has taken 15 years in
court action.”
DNA technology was not available
when Battle went to trial. Nixon pre- -
dicted that other old cases will be
delayed by inmates wanting DNA
testing.
“People are going to be demanding
this right and left,” Nixon said.
When Preston confessed to mur-
dering Johnson,
authorities didn’t
believe him.
They thought his
account of the
crime was too
vague. Preston
said that he, Bat-
ant ys tle and Rowan
Battle had _ burglarized
Johnson’s apart-
ment, but that Battle fled before the
elderly woman was attacked. Preston
denied raping Johnson.
Preston was never charged in
Johnson’s murder; Rowan was ac-
quitted. Only Battle has been convict-
ed. Battle was 18 at the time of the
murder. Court records say Johnson
was 80, but her family says she was
82. Johnson and Battle were neigh-
' bors. She called him “Sweet Boy”
because he often would shovel snow
for her or carry her groceries. Battle
told police he and Rowan broke into
her apartment July 5, 1980, to steal a
TV. He said Rowan raped the woman
and they both stabbed her. The
butcher knife was left in her eye.
Battle’s shoe and palm prints were
discovered in Johnson's kitchen.
Execution Wednesday
Officials at Potosi Correctional
Center are preparing for an execu-
tion at 12:01 a.m. Wednesday. The
inmate is Emmett Nave, 56. Nave
was convicted of murdering his Jeff-
erson City landlord by shooting her
16 times.
‘Dhey ace clever ieilows, end. poiile, ac- rest in security, uodistuised by the Gand Shac tee "5.B. HAWKINS. - :
cuom.godating deatere.: S-ccess to “em... -of waking up some fine warning, only io, , ae ‘Th re St. Lovie Rieeil!
—s " . : . bre ’
find our press aod types, oor books and | ; ak “rival at that | city of} al
7 4+ eo fee See Trsecex’s advertisement,’ | specs, % | Col. Benton, ia one of his letters. te ‘fromm Ci itosoln + ae
Bey: | P9pers—constita: ting ocr Ente cll--a- “the Laqnicer, seeakinz of Lewls county, prom wa se
VEY. \who has openet a new Grocery Store in ; ‘ by ithey were t tad ot the or.
= . : pees y to the devouting element, 3 heap! says that “the county i is iri A itm,” 7 Ben ! ‘they . 9 ¢
1 .
uiily fa.
) nee Of ruins aud the wrees of eur ao Ote ,ton. -) Such are Sis oun. words, anil he ; cuuse they. had encos bh ae
* «Cep" his ace vital new stock of wealthy neighdurs. - These pizasing | italicizes them, in order to make ihe de:
: Fort! to We pas
Groceries. : ‘tho: nghts pesre.| thrones our Gitnela, as claration more emphatic. ‘We. nee | +Col. Beutow fu
en ee RT ;
Out admiring eyes followed the Seautiful ‘only say thatthe assertion is- about asi Mr. Eoitow:— ..}3 fa
= MARIOY CINCUIT COURT. ‘Il fel ba , -¢ | 1 ; 1 Une resson..ansiqs ang
» pisivg “jt aenne® minac nine, and we felt ulinos! as much ce far from the tirut as Whe ha ec axed! = SE
Our citizens wi'l be rejviced to learn | con in suppeit of tis -
f Iatel as tbe joyous troep of boys tbat! that an aazelic host had wanes cad on te: “3
that one of the suits against the owners: swétt slivaltag taviteuesin eas ee aad a Pes mes ; olutians of instruction Ts Ae:
yd _ : srobation i his
of property in our city, on the ground ; Py een vor d cit
P ~} 2S ? s 5 me:
of defective Utle, which have been $0! The Engine was depos.ted i in a sofe'sacrtesious can The “Reporter,” pub- uti jun of the Caited Std
Jong penling in the: Marion Cirevit piace, anJ Saturday was the day ised Stished in that county, avers that there!, cS
‘ b . j ueis nut borad to ober Ue:
Court, has at length been deter mine! i in .UpOG to test iis capaciier. Saturey jure Lut four Democrats in the county | one uf those, who ceny (fee.
theie favor. The case to which we refer comes Oud with ina dezaiy, dirty ru iy | who sustain Beutun, aud ong Qs: them is; tative bas a right, to julie
: wail the fw t's ae og. Morning. There war some hesitation | Jimaay Ellison, th 7" 7 4
jz the suit brought by tre heirs of Thos- son, whe recreant lez islator, | constituents have’ exceed mt
C. Rector, on an action of ejectmeat n- | adou: vringing oat the nic2 and gli: tor b who repadratet his awn role rT Ben. t their ins cuctions. Fle? -iRge
. Rector, s
7 . oe vey : the! ’ nd vie? \ oe
guiust the boilers of certain portions of ing ssructure in such weether, Lat We ton shuu deter visit shat Teg! jon again, ‘ lelegated Yo: trensset t
i - . } . itis for them: aad not: fo Shee
_iown propery. JudgeWetrs, aftes lise: sledice lo “trz ner” Was.jon great; Oud -ity ine. will bé ins gteat danzer oi. ‘jasictment, ” ‘e he! : ¥
: ey * : #5
came, an.tdown to the siver it coiled.-- fora libel upon the people, and -al-o as ther will have thetr us
til caunst conscienticps!: ae
tening to the pyints made by the plain. .
: tifa, ed ater that an actionable case “Vl was ready, and at it they went, per ee ae im profucing invarrection i
St4
heey
2 ” but! ar 7 i jute manner. they. wishte
| hat not seem brouzht, ard the suit was , °7§¢! wih hope and ex; ectaien; but: mmongibsir ner roes. His appearance | ; cn his ag
i! duiBto resizn his agenc Mie
dismissed, .atas! these hopes were sudivuly dashed: tere agai ‘a. night ccavince ‘even. bis: 8
| Nov |
. ‘ it the Bberty of eppointinz ee.
: a 2 ‘ .
We leara that ip is ‘he opinion ie to the ground, evenas the water ine | stubborn Mature tat the penpis,. AT pout ‘do ivaccording tu their 1
. tre . ”
eminent counsel and able jurists, thar: fell: Another and another attempt was bewith him,” were “after him,” and thats
itis motto my mtrpose 2g
the other claim still pending, known as. mace, wiia no better success. The paid a a pretty talersbir sharp stick. I cuss the question a3 to fae
7 ope sapifoat: « t ~ £ .
’ she“ Vail Claim,” is likely to share a: S"PS outia a beautiful stream, but fell ; constituent to instruct h
: ' . : f bk At Jackson,.as ha rose t3 speak Col. !
: virsiler ‘ate. lt is proncunced worth, dea:l, scarcely twenty. feet from t 2 neze: saa the duty uf the repr
ae . . -
Ye 1 ee ee, and no effort-coull force it 10 a; Benton was presented with a avte, by 2 uss instructed, to obec
. —T > *. ess, .
=
* Brent ep iistance. Alas! “whata fall was: teepeciable senteman. “Tustead of ta-! design isto sho: w thot C Be
Unere,” both of spirits and of water! thing it, he requested the centleman to’ _clared rae i: - his constit fame
: ih until he hal gor- throng shy and then him to cast a vote as Unk
The. cetesminaiion of these’ suits wilt.
frae our city froman incumbrance that
_ es . . ° ' criou ann; ; taaen:
haw hung heaviiy upon its prosperity. —;, ded iuns were volunteer? “ nisvion of tie Bae
‘to Sahat ezn the matter be Sum ae i dudged without giving - an oppurtunity tor in vinistion or a
ae
We have, thore!ore, the pleasing Droes ,
—< . : would resign his pace. ies
sce before’ua, th th the ws woseesied thet. tha. loce was.noe cuod ifor is eacond. presentation. He’ alier-.
_ pecs 2,0fe va, thal W { 2 opening ot sf = . ae eiegsts rte thy fe Pneeen ee
_ — “4 ‘veri tae the Fact _— . wards, in_ conversation, spoke of the “not tristet: their bnew ¢
_ Snrinz, willhbecin ace i , Oret: thas the Ensine wes manned with! nae} caupe:
Spring, with beciur a renewal ul improve. = » concede, however; that
7 a ‘unpracticed ha w thers. baht! ‘circumstance, and seid —] bid bia heli CORSE, Hower ess ©
aA menis, Wore numerous and uainterrun - ne ints, Ge PENEES DRVEET ED © oF i Re cheated m2. vs-xav eed’ ~
Ss . vetth he capi tty Oi ety? 2, 23 un¥y Uu-- =
ak - rel cthavat any former period, vasteredthot it locked snficiert power!” ri a ee ae
sO ee ee - vand force. Weare informed by a mem-:%OY :
= i 1 ainiy ty st yal -
ay ee Raters Seat ee ee ‘ber of the Company, that the true ‘caose | Beaton is certainly the fmunst ¥our :
22 \ The tial of Dex, the negro of Thos. of failure wes the burstinz of the hose, gloriuus men of the age. © His -riciet : 4
x Glascock, for tbe murter of Mr. Michael ofwnich they have only 2 small grain “ty Tus estimate of his own imberious poy Lr. :
wa “4% ; ; : ms nila. ie «: oberg. . Sas
+ Bright's childcen, commenced at Paliny- of an indifferent character, given them /&!S* stronely reminds us ofan rmnsc . iE
— on: ; = : 4
: ra 00 Monday lust. The prosecution by the Company of which the Engine; ‘character in un old play, whose_ co: i
C
, Was cork lucted by A. W, L anc, Circuit: was durchased. New: hese wi aH be ore -ceited oaastin as rum in this Ww isel—
\: Avtorney, a Tuos. L. Anpenson, Esq. dered, aud a fairer urial given: to the!" — of boldness 1 ‘be ever mc ; zs
me . Messrs. ST. Grover and R. F. Ricn-! powers of the machine. The opinival OF saan and ofanis cht Tanaster every m: _ a:
~ xanD, by appoiatment of the Court, con- ; has been freely expresse-] as to its toial berms oi niy, dowtiness the cevil = ah He
> cucted the defeace. The Jury was enm<'incepacity lor any very use! t parpeses For ot both i heaven and-of earth I nek et ia
> _ Paanéled Monday, and the whola of but we are pleased to learn “— t thissisi > cemtaye. ; _ fa
< - Tuesday orl — was consumed in incorrect. ‘The purchasing Cumiitize al This aniablo oll chap, who way cr - : = :
eIaMining witnesses “| witnessed its performance before, bus: gel Heol, was modest compstes ; leas §
We have a fall report of the-evidence Tieand were perlectly setisGicd as to ite’ Benton's boasting. _in the dan; gbose: Seg Li §
~ which we wiil publish cext week... The’ eomreneney: The public, in the mean; LLamlet, “hep ut-berods Hérod.” : g
> - ey tae. - alee eee om ; :
as thee will probast¥ close to-day. ‘time, is respectfully retested to suspent ; ‘The Pasis Aleteury d enguners, in v- ve Sat 5 s
3 re Es Sartaip’s Magazine. ; its Jy sduazot, until a wees triak cca Le Proper teemsj-the unworthy act of a 4 aes
D The Deceaiber number of ‘Sartain’ is, Mae “ienton in :efssing to pay a-printe_ . -- gE
wr .. ‘already on our table, Glled with new and! Tbe only result of be feureen Satelyit at Peiingra, bet the el-ot sory a Teer
mint —Veautiiel things. ; The engravings ‘are UUas, Wwe ars happy 3 state, was hopes there is some in nistake aboot ar i aS eae ce
ee “more numerous an elegant than any, dainpena litte, forthe tine, beth the yy. statement. _Im sprobabi © AS TU TE eu cen ore tenet reer
former number. “The Brothers," the spisnts and the boics of the Company,
,« “Rustic -Wreep.”
his Family at
eet, 1556," a:
"Tae ~ bee ul Bae.
st ahs. is hone the less true. | We ree-bls piare~ Figs, be
gal “Luther ainidsti fom bota of which they fi have al | re the Mercury. ocd ail ‘others. who 3 abuat appeals, fees ia ¢ oe
| : P ns requ: Be
Wuenberg on Christmas recovered. _ “celye in-tructio gq
tea! gems in themselves; *
- Tine tnink the -siery the resule af preyus
one y P j couteary 3 ia his * -sense ul
“The Friend of Youn” 1s the file of} vdice, to Une" Administrater Lg Pat a om ut % Ny. So, fac irom Ue
{who ina Whiz.) aml to the W his pa- iy soa roady.aad,will Be
‘ tended fur the juveniles, ixeved by Nirs. jper iy thas v laces which, , if it hss ONY -vishes of jis. canstituc §
ter, which with its varie and really late’ calljitis in favor of Coionel f
windes ly /M. ‘LT. Baier, Washinzton City, at 50, “prejudice at mats at ts edad conscientiously | br 30, OF
fashion plates, make v a@ magazine of; enton. oor ane pe olece.?. Now h #
is P p Feents per month. Froma clence at its{ 8 a oe _ i sign hieo
illustrations worthy a place on any table. i .
Diab p! y ages, we think it ailmirab! 4 etapted 1o| We learn from the Lobisisna Banner ,* ith to vee
. It is not slone of encravinzs, however, nsiets reqtire hi 4
~ marie tue purpose designed. Parents could l that General Atchison addrested the cit- 4! ilutiousl #
“sense ef Censtity oua
Newt lene a pore accepiavie present to izens of P ike county, ab Rowlingréei, en wiling now, 28 in 191 i
their children. ° the 12 thiaest. .The Bannec speaks his ns} | plac’: Noy he bow rf
ethereare sev eralof ahis-|
torical, biogranhic an.) humorous charaz-
ur besides the
“a very heat little monthly mazazine, tn-
i=
truetions trom: ‘his can= a
| that Sartain’s beauties are made up. Its |
—_ pages ore. filed with articles frem the’
baat and: purest. writers of our time.--.
; The preseut numbet conch ides. the inter-| We are gtr to learn that 2 new Dem.! h ye ee “We aml A wicks de resis wn. > He *Ppe a
“3. sting novelette by: Wi ide, of Roan- | ociati ic Peper: is about to be ‘established | — lon’ o_o meeting: next Werk, d3 in- -thug: refesing to ‘e
a ee, be : 7 , walter boom debats. dé hist At the! eit retal iAlny hia seat °p
' The sergeant was struck. seven|
times before he was able to crawl
around the southeast corner of the!
house and: out of the line of fire.
One bullet lodged in ‘the right
Fung. t
. The lung- wound caused pneu-|;
nionia to: develop, :
: Police Dead to Four.
Others slain ‘were Charles Neaves,
30, Negro patrolman, of 2406 East
Twenty-third street; Charles Per-
tine, 46; Patrolman, of 1109 East
Armour boulevard; Sandy Washing-
ton, 26, Negro Patrolman, of: 1820
Rast Twenty-second street; William
Bell, 33, of 1334 the Paseo, the Ne.
sro gunman, and Edwin Burton
Warren, 27, Negro, of housing unit
°, Twentieth street’ and Prospect
zVenue, a bystander, shot when he]:
failed to heed a police order to halt.!
. George Bell, 34-year-old brother
%t William Bell, has been charged |!
vith first degree murder in connec-
on with the death. of Neaves. His}!
tddress; is “11LL Kast; Thirteenth
street. Ce pe ae ar
Sergeant Wells, who attended col-
ese three years, had been an ap-
-rentice embalmer. before joining!
he police department in 1940. He
Vas a sergeant four years. He was
Jorn in Centerville, Kas,
- Offer From Paiut Iirm,
Cpl. Edwin Kirk, who, like Ser-
‘cant Wells, was assigned to the
“lora avenue police Station, said to-
lay that Sergeant Wells. had told
oe ee
on.
Benefits totaling $4,500 will po to
sergeant Wells’s family. of that,
2,000 will be from, police benefit
asurance and $2,500 in monthly
nee from the Police pension
und.
omorrow
Vednesday,
Sergeant Wells leaves his wife,
‘Ts. Rose Lee Henderson Wells,
nd two daughters, Marcia Wells
nd Linda Wells, all of the home;
nd iS parents Mr oand ure
noon
Bewe cere
pastor ‘of. the Troost Avenue Meth-,
odist church, pointed at the outset
to-his personal feeling of loss. He
had been a: personal friend of Per-
rine twenty’ years, the pastor said.
He ‘had known the officer as a man
' of unusual generosity and kindness,
one..who. always had been alert to
help.’others at. every opportunity.
The pastor ‘paid tribute also to. Per-
rine’s:courage, :.° -*
- A»Masonic ritual was conducted
by Arthur. D. Johnston, 3616 Cen-| -
tral street, representing the West-
port:lodge, of which Perrine was a
;member.*'The police. officers and
‘others who are members of the Ma-
sonic order joined in a part of the
’ solemn ceremony, : =
2 FELLOW POLICEMEN srRve.
.A color guard, a guard of honor}:
finda. 16-man motorcycle escort
were ranged outside as the casket] -
was borne from the chapel. Mem-
bers of the color guard were Edwin
Clark, James K. Birk, Peter Neno
and Charles Quick, ao oe
- Burial .was in Memorial Park
cemetery. As the Rey, Olsen fin-
dished the benediction, the guards]
and the escort body came to atten-
tion and rendered a final salute. A
volley was fired over the grave and
a bugler blew taps,
Services for Charles Neaves, Negro]
Officer’ who was killed in the gun
battle, will: be held at 9 o'clock this
Friday. at the St. Joseph Catholic
church. Services for the third of-
ficer who was kiled, Sandy Wash-
ington, Negro, will be at 11 o'clock] .
Saturday at the’ Paseo Baptist
church. - { :
"|
'. that William Bell, brother of George
|
*% Neaves and Washington “was pbe-
-in which many shots were fired.
“answered a previous trouble call to
- the apartments were Sent to the
JLICLAG VUUULLIS av rv0% Las SAICY.
Within a half hour four men had
been killed and two men had been
wounded fatally. in heated battle
Scores of police converged on- the
‘building, = - Sone
Two Negro patrolmen who had
. building after a woman told police
Bell, had threatened her. on
". TWO PATROLMEN ARE KILLED. |< -
ee ee
1s coat.”
Bell said th
brother they
* also, - -
mre
<>
The patrolmen, Charles Neaves,
30, and Sandy Washington, 27, were
killed by shotgun blasts as they
attempted to arrest the Bells.
Witnesses said George Bell seized
The defendant saiq that William].
he would not
n the Shootings,
® shotgun and shot Neaves without
warning. Then William Bell took
the weapon and kille Washington,
they added. : ;
Charles Perrine, 45, of 110
Armour boulevard, and Charle
Langley, 32, 4115 Troost avenue
patrolmen, received a call to assis
Neaves and Washington: William!
Bell, hiding behind the north wall
of the building, shot Perrine to
death, witnesses Said. Langley
ducked into the front entrance and
escaped injury.
Reinforcements arrived. One of
the men, Sergt. William Wells, 34,
of 7632 Grand - avenue, was . cut
down by reyolver bullets fired by
William Bell. He died later at the
General hospital.
William. Bell finally was trapped
In a crossfire at the rear of the
building. . Even ‘ after he fell he
Ody into the hallway and fled: He
ter at his apartment
Was arrested Ja
t Q—Did yoy kn
Premises? . .
A—No, ;
William
ness.
continued to fire a revolver, wit-
“nesses sad. A fusillade of bullets
killed him. A revolver was found
in his hand and a police riot gun
he had taken from the car of
neath him.
: “A BYSTANDER Is sHoT.
A bystander, Edwin Burton War-
. Yen, Negro, 27, was shot fatally by|'
®& patrolman in the‘ confusion.
George Bell was arrested early the
next morning at his home at 1111
East Thirteenth Strect.
Nine ballots were taken by a cir-
cuit court jury December 8, 1948.
. The jury found him guilty and as-
5essed punishment at death.. He was
to have fireg & g
under Cross-examination by Simm; 1
’ that in the use of a diphep, amet
Solution on & Paraffin ¢
Would have 5
|... tillzer or tobacco - ashes
deck ae “8
~Rallte haw
res — yr
he went into another room after |¢
"You Moved the body
licer (Neaves) into the
‘' .
‘
SIT tnen iy
at after he had asked _
€ patrolmen Why the
told
he drage
Was slain jn the.
Police, =" f
Q—Did you fir P “Ee
A_—No You fire the Shotgun? 7
‘ wT did.”
‘And when Ora Bell
yesterday th c
lying" & you did
“Yes. ,
teen.
him't
ow it Was on’ thie |’
Of that of.]-
hall?” .
Y wanted His :
“0 80 along A
pe |
'- SAW THE VICTIMS Fatt. = >) P
‘I turned ‘toward. the door.-to.. be.
“put under alrest and I hea ‘ots | 7
l t i rd h I
from behind me,” Bell said. “pT devs
goth officers fall and then he (Wil-} |
ell)’ came running across th
room with the Shotgun at. rn
i aus He Tan out and hit Wash-
: Ington onthe head with the *gun,”
ed N e€aves's
- Gilwee, an ase? io
- Ssistant]/ ' .-
prosecutor, cross-examined the wit-
i}
Paseo last Monday night set a
ee
GUN TOLLS SI
Bre a
fey MM WoL
“ i wer
“Adam God” Riot and the Union
Station Massacre Each Were
Fatal tg Five
an) . vy.
SIF ‘ t P —
An Officer Notes That the Latest
Victim Had Planned to
Leave Police Force.
: “4 4 os ‘
wa LY oA anal APTS
“The gun battle at 1324 the
record in the history of Kan-
sas City violence when a sixth
victim, Sergt. William Wells,
died at 7:50 o’clock this morn-
ing at the General hospital.
" Sergeant Wells, who was 34 years
old and lived at 7632 Grand avenue,
was the fourth patrolman to die of
wounds suffered in the battle. In
the so-called “Adam God” riot of
1908, five persons, including two
patrolmen, were slain. The Union
Station massacre of June 17, 1933,
also claimed five victims, including
two Kansas City detectives.
- Ran Toward the House, '
. After a call for help from one of
the patrolmen on the ‘scene, Ser-
geant Wells arrived at the Paseo
house, parking his motor car on the
northwest * corner of. Fourteenth] '
Street and the Paseo,
Jumping from the vehicle, he ran
toward the house- and moved north
~
.
TRIBUTE 10 SLA) OFFICER
AAT PVP ppd ‘sd
MANY POLICEMEN ATTEND FU-+
and: PATROLMAN PERRINE.
ArIZe i “ys >}
: f t
THe Rev. Arthur é/orsen Tells of
His Friend’s Generosity and
Courage—Motorcyle Escort |
_ for the Cortege. °* |
Pe ) fen
: Pir etn e Ars, es
a hte cz)
' Services for Charles H. Perrine,
one of the patrolmen slain Monday
night in thr shooting affray at 1334
the Paseo, were attended by an over-
flow throng yesterday afterhoon at
the Newcomer chapel. ;
‘ Only the most essential activities
of the police department were car-
ried on during the time the services
could be spared was given the oppor-
. tunity .to attend the rites for the
500 persons who attended, a majority
were members of the department.
More than 200 policemen were in
-uniform. . cove
' * CHIEF.-AND COMMISSIONERS ATTEND.
' After all the space had been taken
' in one of the chapels and two addi-
. tional rooms, later arrivals stood in
the lobby, in a hallway and outside
the building. .In attendance were
nlong the wall of the building to-
ward the entrance. William Bell,
firing from a position at tWenorth-
east corner of the building. sprayed
members of the board of police com-
missioners, Chief Henry W. Johnson,
division superintendents and depart-
ment heads. et Po
In conducting his: part of the
Wells with bullets from a .38-caliber
revolver.
service. the Rev. Arthur. S. Olsen.
were being held. Every man who].
fellow ‘officer. Of the more than].
L
- CA. —_. ##
SENTENCE FOR SLAY
A Jhast Plea fov Stay of Execu-
ne i
oe oN ee
SPN
- & Kansas City patrolman. He was
* last night. : ;
Nw ‘9.
‘
t
~ BELC-DIES“IN CHAMBER
ae hae
PEA cit
ING OF PA-
_. TROLMAN IS CARRIED OUT, ~
Rs FIED
“Jae Crag ae Pa i oa ree ;
Ned
tion Is Denicd—The Kansas . |
City Negro Was Convicted
.in Paseo Killing.
' Jprrenson Crry, Dec. 2 (Friday) —
George U. Bell, a 35-year-old Negro
from Kansas City, was executed!
this morning in the state gas
chamber for the shotgun slaying of
pronounced dead at 12:12 o’clock.
Bell told the head of the Depart-
ment of Corrections yesterday aft-
ernoon he was not afraid to die.
en Marvin Casteel, the depart-
mént head, was present at the exe-
cution. He was the only onz of some
two dozen witnesses to hold his hat
in his hand. ; :
SENTENCED IN NEAVES DEATH.
Bell was sentenced for the mur-
der of Charles Neaves, Negro, 30,
one of six men who were killed out-
right, or wounded fatally September
20, 1948, in a gun battle at an apart-
ment building. .
An appeal for a stay of execution
was denied by James T. Blair, jr.,
lieutenant governor, at 10:30 o’clock
Bell's sister, Mrs. Helen Bell
Willis of Kansas City, had gone to
the lieutenant governor’s office at
‘is dinner hour and pleaded for a
“I can't find any‘ basis for com-
‘muting it (the sentence}: and I
can’t find any legal reason for
granting a stay of execution, Blair
Said,
Blair acted in the absence of Gov.
‘Forrest Smith.
The shootings stemmed from a
seemingly routine disturbance call
about 11:15 o'clock the night of
September 20, 1948, from an apart-
Kw ae bee V Sie as 1998 tha Daean
* George Bell Said. “Sh
: : e looked in
/ & peephole and said thete were
' peace bond. When they said t
’ Summoned by a tenant in the. build-;
DENIES HE FIRED SHO;
“Men, cepnee u, SikE® POLI
“Detendaad Sep
*. Even Know That Shot-.
', gun Was in Paseo ah
;
i
“t ‘oy gre Apartment, V f
ADA | rte lB Of et
4 =e “| OC test}
© + George U. Bell, 34-yéar<old Neg!
charged. with first-degree murde
denied yesterday that -he partic
~ pated in the shootings September :
at 1334 the Paseo, Four patrolme
' @nd two other ersons ‘jw i
- din the affray, ; meas
Bell is accused of having slai
- Wells, 7632 Grand
’ avenue,
Sandy Washington, Negra, 1820 Eas
;. Twenty-second street. inst Mask |
:. AFTER A WOMAN TEsarrEs,
The defendant testified in his own
‘Bell seize
. @ shotgun and fire at Neaves.
Questioned by his attorneys, Clit-
liam Bell, and Gwindola ii.
r . ola : Kin
= Paseo address when Washing.
on and Neaves knocked’ on the!
oor. The patrolmen. had: “been|
“Gwindola went to
Officers at the door ili
: . Willian)
up and let the Officers in. wher
figure out what he did to break the
to Police headoanartare With, 4
6r6T<2-2T (140 *SuBE) ton *xfudes ‘cg ‘yoeTG ‘e8m0ep ‘TT Fd
ee eras hagene et
pO dada
in ak ye Ti ~ MY Sa
and the fareus Bray Cartoon
~ Wm. §. Hart | in in "Fhe undid and Mac Swain in esayed by Wireless.
wane ovale - Fn ene on Se ere a
we omen seegerngy ). Wiltxaoer fer the state, nee 1 a
baal bot Werther d}ers fi fe yar \ : ange
ppeleeti. deal LL feanntecte tiseui |
4 fh Abanatelars bP Manecteera
pats Marshal th
demeyel Vrabhavidy,
farnetrae, bheney brie, Pet y Hrees bel
|
i
eT Tee | (aL ee Me- Haattieta, |
;
|
|
LE RXECUTION INST. CHARLES
| avery benly listened, Me
to heaven te
\ Holert Pathacdy, Mat:
Littles Pred Megnemeyet, Pred Bet
rher, te me hulte, tale b Meyer, te
bo bien, Pops Prstinneyen, Serer Hain
7; vedas decree elds dan taret
{Vurry. Max j,ilhie Hopkins, Arthur
i Dehale rp, beplbawn salten £ “hartes Ral
‘her, barman Shweta .M. Painphrrs-
Fred and “Pate Fine ninaun, dealin
iJudaw, f harles Hepntagihe) Center |
cas
said: | am Belg
Hack | Jumihere Calmly Paid the! five with desus. pray that all
; he good, fe Ne
th Penalty for Killing Officer | ny a ge, fat oh re
sound af my Keree } bape
in heaven.) When. he
Jam) Barly Friday Morning: Au
finishest syne kine the
; sp | host
Een black or wile quickly re Bdvedinas, Mire. Mary ingot me tt Mr |
j prlateasdl ane tele seul parser te Marae, Mys Rteh Sebabie: nel tt!
; ed Jobe tig
; “Yue festimens shows that tre titer
hac Pom Aller and. Amis alah |
fjurry “Black, all ovabegesdk cate
in the enunty jail
A bf ; the great breyonitd,
Amiri w Black were hunges
was the first
a Aust 18th, 1916, Harry Black
tha tae oe Meroe 7 Oe
on
* Aastra flack was placed
aa Themperente® required” Oy
The {rage ee i at HE sh altlock, oF 14 minutes hater |r. thie brat oor beTane The eae ean
nel Ee, he wad asked tf be hes wee ac mi. } harlas uh Nee, 1M fing | se
\ gif Ae = ri 2a oe ae ,
artery Maibited their on, toe first ca :
pold ape
- pry vive t, drank freely,”
wannieien wid faward een”
vabied down the Wabash tracks wath:
entker and nS Hate ey ie ty f. Thie + ‘ihe sa sate. alas: ™
Peas wer by eA i { tnsagl aure jf tile PHA and
45 Bawe hy the eal Ra Wy Tee ee per ore 1 the Qiver Peak, My slvar helaved Trends and] 4
pele iw nis + wey fe he RENE: mee phe: rer ann bbie: peigtiv ye fat Be thankhal tor a Wehr
iw tint? Phage yet al} resent ’
aad werneth their way to the Heider thepub (he 1 Werner: ‘iss pynping BF
May 2s NEA and ab Oe me!
minutes: We fer fete
oo oir ea Pg wey Hye jar we Wh aye oot ta die, 44 ae vein gh
a ; Peas ery iw fog, esoryhody?! Thienr’ welt ie sypaber Shams of Bt. da fiowr. debt Hilair went in their pac snit
he lant “eords al Andree w Hac “ was proseul atel took charge i nd called Uiticer Tanah bh hy ae ey tdlowing seedict sae Fete
He | ta cauget. dame. aH moe Wiest Hiegat | ° Wr oe jury find nth
; Harry: Hack: apd ded ey F
beaght | Vagainsy tiem: Mr Hire
wine the expeattann OO
The ‘cape wie pieeb
: ; : sabe eotd) Jisiny, He eutiee Sughtst ast | bandies. after phe. mgt Sere deel.
‘ ; ‘ b Diets dak warty Uleeee eH never anet rare r said pe buried thy wey father (ot Chet teh be
; Me ts ta inf ie eriget fer whigh they ee tel iw mee phout @ pete Bae Arter whe te i “he . jadored. toile of pusbler ad
; Bln ak ae din. They pepe fee ataunit 4 te 2) thes Ment emernt ere h eye wae te aed | tiraw i > tande. ae ist gully iC manne Te :
HPT La eeek weer juny yl ap Cay viel | ager the weme of the dead man and) brathints | ‘fat Allen she mennp vf rietendant Ande
: we aeeth | ie was, ube yp (0 ie ent A fmt behind ant b diween heel at | Fore at steals and accom the f ryt
' ios had ment pF Heodant” Andres
Heath. LEO eee ws et vi x
walrh gus Wayne & “Depalves| of the Ml aed: fein Teens ppl iow (iinet Marty. "aucnieant wheat
Aa nN S| fiendor tt. Wlagha ie, ek ullenber ey eat in. the half a gradye: or arent of % just duel thdretere at yee
Mehnemeit?, Pepher aud . Crdthe fentge ¥. Harve “at Be § Wal wish tha in the yasiway yards) here HENRY 'f, Keath i
sherif Frode and Pepaty Herpel of Rtl witnesaed she pseentinns: He saidla few awnthe prick te the ‘Vag? in OTTERS
the arsp. fie pire’ aceqndind ny ee
* tuee voted at Petbe te | Sint be ‘, @
Lanily roughly wn} § Shentt Bennett ot brent swe roadie 18 he had wapnessed “which Als wie shut mn
When Oihere tsa
bad Jineabe euniaty, wee 4) rand hp weser cae a gthisige Hre, Yeh
; =e “arr aa nthe ‘a sisess " bet bth earn ‘
SET - mrt he Tell TPN amt deat prenettyt 7
ag ganniadl Tn torn the iWeck Eine, Killed him Inind ha}lot 6 te f Pari ballot aN
; wih ballet Ht to band t the
ip own te ot teeny at
, - ee “wet
Hades at the: Fieanaut , Gree Haplist
Mhureb, St. fouls, Hey, W. Le Rhodes Thet trial of the Black beuthers Faveprding $8 the
Miller ot shia started in the sfenit court Were ‘obj the trial: + io
Tie time ipet wees the arrival Monee 0 May Vi, 1814 and vont ined Ne vrune iy phe. hietey oe Thy mation tor & Bee trial wee
Pht wen: were bry } FoF tTharter; mith yerhers ape thie mei ae hy Aue Derertt apd oh
aed) wes taken fe the Hu
F cals.
« af ministers aad the spect anne wat ail Auiitusnsal
: g and pray ine 1 "ahiely yf the killing of orl ah mrt. Net vat in dane 16 ai
pert ; ¥ arigeansd ft ng} ;
if Lara) iit Sinoeiae CM *
jpent ae ainaia
when Fhe decision ef the lower. ‘ be
h “escaped Ere
jam pied ees we arg we, ee ernest wad The de
a ae siajinie i meat 's raeention at for 7
y athe tee
sat y ‘tor the a in ths
Maujar granted ® an fixings
cee & Y
prisgoen "would join EN em Dear
ot Tord!’ * lard These thi ete. They abere they were prrested L, Pred inv i
DL sangeet the rain iat ers mM the tame and Tale Panenayet of Macheus and, the date pt emmeng it tor Pridmys
s iat: ‘ eth approgebed: ‘ ’ OM. Pompbreys a traveling sale: Avnet FI *
- : abe pean man, whe wt the drap om them #8 sf. OMARLEA gOUNFY BEBOU: as
HARRY BLACK va Mo et eee they ome anh relrea ai 4 TIONS ii We :
it ther was given by} : the ine ee aie + boi al tte sages a ed earns rn i
pes Ave BHy. AM * “e $ ms rt
coreg rats _ aval Anvs where thelr RT eae Te TWe Cavite ed ae
‘ Khe al
i
Se .
, or
] “the tes prathers, whe anlers or-
a sera ta Mie eueitraty andy’ Pret seh ed tis
Acting Ligcermir ‘Painiey, aud lie ee
by banging 1 the St. Charnes t “want y F : pia isis er,
{ Jak at nyse 2M my rey, waruing, t pei ae ef fe Te
ial will gu ber aheit? retort quietly aud ; | Boe pete!
} othe rec, comieatae vahet a ' Yee ts Ay
FO nea wind sig a “peaee a pe. Heh ial sae t ee i
x
t
4
5
that fe. sina hays fered pre
2s ble rt ae ae
: oe 2" Padre w “Hata ane aa Rei 4
el die fret antl Hart ¥ peathy aah: is 4 '
ie, ITVRAEE: phucrral yy. “git tals, au
- et eaneds a se italy ite aR: “48
‘ ean uian fhct oF die pret laze | an i ¢
‘eat perlurps vet 4 shiver MOPS -®
oo Rifiny thea Fat deve Hl. rere aw
. oe ple > $e ‘wpil reg" hia deat “44 ; Pe
ot se pag * aa ae ih ” a a
EF oF BE, fae parca hy Ae
oe iia wrt soberly | is i
jrise, bagel: A
he “habe, the. ate festa +8
_demane ae ‘* fer
pall scr ping: MM
hears ne ba dette heard BAY
iwotwn couree 9S vies anvaet 18, “ans
Fiat
op:
a
amin
nt
Sap Asaer ei
|
ie? m
at
Pear
4
mS
a
Pe
had x sereb}e
odin
ae sghbet ie
ae
We Wen Se SS -
phic ander fie arma ot the
5 ae batts
: fod pad ¥ 1 ) t ’ 7 te
tendorf. Woeta ve, , ebal ener es | ct val FS king S erada, on ar ‘at aaa
Monnemoe, \Ferier ond. GVW) fipitae, 1 Hanvg if Epeurth, Hl. fa in ayeettiat ae here
sheriff Howe pnd Pepoty Herjel of Bt] witnessed Hie nseeutinns: He hee a few months print ta the tragedy if ;
Jaraiy rounty. 40h Sheri Bennett of | theme faa wade 18 hie Had waeneried | whieh Aten Kas abut ny the wep. fie pice aceqrding fo ete 8
Lineabn emvinty, stey lap ptesent: Land he never caw apethigg more yer | When Afere Heic'eliuce angst at follow: Farah ballet, MR:
eer i 2
fap —enrterenek — pr Lau ; . und. ’ :
awn Tend Trine. WAN, per wie OF —— i Te Nene Taiko RA ATED aT Henth—penatty + arcctt hat nae
her of thé: Pleasant reed Baptist zr in torn the Biaek brothers killed hime third ballot 6 ty fi; fourth hallet @ ae
i hured. St. Lonis, Rev. W., be Rhodes} | The trial OF the Biaek bestlers yocarding 40 their own testimany at ty fifth ballot i te band tho We
at tlasten ani Harv Midler ef this started in the firenit court here’ on) the trial. i : ty ie @. : :
city. The time petweer the arrival Monday May 11, 114 and rontinved | Ko yrime ip the bintaty. wf at, The mation tor pew sell wae 7)
_ /Ge ministers: ant thir raneatiome wena | there OP 3— Phe, won were trail SOF) diarteme witie yerheps She cccaphiant avecrulesl by tistge Heras} aed MR oe
peut iv singing and pitas ing 1m whieh Reet | |e ve gb at Bhexitt. Join. Haye wae talento the Supreme
Jherker Hast nprins, afunensd et wneh Court, Not until in dame R16 dag
wned inen joined. They f ' pees) NA csasbApieah Mii ielddsrate he jose hamndt
ag appeared ae he pertectiy contented loval exgiterdeut, After (hé whenting The Siyoeine Conet wel apo the ¢
ay y tor the ordeal. . tn the the men escaped From the rity god, When fhe decision of the lower eamee ae
3, iment RR tax..Laed rau thrangh-the-vounty amt a Legrma vrererir nent fie T fe data OT te :
cee: GE ‘ wi would | joip Yes, Dear : ; ' ' M. K. & TT. vailrond te Machens Met ‘s execution set for daly @tby 0%
Taord.!! ; Tess Me'’, ete. They yh 4 = bere they were arrested bo. Pred flex. Mujar granted a prague, fixing re)
sangys ahathe ministers os the fume} Por > - |" 1) Land Tate Bivenmann of Macheus and; the date ot cxnention for Pridayy, 7?
{ eo ffor tt th approached. M. M. Pompbrey, & treveling sales- Anual ‘ ei {
Ags Pa Tw or were tea H
they enue down Hie railrueA trark. | TIONS
They Sarre Arama cate’ Mick Wales andy be Samra
keeping For -severul days where thelr vy. Sere mw ite batted two ote
injuries were veret for at a honpit af CRF ip the administrations oF We.
| Harry: Bick sucprivedeterybedy. Jove Rherift Jom Wuenth Se
athe vial. by testifying, that. he J nin tie lila All
MW | shit Officer Lamb. fle postified that wer Bre her pia nerr ©
ha, held. Lamb's bund in wtieh be 2 ee apes Fi oy a
itt his revolxer, and shot iii ity Fhe sf e ahd wey eat: AH a6», Ke
head. Andrew Black's testimony oy ga ae
was the gaine ge..hin_brut bers. pruth Yi dupe Gh 187A Joby Han, @
elaine {hat they used ther pistols
in self defense. They testified . that
thes tired eight Himes. a Lamb. ie
man, who get the drap im them a4 8%. OHARLES COUNTY BXBOU:, ae |
bs
| nanny ware Nia ea
In the first exeeution the rape waa male) by. Aherift oe ee ides dr jh at Mae tie F
Bode of St, Towle county who had dope. the anne, thing’ Tar test Pie oo te
_ = paver other men. ‘The straps were 4 sted by git ah of the sunnger bnitber. Harry Thurs.
-
i
if
ALAS
and Sheriff Bode. criff and Copstatile 0
placed the cap, aud Sherif Rupp sprape the trap.
rat bbl ofeloek Apatow Black wad Rent into eternity, | :|yham. ‘Toi morning # Uw eee)
~ poperir rer | bing: Father Hellweggel was present
tlie a doe te Gy |e rive of office anid offered pray-
mee
ait. The exemitios
ay the ;
¢ survundir
namense crowd, of
ayepite granted the. men dated “shaly is af the opinjon
after warefally
Mee WARE VRRCD RSET STE FD tees ett Anat ao er Be Soe anise THAT Ve MRT ATI Pt erases pete — han ees
2d SGM TARE OTT P reat oe “ vegdiorg it te-intarmed: the torn that = rege ye te Beam ia Fa Te Me Te Ei jel- Warren,» Missours Poink Fetes oor
= — a 1 vieted wrandied Ahi URS PIT ee through the window o# the man ;
Tibemeh & Que Of them answered ih] Kiing of Police Offers David Lamb} they not gone an the wiltess ee arren" : be we
a strong yoiee ‘'T am ready.”' and the fate im the afteraoon of December 6,1 gt the ‘rial. The jury, be believer. are: ane ah og ad mee :
other followed “T am geady.’’ Then 1915 when he and Oileer Jobs Blair gould arrive af ne bbver verstivs after ne | h ys de ae nla be 3
ab had. an idey. he
the song eas started "Lord T ati attenipted—to- arrest theormd ‘Tom | heering Mele Tentimarys HF. De ee ae ea trom valde
Voning Home.’ Perbapes 3 half dor-| Allen, another negro, on the Wabash here waa plenty of reason fur
serene nnn ' on Ten, men heard The: conversalion- god Livonmidalion— Traeke—-at b haiihial daubt in the textimony prodieed we bo 5k if aaa a naman or eine ery r> PCR 5. id pei ecareste
engl bad a company of local militia
there were tears in oe of their Fourth street.
+ | the state, and=had the onea fet test ;
ie eyes. The jury that Fonned the fier guilty) fed, he thinks there was alisolately tw ard the joi eid herp ones f
3 Ar Ba o’rhwk Sheriff Rupp and of the charge war eumpoaed hit tel per chance for a verdift at wnurder Continned on page 2 f
his assistants entered the inner hall | following St. Charles mers ot fie a
and Harry Black was galled out. Ie Hy T. Borgfeld. farmer, of Velden
walked brflakly. The straps were ad- | Spring.
justed om hig aris and he walker Hred Mette, farmer, ef 1 Pallon
j : _ , [to the death trap veithont a pause: W, F. Farris, farmer. of ig Crees
At 3f47 the officers again uppearet| Henry Zollmany. saloon ieeperyet
at the inter doer Andrew Blac] |New Mille.
-~ Lahook Hands witht the ministers, uews 1 Advan Almcheg. ftarmees of Nea
paper. ceperters and Pepuly ea | Mahle. She ies meer.
Bloebaum with the remark ‘TP trast’ | varies Bellow, farmec ur St
ee tari tte tine Pears mpi e és - __.._
wi Win SRE He te answer wo « "qnes: wate lhe ee nein e aor aes a a tame ee ee > ees pane ewer 4
aoe tener omen seen aye rarer
SSE AE
one > a area
: . ta the epecndl execution the straps were adjusted by Sheri tign anid “The devil has: Henry Paseher. contreetep oo
* . Rupp and the rope was placed on the man's neck b Bolice [over me, put over the spirit,” acd) t) lionee i
enre > fineesipson idrrte ry, af
shot with a fruile he walked to bis deutic.)
Nagiel There was no, falterjug. He wu) Forstell.
Officer Robert Larab, 8 prother-of David Lamb who w
and killed by the man bung. _ The black cap war, ready.” His ordeal had been the sare] TH 1 Rech, of Xazusta.
over his face by Police Officer Edward Gruenewald .and-the {tering ws he had to wait: anti (> 4, Morgan, controctat. of Flint
trap was'syirung by Sheriff Rapp. Like the first exeention: [breather was dead before he’ way ib
the man’s neck was broken and there was net a single ore valled, W.F Meyer, mercnact, or Weotz
ment of the museles. In 33 minutes his heart had teased Fit Lp wt filty men witnersed vied +e :
beating. double execution, ingluduyg the of] The state was rer reentéd by Pre
sie csp ge sinpn eegice 2 § rs. The doctors stys-there was-ny|eesiox, Atormey + JL. Das
—Whea Harty Black was placed on the platform or trap wee after ~ trope We aprarig sited by Judge B. H biatt. The de-
@oor ¢! were br d as the black cap was put , Wore pesmegs 6 Tondante were represed ys
: : F ohare poe i The man | asl for a am eg Ika groned the el Crouch, ¢ Bt, Loula aitervey. The
ze Picky Tae ; The * 5 $1 the Mi Were going. om, late J domes D. Bernett “pre-
re ‘ Bet ge rr be (orbs od
q 1 re ea Ba Le a yor “tre ct Aes i SO ire Sf ce) : iis ae oe
Bi ve a fod Lise
So
(oar Seba,
¥
a * a
' tires in that bunch of stuff. They prob-
district. Then he called the officers
Weeks shook his head and pointed to several full containers
of motor oil, and to three five-gallon cans which had obviously
been intended for gasoline. “More likely the jugs were for
liquor,” he said, and Brown nodded. —
Both officers knew that moonshiners and bootleggers were a
common thing in that part of the country. Since the product
was cheaper than legal whisky it found a ready sale.
Weeks indicated the head gasket. “For a Chevrolet?”
The station owner nodded. “Yes, it will fit several models.”
Again Weeks stepped to the telephone and now began calling
all surrounding towns, asking authorities to be on the lookout
for the fugitive car. By the time he had finished this work
Coroner Gilmore had arrived and after a brief examination of
the corpse, he ordered it removed. The two officers now turned
‘to the citizens and requested that all of them who owned cars
bring them to the station immediately as they meant to form
@ posse.
‘THE marshal and constable realized the outlaws stood a
good chance to evade the posse, for they had had a long start.
But Weeks notified the keepers of all toll bridges. across the
Mississippi to watch for three suspicious looking youths in a
Chevrolet and he thought it possible the killers might be
intercepted.
When the townsmen returned with their cars, most of them
were armed either with shotguns or rifles. Weeks divided the
cars into three groups, The first group he instructed to remain
on the paved highways while the second was to scour the side
and cross roads. The one in which he and Brown led the way took
the road past the cemetery where the gunmen had disappeared.
For the remainder of that night the men searched the country-
side for miles around, but they did not find the slightest trace
of the killers, The possemen slowly filtered into Campbell after
sunrise and Weeks called the telephone operator to learn if
any of the officers he had called had made a report, But none had.
The two officers faced each other across the marshal’s desk.
“Well, they got away,” said Brown, “and now the trail will
be that much harder to follow.”
Weeks nodded soberly,
As the men discussed the night’s happenings, they wondered
if the gunmen had indeed been moonshiners as the theft of the
glass jugs scemed to indicate. “Even if they are, it
won’t help us much,” Weeks said. “There are lots of
those fellows around and we would have to raid a lot
of stills and grab a host of bootleggers to solve the
case that way.” He shook his head dejectedly, Then
he thought of the loot the burglars had assem-
bled, and suddenly he remembered the odd sound
of the automobile in which they had escaped,
Hastily, he called Brown’s attention to this fact.
“Those fellows had a new head gasket selected,”
the constable suggested. “That might mean that the.
hissing sound we heard from their car was a leaky
gasket. If so, they will have to quit driving
the car before long or have it repaired,
“There was also a new battery and
ably have an old model car that may
help us in trailing them.”
Brown did not reply at once but,
reaching for his phone, he began call-
ing garages, filling stations and auto-
mobile supply houses all over the
with whom he had talked previously
and warned the men to be on the
alert for purchasers of head gaskets,
batteries or tires, The marshal rea-
soned that the criminals might make
the necessary repairs themselves and
would purchase the parts they needed
in some other town. Both officers
realized that the criminals might com-
mit another burglary in order to
secure the repairs,.but it appeared more
probable to them thatthe men would
not risk this so soon after the murder.
Brown mentioned the eee, of the gunmen abandoning
the getaway car. “I doubt that,” declared the constable, “Since
they were evidently going to steal parts for it, I believe one of
them owns it. If-so, they certainly can’t leave it where it would
be found. And with the whole county knowing about the murder ’
and the faulty gasket, it will be hard to hide if they try to return
to their home. I have a feeling that they will try to get another
gasket soon.”
The men then compiled a list of all men whom they knew -
had been arrested or suspected of being bootleggers or operators
of stills. But most of these individuals were middle-aged dnd
could thus be left out of the picture, for the killers had been q
young men. At last they had to admit that this procedure was 4
not going to net them anything. Known bootleggers would lie
in order to protect one of their number, even though the sus- :
pected men might be business rivals,
Night came and the officers had heard nothing from their ~
broadcast alarm. They had returned to the scene of the crime
and gone slowly over the escape route, but the gunmen had left .
no clues other than several discharged shotgun shells.
The next morning Weeks had just arrived at the office when”
the telephone rang. It was Irwin Dickens, city marshaf in
Senath, a small town several miles away. This officer had inter- |
esting news. He said that shortly after midnight on Mar. 28,
the night of the crime, three young men had brought a black
Chevrolet car into a Senath garage to have a leaky head gasket
replaced. No news of the murder had reached the town yet and
the night mechanic of the garage had not known the three men
were wanted, therefore he had not mentioned the incident until
a few moments before the officer called. The man had driven out
of town after their machine was repaired and the garageman
had not noticed in which direction they had gone.
The two officers drove
to Senath where they
found the mechanic in the
marshal’s office. But he
seemed to be able to add
that he did give a fairly
good description of the
suspects. The Campbell
officers were disappointed
although they realized
that they now had a little
more upon which to work,
But what they had con-
sidered to be their best
men had succeeded in
getting the car repaired
without being captured.
Therefore the only thing
they had gained was the
knew that this would not
fugitives were apprehended.
Weeks was silent for several sec-.
onds. Then heturned to the informant.
“Didn’t they talk,about anything that
you can remember?” he asked, “Did
any of them mention a name or where
they were going?”
“No, but after watching me work
awhile, the one with black curly hair
said he was hungry and asked where
they could get something to eat. I
directed them to a restaurant and they
left. I had the car ready when they
Angered at the ruthless slaying of
ther young colleague, Constable
Henry Weeks, top, and Day Marshal
Rodney Brown, Campbell, Mo., cap-
tured two of the fugitive killers in a
thwarted escape in Arkansas.
STARTLING
nothing to what the mar-’
shal had told them, except -
clue was gone. The gun--
description and they both .
oan
Lod.
aI
—
a
aid them greatly until the .
sige nee
aK
.
ne
7 at
ADAMS, Fred, white, hanged Kinnett, MO 4/2/1937
woods. The
from the let:
“ the officers
short silence:
Suddenly
and _ listene
could “fe
engine. On:
v around the:
‘ away Car. ”
; sidestreet,
car pull a\
4 oe constable
companion
The thr
from whe:
as they re:
another b
Marshal |
face and
| when his
| } Brown
looking <
‘ ) young : n
their pist
suit of tl
i| By JACK of murcdk
{i oy a ier building ~ henry er sharp crack of a gun and saw a cemet:
{| the flash of orange fire from the doorway. Three shadow stone, t!
if! CLEMENTS figures ran from the building toward the shelter of a mai tl ceeded |
Hed woods. From the trees a shotgun roared again, the pellets graveya
it Tiss three officers smashing into the walls of the station. Here
, hunched forward on “Let ’em have it,” Weeks barked, as the three officers threw without
4 the seat of the patrol themselves flat to the ground and returned the fire. Their onl and as
car, Their glances were target was the short bursts of fire that came from the black saw the
tel trained on the darkened filling disappe
tf station that sat back from the
t road in the Campbell, Mo., city
| park,
H “They’re still in there,” Night
Aa Marshal Clarence Green said, point-
ing to the thin stream of light that
| darted from corner to corner inside
| the station.
| ! Green had accompanied Day Marshal
| i Rodney Brown and Constable Henry
bt Weeks in response to a call that burglars
hd were looting the city park station. Neigh-
tI bors had heard a disturbance and seen the
agi figures of three men outlined by the faint
h beam of a flashlight.
i “Come on,” Green urged, as the car pulled
i ' quietly up to the street curb. “We can sur-
ff ,. round the place and nab all three of them.”
ng Weeks took the lead as the three officers °
silently snaked their way toward the building.
“T’'ll slip up near the front door and, you
a fellows make for the back. Take each side of
ia the building and be careful,” he cautioned.
“They may be armed.”
Without replying, the two marshals headed
for their posts, their guns drawn. Weeks
waited a moment then stepped carefully to
the side of the front door, shielding his body
from the view of the burglars, “All right,”
he called out. ‘You fellows in there come out
with’ your hands up.”
Instantly the small stab of light from the
flashlight was extinguished. The inside of
the building was deathly quiet. Then suddenly
there was a quick sending of feet and Weeks
heard the bang of the rear door as it slammed
against the wall hoards. Streaking around the
phde years of appeals and reprieves were
nded for one of the killer trio when he was
hanged from this specially constructed scaf-
fold in Kennett, Mo., to pay for the shot-
gun slaying of Marshal Clarence Green.
50
JITARTZIAS GS Osi CTIGE
No Place To Hide When You Kill A Cop
_ (continued from page 49)
}
the ladder at the ‘other end. Weeks |
- Climbed the steel rungs on his own end of
the car. As his head topped the sides of
_ the gondola he held his flashlight at arm's
length and away from his body and turned’.
_the powerful beam into the bottom of the -
‘car. Huddled in a corner were three
young men who blinked into the blinding
light. ;
_ Just then Brown also turned his light
on the trio and commanded them to
throw up their hands. Leaping to their
feet, the trapped men seemed to obey:
the order, but in a split second one of
them grabbed: the top of the steel car,
hoisted himself over and dropped into the
darkness, disappearing beneath the
gondola.‘ ’
Weeks kept the other two covered with
,
his revolver and both officers yelled for -
the Paragould men, while Brown leaped
to the ground and began a hasty search
' for the fleeing suspect. But he was forced
to abandon the task. The youth had made
good his escape.
At the Paragould jail the two captured
men identified themselves as Fred
Adams and Tom Barth, but they vigor-
ously denied knowing anything about the
murder. For the rest of that night the
officers grilled the two. Meanwhile,
Weeks had found the missing Chevrolet
car parked in a garage behind the house
near the railroad yards. When he told the
prisoners about this, Adams finally
broke...
‘*We are the ones, all right;’’ he
admitted, *‘but neither of us killedGreen.
That was Son Vinyard.” Vinyard, he
explained, was the third man who had
escaped. His real name was Dayne, but
most people called him, by a childhood
nickname.
Adams said
reared in the vicinity of Campbell but that
he had relatives in St.-Louis, Mo. When
they were asked why they had stolen the
jugs, the men said that they were not
bootleggers, but had taken the containers
.to sell to an acquaintance who was in the’
liquor business. fod aeey
- While Paragould authorities broadcast
'. a general alarm for the fugitive killer, -
. Adams and his companion signed state-
‘ments covering their part in the slaying of
Green and agreed to waive extradition.
When Chief of. Police John J. .
. McCarthy of St. Louis received the pick-
up .order, he detailed several men to
-
‘watch the homes of the young criminal’s
- relatives both night and day.
Shortly, after darkness had fallen on
May 10, Patrolmen Edward Walsh and .
Lawrence Highley saw a furtive figure
50
that Vinyard had been
slip quickly into the entrance of the apart-
ment house they had staked out. The two
officers had been warned to use caution —
and to call for re-enforcements if they saw
the gunman. - ‘
Walsh hurried to a call-box while
Highley remained on watch. Soon they
were joined by two other officers, Patrol-
men Howard and Holman. These men
went to the rear of the building which was
one door removed from a corner. Then
Highley knocked at the door of the apart-
ment where the suspect had entered.
There was no light in the room but the
officers heard a window being raised and
surmised what ‘was happening.
Grasping the knob of the door, they
found it was not locked and stepped into
the room just in time to see a man’s legs"
disappearing up the fire-escape. The two
patrolmen climbed the iron Stairs,
although they knew that Vinyard could
kill them easily if he were armed.
As they stepped onto the flat roof, a
revolver barked from behind a tall
chimney: and three bullets whined
uncomfortably. close to the officers’
heads.
Hearing the shots, Howard and
Holman joined the officers and spread
out in an-effort to ‘circle the chimney
behind which the criminal had taken
refuge. Vinyard understood the move.
With the desperation of a cornered
animal, he fired three more shots at the
men, then dashed from behind the chim-
ney and raced to the edge of the roof. He
glanced back once at the officers, who
had held their fire in hopes of taking the
-man alive, then with a wild yell he leaped »
into space, landing with a crash on the.
roof of the building next door. Scrambling
to his feet, he'ignored several commands
to halt.
_, One of the officers looked out at the
maze of flat-topped roofs, the series of
iron stairways that offered quick access
to the street and certain escape. He
remembered the dead marshal in Camp-
bell who had given his life in a similar
chase. Carefully drawing aim on the
dodging, twisting figure that darted in
zigzag lines over the adjoining roof, the
- Officer fired. Just one shot cracked out in
the night, but the fugitive clutched at his
side, turned a startled look at the pursuing
officers, then collapsed. He was dead ;
when the men reached his side.
‘When news of his death reached the
captured duo in Kennett, Barth offered to
make another statement in which he
named Fred Adams:as the triggerman in
the Green murder. Confronted with this,
Adams admitted that he had killed the:
\
Sea Tere
young night marshal.
On Wednesday, July 11, 1934, Adams _
was tried before a jury in the circuit :
court, ‘presided over by Judge James
Billings at'‘Kennett. He was found guilty
ment at death by hanging.
Tom Barth faced a jury in the same
courtroom on July 26. But these’12 men
were more lenient and -Barth was
sentenced to spend the remainder of his
life in the penitentiary. |
A request for’a new trial-was denied
Adams and an appeal to the state sup-
‘reme court affirmed the orginal senten-
ce. The date for execution was set for
Dec. 18, 1936. .
Just a week before he was to die, how-
ever, Governor Guy B. Park granted him
a stay unti] April 2, 1937. When that date
arrived, Governor Lloyd Stark, who had
replaced Park, refused to intervene and
on the morning of April 2, three years
after Marshal Green had been slain,
Adams mounted the scaffold which had
been erected in Kennett, Sheriff Dewey
Miles, who had succeeded Donaldson,
threw the trap which sent the killer to his
death. © ale?
- The lives of two of the trio had been
claimed for the murder of a brave officer
of the law.
(Editor’s note: The name Tom Barth is fictitious
to protect a man who has served his sentence and
is now a free man). oan
Gang-Rape In Suburbia
‘(continued from page 23)
driveway, he observed Benjamin Mont-
gomery, with another ‘man on the
sidewalk. Either Montgomery or. his
friend asked, *‘Where is La Brea and
High Park?’’ Montgomery walked to-
wards the couple while asking the ques-
tion. Feeling that he and his wife were in
danger, the man walked to the front door
and attempted to get inside his house. As
he got to the door, he heard his wife
screaming, ‘Stop stop!’’ As the man
turned around, he kicked Montgomery.
Benjamin began striking him on the head
with a hard object. The victim began to
fight back by swinging his arms at Benja-
min. At this point, Montgomery struck
the victim numerous times about the
head. The victim was injured, required
. medical attention, and later received 15
stitches to his head.
As Benjamin Montgomery was being
held in the Orange County jail awaiting
trial for his latest ‘‘crime spree,’ the
long, tiresome task of locating and ques-
tioning friends and relatives began.
_Benjamin’s mother, Mrs. Rodriguez, said
(continued on next page)
a)
as charged and the jury. fixed his punish-.’ .
amen cme me :
‘un and saw
‘¢ shadowy
ta nearby
the pellets
ers threw
lheir onl
the bla
Bass,
woods. The report of the shotgun came
from the left and the slugs whistled over
the officers’ heads. Then there was a
short silence.
Suddenly the constable lifted his head
and listened intently. From the street
could be heard the hum of an automobile
engine. One of the burglars had sneaked
around their flanks and reached the get-
away car, “They must have parked on a
sidestreet,’” Weeks said as he heard the
car pull away. Ignoring the danger, the
constable stood up and shouted to his
- companions to follow him.
The three men raced toward the spot
from where the last shot had come, Just
as they reached the woods’ edge there was
another blast of gunfire, With a short cry
Marshal Green threw his hand over his
face and fell to the ground. He was dead
when his partners reached his side.
Brown and Weeks stood a moment
looking down at the lifeless body of the
* young night marshal. Then, reloading
their pistols, the officers continued in pur-
suit of the gunmen who now were guilty
of murder. But the outlaws had made for
a cemetery and, dodging from stone to
stone, they again opened fire and suc-
ceeded in reaching the other side of the
graveyard.
Here an automobile that was running
without lights came to a stop on the road,
and as the officers raced forward, they
saw the two criminals enter the car and
disappear. Both men_ noticed that the
Murdered
‘thieves wh
reen, lef
machine made a'peculiar whistling sound
as it.sped away.
There was nothing else they could do
but return to the filling station. Walking
back they knelt silently beside the body
of their dead ‘partner and made a more
complete - examination. Anger surged
through them as they glimpsed the fatal
wound. Clarence Green had been only 28
years old, and had held the post of night
marshal only a few months.
Weeks rose and hurried inside the sta-
tion. He called Dr. George I. Gilmore
who was coroner of Dunklin county. The
physician promised to come at once, and
Weeks then called the office of Sheriff
Thomas Donaldson at Kennett. To his
dismay he learned from the office deputy
that the sheriff was out of town and
would not return for several days. “Tt
looks like it is up to us to
handle this,” he said to
Brown.
The two officers were
not idle while they waited
for the coroner to arrive,
but questioned the crowd
of curious spectators
which had now increased
to over a hundred persons.
But none of the people
had noticed an automobile
standing near the station,
nor had any of them seen
any suspicious appear-
ing characters loitering
ttle with
to rob the city
filling station,
|
|
about the place nor in the town.
Back inside the station the two officers
inspected the small room. Near the back
door was a large pile of merchandise
which the killers had evidently meant to
take with them. Included in this collec-
tion was|a storage battery, a head gasket
for an automobile and a set of new tires,
all of the same size. The owner of the
place entered, and Weeks asked him to
sort the articles to see if anything had
actually been stolen, The man examined
the assortment and smiled. “I believe
there is nothing missing except five empty
one-gallon glass jugs,” he said. “There
was no money taken because I don’t leave
any money in here at night.”
‘I wonder what they wanted with the
jugs,” Brown mused. “Could it have been
to carry gasoline or oil?”
we ee dace
ee oe
a
te
dine. 1.20 per Kear.
Piswippi and city of
‘ye ,
H slation Gi diy paper
me been under one
oearly twenty-two
awn ob application
Propriefor. Devoted to the Interest of the P
f a CHARLESTON, MISSISSIPPI COUNTY, MISSOUR
= ewtmpmere sea
wr
2: Ex-Congressman Marsh Arnold, of ALL BRIGHT ARRESTED. Funkbauser vs Tneker and Adams,
Jenton, viewed the parade and? Lcoount C‘outiroued by consent
Jamies \ i Norcia Vineyard, | ne
heard Senatoy Vest’s speech, a hevard va
] ;
divorcee Distiseed
1'The Notorious Murderers and
Aric /
‘ op : . Mr. Crisp de one of our Repub- | Marv Asthby vs Winnie A, Rothebilds
| lican friends,fho held up a five dol- | De sper wdoes Captured At etal ejectment, Continued on aftida
ak j lar gold pieee, Joel mighty sniall. B ‘ Hs vit of defend inate at their coets
’ . " . ‘
re Judge Maréhall of Blodgett, Wat, Jloom held And Will ar labo y phe 7 naa ze at :
con inext Senator, was in thé city and | Be Brought to This mitted and sus ‘ated Be ohed vatl saat
’ } took in the parade and speaking. . eh : ed discharged Viaintiff excepts aod
| The Bird's Point 16 to Pflambean | Place, Po-Night files motion to amend peut a or fle P
; j i eau New petitior Motion filed for new QV ill Sp
club was a great attraction to the | trial and overt ! Piatutiff zivens
| torchlight parade, and it was well A’tvel@gramn was reces ed from theliit 2nd Mouday ia December wo tile b» ; te {
iShernff of S ldard Couwty, to-day | exceptior Sa I
| drilled.
' yer " ws ff Slyee] \ t} ’ : Crrarnad Jury retirns | mictt a |
On the nif of November 4th the y Meputs mice a hag \4 M - —
; in ql ? WA TAu ee ¥v ati froe | Tpke y at
Democrats df Mississippi county will had captured Jim and Joe ANOMZDL) ao inst W. Cound A. J. Armetr f
| repeat the demonstration olf last | @0u Woul | mo@thiar at Dexter this irder in the let degree tts : ’
i but om 4a great deal large fiero n with the prisoners ‘ Bets wg st ' keepiny : ; e ~ *
ec u.t r L tix report imstl cVeiming that the OR HOURS - mee ie Yh eatin
’ , ; i 8 ae ut ti . iher-in-las Ags. BOC mw Far in me
tienson, Price’s Landing, Diehl dae was at thelr Orth f | Li weed State vs hoa, Mattox, carr : \
‘stadt, Crosno, Bertrand, Whiting, Mr. Julio Agderson, whe lives led Weapons, Plead guilty aod et (
Belmont, Wolf Island, James Bayou, | $0""! ast of LOWD, Was Only Tre} for) days 1
. (nniston d many other Bryan ted by fa nid of the desperadco: Stute vs Wan. MeGee, robbery. Plead-
clubs wer the parade to throw ‘the | officers off of their! *" ty £6, s0 098 y eee ee RP
r »peniteutiary for o years
. Judge Ballentine, President of the guard, as {he boys were seen . Stute va WLC Aripstrony. murder Jet Ko A
yi. | Airat Seott Copmty Bryan club, was in) > keston yestem@aty Just before noon | degree. Served With copy: Indicitue C leading
Ship the parade. Hie voted the Re; ib heir way West. t11:20 4. te Case eet for 2nd Mort
rv. Sra. | ; : er we
liican. ticket for over thirty years, the general pibdlie are glad thes “. 1 “A ypogk or inet" WW
eat . ie «vy nolda vs EF, ¢ hite and J
Du on November od wil Vole for ater? ¥ ; u 4:3 ' , ; be) Hi Vv 1] ind
fae ‘ . ! “I ile COUps are ib the hands [ W. Mellott, ejeetinent Caurt finds fou (x a “T(
AY , ta officers aud will soom be safe in Jail, | pia tiff Damayes assessed at $20 00 '
; AEs ef ied A tt ;
‘| The report that Joe and Jim All- | as with such MGB ruuieng aL dary ' hiy ceuts und profits adjudged al es
“ “te
right, the notorious Bertrand mur-| it is unsafe to travel of say a word a il ee,
ryan rris et al vs Bar ’ s ed
jorers, were in Wl h the paraders, | The last deed. « harged tO PAHs era . amy ¥ R 8 st ears Harris} ~~
i La ariil } \ > rodney Uies ex -~
est! did not seem to bave any dampening ; } } | '
4 : sv , pening many crimes, Is the Gold blooded | eeptious te report of eo at,
: . / ; omimiasieners ‘.
i commissions —) Forl
sffect yn ne mil loeb) of © f Istuit :
eter . th enc nusiage the nurder of Lsaae Large, @ brother- | urt #Mstulps saine. and odiseharge-
Cl
lerowd : nmnimisstoners i} LmHo a ; bit
in-law, who they shot déad Monday ome Sh APO Jans 1300
| * J. Wibk big float r} t , Swank. Frank Howlett and S. PL Rey
F.. einson 8 Vig oat Caught/ afternoon © ithout any Just CUUSe, | galids Gominiauers and ise @oniit !
Rre danur a or wie tae , ) : caus mlinucs a
ore a iring?th rounds last night, but only that he woul not oO t! elu Verne Vickerel va Felix Sherer, eject KN ig
1% ’ » ‘Pp T) 2 decort : " ?
nothing except the decoration’ WS! yond avd shield them im the mean-|™" it. Court flods for plaintiff, sand
finds damages to be 829 and moutl
4 K Be destroved. The wagon was palled to s ily ;
; ess, -
one side and the parade went on 4s rents and tite S484
rrom tiv present fveling of cil \ ne Roeless Soke Fennema nil 4 ist
f nothing he happened
f nothing had Kappened
; _ | zens of Bertrand ahd this place, 2 | William Peopar granted waiuraliz
udes cles wnie Smith bh McH .
wae Uncles Jimmie 5n 1b Mek juick job may, be Gomme ja athe) ver’
imurry, James Henson, Acey W yatt : : Gra id) ie vbee oy,
£'y < . we, withou Jue ge or jury .
ind one ér two other pioneer res! ietme pen bie :
: - < the : nt 4p eT eS ") i dpe rn ’ ; _* \
dents of @bharileston or the county, ; me 1 pen is ; ety
ial att alone Democrate, had Circuit Court Proeeedings. Bie. eee) sachin oak te re, MA
| chairs onfgpe speaker’s stand. My ‘ 1 and notorious lewdnes a | 1)
! Octronrk Se FourRTH Dat Having po further business the
| The df&mmers, about twelve in llof ry is discharged
} , (‘ou et veers Present .
1296 number, by Georzve Grove, Geo. | 1 ¢ BY? Ao ae dit 7 Ma rua Picky + Felix Ger
oa ii le ‘ J oore @lal Vs > ; ; ae ee : _, j
| Stejningernd J. A. Paul, were the M selena iles petition i het
tay ty } . ; ¢ } R'y Co,, eprotinent ( otit( finds is F er! te and files motion for pew
Aaa). talk ef the ladies. They went une for defendant Decree for laud and State veWitalerk and aA 7 pe
' entire reute with the parade with) damnaye ie ee + ta : " en Se,
os H Ciba : ness ne remiut-!
iClittorches Mind walking two abreast Nannie O. Waters va Stel... fo M. <oa and ecntenced to jail for @* n id
: ; Sy » : : Tor io avs
leas! | They wre cheered all along the|S. Ry Co,, damages. Dismissed by oH Petehide ve Whithkend Metad
ee | ee paiout. eiectment. Defendants fs motion for! ( 8
ir the | FR Wa bs PGRN 2) Ao ‘ ) ye vs okie attachment, Coutio- pow trial. > ‘ we
ued for want of 8a@rvice, Sta MArd r
& ; ) TR re ; f State we Ford and Edward Morto a
oan | HORRIBLE MI RDER. H. Buehanan vs Beo C. White et—al,| peeanit and woundi Aube Naess ° «
: ; ss ; OUT TTS ith inter
my note Cause 18 dismissed As [oO delepc- kill Continuance et Ae) le anal .
acked ant Larnm. J0dyment agalost” other | down for trial 1 Mor lay t De ' .
frou Isaac Large, of Bertrand, Mo., eh hey for €35; 50 with G per ceil w. Marsh vin’ Ruder’ *
tobe ;res chanere f wen fy n Buti d :
’ - y<e Aras rAlt | n -
Richard M pore V8 Créushaw & Beck- | Continued } ind ’ y Carries f
Killed. Partic- /
srutally
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Two Lives for One
[Continued from page 53]
Their hopes had reached bottom when
at last they drew up before a little cottage
in a quiet neighborhood in Kennett. They
were still more discouraged when they
saw that the house was unoccupied. Ac-
cording to the record, a young man named
Raymond Young had lived here at the
time of his marriage, and they called upon
a neighbor hoping that they could secure
the new address of the suspect. But the
housewife to whom they talked, shook her
head and said that she had not known the
Youngs well, But she did reveal that the
family had not owned a car, and that two
young men had been frequent callers at
the home. One of these men had black
curly hair and, what was more important,
one had driven a black Chevrolet sedan.
The informant had also learned that the
couple was newly married, and had moved
into the ready furnished house soon after
the marriage.
There was one puzzling angle to her
statements however. ‘The young couple
had not had any children. But the two
men reasoned that as the Youngs had
moved several months previously, it was
entirely possible that the infant had been
‘born since their departure from the
neighborhood,
The cottage was not locked and they
searched it carefully in hopes of finding a
discarded letter or some other clue that
would give them a short cut to the where-
abouts of the suspect, but they found
nothing.
How were they going to locate the
missing suspect? “If that baby was born
in this county, there should be a record
of it,” suggested Wecks. “And the attend.
ing physician will also know something.”
They soon discovered that a child had
been born to the Ray Youngs and from
the attending doctor they secured the
address where the baby had been born,
But. to their dismay they again were con-
fronted by a vacant house. Once more
they talked to the neighbors, and again
they found that these people knew very
little about their late neighbors.
A search of this house brought no re-
sults and the men returned to their car.
“There is one point that we haven’t looked
into yet,” Weeks said with a frown. “The
Youngs might have left a forwarding
address when they left this house, and if
so the postoffice authorities will give it
to us in a murder investigation.”
Some time later they walked jubilantly
from the federal building with the new
address of Raymond Young. They were
only slightly disturbed to learn that the
suspect had given Paragould, Ark., as his
address, for they knew that the Arkansas
authorities would assist them in every
way.
It was night when, with two Paragould
officers, they stopped half a block from a
house that stood on a corner near the rail-
road yards. The Arkansas officers went
to the rear of the place and Brown and
Weeks approached the front door of the
lighted dwelling. Stepping quietly onto
the front porch, Brown knocked on the
door. Voices could be heard from within,
but these ceased abruptly and the lights
were instantly extinguished. A male voice
demanded to know who was knocking and
Weeks called out that they were officers.
A muffled curse was heard and then all
was quiet within the house. But suddenly
there came the sound of running feet from
the back yard and the constable heard
the Paragould officers’ shout a command |
to halt. Racing from the porch, the two
joined the other officers in the rear in time
to see three young men running under the
street light on the corner. One man
stopped suddenly and fired four shots
from a revolver at the officers, but the
bullets did not find a mark and the fugi-
tives disappeared into the blackness of
the railroad yards.
Quickly, the Paragould men took one
direction while Brown and Wecks started
another way. As ‘they crept through the
dark yards the officers could hear only
the crunching of their feet on the cinders
and the puffing of a distant locomotive.
They wondered how they could ever.
locate the suspects in this maze of cars.
Fifteen minutes passed and they had al-
most decided to ask the Paragould author-
ities to give them enough men to com-
pletely surround the yards and search all
cars, when they passed an cmpty gondola
car on a side-track,
UDDENLY Weeks grabbed the mar-
shal’s arm and they both stopped short.
Someone nearby was trying to suppress a
cough and they quickly saw that it was
coming from the car beside which they
were standing. Brown crawled _ silently
along the side of the car until he reached
the ladder at the otherend. \WWeeksclimbed
the steel rungs on his own end of the car.
As his head topped the sides of the gon-
dola he held his flashlight at arm’s length
and away from his body and turned the
powerful beam into the bottom of the car,
Huddled in a corner were three young
men who blinked into the blinding light.
Just then Brown also turned his light on
the trio and commanded them to throw
up their hands.. Leaping to their feet, the
trapped men seemed to obcy the order,
but in a split second one of them grabbed
the top ofthe steel car, hoisted himself
over and dropped into the darkness, dis-
appearing beneath the gondola.
Weeks kept the other two covered with
his revolver and both officers yelled for
the Paragould men, while Brown leaped to
the ground and began a hasty search for
the fleeing suspect. But he was forced to
abandon the task. The youth had made
good his escape.
At the Paragould jail the two captured
men identified themselves as Fred Adams
and Raymond Young, but they vigorously
denied knowing anything about the mur-,
der. For the rest of that night the officers
grilled the two. Meanwhile Weeks had
found the missing Chevrolet car parked
in a garage behind the house near the
railroad yards. -
When he told the prisoners about this,
Adams finally broke.
“We are the ones, all right,” he ad-
mitted, “but neither of us killed Green.
That was Son Vinyard.” Vinyard, he ex-
plained, was the third man and it was he
who had escaped. His real name was
Dayne, but most people called him by a
childhood nickname, Adams said that
Vinyard had been reared in the vicinity
of Campbell but that he had relatives in
St. Louis, Mo. When they were asked why
they had stolen the jugs, the men said that
they were not bootleggers, but had taken
the containers to sell to a man of their
acquaintance who was in the liquor busi-
ness.
While Paragould authorities broadcast
-
mmand |
he two
in time
der the
e man
shots
out the
e fugi-
iess of
ok one
started
igh the
r only
inders
motive,
| ever.
f cars,
iad al-
vuthor-
» com-
reh all
ondola
e mare
(short.
oress a
it was
1 they
silently
cached
limbed
he car,
e gon-
length
‘d the
1¢@ car,
young
light.
thton
throw
t, the
order,
abbed
imself
i, dis
l with
d for
pedto
h for
ed to
made ~
tured
dams
ously
mur-,
‘heers
s had
arked
wv the
t this,
e¢ ad-
ireen,
1e ex-
vas he
: was
i bya
. that
icinity
ves in a
d why -
d that
taken
> their
- busi-
adcast
sy
:
a general alarm for the fugitive killer,
Adams and his companion signed state-
ments covering their part in the slaying
of Green and agreed to waive extradition.
Back in Kennett, Adams related that it
had been Young who had sneaked around
and secured their car while the battle was
in progress. He had followed the sounds
of the firing until he had an opportunity
to pick up his pals. He also revealed that
Vinyard had once served a short term on
a work farm in Arkansas for a petty crime,
and Weeks telegraphed at once to Little
Rock, Ark., for a picture of the man and
his fingerprint classification. This arrived
at once but several days passed without
any information on the fugitive.
When Chief of Police John J. Me-
Carthy of St. Louis received the pickup
order and the photo of Dayne Vinyard, he
detailed several men to watch the homes
of the young criminal’s relatives both
night and day.
Shortly after darkness had fallen on
May 10, Patrolmen Edward Walsh and
Lawrence Highley saw @ furtive figure
slip quickly into the entrance of the apart-
ment house they had staked out. The two
officers had been warned to use caution
and to call for re-enforcements if they saw
the gunman.
Walsh hurried to a call-box while High-
ley remained on watch, Soon they were
joined by two other officers, Patrolmen
Howard and Holman, These men went to
the rear of the building which was one
door removed from a corner. Then High-
ley knocked at the door of the apartment
where the suspect had entered. There was
no light in the room but the officers heard
a window being raised and surmised what
was happening. Grasping the knob of the
door they found it was not locked and
stepped into the room just in time to see
a man’s legs disappearing up the fire-
escape. Swiftly the two patrolmen climbed
the iron stairs, although they knew that
Vinyard could kill them both easily if he
were armed, :
As they stepped onto the flat roof, a
revolver barked from behind a tall chim-
ney and three bullets whined uncomfort-
ably close to the officers’ heads.
Hearing the shots, Howard and Hol-
man joined the officers and spread out in
an ceitort to circle the chimney behind
which the criminal had taken refuge. Vin-
yard understood the move. With the
desperation of a cornered animal he fired
three more shots at the men, then dashed
from behind the chimney and raced to
the edge of the roof. He glanced back once
at the officers who had held their fire-in
hopes of taking the man alive, then with
a wild yell he leaped into space, landing
with a crash on the roof of the building
next door. Scrambling to his feet he
ignored several commands to halt.
One of the officers looked out at the
maze of flat topped roofs, the series of
iron stairways that offered quick access
to the street and certain escape. He re-
membered the dead marshal in Camp-
bell who had given his life in a similar
chase. Carefully drawing aim on the
dodging, twisting figure that darted in
zigzag line over the adjoining roof, the
officer fired, Just one shot cracked out in
the night, but the fugitive clutched at his
side, turrfed a startled look at the pursuing
officers, then collapsed. He was dead when
the men reached his side.
When news of his death reached the
captured duo in Kennett, Young offered
to make another statement in which he
named Fred Adams as the trigger man in
the Green murder. Confronted with this,
Adams admitted that he had killed the
On Wednesday, July 11, 1934, Adams
was tried before a Jury in the circuit court,
Kennett. Ife was found guilty as charged
and the jury fixed his punishment at death
by hanging. .
Raymond Young faced a jury in the
same court room on July 26. But these 12
men were more lenient and Young was
sentenced to spend the remainder of his
life in the penitentiary.
A request for a new trial was denied
Adams and an appeal to the state supreme
court affirmed the original sentence. The
date for execution was set for Dec. 18,:
1936. Just a week before he was to dic,
however, Governor Guy B. Park granted
him a stay until Apr. 2, 1937. When that
date arrived, Governor Lloyd Stark, who
had replaced Park, refused to intervene
and on the morning of Apr. 2, three years
after Marshal Green had heen. slain,
Adams mounted the scaffold which had
been erected in back of the county jail in
Kennett. Sheriff Dewey Miles, who had
succeeded Donaldson, threw the trap
which sent the killer to his death.
The lives of two of the trio had been
claimed for the murder of a brave officer
of the law.
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[Continued from page 36]
come law in January, 1920, Capone had
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ruption and murder to head of a criminal
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To bulwark his racket empire, Capone
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paying “protection” mone} to his muscle-
men for the privilege of staying in busi-
ness. To augment the supply of rot-gut
and sudden death which_passed for rye
and bourbon among the Capone clientele,
he put 15,000 independent alky cookers
on his payroll and kept them busy day
and night. To enforce his decrees he kept
a standing army of 500 paid killers—
among them the $1,000-a-week torpedoes
who made murder a fine art and brought
it to coldblooded perfection in the Valen-
tine’s Day ‘slaughter,
This was Chicago in the vicious, racket-
ridden, venal days of Prohibition. How
large this civic cancer had grown nobody
but the insiders knew until that day in
June, 1930, when Alfred (Jake) Lingle
was murdered in a pedestrian tunnel
under Michigan avenue. The repercus-
sions which followed practically blasted
the lid off Chicago.
Lingle, it developed, had dipped his
fingers deeply into the stream of illicit
Prohibition gold. A $65-a-week news-
paper reporter, he had a costly automo-
bile and chauffeur, had deposited $60,000
in one bank in less than three years and
had been playing the stock market heav-
ily with a high-ranking police official for
a partner. .
Where did this money come from? The
answer was simple: Lingle stood revealed
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Jefferson, lowa
91
ns cence
PRET ome
ot Be tit
5
eB tators crowded the
ennett jail yard, left
to witness: the execu-
+ tion “of the confessed ©
trigget-man | who was. ¢)
hanged on the scaffold
constructed; near the
indicated below
andoning *
e “Since 3
re one of
It would
‘murder
0 return
another
y knew
crators
sed dnd
id been
ir@ was
vuld lie
ne sus-
1 their
crime
ad left
when
lat in
inter-
r. 28,
black
asket
t and
men
until 4
ou Spot back. There was something else too, but
it couldn't possibly help you to learn who
rove they are. They had a bad battery and bought
they a used one from me.” s
the Weeks and Brown accompanied the man
he . to the garage where the mechanic pointed to
tad a battery which he said he had taken from
ee! the suspects’ car. Weeks noted the name of
-ept 4 - the battery which was a well known product.
thy a. “It doesn’t look like this is going to help
the much, There are thousands of these batteries
‘ell jn use, and we might hunt forever without
ne 4 ~ finding the man who bought this one. Judg-
od 4 ing from the age of that car it doesn’t seem
tle likely that this battery was original equip-
i ment.”
x Stooping, he carefully scraped the dirt
ils of the old battery and
£ numbers which he copied
“There is a thousand to
ie from the terming
b ©. uncovered a set 0
-& into his notebook.
ave been more likely to select a place on the
Wm. one chance that we can locate the place
I e | where this thing was sold and possibly identify the buyer.”
; . highway rather than an out-of-the-way establishment.
Back in Campbell, they called on the nearest garage and ex-
taurant where the plained about the battery. But their hopes were dashed when
ained that it was the practice of
a § Big left the garage to proceed to the res
Be er of the place nodded the owner of the place expl
rp a battery and thus keep a record
point they would h
the killers had eaten. The woman own
the three men. “One of them did do most places simply to stan
she declared. of sale. If anyone returned a unit for an adjustment on the
guarantee they reli ate and thus computed their
PS). dollar trying to win it. Finally he offered to buy all the chances allowance on a new one. So, he pointed out, unless the dealer
© on the board. When the other two kidded him about the doll, happened to remember to whom he had sold that particular
battery, the numbers the officers had found were valueless.
+ he grinned and explained to me that he had'a wife and baby
© and wanted the plaything for the baby.” Still clinging to the theory that the gunmen were residents
The officers felt slightly encouraged by this statement. Al- _ of that locality, the two investigators hurried to the county seat
Me though they failed to see how this particular incident could at Kennett and proceeded to search the marriage records. They*
5 help them, it showed that they at least were making some agreed that if the suspect for whose name they were probing, |
ess in the case. For they now knew several new things had been married in that county they should have little difficulty - ‘
about the killers. One thing was the approximate ages of the dentity by a process of elimination. In view of”
men, another was that at least one of them was married. of the three wanted men, they went back only
The woman spoke again. “T am not absolutely positive of rd for it did not seem likely that the man
this,” she began, “but I believe I heard one of the men call this ed much longer than that. .
fellow who bought the doll by his name. I don’t know whether Soon they had located four records in which the groom had -
i ded like Ray.” given his first name as Ray. Norie was found with that for a
family name. It did not take them long to learn that one of
Again the officers felt enco
one of the criminals, they thought they stood an excellent chance these men was a local plumber while another was a grocer and
of trailing him with they scratched these from the list after ‘a brief inquiry. This
left them two more men to investigate. One of these, it was
ided of course that the man live e men 1
learned, had been living in Philadelphia ever since his marriage
= convinced that at least one of the men was a Pl I
y _ the station they had been robbing was not on four years before. That eliminated him.
Be Seemed logical that had the criminals come from some distant [Continued on page 90]
BPs
» » DETECTIVE . 53
~ when they inquired about
t like to know about,”
© one thing that you migh
“T had a doll on a punchboard and one of them spent over a
in learning his i
the probable age
five years in the reco
could have been marri
a highway and it
st oe ER
: 4 LNON RI at oS glee 8 >
ala ams ae Oe x
Dis he Oe
pres
ae
he Ase tlle A Be
rao ange Sat
Petar
se
ie ae
ing him in
conviction, ©
lled on the
tried and.
eh, without |
upon you.
law should
ating with ©
his painful ©
bench, soon
But it has '
y the court,
J ever saw. :
1 committed
; of the act
f the oppor: |
remorse is —
piritual aid
ice sentence |
> you hence |
1896, when! He .
ysunty jail of -
nay the God™
ence that he te
re his death
» something,
his purpose :
ll he wanted.
d charge of
Tic “ounty)";
HISTORY OF MACON COUNTY
“Missouri. The condemned man seemed to be in excellent spirits on the
morning of his last day on earth and he ascended the gallows with an
- plmost buoyant step. Elder G. W. Buckner delivered an earnest invoca-
tion, but Anderson made no statement whatever. The execution was in»
‘the courtyard north of the old jail. A small crowd was admitted by
-~ tiekets secured from the sheriff. It is estimated that something like
2,000 people were in Macon that day, but none of them witnessed
‘the hanging. The body of Anderson was taken to an undertaking
establishment, and then the crowd was allowed to file by to take a last
‘Jook at him. While the crowd was in town a dramatic incident occurred
on the streets. Hon. L. A. Thompson, the lawyer, stood on the rear
step of a band wagon, which was being driven around through the
principal streets of the city. In the wagon was Henry Marshall, a
negro, who, it is said, had been run out of Macon a few days previous
_ because of his ‘‘preaching’’ Democratic doctrine. Mr. Thompson had
sent word to Marshall that if he would come back to Macon he would
: 3 guarantee his protection. The streets were full of people, all wonder-
ing what the curious sight meant, until the wagon completed its tour
of the town and then was stopped on the square at the head of Vine
atreet. Mr. Thompson, in his shirt-sleeves and cooling himself with a
“ palm-ieaf fan, stood on the lower step of the band wagou and explained
the meaning of his procession. He told the crowd that Marshall had
been run out of town for talking on the side of the Democrats and that
he had guaranteed him protection if he would come back and make a
speech. Mr. Thompson said that he had never heard of Marshall before,
"but as soon as the incident was brought to his attention he had become
interested. The Democrats in the big crowd applauded Mr. Thompson,
who then introduced Marshall. Marshall made a little talk without
apy interruption whatever and went on his way rejoicing. He was not
| molested in any manner on the occasion of his second visit. ——~
A case involving two prominent families of Shelby county was
ie tried i in Macon, on change of venue, in December, 1897. The defendant
was A. Tolbert Smock, a druggist. He was accused of having shot
and killed M. L. Cheuvront, on the streets of Shelbina, the night of
« duly 22, 1897. According to the testimony, Mrs. Smock, who was.
young and very good-looking, had been attending an ice-cream social
‘in the park, and was returning home with her friend, Miss Nellie Hop-
+ per. Mrs. Smock testified that Cheuvront had been looking at her at the
park and that as she and Miss Hopper walked homeward Cheuvront
had followed them. On reaching home Mrs. Smock said that she called
- to her husband, who came out, and, noticing her agitation, went out on
Imitted
risno |
HISTORY OF MACON COUNTY oe |
An appeal was taken to the Supreme Court and the case sent back
for re-trial. On the second trial Judge Shelton, the successor of Judge
» Ellison, was on the bench. The evidence was pretty much the same
aa it was on the first trial. The jury this time acquitted the detendant
- and he returned to his family.
' On the 26th day of May, 1896, George Anderson, a farmer living
- youth of Atlanta, stabbed his wife to death and then attempted to kill
_ himself. Parties who entered the room directly after the tragedy say
that it was splattered with blood and the furniture knocked about
: everywhere. This indicated that there had been a fierce fight before
. the man succeeded in overpowering his wife, who was a large, strong
~ woman. Anderson was a small man. It was never known just why he
-epmmitted the crime, though it was said there had been oceasiona!
disagreements, at one time a separation. ‘Anderson was a man of good
habits. He and his wife attended Sunday-school and church regularly
and they stood well in the community. The murderer was brought to
Macon on a stretcher. He refused to employ counsel or to make any
defense. Judge Ellison requested Judge R. S. Matthews to defend
“him. When Anderson was arraigned in court Judge Ellison asked
bins; ; ih
‘Are you guilty or not guilty?”’ ;
*Guilty.”’
“Guilty? Do you understand, Mr. Anderson, the consequences of
a plea of this character?’’ asked the court.
Vos, B1f.??
‘Do you know that the result would be punishment by death?’’
‘Yes, sir,’’? promptly.
‘‘Tave’you a lawyer?’’
‘No, sir,”’
“Do you want one?”?
“No, sir.”?
‘How long have you lived in this county, Mr. Anderson?’’ :
‘‘Hiver since 1867, except five years. I was in Kansas in 1866.’
Anderson refused to go upon the stand. His lawyer made a splen-
dia fight in his behalf, trying to show that the defendant was crazy.
“Qne man on the jury refused to bring in a sentence of guilty. The
wther eleven were unanimous for conviction. Judge Ellison immedi-
ordered another venire and next week Anderson was re-tried. —
he sarne evidence was gone through with, and the same hard fight
2 twude by the defendant’s lawyer and the same instructions given. Ander-
- gon still preserved his stolid indifference, sometimes lying with his
* Sona: ees, > =. t= : — oe
i ap ne i re i
5 5S AE ar ore ren rt =
Lg pA ee, Sayre ee TS
210 . HISTORY OF MACON COUNTY
head upon a table and never speaking to his lawyer or assisting him.
any way. In this second trial the jury was unanimous for conviction,
When the day came to sentence Anderson, Judge Ellison called on the.
prisoner to come forward and listen to what he had to say. ae
‘‘George Anderson,’’ said the judge, ‘you have been tried and-
found guilty of murder in the first degree, the result of which, without i
further intervention, will be a sentence of death pronounced upon you,
Have you anything further to say why the sentence of the law should
not be pronounced ?”’ ea
‘¢No,'sir..’ .
‘You have not?’’
‘€ No; sir.”’ id
‘‘Mr, Anderson,’’? said Judge Ellison, in a voice vibrating with
emotion, ‘‘I am but a humble instrument of the law in this painful.
ordeal. It has been my hope that my long service upon the bench, soon ~
to expire, would close without facing an hour like this. But it has
been decreed otherwise. Your plea of guilty was rejected by the court,
thinking that probably a fair trial would elicit some fact showing your |
mental irresponsibility for your awful deed, proven and confessed. No
such proof was adduced. One of the most intelligent juries I ever saw
has found you guilty. I approve of that veruict. ‘That you committed ©
the deed is confessed; that you were at the time conscious of the act
as well as of its wickedness is clear beyond a doubt. aie ea
‘‘T shall not, as is too commonly the case, avail myself of the oppor
tunity of feading you a long and painful lecture. Your remorse j
evident and natural. Into other hands I commit you for spiritual aid +
and comfort, and, obeying the mandate of the law, I pronounce sentence %
of death; that the sheriff of Macon county, Missouri, take you hence’
to some place of safety until the 21st day of August, 1896, when,
between the hours of 8 a. m. and 4 p. m., at or near the county jail of
Macon county, you be hanged by the neck until dead, and may the God.
of mercy and justice have compassion upon your sou ie ser ta
Anderson received his sentence with the same indifference that he: 4
had shown to all the other proceedings. A few days before his death
he sent for a newspaper man and requested him to write up something,
The reporter tried at that time to get Anderson to confess his purpose
in killing his wife, but he refused to discuss the subject. All he wanted:
was a sort of card of thanks to those who had been kind to. him while
was in jail. A aL en ha ea e
A. J. Asbury was the sheriff of Macon county. He had charge
the execution of Anderson, assisted by Sheriff Pratt of Marion county
vy
*%
ete. ee eS eS Se So ae
*—_GURSESHEARNES,
“LAST WORDS
3 House Members
. Who\Voted to Keep
Death Penalty Wit.
ness Execution |
i
¢ N\ % . .
*\ By FRED W, LINDECKE
_ A Staff Correspondent of the
’ \ Post-Dispatch
JEFFERSON CITY, Feb. 25—
yd Lee Anderson was exe-
-- cuted in the Missouri gas cham-
ber early today. He died defi-
antly, cursing Gov. Warren E.
Hearnes, who had granted him
~ ee. an extra month to live while’an
: ; attempt was made to abolish the.
death penalty. ;
Anderson, who murdered a 15-
year-old St. Louis delivery boy,
Thomas E. Grupe, in 1961, died
._at the slate penitentiary at 12:15
‘a.m. :
Among the witnesses at the
execution were three Represent-
atives who voted with the ma-
jority Wednesday in the Mis-
souri House to kill a bill to abol-
ish capital punishment.
Confirmed in Vote
, Reépresentative E, .J. Cantrell
; (Dem.), St. Louis county, said
j he went to the execution to try
, to decide whether he had voted
correctly. After watching An- |
derson die he said, “I'd vote |
the same way again tomorrow.” |
fiemrcas pw +00
_ The 1124045 vote in the House
against abolishing the death pen-
alty was the end of the last real
hope Anderson had to live.
~~ Hearnes had made it cleay When
- \ he granted Anderson a Stay of.
execution last Jan. 22 that if
) the bill was killed, he would
permit the execution to proceed.
Court Appeals Lost
The Missouri Supreme Court >
Wednesday rejected an appeal
™ . for a stay, and the United States
Supreme Court yesterday denied
-an appeal for a new hearing.
The Governor yesterday denied
a request for a board of inquiry
0. OF commutation that had been
“on file since Anderson’s execu-
‘a tion was set Jan, 22.
Anderson, 22 years old, St.
Louis, displayed nonchalance as
he entered the steel gas tank,
He pulled up his black blindfold
to look directly at the. witnesses
- behind the glass windows.
As he was being strapped into
the chair, he winked and smiled
at the spectators. Handcuffed
s. and clad in an undershirt, black
shorts and socks, he helped the-
t Prison officials adjust the straps.
2 Curses Governor rf
‘ey, It was when he sat waiting for
the cyanide pellet to be
ae dropped into acid beneath his
_*.* chair that he tumed belligerent. .
“ SS") Shouting so that those outside
-- § the aluminum-colored tank could
e hear, he cursed Heames and
»_then all the witnesses.
Besideg Cantrell, other wit-
nesses wore Representatives Gus |
* C. Salley (Rep.), .Watsaw,- and
Dewey E. Hankins (Rep.), Cass- |
it, Ville. Also present was Henry
¥ a’ C. Fredericks, special assistant
yf circuit attorney, who prosecu
e Anderson. cide
3 “Acting Warden William P, |
sem Stainhancer caid Andarcan enent
-
“s
%
oe
a
-cuaayfcnwtqena Besides Cantrell, other wit-
Shh od a7 F
yn * C. Salley (Rep.), Warsaw, and
ee Anderson.
gi
JOfMy Wedicoday i the tthe
souri House to kill a bill to abole
ish capital punishment. . ‘
Confirmed in Vote -
Répresentative E, J. Cantrell
_ (Dem.), St. Louis county, said
he went to the execution to try
‘to decide whether he had voted
Correctly. After watching An-
. Gerson die he said, “I'd vote
the same way again tomorrow."
The 11240-45 vote in the House
against abolishing the death pen-
alty was the end of the last real
; hope Anderson had to live.
Hearnes had made it clear when
che granted Anderson a Stay of
execution last jan. 2 that if
the bill was killed, he would
permit the execution to proceed,
Kena Court Appeals Lost
The Missouri Supreme Court ~
Wednesday rejected an appeal
for a stay, and the United States
. Supreme Court yesterday denied
“an appeal for a now hearing.
The Governor yesterday denied
@ request for a board of inquiry
“Or commutation that had been
on file since Anderson's execu-
‘ ton was set Jan. 22.
Anderson, 22 years old, St.
Louis, displayed nonchalance as
“he entered the steel gas tank.
He pulled up his black blindfold
to look directly at the witnesses
» behind the glass windows.
. As he was being Strapped into
the chair, he winked and smiled
at the spectators. Handcuffed
-and clad in an undershirt, black
- Shorts and socks, he helped the -
Prison officials adjust the straps,
ao Curses Governor ae
#, Tt was when he sat wajting for.
cyanide pellet to be
into acid beneath his
chair that he tumed belligerent,
Shouting so that those outside’
the aluminum-colored tank could
, hear, he cursed Hearnes and
—then all the-witnesses.
» Nesses were Representatives Gus
: _Dewey E. Hankins (Rep.), Cass-
t Ville. Also present? was Henry
Vic. Fredericks, special assistant
' Circuit attorney, who prosecuted
Acting Warden .William P,
Steinhauser said Anderson spent
Several hours with the Prison
chaplain yesterday and “was
calm as can be all day.” He
said Anderson told him, “You
just tell them I didn’t pet a fair
trial,” after hearing the. death |
' Warrant read minutes - before
~ the execution, ee ;
Steinhauser said Anderson's |
Only question was whether the
cyanide gas would hurt.
_ _ Anderson, ‘thirty-ninth person
_ to die in the Missouri gas cham-
~ ber. lived in. Death Row_in the.
« penitentiary for four years as his
casé was appealed through the
- * Courts.
He was convicted in Septem. .
TURN TO. PAGE & COLUMN @ |
“4
2=26=1965 6
Np p | ANDERSON, Lloyd Leo, black, asphyxiated Missouri (St. Louis City) on
GAS CHAMBER, | —
\ J
Post DISPATCH (St. tanks) oe “6 :
2-26-1965. es a py
Lote eee
Elina
i ETN pF Rie
‘
Sa eat Se
__| Anderson"
| ber 1961 of killing the Grupe boy | f
: . Pras
Lys
Sal
.), St. Louis, called An-
Oe ne killer” and said |
- Anderson took Grupe into the
‘basement of a drugstore he wee
robbing. and shot’ the boy with-
: rovocation.
O'Reilly said Andersoa adrhit-
ted killing a mancin 8 ego
—< robbery and was captured in .
‘act of still another holdup. .
said Anderson's accomplice %
the robberies was killed by po
lice at the time Anderson was
apa identified his wy
plice, Clewiston Jones, as (ne
killer of a third man co Poa
a victim of one of their hol i
After hearing O'Reilly's speec
and listening to several aster
- discussion, the House ms
* down the bill submitted by ie
resentative ee _Howar
je St. Me :
The Liniog of the delivery boy |
took place in the Speckart Drug
: _.. Store, 4100W Natural Bridge ave ee
<1 ousee eee” nue, Paul Speckast, the owner, pn
: was beaten and wounded by An-)) © Sees Cs
derson, Jones pire third man. Pe ae |
was taken.
arent ak defense attorney,
James. Rankin, defended ot
youth as the product of a .
Louis slum environment. An acs
son was 18 at the time of te
killing and lived in the
block of Cabanne avenue.
He was orphaned at five years
of age and had been eg? yi
his grandmother. By the tin v,
he was 14 he was put on pro 7
bation for breaking into a store, ,
and a few months later was
sent to the Missourt Training
School at Boonville for attempt-
robbery. :
“ine met Joie at Boravilie se
both got » the
peisanced odd jobs for a while
and then took up a"
obtain spending monty. Ander-
son said they spent the —
_ drinking in taverns with girls.
i
4
eae ,
(Bower \
SHANNON COUNTY CIRCUIT CLERK & RECORDER OF DEEDS
Ville Orchard Eminence, Mo. 65466
October 31, 1977
Watt Espy, Jr.
Law Library
University of Alabama
Box 6205
University, Ala. 35486
Dear Mr. Espy:
According to old folks Mr. Baker was the only person to be
legally hung in Shannon County. After being Circuit Clerk
for 9 years I haven't found any records of any other person
being hung.
That hanging took place on January 10, 1899.
Their is at least one person I know was at that hanging when
she was 9 years old still living.
I hope this is of service to you in your work,
Sincerely,
/bLucille Orchard
of
Tas
ys
'
an
f
'«
. I.
i)
tether tlt white to wg
«
“af,
4
Se)
ty
mi
M.,
:
1 Mout led,| Over
he Array yteld
CON ah Uae been
Presiogn ‘Ilr betembiag
fer n'tiima Vrevhouy cy
‘Li reewnthundtre | Bes lor aboet nthe? y-
beret! peor tas th, whereag he pe---
The fatdol abvap Cwhury ste hamt of
<5, OF Od Liguilresg an elghoy thousant
1 ieundd vet nooths abd Pt onpectn alia
etn e Np bon Yates,
mily one, Peay coungy,
I. URN hele aty lim ig
mR ett | beartially
Ye.
Utes moe
~~ iva, dees thhowt
hourn,
v deg Vifulant a>
1) wemptrig uy
CRN OL camd oliaad
CMarted, Shish wie
Phebe the dt fagntts ys
Ger clothing ont
che eapired tn Bb.
Ties OUD Ort rng FAOBL eRe ie:
HO Gre luy«m
Ube
hae
[tian mound sad
OM LUG are ive tes hi,
than lthe otras
ive thie Dotrletp pag Chat the give
Yar obi Amy yourmp “Xi, As al the ¢
Po that tte BUIM ity imnuse be Yory
lenane Le Vulva eiay. nt,
eR Cabdets Tp eens say
Site ign Ay
!
mteht the pry abe,
ms the Hetita'ng
r vac Moitamosige|
]
Wation ile weet ores
CRM Nae | Wrter, of
RE Stat DEEL YET Pe SOM ear insan'y,
ber By ge edecny mbes renee P from yc.
Heled Gb yuaqun tecen (3: thain, woea Ne
PAY Pinder We trad and the waoly
fostitent
“Jot low tl “fi vr:
‘ects fone of tbe bfew
.
Valoroet ty.
LA rence $
Sepry roa Wo in Keo sg
Vee aged Fler abed wists tie
tran fay Houoty, dg) at
' Hh Wes tere,
on Tlie
. to madaty, Wy i a a AMD meted tis
Yv “tt tw AN Ma at cg Viteye sane
: of tt ‘hoe el vf “Ss 4a.4
Q\ ot Phat faye cen Yooy by tate,
Motte tothe ee a areas ee catling himeale
tater te Shonitwool Stel Zia chureh,
o™!
“NO
>
‘me ofrling hee Peery weeny
NY noe is fife TON CEL
!
atl n de paration tewok [ia maT
ty rn | formed Cy Heel alae of a
owed Lae ow oe, Meabrie i afera “urd.
tava, Shheir am Slit tides fantent
*Tomgds, when a Cry mvieteetst arated.
‘The nigoe
UG beveras men dace Viorce< que ay,
or hese of
bag tus Wheres vouls
y ‘all td havea consifera’'a namher af
>
\
%
U
™®: probe
eouutt and a Viwliaathle Carin tn Kansas,
ty Te $5 008 ClLp ka liw thay pre
‘Sa’ or UN 1p fe cr pe nce
} =e
CITY BREVITIES.
a og Ed
Poors tue ATS... WM. Cerner, made an
homrd, weg: yoaterday anagie t
md of the Thied Brolice Machel, anl
«tothe Firat,
V4. GARTER. ~The examination In the
ato fe.) Carter before Justhee Gun.
COmeluced yertes RY. Au Argument
‘he chubaeet for the tle feria? lo atiow ile
week hliog tad lLedo memale by the da-
bal ‘therefore the chargy was ground-
‘tee fowk the case Yuder advteenecat,
“FESMIT.— The ehjef ongineur of th fire
ani(d a boutkling pormuit Jeslerray to
fo ofect a ohe<at ftaree buthiing om
: Of) Choutems heenee and weet of
ue. | The estiigatedl cont ls gAu.
A COLOKED May.- Ag Ip jueet was
y Liapttal Nettanter 0@ Heary Jotin-
Hq bad ren rethoved ty the hospital
4 died thortly affer, of fatammation
Defeasa! wae |: yosts Uf age and
Ojed aoe retvandt. A vordct fa ac.
th@¢ facts wag retirned,
A SALOON. Mr. J. 1) Layton, re-
124, Wanh street, was ribbed of $0
Mibrgan pterot, between Fifth and
ray aternoen, A woman nemed
‘Ub whom Layton had been tn com-
“tel. SLO Was drunk, aad no in ney
vn Leg,
TORENT. -- V@eterntay morning at nine
Mathews wad Tp neat the cornice on
On Dtxun st , beteogn Fillutt and
‘b@ seaffoldjug japon which he was
tay, and be w red pl'ated fren
! ¢. the groped, Ain. Blathews fell
oylder and 4, receiving a deep
ital over tha eye, aul olhorwisg
° Clie te he aw’ be v8 ' ,
|
|
!
gna een.
— eee
BOTY ed emma one; toe lings Baek bering
areca pS ide mterl leat the f-nturep ASC OAT EC Bath one
Of fa lrute Kelelalys degmidy | ae bar level ¢(riminals
AS eee as bart'y Lke thar of R {lisa
tle wig burn ta March, Tia, mt MSckuaa, Ky. Vee
tether diel when be was etven Jaysuld, sod lis
inther went 5 Jagan... "Wnty, In th@® pane Blale ina
few dats le reteset ty Mtl county Messe,
Whete he test is baat Due eon win Seed Fae ta tty mol
at Vileommol) st ined COMELV ahem mbunt wight
SA Ob Be wae ner Ihe Mar lianghip of My
frre Mille for msi Hits Tether iol Peeper of
{le value. Bim aa riist fre lise, Aled Bla tint on
Beeerht wy ade weietan pre tae Gt scmer fro ath alate + €rtarscme feed
wt), thrtn A monty Neit bea dg thea Me,
Miurter wept thos Meine, wd he titted lo tah. bal
PON sti ow este at wae tt tefiin Order the be mig’
wired ot. Belliey refrrq 7tas Geil bios, ated Cle teats
PRIM SEEN ben ate at My he btabdeat Bim tn the
mesete RD wt A kates [hq wognt was Hate dam.
reer Tatal mand Ue nae ig Judh cai tngestige ion
Mele the anatler Ussdew nt {ae ara iat THivtteen rah
&WAY from seh tad Chen COTRID Nel ote mie
hie wiht cate, Portree the Mal ld petved orn
the Cankes 9 ate alley, Wid twee Yuara tn
Vee baghth Mieourl raealcy, mad served noder Jeg
Ph. te pecnn Its Pepm tle wither egnmr der tse croam.
wth fingity Of detagis
hiliccd wth y Nwediterd
Patat (he aloe: of the wat hie
Prrent, ald aferwards hunny
Nitnny witout BAUV Poo tho aia oz PCr ec ati ga wet.
eevee. Ilo Went Ts dtwey ogy Ncw Mioaeloiad
Le Ae Te Pee ee veoakel foe sods Ghiewin. this
Pep alatian wan rot atallagy Phvintse ony,
Abilcn SR PTING
Ad cffart warps IPROE TIN 4 mamnlastton of the
MiveiIne dt Batiey te race PDEs a oa ee tte,
atel mw batye uy siawicd idtealutep were 1 Wet ter ng
Pele de fer that
Powere tel tye
Aiewgy Chem ban Ltrewl
Tres attte ta chisec. es
{ety oma
"tbe than
Tin te emt Dye Meven, Pete wea, oda y MioUiary Mould
ne eee Oe ,
Math y ce: 2 ea ee th Nove Mw trig te ony
a ee Ty Wo : ho oe ee ee
rane pep ts Lepr. Ve Ifevip er hy oom ¢
Verge betsy face Qeeou. S40) ty CgrBive atta.
Cheape, bur My Figy meen wap tuebronyoecds Hs was
PONT ad at New Siwets st
M2 Dhavinon tevar Moorthy,
mat dn Chitomy ne ity
The prtronse conved
tarredet oy eltioug Kseret. Shug
RP ABU EN) citizens ty
sas] froely at.) was INATEY itty
Ly Tueniay Merit: When thy bag
fier the eM Lon Nga Liver Me,
revved that be dae ep aded qe cite wa beedey
Meeuahs troay Pach ron on Puominy, bul Bo was das
’
‘me
f
~
4p botnterd.
He prepared several «1 eroaute ba they wery
thie tty Peferritig toy deattech mo Connertad withthe
oS Thea he sited tha hoahewl
acl hia a beowtnage div ptay st, alt]
Hat divest he woutd Nara baeey
ale vte: man, as abe. ts Tonbt, would have faugul
Pstee tut us tether than be wasnt his daye would
List @ Pree ny eitte aiteront tn thede ending
bee ntmterd that die “RING Was Changed fron
tert oH. Waele to that’ of Halley whea
hey wae mw bev and that he hep a brottvey
ere Uwe wietore Iydng fit Wd bot know thers.
Pie actuttled (De shin itag. bul exproseel bis ating.
Jar “Ploton thet the Abiola afield Bol CARES Uren
Genth, aud Chat this we. aaeod by wo pearpse Jutanp-
Mem Brew am bee dey por MTT A@ De wan accy for
the creurtene: bat war Ueermicel to meet death
Without thie tang.
The Cotdetntedl Ban tow
Remwiv, of the Charey fhe Immaculate once ting
Bho administered (he ec. harigtand the nu tamead
vf Penamotyu hun.
PUR GALLOWS,
The galinown wae a Trey dmperfect atructace, the
trap being cluialy a ranged Sand the platt.cgn
bearg eo low hata hole lel to be dug tn the Krouad
inorder to iuaure the tuan's aurpunaiven in tbe aly.
The trap was worked by menue ofa lever auilar ta
that ofa brake On an ekpre@s wagon, aul which,
when move’, inp a ata boant unmlerthe trap dour
and allowed ible to tumbia.
THR WV Hg oN, ;
A crowd of about one thousand poraons amsamb lp
Bt (he ovart-howse, near where the ga'lows wea
placed om Tueeday Morning, ib anticipation of tha
(Recution. A large projea‘ton of it wate oColons
perm us, and there weea comalderable nambor of
women aod boyn, [t warn very omferly crowd, and
there was none of that levity usually exhilvted on
each oocastoua, The morbid Chrtoelly of the cro@d
termed se Intense that everyting clas was absortewl
fut. The guard armed with murkels were afa-
thot ed on cach aide of the gallows. ;
Halley, dreaead in black, witha amile on hia face,
wee comducted from the Jamil by the = short,
and anceuded tha matlold at 1 o'clock Ptectaoly. fle
Was dressed In biach, with Cape to protect him
from a pdercing wind, and LO Was Acco npantet hy
Ve, ws et v, poo ’
Sth of Broek. Lua
beer ted that he ous ek
be thought that af rhe
he bite coufesef on ty Rev. q,
Rin ks
j Jemred a ule acre pl hip farmito doha tan
Mie Carag, LmAwED.- Doha Aw,
Mamcwufal, wt> will at Cate eink weoba't th.
The abd larituated an the St. Louls ap! Sew
eri railway, auc tx about tehlesy betlweon U¢
and Mamuleh, °!
’
7
-
|
i ' |
Werchant's Pretectire Wreoight Uaie:
A general meotng at ment en will tee he!
Csroing eC Dall pmeageevena de bin tie lel. -
donary of the Sonthetn hotel,
all wginberats particular’:
: : Stroy.
PreetJar
f dies mCletudaa reg uf
tured H MM.
St Laeuial Das 1 i ra)
boas 4
Card Frou Baepeei BD. Mendel.
The in. re-ehen besing Avie out Chat loam ab...
forty ace Partnersalp, algo that I lave le p> mes
Dy troy eterecn the moutb weet corer of Sixth
SMathkeot, Po inform Oy Glemia that | a! oe wm,
Pihetor and inter d fo fen g'n so. os ren
Gition to bustnere gn moCerate charges to mer:
abarecfthe patronage of theYubiie,
POS. Dhasen media | Rereeelieut of Uotlet
ches and Porfumery etitatle for helatay pros nt.
PMetE LY THM MEST PiaENe you can y
your bev for ae Meld inas ptf is Veen,
Per sth eall atthe rellatie Ss
Mica,
SN Of chet bee,
re eae ee sutheagt corner Foarth an! «.
he etreeial where wal 1e@ floured the: Tarpest ae ak
thealtty ., leet Chr tu anil at Ph ce dower than:
loweret, :
Nerster all re Ce a eT er ery Pprner on
Teal Posie’ trvatiyeg gen
COmMoroniran Primary, ¢
harmlewe | ace Tonder in the
We OKL toe mw degeyeney (lusty powder, but
Pkt term, and very ‘comvement fot use,
ete mg tt le, besutiig! amd flossing in GVOLY Feafar
Sobl by druggteta and fancy goods sealers,
car] bee .
Petra rhakese the
‘A IMA egal oa
lt
pre;
Abtneor |
world! f4onee
resdae
Perfort obey ty ter,
Maureen me dred Oy umpg Juniper Lar sx 4
trade by Caewell tiprant & C®D., New Youk.
Nick CArP4 FOR Bove tOR $6 OM,
AemPthe thing tor A bollday preeent,
- Srak Chora: ifomeap,
Corber Fourth and Closiut etrata,
0 9 bas wee eases
EF cttn durable arb (he ber fect body tting abhir
At Poracn’ rn,
CURE ron Con MAE OKR Conte Ae won as Lhare
the ecphtest Ulcpsi fie ee of thecheet, with dit wily
Vremibing, or Mek plivog of cuugh. take during th
dayafew “Brown's Mromebial Trochee
Ing detmuteent ingtéedi¢nts, thoy allay pultuonary ire
tuthen. Jinte therm in Fowliuens open the tist %]
beanie Uf a coughor a ki,
Cuoutalin
. i “6
Girta.—The Ueplay of goods usually kepe in,
Uret-clase store bs very fine at Melntyre’a, No.
Soath Fifth ptreeg; “Namerous novelties for gifts
Sunday e hools can find Just the stock they want,
THe Rise Brine Gkbhat
Since the great reduation ia oar prices
Buatnese pits,
| (vercoata,
Oapee and Talmaa.
i 8Tar Cunuinxa House,
Cogner Fourth and Chesnut streeta.
’ -*
of heavy
Pismsovery i. oe ee ee
4o,+' -# woe
("y eau The Someday laa shes af In dbuela-
LL SEIVO Sem ih ds peeing tl Uwe, (ft the
sty wilt CHV Pe the pdt hy Wav af
sbrudge amd pe ia-tejes lene
eo On 4
Mla, atl do the aieilar aud bridg-
j
sO fe ty
(the new Prevent the road
iUrtbutary bh the No@wth Fisssurt, af
etree ol Wfing arnet het beatae at
a Y heretofure CONE tu plated,
ot
MISSOUIRI ITEMS. |
|
—— +
SB aol abel ied fn
oy Willa a) lunolacd,
- be bay whiety were Lian re Oppuriund-
He saya he belies ex Meho bad pot
would baNe gttacked bir,
Sfine edunty. 2
*Bfuall yy. Ihe
y, the of) the Citenw of Iagrange
Pilon of (wo hucdred thousand deol-
oe four actes of land tu
COM peLys fue the erect
“4008 or §0,U00, tows CHpelly, to em-
Mr and Sye tupet eg Wijrk ue, and to
pleted anil tp tut’ ruamlug vedor, alx
and duliabs, '
: he 4th, William J
tines Burs dr, im Clady conmty, and
My walt hiuy har BORO afleged ‘offones,
od to explain, bur Jantds would liseen
Bolly spate at hin with « revolver,
Hadiemw hp knife wel cot tim po badly
about auhoge. Mr. eurtendcret
oR pant) ine onthe ground of oxn.-
Gg In eelf tdfence.
sondithan of St.
he city linia,
on of aa teva
| ‘
as'us; went to ths
Prapeots county ts
4, at thee prone tue. | Notwith-
ry COr Mite tatly eallay encepuntered
ethtanke witemegt, mod the great
ibe vewcounty J ail, the couuty te mot
» UC hide ag ace amuletion about
vilarp inpthe treagury.
the agegt who was ‘ongagel by a
tH in (Me comitrea! portion of the atate
Det of brvante frog Seaihn, will
a lua fem days with iy-threg 3 welev.
mene hab Just mate iits appearance
stn Bopne conary, Whish trenton
spcead! anal Vory l¢ntruct{ve. ‘Ine
Wn With) thd disease aga dfe fn « few
if, livef areal ligats, bikea dxaniunel
a dback jan § doen od.) Ns» o€e secoums
scbarpetar of the diwase, and tn-
>
X
U
y
:
x
y
- Gloom the eit seee, i Deeb, Nernue,
soa south iof (datnbta, boat cbtas hoa
(he ws ignge fatality,
CO. Wet about two jmiles north of
a heifer bucned Mistotay, the oth.
Noa was aleoMestrsy ced,
1) imetmpn, ving dn tte north part of
Ven tithingily hile! Motutay, the S b,
Siteer bh oneg by che wind, ge be Was
hee Fagor Erle to hte work,
MW, febm Saiecapoiia, aid Mo
oad, puamopige COsing @ woollen
sbhiad eptlog Ih tog northecn port
Phe Soutstaite: wrlin are airouly
ORT S eee ou thay Ki¢uol, aud thres
nemeat took macs at K evetosville
h peo lera then threes Wheatacre
toed three wtf} le pa RUD UIsuic ated,
todhfomet witty thein to the ase
an nib. where they were anited to-
ineflaatrnn Gy, gud went on ihete
MWg All the parties ware cok rod.
thie monthatha yleld of the St.
“eI St. Frame county bas been
‘OY. Over previcgs SPT bepondiag
Taat ytell far an’ Tine Prevbows to
ron hundre | Piteyor alboet nine y-
Win per niomth, whereng (he prow-
ratq@ il aleoal twhnis ste hamt of
ond baudresg aul efghiy thousand
id per mood ade [Ccepeoc ae a liid
The Mo. hep b/,
MPise Vateg, a hea rtifal anita:
' Posy cungy, tho wremprine uo
“tle mty teh Wh OF cil tk uf
! i beartially ct ried, @hiok wag
POU 1, whee the off tentent
Ul potraerme met ber) cluthing va ites,
sesfanly tdame ted eee in abo i.
‘ fiseg enhigzi ocak waogattias.-
o MO Susthvttia, May eonnte, hee
’ ‘iow Ld
|
|
|
|
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5 Oe wy bee diag
Meik icly Welt) Peam@li fad Uae
Taehinern watl Clear gril ty Inakye
Baling Wea Tbisavk - that nigh:
Iho ¥ qa wele ligwaveag of AYU
Ch Thea ae that an ponies Wines Cul LE tog
Teocered won et aby avdHf and: tbe Qa slik to 5)
Leute ater he bad be Cie f
AMKISS oF THK MERMDF 4h HK,
It wis no tew Uing f) om nieuw ty Spetined in that
PRtlol tbe State, ats if dad not Biro baal patie
MPC MOM War tanh Cubra get ag ay step4a were Linon
Peeps to being the Koilty mah te Pisdee. Dor,
Who wee ay Ametioan, about “4 Yoarq vil, atal wi:
bad tocenthy come from: Oreed Couhty, Arhanes uw
bad bad ne Mhemts ta Dye acer ny one penn f
tole VAIUCULay Intoreaand in bbe Batter, Dye! ‘y
PUK Bes usual ave 4000, thatolg lap Tur, with-
Out Tear of betuy arrented, Many ehtrgak fai au
NOlrheeely Contant with thas. fog mlihough yYouag in
peat he had acqulost the repuhetion Of @ Uespycata
tet Wye wag rd,
"Rented bis
*tocisia by
chatecter, acd he Doaetel of the deed Cor wodeh
he mus a'timately tu be beouzht to accuunt,
Ile was indicted at the April term of the New
Madidd ctreust COMIT, atl learniag that be wap mou
to be arrested, at once eft for Sesore ‘Cvanty, where
he bred once raided, Mo was puraugd ty that aal
other counties by Mr. js) KF. Boyce, who waa then
ebo- tn, but efurted capture. ‘Tho short called Me,
NH. F. Beymer, the tuwy marehatol Naw Madrid, te
bia aeaintauce, ann] thie uthtec ulckly Riuntel
Melley down. The atrent Was hadefn Obion ouuaty,
‘Lenreesec, in Inty,
Mr. Beymer dound biin ergefed ta choppiag wood
at Kiley's ley ding. Hy came Ypon jiim uw wares
ard ocempelled him te eufmonchkeer. Balkey dud
avo alh og go} grace, Niding theag ohe
cab nok so Nis I4atol, which Wks
lytnyona log m@ few yards latent. Al the Oct ber
term ofthe court hlecnse waa Qutldued, and in No.
Souter Che clreait court ket Delug tn Rome, wed AD -
Pilewtien wae inate fo the Sta do oof the probale
s0ult for hin roles ‘This was Ktaniet, Bailey
having been indicted tor Only iaurder ie the specand
Cexiee. Howse roledeed on Bl,508 ball. His casa
wee Coutinned two otber terma of the coart, and
while it was thus pending anotter murde: waa com:
mitted in whiceb at
PUcated. "This was
Wer alleged that Batley wap tin-
known as the U§orton mut der,
the vietim betog Whllaun Berton. s feciger who
Hivedd near Muddleg Polnt. Seve pw! men want ty
Thin pereon'e house one Might with gaarderage inten-
hone, and Berton, only Dalfdrenmet, tried te a ape
throngh a teck aoor, Me Wad phol dead ab suon as
he tuade bis appearance.
SU. Giivin was ope of the Ae Gritlea of Ailey,
and be with his co-pufelh x Apgar Yo have Wad Cueir
Cortidencs in bim shaken afior thin triapesctiun,
They datertutned to deiver hina Up tothe authori.
Ue, and behaving IeM the county, they st iat him
back. He waa given wp by thenia March daa » ta
The April toNowing. the krand jary found an todict-
Meeue wxalBet bite tor anteler ithe Hintde crow, for
Lhe hile of Bere i, thee ieee HO Loevlig oom pee-
rated tor wuurcder tay thoy sccm! d¢vroe in iulstame,
The cid tattetarne WT WAC Ginthidese Lomi Cle Oaas wae
Beeln couttiued tw the Of ber tiem. Law oar
Biiley ean found wtslty ated wae pole tc
Ct be happed oa tho olotty of Dooce ber, Hye
wee reinevedt ta eckaot yal, Cape dilrerdean conn.
ty. the pasloot New Wadrpad PPO Ly Mot betray pe:
Hhte comabines Whre sn tail is grated ta tavy thom we
Ctoplary. beacon ted hitnmedt there with die Cathe
ie Chureh.
BWAtTLEN QND tis ASF R be rs,
Patley’a appearance waa Pethoe anmorywewatn ys.
Th wintue De wana ite ageova the Ine dud betes,
Pharely Batit, but tmuwular, with aw pulle. Miepe |
emi, email heen, bing cyte, rather munk, marcety
apy eyebrows, thin Upw. wnone which to Met asita
bidlet Bad once whipred Whrodyd RM, pevuted ebro. ne
r
ites,
Witebere, Grown timer; uf merit, mol otigat
cou plexien, There wom a tow Lites
On hia ferobewd. The fece, on the w hole,
Wer nel @ tery bad looking one: the lines hel being
ae Cee sy iodebtel mor the f-nekU rep as coarge ag th ng
Of ferrone Kehelaly Tegarde | an bacdeued criminals
Hie vetoes was part'y Lke that of wogtt.'s
Ile wig born ta March, 1sda, at Hboktan, Ky. dhe
teother died when be was eéeven gaye old, sod lies
Inther went to logan Peunty, tn th@ same plate ina
few yeareta or trhevedd toy on vegt eounty — Miessar,
Where te dtecl in tel Tie eon wha eent te i “ty mol
at Bloom Aels, st Qlard COMO whem mbuwt wietl
Years od Ve was under the Mitarcdiangligs of MWe
lien Miliee for m time. []!s Parher Jolt pregperty of
(he vwelu@sf 8) 01m an trust re hiiia, and Nhe teat as
Brholt weiads eremgeoes arose from Ah alate vcrtiismm tel
Ot), thin A man hait beard that par,
Miller bepe this Money wad be titel to make ‘Sai.
ley tavoml whareit waa [lave tn Ordec that be might
Steel it. Melley FrefiaamiZlto tell tian wie) the suaea
hewn anoying Lim «bent tadBAl Alm
aialome musth oy | Pedi
ihe try tthe
T? qa
ee ees a
ates
sete Put, dA. JM hATU
[AU Lranstore Sppoanpy tu cur ida'ly report omta
covenan's of genorsl’' warranty, auloss otherw:
1 1
odted inthe atetract.l) jf
of Jn Vayhe to W, af Vosmmton, lot 43 tn
GTbew as Safi fom; 3 RY fa oe Clark ave-
bbe by ia fio ine... b are es ns
Il. Harrets W. Herndorain, tet In city block
Sl. thon west ue # Peoth ptreet by TEM tye
J. Tkulinday to FL Wy H regpr,
inal Lbak Jo. uf Ea ity, Bevslat
Mvistus of Sik.be eurvey boul qctly
mc ALs Nugol Cass avenue
"Pet: dbe-scae ee eee ees
Mott. Hass, ait invent.
Carondelét comte on, contsibing *§
O42 100 acres, more on fede ~Wthoal warranty or
J. Chartraut to A. Obiboe, bet tne block 6
Hiler’s murvey, Caron ie: 37.6 iu on Seu-
opd nirget by Tu tt dtc tu deal of trust
(3:4, OUR ei. ees epeuk vraet i. tC or ee
FE. Kearna to H, (ise, Jot Tof oncinal block
le Ewing, Beoei-teta Sepubdivieion int nifed
Mtates rurvey « My Dhak Bly. 24 fe tu on
euth Nue of Casa ave Wa by IB fe,
U. W. Ketng to H 'Uaus,; tote 10 and I in
di ig lraal block L, Ewtij » Stem let +4 als aud
divirion; 491% 3 ia on Aouh Ine of Cars are-
Bre bw 150 ft... es er ae saa ou
Gilin, Int Ul in tlock se
Uf town of Lowell, 50'ft on weet line of Iian-
dulph wtreet by 160 8th Without warranty ...
Jal. Locke tod. AL Mocks, lot zt in blow k
2 of Larued's pulais tate; 25.Tt on west Hne of
Somat avenue by ile tq oo.
(6. W. Shebte to HM, ne ph
Is of Gontinuation of, T.a,
Qitton, v5. Ft
|
tee eae
—~&8
Fae a8 % 1x)
Pato oitin Blok
Purphy's 2d ad.”
on south [dnd of Lineotn avenue by
ate 8 a
{ ee
beeeeee 2 BIEOTO
7 ine
BELLVILLE ITEMS,
Total a ee er
- ‘ -*
FStArGING Thrin eee ae fow weeks ag)
Moenre: Wimitoll & Layton, pret ristura of whe Holic.
Ville 4a, Purchare!l the office of thes Journ f
Pewrpajer at Naacvila, Mh The saae tiem bay
Also Within a day or! ‘two birchesed the office of the
lamdcatler, Joes ted In Sparta, Mu.
Fousp Koon -AGihs uaw coal shat hein sunk
ON (he St. Loute & Sduthe in railway, by Massra,
Varog & Emery, ric bas been reacted ula depth
of thirly-vne fect. a] will bow suon bo reachet,
At the pit on the “Chancen” tract, rovk was at
Jergth been reached atm depth of over ons hundred
feet.
PYRAON AL. —Charlos W. Theiors, Key, att rhey
forthe St. Laouin ane Sut hpaetarn Tatlway. left oon
Mobiay evening tori hen Yoruk My un UMetiaen cen.
Meesed WICh (Le Iptedoets of the road. Hu will be ab-
rent for pereral day a, :
GONE V Oe ge om Phe tely whieh ean.
Vebad oon Momlay of lant Work, ta atill
in denefun, The te¢m will bs com inde d throng
ont the entire weew. At thin senalon the usisl qaar-
Verly aecounte will be alowed. and the frome d guper-
Vote for the CUPID pear WH be appolate ft,
Reooy ERED.—Th@ nanefoua friends of Mr. Wun.
Nisudentlurger werq Plose@t yemtentay al ure)?! f
this yeuteman on the Stredtts Tiwi! be recolarte
that peveral weebs ngo Me. Bo met with a ver Bers
Oris becident, in lite goal pct in Weat Belts ie, aul
that for a time bis lige wine Vespaired| of, .
SUCAVERL Favak rie teed that warle: fover tn
PTeVal dog oo mene egtent among the colldran of
Me lesihe, and tls {ua oF two cases have Ploved
tatu) |
More Coa Laspes LRARID.-- Iota dt Aah haa
lard a muh Acite pf he feemtyo cloha anes ot
Mamcoutal, who wif] mh Ode wink wn abitt thereon
The land in riluated on the Bt. Peoule ant Sot te vat
Crh Tellway, wud ts wbout HAilwoy betwen Botleviile
.
anil Mame cule. \,
Werchana's Pretecthre Wreight Usiea.
A general meotln ge caf Mm@yul~ ca will tas
hon the
held this
everoing wt halt PReG oeven as don Yahi!
dimary' of the Southetn hore),
‘The mtlotdamy uf afl wiginvera ty partloularty cde.
Sirwil. ‘ : MoM. Ary,
st 1qin Preetdont.
ogre
Dania, Ths 4
@ ° ¢
[_ Ba\\2 wy |
“ce Py keqiuy Aepe
L; ¢ F143 (Kd CE ‘c Ss | :
(TERPRISE. |
mer,
obec gg Wl a tart lice near be
eailepad Ceatec.
ethos horns 9!
. 2° [ As ee ee ey
rT a cS Oe 2 cr a) Ss re
Oho de be ab ter ap Pe Y
Pievbogmie pa as er ee
Pporougy oP, 8 bt tite
thece to tths ose Char oe }
pe cam mad l of Vee!
1
mighigatediin na) are |
Ce Ses SE |
7 en Se en OY ee
op eb om bee agtte me tea
God laste it ba opera
tog end thie, tf the
Ve tbe rogte by waviof |
Pee ON sHinbeje aden?
theo ate tak and brody.
fe deta prevent (he road
the No@th Plisncupt, ad |
fing Brother beater at |
recotibegupelagtesd.
ITEMS.
os we ww
iNet in Sqting cqunty, a
Nelacd, « @luall Dpy. The
t€eve Lin an epportae d-
the quadgiel, and woaeug In the vee by rood
baa very freely andl tl Rap th ugotl that thro woop ad
ware fatalene poviley aioe meat for ®y tds ee
Sam Bol bo didn ie, mest wag hong tan pPages-
Hi lpeatene d a aiany
tg! witb writ a
fie ta Cheese mtd greece dae yp inten
bp Lee pecene ad fo the band, Mobs pur tte hone Jivlaua te
' tephied than tow pat. had h le To obte ( yevtaad. 1s; 6.4%
weswarking bus bats al ogueeml of fies bowl and
wes the obly perm who ey. ke an remy. the aa
race @neanevertve ete, aod Magitny afrtoe lad nnd
Coda tte peed teeta tat hee pape ae Naolg., Ne toe
Gretelst @ buletlentereal Pro bls bedk, amd as te
futred froured @-other gatered cleo gucabkter, Pao
ew Ua then ebot bia ta toe wl Oda ras
Vl paleo te metoet ured Bro Wt Demin Sid onot
ereue Inetantate@urly, and the wooded mau was
temaoted tO @ lactme ta bere arod Of. bal ey taadiag
that Woylle wag only Righty Bry titidebl, tea@li ged Che
extentef bis rashnerea cod emleargral tu make
reveiw by wating pom ak that nigh:
Ihe Se wele howe vat of nua
wo theme ne ue that no meatatafige Which could be
teoerred waenet any ave, and tho dau died 1a 5)
houre alter be lad te ometio’. ’
AMKI™T OF THR MUEDIFE RD K.
Ih woe no vew (hing fy) antiaty oaraicel in ttiat
pmitol tbe Nim’e, ated Hf dad mot Hye Lael prouacii
ment tees waa ti h cubragen', pico steps werg Linn
prom pily to being the gaily man te Didee. rock,
who was au Atmerioen, about 24 yoarqucl, aml whe
bad tocently come trom Ureen cootty, ArRapee
bad bad no tiomts la the place, ard bo one gen f
to l@ particularly intorgaund in tbe giatter. Dat! y
pursued bis upnal avccation, that oa lab ror, with
out fear of betug arrested. Many atryok fray an
uolrlene)ly contact with bhi fog aliheugh young tn
oer ve b. PV . S
lrehteat that Gen. Ny VG.
bog cn bide tetal. unotet
Wile the eaeeuth
Qlkina, eho da&iniel
fA ln the @cfroce wf Bailey.
tm bavelegon eo fa @ the ouinber
of mothery wht b have! beet commil'ed in tha
eo ha ly tearth yp that! Jury fa enormous That
wee abe the wate bab, ION GROEN vaetly supers emd |
CT en ye min mpd at Ys [rpord tea Ipe c natgel with als the
trtitar ws ho were Coppa kt tint tn i’, A&a the mace {@ara
Sie pe lodipaliy trom fhe pibar alates, and wok per:
PoABLOU Slelceauta of ity
REAL ESTATE TRANSFERS.
Aletract of real a franéfors, Mloflatne ooanty
racer de:'p offoc, Ins Va UeTy
[AU transforms appoanth? tu curida'ly report omtaia
covenants of general Warrenty, duloss otherwise
wytod In the atetract.)!
Hoda Pavior Go Wo of, dottmpton, lot as tn
Cipbmot as dealt fem, Sa ER jmiom Clark ave-
Lhe by lia hi YY oot, a H oo ves €@g as eset yaa @ Ty
1, Warr to W. Mend@orain, tot tn City bel oek
Si thom went le id death street by 75M! tay
J Wfotiaday to FL Wy reg, lot Y of octg-
inal Dbak Fo oof Ka ty, Beiudet ot al.'s eab-
MWsieton of United Space PuIvey Tob qoity
bec 4), 24 Moon euptlia tudol Cases avenus
Lee ea ace. ines Ita
ho. Tripiott et wl elf i, Maar, all tnisc —_ |
cet In dut 2, Caruondelpt comtoon, cont aitedtag
5 4l 1) acres, more of Jode-- wyunoet watranty at
Do Chartreit to AL Dhiber. lot in block ot
Hiller’ ph mrrreey Car eiricba tae Meo ps
(
{
|
7 an Sen e fm mwehie we = Sehy vestigial ote GS bua candy tage 8 Hb algdan Eaeree? a Ba4 eens ae a eg pee rian | oo ee ~ :
BER 16,//1870 |
AN:rBT. LOUIS, DEGEMBER 15,
— egoninyieiel ee * anet “f ne —~ al
| 7 i eof j :
uikolpers; i Wi em k sh gets, gontiomen, thiak
ot rive TH E GALL WS. mor Rete Pi ent he thot hed tmjarod mel | be sab
4Athived: : fer ¢ive:-Moeg vy heat, Pte awl pray that al! Thar
Meaty Bi er ee ; wi fin | beve jure 4 | *upr0 me, asl bog thea fa,
opt : ; ; wedc.fat Ged tol pgireluy, ‘
hae se Hanging of Jeremiah Bailey at) nea |? paey) TH) fareeed to 5
_ ! New Madrid. | yt r des
Arritedd: 14 ©. Wager trom Hat'ar. wht ; : e, | Sepa;
a epill iat water te G°. whl4 Doukiog hit opeetch, was a! Lge Noes - 8
o tr¢se {yor: SSS AS A | : furtd. Me thee knelt wiih Wattor Brody in | clang.
pa] tlyer; eher, Whllethe tery wa e
‘orasi. S@pacetx Mary | , fi he or cert} rowla pease” | look a
idee Tieing ‘Sle poes, A Wild Life and a ‘Short Ona. ey 74. ve the ue ane amet b
ute, | § inck® 14 the oe eke : covered his face we ith hy ’ : vas baened ag ready,
) { rs | io teeg at Rhys el @ gibtese at the ero ed.
e segs : 2 Ro tréare. b | t
A Warning ta Yageag Ppa—Dbanxece pt |. Brody, be said be had i bun oe ‘soln Pier
LT S W Dichey, Vira arate pad Mad Compagy wag teadvy:. tg dig, fp | neme were tigi | acing J
— | ~The Marder of Iqmece Broqh—Speoeh | by thd short pt plage: hyp UNCER | Haran
ol ' . , i ¥ ' a
MWR cheedan, of the Condessacd Mnw—hpacqeodic Bde va, thd rope adtjested, hid Balléy stopped on to the
+ The death of a colored tice, ( (rep dou. Hye stocd ofet!) wth bis armg erossed ta
4 UByS ego under siept- _— i fKont of bie bread it ag Ba aH ope with
corprer’s Jury oa Sptar- i an Uey ate (led idly wit, He bede fare- Cire
et that tt ‘ince Jeremiah Balicy, ome of a clase/leng Soourge {> | well tothe slecif, as all , pray toe hiss, and tables ‘
pel ve drt #7. | svuth capstorn Miempurl, oaifere! tha rayeme penalty | scadn opid he was reaty.) The slot lil pulled the lever, | ¢ B
wm that thd cod, thtle ale : Pi had va amas the'trap door tumbled, /f}s We he a plese rai Song
Nngules te ditlut Uriah lng oft law et the handa of the gman, y 1 ot Ikea}, and no Bones pet the rope ttraigh Lemexd be maty*
! atthe ok! towa «ef New Madrid, Tige crime for | thom bia limbp mada 4 upwarl motlon, the hants gu
tart aoe 7 ' , which be waserecuted was the murddr of Jnstes ae i — : Pit en aad Bou
+A Brea eHtland, (nt. ‘ ' einky | /& i)
olf of the Daalhipeas p Ho ot Poerocy, tn New Madrid canmy, og the 2th of Marth, fin eappliration to ¢ Abra ighty for the merry ‘>
patel at $250,000, Kent's ION 8 Netther the execatim of the murder were oil Se he bing ad nop Esty It was ouly >i
minount pf merohsglie, J uarked by anything caluuleted ‘to emite unnkusl Tan instant, the man!s d been Jorked ou! of
ovore. Mobid & Cintly's Kinterest lr thes and they will gus pass inte the | !'@ bdrtial peoiuion. and life wag gbdlagqaickty. His gane ip
pery, Ry@a's grocery and , , | hadda fll from ore: him, and dts si anil
lap a’ drg ex anand tnar- cElasina | ankals unr¢metubered by Al. lowes He afteg a w ep aecapdle ye fg, “bina cara
Po eet rind rite AI WUe | save the reekdents jn the localities im! the ip igh sorrt php te! Iopq. Hereell rar Adley UB
1 ofBoe uf | \Gacetty amd : . _ | tha pe * at the wriedt | lo cdare tn threes misutes, D
‘ | ¢ iinmmecdbate selydbuorbood uf whish they a apd pulsation atthe ftits ive minutes, when life
aA KD. , SUL the case had gume d&tincti*¢ featuros worthy o wap prbmoosced extinet| | a ae
rew of tha brig Heante, loot | pete, amd we give tbo Kllowiug jlartloujars concero- @ bly remalp raperes thirty minutes prea
wore t>!/Falsmouth, were ing kt. afer thin and was jt ,Gmt down, There ast eftec
ie | THe MUKDONM, , Bab om the = fecm | when the body was, spineree
aged, Se The tarter of Brock t¢direo.if mttifutable td a | Placed ta the oumtin a sili of trtumph pet defiance. | tndul
ee workgnen etuployet in drumhen quarrel. A trading Bil au which dry gots It wae roen by but fow| Por thé! Nd was nallel on the | 68)
cot aud Nerqnth avonue | ead value Jioin of Marcuaudlse wers | oO Mn olthou delay aol Kerantah Balley, “unwept pe ty be
‘ bedly Gijared by duea- | gciy at Uifferent placed aby jhe = Miape and uubonded, wae cartel fwey ta bie grave al i's
opt, wes invored pt Kuyhties’ Putnt, ate | eddies Point, at the Phily aug of 22, rary, |
". miles below Point Plessant and fiNeeh beluw Now There wep no altew + bt topagecttation; altheug ein dr
14 — Te bigot of batht- Maurid, and a punmber of lahorerp wate cardustag | Batley had ptated that mou! beve po ubjecuon wa,
tie aidere, exe the open it. Breek atd a man pagel Hpadermoa Wy | fo). om pHv>
Ifo, Wantdertroyl by | te ore of Balley's friends, Werd guste thon prea thie was (he second lqvelexécution which bas ov. | eet neal
Ireuceatte SIR, ctl, atad Waeh, whe wad Lptoali od, gut dito a die he ni tn the ine Ih Rite beat balfcentary, gage f
eo wilth anetk Pi Nytlotecmre a poscty in | Tbe fret oe wae My y pare when a iusn nagint he 9
— Le eke Eee. Wile boca «| ern Cee pcoG was barged td mie be and it lea slogular pamoe.b
|} av ‘
Ofiiee 1,
(Yrnmi.
’
A
ft)
Maiveg] ta
‘ptayes |
thertug!
TION als
Mk Ot.)
Ivonuie
Itcaits
lewa ale
the fous
Price
Bold ty
Ba. Panute
Mé-
cm f
THE OZARKER, No. 66. Page 20.
757) ECHOES FROM THE PAST
S ~
ee
RABBITS, SNAKES AND WOLVES
Wm. Elmer in ‘‘The Salem News’’
They did not come here for timber. Walnut trees were
made into rails because easily split and ‘‘lasty.’’ I have
seen wagon loads of deer hauled through Salem to North
Missouri by hunters who used to camp for a month down
in Shannon and the Irish Wilderness to shoot deer and
turkey.
In Salem, game was bought at regular stations in the
fall and winter. Deer $3, turkeys 50 cents, rabbits, quail,
squirrel, S cents each. I have sold rabbits and quail at that
price. Pet deers were common and so dangerous the town
council had to pass an ordinance against letting them at
large.
Ed Stagner, commonly called ‘‘Rabbit Ed,’ claims he
had bought thousands upon thousands of rabbits, so
many he could not really estimate it and we who know him
believe the same. For years he was in the game business
when it was legal to buy and ship them. Buying and
shipping deer, turkey, quail, squirrel and grouse was
illegal. He paid from 3 cents to 10 cents per rabbit. He
bought for Cass Williams too. I have sold quail | trapped
when a boy for 5 cents each. One time I caught a trap full
of them and was getting them out and handing them to
my brother, Cooper, and he was turning them loose
before I noticed it. Indignantly I said to him, ‘‘Don’t you
know them birds are worth a nickel apiece?’ Deer got so
scarce it was made a penitentiary offense to kill one.
Ed thinks those were ihe best days but they played
havoc with the game. There are few turkey and rabbits
now, and migration brings us most of our squirrel. Quail
are plentiful and the deer population has increased.
The upper waters of all the streams are filling with
gravel and sand so the fishing is poor. The Indians would
not want to stay here now. I have caught wonderful fish
from the Raymond Walker’s farm up the Meramec to
State Highway 32, but most of that area is just riffles. The
Conservation Commission has not yet hit upon any plan to
save the rivers, creeks and fish. There never will be any
fish until the taking of them is limited to a pole, line, one
hook with natural or artificial bait and hold the pole in
your hand. There would be, then, fish for all, with no
closed season but a limit of 6 on the catch. The wooden
minnow with 15 hooks is a criminal machine in its own
right and the Commission stultified itself by legalizing the
bait.
The wolves and foxes have done a lot to clean out the
rabbits, destroy quail and turkey nests, and the wolves
get many deer. Rattle and copperhead snakes, while
plentiful for that kind of a serpent, have never been a
menace. People have been bitten by them in early days
and occasionally today. They destroy quail nests by
swallowing the eggs and catching the birds, but other
snakes do the same thing.
I never heard of any grown person dying from a snake
bite. The early remedies were many and unique. Drinking
lots of whiskey was the first one and most used. It is
supposed to kill the poison and cure. Besides it was
pleasing to take.
A copperhead bit Tribe Lewis at Sligo and I saw George
Gray and Buck Mounce administrate enough liquor to kill
a man. Tribe got well, only to be bitten about 20 years
later, and had to go through the ordeal again.
The worst case of snake bit was to William Schafer, our
ex-sheriff. He was bitten twice in quick succession. It was
on the hand and it soon spread over the body, causing
intense pain and rendering useless the hand and
rendering him ill-health for five years. It still affected him
later and he lost some 100 pounds in weight. He had good
medical attention. He died in 1951, no doubt partly from
the effects of snake poison and antidotes. He was a fine
citizen.
The most common remedy among women and one
which my grandmother employed was to split a chicken
with an ax and apply it over the bite. The hot blood drew
the poison out of the wound. She first cut the bite
crosswise with a sharp knife. Others sucked the wound or
applied hot irons if it was an animal. Grandmother could
do such surgery, but I wonder how some women would
catch the chicken, use an ax and not faint when she saw
the blood. Others applied tight bandages above the bite
and squeezed the wound.
I have roamed the woods all my life and have never
seen a live rattler. I have killed many copperheads. My
friend, Charley Wallof, was deadly afraid of snakes. Early
one morning on a camping trip, I slipped a bull-dog pistol
in his bed. He soon laid his leg on the cold gun and he was
out of the bed like a bullet. He got a big stick and began to
beat the bed until I was afraid he might discharge the
pistol. I threw the cover back and he said, ‘‘I knew it was
that old gun all the time. You thought you would fool
me.’’ I had no such evil thoughts.
The wolves were plentiful like they are now but I have
never seen a live wolf in the woods. A small fire used to
scare them as they are afraind of any kind of blaze. Wolf
hunting in caves with a pine torch was an old pastime. Bill
Krewson used to regale me with tales of crawling into
caves holding pine torches and putting baby wolves into a
towsack while the cringing mother was against the wall
scared of the fire. If the torch had gone out, he would have
had his head snapped off. He lived in Current Township.
The pastime now is to chase them with wolf hounds. No
other dogs will try it. Wolves and dogs are the worst curse
of sheep raising today as of old. There would be a half
million sheep in this country were it not for these two
menaces.
No wonder that in 1920 there was not a deer in Dent
County and only a few turkesy. The Game and Fish
Commission uder Frank Weilandy began the restocking of
deer and put three in a five-acre pen in the Indian Trail
Park. I am still out $65 express charges due to a squabble
between the Commission and Weilandy. Neither would
repay me. From these deer there is an estimated 1,000
increase. Turkeys were tried out but failed. There are only
a few here today.
While detained by this circumstance, we were passed by a
boat of similar construction to our own, laden with planks
from Olean, on the sources of the Alleghany River in New
York. This article had been transported already more than
1300 miles, on its way to a market at St. Louis, where it
was estimated to be worth sixty dollars per thousand
feet." :
They had a ‘‘grizzly bear’’ scare that night but the
monster turned out to be a large white hog which had
been injured with birdshot ‘‘by some cruel fellows the
preceding day’’ and had sought the river at night to sooth
its burning wounds.
The captain secured additional hands and they pushed
on, making better time. The log reported ten miles on
July 7. Henry took notes of the geological drift that
covered the rocks on the Missouri shore. They reached
Cape Girardeau on July 8, a settlement with about fifty
houses of all sorts, a post office and two stores. They had
spent a week in traveling fifty miles.
They remained overnight at the Cape and “‘took in’’ the
town, but resumed their journey on July 9, making seven
miles that day. Henry didn’t mind the slow crawl up
stream for it gave him more time to observe the rock
formations on the shore. ‘‘Every day the mineralogy of
the western banks became more interesting,’’ he said,
‘tand I was enabled to add something to my collection.”’
On July 10 he picked up a large fragment of the pseudo
pumice which ‘‘is carried down the Missouri by its
summer freshets.”’
On July 12 they reached one of the geological wonders
of the Mississippi, called the Grand Tower. “‘It is a pile of
limestone rock, rising precipitously from the bed of the
river in circular form, resembling a massive castle. The
height of this geological monument may be about one
hundred feet. It is capped by some straggling cedars,
which have caught a footing in the crevices. It might, with
as much propriety as one of the Alps, be called the
Jungfrau (Virgin); for it seems impossible that any human
being should ever have ascended it. The main channel of
the river passes east of it.”’
After the Grand Tower they pushed on to Garlic Point
and there they ran into real trouble. The men were unable
to move the barge against the swift current. The cordelle
or towline was put into use, but they failed in three
successive attempts to stem the swift water. Night was
approaching so they ‘‘came-to’’ in an eddy below the
point. ‘‘I pleased myself by fancyin,’’ said Henry, ‘‘as I
gazed upon the majestic river’s rushing eddies of mud
and turbid water, that I at least had beheld a part of the
Rocky Mountains passing along in its liquid state.”’
He closes chapter one of his ‘‘Scenes and Adventures”’
with this quotation:
Mountains to chaos are by waters hurled,
And re-create the geologic world.”’
ON TO ST. LOUIS
Having passed the treacherous rapids at Garlic Point,
Schoolcraft’s enthusiasm for the Mississippi mounted as
they proceeded up the river. Each day, from July 13 to 27,
brought new adventure. He noted the limestone cliffs of
horizontal strata, resting on granular crystaline
sandstone, and expressed the opinion that nothing could
equal the beauty of this varying landscape. ‘‘Art,’’ he
said, ‘‘may be challenged to contrast, with mor effect, the
bleak and rugged cliff with the verdant forest, the
cultivated field, or the wide-extended Mississippi,
interspersed with beautiful islands, and winding
majestically through the country which only requires the
improvements of civilized and refined society to render it
one of the most delightful residences of man.’’ His
emotions were pitched with a desire to survey, one
hundred years heance, ‘‘the improved social and political
condition of the country, and to live to participate in its
advantages, improvements and power.”’
_ Boats loaded with emigrants passed them from time to
time and all were enthusiastic for the new country and the
opportunities it afforded.
THE OZARKER, No. 66. Page 17.
Noisy parakeets were frequently seen winging their
way across the river and at one point a large flock of
pelicans appeared standing on the sandy shore. No fish
were observed, due, perhaps. to the murky condition of
“the water.
On July 18 the barge arrived at the site of old Fort
Chartres at the confluence of the Kaskaskia with the
Mississippi. The fort had been built by the Frnech half a
century before but was now in ruins. Henry, always
interested in Indian lore, recalled a custom of the Osage
Indians, recorded in a manuscript journal of that fort by
one Mons. Jeredot. It says:
‘‘They have a feast about the month of March when
they bake a large (corn) cake of about three or four feet
diameter, and of two or three inch thickness. This is cut
into pieces, from the center to the circumference; and the
principal chief or warrior arises and advances to the cake,
where he declares his valor, and recounts his noble
actions. If he is not contradicted, or none has aught to
allege against him, he takes a piece of the cake and
distributes it among the boys of the nation, repeating to
them his noble exploits, and exhorting them to imitate
them. Another then approaches, and in the same manner
recounts his achievements, and proceeds as before.
Should any one attempt to take the cake, to whose
character there is the slightest exception, he is
stigmatized and set aside as a poltroon.”’
Schoolcraft also recalled the assassination of the
famous Indian chief, Pontiac, at Kaskaskia in 1768. The
noted Indian leader opposed the transfer of the region
from France to England at the end of the French and
Indian wars and this opposition led to his tragic death. He
was murdered one night as he lay on his pallet in a hut
near the old river town.
The settlement at St. Genevieve made a deep
impression on the mind of young Schoolcraft. The town at
that time had about 300 wooden houses that included
several stores, a post office, courthouse, Roman Catholic
Church and a branch of the Missouri Bank with a capital
of $50,000. It was the principal shipping point for the
Missouri lead district and Henry saw stacks of lead in pigs
awaiting shipment. The style of the buildings at St.
Genevieve reminded him of the ancient Belgie and Dutch
settlements on the banks of the Hudson “‘high pointed
roofs to low one-story buildings, and large stone chimneys
out-doors. The streets were narrow and the whole village
as compact as if built to sustain a siege.’’ :
At Herculaneum, Henry was introduced to Moses
Austin, who a few years later became a leader in the
colonization of Texas. Austin suggested that Herculan-
eum would be a good starting point for a trek into the
Ozark wilderness. The young explorer accepted his
suggestion, stored his baggage, and traveled overland on
foot to St. Louis, thirty miles away. He was joined by two
companions and they spent two days on the journey,
getting lost in the Maremac bottoms and hiking fifteen
miles out of their way. They finally reached St. Louis
about four o’clock on the afternoon of July 27th.
St. Louis impressed Henry with its geographical
position. It was the largest settlement on the frontier with
five hundred and fifty houses and about five thousand
inhabitants. In addition to the post office and two banks, it
had forty stores, a real estate office, a courthouse, jail,
three churches, a brewery, two distilleries, two water
mills and one flouring mill. In ‘‘Scenes and Adventures’’
we find this comment:
‘‘The site is unsurpassed for its beauty and
permanency ... It is 1200 miles above New Orleans and
about one thousand miles below St. Anthony’s Falls. No
place in the world, situated so far from the ocean, can
compare with St. Louis for its commercial advantages. It
is so situated with regard to the surrounding country, as
to become the key to its commerce, and the storehouse of
its wealth; and if the whole western region is surveyed
with a geographical eye, it must rest with unequalled
interest on that peninsula of land formed by the junction
of the Missouri with the Mississippi -
>
10 YEARS ey. 2
AGO IN , <a
SHANON COUNTY
TEN YEARS AGO IN SHANNON COUNTY: Some
Shannon County ladies almost caused a cattle stampede as
an unforeseen result of a hog-calling contest. Individual
members of the Shannon County Extension Club were
calling non-existent hogs in their most dulcet tones when
they were alarmed by the sight of a herd of cattle
descending upon them. When they stopped their
hog-calling, the cattle stopped coming. One spectator
suggested that the ladies’ pig latin was actually cow talk.
Winner of the contest was Mrs. John Sloan of Eminence.
She said she was out of practice but declared that she had
not forgotten her early hog-calling days on a Reynolds
County farm _..._ Two veterans of outer space, Buck
Nelson of Mtn. View, and James L. Hill of Cedar Gap, said
they have plans for making the ‘‘deserts bloom’’ if they
could be provided with $150 million. They said they would
ask a Congressman to introduce a bill designed to make it
possible to supply the country with water. The methods
they’d use are secret, they said ... A St. Louis diver was
pulled out of Blue Spring after becoming unconscious. He
was restored to consciousness by artificial respiration
Flash floods hit various areas in September. A young St.
Louis girl lost her life in a flash flood that hit Gladden
Valley.
TEN YEARS AGO movement of an earth fault near
Centerville caused an earthquake that jarred Shannon
County and eight midwest states. Little damage was
reported in Shannon County or in any of the area hit by the
earthquake. The earthquake registered about 5 on the
Richter Scale. That’s the measurement for energy
produced by earthquakes. A rating of 5 is considered a
shock of moderate intensity and is generally felt by
everyone in the area.
The earth fracture that caused the disturbance October
28, 1965S, is known as the Hogan Fault and is 30 miles long.
Geophysicists said that it was the movement of rock along
the Hogan Fault that brought that 1965 earthquake.
Robert Barnes of West Fork, who was then a geologist
with American Smelting and Refining, said that the
earthquake was unique in two respects. First, he said, it is
unusual that no greater shock was felt at the epicenter --
that is, in and around Centerville - than throughout most of
the area where the quake was reported. Second, he said,
the sound resulting from the shock was unusual in its
quality and in its loudness.
Most earthquake specialists doubt that any future area
earthquake would be more severe than that tremor of ten
years ago.
‘This is as big an earthquake as we can expect in this
area,’’ said Carl Kisslinger, chairman of the St. Louis
University geophysics department.
Surface rock in the area of the earthquake is granite, and
most of the buildings are on solid rock. Also, the area
where the earthquake centered did not have large centers
of population. These are probably the main reasons why so
little damage was caused by the earthquake of ten years
ago.
Missouri is not considered to be an earthquake center,
but one of the great earthquakes of all time occurred in
New Madrid, Mo. in 1811-1812.
The first great shock in the New Madrid area came
during the night of Dec. 16, 1811. The New Madrid
earthquake consisted of a series of nearly 2,000 shocks,
and in that time the earth was in almost continuous
motion.
THE OZARKER, No. 66. Page 18.
THE
COUNTRY
CHURCH
die old country church was a vital part of our Ozark
past. Country churches still exist in our area, of course.
but many of the ‘‘Old Churches of the Dale’’ have closed
their doors forever.
But many of us owe a great deal to some country church
in the Ozarks.
Often the entire community social life centered around
that church. Many of our values were formed in the
country church.
But now some of the functions peculiar to the country
church have been taken over by other agencies.
With the coming of the auto to the Ozarks came a
decline in the number of church buildings in the country
and an increase in the number of church buildings in
some urban areas.
Many persons would agree with Mrs. Cecil Joliff, who
some time ago wrote of her sadness at the decline of the
country church.
‘I’ve gone to the town churches for services many
times,’’ Mrs. Joliff once recalled, ‘‘and I’ve enjoyed the
choir, the big organs, the nice, easy home comfort chairs,
the deep carpet on the floors, the lovely flowers,
classrooms and every convenience.
“But let me tell you, if God had to choose between
these massive built churches and cathedrals where more
money is spent in one year than our treasurer will ever
hold. and where worldly comfort is complete, I’d bet my
life that His Spirit would be in our humble midst, and we
would have that blessing such as we know in our hearts.”’
One of the most touching tributes to the country church
was penned some years ago by William A. French of
Eminence who called his poem ‘‘Dear Old Church
House.”’
‘‘Dear Old Church House on the hill
By the grove so cool and still,
Where I sang the songs of praise
In the happy bygone days
Dear Old Church, more dear to me
When I’m far away from thee.
‘Dear Old Church House of my youth
Where I learned the way of truth
Whence my footsteps found their way
On the summer Sabbath day.
Dear Old Church, my thoughts return
To thy peace, for which I yearn.
‘Dear Old Church, I long for you,
For your precepts sound and true,
When my days on earth are past
And I reach the end at last,
May thy peace fold over me,
And at rest my spirit be.’’
%,~
THE OZARKER, No. 66. Page 19.
302 . SUPREME COURT OF MISSOURI, ~
The State v_ Barton.
The recent New York decisions, which apparent
conflict with the cases above cited, were rendered underg
statute passed in 1872. See Thomas v. The People, bi
N.Y. $81. ne J
There .is no force in the argument, if ‘it can be called!
an argument, that it is difficult to procure jurors who ba
not formed opinions when telegraphs and railroads furnisly
information of events to thousands in a day or an he ut
after they transpire, which, before their introduction, *
obtained by but few, and a long time after their occurrenes
I do not believe it true, in fact, that there are greater diffi
culties now, than before those agencies were introduced, .
procuring men who, although they have formed hypothels
ical opinions upon rumored facts, are qualified to sit on:
jury and impartially render a verdict according to the law
and the evidence. 8 i
cause will not, upon mere rumor, form an opinion of ga
which it will require evidence to change. But, if the diffi
culties were as great as supposed, I am not prepared to say
that section 22, article 2 of the constitution of this State ig
practically incompatible with the existence of telegrap
and railroads, and therefore of no force or validity, nord
I believe that electricity and steam engines have elimina od
from our criminal jurisprudence the legal presumption th
persons accused of crime are innocent until proven guil
The frequency of crime may sometimes incline one to th
belief that the humane principles of our law, so often invoked
by accused persons, are obstructions to the punishment @
the guilty which might be removed; but, when we refled
dispassionately on the subject, we are forced to the conclw
sion that there is wisdom, as well as humanity, in
maxim that it is better that “ninety and nine guilty meq
ffer.”
escape than that one innocent man should suffe
The doctrine contended for by the State would nulli y
the constitutional provisions securing to the accused “s
speedy public trial by an impartial jury,” and virtually
strike from the criminal law those humane princif
Men who are fit for jurors in a criminal
a
eo
y
OCTOBER TERM, 1879.
Speed v. The Atlantic & Pacific Railroad Company.
4 hich, although they may often screen the guilty, have as
en saved the innocent from punishment and infamy.
@No other method could be devised which would so soon
“bring the trial by jury into utter contempt as that of com-
sing juries of men who have such decided opinions of
ithe guilt or innocence of the accused that it will require
idence to remove tke impression from their minds. I
think that the judgment should be reversed and the cause
remanded, and for the same reasons favored a rehearing in
the State v. Core. Hoven, J., concurs.
Srrep v. Tue Attantic & Pactric Rartroap Company, Ap-
? '
pellant.
Master and Servant: 1npEPeNDENT CONTRACTOR. The defendant,
a railroad company, made a contract with one M., by which he was
to take entire charge and control of defendant’s freight business at
= the St. Louis station, loading and unloading cars, switching them
© back and forth in the yard, making up freight trains, and doing all
© other yard service necessary in the transaction of defendant’s freight
business. He was also, when requested, to haul freight from the
levee for defendant ; to prepare, execute and receive all necessary
a : freight bills; to keep all necessary books of account, collect freight
money and generally act as, and discharge all the duties of a station
“4 agent. To enable him properly to discharge his duties he was to
©, have control over the grounds, yards and buildings,
engines and
cars of defendant at the station. Defendant was to furnish the nec-
essary engines, and keep them in repair, and supplied with fuel,
&c., and to employ the engineers and firemen, who were to be under
* M.’s control, and were to be paid by him. For his services M. was
® to be paid monthly at the rate of fifteen cents for each ton of freight
received or delivered, and fifty cents for each car hauled from the
levee. The contract was to continue for five years. The business
was to be done under the control of defendant’s superintendent and
to his satisfaction, and if not so done, defendant could revoke the
— contract on twenty-four hours notice. M. performed no service for
any other person than defendant. In an action to recover damages
for injuries alleged to have been occasioned through the negligence
a of train-men in the employ of M.; Held, that M. was not an inde-
5 ¢ 2 ee , yi t sinah's Re eae : apt em
: r 6 : an a eM LE ; " oa hatw aye ete
c " ae nest niiiinitinin « PS eR ae nna ate tannic nt sa Sere bee ey NN hee aed vata .
Lh: Tae Nal e L « cetey pr A AMR ne, jai ay st ” ae sia: . me ey pny SE Si Sein eee =~ winds ot
+ " a a = ~~ ae 3 . & ¥ - bs oy
get
ye
298 -, SUPREME COURT OF MISSOURI, OCTOBER TERM, 1879. 299
* The State v. Barton. The State v. Barton.
dence, held sacred by American citizens, and over and over
Pagain declared by the courts, that the law presumes him
innocent. It is a cruel mockery to announce such a prin-
‘ciple and then call a jury to try him composed of men in
“such a state of mind toward him as requires that he should
establish his innocence. “The prisoner must not have the
"burden of changing the juror’s mind.” Grier, J., U. 8. v.
) Hanway, 2 Wall. Jr.-148. cae
- . Ifa juror, upon mere rumor, without believing any
facts, -has formed an opinion which will remain until
‘changed by evidence, he is less fit for a juror than one
who has an opinion based upon facts which he has learned
‘and believes from rumor, although it would require evi-
Pdence to remove the impression from his mind. The for-
emer is prejudiced, while the latter is biased; the latter
» biased by an opinion based upon facts believed; the former
‘80 prejudiced that he has formed an opinion without know-
ing or believing any facts. Infinitely safer would an inno-
scent man be in the hands of the juror thus biased than of
sthe juror so prejudiced. The prejudice which leads to the
‘adoption of an opinion of guilt without evidence, would
‘prompt to a verdict of guilty against evidence.
© In Burr’s trial, Marshall, ©. J., remarked: « Why do
“personal prejudices constitute a just cause of challenge?
Solely because the individual who is under their influence
‘is presumed to have a bias on his mind which will prevent
an impartial decision of the case according to the testi-
‘mony. He may declare that not: withetanding these preju-
Fdices he is determined to listen to the evidence and be
‘governed by it; but the law will not trust him. Is there
less reason to suspect him who has prejudged the case, and
has deliberately formed and delivered an opinion upon it?
Such a person may believe that he will be regulated by
-testimony, but the law suspects him, and certainly not
without reason. He will listen with more favor to that
testimony which confirms than to that which would change
his opinion ; it is not to be expected that he will weigh
dence without being influenced by this impression, is an.
indifferent juror.”
On the trial of Aaron Burr for treason, Marshall, C. i
observed: “Can it be said, however, that any man is an
impartial juryman who has declared the prisoner to be |
guilty and to have deserved punishment? If it be said
that he has made up his opinion, but has not heard the tee ™
timony, such an excuse only makes the case worse, for, if.
the man has decided upon insufficient testimony, it mani- .
fests a bias that completely disqualifies him from the fune-«,
tions of a juryman.” In the People v. Mather, 4 Wend. 7
_ 241, Marcy, J., delivering the opinion of the court, said: /
' “ We are asked in this case to distinguish between an®
opinion formed by being an eye witness of a transaction=
or by hearing the testimony of those who were such wit-7
nesses, and an opinion founded on rumors, reports andi
newspaper publications, and to say the former shall be evi-™
dence of partiality and the latter not. If any distinction is}
to be recognized, I should be inclined to adopt the reverse #
of that contended for at bar. * * Of those who”
entertain an opinion of the guilt of the accused before his
trial, they that believe on the slightest evidence, or no evi-. ©
dence at all, manifest, in my judgment, a state of mind less 4
prepared to receive and allow a fair defense, than those who ~
believe on proof which furnishes prima facie evidence of 4
guilt.” 3
A positive opinion of guilt or innocence, until 1836, in.
this State by statute, and in many of the States in the
absence of any statute, rendered a juror incompetent who 4
had formed or expressed an opinion, whether that opinion™
was based on rumor or not, and so it does now in Missouri, |
as we have seen, unless it appear to the court that the™
opinion based upon rumor is not such as to bias or preju-.;
dice the juror’s mind. With a jury of twelve men, who ™
have formed an opinion that the accused is guilty, which”
it will require evidence to change, of what availis it to himg
that it is a principle of law as old as our criminal jurispru-;,
ant .
PA aidan es
Pit
:
1
Pas |
: OCTOBER TERM, 1879. 301
800- SUPREME COURT OF MISSOURI, ae _ _
The State v. Barton.
The State v. Barton. spt
hk man life. In our opinion the latter interpretation above
fated should prevail, and upon that construction the juror
wa clearly disqualified. His mind was preoccupied with
sa opinion upon the issues to be tried, which it would re-
quire evidence to remove ; and that, upon principle and by
ail the cases, incapacitated him for a juror.” See also Peo-
v. Mallon, 3 Lansing 232; O’Brien ». People, 48 Barb.
318; Gray v. People, 26 Ill. 846; State v. Brown, 15 Kas.
#0; Alfred, a slave, v. The State, 37 Miss. 315. The con-
Hitutional provision in Mississippi was, as in this State,
*that the accused in all prosecutions by indictment or in-
mation has a right toa speedy and public trial by an
mpartial jury.” In the above case, (Alfred v. State,) the
Piror said on his voir dire that he had heard rumors which
bad made such an impression or fixed opinion that it would
Require testimony of a character different from the rumors
hehad heard to remove such impression. The court of
appeals, (Harris, J.,) observed: “It is well settled that an
pinion formed from rumor so fixed as to require testimony
remove it, constitutes such bias as to render the juror
fot impartial, and consequently, under our constitution, to
disqualify him for service,” citing 98S.& M.118; 108.&M.
513 8S. & M. 189; 13 S.& M. 500; 31 Miss. 509; 32
diss. 898; 33 Miss. 383.
~ Inthe People v. Gehr, 8 Cal. 359, the juror admitted
that at the time of his examination he believed the pris-
mer guilty, and that it would require proof to change his
pinion. Terry, J., delivering the opinion of the court,
id: “The principle of law, founded on humanity and
jstice, presumes the accused to be innocent, and he is not
put upon his defense until his guilt is prima facie estab-
Behed by the evidence; in the mind of the juror this prin-
tiple was reversed, and the accused was already held to be
evidence or argument as fairly as a man whose judgmes
is not made up in the case. Itis for this reason that@
juror who has once rendered a verdict in a case, or who he
been sworn on a jury which has been divided, cannot ag i
be sworn in the same case. He is not suspected of pets
sonal prejudices, but he has formed and delivered an opinio
and is, therefore, deemed unfit to be a juror in the cau .
The case of Rice v. The State, 7 Ind. 336, relied upos
by the State, is not an authority for the doctriue contended
for by the attorney general, but is similar to the caseq
the State v. Baldwin, supra. The opinion of the juror wae
a hypothetical opinion, and such as is nowhere held to dig
qualify. The People v. Stout, 4 Parker Crim. Rep. 110,
far from sustaining the doctrine for which it is cited, is
direct authority to the contrary. It cites Cancemi v.|
People, approves the ruling in that case, and distinguishe
it from the People v. Stout.
In Cancemi v. The People, 16 N. Y. 501, a juror sta |
that he had formed an opinion and expressed it, but om
cross-examination, that he had no fixed opinion, none
which could not be removed by evidence. Of his state
ment on cross-examination, Strong, J., observed: “ff
may, on the other hand, be interpreted to import merely
that the opinion which he had formed and expressed wag}
not so fixed that it might not be controlled by evidences
regarding the latter branch of the expression as explaining
and defining what the juror intended by saying he had ng
fixed opinion. In this view the ordinary force of hist
timony that he had formed and expressed an Opinion ig
the case would not be impaired. his testimony should
be construed with liberality to the defendant, in the he
mane spirit which prevails over criminal laws and the ruleg
of their administration. ane nght pecered. Oy low 7 guilty, even before a single witness had testified against
fair and impartial jury with minds open to receive and tim. The fact that the juror further said that h gs
. : : 4. e could
weigh the evidence and balanced in regard to the matte Silty the cause impartially was entitled to no consideration.”
to be tried, is of the higest importance, and should be ca “Curry v. The State, 4 Neb. 545.
fully guarded by the courts, especially in cases involvinga@er eae ; :
- 4 aN
Fp 3 s
a i
P
KANSAS CITY
SCHOOL OF
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erate
Se ea
SEE Ee DRE
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Peete ney: iinet
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COR OP CR gga ty
aaa Se eS tees
—
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PR ARE ee PRA He fot seem
aetas ris
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Ssedapehistroon, » aitblihatica Sienna
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¢ Prana ze "oy
to Be Arrested,
if to the Powt Dispateh.
ATTYVILILE, Ky, July %.—fn the
of Judge James Hargis and others
red with the murder of James B.
um, Judge Dorsey, who is presiding
e teal, refused a
continuance toe
for a
vee tnoorder that missing witnesses
t be brought im The defense op.
the continuanee. dndge Dorsey
nted special deputies to go to Mor-
| Breathitt, Leslie and Magoftin;
| tes and serve warrants of arrest on
yitnesses, Peading the report. of
Officers efforts will be made to get
Commonwealth asked econ-
and should it be found tmpossible
the case after this has been done,
wearing tao oof the Jury will be set
pnd the case continued until!
‘ charged that the anxtety of Judge
Sto have the trial at onee is based
mity to Attorney AL Byrd,
isting in the prosecutton, syrd is}
didate for the nominatlon to Con-
In his home distriet, Ee dis anxfous
uVaNs the distriet thoroughly be-
he eonvention meets, Judge Par-
Is charged, is cager to have the
PrORTeSS now tao order that Byrd
ve Kept tn attendance mt Reatty-
nd be unable to make speeches in
striet. The convention will be held
(ter part of this month. ‘The trial
ected to last three weeks or al-
to the date of the convention,
Whrej
KWARD WRECK
BLOCKS TUNK
———~e
ilmont Makes It Necessary
for All Trains to Us
Merchants’ Bridge.
derailment of a Terminal switch-
! Monday
by Joe
operator, who was taking his
ing walk jn the park. The
point in
told of
another
they were
body they
brushes and
home.
moved to
park, but when
finding of the
packed up thelr
and easels
had
and went
Aravers was confidential cleric to his
half-brother, N. Lee Travers, a de-
partment manger for the Holbrook-
Blackwelder teal Mstate Trust Co,,
with whose family he Hved at. the
Mcherson avenue address.
lie left there at 8 p.m. Monday, say-
ing he was going out to spend the
evento. When he did not) return
Tuesday morning the poltce were notl-
ted. When found be had apparently
been dead many hours and it th beHeved
that he took the fatal draught of actd
night, his twenty-second
birthday.
his mouth. Tying near him oon the
yrass Was an empty two-ounce bottle
Labeled “earbolle aeld"
Letters Found in Pockets.
In his pockets Were Jetters addres-ed
to him, but no note written by him was
found, ‘The body was taken Ja charge
by his half-brother and was) renioyv
to an undertaking establishment.
The point where tt was found ts one of
the most beautiful spots in the park. It
iq near Lindell Drive and about od yards
northeast of Murphy's Lake
a quarter Of a mie west ¢
Lindell boulevard entrance
A foree of
of the
Hem Was at
NOene safelde ce
wil ft ts
Travers imust
thre
Delleverdd bey
have
hight, as they
heoentered atiter Go aom
No Cuuse for Sufeto
N. Lee Travers, half-brother of J
ain and engine at the Cupples! Olin Travers sald: “LP know of no rea-
n siding blocked the two tracks | gon why my brother should commit: sul-
weet mouth of the tunnel at Wha] cia. die was not engaged to any girl
Tuesday, Tratns arriving from / : , os
ast Were compelled to use the) Pie was not sufferiay from melaneholta
ants bridge and its terminals ty | Iiix mind was netoatfected by overs
Union Station, jo wr liextad jim voip afi o?
aceident happened while engine | Milly. Tonever heard: ditra cowpea
he Terminal was pushing a train | threaten sateide Tle scemied Dappy ated
arr hel onto the Cupples Stathon | had money esough for ios wants Ile
we lone train was we ,
innel, sume ei ire Meine | lived a quiet hfe and had ne bad hiatats
y on the curve of the siding, but late was my stenographer and clerk and
ike Was s'il in the tunnel and! yandled no money, There ty no chance
tineer could not see the cars at win ©
irther end of the train. At one! for a shortage.
it {tC Was necessary for him to | Young Travers had been employed by
the train back eastward, In order the — Holbrouk-Blackwelder company
leeway to push the cirs onte rye! sin, e last October, Prior to that tle
» opening on the Cupples Stathon | ise had been assochited owith M y
a swit hman being ready to turn | Lewis of the Wonan's Moagseatne ed
viteh ato the proner moment. People’s United States Suna, ane lie
engineer reversed the dfreetion of Wis , tre: tor dn several of Lew!s
atin before the switeh connection cor asbntlons
vade, moving the train westward, meray bee ra of his family are at a dows
ne of the cars Jumped the traek for a ometive for Bhs musetde fits «rn:
rable te kee te the farther end pPloyers say that he daandled no taanes
ree Me engineer Kept It mav- tod bis habits are saudi to urs tees
esOwaed, until tinally several Cart | emmy dary, Letters waddrested to tba
derailed Grecthy HOTOMM bom | Were found nm as pechkete. but. there
enfcring the tunnel and the en- was ne note froma tage Co hits relathyes
thelf at last lefe the track, thus Young ‘Jravers dived with tha faa ty
etely Dloekine the western tunneifog tus half brother at 458t MePherson
ee heat re dhs Pe Pe
Ferminal Rathway A«so hathea Mre. N. Lee Travers sald te a Post.
Mined Of the pecullar acckdent sul |
‘AON A Wrecking creswoote the
f clearing the blocked tunnel en-
Whiely it was esttuated would
several hours
engineer, Frank Shadley,
C1210 Mlckory sireet,
in jumping from
who
sprained his
his engine and
aken to Bt. Mury’s Hospital. The
in, J. E. Kleekner, also Jumped,
as unhurt.
Dispateh reporter Visesalas
SOlin worked all dase Monday and
Came home apparently dn good spirits.
Hle deft about a» clock. wasinK tat he
wie golox oul for the evening Kor
the first the in his Hfe he remained
away from bome all night. ;
“We became very much alarmed and
we notificu the pollce the first thing
this morning... Detective Cabanne was
here getting a dsecription of him wheno
the
nervously
boards
Nicholas, a Western) Unlon
morn. |
sketehers
the
Only have V
um. Covvect dete )
wat have « Definitely executed but needs move work.
AEE
would grant
ber, and Reha
Htedxepeth committed the Glendale
trufn robbery by secreting himself on a |
Missourt Pactie train, and, climbing |
lover the tender to the engine, he pres:
sented a revolver to the engineer's head
and compelled
| One of
Slye and
is the r
i]
|
|
n St. Leouts
Tfror murder in the second degree,
from St Teoute
| ommended “uf
(a Wansas
for mavrder
1; 4
The State Supreme Court at Jeffere ae io
son Clty ‘Luesdcoc overruled a motion on iad
tor a reneariiac tn the vise of Edward '
‘Tiatenman, ao thermic, sentenced to hang
line Weta kis venat soan Jn Aue '
err
| The court vet tthe exe atton for Aug.
i? Irowill on Meant Vernon, the f
Peanut) aeat of boawrenee County 1X
| 4 4 |
t
(the news ean thatohe had teen found \
fos be t bark ‘
Hh Was as hear perfoet dn tite have .
Vite um a youu Midi could be. he dtd ;
joet dunk tmeKe or yatible, and ne Pe
Was thos ealravagant ife Was & InemMme find
ber uf the Linuell Avenue Methoulat ;
Church and belunged to Sir, Crawford's fy
Bible Class there, Ile was aloo a meme eam
ber of the Yo ME C' A. where he was lay
studying commnercdal law and Knglteh, wy
He Was Vecy studtous and ambitious, ot |
“Hils father was Willlam | Henry — ee
Travers of Cambridge, Md. He has.a |
sister, Reoecca, ao half-sister, Anna, and |
half-brothers, Jameq land °
vera.” . ae
,
ague Chica
paren +l
tity
NETH
+ po
a
is
'
‘
al
I
TOMO
——o ——
Gov. Folk Announces That He |
Will Pardon Him From
Prison,
Gov. Folk announce! Tuesday that he
Wednesday, in {
Ile lay on his back with his left hand | honor of July Mourtn, to Martin Hedgee |
under his head and his rhyht hund over | peth, the famous Glendale train robe
Pardons
rd Lehr of 8
brir
him to
eq | to a stop ata lonely spot near Glendale,
his confederates was Adelbert
had been planned
obbery
by the gan
Hedgepeth was the head, and of which
Edward Bateman - Missouri (0b.
o Tribune notice.
A ust 7, (906.
Wwisrden ff
wandon for Mrank
Henry,
BATEMAN MUST =f:
HANG AUGUST 7
116 15 | e
i} also rece | ‘
Harris, | =”
xtrving W years h 4
hi oe
|
j
ROW
t. Loule.
if the train
g of which
|CHOLERA IN
AAANT A, OEANET
ERRURISTS
TVTCORAINATI
T
Ne
KILLS SELF AS.
AAAN WAILIN CAIN
1) FO}e}L yaprdsyd -450) srw 4s
2
ry
(3
‘BY HELEN BEEDLE:. ;...Callaghan, who settled in
“Special to the. cassie, Marion ~ County about
Mark Twain oh A é a + 1832. + ay \ aes . ; Nw
Regional News _ Mr. Haines titled his
£ See ebook gt
HANNIBAL ~> Harold *Mail 1821-1859". The first tl
Haines of’ Hannibal. has’ publication “Was--1944; °
written a book and had it second’ printing, 1946, ger THANT BAPTIST CH wee
published... © |. which contained more | oo
small book ‘witha quill: 1949, “with? even’ more®:
_ Phim by his. grandmother, the Hannibal Public :
| as, well as copied letters * ibrary.in the: Missouri: é
j | Written: to his” ancestors 3 ) , ‘but: cannot.’ ber’ : se ae i
, , during_the! -vears 3182i< “Ghecked- beeause “of-< FRRStee : ee ree
Has
1859. These .old letters, their scarcity: Be ie
were also written with . ‘J. visited. Mr, Haines, FINAL CHAPTER--th 6 Bethe, - : ‘i a
turkey and goose quill who is now 84. Some news ° or nee. Bethany. Baptist:
Pens, using ink. made at. articles have heen written Church” near ~ Philadelphia, «Missoun, - were murdered in 18
home ‘in .browns. and. abouthim before. One, in, /Plovides the final chapter in the unusual.» ty. This story anda -nhumbe
ist : NEN SEN ete “Missoyr;. StOry of a murder in the mid-1800's. the=:,
ees ON e¢ve, 8, Columbia, Missouri © beautiful, litle Country church and its
The letters are from newspaper, described his’ nearby Cemetery, : as the final.
children of ~ Dennis ‘career as: a professional’ oe AT coteind: gaa y
Callaghan sent by various . wrestler, having Over 450. has seen Injun Joe; cand excursion. boats: lik
cS *
e the. worked at”
routes, in’ those days’ bouts as a welter weight-w a te hed © the. “J.S. Washington’. and Bureau | of *
steamboats. and stage. at’ ,140. pounds. . He - is.. Congressional Medal of. “G.W. Hill’ before ‘the: Louisi
coaches. Eventually they ° probably’ the only «living * Honor: bestowed'on Artie. locks. and *' dams’ were’?
propérty of. person who was kissed by Forrest at the Old Star built, MS OC fe Oller or
“great ‘Ltura ‘Hawkins when he. Theatre in 1920, He hag . Mr. Haines as also, had, sae
es
SRE:
Page
career, He =
lliam | was, just a small hoy. He. been’ a~.passenger on a long workin
SA PRR ARE Yt ae con
ee RE RRR GNT |
wee
a
ee ee
ae Pros copies fcz $Y 8 3 _
“788 (Sab routes being sepplied oy;
©
Vides
calling a
- | hand, all
Capacious Stages, would furnish, near at!
lo bedk ie
the desirable connestions - for rf
: Villaces, towns a
the Cite: Hotel.
other “attempt at
suicdie.” a “aad aeci: doubt: -
nd counties
diately on any zreat route,
a system of mail facitlties, like the cheay
postage, would cheanen. the service,
facilitate communication, there
> not imme. i
That such
and
is no!
; B8ainst
jGeclini}
| ! pressin:
j as the ; Ts
| The
Mr. Gra
encd-that soch
B the! 'prevailing
fen, 4 “2 faeal-ofray,” or Somsihinz of
, the sett, we Poshed forward: to learn the
| Bttticulas:- ‘On approaching near ae.
seerh: to} muguire: the cause of such ‘Bh:
Mase and eager
optaion, is.
ertions of
‘these j IMP ri
io Cifeuiati
assemblage, we fouad {*
the object of interese Was—a —- Just
| Presa Califernia!-. gee f oh, Meet
index: of the; panic ex:
i+ thie subject, Some of cur
ee
am: fation,
7 currence,
i aud sreatly,
o teetee oh
; . Ne This acean
» | Menced:: ber
3 tiga d oot
- She bss thar”
aes
Texdy for sale at
tepies 25 ype as . °
Sings her ‘Clerks;
Twenty sop $4.09. ees see
Deters j SS Mai, Ter ene ge more cepies, if)
pales cai? and ee ey ike. cash,
2 x ithere bi
manifested ¥ the tactive ex. | ‘the link:
the People: now demanding
S:0n tows
ements. Petitions are no
We respectialiy ask the. attention of:
cur Representatives. to the sUgsestions |:
we have male, | and trast that, upon ex-
and: a £orresponding actionie
| Sézare for the people. these. much: desired :
in. a Rew dress of panit.—
*} fellows, D Dax. Aacs, M1,
enouzh +t to. masks er 2 favorites”
aeved fi OtZets his tsvors tp.
: tha“wray ofa packaze "OF
Wi ‘hop ‘o
On: tendiag to ibis purpose. Fy a
a faithfut’
Bey. will meet mithi their con-,
j Lower H
-Neaded -improvements:s «.; Satire | elected: w
IMS TE enn. hae . o as
“Bary Stephens. fo! -
Heny.. boat: Has | site comet The De
irips ‘as 2. Tesmtar packer, fee losin f
: zi have: BPD.
t prince of accom OMOdati Te S...Riei
board! as Ghe of. zressional
aod whSy hare! si said, dt is;
The: ‘No
papers, “teat He Cabton,
‘ideteand } :
long sick
i Mr. Grecf
1of his Sra]
talented og
ri — i * big
r ure ove oe
<BSesrry atiog tote, ° > : Tthatss double advantage fi ie favor of the! it led at . a
ata a See 5
“Spa ha Clicks of he cy boat. and not Be. :
. Our: banka to: 12 Clecks o t e Luc i _ Reena ae 4 sieeld hac. B
Bes ine 3.sag xtc Rearney, for late p pa +f : Len. = Pom £28326, 7 the | Mintaioge count With a
-_ pers. ee “ man; is now exhibiting ig S¥ Louis." toumber of ; z
<7 ts - ao. : E * eS - - _ a Sant _. : isiziiehts ~. BR
Fees!
She Leone OReeat Plott
ee PRE me eae fe
dy
i
Mey oe tes
+
3 RS 32ND TAR PAINGS: | eal ee
, ~ : : : SRL Wee iets
berg, a} The PRB tad Coalsssion if the = Hagre, Bon.. gat. TRSSLYES lor 2)
218, died rexchily | in Caiverni | PareRSad at Paha ore om the Tith of “Jaan : on i Conn
: sisG formarts editor 9: La deat, forthe murder of Hi. “Thomex Bright's at ait Ligdg sf Coaniry Pr. ; Dest x
3s PReTy se fects rt, forest - Peltae itrada:
Aaa sterling Demers ciildren ;- snow > Peay for melo at i 11s office. oo TR Sarvs | hich
ee : : = af “ss ~ hte Sinale sonics 35 *ents. m3, * 5 hae j vy Ty} 2
-TSRAR SP lalese | —_— m4 ge i tdany
: watt ome tit Ds ‘4 $ California roid | ar
, _oiten ae faz 7 one er mors |
te ‘ _ igger {
C2 3¢9 paid ang scompanted by Es, ae
id reeesive Brera? attention, - sts
7 SS __ | SENTLOMEN. io haye every Variety of med
VOMMissioney’s iNGhica, t ¥ Fizens and Dens suit. able for hig
— [commendable enterprize: CAE
Taties js herety Zi¥2n to the eetate FS EES BLANZETS, sep Che rT q.. CA
‘7Stor and to the c-sditors of tae estate of | ING of eve description: Iadia Rubber wi os
yRew McDonald, dec. iste of =Tation | Coats, C Capes and Caps; Water Proof Jy. | a
Paty, that the ondersioned protated a/ dia Rubber Bass for Clothing and Provise jim, suk
SOG Miest_ ner, by zhe county oom rt of mae ions, allof which i suarantea to sell at asic, the.
ne C& county, to audit and settle Jomands flow = Prices 33 can be got wo i the ir oole ~
Dibdited again tSt said estate, nos exceed. west. UTR SELMES. nakin
se one hundred 2 defi ara e2ch, aetording Hapaib bal Bfarch 7, i350. ag 1
tothe 29th Sec., of the 3d Arti icie, of the} rae ran of &
Administration | Law, Will set a3 commis. Ber Aen
iSicnar, aforessid, +t Sis ofiee in the tityof} -The Brick Store House on the corner of Th
| Hansidsi, ia marion county, on Wedneg- Hil & Main atreets recently occupied as}in South
= mae Ea pails ihe dar the 10th day of Ane i next for the aleiz Clothing z store. by A Grinbaum. Appiy! ye ret
to =f BF ~
etecniag March 14.3 139, lowance of demands e2RHSst Said eststa— } to wot © LAKENAN, or the. patri
ia ey fand on’ demands. led on that cay; will} Han. jan 24759 TR Sexes | ius, and
“oC3 the past week has = assumed a continue fram dayte dy 2¥, sot exceeding j 7: L him to c¢
Loneek, Arrivals of Bacon 3nd jthrea @ days, ontil the 3. me are anteh- oe sinal Sets -Cmen 4 An 7
> been pretty Seavy. Bacon we . 4. G. DRAPER. : evotiee is hereby. wiven to-creditors an fe
(35 @ 33,500 round: Tapa ah mMatrh 143359 Commissioner, others interested } im the: estate of Jas M. }
“3 @ 34, eg Aaa age ane Tad Clemens, deceased, that fapply atthe next B. L.
i Searce and ATTIV Ala ixhyee g : :. «-. Hario county court, tol aa FY!
ae. G i : Sons ® I. A dininisseata +, Sale. repolar term of the arion : pi CETTD;
-2 Wl Oring 80 to B3c. -lemp TO EEA AOL SD be held at Pa} ‘MyFB on the Ist Monday COM
$ a, 7 aa . Pied _— . } F
i—$3 50 9375 beiag now df-} |. re ~ ate om in May, 1250, for a final cetliemant. of =
. £29 Dversizned, @uMipistrator ”“ tae my admini strat ion ny sain os @. i 7M.
eee ct Sfayhow -iceDonald, dec’d, wil} RiON CLEMENS Adm'r. | ;
ce ros £Y. oot. od ? a : baie “ “ “i Consign
cigar 5D 8a; oSt2 Le @i gel] -+ Puete auctisa, a at the auction nat m, March 7, Soe ; 1 Home
. Corser cf Rain and ird Streets, in thef—— : : ae)
3% andie fast boating order. | tite of Hannibal, C2 tne Sth day of April SD GQarn are
es See weseee, Bext. the perishab's nareanel noo.” -
SE Ss OY ow. FOE: PRICES.
134 HISTORY OF ANDREW COUNTY.
After making his confession Bateman requested that a special
term of the circuit court be called as Soon as convenient, so that
he could plead guilty, and have the matter gottled at once. This
Judge Kelley granted him, and set Thursday, October 2, as tho
day for the trial.
Court convened on that day; a grand jury was empaneled, and
after examining a number of witnesses, two indictments were
found charging Oliver Bateman with the murder of both the lit-
tle girls. The judge offered to appoint counsel to defend him
but he did not wish any. The indictments were then given to
him, and court adjourned until the Monday followiag.
Before adjourning court Judge Kelley talked to him, and told
him of the enormity of the crime, and that he had forty-eight
hours to plead to the indictment, and would agsi
if he so wished. He was then ‘taken to jail, and the only com-
plaint that he made was that the matter had not been ended that
day, and the time set for his execution. He contended that he
was guilty and ready to die. During the interview between the
2d and 6th of October Judge Kelley requested ex-Judge William
Heren to visit Bateman in jail, and see whether he wished counsel,
and if so, for him, Heren, to take charge of the ease. Judge
Heren had several interviews with the prisoner, and on each time
Bateman insisted that he was guilty, and said that he didn’t de-
sire any delay whatever in the trial.
Monday, October 6, great crowds again gathered in Sa-
vannah and ali seemed anxious to know how the Bateman easo
would torminate. It was noised around that he had made up his
mind to enter a plea of not guilty and ask for a change of venue.
These reports excited the crowd, and there was strong talk of
lynching in case he did so.
The courthouse was filled during the morning, but Judge Kel-
ley did not put in an appearance until after dinner. Inthe mean-
time Drs. W. H. Bryant and W. M. Kerr, of Savannah, and EB. A.
Jones, of Rochester, visited Bateman in the jail, and examined
him as to his mental condition. After a thorough examination
these physicians pronounced him sane, and responsible for hig
acts.
en him counse}
1
After dinner the courtroom was again filled, a number of
STATE OF MISSOURI. 135
laclies occupying seats within tho bar. and promptly at 2:05 P.M.
court was called, and at 2:07 the prisoner was brought in by
Sheriff Lincoln and Deputy Sheriff W. A. Elliott, and took his
seat under the clerk’s desk, and after sitting a few minutes the
Judge addressed him and said.
“Mr. Bateman you may stand up.”
After the prisoner had risen to his feet the Judge continued:
‘You have had the copies of the indictments against you, and
have had time to consider the matter. Are you ready to plead ?”’
Bateman’s reply was, “ Yes, Sir.”
C. F. Booher, proseeuting attorney, then read the indietment
charging him with the murder of Adella MeQauehlin, the younger
of tho girls, by cutting her throat. and next the one for the killing
of Austie McLaughlin, the elder sister, by shooting her, to both
of which the prisoner pleaded guilty, without showing the least
emotion. In answer to questions propounded to him by the court
he stated that he did not want any other action taken in the mat-
ter, and authorized the court to reeeive the plea as civen.
At 2:22 P. M. Oliver Bateman wasagain ordered to stand up,
and Judge Kelley concluded the sentence as follows: ‘* You have
cruelly taken the lives of these poor children in their innoeence
and purity. All who break the law must suffer the consequences.
It was written many years ago that the wages of sin is death.
The law makes an example of you as a warning to all others who
may be disposed to trespass the positive command of the law.
It is the order of this court that you be taken back to the jail
from whence you were brought, and there be confined until the
twenty-tirst day of November, 188-4, and upon that day, between
the hours of 10 o’clock in the forenoon and + o’elock in the
afternoon. you be taken to some suitable place, selected by the
sheriff, and be hanged by the neek until you are dead. You may,
in the meantime, have the attendance of such men of God as you
may select. It is never too late to make your peace with God,
and may the Lord have mercy on your soul.”
Thus ended this remarkable ease, occupying but twenty-seven
minutes. Tho sentence was made on the first indictment. The
only objection that Bateman found to the whole proceedings was
that the day of execution was not set that day instead of the
21st of November.
132 HISTORY OF ANDREW COUNTY.
and Drs. Lockettand Kirk of Flag Springs, and a 22 ball was
found in the body, which fitted the other barrel of Oliver Bate-
man’s pistol. The ball entered a little above and to the right of
the umbilicus, passed downward. and backward through the left
intestine, and lodged near the spine.
The finding of this ball dispelled all doubt as to the cult of
Oliver Bateman, and when he was confronted by Sheriff John
Lincoln and Deputy Circuit Clerk Thomas H. Ensor in the
jail that evening, and told of the post mortem examination and
the finding of the 22 ball, he at once acknowledged his guilt and
made the following. confession to these gentlemen:
BATEMAN’8S CONFESSION, SEPTEMBER 8, 1884.
My name is Oliver H. Bateman. I was twenty-two years old Auguat 4, last.
Last Sunday a weck ago I was at home when McLaughlin’s little girls came there.
They left our house at2 o’clock to go home. I saw the little girls at corner by
Knappenberger’s; did not start from home for fifteen minutes afterward q
went through the woods straight to Dr. Lockett’s cornfield. The little girls were
just inside the fence picking hazelnuts when I first saw them. I went to them,
told them they need not be scared, talked with them half an hour; while talking
pursuaded them to go farther into the corn. I saw Harry Knappenberger pass
going to singing; was farther out inthe corn than when I killed the big girl.
We went back toward the road. She was walking in front of me. I shot her
with a 22 ball, and she turned around. I shot her then through the head with 9
82 ball and killed her dead. The other little girl then started to run. I followed
and caught her. She begged me to let her go, and when I let ber go she cried,
‘murder’ and ran. I followed her knowing she would tell it. and caught her
again. I did not hither. I threw her down and cut her throat; staid with her
till dead, picked her up and laid her on the ash pile. It was fifteen or twenty
minutes after Knappenberger passed before I shot the oldest one. After J cut
the little one’s throat I went back to the biggest one. She was lying just where
Tlefther. When I went back to the oldest one I enlarged her with my knife,
and had connection with her. I went back to the least one, and moved her into
the weeds. I held my hand over the least one’s mouth, and the older one said
nothing after I shot her. I never had sexual intercourse with a woman in my
life. After I went back and moved the least girl into the weeds, I went out at
the bars, crossed the road, went down through the woods to the creek and
washed my hands; went farther down the creek, threw my knife into the creek
and went back home; went into the room and laid down; told my sister to wake
me if any body came. About sundown Ira McLaughlin came after the little
girls. I wanted to help hunt them; my folks would not let me, as they thought
I was sick. They do not know I committed the crime. I never would have told
it, but you described to me so nearly how I did it that I thought you must have
seenme. I told the little girls there were better hazelnuts up there in the corn,
and they went with me; I told them there were young rabbits outin the corn,
and they went with meto see. The little girls had their hats off whenI came to
STATE OF MISSOURI. 135
them. They said they laid them down tokcep them from getting spoiled. I split
the older girl open after I accomplished my work to make people believe some
crazy man hadkilledthem. I did nottry to shoot the little girl. I put the balls
in the pistol Monday morning.
OLIVER H. BATEMAN.
Witness: Joun Lrncoun, Sherif of Andrew County,
Tromas H. ENnsor.
Subscribed and sworn to before me, clerk of the circuit court, this 8th day
of September, 1884.
J. C. Brooxs, Clerk.
By Tuomas H. Ensor, Deputy Clerk.
After it had become known on Monday night that Bateman
had made a confession acknowledging his guilt, the excitement be-
came so great that at about midnight Sheriff Lincoln, fearing s
mob, secretly took the prisoner from jail and drove with him to
St. Joseph, where he placed him in jail.
On Tuesday night crowds of people gathered around the St.
Joseph jail, and the excitement was intense. The prisoner was
secretly taken from the jail by Sheriff Lincoln, assisted by Sheriff
Thomas, of Buchanan County, and again brought back to the
Savannah jail where he has since been confined.
How much of the above confession is true we are unable to
state. Bateman stated in that confession that he had thrown the
knife into the creek, and some time afterward wrote to Thomas
Dawes, who lives near Flag Springs, that he could find the knife
behind a rafter in the kitchen loft. W. A. Elliott, Dawes and
several others went there and found the knife where Bateman
stated it was.
In a number of interviews after he made his confession, and,
in fact, at the time the confession was made, he stated that he
drank some whisky, which he got from a stranger that had passed
his father’s house, and that it crazed him so that he hardly knew
what he was doing when he committed the crime. This no one
believes, and, in fact, we understand that his parents even say
that it is not so.
Oliver Bateman did not drink, and it was the general belief
that he had not a drop of whisky in him at the time he committed
the murder. He stated, himself, that he never bought but one
pint of whisky during his life time. He wanted some excuse for
committing the terrible crime, and no doubt concluded that
whisky was the best he could make.
ee
128 HISTORY OF ANDREW COUNTY.
the captured robber, laboring under the impression that escape
from death was impossible, made another confession in which the
details of young Hedrick’s murder were clearly and fully set
forth, he having been one of the parties to the crime. His
account of the bloody deed corroborated the statement of the for-
tune teller, who, it appears, was led to make his pretended revela-
tion in order to ward off suspicion which otherwise might have
been directed to himself and associates. To the great regret of
the people, the captured outlaws succeeded in escaping from cus-
tody, and it may be reasonably inferred that the fortune teller
left the community for more congenial quarters at the first con-
venient opportunity.
ATTEMPTED BANK ROBBERY,
One of the most daring attempts at open robbery ever known
in Northwest Missouri was made in the year 1867 by the notori-
ous Melvin Bond, a well-known outlaw and desperado, who, with
six comrades as reckless and desperate as himself, made a raid on
the savings bank in: Savannah. The robbery was admirably
planned, the time chosen being about 2 o'clock P. M., when the
people of the city would be least expecting such an occurrence.
The outlaws rode boldly through the streets to the front of the
bank, where, hastily dismounting, Bond, with several of his com-
rades, entered the building, and presenting a revolver, demanded
of the cashier, Judge J. Mclain, his money or his life. Mr.
McLain at the time was standing behind the counter engaged in
preparing an express package, but taking in the situation at a
glance, seized a revolver and replied to the outlaw’s demand with
a shot which took effect in Bond’s arm, shattering the bone.
Almost simultaneously the latter fired hitting the Judge in the
left shoulder, severing the main artery, and making a terrible and
dangerous wound. At this juncture one of the robbers rushed
around the counter for the purpose of securing the money, but
was met by the Judge, who, with his revolver cocked, advanced
upon him, causing him to beat a retreat toward the door. By
this time the commotion at the bank aroused the citizens, who
immediately began to gather around the building. whereupon the
outlaws, thinking discretion the better part of valor, hastily
x
~~
hy
fa
eee
STATE OF MISSOURI. 129
mounted their horses, and rode out of town no richer than when
they had entered it. They were pursued by the citizens for some ~
distance, but being well mounted succeeded in outriding their
pursuers and making good their escape. Judge McLain’s wound
proved a vory serious one, and resulted in the amputation of his
left arm near the shoulder.
The same fall in which this robbery was attempted, Bond
killed the deputy sheriff of Nemaha County, Kas., for which
he was arrested, tried, convicted and executed. Before his exe-
cution he confessed to having made the attempt to rob the Savan-
nah Bank, and Judge Mclain, being notified of the fact, went to
Kansas for the purpose of identifying him. The two recognized
each other as soon as they met, and Mr. Mclain was the last one
to bid the doomed man good bye on the scaffold.
*MURDER OF THE M’LAUGHLIN CHILDREN.
On a Sunday afternoon, in September, 1884, in the vicinity of
Flag Springs, was enacted the most brutal and fiendish crime
that ever took place within the boundaries of Andrew County;
indeed a more diabolical and cold blooded outrage would be diffi-
cult to imagine. Mr. John McLaughlin, who lived a short
distance west of the village of Flag Springs, went in the after-
noon stated to visit the family of George Elrod, taking with him
his wife and three small children, the two eldest daughters, aged,
respectively, nine and seven, going to spend a part of the day
with the family of Thomas Bateman, about a mile and a quarter
away. After spending a part of the afternoon at Mr. Bateman’s,
the little girls, about half past 2 o’clock, started along the road
toward their home. They passed the residence of Eli Knap-
penberger about 3 o'clock, and were seen and spoken to by some of
the Knappenberger family. They passed on down the road
toward home, but were never afterward seen alive. When Mr.
and Mrs. McLaughlin and the younger children returned home
in the evening, they expected to find the two girls, but there was
nothing to show that they had arrived. Supposing that they had
gone down into the cornfield below, where they bad on several
occasions accompanied him, Mr. McLaughlin went there in his
*Taken from accounts published in the Reporter and Democrat.
9A
*T7gQT “Tz zequeaoN uo *tunesstW Syeuueaes ye poZuey oz feqtym **y zoatlo ‘NYNRIVE
130 HISTORY OF ANDREW COUNTY.
search; not finding them the neighbors were called upon to assist,
and within a short time the whole community was enlisted in the
search for the missing children. The country was scoured for
miles around, the citizens volunteering eagerly to assist in ascer-
taining the whereabouts of the little girls, and continued their
vain efforts until long after midnight. Search was renewed in
the morning, and about 9 o’clock the body of the elder child was
found lying in a ghastly and horribly mutilated condition, between
the forty-fifth and forty-sixth corn rows in the field of Dr. Lockett
—dead. When found she was lying upon her back, arms and legs
extended, a bullet hole in the left side of her head. the clothing
torn and stripped from her body, mouth bruised as from a blow
by a heavy fist, and three gashes cut from the breast bone down
through which the intestines protruded. The young man who
mace the discovery at once gave the alarm, and the effect which
the harrowing and ghastly spectacle made upon the crowd that
soon gathered around, was of a nature to cause the blood to run
cold. Further search was instituted for the body of the younger
child, which was soon found by Robert Barbee, 175 yards farther
east, whither she had been chased by the pursuing fiend. It
appears that the child had made frantic and well-directed efforts
to escape, she having reached the bars of the fence, and in going
that distance had come to the ninth row of corn from the road
But she was overtaken, and doubtless knocked down by a blow
or blows on the back of the head by the, butt of a pistol or some
other blunt weapon, after which the inhuman murderer, bent upon
destroying all evidences of his crime, had cut the little one’s
throat from ear to ear, and carried her into some tall weeds near by
to bleed to death. Some half an hour after the children had
passed Mr. Knappenberger’s house, two boys, Newton Bateman,
son of Capt. Thomas Bateman, at whose residence the girls had
been visiting, and Harry Knappenberger started along the same
road. After going a short distance the boys separated, the former
saying that he would go over to his uncle's, Wilfiam Bateman.
Young Knappenberger then passed over the same road the girls
had gone, but saw nothing to create suspicion in his mind that
the children had not reached homo in safety. A coroner’s jury
was convened the following Monday, but, after a painstaking and
STATE OF MISSOURI. 131
thorough examination for several days, failed to fix the guilt upon
anybody, and returned a verdict to the effect that the girls had
been murdered by some persons unknown to the jury. During
all this time the excitement in and around Flag Springs was at
a fever heat, and in fact the whole country was aroused.
When the crime was first discovered, suspicion reste:
Newton Bateman as the probable murderer, and had his sistsr
adhered to the statement that she made before the coroner's
jury, that her other brother Oliver was at home sick during the
afternoon in question, the real murderer would doubtless have
been more dificult to apprehend. When closely interrogated a
few days later, Miss Bateman acknowledged that her brother
Oliver H. had left the house about 2 o’clock in the afternoon, and
did not return until 5 o'clock. This was considered a good clew,
1 on
and was worked upon both by the officers and those assisting
them, and Oliver Bateman was shadowed from that time until he
was placed in jail.
The ball which was taken from the head of the older girl
was a 32, and fit one of the barrels of the double barreled pistol
that had been found buried near a tree in the Bateman yard.
This and other suspicions circumstances strengthened the belief
that one of the Bateman boys was the guilty party. Newton
could prove an alibi, but the circumstances surrounding Oliver’s
case were rather suspicious, and he was brought to Savannah, and
placed in jailon the 5th of September, and the word was ciren-
lated that ho was placed in jail to protect him from the mob.
The excitement was still great after Bateman had been placed
in jail, and Sheriff Lincoln on several nights took him from jail
secretly, and kept him away during the night, fearing that a mob
might get him. Oliver H. Bateman during all this time pro-
tested his innocence.
Sheriff Lincoln and Prosecuting Attorney Booher, assisted by
a number of active citizens of the county, were all the time dis-
covering new evidences that appeared to fasten the guilt on Oliver
H. Bateman, and when the body of Austie, the older girl was ex-
humed on the morning of the 8th of September what was thought
to be an abrasion was found to be a bullet hole. A post mortem
examination was at once held by Dr. E. B. Ensor, of Savannah,
nto
Subj: Fwd: Missouri executes murderer of 80~year-old woman J
Date: 96-08-10 09:33:52 EDT
From: JohnMasNnJ
To:, Galba33
ee ty ee te cp ee eth See ep
Forwarded Message:
Subj: Fwd: Missouri executes murderer of 80-year-old woman
Date: 96-08-08 19:06:45 EDT
From: JohnMasNJd
To: Wattespy °
{
The execution of Thomas Battle...
Forwarded Message: ee 7
Subj: Missouri executes murderer of 80-year-old woman
Date: 96-08-07 02:02:41 EDT
From: AOLNewsProfiles@aol.net
, POTOSI, Mo? (Reuter) - A man convicted of raping and
murdering an 80-year-old woman was executed Wednesday by the
state of Missouri, a spokesman said.
Tim Kniest, a spokesman for the Missouri Department of
Corrections, said Thomas Battle, convicted of the 1980 murder of
Birdie Johnson, received an injection of a lethal combination of
drugs and was pronounced dead at 12:06 a.m. CDT (1:06 a.m. EDT).
In a final statement, Battle affirmed his innocence and
expressed his love for his supporters. |
‘“*The state has blocked every Opportunity for justice, but
God as my witness I did not commit~murder and rape,’’ Kniest
quoted Battle as having said. |
Battle did hot order a last supper before he was executed.
His last meal was a Tuesday breakfast of bacon, eggs and grits.
Kniest said seven opponents of the death penalty and six
death penalty supporters demonstrated outside the Potosi
Correctional Center in the hours before the execution. —
“REUTERG
(c) 1996, Reuters Limited. This material is for personal use only.
Republication and redissemination, including posting to news groups, is
expressly prohibited without the prior written consent of Reuters.
TTT Ta mn manmnaraccmorararorimee H6aderg mot ne
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HISTORY OF ANDREW COUNTY.
Mr. and Mrs, McLaughlin, father and mother of the murdered
cluldren, were present during the trial, and occupied seats within
the bar.
At both the trials large crowds of people from all sections of
this and adjoining counties were present, and there was a deep
interest manifested in the case. After the sentence was_pro-
nounced all present appeared to be satisfied, and the general talk
was that the law should take its course, and the prisoner be al-
lowed to expiate his crime on the gallows. After the adjourn~
ment of court the crowd dispersed and Savannah was as quiet as
usual. No more fears of lynching were entertained.
fter the sentence the prisoner was continually guarded in
jail for the purpose of preventing him committing suicide. He
had many visitors, the most of whom, no doubt, called to satisfy
aniidle curiosity. Members of the press from all sections inter-
viewed him time and again, and they all regarded him as a pecul-
lar character.
He was always ready and willing to answer any question, and
expressed no fear of death. He would talk of the crime as an
ordinary occurrence, and always insisted that he would show no
signs of weakness on the gallows.
Bateman enjoyed good health while in jail, slept soundly and
ate heartily, and frequently spoke of the kind treatment he re-
ceived from Sheriff Lincoln and wife.
He was visited frequently by Revs. Hawkins, Voss and D. F.
Bone, who prayed with him in jail, and between 10 and 11
o'clock on the day before the execution, when the above named
gentlemen and Messrs. Dr. Laney and W. B. Howard and Mrs.
Hawkins were holding religious services with him, it is said that
he experienced religion. The members of his family visited him
on Wednesday and bade him a last farewell.
George Brant cut his hair and shaved him in jail late in the
afternoon, and he remarked that he was the first barber that
ever shaved him and would be the last. Hoe was cheerful all the
time, and chatted and talked with those around him, and did not
appear in the least to be troubled about what was to take place.
Revs. Voss of the Presbyterian Church and Bone of the
Methodist Episcopal Church South again visited him, and re-
muined some time in prayer.
STATE OF MISSOURI.
Bateman retired at his usual hour, and his guards report that
he slept soundly during the night, and when he awoke was in
good spirits. He arose at 7 o'clock and when he came out of his
cell he was in the best of humor, aud jumped up and said that he
felt good. He ate a hearty breakfast, and when asked whether
he had anything new to divulge, stated that he had told every-
thing and had no new developments to make.
The night before the execution he requested his guards to al-
low lum to remain up during the night, as it would be the last
¢
that he would spend on earth, and that he was anxious to have a
good time, :
Barly in the morning reporters from the St. Joe. Kansas
City, St. Louis and Chicago dailies endeavored to have an inter-
whey with him. Sheritf Lincoln took in their request and the
prisoner sent them word that as he divulged everything he had
ne desire to see any more newspaper reporters.
The evening preceding the day of execution many from a
distunee arrived, coming from all quarters and representing
several States. During the night they continued to pour in from
the surrounding country.
The hotels wore crowded as were all private houses, where the
eltizens would under any circumstances accommodate any of the
gathering throng with sleeping facilities, and hundreds found no
beds at all.
The morning dawned with a haze, blurring the brilliancy of
an otherwise bright day. Lire it was fully light, wagons and
buggies filled with curious humanity, men, women and children
on horseback and afoot, came, bent on seeing the justice of the
law meted out to Bateman.
Before 10. o'clock all the streets of the town were a surging
mass of humanity. Both morning trains added hundreds to the
crowd in the town that was then overflowing. By sunrise they
had commenced to locate their positions on the grounds of the
execution. .
At 9:30 10 the morning his father and his uncle, William, vis-
ited him, and, after a short conversation, bid him a last and as
final farewell.
At 10 o'clock Revs. Voss and Bone were again admitted to the
HISTORY OF ANDREW COUNTY.
prisoner’s presence, and devotiona] exercises were held, the pris-
oner seeming to be deeply effected. At19 o'clock Sheriff Lincoln
entered the jail and read the death warrant to the doomed man,
and half an hour later he was placed in a carriage and conveyed
to the scaffold,
At 12:55 he ascencled the gallows with a firm step, and, as the
Tope was adjusted and al] made ready, Rev. Voss read a few
verses from the Bible, and prayer was offered up by Rey. D. F.
Bone for the eternal welfare of the doomed man.
After the conelusion of prayer the black cap was drawn over
~~
his face by Sheriff Lincoln, and at 2:55 the trap wag sprung,
and Oliver H. Bateman was sw
He made no remarks from the scaffold
showing any signs of nervousness whatever.
Sherit? Lineoln was assisted by Deputy Sheriff W. A; Iniot,
James Caldwell and others,
After the crop the body was examined by Drs. Wakefield, iV.
M. Keer, and B. Ensor, of Savannah, and Dry. Carpenter, of
St. Joseph.
Life ceased eight minutes after the drop, and thirty minutas
afterward the body was cut down and laced in the coffin prepared
) i }
7
I
i by him
by his father and was taken charge of by him, and buriec
d ’ DoD Pi J
on his farm near Flag Springs.
Thus ended the famous Bateman case, and the law Was Vin-
dicated,
DEATH WARRANT.
STATE OF MISSOURI,
COUNTY OF ANDREW. ss.
In the Circuit Court.
To the Shelf of Andrew County, tn the State of Missouri:
Whereas, On the sixth day of October, A.D. 1884, in the circuit court of said
county, at a special term thereof, it was sentenced, ordered and adjudged that
Oliver H. Bateman n, confined in the Andrew county jailin your charge, be hanged
by the neck until he be dead,on the 2ist day of November, A. D. 1884, between the
hours of ten o’clock jn the forenoon and four o'clock in the afternoon, of that
day, upon a judgement of conviection-of murder in the first degree, a certified
copy of which said judgment and sentence. is herennto attached.
And it was further ordered that the sheriff of Andrew county take the said
Oliver IT. Bateman from the jail of Andrew county, to some suitable place in
said county, to be by him selected, and hang him, the said Oliver Hi. Bateman,
by the neck until he be dead, on the 21st day of November, A, D. 1884, between
the hours of ten o'clock in the forenoon and four o’clock in the afternoon of
that day.
STATE OF MISSOURI. 139
You are therefore commanded to take the said Oliver H. Bateman from the
county jail of Andrew county, in the State of Missouri, on the 2Ist day of
November, A. D. 1884, and at some suitable and convenient place in said conn ty,
to be by you seleczed, between the hours of ten o'clock in the forenoon and four
o'clock in the afternoon of that day, hang him, the said Oliver H. Bateman. by
the neck until he be dead.
And you are further commanded to have this warrant before the judge of
the Andrew County Circuit Court at the next regular term thereof, to be begua
and held at the courthouse ia the city of Savannah, on the Ist day of Decem-
ber, A. D. 1884, certifying herein how you have executed the same.
Witness my hand and the seal of sald court, done at Savannah, Mo., this
15th day of November, A. D. 1884. eo
J.C. Broous, Circuit Clerk.
By Taos. H. Exaor, D. ©
GRASSHOPPER PLAGUES.
et . h oe a vier
Andrew County was first visited } srasshoppers—Nox ky
] i Ss re lnsects king their
Mountain locusts—in August, 1874, t¢ sects making the
appearance in great numbers on the 8th day of
{
the ebove month,
|
flying in an easterly direction. They continued to pass over
; Tay . rs oliahta, Y enuse
clouds for several days, but sufficient numbers alighted to cause
farmers and cardeners, who took
. = , ‘ | 1
great uneasiness among the BS
every precaution to guard the crops ‘oo the be tes of ane
terrible pests. The insects did but little dammage that ies, bee
ply remaining long enough to deposit their eggs, which they did
in countléas raillions, and then emigrated to other fields.
About the 20th of the succeeding April the young hoppers
began to appear, absolutely covering every square or fraction
thereof of the earth’s surface, destroying verdure of all kinds,
rendering wheat, pasture, and all other fields as barren as the
traveled highway. The pests seemed to move in one general di-
rection, éastward: and exercised the utmost system in the work
of destruction. Countless myriads swarmed through the air, in
clouds as dense as to intercept the sun’s rays for several minutes
at atime, while the ground in places seemed to consist of a
moving mass of animated atoms. Before this relentless army
of destroyers all kinds of vegetation rapidly perished, and it is
said that the insects became so numerous on the railroads as to
cause the locomotive wheels to slip on the iron, resulting in pro-
longed delays of trains. At first the farmers attempted to protect
their crops by destroying the insects, but. finding that a thousand
Hannibal Journal Dec. 6, 1849 p. 2 at col. 1.
Convicted The negro man who was arrested some weeks since for
the murder of Michael Bright's children has been found guilty by
the Marion Circuit Court, and sentenced to be hung.
Hannibal Journal Jan. 17, 1850 p. 2 at col. 1
The execution of Ben, the negro who was convicted at the last
term of our Circuit Court for the murder of the children of Mr.
Michael Bright, took place in Palmyra on Friday last , [Jan. 8,
1850] according to sentence. We are informed that he confessed
his guilt, and said he deserved death.
Faye 4, MANN
BOOK vn race
'
a neighbor, ~Thomas~
a construction worker (he
helped build the original
Hannibal Clinic on Grand
Avenue). He also worked
at the old car wheel
foundry; the shoe fac-
tory; when Fort Leonard
Wood was built; and for
the Police Department
helping to process 8,000
workers for vaccination.
He states he retired at
seven grar one
granddaughter and six
great grandchildren. He
and his wife have been
married for 62 years.
Indeed, he is an in-
teresting person and his
memory is keen. He
dances every Wednesday
at the Armory. He has
written for permission to
“bat a ball at Busch
Stadium, with his Car-
dinal cap on’’. Let’s hope
they grant his request.
My interest was drawn
to one of his stories in his
book told by his grand-
mother, about a tragedy
that occurred on October
30, 1849.
William Callaghan was
doing some stone work for
Glascock. William had a
slave called “Isaac” and’
Glascock’s slave was
‘‘Ben’’, They were
hauling rock with
Separate teams and
wagons and Ben returned
an hour late with his load,
saying he was sick. He
was allowed to quit for the
rest of the day.
The next day, two
children by the names of
Susannah and Thomas
Bright were found
murdered .in the woods.
Susannah was 12 and
Thomas, 10. The girl had
been violated and the boy
killed with a stone. Ben,
the slave, was accused of
the crime.
When I read this story
in Mr. Haines’ book, I
wondered what kind of
\rial was held, so I visited
the Marion County
Courthouse records and
found the trial records --
all written by pen.
Ben indeed was
charged with murder in
the first degree. The trial
date began hardly a
month after the crime --
November 21, 1849. The
testimonies were those of
the neighbors who had
Searched for the children
and found them in the
confessed to the crimé; to
physician’s _ testimony,
Outlining the physical
evidence found on Ben
and Susannah, surely
convicted him, along with
the fact that Ben’s knife
was found at the scene,
(the attorney only valued
it at 25 cents).:
The trial lasted until
December 1, 1849, with
the 12-man jury finding
Ben, the slave, guilty. On
December 4, 1849, Ben’s
counsel moved for a new
trial, but was denied. The
prisoner was asked if he
had anything to say --
when he signified that he
had nothing further to
say, the court passed the
following ( sentence:
“That the prisoner Ben
should be, by the Sheriff
of. the County of Marion
on Friday the 11th day of
January 1850, and bet-
ween the hours of 12 of the
clock in the forenoon and
2 of the clock in the af-
ternoon of that day, hang
by the neck until he is
dead’’.
Ben had declared his
innocence, but some
writings. say that he
a clergyman, at the
gallows. He never
testified at his trial.
The Bright children had
gone to the woods to pick
walnuts. The mare was
tied to a tree. Their hands’
were stained from: the
hulls -- and some walnuts
had been sacked. .
I visited the beautiful
little Bethany Baptist
Cemetery near
Philadelphia,, Missouri,
where the Bright children
are buried. Mr. Henry
Rhodes, who lives
he script on the tombst
“Lovely and pleasan
The victims of a murder in 1849, the
children reads
death undivided."
N REGIONAL NEWS, Sep tember 7, 1988
one for the Bright
in their lives; In
brother and sister. are buried at the Bethany Baptist
Cemetary near Philadelphia, Missouri.
nearby, said he recalled
E.C. Bohon, Marion
County School Superin-
tendent for 30-40 years,
had had them moved
from an abandoned
cemetery to the Bethany
Cemetery about 1930.
They have a special site—
there in full sunshine,
Someone has thoughtfully
placed flowers on the
grave. The old stone is
legible, reading: “Lovely
and pleasant in their
lives; In death un-
divided’, -
Where is,Ben buried?
From again searching old
records, it seems the
physician kept the bones
in a box in his office.
Years later, the box was
found in an attic in one of
the buildings in Palmyra
and now is in the
possession of a Palmyra
native. A grim ending of
‘““Ben’’, who never had a
name. :
This is just one of the
many interesting stories
in Mr. Haines’
““Callaghans Mail’’.
Reading his book is a day
well-spent at the library.
woods near. Briar’s
Branch. Their graphic
details ac well ac. the
Slave Ben executed Palmyra, MO (Marion County) Jan. 8, 1850
Hannibal Journal Nov. 8, 1849, p. 2 at col. 1.
A most brutal murder was committed on Wednesday last,
[October 31, 1849] near Philadelphia, in this county. The
particulars of the affair, which we gather from reports, are as
follows: Two children of Mr. Michael Bright, one a girl about 14
years of age, the other a boy about 10, left their father's
residence on Wednesday afternoon, for the purpose of gathering
nuts. Not returning at night, the family became alarmed, and
made diligent search all night for the lost children. The next
morning their lifeless bodies were found in the Fabies bottom,
about a mile from their father's house with their throats cut!
The bodies of the two children were very much mangled. Suspicion
immediately rest on a negro man belonging to a Mr. Glascock,
living in the same neighborhood, as the perpetrator of the dark
and infamous deed. From very strong circumstantial evidence, it
appears that the negro basely violated the person of the girl,
and then, to hide the atrocious crime, murdered the girl and her
brother. The negro has been arrested, and is now confined in the
Palmyra jail, to await trial, and we hope receive the punishment
so justly due the black hearted, infamous wretch.
(A note from Harriet Frazer, dated July 2h, 1990, states that
Mark Twain was a reporter for the HANNIBAL JOURNAL at this time.
BOOKS BY
DIXON WECTER
The Saga of American Society
Edmund Burke and His Kinsmen
The Hero in America
Our Soldiers Speak
(with William Matthews)
When Johnny Comes Marching Home
The Age of the Great Depression
Mark Twain to Mrs. Fairbanks
(editor)
The Love Letters of Mark Twain
(editor)
The cover drawing by Samuel Hanks Bryant
is transcribed from a drawing by Henry Lewis
which originally appeared as a lithograph in
Das Illustrierte Mississippithal, 1845-1847.
Sam Clemens
OF HANNIBAL
BY DIXON WECTER
SENTRY EDITION
1961
The Riverside Press Cambridge
HOUGHTON MIFFLIN COMPANY
BOSTON
LL MORAN S ene ce ene =
«33
OSQT-9-L ‘OW '°09 UoTusy ‘peduey ‘nag eAeTS
ONES i
Cotored a¢ Geosed.Cieny Matter ef Port Offies, Ot.
Lewla Me, Ueder Act of Coagreean Maren 2 1878.
ST. tat:
BUBL:
hiya AG
pyisy
i
:
th
‘ollows
idits Rob Eight of
99 in Rear Room
f Rumanian Church
etary of Loan Company
ad Seven Customers
Are Victims.
ee men, each armed with a re-
+, held up Ben J. Fadem, 1428
avenue, secretary of the Day-
fan and Finance Company,
sven cuatomers in a rear room
Congregation Ahabath Achim
Rumanian Church, 1385
ellow avenue, last night, and
sd with $493 In cash, $600 of
was lying on a table. The
ce was taken from the cus-
. a
em told police it was his cus-
2 use the room in the rear of
iurch to make collections. He
ed the bandits, all of whom
red to be foreigners, entered
zh a side door leading from
ine place, and forced him and
istomers to line up against the
Two Cover Group.
em told police two of the men
the group covered while the
man scooped the money from
ble and in turn searched each
* customers, Fadem reported
‘n addition to the $600 taken
the table the bandits alse took
om bis pockets.
customers who reported
are: Samuel E. Beilenson,
Page boulevard, $7; Morris
nan, 1228A Aubert avenue, $15;
rd Goldstein, 2631A Clara ave-
$5; Hyman Frelistein, 1407
a avenue, $28; Morris Green,
a @ee
Dantarntn §
Peaceful Revolution,
Writes President on
Genesis of New Deal
Roosevelt's New Book,
“On Our Way,” States
Administration Can Be Charged With
Neither Fascism Nor Communism.
By Associated Press.
NEW YORK, March 28 —In the
foreword of his forthcoming new
book, “On Our Way,” President
Roosevelt says if his adininistra-
tion “is a revolution, it Is a peace-
ful one, achieved without violence,
without the overthrow of the pur-
poses of established law and with-
out the denial of just treatment to
any Individual or class.”
The proofs of the foreword, giv-
en out tonight by the publishers,
the John Day Company, read:
“Some people have calied our
new policy ‘Fascism.’ It is not
Fascism because its Inspiration
springs from the mass of the peo-
ple themselves rather (han from a
class or a groupora marching ar-
my. Moreover, it is being achieved
without a change In fundamental
republican method. We have kept
the faith with, aod in, jour, tradi
tlonal polltical Institutions, —
“Some people have called ft
‘Communism’; tt Is not that either.
It ts not a’ driving regimentation
founded upon the plans of a per-
petueting directorate which subor-
dinates the making of laws and the
processes of the courts to the or-
dera of the executive. Neither
“If it {ts a revolution, {it fs a
peaceful one, achieved without vio-
BAL DENIED -
TO KIDNAPER
IDENTIFIED BY
DR. KELLEY
Attorney to Seek Su-
lence, without the overthrow of : a: 2
the purposes of established law preme Court Writ In
and without the dental of just e
treatment to any Individual or Effort to Gain Release
class.”
May Probe Wirt Statement.
By Associated Press.
WASHINGTON, March 28. —
Signs today pointed Stoward the
creation of a special House com-
mittee to hear the gharges by Dr,
Willlam A. Wirt, e Gary, Ind,
achool superintendent, that some
President Roosevelt's advisers
wanted to lead the govern
into communism, :
of Rosegrant Denied
Freedom.
‘EASE OUTLINED
(9 communism Vertes | BY PROSECUTOR
Bales Con
’ Re
morrow by the Hous
mittee at a special m
; Acting Chairm
‘(Dem.), New -York, :sa
Wirt got his Infurn s
jovial dinner party, 4{-~Urec he
thought sentiment fo on
sional inquiry predominkted-;
Rules Committee. ee
r rs fs
Generally, as the Rules, Com pale.
tee goes, so goes the ra
A new resolution was jac®daced
Jate In the day by
Sy -
restrict the proposed pet ry.Jatg!.
Sees ago |
Volfe: Reveals ‘ State
4 Will Attempt to Prove
Mrs. Muench and
Others Concocted Plot
q-* ©. : 8 1. Di iétecan
Desert Bicyclist in
Well Prison Many
Hours Is Rescued
Adventurer Returning to U.
S. Tells of Syrian Ex-
periences.
By Associated Press.
NEW YORK, March 28 — Ian
MacFarlane, student of internation-
al politics, whose adventures near-
ly ended in the bottom of an an-
clent well In the Syrian Desert, re-
turned today ono the Hiner Cham-
plain.
He ts a son of Willlam MacFar-
Jane, a Chevy Chase, Md, attorney,
and {is 32 years old.
Ian and his brother, Willlam, at-
tempted to cross the Syrian Des-
ert on bicycles in the course of a
12,000-mile study tour of Europe
and the Near East.
“When we were about halfway
across, a sandstorm came up and
we lost our way for forty-
eight hours and I was getting a lit-
tle delirious, when by accident we
came across some ancient water
pita. ;
“Bolng light-headed in my thirst,
I jumped down, one of the wells.
It was about 85 feet to the level of
the water, and it was stegnant wa-
ter at that. My brother lowered a
pouch on a string and got some wa-
ter. I trod water for an hour and
then gave myself up for lost and
shouted good-by to my _ brother.
When I thought I couldn't stay
afloat any longer I found a tiny
ledge that I could just get two fin-
gers on, and, by shifting hands, I
lasted for twenty-two hours.”
ae : EE: ons x
ee v8 : : ah
oe ghee CEC
Fr: > ¢ +e oe 33° 3 ®
5 >. : Ss
: ea
a, ely tabeba Biss
SAMUEL INSULL.
University City’s
Population 26,1845
Workers—1972 More !
Women Than Men. o
=
The feminine population of Unie
versity City outnumbers the mascu
line by 1972, according to a censu-
just completed by CWA worker.
j
‘
Nm
Censiis Completed by CWA +
was tying on a table. The
e was taken from the cus-
”
=
tion “is a revolution, it is a peace-
ful one, achieved without violence,
without the overthrow of the pur-
poses of established law and with-
out the denial of just treatment to
any Individual or class.”
The proofs of the foreword, giv-
en out tonight by the publishers,
the John Day Company, read:
“Some people have called our
new policy ‘Fascism.’ It is not
Fascism because its Inspiration
springs from the mass of the peo-
ple themselves rather than from a
class or a groupora marching ar-
‘aan scooped the money from) my, Moreover, it is being achieved
nle and in turn searched each heen a change In fundamental
L t
+m told police It wa: use
, use the room in th ‘of
urch to make collections. He
e4 the bandits, all of whom
ved to be foreigners, entered
-h a aide door leading from
ne place, and forced him and
stomers to line up against the
Two Coser Group.
m told police two of the men
ne group covered while the
customers, Fadem reported | republican method... We bave kept
Uae ene ee ants btme felt weiti and Baegtshenals
m bis pocaets ‘ poltfeal IneGtutions
customers . whe reported | “Some people have called it
are: Samuel E. Beilenson, ‘Communism’; it Is not that either.
Page boulevard, $7; Morris It is not a driving regimentation
-an, 1228A Aubert avenue, $15; founded upon the plans of a per-
‘4 Goldstein, 2631A Clara ave- petuating directorate which subor-
$5: Hyman Frelstela, 1407 dinates the making of laws and the
1, avenue, $28: Morris Green, | Processes of the courts to the or-
age boulevard, 31; Benjamin ders of the executive. Neither
docs it manifest itself in the total
Ison, T22A Westgate avenue,
-sity City, 9 centa, and Israel elimination of any class or in the
abolition of private property.
;
i
jthought sentiment fo
class.”
May Probe Wirt Statement.
By Associated Press.
WASHINGTON, March 28 —
Signs today pointed Stoward the
creation of a special House com-
mittee to hear the
Willlam A. Wirt
school superintendent, that some of
President Roosevelt's advisers
wanted to lead the govern
Ad
m
into communism, MURS 3)
The question will b¢Voted on to-F
Bi
morrow by the Hous ales Con
mittee at a special m
treatment to any ingivicuat or; PE YlOr
arges by Dr. |].
e Gary, Ind; |}
of segrant Denied
Fi --~om.
aR !
CASE OUTLINED
y BY PROSECUTOR
re acting | 6 hs tem apa R pep? y eg: i 2? : ee
Wirt Shiver alas Rat Wo! sl’ Reveals ‘ State
jovial dinner party,
, pee 2
sional Inquiry predominkted-. tae
Rules Committee. et
Generally, as the R Lx he
tee goes, so goes the ever At
A sew resolution was airs
restrict the proposed
a study of Wirt's
sen, 1628 Clara avenue, $5.
U.S. Secret Service
Leave In Auta
on Job
- completing the search of
cht men, the bandits Ned
y the same door throush
PI cay ears LL
fee. oot aaa) Ha
ee sees: é
. feom the room Faéem and
of the customers reported |
sey Beard an automobile.
.p asd pull away. {
men held up Werner's Phar- |
25) «Easton avenue, ast
and escaped with between $75:
they entered. Ag the bandits
ood :
a ad Me
are i ~F ies
viige yt Lage
*
zi . ¥4
ee ea ON agers nb
: 3 RS Bh Sh FA
3 Pe, Me: 3 aa
f tof
u) The robbers ordered a’ get aoe A ar reas
_er to the rear of the atore; & é by ae ee
Jack Tainhberg, 7%) Westgate Lo wd d Le ne ye
+ University City, manager: a . oa Me
drug atore, was compound- j
sreseription. One of the rod-}
ato was armed, covered the:
cer and the customer while:
ser looted the cash register.
-% Standish and his sister,
“itdred Standish, 5570 Cates
+ were walking In the 5600
* Cates Iast night when they
cid up by two men. Stand-
as robbed of his $49 watch
in cash, and Miss Standish ;
sed of her purse contain-
The men flied in an au-
06d 26 ona
reek.
‘e@
LAIR AND 27
OTHERS CLEARED
Firm Embezzlement! B5:
cs Dismissed by Ok-
lahoma Judge.”
soctated Press.
2a: OK, March 2&--Harry
-tair, of] magnate, and twen-
en former directors of the
cage Trust Company of Tulsa
cleared of all embezzlement
+c azuinst them here today.
Presidential Order Issued
Extending W. H. Moran's
Term Tsto Years.
— ——
By Associated Preas.
Hitler Ultima?
Peace Must Be |
Among Protesjants vo
by May rt _ 7
REE
By Assoclated Press. | pet
BERLIN, March 2 4-Chancellor |
4-~ Ura he |
Will Attempt to Prove
Mrs. Muench and
Others Concocted Plot
Snatch Physician.
Ball was denied to Angelo Rose-
Srant by Circult Judge McElhinney
in Clayton yesterday after Dr
Isaac D. Kelley, 32 Portland place,
identified Rosegrant and Felix MMc-
931, and held him elght days for
ransom. McDonald, a convict In
Jefferson City, was identified from
photograph.
Dr. Kelley at
application of. Rosegrant for
case on bail, also
rouse of John C. Johnson, Negro,
near St. Charles, as the place where
Hitler gave Relchsbighes [er ne was held by the kidnapers about
his evel
Mueller to understa
ning that by May 1 there must be
peace within the strife-wracked
Protestsnt church.
The Chancellor's
was much like an
made shortly after [the Bishop at
tempted, In a pastoral letter, to end
the months-long controversy over
leadership and teachings.
sa his Good Friday letter, Dr.
Mueller. asked members of his
church cabinet “as soon as possi-
ble to discusa with state and scc-
tional bishops whether and how far
suspended persons who are willing
to assist In reconstruction can
[the
iH
emand, which ~
itimatum, was,/'
again be restored to office.”
He added that every pastor he
fore reinstatement ™ vengres SB
keep out of church prolitics and
that In cases of men WO were r4
moved for reasons Qf, state—ang,
not church politics— st. “be'dea
with separately.” a
: wn 5, Mi Ue
Mueller explained AFerigth:-trtt
a general amnesty {iPr pastors re-
moved from thelr posts
men
wenty-four hours before being tak-
n into Illinois.
After bail was denicd. Thomas
owe, Jr. attorney for Rosegrant,
nnounced that with the comple-
on of the transcript of the hear-
ng, he would ask the Missouri Su-
preme Court for a writ of habeas
corpus for Rosegrant’s release.
Prosecution Outlined
At the opening of the hearing As-
sistant Prosecuting Attorney Wolfe
of St. Louis County outlined what
the state expects to prove against
the defendants in the Kelley kid-
naping case, including Birs. Nellie
Tipton Muench of St. Louls, who Is
{ree under a $3,000 bond. He
atressed the point that kidnaping
or ransom ts a capital offense.
Wolfe said the state would show
that Rosegrant, Mrs. Muench, Bart
Javit and Tommy Wilders, also in-
dicted but now A fugitive, met in
ecret at Adolph Fiedler's recrea-
ion parlor on the Olive Street road
and coccocted a pian to kidnap Dr.
“pggnush olitecetiey and that Mra. Muench de-
opposition to him bit 2 et! | im 4sed the lure which caused Dr.
sible because the su
“would Immediately
Nradt Wut als-
e adford liams “ WASHINGTON, March gn. — A
«et
fight.”
inapers called Mrs
Kelley to leave his home on a fake
| call, and that the kid-
vrofessiona
Muench on the
the hearing, on the:
re-!
identified the:
‘ lane, a Chevy Chase, Md., attorney, |
and {is 32 years old.
Jan and his brother, Willlam, at-
tempted to cross the Syrian Des-
ert on bicycles in the course of a
12,000-mile study tour of Europe
and the Near East.
“When we were about halfway
across, a sandstorm came up and
we lost our way for forty-
eight hours and I was getting a lit-
tle delirlous, when by accident we
came across some ancient water
pits. g
“Belng Hght-headed in my thirst,
I jumped down one of the wells.
It was about 85 feet to the level of
the water, and it was stegnant wa-
ter at that. My brother lowered a
pouch on a string and got some wa-
ter. I trod water for an hour and
then gave myself up for lost and
shouted good-by to my _ brother.
When I thought I couldn't stay
afloat any longen I found a tiny
ledge that I could just get two fin-
Kers on, and, by shifting hands, I
lasted for twenty-two hours.”
MacFarlane said a group of Be-
doulns, who took him to a place
where the government of Iraq was
sinking an artesian well. Airplanes
and automobiles were sent out to
search and finally the Bedoulns
found the well and rescued him.
‘MacFarlane's brother returned
last month.
TOWN MARSHAL SLAIN
BY TWO BANDITS
Campbell, Mo., Officer Shot
to Death by Pair He Sought
to Question.
By Associated Press.
CAMPBELL, MO., March 28.—
Night Marshal Clarence Green of
Campbell was shot to death late to-
night when he and two other offi-
cers sought to question two men
who had been reported acting sus-
pictously at a filling station on the
outskirts of town.
When Chief of Police Rodney
Brown, Constable Henry Weeks
and Green approached the filllng
station, the two men ran Into &
near-by woods. The officers had
pursued them for about 150 yards
when one of the men ducked be-
hind a tree and fired four shots at
Green from a shotgun. He was in-
stantly killed. Chief Brown and
Constable Weeks were not injured.
Chief Brown said the slayers ap-
parently made their way out of the
woods and back to the highway
after slaying Green. It was regard-
ed as a probability that they had
stopped a motorist and forced him
to give them a “lift.”
The slayers left a small Chevro-
let sedan at the filling station when
they fled. Officers declined to say
what atate license it carried. The
{ing station ts located at the tn-
tersection of state Righway 53 and
the St. Francis (Ark.) highway.
SAMUEL INSULL.,
University City's
Population 26,184
Catilit' Completed by CWA
Workers—1972 More
Women Than Men.
The feminine population of Uni-
versity City outnumbers the mascu-
ine by 1972, according to a census; ,
just completed by CWA workers.
The population of the city is given
as 26,184, a gain of only 375 since
the 1930 census.
Walter Helmbuecher, city engt-
neer, mado public a report of the
ae
census tabulations last night. The BY
census has been faken by ten wom-} JST.
en workers and has cost the CWA 29 «|
$2229. A transportation survey was
also made and the reaults of this sull. §
will be turned over to the St. Louis} in th:
Regional Planning Association for}! (10°,
use In the survey tt Js making. boa:
There are 6935 occupied homes fn gues!
University City, and 654 vacant tis.
homes. Estimating four persona to Th.
a home it was assumed the city traui|
could accommodate 2624 more pet-j)- 4).
sons without additional building. bide-i
Families owning their own homes jratica.
number 3170, while those who rent! (old:
are 3351. Homes with telephones chor
are 5188, while those without are C} z
1213. eas ore:
The population ts divided as fol-} were .
lows: Adults, 17,937; minors, 8247; | ities
males, 11,870; fe ales, 13,842; mar- x
ried, 12,624; widowed, 1278; di-| ©S**
vorced, 131; single (including chil- Tu:
dren), 11,463. taine:.
Thirteen of the Inhabitants can-| ,. Ver
not read or write, and seventeen Pes
cannot speak English. There are 179 | loweu
aliens. The employed number 9070 j of th.
and the unemployed 949. tbe st
ily f
800 CHINESE DROWN _|soure.
DURING COAST STORM Cal
LAE See: the \
Fishermen Lose:Lives When ;** .
300 Junks Are Sunk
in Squall.
By Associated Press.
SHANGHAI, March 29—(Thurs-
day)—Eight hundred fishermen
drowned, sald Chinese advices to-
day, when a storm off the Coast of
Kwangtung Province sank 300 fish-
ing junks.
A Chinese customs crufser hur-
Ma,
Jai
itled to the scene an
d picked up &
I looked through a rnucaber of additional papers trying to find
the report of his execution, but did not find it, However, m
elderly cousin of mine, who as a child played with Elliottts
deusghter, says Allbright was legally executed in the yard of
the Mississipoi County Courthouse,
Benj. Bird Moore
Curator
~
. {; } c, / "he phhite pa Ped.
p .5 4 hebreve Da hr 7 ea Cy WEI RTL LGV ECL, (9 ford #
“ /
gal executions in Macon County
before 1938, con County newspapers at the
time of George Anderson's trial
information, apers before 1910 are on micro-
film at the State Historical Soc
Mo. 65201,
MACON PUBLIC LIBRARY
ites Bie h6é SW 620
%X
ALLBRIGHT, James, white, hanged Charleston, Missouri, 7-9-1898,
"KILLED BY HIS TENANT, ALBRIGHT SLAIN AT THE SCENE OF A PREVIOUS
FAMILY TRAGEDY. - (Special Dispatch to the Globe-Democrat.) -
Charleston, Mo., October 11. - Joseph Albright, a prominent farmer
and stockraiser, was shot and killed at Bertrand, near here, this
afternoon by James Fabin, who rented his home from Albright. It is
claimed that Albright had threatened "abin's life, and had started
toward him with an open knife when Fabin shot him. Albright was
killed almost on the same spot where his sons, Joe and Jim, killed
their brother-in-law, Isaac Large, two years ago. The brothers were
gent to St. Louis for safekeeping where Joe died. Jim was after-
ward hanged for the murder of Prosecuting Attorney George %,
Elliott. Young Fabin surrendered to the Sheriff to-night."
GLOBE-DEMOCRAT, St. Louis, Mo., October 12, 1899.
rn en rt
ne ee ee
MA C On Co, (VY O a: Ver’, on]
21 August 1981
Our research into the history of capital punishment in our country is the
~first time that a serious effort has been made to chronicle all of the legal
executions to have occurred in the United States from the carliest Colonial
days down to and including the present. At this time, we have confirmed,
with various degrees of documentation, approximately 12,750 legal executions
and, in the not too distant future, we hope to have the manuscript for the
first volume, containing listings of the executions in the Southern States,
with certain background and data, as available, concerning those executed
and their crimes, ready for publication.
The appropriate state department or agency in your state has provided us with
a list of those executions which have occurred since 1938 , when the state
took over the function of executing condemned felons at the state prison.
Prior to that year, persons executed there were put to death locally, in the
county of their conviction, generally with the sheriff acting as executioner.
At this time, the following executions prior to 1938 have been confirmed
in Macon County: George Anderson, hangedat Macon on 8-21-1896,
If your organization has any record of any other legal executions (we are not .
interested in lynchings for the purpose of this work) that might have occurred
in your county prior to 1938 , we would certainly appreciate it if you would
provide us with the names, dates of executions and crimes. Additional information
such as the races of those executed, their ages, occupations and any other
pertinent data would also be appreciated.
‘We are enclosing a prepaid, addressed envelope for your convenience in replying
and you will, of course, be given credit in the work for your assistance.
~*~
If you cannot be of assistance to us, we would appreciate it if you could
provide us with the names and addresses of any local historians, officials )
or other organizations or individuals who might be of assistance. “y/
ae
Naturally, we hope to provide as complete, comprehensive and accurate a listing
as is possible. Even though crime and executions are a somewhat sordid part
of our history, they are, nonetheless, an ingredient, and we feel that as much
data as possible should be collected and preserved for the benefit of future
historians of the social structure of our society and country.
Thanking you for your cooperation and kindness, I am,
PS: ANY ADDITIONAL INFORMAYION THAT YOU MIGHT BE
ABLE TO PROVIDE CONCERNING MR, ANDERSON AND HIS Respectfully yours,
CRIME AS WELL AS ANY OLFHER MACON COUNTY EXCUTIONS
WOULD ALSO BE VERY HELPFUL AND GREATLY APIRECIATED, ta 77 -
THANK YOU AGAIN,
" Watt Espy
Capital Punishment Research Project
Law Library - Box 6205
University, AL 35486-
502 HISTORY OF WASHINGTON COUNTY.
road. Jamison, then a militiaman, was arrested, and, on being
arraigned for trial, was granted a change of venue to Iron
County, where he was acquitted. —
In June, 1866, John Northcut was indicted for the murder of
Mercer, at a point on Indian Creek about sixteen miles north
of Potosi. He was afterward tried and acquitted, his defense
being that the shootinzrof sMercer was accidental. It seems to
have occurred in a drunken row. On October 27, 1867, ‘Chomas
E. Wortham was indicted, for the murder of George W. Simms,
in Concord Township»gevi ortham was arrested and incarcerated
in the Iron County jail, from which he escaped, and has not been
re-arrested. At the April term, 186 James Quick was indicted
for the murder of George W. Higgii‘sotham. Quick was arrested
and arraigned for trial, and granted a change cf venue to
Jefferson County; and some time thereafter, Judge Lynch and
his disciples took him (Quick) from the Jefferson County jail
and hung him without the sanction of law. Higginbotham was sup-
posed to have had a considerable amount of money on hand at the
time, and he was killed in his own house by Quick who was seek-
ing the money. The latter had an accomplice, who assisted him
on the occasion, but this man escaped arrest. On November Tt,
1868, Jesse Glore was indicted for the murder of Frank Salt-
marsh. In April, 1869, he was tried and the jury disagreed,
He then entered a plea of « guilty of manslaughter in the third
degree,” whereupon he was sentenced to a term of three years in
the penitentiary.
The most extensive, most horrible and outrageous crime ever
committed in Washington County was the murder and burning’
of the Lapine family.* This family consisted of David Lapine
and Louisa, his wife, and their infant son, about eighteen months
of age, and Mary Christopher and her infant daughter, a baby,
and they lived in a log cabin about one mile northeast of Potosi.
The murderers were John Armstrong and Charles J olly, Jr., who
lived in the same neighborhood. On the evening of November
19, 1870, these men, being under the influence of liquor, took
with them a lad named Leon J olly, and went to the house occu- °
pied by the Lapine family, and there, according to tho evidence ce! 2
*The nanie was commonly called Lago,
Wibieliaas bude kesce,
iy ; ae Laz fll Y
oo OR AG ere.
Pptow
PtHtL2, AZ nestling Kr Pps
Des A+, Os
VIGi4AM
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STATE OF MISSOURI. 503
of young Leon Jolly, Charles Jolly, Jr., shot David Lapine
through a crack in the wall of the house, and then John Arm-
strong rushed into the house, with an ax in hand, and with it
severed the head of David Lapine from his body, then turned
and severed the heads of the two women from their bodies, and
then st4uck each of the infants on the head with the edge of the
ax. The terrible deed“ wag done! A family of five persons was
alain, and the heads:of three were severed from their bodies! Was
ever the demon of dest: 4ction more hellish? Not being satisfied
with their work, the fends then set fire to the house, thinking,
perhaps, that it might be made to appear that the family burned
to death. The house was consumby the fire, as was mostly the
bodies of the victims of the murderers. After committing the
terrible crime the murderers, with the boy, went on to town
where they got more whisky, and then returned to their homes.
They were soon suspected and arrested, and on the 24th of the
month they were given a preliminary examination before Squire
M. Malony, who committed them to the care of the sheriff to
await the action of the grand jury.
Accordingly, on the 13th of December, following, the grand
jury found a bill of indictment against them for the murder as
stated. On being arraigned for trial, and having no counsel,
Judge J. H. Vail, who was then presiding, appointed the Hon.
Joseph J. Brady as counsel for the defendants. The plea of not
guilty was then entered, and the issues joined for trial. Hon.
George D. Reynolds was then the circuit attorney, prosecuting
on behalf of the State. Armstrong and Jolly were tried for
the crime on the 21st of December, 1870, and were found
guilty. The next day they were sentenced to be hung until
dead, between the hours of 9 A. M. and 4 P. M., on the 27th
of January, 1871. A gallows was erected between the courthouse
and jail, in the town of Potosi, and on the appointed day, at about
1 o’clock P. M., John Armstrong and Charles Jolly, Jr., were
executed thereon, in accordance with the foregoing sentence.
There was a sleet upon the ground at the time, and the roads
were very bad, yet people came from a distance of forty miles
to witness the execution. ©
On the 20th of July, 1870, Hiram Talbott shot and killed
THE OZARKER, No. 66. Page 10.
HITTING THE TRAIL IN THE OZARKS
In May, 1905, interest in the new-fangled horseless
carriage took on a new angle in the Ozarks. The new
contraption was to be put to extended use. An automobile
route was proposed from Willow Springs to Rolla via
Clear Springs, Tyrone, Huston, Raymondvill,e Licking,
Beulah, Edgar Springs and Yancy Millis, an idea
conceived by W. N. Wicks and Dr. J. P. Williams of
Willow Springs. The line would carry passengers. mail
and freight, a daily round trip of 10 hours, guaranteed to
climb a 20 percent grade at a speed of 15 miles per hour.
The roads were not so nice and smooth in those days as
is evidenced by the story of a trial trip in the Houston
Herald of July 6, 1905, written by E. K. Lyles, editor. The
trip to Houston was made by Williams and Wicks,
accompanied by E. K. Lyles, Jack McCaskill and Charles
E. Peter. With the names twisted, the trip is described by
Mr. Lyles as follows.
AUTOING IN THE OZARKS
We speak from experience, for we have been on the
machine while it was in operation and have felt the thrill,
the exhilerating pulsations that those exciting and
interesting incidents and co-incidences attendant upon an
Ozark overland auto trip. By calling ourself we the writer
is supposed to be in disguise, and to keep our friends,
Motoring In Texas County
C. E. [Deacon] Elmore in ‘‘The Houston Herald’’
o’clock Wednesday afternoon and after a splendid run,
with stops at Cedar Springs, Tyrone and other points,
arrived here safely at 7 p.m. and was tied up for the night
while the party basked in the comforts of the Lynch
House. That night it rained. After tooting and buzzing
around our streets during the forenoon Thursday, we,
with the aforesaid Mack and Peter were inveigled into
making the trip to Licking, with the promise that we
would reach that village in two hours. A dream - which
turned out to be a nightmare about 11 o'clock that night -
when seven forlorn, hungry-eyed, mud-besplattered
tourists single-filed down the main muddy street of
Licking. Back to the start. The jolly crowd of autoists left
Houston about 12:30, with plenty expectations. At the
first hills across Brushy it was passengers out and walk,
and a mile out an hour’s stop was made while the
engineer oiled and cleaned the puffing end of the
machine. Then the thing went better until the muddy
lanes were reached and at the muddiest points she’d balk,
the wheels would spin around and kick backward like a
dog scratching gravel, but never budge an inch - then we,
Mack and Peter and the fat man, who tooted his little
brass horn just before we got to every house so the people
could see us go by, climbed out right where the mud was
the deepest, slickest and stickiest and heaved at the ga
middle of a hole of water, where mud was to the right of
us, mude to the left of us, mud in front and behind us, and
there she stopped and thundered. Well, we waded knee
deep, all but Mack, who had on a pair of nice new
low-quartered shoes and his new pair of socks, and he sat
on the fence and sang to encourage the rest, who pushed
and shoved and shoved and pushed but couldn't budge
the balky old machine. Judge Simmons’ blind mule and
gray horse were brought into requisition, and the mule,
not being able to see what kind of thing he was hitched to,
pulled it out; the gray horse looked so disgusted at the
crowd and the idea of the wagon trying to run through the
country without anything to pull it, that he refused to do
much pulling. To get even with Judge Simmons for
pulling us out of the mudhole, the crowd invited him to
accompany us on to Licking. He did, but he has regretted
it ever since. All aboard, and she puffed on again, the
crew unloading and pushing every hundred yards, with
mud up to our pants legs and soft muddy water oozing
between our toes. Dark reached uas at Oscar and the
pleasure increased accordingly until the climax was
reached two and a half miles this side of Licking, when
two wheels slid off over hub deep into a nice little damp,
slushy reservoir, and there we left her with every
assurance that no one would steal the thing before
morning. From there on to Licking the crowd enjoyed an
THE OZARKER, No. 66. Page 11.
ordinary country walk, with the stars shining overhead
and the mud and water slushing and sputtering
underfoot. Eleven o’clock and all is well. Licking is
reached and we could sit on the sidewalk and rest and
think of the loved ones at home and wonder what business
we had there anyway. No bed to be had and we accepted
the hospitality of the Shoemate Livery Barn and slept:
sweet dreams and fought fleas until the crack of dawn.
Autoing in the Ozarks - well, we have had the
experience, and don’t propose to give it away free of
charge. If any of you fellows want to know how it goes,
you will have to try it yourselves, or find out from Mack or
Peter. The machines will do their duty if given the right
kind of road to travel on and the promoters are to be
commended and encouraged for their enterprise, energy
and their nerve. The idea they have in view is to build a
graded hardbed private road. The automobile will then do
the work. As to the financial success of the enterprise,
that is beyond our figuring capacity. For trips from
Houston to Licking when roads are as muddy as they were
last Thursday we would not give ten cents for a barn full
of them. You might ask Mack or Peter and get their
views, for, of course, they may feel more high elated over
the trip even than we.
who accompanied us, from the glare of publicity, we will blasted thing until it started off again and then we would ,
designate one as Mack McJaskill, another as Peter
Charles, and then there was William Doctors, who is one
of the enterprising spirits behind the project and the
chauffeur, a large portly gentleman, who was an electric
light man and was making the trip through from Willow
Springs to Rolla for the pleasure there was in it. Very
likely the portly gentleman will not make a second trip,
his health having been so greatly benefited by the one
that he can now confine himself exciusively to the electric
light business. The automobile left Willow Springs at 2
chase after, grab hold and tumble in any way to get in
except right side up. Just this side of Raymondville the
chain broke, which called for a walk into town and the
help of blacksmith Mayfield. That fixed, we sailed
through town with heads up and the snorter puffing. A
mile beyond the town the chain broke again and the bunch
of automuddists-worked hard for an hour longer with a
rock and an old axe until the break was patched.
Along we went until Judge Simmons’ was passed,
when with a snort, a puff and a chug, the car landed in the
The Day The Auto Came To Redford
By B. Ferne Hunter
It was July 4, 1912, when the first automobile appeared
in Redford. The shady grove south of what was once Mrs.
Nancy Coil’s home was the scene of a Fourth of July
picnic. There were three or four concession stands where
lemonade, made in tubs, bananas, oranges, candy and
chewing gum were sold. Ice, brought from the railroad
station at Annapolis, and shipped there from Poplar Bluff,
held out only part of the day to keep the strawberry and
cream sodas cold.
A mule, belonging to Mart Brawley, furnished power
for a sort of merry-go-round called a swing. It was a circle
of seats turning on a center pivot, the mule being hitched
to a shaft connected with the outer part of the circle and
driven ‘round and ’round. Redford girls wearing hobble
skirts were lifted by their swains from a goods box on the
ground beneath the swing to a seat in it, the young men
then climbing in beside them.
Little girls wearing tasseled and buttoned high-topped
shoes and white embroidered dresses dickered with the
man at the novelty stand for gold-colored beads and
strands of painted shells, parting with five or ten cents for
a coveted strand.
The man at the wheel of fortune was challengingly
calling, ‘Round and ’round, she goes -- where she stops
nobody knows!’’ It cost ten cents to turn the wheel of
fortune. The number at which the wheel stopped told
one’s fortune as to whether he received a kewpie doll,
dressed in feathered costume, jack-knife, or what-not. In
going the rounds of the picnic attraction s, leaving the
wheel of fortune could be disappointing when our dimes
didn’t pay off.
Light-footed and merry was the dancing on the floor
thrown together of rough boards across two or three
heavy timbers. Four Redford belles were swung in and
out among four Redford beaus as the figure eight was
“‘cut.’” In keeping with the lively fiddle music, the caller
reveled, *‘Swing your partner, promenade eight, circulate
til you get straight.”’
Low rumbling and creaking sounds of wagons and
buggies in sinkin’ sands or on the dirt road, winding their
way to the scene of the merry-making, tempered the more
exciting sounds. Great boxes or tubs of fried chicken,
home-cured ham, homemade yeast bread, green apple
pie, wild blackberry jelly, fresh green beans and
homemade cakes and cookies were a part of each load.
Families who had not seen each other for a year spread
these feasts together and visited long after the meal.
Babies lay on pallets under shade trees in the afternoon
while the older women sat and visited as they watched
over the infants. Older men talked of their crops, of fishin’
in Sinkin’, and huddled to discuss the coming August
primary.
Time was long and leisurely spent at Redford in those
days. But in mid-afternoon came a sound penetrating
these hills -- a sound never before heard in them,
breaking their quietude and forever changing life at
Redford -- a Model T Ford. It was much more wonderful
to ride in that was a ride on Mart’s swing.
Five hundred people climbed on concession stands,
stumps, into wagons and trees to get a good view of the
thing as it chugged onto the grounds. Babies cried, older
children screamed, and old men were wonder-eyed at the
doings of the age.
Dr. T. T. O'Dell proudly stepped from his new 1908
Ford Model and introduced the automobile to Redford.
THE OZARKER, No. 66. Page 9.
The Baker Hanging
Recently, the U. S. Supreme Court declared that capital
punishment under some conditions was unconstitutional.
That has prompted many state legislatures to re-examine
their laws with a view to determining whether persons
convicted of certain specified crimes should be executed
by the state.
In Shannon County in 1899 a man named Oscar H.
Baker was hanged on the gallows of the jail yard in
Eminence. He had been convicted for the murder of his
wife, and his execution by hanging was the punishment
decrred by the court.
That was the first and the last legal hanging in Shannon
County.
A reporter for ‘‘The Current Wave’’ who witnessed the
event wrote in his account of the hanging that although
the execution was set for 12 o’clock, the prisoner made
frequent appeals to be hanged at once, saying he had
been punished enough by the terrible suspense.
Finally, at the appointed hour, the prisoner was led to
the stairway leading to the death trap.
‘‘The Current Wave’’ reported: ‘‘As the prisoner
reached the top of the scaffold, he gazed over the silent
crowd of 2,500 people in the courthouse square and
perched on neighboring houses and in trees, and
exclaimed, ‘H--l, look at the rubbernecks!’ Hurrying, if
not pulling, his guards, he advanced to the trap, and in a
Here is an old timer, ‘“The Hangman’s Song.’’ What
do you know about it ?
‘‘Hangman, Hangman, slack up your rope
O slack it for a while,
I looked over yonder and I see Paw coming
He’s walked for many a long mile.”
‘*‘Say, Paw, say Paw, have you brung me any gold,
Any gold for to pay my fine?”’
‘‘No sir, no sir, I’ve brung you no gold
No gold for to pay your fine
But I’ve just come for to see you hanged:
Hanged on the gallows line.”’
‘‘O you won’t love and it’s hard to be beloved
And it’s hard to make up your time,
You have broke the heart of many a true love,
True love, but you won’t break mine.”’
‘‘Hangman, Hangman, slack up your rope
O slack it for a while,
I looked over yonder and I see Maw coming
She’s walked for many a long mile.”
loud voice told the sheriff: ‘Let her go, G-d--n her! You
can’t bluff me!’ ”
‘When asked if he had anything to say, he again told
the sheriff to ‘Let her go,’ and remarked that he had
nothing against anyone present and demanded a drink of
whiskey, which was given him. He was then asked if he
wished a prayer uttered, but answered with a tirade of
blasphemy and blackguardism. which he ceased only
when he noticed there were ladies in the crowd.
‘Several times during his brief stand on the scaffold he
called for whiskey and commanded the sheriff to let the
drop fall.’’
At 12:14 Sheriff Deatherage placed the black cap over
the prisoner’s head, but at his request his cap was
removed so he could take a last drink. After he drained
the bottle, the cap was readjusted and the rope placed
around his neck. The newspaper account continues:
“At 12:15 ex-Sheriff Bay gave the signal, and Sheriff
Deatherage, pale but cool and collected, brought down
with terrific force the hatchet that severed the rope
supporting the trap doors and the burly form shot
downward. The body remained stationary a moment, then
slow ly turned to the right and the lifeless corpse faced
the dark and dreary cell from which it had so recently
emerged, a strong robust man.”’
‘The
Hangman’s
Song”’
‘‘Say Maw, say Maw, have you brung me any gold,
Any gold for to pay my fine?’’
‘‘No sir, no sir, I’ve brung you no gold
No gold for to pay your fine.
But I’ve come for to see you hanged;
Hanged on the gallows line.”’
‘‘O you won’t love and it’s hard to be beloved
And it’s hard to make up your time,
You have broke the heart of many a true love,
True love, but you won’t break mine.”’
‘‘Hangman, Hangman, slack up your rope
O slack it for a while,
I looked over yonder and I see my sweetheart coming
She’s walked for many a long mile.”’
‘‘Sweetheart, Sweetheart, have you brung me any gold,
Any gold for to pay my fine?”’
“Yes sir, yes sir, I’ve brought you some gold,
Some gold for to pay you fine,
For I’m just coine for to take you home,
From on the gallows line.”’
THE OZARKER, No. 66, Page 8.
HOW THE SAVAGE HOLLOW GOT ITS NAME
Alice Gordon Windecker
This story has its beginning back in the middle
of the seventeen hundreds - it is mysterious, but true. It
has been many years since it was told to me the first
time....though I have heard it many times since. The
beginning -- two teenage boys (stowaways) on a ship from
Ireland to the United States is what the story is about.
When the ship docked. the boys got off without money.
friends or relatives in a strange land. They could not
speak or understand a word of the English language. Not
knowing which way to turn or where to go, they were so
frightened they started running in different directions and
never met again: only to wander in this strange land
alone. No one saw either of them for some years later.
When some children near Irton. Missouri were playing
near the forest saw a nude man eating berries close by
where they were. They were frightened and ran home
telling their parents about this mysterious man they had
seen. Their parents. not thinking much of all the
excitement of the children. never gave it a second
thought. One day when some men were roaming through
the forest they saw this nude man wading in a spring
branch catching crawfish and eating them. One man
called to him. Then the man started running. The way the
men told this story. he could run as fast as a horse. He
jumped logs and brush and disappeared like a deer. The
men went home and got horses and their hounds and went
after him. After while the hounds found him and chased
him and bayed him in an old deserted springhouse. The
men caught him and tied him and locked him in a room.
He fought the men and dogs too. A family by the name of
Light cared for him in their home. It was some time before
he became reconciled. They said his beard was long and
covered his face. His hair was long and bushy and was
down below his shoulders. It was some time until he
learned to speak words that they could understand. He
ct hp tips A SEE hp he Se ip ihe Ge it OE he il ie GE ELE LDP GPE IE LP EBL DSPPPSD SSE SESE
never would tell them much about his home or how or
what caused him to leave Ireland. Folks thought all the
experiences he had encountered he had forgotten. Some
time later he married a Light girl and the Light family
moved from Ironton, Mo. and bought and cleared land
and farmed for several years; and later sold the farms to
Bob Epstein from St. Louis. My mother moved there with
her parents from Scotia, Mo. and lived there until she
married. The farm has sold and changed hands many
times since then. Since no one knew this mysterious
man’s name, he was named Bill Savage. He built a log
cabin and cleared some land in a hollow near and above
the Light farm and they raised a family. I never heard his
wife's name. At this time there are no signs of the cabin
only some sandstones scattered around where the
fireplace used to be.
Just below the place where the cabin was is a knollyand
on it is a deserted cemetery that is now in the forest. It’s
all covered with underbrush and trees. Some of the
inscriptions on the grave markers read ‘‘Light,”’
**Reese.”’ *"Nash; | **Hanning,”’ **Highley,”’
‘*Medley."’ - and lots of graves are marked only by
sandstones and some have been caved in.
Bill Savage worked for my grandfather some. Dad said
he used to ask him lots of questions but very few answers
were given. He was a stonemason and quickly learned a
trade of any kind. I was told.
I can remember passing by that cemetery when I was
coming from church at night. Sometimes we came that
way as it was a near way home. Many times we could hear
coyotes howling and night birds crying in the trees right
in or near the cemetery. We kids didn't slow down any ...
it was so terrifying and frightening! More so when an
owl gave out his blood-curdling hoot. 1 don’t know that
Bill Savage is buried there. But that hollow will carry the
name “‘Savage Hollow.”
icegieateeeseuscecu alll (ANOS. qVEl ages Oe
In the Ozarks, the women didn’t come before the men.
They followed. As the punster puts it, the women were all
after the men. Literally and realistically, the female of the
species is always in the background in the backhills. (She
follows her ‘‘lord of creation’’ like a faithful dog, satisfied
with the crumbs that fall from the table of his affection.)
She is not concerned about the rights of women: her
rights are outlined by tradition and she would not change
them. It is a folkway as old as the hills themselves.
Occasionally there is an exception to this rule and one of
the gentler sex sends tratition into a tailspin. Sally
Goodwin of Stonebuck Mountain was one of them.
Sally was a wildcat in petticoats; a windstorm of
emotion from the time she realized she was a woman. Her
pride and independence were a riddle to her kinfolks. She
loved with passion: she hated with fury. Her anger was a
storm that swept everything before it. No man could tame
Sally Goodwin with a ten foot pole and get by with it. As
an Ozarker she was as unorthodox in her behavior as a
moonshiner going to Sunday School. Imagine the surprise
in the neighborhood when Sally up and married Steve
Brogan, a man twenty years her senior and ugly as a mud
fence after a gulley washer.
Steve was a bachelor and as set in his ways as a jaybird
on Friday. All women were men’s province, so he
thought, and he planned a voyage on the sea of
matrimony that would be blissful and satisfying. He
would steer the ship while his helpmate scrubbed the
deck. It was a beautiful dream that trapped him
unawares. On the spur of the moment he asked Sally to
marry him and she accepted so quickly that he staggered
in his tracks. It looked like a fine start on the matrimonial
voyage and he patted his pride with benevolent egotism.
All the neighbors watched and waited to see how the
match would come out. Odds were three to one on an
explosion when the irresisible force met the immovable
object. But much to their surprise things movec* along
without incident for several weeks. From all appearances,
Sally was meek as a lamb at the slaughter and Steve was
highly pleased with his pretty young wife. Three months,
to the day, after they were married, the storm broke.
It started over a very trivial matter. They were eating
breakfast and Steve asked for a second cup of coffee. Sally
told him to get it himself. He rebelled and insisted that it
was her job, not his. She did not budge from her chair.
The man of the house demanded that he be waited on. His
lady of the bower sulked like a ‘possum. Then as sudden
as a flash of lightning she flew into action. Cups, saucers,
plates and what have you, pelted him like slugs from a
machine gun. When a bowl of red-eye gravy crowned his
unprotected head he put up the white flag. Bowed in
shame he picked up a milk bucket and started for the barn
lot, a sadder but wiser man. His humiliation was
complete, but Sally stood in the doorway as serene as a
preening peacock.
‘*Steve,’’ she said, ‘‘you milk my cow this morning, I'm
feeling indisposed.”’
| Wanna Go Back To The Good Old Days
I have lived in the heat and dirt and smoke of this
man-made town until I am ready to scream. I have heard
the braying of horns and jackass politicians until I want to
get back on the farm and hear the bray of a real
simon-pure jackass. The change would be sweet music to
my ears. Here the land is all kivered with bricks and
concrete, and the hearts of many of the people are hard
and flinty as the sidewalks.
Yes, I want to go to the country where the air is soft and
pure; where the neighbors will come in and *‘set up’ with
the sick and help dig a grave and shovel the dirt on their
departed friends, dropping a genuine tear of regret at
their passing; where they go to ‘*meetin’ ** and ‘‘pitch"
the ‘‘tunin’ fork,’’ and sing through their noses with the
fervor and spirit of the faithful. All church services were
held at ‘‘early candlelight’ if in the evening.
I want to trim lampwicks again, and fill the lamps with
oil, or ‘*ile’’, carried from a country store in a can with an
Irish ‘tater stuck in the spout. I want to eat food cooked on
the old “*step stove’’ -- the old iron witch stove -- sweet
‘taters baked in an oven on the “‘heath"’ over hickory and
red oak coals. I want to see a small boy swing the fly brush
to keep the pesky devils offen the table. And right here it
might be said that a family was rated according to the
kind of fly brush it had. The very poor used a limb cut
from a mulberry tree; the middle class had one cut out of
newspapers; the uppercrust rich had one made of a
pea-fowl’s tail; that family rated and rated high, brother.
I want to go back where all the common everyday
towels were made of salt sacks and where there was only
one ‘“‘store’’ towel which was put out only when the
preacher came. I want to see the man of the house take his
tableknife of chilled steel and whet it on his fork tines
before he carved the sow-belly that had been cooked with
the beans. Did you ever eat any lye hominy, or ‘‘shuck
beans?’’ If not, you have never really lived, you have
merely existed.
Let’s go into the big house and set by the fire and see
the old-fashioned dog irons and the wrought iron shovel
and tongs made in the country blacksmith shop. And did
you ever see your daddy heat the old shovel on a bitter
cold day, and hold it in front of the old Seth Thomas clock
to thaw out the frozen oil so the old timepiece.could go to
tickin’ off the hours? And do you remember the old
sunmark on the back doorsill when they had no clock?
There was no such thing as daylight saving time then;
they got up at three o’clock in the morning and went to
bed at seven, unless it was apple-butter makin’ time,
then they stayed up until eight.
But the ‘‘parlor’’ was the sacred place; there was where
all the sparkin’ was done; there was the bed the preacher
slept in; and what a bed. Two straw ticks, one big feather
bed with fat bolster and pillows. When the bed was not in
use, and that was seldom, the pillows were covered with
what was known as ‘‘shams’’ which had mottoes worked
on them. Iremember this one: ‘‘I slept and dreamed that
life was beauty; I woke and found that life was duty.”’
That was calculated to hold you for some time.
On the ‘‘center’’ table was the old family album with
plush backs. It held the pictures of the family dating back
to the Civil War, and, in some instances, the likeness of a
great uncle who fought with Scott in Mexico. Those in
civilian clothing always had one hand on their knee and
the other folded placidly over the stomach. I want to go
back to where all the shoe boxes were saved to make the
women’s hoops; remember them?
I want to go back and carry a few laplinks in my pocket
just in case the horse bust a trace chain; I want to see the
coon-hide hame-string once more and set the colter deep
by hiking the back-band up just behind the hoss’ withers.
I want to spend Christmas in the country and get off the
Christmas tree one stick of candy, one orange, and one
THE OZARKER, No. 66. Page 12.
by Eugene E. Patton
penny pencil. The rich ones gave their children a French
harp, and the night was filled with music, and the cares
that infested the day folded their tents like the Arabs and
as silently stole away.
I want to go back where they make sausage and souse
meat; where the pumpkin is sliced and hung on quiltin’
frames to dry. That was before germs, vitamins and
termites had been invented. I want to carry the old Barlow
knife once again and whittle red cedar and soft poplar. I
want to see the *‘yaller’’ thundermugs drying in the sun
back of the kitchen; I want to go back where only gramma
smoked; granny used a long-stemmed clay pipe which she
fired by dipping it into the ashes on the ‘‘heath,’’ and
tampering it down against the jamb of the chimney -
chimbley.
I want to go back where the geese are picked every
month; where the roosters are permitted to run with the
‘hens, openly and brazenly; where corn is planted and
soap 1s made by the signs of the moon; where walnuts and
hickory nuts are gathered in the fall for the winter mast;
where the boys still sell peach seed to buy their winter
boots; and where said boots are greased with sheep or
beef taller; where the peggin’ awl is still in use; where
Arbuckle’s coffee is parched in the stove and ground in a
mill hung on the wall of the kitchen; where pap ties the
brooms; where they make toy guns out of elders and shoot
tow wads in them; where they still order stickpins from J.
Lyn & Company; where squirrel hides are tanned for the
family supply of shoestrings. And did you ever color
Easter *‘aigs’’ with madder; did ye ever borrow the flutin’
irons ?
Yes, I want to go back to where they drink sassafrack
tea to “‘thin’’ their blood in the springtime; where they
churn with the old up-and-down churn; where they turn
- the cream jar around as it sits by the fire in the big house
so it will get in the right ‘*kelter’’ for churning; where
goosequill toothpicks are still in use; where they still
“battle’’ the clothes, and use bluin’; where they fill the
straw ticks right after thrashin’ time; and cord the beds
every month; where they wear long red-flannel drawers
and where the children wear bibs.
Yes, I want to go back to the country and get my fill of
cracklin’ bread; I want to see the old whatnot in the corner
of the big house; I want to engage in a spelling match in
Webster's old blue-back speller, the finest in the world:
and read from McGuffey’s Reader - none better; I want to
see the school children, one after another, raise their
hands and say: ‘‘Teacher, may I| go outdoors?"’ I want to
see the people eat again and shove it in with their knives:
I want to go to the neighbors to borrow the gimlet; I want
to go back to where they eat three meals a day: breakfast,
dinner and supper, and where the word ‘‘lunch”’ will neve
where the word ‘‘lunch’’ will never be heard again.
Yes, I want to go back and make another corn-shucker
out of locust; I want to strip some cane and top it; and dip
the skimmin’s offen the bilin’ molasses; I want to go to
the neighbor’s for a bushel of corn; to pull out the old
trundle bed and sleep the sleep of the just once more: I'd
like to call a few doodle bugs outen their holes, but I want
to avoid the Spanish needles, the cuckle burrs, the seed
ticks, the beggar lice and the chiggers that make life
unbearable; to avoid stone bruises forever.
Yes, I'd like to see the old side-saddle hangin’ on a peg
on the front porch covered by a sateen riding skirt; the
women did not ride astraddle then. I'd like to get a
sassafrack stick to stir the soap.
‘‘Backward, turn backward,
O time, in thy flight;
Make me a child again, just for tonight.”’
O Lord, let me go back once more to the land of simple
things.
296 ‘SUPREME COURT OF MISSOURI,
The State vy. Barton.
OCTOBER TERM, 1879. 297
The State v. Barton. \
Be vtich it will require evidence to change, aud does not state
© whether he is or is not: prejudiced or biased, could the court
hesitate to strike him from the panel? His statement that
P he is not biased or prejudiced is wholly immaterial under
~ the decision in the State v. Baldwin, supra. It is for the
dence to remove the impression of guilt which those facts" | court to declare, on the facts ascertained, whether he is
had made upon his mind, could it be said that such a juror Mime “biased or not.
was unbiased? — 4 q In the State v. Benton, 2 Dev. & Bat. 196, is a very able
The same learned judge also observed in that case: discussion of the subject by Gaston, J., without reference
“And we are certainly not prepared to say that an opinion® * to the statute prescribing a test,and the following remarks
formed upon the case or an essential part of the case, such | are so appropriate that I have thought proper to quote
as it wend Peqaire evidence to remove, would not disquale am them: “ We there see the opinion described as one formed
ify a juror.” If the juror does not believe the facts, and #™m and expressed, and without further explanation we must
yet has formed an opinion as to the guilt or innocence of 7 “understand it to have been fully formed and gravely ex-
the accused which it will require evidence to remove, he» _ pressed... The subsequent explanation is not inconsistent
has prejudice and is unfit for a juror, and his declaration - “with this understanding. It shows only that the jurymen
that he has no prejudice, 13 contradicted by the circum.” F ¢ challenged believed that this opinion, however fixed it
stance that, without knowing or believing any facts, ex- * might have been when declared, was not then so fixed as
cept the simple fact that a homicide was committed, he @™m to prevent them from finding a verdict according to evi-
has formed an opinion which it will require evidence to” . dence. This belief did not remove the exception. From
change. If, on the contrary, he believes the facts he has » a decided opinion declared, the law infers a bias, and the
heard, and upon these facts has formed an opinion that the ® F belief of the person so biased that he ean rise superior to
nocneatt is guilty which it will require evidence to remove, ™™m its influence does not repel the legalinference. _ Nor ought
‘he is biased and incompetent to sit as a juror in the case = - it; for it does not unfrequently bashes that those who are
Bias and prejudice are not synonymous terms. Web- 9 most confident in the ability of their understanding to tri-
ster defines these words as follows: “ Prejudice—to pre: a umph over this obstacle in the way of its free exercise, and
possess with unexamined opinions, or opinions formed “me of the ascertainment of truth, owe this confidence to their
without due knowledge of the facts and circumstances at- | 3 ignorance of the stubborness of prejudice, and may be the
tending the question; to bias the mind by hasty and incor- "least qualitied for the discharge of this, to all persons and
rect notions, and give it an unreasonable bent to one side @™ at all times, perilous undertaking. The distinction which
or other of a cause. Bias—a leaning of the mind; incli- @® we make is substantially the same with that taken in the
nation; prepossession; propensity toward an object, not’ ‘ — Commonwealth v. Ostrander, lately determined in the general
leaving the mind indifferent.” 4 court of Virginia, a case which has been referred to by the
If the opinion formed by the juror be such as to bias @@ counsel on both sides. It was there held that he who has
or prejudice his mind, he should not be sworn. That is MM formed and expressed a decided opinion as to the guilt of
clearly the meaning of the statute. Suppose he answers @® the prisoner is an incompetent juror, but he who has formed
that he has formed an opinion based upon rumor alone,’ ' a hypothetical opinion only, if he can decide upon the evi-
with property taken from the house, and if these facta
were true, he believed him guilty of burglary, that would 3
be a hypothetical opinion; but if he should also say that
he believed those facts, and upon them had formed an
opinion that he was guilty, or that it would require eviv%
Sisiindaretiniestediien bei er ar ntsc lai einige
ee
Paisano ii S'la > ae
290 -SUPREME COURT OF MISSOURI, — OCTOBER TERM, 1879. 291
The State v. Barton. The State vy. Barton.
forty, answered: “Ihave heard the case talked about a
good deal. I have read the publications in the St. Charles
papers with reference to the case, and from what I have
heard about the matter, I have formed and still retain an
opinion as‘to the guilt or innocence of the defendant. I
have not talked with any of the witnesses or any one who
‘pretended to know the facts in the case. I formed my
opinion from what I read in the newspapers and conversa-
tions I’ve had with others about the case. I can hear the
evidence and render a fair and impartial verdict in the case
regardless of such opinion. I have at this time no bias or
prejudice against the prisoner, from what I have read or
heard, which would prevent my giving him a fair and im-
partial trial after having heard the evidence.” Ile further
said that “It would take evidence to remove the opinion
thus formed.” A challenge of this juror for cause was dis-
allowed by the court.
To sustain the action of the court in disallowing the
challenge, Baldwin v. State, 12 Mo. 225; State v. Davis, 29
Mo. 397, and State rv. Rose, 82 Mo. 855, are relied upon.
When this question was under consideration before, in the
: State v. Core, 70 Mo. 491, the court supposed the question
_to have been settled by the State v. Rose, but on a critical
examination of that case, I am satisfied that so far from de-
7 termining the question now before us in favor of the State
‘Atis an authority to the contrary. Baldwin v. State entirely
fails to sustain the competency of the jurors in this case.
There the juror said: “That he saw statements in the
‘New Orleans public papers in regard to the transaction ;
hat from these he’ formed an opinion and believed that,
f the statements were true, he has an opinionas to defend-
ant’s guilt or innocence, but he had no prejudice or bias
‘against defendant; that his opinion is now unchanged, if
the facts are as stated; that he would be governed sole]
by the evidence ;
against the prisoner, and would be governed by the
testimony. One of the jurors further said that it would
take evidence to remove the opinion thus formed. The
court overruled the objections, and the defendant’s counsel
excepted. This point has been considered and decided at
the present term in the case of the State v. Core, 70 Mo. 491,
and the previous cases referred to and reviewed. I may
add that, in the State v. Davis, 29 Mo. 392, the precise «
words used by one of the jurors in this case, “ that it would -
require evidence to remove the opinions they had enter-;
tained,” were Also used by the jurors in that case, who:
-were pronounced by this court competent. We regard
‘these decisions as settling the law in this State.
The second ground upon which we are asked to reverse
the judgment is the refusal of the court, after conviction, »
». cman raw: tO sentence the defendant to imprisonment:
punishmentof in the county jail, it having been found by ©
sie the court that he was, at the time of commit-
ting the murder, under sixteen years old. The statute on
which this motion is founded is as follows: ‘“‘ Whenever
any person under the age of sixteen years shall be con-
victed of any felony, he shall be sentenced to imprisonment:
in a county jail, not exceeding one year, instead of impris-’
onment in the penitentiary, as prescribed by the preceding
provisions of this law.” This section seems capable of but.
one construction, and that is to require imprisonment in
county jail as a substitute for imprisonment in the peni-
tentiary, where such offenses as were punishable by im-
prisonment in the penitentiary have been committed by
youth under sixteen. A felony punishable by death is no
within the letter or meaning of thestatute. The judgment
must be affirmed. A majority of the court concur. Hg
and Hoven, JJ., dissent.
Hesry, J., Dissextixe.—The bill of exceptions shows
that on his examination on the voir dire touching his com
petency as a juror, George H. Snyder, one of the panels
vy
vo
4 that he had not conversed with wit-
nesses. He was held to be a competent juror, and the
eourt also said that it was not the province of the juror to
294 SUPREME COURT OF MISSOURI,
The State v. Barton.
has been substantially the same in all the revisions of the 4
statutes since 1835, provides that: “It shall be a good ~
cause of challenge to a juror that he has formed or deliv-
ered an opinion on the issue or any material fact to be |,
tried; but, if it appear that such opinion has been founded
only on rumor and newspaper reports, and not such as to $
prejudice or bias the mind of the juror, he may be sworn.” 4
The law allows the accused a given number of peremptory 4
challenges—challenges for whim or caprice—and if the e
. 1 ae
court retain incompetent jurors on the panel from which ©
the twelve are to be selected, the accused may be com-+%
pelled to’exhaust his peremptory challenges on those whom 4
the court should have excluded, and thus, in effect, be alto-: #
gether deprived of such challenges, and the doctrine of the 7
court'in the State v. Rose, in that particular, is unsound, as @
this court has heretofore held.
By the statute of 1825, (section 12, page 880, Revised.”
Statutes 1825,) it was provided that it should be “a good 7
cause of challenge to a juror that he had formed or deliv- a
ered an opinion in the cause or concerning the matter in A
controversy,” and thus the law stood until the revision of ~
1835, when it was amended by adding, “ but if it appear that 4
such opinion is founded only on rumor, and not such as to |
bias or prejudice the mind of the juror, he may be sworn,”! |
and such has substantially ever since been the law in this @
State. The statute recognizes that one may be incompe-' 4
tent as a juror, who has formed an opinion upon rumor or |
newspaper reports alone. It shall be cause of challenge 4
to a juror, as it was in 1825, that he has formed or deliv- |
ered an opinion on the issue, &c., whether such an opinion .
be formed from the knowledge of facts, or from having a
heard them from witnesses, or upon rumor, but in the lat-
ter case, if it appear that the opinion is not such as to 3
bias or prejudice the mind of the juror, he may be sworn, 4
It must affirmatively appear that it is not such as to preju- ’
dice or bias. ‘I'he first clause makes all who have formed |
«pinions incompetent, and the second clause is an excep-" |
OCTOBER TERM, 1879. 295
The State v. Barton.
3 tion, and the facts which bring the juror within the excep-
_ tion must affirmatively appear. Appear to whom? To
| the juror? Certainly not, but to the court. It was so
q held in the State v. Baldwin. The court there said it was
© not the province of the juror to pass upon his competency
: hut for the court to determine the question upon the fects.
et In that case the juror was held competent, but his an-
3 ‘swer was materially different from that of the jurors in
| this case. Ilis opinion was entizely hypothetical. It did
Y not indicate a belief that the facts were as heard, or show
} any impression upon the mind which it would require evi-
E dence to remove. But here the statement of the juror
was that, although his opinion was formed upon rumor
alone, the impression of the guilt or innocence of the ac-
F-eused was such as would remain until removed by evidence.
«Is there no difference between the state of that man’s mind
Z who answers that he has heard rumors, and, if the facts be
7 a8 he has heard them, he has an opinion formed, and of
the mind of him who says: I have heard the facts” friéen
4 rumors, and have formed an Opinion, and it will require
F evidence to change the impression made upon my mind ?
- When the juror answers that it will require evidence i.
_ change his impression or opinion, he cannot mean that on
‘the state of facts upon which his Opinion was tomed it
would require evidence to change this opinion, but evi
| dently that it would require evidence to establish a differ.
ent state of facts. To borrow an illustration from the
} opinion of Williams, J., in the State y, Potter, 18 Con :
6171: “A house is broken open in the night ecadhe a
plundered; the thief for a time is eekuows . ry
: : as when taken
Fand brought to trial, it could render a juror, + Scie juror
‘ 5)
_ that he had said and believed that a burglary had b
F committed in that house, if the facts were true,” and =
d may add, no evidence on earth would change his = ini a
‘that on those facts a burglary had been committed : If he
_had not only said that, but in addition, that he had h a
d that the accused was seen coming out of the house that pau
>
r
* no, meng wrsgee > eb Ca 88 WN prereds
Bic Se aaa cane ape pepe BENE Be) Po “
eR in:
the Te
ane aT IT nat ine ae
PEER TS Metre ete: em:
a ae BL
me
oy,
tn RE,
He € Mae
ee
—
292 SUPREME COURT OF MISSOURI, :
OCTOBER ‘TERM, 1879. 293
The State v. Barton.
pass upon his competency, but for the court to determine
upon the facts whether he was biased or prejudiced or not.
But the answer of the juror there and of the juror here is
totally different. In that case, the, opinion formed was
entirely hypothetical. It did not indicate a belief that the
facts were asheard. It does not show any impression upon
the mind which it would require evidence to remove. But
here, the statement of the juror shows that, although his
The State v. Barton.
expressed an opinion, that his opinion was formed on rumor
- but he did not think it would be in his way of givin the
“ accused a fair and Impartial trial according to the lew sid
evidence, regardless of the opinion he had formed; that he
had the same opinion still, and that it would take any ie
to remove it. The defendant moved the court to strike
his name from the panel, which the ccurt overruled. The
opinion was formed upon rumors alone, the impression of 4 -, name of the juror does not appear on the list of the panel
the guilt or innocence of the accused was such as would “am of those who tried the case, nor does it appear that a4 :
remain until removed by evidence. — challenged, either for cause’ or peremptorily, nor an dink
In the State v. Davis, all ‘that appears in the opinion _ = from which it can be inferred that the defendant sult vod
of the court on the subject is as follows: “ The objection sae. NY injury by his being retained on the list of thirt vei
to the competency of the jurors cannot be sustained. The | . 3 His — does not come within the exception of the Stee
jurors were examined on their voir dire, and stated that ae of the statute above quoted. It does not a oe afl eieaat
they had formed an opinion, but it was upon rumor, and 4 a tively that his opinion was not such as to eed
was not such as would bias or prejudice their minds. This
has long been the law of this State, and such jurors have
* mind, and in that does not fulfill the requirement of
e statute; but,as he was not on the jury which tried the
sai +
aaa
-e
_ *
invariably been held competent.” We have taken the me C28, and the defendant was not otherwise injured by tl
trouble, however, to examine the record in that case, and . @ action of the court in reference to him dees i ae
- it does not appear that the juror said it would require evi- “ge eason to reverse the judgment.” penn
dence to change the opinion he had formed ; and, although me The juror’s answer, but for that portion of it in whi
this was urged by the’counsel as rendering the juror incom- a he stated that it would take evidence to remove hi seh mon
petent, singularly enough, it was not noticed by the court a 3 did not render him incompetent, and it was evid : de aie
in its opinion. But, conceding that it is an authority in a q reference to the statement that it would take ae y with
support of the views entertained by a majority of this court, — _ ftemove his opinion, that the court remarked prone:
it is a solitary case in this State and opposed to the great > = does not come within the exception of the els its
weight of authority in the United States, as we shall en- ae statute above quoted. It does not appear fnaae i ae
deavor to show; and, although cited in argument in the . | his opinion was not such as to prejudice éé bins his : ne
State v. Rose, was disregarded. In the State v. Rose, the — 4 and in that does not fulfill the requirements of th 2 at art
court said: “The case of the juror ‘Turner comes fully 4 4 but, as he was not on the jury which tried the c: saad
within the exceptions in that section,” (section 14 of the a q defendant was not otherwise injured by the ae ~~ o
revision of 1855, page 1191, the same as section 1,897, Re- 4 F court in reference to him, there is in it at inperels seis
the judgment.”? In other words, he was an incompetent
juror, but he was not challenged for cause or spihisin cio ,
aah not of the twelve who composed the jury which
rie the case, and therefore defendant was not prejudice:l
Section 1,897 of the Revised Statutes of 1879, witch
vised Statutes 1879,) “and he was a competent juror, and
the court committed no error in refusing tostrike his name ©
from the list. When E. B. Davis, another of the panel of 3
thirty-six was examined, he stated that he had formed and |
ES eis
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_—
The Callaghan Mail
1821-1859
A ROOK FEATURING THE LIVES OF WILLIAM CALLAGHAN,
THE PIONEER, AND HIS SLAVE, ISAAC CRAWFORD
_— Copyright 1944
HAROLD H. HAINES
+ Hannibal, Missouri
*
rf
Ma fda
i
t
1
ry)
bang Ro fans gale ;
Pa met Migr ebvawre wb:
ef
fa
+
A
calbes baraeb tes
fii
ahd ek
eds dads
e
“the o:her a bor whout 10..
mast croel manace.
he first knocked the boy in the head with |
_ sure-of thei? silence.
_. Schneiter. (24 Ward, J.P. Aéni, 3:
W. Stavely, and O. G. Scrong. au!
Warl—A. Bo Webb, ‘A. G. Gencpiud:
G. Shui. * ° eee o
Pe ens ot Bane
Atrocious Murder aad Rapes |
~ Ove of the most horrible murders sn}
Veeaitish acta was committe.lin this coun-
ty a few doys rinve, that has ever come
within our knowledse. In erochy and
atrocity, it was a deed worthy only ofihe:
arch fiend himself. The beart sickens;
and the blood curtles in our veins atthe
“On -Tueslar last. Iwo
bare recital.
children of Mi. Micnart Ba:cut, tivias
about dauiles from Pulatelpbia, in this!
., eounly, Kentinto the woo.!s forthe pur-
pose uf sathcring nuts. © One was a girl’
about 15 sears of age, well crown, and!
Not retusa:
_ing at night, the father became alarmed, :
and went ovtto seek them. After look- ;
ing and calhag foe them some time in!
waiu, be proceeded to arouse the peizh-
bosheo ti. The search was continued eli;
_ wight, and c2xt morning they were found
- shout a mile frum home, inhumaoly:
and
FMurlered, with their throuts cut
maogled;
with a stone, and the girl's person borri- ;
bly violated,
ing in the neig ‘borhoo.!,
bacliaz
were fomnid.
who hal
Tack neat where
Ha was arrested, and cir
?
cumstantial, proof sufficient to convict’
him, was at ouce adduced. Elis cloihes
were found to be bloo.ty, and other marks .
were on his person, indicating his par
ticipation inthe most fleadish part of the
act. On the day of the murder, he wes
observa to ba gone much loner Riker a
load of rock than usual, and at leneth
returned without? tt. ,
‘
The same
so of having lost hi: kaile,
kaife was found near the fatal spot, cior-.
fied with blood.
li was a commana Bar-
love kaive, amd with chat insteament be t
lad cut and backed theie throats in a
lt is supposed that
a stone, and after acco nolishing his hell-
ish purpose upon the young creatare in?
his grasp, cutthe hiaats of both, to make.
He was st unce.
. a. © « i °
placed in jed, thoush ic was with great
_ difficulty the'crow.} was: ‘restrained from;
tearing him to. pieces.
Thies aly at deed bas caused a thrill of |
~ borror to san thronghour wh: se counly,
anu itis tg be hope. thet fall arb epectiy:
“justice will be greted out t the wretch. !
We Jeara th aporver os
ing to. Mi. Jay A. Lyell, ia the same,
Ireis sibarhoo.l, ies kince been implcatel,
but upon what: stoanis we here net a3-
certained..
gta, tu long.
‘
’ ar ae id
mene ane gurney ~ wwe
le, LAUCAKtM.
The bull of the now sisaabsat, jose
fnivhed, at the opper ferry tandinz, wl bj
bé soneted on Saterday nect, at BY Oo’
clock."
, Thirds che second s! eaxbaai boll Go-.
jabeed - here ibis season. The first was:
mat’ ‘ofthe weemer Hebert Campiell, jun:
“ * 2
the boy’s heud mashed ss it”
eee Sia the Whig” and" Repabycan,” is ev- ‘between the citizens of differént sec-
Si picion fell upon a ne-
"gto maa belongiitg"to Mr. Giascock, tiv-
been
the chilicen .
He compirinesd al-:
ee ae
pov b Bay, seb
. ON
is UPC .
; } © poet eniine. sey ‘aaa als £0 sage as | giss
ave hose low _— w
eto work wit rowithout itt voce called dala
SSP
hes we eo
‘therceeru ol hia Bee
si
and whicn ey nces*
Tes ; ' resolutions and ofa:
ue nm .: ae
emian responiled and certainly of ee
. 4
the enzine is of ao uses Tiris is the { yy present eiher|roted for the resolu. ‘ “character | of m2
- | Linrerr® sfirstcallon the citizens for: -. — on a : -
IONS, OC wete: ilepar, and the vote was a! thy mind, guides :
| private donations, and it ‘shoule be re-
, iene expres ibn of he peopleof this coua- go
alc io hy every purse. + ; pauls rrisces —— e bs
| tvs Fet thete areldien amongst us whey the pitcvcs; a7 Bae
it seems, arc: willing f fom some cause to made in bis) 2s: oe
curnals king in all Hiss a 3
parsed. fr:ends to sifsiain < 4
‘tunes. Those, t. Re
|
} one anes hi £ Maki
Mucn Timgs hate we propre: alate: }
i
i
on county, in pubiic mesting, tepudiated j imisrepre sett traihlin the pub:
Beotoa'’s Free Soil doctrines--once at.
Labis: place, ao-Fthree times at the county ;* bis meeting, a neering of citizens cone: bi e
° ° . ae
hseat. Yet Whiz papers uot the corres- vend by Col. Berjton to heer bisdelence: 's Dictir, Sey
j W h will be at no Jess
pondents of Whi3 papers have the men- te trom wikch Ube v
tacity to assert that at Patmyra the oth : ed “Meck.” base
verday, his fcieats ani aioe were : mously passel, ir
perfiuous act toa “
lb this had close of Mr. Bepiton’s tbe ‘yy, because the
same cot nee tojwhich kis speech Wes strong to produce
‘of ibe country, ‘The resoluuons
of his appeal, arejas follows, onJ it wal
‘that they were unani-
few minates after the
be bourne tn ani ail
tay out eq: asfly divilel.” speech by
‘been so, can it ba supposed that the +!
| i¢eads of Benton woat- hare silemly | 24dcesse ts ; ‘mistake of its au
-. ft . ve -—- ry ' ee sigh a
nuitted Fesolutioas to pasd vader hits | ROSORUs IONS jthergh the biz
very nose denouncir.g: him? Thot ani Passel ot Palmyrs, on the occasion of ;foraze, when I os
to that place, ow Sat. of his proiide
‘ overwhelming majouty of tho Democrats |“
rreia and a pulfe
‘ oresent ai Benton’s speech were against i R t Theda] tu t strenath to cheek i
esorve ferritor id : : =3
jhim is’ a fact that wasas sal ehegs “asthe! , et ey ee ee ae ie v has b.famee
C the i United States, arefithe commen proper (UE BCrer bas bum
‘shining uf tbe sun at noon ay. ny ofthe Crion} and that Congress ‘where fancy aod Bo
Tue design of such miasepresecta- ishould pass po laly which is- calcuiated stituted the gual,
‘vions is to decetse Denrmocrats absoatl, ; \0- favoc the interfst of one partion ol _ well assured that =
> ‘. ~ )
and keep up-the division in our ranksy' the cenieleracy npc en anmihee. “inge of West Ei Bae
» , Regotveds) Mi: neipie invol-'
by inducing the belief that Benton is: F 4 the principle | jlaurels which his Boe
ved in the Wil not Proviso i * wrong ‘in, ;
23,even iu the a Been
Their concerted appearance ritself, hecause itttends te diveriminaie
“Mek..* to Le ube
‘propnite the aufy
‘romance which
n bys \«“ me
‘
'
Mr. Benton’: 5 visi
urday ihe 26h ‘of|Ovtober, 149° -
cia: ~*, S
: sustained.
‘Uoas of the Uniow.
Resolved, Thay Congress whould Noi.
, inter! fere with ithe Que ston of slavery in the Repuvlican,
and shows that bis sickening Battery of: AP eres ; ie
‘ ithe territories of |Cauturnia ani New thateven inthe.
a thou? __ : ; i
the Whigs was not withoui its effect.) Mexico, by the pds-aze of any law up-icorrences, the sw E
lt was an “) tickle vou aad you tickle on thaysubject; ligt leave that WIZIEC Lecumes so irresis gs be
nience’ that it was done by coilusiun,
perhaps‘at a. hint from Benton himsell,
them ans to the exclusive Juriscictiun of tie it the most strenuc® a
habitants chereo!.| fr
Resolved, Tht the Lezistatare
ion fur bis benefit, and for his ase whehy Misseuri atits bite #: sssiom, acted in ne
he assumes hig seat in Conzress to vi0-
ja
me” game. Hie sut tsouped
that trope acd Be.
St
they Were to misrepresent public opin-
“astural diatcet, [ig
corlance with vhs slop: nions of the peo; sabe
te the instructions that have deen given of tins Scateswhern Uiarbody instruc t
our Senators and requested out repress character Uo Bae
sentativesin Consress to Wwote agacas Sirus. bot history” ee
gle Wilmot Prokiao and atl hin ited. 2
J prensures, ant to : ce tuthe weil le ;
We are competed, for want of men,. fs cal iaws bears a se
to emit the !
. aedan:l generactp approved Missuvun
article of onrcarresconte ‘y rt the parent. a9, tru
“Ob sery er,
trum choice, and =
narrative of feels =
Aun, and to tramps upad the \ Wishes Gi.
she people of “Missourt.
es ee +
As the child unde Boe
a.
re Ci
im tone 2c Is wey oda ts sbhirkin st so
p { te rik fury coup taal wrth t the J
in which be shows un, in en froments fur our Aewiy acquired tecritos! ee
4 ithe Doctor is wore ix
“bis
S paints sn. nein a:
essive aod charscterisie conversa- Tics.
“thet bargain Detween Oil: Bullion SY: Resulve !, Thay Mr. Benton's refuast
Pahivea. be: to vier said iuscurtions, agl ins ‘tape |
oes “peat chere’rom is {a paipable contra.tic: ther lia convers ae
tian of bis former Prvivssions - bespeciing -Doucter, an ultra ‘e
thei: shit of insirusaan, a ir Darture Teavenn’ unt awuised Feve 6s
-anuid am! univerdaly recognize bOC> Fy worthy to stand « aa
trine of ihe demotratic: parya-=8 Weas taster he hea sed pa
coacluds fine di 1 @ oe contrivangé . intentled to deceive and ‘denvunced in the .
acluding part ¢ tne dialogue, as Tole’ ot mistead the unwary, a. “Gneeiel envunced in
Tow ac ; . . . I wvitin eur uNnconEit ual cedsare 20.1 cole :
; “Col, (said Naimy. Jala s vou think the demnacon. |
Senate wili tejectmef? No, by Gai,”! Resolved, That [he sian: teva promal ,
j replied Old Vullion, vf itl have vour fated egainst our Le cislaiure, and thei loginay; and to 3
Pnenninaion conirmed. a wilh teak Hale, vuly sat aduse haapat ‘upon puldie men. drat un the iges! :
; Chase, Davis and Uptonyou arg for me, 2nd privase citizens jot ts State by Me. ‘prahtie imarzinath B 4
‘andl ther, knowing who bam, will ze faz. Reniop ia his preg we incendiary caa- | oraterial to uper: Bae
ryou. There THO danger, Judze, “Gout Vass, ate dist redsiadiea to the wuole pene j
de alarmed.” ple of Missouri? fieep disgrace to ihe:
Such bein ed quid pro qNo ‘Tor one pesilioa be cccupi > and sabjevt ham, AN
: ~ ov har niorited decistoa aad scora of ai, Ws fate the supe:
Ine wv follower, We precesiaps 10 know ‘Solotabie mn. hate. Oia trut! ae
what was paul for some other prosely tes; Resvivel, That te divsolve all patite :thy of such a scr\g
from the. Whig fgnils? .- vical ronnecyan: with Thomas Li. ade cette masicr tise
yton, ant herdbyyproglaia to Ue world, ccasteehen. |
The St. Louis Uaiou, 8 paper shal SUP that we regal hi 2 polivical traitor, | - That the root
ports Benton, and therelore good nuihos-. rowdy of the col fidence of aay Pali the world,
. aamts a aidiles pete
imposing gyernun Be
new master Geliyc Pe
jn the identteati e d
‘the ae Ratve? of Lands ot
‘ chich the latter becomes @ Benton nan.
to secure the support of the former when
his nomination 2ues before the Senate.—
We cannot, however, forezo giving the.
tive terms uf whi
, caluiery is susce; BS
° taunls with fuls: Be
comme ndabic voc nA
volupteer defende + Zi
ee te
ily against him, com tains of being slight:
oe ey oe ee Teictual, That the. en. David Iu:
ed; says th Repatlicns ishis orgar in’
- oF 7 rAtthizon iva fwubij) aad trustirorhy
‘shat.chy, and thut il receives accounts cf, hic servant, etl {pis constant, oni. | ie
hrs progress xxdcr JTank from Benton’ form and Meaty Jevobon to the caus ol. cite Httie surpei< GZ
| himself? ‘This-is -s | fecious piece of: popwlar cizita, prompt gbelicace to the { plaiat, becaase
uews, indcek, angl shows the tra:h of: requisitions, of hia conpuiuenty aatl U0- j sentiment betwce
‘ylohling supper of alburouckguc meas~ the Doctor’ sxe
what %4 chargedtt some time ego, that ,urer, excie.our actealy aianraunn, t or. Hulse thato t
Benton had seristen ar dittated the high-! [owe lapauage to hen + pall dane. good ;Po" he exnec’ if ua
4
,
oS
cd
j = an
RE wpe ay
aR ao oe, a
hey
AMP a bogeere
ka |
i
aA
aA
Me
350
5 GACH
bey gee
a49
pt
oe
sort
ay
°%
- *
)
Ve.
ies
say
/ Tha g detailed aon! fexsion of the nesio 4.
—- hy hank: Glaes 2nzozem
$i. The. work wilt eta
sad hig. Viisinons “ansactions and - adi
. Pasion ia a suicanty mk fs no hum)
‘ny “7...
| bag, oo 5 & ¥
ds ihe- ‘Lacy Bartram: ont
~ FPS | We dave examined the Hobbi caf
> Be haaj fuvented, and cag. : cheerfully re-
commend them as well sdopted to the
Peepers designed, ree gc |
1
FIRE 5
= On Tuesday forenoon » fire broke ¢ out 3
. BMong the meat in the Smoke House ate.
~ tached to the large P
|
+ ment of: iioran Sava & Moss, of this!
loasi ix estimated at $8,000> Part Off
‘the meal belonged to Mr, G. R. Green.) 0
a Was partially cavered by j insurance,
"The fire took place among: the meat, |
| which Was then undergoing:
of smoking, On-the first discov ery, the} &
. doors were keat closed, and water Jet in: a.
- droax the. top. of: the- building, By thisg =
‘mesns the fames were suppressed, and ]
prevented from ; communi 'cating with the
‘building, Otherwise a most. deatractives
conisyration wonld have ensued, Tog ss Lata ae te
Rig ‘*Gersetic and sficient efforts ofthed ieee ee
“ biderty sre Company" was this forty 4
nate j Issue owing, They were Prompil;
upon the stourd, and. their En
aay weil, as indeed jt hag Delore on:z-
rseent trial ocession. :
| Aa the season
the provess |
= ke ils so ,
hand, When: ‘he spread of Sce iz very dan. ca
S8f909, Our citizens should keep a alrict 4
Sard AR premmison
‘ ror) Pemaeanereean ee a
j
|
:
ry
4 Yet
of hiek Finds is now aig a
a3
3
3
s
3
Cealession ef Ran, 3
3
S3ay whe "es aung at P,
weeks ago, wil} appear in pampble: ; er
& om ia the course ef nest week. The de. 23.
bee our fault, 7
8a, when ihe manaserpt Was received, :
enisen bead which 3
COmpulied to fyb. 4
brace an accouni
ai ihe. -Munder, tha “tiat and tha. {esti
zacar, Rea’s azn zonfession of the I
Bee iewhican be dig tbe- airocions: deg)
re ware. Revessarity:
. rntures irough ile. The ; seapectabil!
ity. of” ahe genlemen Whe heank the con.
a
paekele aa¥4 once mora sudscribed thst. j is necessaiy, under ths —
BS 4 ihe $23300,— charter t, ‘to’ ‘commen:s the works ‘an.
tie Tete X Ricrieg cune: Gn On Sada}, with a continuation of the zeal that ha:
wens oye Se cee manitogied: ‘Winen te. 25, ey ee . -
Path have Sie ne (a ;
|
|
|
i
|
|
|
ce ee en RE A LE
THE CALLAGHAN MAIL
There was no fuel problem as wood was plentiful and was used to cook
and heat with.
On October 30, 1849, William and Isaac were doing some stone-
work for Thomas Glascock. Glascock’s. slave, called, Ben, was helping
Isaac haul the rock to William from a nearby quarry. Both had
seperate teams and wagons. On one such trip, Ben returned over an
hour late, with his load of rock and appeared nervous and said he was
sick. He was allowed to quit work for the rest of the day 80 he put
his team away. The next day the two Bright children were found
murdered. Their names were Susannah, a girl of twelve years, and her
brother, Thomas, ten years of age. They were the children of Mr.
and Mrs. Michael Bright, a farmer living nearby.
The children had gone into the woods on a horse to gather nuts
and were killed by the negro slave, Ben, near a ereek or branch. The
girl had been violated and killed with a knife and the boy had been
stoned to death. Their bodies had been found the next day near the
tied horse, after an all night search by the parents and neighbors. A
bloody knife found near the body of the girl was identified as belonging
to Ben. Ben said the blood on his clothes was caused by a nose
bleed. He was taken and placed in the county jail at Palmyra, Missouri
and was well guarded as many of the citizens were so incensed that
they wanted to take Ben from the officers and burn him to death. The
officers came to the Callaghan house and told William that they must
take Isaac and put him in jail also. William told the officers, “You can
take Isaac if you want to, but I know Isaac never killed the Bright
Children. I have had Isaac since he was a little boy. I know his habits
and trust him. He always minded me and you will find out that Isaac
never had anything to do with it.’ Isaac told the officers he was inno-
cent and would gladly go with them. Before being led away Isaac said
to his master, “Uncle Billy do all you can for me,” and William re-
plied to him, “Don’t worry Isaac you are not quilty of the crime
and I mean to get you out of it.’ Isaac was placed in the county
jail at Palmyra but was released in a short time as Will‘am came
with witnesses and friends who swore to Isaac’s good character and
the proof of Isaac being on time with each load of rock he hauled the
day of the crime, proved that he could not have committed the deed and
the honest and straightforward answers Isaac gave to every questicn
fired at him by the officers.
William and Isaac arrived home on horseback. The children
and neighbors were glud to see Isaac back again, as the big negro was
trusted and liked by everyone who knew he had been arrested simply
because he happened to be working with Ben on the day of the crime.
Ben, the slave, said the law would not hang him because he was
worth a thousand dollars and said he was not quilty. The case was
¥ a : . saa
COTA eee WRAL OED Tat Td) ATW Wat | amet hha <0 Mi NS a Al eee ek aan Sian ede od ree
‘ went by the name of Cal!
- Brother William,
THE CALLAGHAN MAIL 43
tried
pie na ieee ae December 4, 1849 and sentenced to be hanged
it being the first legal execution in. Macien coun Miners oat
arion, county, Mi i
earns were inti north of Palmyra and Ben wae sxsoatall iyalore
eke te e. ie hanging ‘was carried out by sheriff Barney
ae a yen eo esse _his horrible deed to a clergyman before the
hoa put over his head and before all of the people he ack
4 e Justice of his sentence. His coffin was on a ofairon, easily:
The above crime w ; :
| farm, as committed a short distance from the Callaghan
I
Moston Chick ris Shelby County was organized out of wester
ecolpt estes: Puts of this land belonging to William. An old tax
tn full of kate. ecv'd Sept 7th 1852 of Wm, Callaghan sixty five cents
tok’ ba eel need & road x ar boe 40 acres NE,. SE, qr. Sec-
O , = - H. Edmonds Col. She
me the Pack nd euch tax receipt William wrote “tax receipt ty ta
dollars and aa er tax receipt: Received of (William Callahan six
year 1860 assessed | amount of the state and county tax for the
Marion a a to him, slaves and other personal property, all i
M. Coo The boys ie el the 22, A. D. 1861, B, B King, Col.
- Co. e above receipt shows William had $20 eee of ae i
Marion County. The word
. slaves sh
the only slave William had at icrariany have been slave as Isaac was
The following is a letter, written in the
. ear
at aa hes his brother, William Callaghan, The pines i : sect
es ca a 12% inches by 8 inches. When folded into envelo ,
Serge ieee » 18 4 3/16 inches by 2% inches and sealed in the b ok
sealing wax. The rounded seal was %4 inches in diameter ae
return address is Scott Mills, Arkansas, Sept. 7th, Where a st
. e amp
gh
: Cc,
writ postage charge a
illiam Callahan, Esqr. Philadelphia, Marion, Cty Misscerh ei
: . ig
ah
the letter begins: an and addressed his people by that name.
Sept. Srd, 1858
; ’
come i + yours of the 10th July relative to Robert, he has nev |
noneesat him sa. Palit to hear that ‘he is of the character you
e. I will state the course that m
has concluded to pursue if he should come among fl that aie he
; e
h
pout ee the property with him that you named, to arrest it from
nd to compel him to leave the co
untry forthwith. I am a
setler here and should dislike to have a relatives apprehended , “
8 a
pe ote
p
AS i gr BEM ET
‘i URES ys DME, aus
’ nerd Fi
a
ser tii tk — a "eer
— switir ts
heysion Players 30
“His. Last. Laugh”
game Triangte plays
Twa hall in Hell,” che original film, and fips
BY raves Colored Minietoss ee &: E bath j |
the arise Dav With |
“the Black | Preshtrn : Pad
+ * ’ et | j i q
m eaave MS ee
‘se i | {
eg Rev. yak i |
“es Web, ‘gh : ? hi 7 ; : ’
AtWist “pa crag | | t 7 i
-- few [hie ous PG | ire ye? | | 4
tie | Wart m * etnely sui poncigy Cp? I | i | :
et Bible and, praginy » with The cones If . |
“g| mien, who are die Mrjday epeain ae F
Se sat P sen crise tos ‘Kio {Hlje [? ! i |
ait Land: aden Hayy ail cgaeit pee! | ; | .
we} yoare. intense fae ja apt aie te ea
he | The? —gceeatay REP NTE ahs uti bea | ae I
of aghoipens of thy coche restr He i
cht [says thie “nee tad bees eer py Gah scy Hh 4) | 2B we
fond eee ak 16 She piiaabes = aefs ieee | ea i | int e: :f
er prey | | '
the " Evervinnye: ie i waders: Atl ihe Bae dt ene :
wen] ees abion s Sheek: Tap: tina Lee i ‘ { i
wat [nee bee Had abcaim Sta Shari: Rone es de i
wi Lol DR Lowe oapahy: 09 | i
[uith, Wik Sepe. tad, trans 28 NN i pee eh
a Bc memes. i |
v Tbe exer yuien 2: site er ee aay i | ; |
yes ane Ta, whalers wae: ae [| a
“daetars.
‘ | : :
ip ed |
| 3 Y Mh j i
s & 4k ne
| 4 ar } i
% { ‘i nae: q
t | ; Hg ate t
H + i ' 4 ‘ :
| ' bh ;
; | <4 jar YY { i
| | aa
\
| Bee i F
‘ba
} ’ {
vi Mi pay : iy i 1
lil
en
- ee 4
girs
. ANALTY BUOYED UP BY -
a nee nmet g
2 ~ RELIGIOUS ‘EXCITE
“Taken To St. Louis. Apne
ake aaa i
i“ : ? crore emerson rhe an £
N. ude; of the Serond Atewet
'Hagviet, ae
+ - Constable y oaten | #1 aie
“gE Spat Ane sel
exchanve positions with the man @
rf io | Pheustrodt. “1 aim closer th the Lead’, ;
Bo 33 Tae ank then the younger bother” ‘poke —
Pie rh Ne inp tuawitia, “7 APO beter,
. Thevee oo the cleat. able teenth
rs Hicebssgms pote me vor
derf, dohit-- Sehaiients AL
Menavnitior and Fred Sahin a: |
ie uty Hen Muonndmeta, Sao
5 ete adh
hib5 ae
they and. tho preactors spat their
time prasing and singlrug hysaMe He
says whoo the vadl came fe oe
Team |
> with fy aiore eupeern thaa. if the wate I
rags walking up te the bag ¥. Atak .
4 heey’. ane ate y
. sg Both twer od
oti satel tte ane ie =
they refund te ake s dro at eet fl
2 Th ays mottos i pit |
amoked” a i capuretion
early part of
enft it. T. 2 tees
Shoriff Philip Rupp. theritt 5 bo Gr among thoes |
or . von were
seu in eniig uncsuecae = nt. About Murky people from. Bt.
i the sound of reli hots Pe Unartee rg Say pbb bed rpm ef
oe vi 4 wl >
4 of tke. ‘al, ‘Anleo fs Hg» ee a buna sunious jou onlookers ‘Toon’ |
eundemnel Ee dane pation ezound 6 ja, aungng ther + number
Dare Laub and Jeho air, ne :
e extreme penalty & ¢ their crime The “paly disruptore re of the wale
& aod 4 Webel Prijay affair was. wheq Sheriff . H
oov pas
» he oldest tins two went Was ae.
¥ weaffold fir. At on vetuote to wave > the
‘Phitip Rupp came ta the Core :
id the equdanaed Oem, $9 pe
themuel\es, reuding ts then the « \
day respite granted by Sher Vic
, and the rest: vou knew, vO dict
6 edt’, they both aasw
~ tajuutes later Harry Lo
the scaffold, Sheriffs Rup
and 4 Pepatios " Ollendorft, Sasha
eer eeetetty
stg tie strap to his wrists
Bude adjusted the noOpe
Nondorff drew down the black
over hia face, ! wOcUAp
he intimated that he wanted
@ statement, Ollondort! with:
the. cap and the cv
d: “I am guing to heaven to
ith Jesus. f pray that all within) M
und of my voice may ¥ at 1 mel
“a Tew “weit Tat
road justert, an wwe
eand at do26 the trap 0 as ay Balam
ff Hupp. Phe man was’
tly. He did not move @ ihusele.
1 oniinutes later the attunding
ictans, &..P. Wentker and A. ALE y Base
w permitted him romaved. The the sinegs
Was rewieved to # cot near by. [netie Club are
drew, who had been singing con-| te. eotertan_t
usly in the meantime, followed in salvia has rote
a to the scaffold a few min-}that oome with then “hex
later. He wan askod fora statemong| dope eee risa
the wdjusting of the black “ tap) ¢ Ball C “ful are wt the head of the
fieer Edward Uruenewald. He} ment and the _will_see
ee tallawe-—+A4<-~-teee~hain vert t tha! rare | ate given ence
eens, 5, bu
Vo a drop af either.
hed.
early part or
R. T. Bennalt
abi
' Sheriff Philip Rupp.
gj the sdund of religious byinne) —
showd and teach: 6] UepvuRh the} ™ j ‘
prof the jail, Andrew and Harry kers gethered | tramei
wordemned murderers of pole Ook.
i John Blair,
of ne@groes. j
The only disrupture of the whole} ww La
Dave Lamb -
« extreme penalty fr their crime
' 5 and 6 pel wk Fri lay affair was when Sheriff Ropp din- to me
“7 i covered that one of the spectators} the |
R, the eldest phate two went was drunk, The man was
seaffold first. At Sen o'cloek to leave the 1
Philip Kupp cae to the cell ;
” nid the eyndemned men iv pre
- themselves trending t them the - “The naines
» day respite granted by Gov. Victed the |
, and the rest you know, “so dict is us follows: ..
« ready”, they both answ : AIT)
: Se ecutes later Harry wae Suilty of mu
ete _ ~~ ——— een at le ’ Mo the seaffold, Sheriffs Rupp to
<n mace ae 2 wad Depation Olleudortt, Be (8 the
4 arg NL Pe tot defendant
: — pec neem sting the strap to tus & . » Hack pnere- |,
| eh 2 te . or details. _ hie wie Toewies dentin senate A
: : pc sss : a { f Bode adjusted the noone, Heary FPF, Keo gone went creer,
sie mets sib = N FOiiondorft drew down the black) -- ~ Poreinap. or oe
Fover bis face, A secunp H. T. Bergtold, Fred Meette,
ze he intimated that he wanted | F- Heary Zoliman, Alvin
ke » statement: Ollens 3 Bede
= _ - = Pthe cap and. the
% E + Besid: ‘1 gm going to heaven to; }*
; 2 vith Jesus, J pras thet all withing © aoc
Bound of my volte may mei ag eons Se Rapeet=
yr Few secu hits SOUS. HAMBURG PREPARING. FOR
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ministers who speot some time
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