Missouri, executions recorded in county histories, 1881-1985, Undated

350 HISTORY OF SOUTHEAST MISSOURI.

ceived in December 1850. The contract for the present court-
house, which is the handsomest stracture of the kind in South-
east Missouri, was let to James P. Gillick, of St. Louis, in July, —
1885, for $13,980. It was received on October 7, 1886, the total
cost, exclusive of the furniture, having been $15,560.41.

In August, 1836, a new municipal township called Marion was
formed from the northern part of Perry, which had previously
occupied all the north half of the county. In 1840 Black River
Township was erected from that territory since cut off to form
Tron County, and ten years later Iron Township was formed. Of
the two remaining townships, Randolph was established in 1858,
and Big River in 1863. :

The circuit court was organized on April 1, 1822, by Judge
N. B. Tucker, of St. Charles County. The sheriff, Michael Hart,
returned the following venire: D. F. Marks, Archibald McHenry,
G. Estes, Thomas George, John Baker, Hardy McCormick,
George Taylor, William Spradley, William Gillespie, Dubart
Murphy, Isaac Murphy, James Cunningham, Isaac Mitchell, John
Burnham, Lemuel Holstead, Jesse McFarland, Eleazer Clay, —
Leroy Matkins, Vincent Simpson and Samuel Kincaid. They ~
found no indictments. No court was held at the following term,
owing to the absence of the judge. In August, 1823, Alexander
Stuart was present and presided. The grand jury presented
John Bequette for selling liquor without a license, and William,
a slave of Jesse Blackwell, for stabbing Shadrach, a slave of
James Kerr. The first important case was tried before Judge
Cook, in July, 1825. It was that of the State against John Pat-
terson and George Wilson for the murder of James Johnston, at
Bequette’s store, in March of that year. Patterson was a bully,
and Johnston a small, quiet, unobirusive man. Patterson
sought a quarrel, and then took the opportunity to beat Johnston
to death. Wilson was present and was tried as an accessory, but
was acquitted. Patterson was found guilty and sentenced to be
hung on August 31, following, but was released by some of his
friends, and was never recaptured. There have been several
other trials for murder, but executions have followed except the
one mentioned in the sketch of Perry County.

Officials. —The following is the official list for St. Francois

TY nan bere

HISTORY OF SOUTHEAST MISSOURI. 351

Clerks of the County Court—Jobn D. Perrs, 1821-36; John
Cobb, 1836-60; William R. Taylor, 1860-65; William C. Evans,
1865-67; W. RB. Taylor, 1867-70; Franklin Murphy, 1870-74; J.
W. Brady, 1874-84; Thomas H. Stam, 1884. .

Clerks of the Circuit Court and Recorders.*—Thomas E.
Douthitt, 1874-78; J.. Alexander, 1878.

Sheriffs.—Charles Hart, 1822-26; John Rigdon, 1826-27;
Joseph Rider, 1827-28; Laken Walker, 1828-33; John Cobb,
1833-36; A. K. Harris, 1836-39; E. H. Hibbits, 1839-40; M.
P. Cayce, 1840-42; Charles Meyers, 1842-46; E. C. Sebastian,
1846-48; Elisha Arnold, 1848-54; Elisha Matkin, 1854-58; T.
B. Matkin, 1858-60; Thomas S. McMullin, 1860-64; John L.
Risinger, 1864-66; Rufus Alexander, 1866; Frank Murphy, 1866
—70; L. D. Walker, 1870-74; John B. Highley, 1874-76; T. S.
McMullin, 1876-80; L. D. Walker, September to November,
1880; Zach. Cole, 1880-84; P. A. Benham, 1884.

Assessors.—Samuel P. Harris, 1823-26; Laken Walker, 1826
-27; Thomas Madison, 1827-28; Dubart Murphy, 1828-38 ;
John Cobb, 1833-837; Richard Murphy, 1837-38; John Blue,
1838-40; Richard Murphy, 1840-43; Thomas H. Haile, 18438-
46; Elisha Matkin, 1846-52; James S. Evans, 1852-54; L.
Thomason, 1854-56; Nesbit Orton; 1856-58; William M. Crun-
cleton, 1860-61; L. D. Walker, 1861-62; William M. Cruncle-
ton, 1862-64; Milton Poston, 1864-65; William P. Thompson,
1865-66; Charles Hart, 1866-67; Peter W. Murphy, 1867-70;
John B. Highley, 1870-74; Jasper Horn, 1874-78; Leroy Dent,
1878-82; L. E. Hurry, 1882-86; Fillmore Harris, 1886.

Treasurers.—Richard Murphy, 1822-27; John D. Peers,
1827-33; Stephen Collier, 1833-34; Richard Murphy, 1834-36;
Isaac Mitchell, 1836-37; M. P. Cayce, 1837-40; Richard Mur-
phy, 1840-42; M. P. and E. P. Cayce, 1842-78; L. K. Peers,
1878-84; John B. Highley, 1884.

Collectors. —Michael Hart, 1822-24; James Matkin, 1824-
25: Charles Hart, 1825-27; Corbin Alexander, 1827-30; Thomas
Madison, 1830-31; John Cornell, 1831-32; John Kennedy, 1832-
33: Isaac Mitchell, 1833-34; Henry Hunt, 1834-36; sheriff
ex-officio collector, 1836-76; John B. Highley, 1876-80; John

*Same as the clerks of the county court to 1874.


8348 HISTORY OF SOUTHEAST MISSOURI.

25; Robert T. Brown, 1825-28; John Logan, 1828-29; Thomas
Hayden, 1829-31; James Rice, 1831-34; Joab W. Burgee, 1834-
35; Joseph D. Simpson, 1835-40; Hugh Wells, 1840-44; Joseph
D. Simpson, 1844-45; William B. Hager, 1845-49; Peter Dean,
1849-55; Servius Riney, 1855-58 (assessed by districts, 1858-60) ;
W. B. Wilkinson, 1860-61; Peter Dean, 1861-62; Jeremiah A.
Abernathy, 1862-66; C. W. Conrad, 1866-67; John BR. Moore,
1867-68; J. A. Abernathy, 1868-70; Peter Obuchon, 1870-72;
W. A. Cashion, 1872-82; J. M. Manning, 1882.

Judges of the County Court.—Lewis Cissell, 1821-25; D. L.
Caldwell, 1821-25; Samuel Anderson, 1821-22; Walter Wilkinson,
1822; Joab Waters, 1825-26; Benjamin Davis, 1825-26; James
Mattingly, 1825-26; Jones Abernathy, 1826-27; Walter Wilkin-
son, 1826-27; John Layton, 1826-27, Joab Waters, 1827-31; James
C. Moore, 1827-28; Fred C. Hase, 1827-28; John Logan, 1828-31,
Walter Wilkinson, 1828-31; David Burns, 1831-34; Robert T.
Brown, 1831-33; Isadore Moore, 1831-32; A. H. Puckett, 1832-34;
Moses Farrar, 1833-34; Singleton H. Kimmel, 1834-37; John
Noell, 1834-85; J. W. Burgee, 1834-38; John Layton, 1835-37;
Reuben Shelby, 1837-42; Alonzo Abernathy, 1837-42; A. L.
' Parks, 1888-46; Joab W. Burgee, 1842-46; Mark Brewer, 1842-
50; George Vessels, 1846-50;-Martin Layton, 1846-50; George
W. Entler, 1850-54; John C. Layton, 1850-54; Walter B. Wil-
kinson, 1850-58; R. M. Brewer, 1854-63; Clement S. Duvall,
1854-55; John H. Abernathy, 1855-65; Joab W. Burgee, 1858
-65; Thomas Chadwick, 1865-66; Mark Brewer, 1865-66; Anton
Hunt, 1865-66; J. W. Burgee, 1865; William Conrad, 1866-80;
S.C. Duvall, 1866-68; James May, 1866-69; John H. Abernathy,
1868-81; Ferd. F. Fischer, 1869-74; J. G. Weinhold, 1874-78;
Isadore Layton, 1878-80; Robert VY. Brown, 1880; John L.
Martin, 1880-84; J. G. Weinhold, 1880-82; Isadore Layton,
1882-84; R. M. Brewer, 1884; William R. Wilkinson, 1884.

Representatives in the Legislature.*—D. L. Caldwell, 1830;
James Rice and Alonzo Abernathy, 1834; John Layton and
David Burns, 1836; Henry Seibert, 1840; J. T. Abernathy,

1846-48; Reuben Shelby, 1848-54; John C. Layton, 1854-56;

William McCombs, 1836; Henry Caldwell, 1860-62; R. M. Brew-

* Incomplete.

hee Te gy *

- er, 1862-64; John

HISTORY OX SOUTHEAST MISSOURI. 349

CGAicBride, 1864-66; Charles F. Schneider,
1866-68, W. H. Bennett, 1868-72; A. G. Abernathy, 1872-74;
Charles Hayden, 1874-76; John J. Seibel, 1876-78; BR. M.
Brewer, 1878-80; Felix Layton, 1880-82; J. F. Tucker, 1&82-84;
Edward Robb, 1884.

St. Francois County Established.—St. Francois County was
established by an act of the Legislature passed December 19,
1821, from portions of Ste. Genevieve, Washington and Jeffer-
son Counties. The judges of the county court, James Austin,
George McGahan and James W. Smith, held their first meeting on
February 25, 1822, at the house of Jesse Murphy, but after elect-
ing John D. Peers, clerk, adjourned to meet on the same day at
the house of David Murphy. The county was then divided into
four townships, Perry, Pendleton, Liberty and St. Francois.
For these townships the following appointments were made:
Perry— William Hale, constable; John Andrews Jr., assessor;
Thomas Hale, Archibald McHenry and John Baker, judges of
election. Pendleton—Wesley Garrett, constable and assessor,
and James Milburn, Absalom Dent and Jobn Sherrill, judges of
election. Liberty—Robert Hays, constable; James Dunlap, as-
sessor, and Reuben McFarland; James Dunlap and Samuel Kin-
caid, judges of election. St. Francois—Benjamin Burnham,
constable; Laken Walker, assessor, and Richard Murphy, John
Murphy and D. F. Marks, judges of election.

Until 1824 the courts were usually held in the Methodist
meeting-house, which stood on the hill south of town, where
the cemetery is. In that year a brick courthouse was built on
the public square. At the same time a log jail was erected on
the site of the present jail. It was two stories high, with a dun-
geon beneath, which was entered through a trap door from the
upper room. The walls of the dungeon were three logs thick.
It was burned by an inmate, who hoped thereby to effect an escape,
but was nearly smothered before he was rescued. In 1856 a new
jail was built, at a cost of $4,400. It was used until 1870, when
the present jail was completed, under the supervision of William
Carter and L. D. Walker. The first courthouse was replaced by
a second in 1850. The contract was let in December, 1549, to
Henry H. Wright, for $8,000, and the building was formally re-


= @ - ie Sess |

846 PISTORY OF SOUTHEAST MISSOURI.

it resulted in his death. Fenwick escaped to Cape Girardeau
County, but, upon promise of being admitted to bail, surrendered
himself. Judge Thomas, according to agreement, discharged
him upon bail, and this afterward formed one of the charges in
the impeachment case against the Judge. Fenwick, upon trial,
was acquitted. At the July term, 1832, William Burns was tried
for the murder of John Cummings, but was promptly acquitted
on the ground of self defense.

The most atrocious crime ever committed in the county
was the murder of Mary Layton by her husband, James Lay-
ton, in January, 1841. He was an habitual drinker, and very
quarrelsome. He became enraged at his wife for not pre-
paring his meals to suit him, and beat her to death with a bil-
let of wood, in the presence of their little son, a lad eight
or ten years old. Layton made his escape, but was arrested
in Wayne County. He obtained a change of venue to St. Fran-
cois County, where he was convicted, and sentenced to hang on
the 17th of June, 1843. At the appointed time several hundred
people from Perry and St. Francois Counties assembled to wit-
ness the hanging, but, just before the hour of execution arrived,

' @ reprieve was brought to the sheriff by the attorney for the —

defense, Ed. M. Holden. This greatly incensed the crowd, as
the murder had been a most brutal one, and there was no doubt
as to the guilt of the accused. The cry of “hang him anyway!”
was set up, and spread through the crowd. A few advised allow-
ing the law to take itscourse. It was therefore decided to take a

vote upon the question. Accordingly all those in favor of imme- -

diate hanging betook themselves to one side of the public square,
and those opposed to the other side. The party in favor of
hanging carried the day by a large majority, and Layton was
taken from the jail and hung to a beam placed across the “stray
pen” on the public square in Farmington.

The present courthouse in Perry County was erected in 1859,
when $8,000 was appropriated for that purpose, and John E.
Layton was appointed to superintend its construction. It is still
in a good state of preservation. The offices have been furnished
with large fire-proof safes, and there are few counties in the
State that have as complete or as conveniently arranged records.


7 / Prtwutloces Lb hy / 7 Leases

| “att Espy
/ Law Library
Box 6205
University, Sla, 35186.

November 27, 1977

The Clerk of the St, Francois County Circuit or District Court
The St, Francois County Court House
Farmington, Missouri 636)0,

Dear sir or madam:

Currently I am engaged in research on Capital Punishment in our Country which hopefully will
culminate with the publication of a work which will contain a brief biographical sketch of
each person to have been legally executed in the United States as well as a brief account of
the crimes for which each was put to death. As this is the first time that a serious effort
has been made to chronicle all of the legal executions in the United States from Colonial Days
down to and including the present, I am anxious that it be as complete, comprehensive and
accurate as is humanly possible,

According to records that I have received, no person sentenced from St, Francois County has
been executed since Missouri began putting all of its condemned felons to death at the State
Prison in 1938, My problem is that prior to then all of those sentenced to die there were
hanged locally by the Sheriffs in the Counties of their convictions and, as no State Depart-
ments or Agencies maintcin a listing of those earlier, local executions, I am endeavoring to
solicit this information from the respective Counties,

I know that a man named James Layton was hanged there on June 17, 183 and that a man named
Charles Hardin was hanged there on January 23, 1880, I have now found that a man named

O. P, McCarver was convicted in your County of murder and sentenced to be hanged, His case
was appealed to and affirmed by the Missouri Supreme Court (92 SOUTH™ESTERN 68) on March
6, 1906, I shall certainly appreciate it if you would check your records to ascertain if

Mr, McCarver was, in fact, hanzed and, if so, provide me with the actual date of his ‘execution,

(I would assume that it would have been within the next few months following March 6, 1906),

If he was not hanged because of a commutation of sentence 6r for some other reason, please

inform me of this].

Enclosed is a prepaid adcressed envelope for your convenience in replying and you will, of
course, be Riven credit in the work itself for youb assistance.

Thanking you for your cooperation and kindness, I am,

Respectfully yours,
Dear Sir, {

We had nothing more in our permanent record after the

case went on appeal so | could find nothing that said

he was hung there. In the file, the Mandate from the
appelht court said that he be excecuted on April 19, 1906.

Copy enclosed.

os

a. owe Jf.
i oe ee ee eo es HISTORY

see Sie ai

—or——

caL ACCOUNT OF

- EMBRACING AN HIsTORI

[ae = Tax Countigs or STE. GENEVIEVE, St. FRANcoISs, PERRY, Cape GrRARDEAT.
: @ BoLLINGER, MADISON, New Maprip, PeEMIscoT, DUNELIN,
Scorr, Mussisstpri, STODDARD, BUTLER,
Waxne anpD IRon,

INCLUDING A DEPARTMENT DEVOTED TO THE PRESERVATION OF PERSONAL,

PROFESSIONAL AND PRIVATE RECORDS.

ILLUSTRATED

A Reprint Edition
1955

ee Fe § VO A OY ™ | . ) :


354 HISTORY OF SOUTHEAST MISSOURI.

County. and Circuit Court Proceedings—The county court
was organized at the house of Thomas Houts in February or
March, 1822, at which time the judges were. Andrew . Ramsey,
Richard Mathew and Thomas Houts.*

At this time the county contained but two townships, More-
land and Tywappity, the latter embracing all of what is now
Mississippi County. Soon after the organization of the county
court four new townships were formed—Richland, Kelso, Missis-
sippi and WolfIsland. The judges of election appointed in 1830
were as follows: Mississippi—James Ramsey, Henry Clark and
Thomas Hunter; Wolf Island—Drakeford Gray, Silas McBee
and Alexander Mills; Kelso—John Byrne, William Hutson and
Andrew Ramsey; Tywappity—W. B. Bush, John Weaver and A.
McElmurry; Richland—John Evans, M. H. Stallcup and James
Hunter; Moreland—Alexander Montgomery, Silas King and
Thomas Houts. In 1836 Tywappity Township was divided, and
St. James Township formed from the southern part. The voting

was fixed at McDaniel’s Mill, and James Parker, N. G. Fer-
guson and A. B. McDaniel appointed judges of the next election.
In 1839 St. James Bayou Township was formed, and the elections
ordered to be held at the house of Jerry Cravens... - ~

The first courthouse was a sinall log building erected on the

public square at Benton soon after the town was laid out. A
jail was not built until 1837, when $500 was appropriated for that
purpose. Previous to that time prisoners were taken to Jack-
son. ~About 1844 the log courthouse was torn down, and a brick
pbuilding erected in its place. It was so poorly constructed that
in a few years it became unsafe, and was replaced by a frame
building. By an act of the Legislature, passed January 26,
1864, the county seat was removed to Commerce, and the court-
house sold. Asmall appropriation then made by the county court
was supplemented by the citizens of Commerce, and a substan-
tial brick building erected. In 1866 the contract for a jail, to
cost $3,800, was let, and the building completed the same year.

In 1878, by a vote of the people, the seat of justice was returned _

to Benton, and in 1883 the present courthouse was built at a cost

of $11,000.

*The county court records were nearly all lost or destroyed daring the war, so that but little
is known of its transactions.

wereld

HISTORY OF SOUTHEAST MISSOURI. 855

The circuit court of Scott County was organized by Judge
Thomas on February 11,1822. Joseph A. Hopkins presented his
commission as sheriff, and gave bond in the sum of $5,000 with
John Hall and William Meyers as sureties. John P. Rutter was
appointed clerk of the court, and was ordered to procure a seal.
The court then adjourned until June, at which time the following
grand jury was impanged: L. R. Davis, John Ashley, Bart-
lett Conyers, John Wathen, Samuel Fowler, W. Benefield, Rob-
ert Wood, John V. Lucas, Edward Fowler, James H. Dudley,
Thomas Moore, Thomas Whitaker, William P. Stidger, James
Cardin, John Friend, James Purtle, Colburn Wiley, Silas Car-
penter, Silas Risley, William Alexander, George Anderson, Solo-
mon Hays, Bartholomew I. Evans. The first indictments were
found against Samuel Glove and James Ramsey for assault and
battery, Newman Beckwith for selling liquor to Indians, and
Anthony Wills for vagrancy.

The first indictment for a capital offense was found against
Pressley Morris in 1828, but he obtained a change of venue, and
was tried in Cape Girardeau County. In February, 1836, Par-
melia Yarber was indicted for the murder of her infant child.
Upon being solemnly called, she failed to appear, and the judge
declared her “outlawed and convicted of the crime whereof she

stands charged in the indictment. It is therefore considered,

ordered and adjudged that Parmelia Yarber be hung by the neck
until she is dead.” In 1854 or 1855 William Byrne was indicted
for the murder of Thomas J. Calhoun, who was shot from ambush
while plowing in his field. Byrne obtained a change of venue
to Cape Girardeau County, was tried and convicted, but made
his escape from the jail and was never recaptured.

The only person who has died upon the scaffold in Scott Coun-
ty was Travis Harris, who was convicted of the murder of his
father-in-law, Squire Masterson, on November 7, 1872. One
Miller was convicted of the murder of Frank Hamilton, and sen-
tenced to be hung, but before the day for his execution arrived
he succeeded in hanging himself to the door of his cell.

Official List.—The officers of Scott County have been as fol-
lows:

Clerks of the County Court.+John P. Rutter, 1822-28; .


The only persons who have died upon the sca

who was convicted of the murder of
7, 1872, and William Burns (Col.) who

3 :
ffoki were Travis Harris, - |

his father-in-law, Squire Masterson, i-
killed his wife at Com-

on Nov.
Moc ita merce by shooting her with a gun. Burns was executed in the court house
rt : vard in May, 1899. One Miller was convicted of the murder of Frank }
ws Hamilton, was sentenced to be hung, but before the day of his execution aA
Sag arrived he succeeded in hanging himself to the door of his cell. - ane
o COUNTY OFFICERS.
from the time the county

the present.

was organized up to
few o

. plete, although there are a
Bc ecuting attorney,
Clerks of the County

bison, 1828-42; Felix G. Allen,
rott, 1857-58; © Thomers

Wiley A. Hughes,

1878-1902.

Circuit Clerks an

Following is a list of officers of Scott county

1866-70; William Wylie,

Taken 2s a whole this list is nuite com-
mmissions, especially in the office of pros-

which were unobtainable:
Court—John P. Rutter, 1822-28; George C. Har-
1842-56; George
J. Allen, 1858-62;

Pettit, 1856-57; James Par-
William Ballentine, 1862-66;
1870-78; James McPheeters,

urt and recorder have been Chas.

that time the clerks of the circuit cou

D. Cook, 1856-58;
Johnson and Levi -S.

of circuit clerk and recorder was
A of circuit clerks:
i 1902.

Sheriffs—loseph A. Hopkins,
Strong N.
John Harbison,
John Harbison,

Moore, 1828-30;
Moore. 1834-36;

H
} Randol, 1840-42;

ry -D. (Speer, 1846-50; H. Winchester,

. BR. Winchester. 3858-60; Wm. H.

Thomas S.- Rhodes,
Wricht, 1874-78; Jasver Trotter.

per B. Greer, 4888-90: M. P. Wade, 1890-92;

R. Batts, 1894-98; Edward Hen?

The ofnce of collector

White, 1888-94; W.

Assessors—Strong H. Hutson
Clark, 1825-56;
Hutson, 1838-41;
trict Assessors—J 858-40;
George ‘W. Austin:

M. A.

, Vaugh, 1878-80: William Wyle
Fizer, 1890-94; A. J. Harrison.
Treasurer—Michael
-S. Henderson, 1846-56;
D. Cook, 1864-66; Joseph mi
= F. “Allen, 1272-74; Vincent _H
7 Ww. C. Lambert, 1894-98; B. F.
“4 ‘Prosecuting Attorney
90; J. L. Moore, 1890-98;

the presiding and
between them in
Richard Wathan, 1822-73:
i3 25; John Weaver, 1823-27:
ue 08: Thomes Byrne, 1827-29;

compiling this

Tho

sey, 1838-35;
Allen, -1836-49:
Handy, 1840-44; Wm. Ww.

George Pettit,

<septy

atepiy -o+

Bot lita nae A
'

ry

Green, 1862-64;
Arnold, 1866-78; John M. Leftwich, 1878-94.

M. G. B. Stubblefield, 1894-98; R. L.

Recorders—Thomas F. Hinkle,

Hutson, 1830-32:

1866-70; Josenh T. Anderson,

wrs com

i following have since served as collectors:
H. Heisserer, 1894-1900.

John Harbiscn,
Charles H. Kew. 1841-57; Ww. A. Hughes, 1847-58; Dis-

3
w. A. Hughes.
i George Metz, 1870-72; James Boutwell. 4872-74; N.

MeLauchlin, 18°2-36; Josevh
Albion Crow, 1856-61; H. Brock. 1862-64: Charles -
Anderson, 1866-70; John Gaither, 3870-72; B.
eigsorer, 1874-90: Wm. H. Heisserer, 1890-94;

An*rew Ramsey,
Abraham

i i 1899-44: A. H. Wilson, 1828-38:
- Jsaac Sheppard. 1854-87;

liam Hamilton, 1844-51; Benjamin Benefield, 1847-48;

1858-62; A. J. Youngman, N.C.
Vincent Heisserer, 1864-66; Geo. . W.
In the latter year the office
following completing the list

divided, the
Stubblefield, 1898-

V. L. Harris, 1898-1902. ;
1822-24; Felix G. Allen, 1824-28; John
John
3836-28; Elijah
1842-44; Johmas

Howell, 1860-62; B. F. Silliman, 1862-66;

1878-80: George W.
B. F. Miller,
erson, 1898-1900.

bined with that of sheriff unti] 1882. The
M. F. Allen, 1882-88; Silas W.

Henry

, 1832-28; John Harbison, 3833-99;
William

1826-37: A. Seavers, 3837-38:

Hughes. John Barnes, B. B. Gaither and
1860-63; Charles H. Kew, 1861-70;
QO. Ellis, 1874-78; Drew
1980-P2; R. &. Coleman, 1982.90: A. W.
4294-96: Charles Chanev, 1896-1900. ;
Hunter. 1836-46; A.

Allen, 1898-1900.

s——William Hunter. 1878-82; Albert DeReign, 1882-
Frank Kelly, 1898-1900. a.

Judges of the County Court—Being unable to obtrin separate list of
associate judges earlier than 1878. no distinction is made

Thomas Hots,

record prior to that date.
1825-

mes Fletcher, 1825-3?:
Hunter, 1828-32;
Samuel] Duncan, 1832-44;
Alexander Mills, 1855-36;
Overton, 1838-45;

Enoch Evens,
Andrew Ram-
Felix G.--

3837-38; J. M. Noah

Cox, 1844-47; Ecward A. Buckner, 1844-47; Wil-

George Pettit, 1847-_ .

4

aban elas Gor tetra leananteke ’ 3
SOAR HE Sept nee su pins a eet oemr Hd MRL RAM tye a! 5 yi eR III Pedi oh

a ee

TT hs, topper Mey et Me ge foe) i Be

a ae tae |)

atte

a den at se

SHecBY Ce, Mo

Nov. 19, 1981

The Clerk of your Court has. very Kindly provided me with your address and sugcested
that perhaps you might be able to assist us with this project,

’ 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 earliest 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.

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

At this time, the following executions prior to 1938 have been confirmed
in Shelby County: None confirmed at this time,

The dieing; te de. LLL, .
| fern lWallaar, Clarence , LYWo

Lee OE g Hkethe, Co, Mg

Aeatirvent beciete, |

interested in lynchings [8% the purpose of this work) that might have occurred

in your county prior to , 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

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.

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,

espectf

yours,

Watt Espy

Capital Punjf/shment Research Project
Law Library/ - Box 6205
University, AL 35486


es

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STODDARD COUNTY, MISSOURI

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GOODSPEED'S

STORY

——_or——_

Sy

SOUTHEAST MISSOURI,

EMBRACING AN HisroricaL ACCOUNT OF

—

| Tax Counriss oF STE. Genevieve, St. Francois, PERRY, CAPE GIRARDEAT.
: BouixcER, Mapison, New MApDRID, Pemiscot, DUNELIN,
Scort, Mussissrpr1, STODDARD, BUTLER,
Waxne axp Ion,

INCLUDING A DEPARTMENT DEVOTED TO THE PRESERVATION OF PERSONAL,
PROFESSIONAL AND PRIVATE RECORDS.

ILLUSTRATED

A Reprint Edition
1955

meet. Ie £ ODA OY .

gypadus

toes Saati ss


358 HISTORY OF SOUTHEAST MISSOURI.

56; W. P. Darnes, 1856-60; James A. Powell, 1860-62; Noah
C. Johnson, 1862-66; B. F. Sillman, 1866-68; H. Winchester,
1868-70; Edward Gray, 1870-72; Dr. R. B. Waide, 1872-76; M.
Arnold, 1876-80; Benjamin B. Gaither, 1880-82; Isaac Hunter,
1882-86; Dr. T. F. Frazer, 1886.

Organization of Stoddard County.—In 1829 the Legislature
passed an act defining the boundariesof a new county to be called
Stoddard, in honor of Capt. Amos Stoddard, and annexed it to
Cape Girardeau County, for civil and military purposes. It thus
remained until January 2, 1835, when an act was passed for its
organization. By this act it was made to embrace all the terri-
tory between the St. Francois and Little Rivers, and south of
Black Mingo and the “ Big Swamp.”

Court Transactions.—The first county court met at the house
of A. B. Bailey, which stood in the southwest partof the present
town of Bloomfield, on February 9,1835. Jacob Taylor, Field
Bradshaw and John Eaker were the justices, and Jonas Eaker
the clerk of the court. Soon after a small brick courthouse was
erected upon the public square, and a log jail southeast of the
square. These buildings were used until 1856, when $10,000

was appropriated for the erection of a new courthouse, and Sol- |
omon G. Kitchen appointed as superintendent. At the same =

time a new jail was built by Daniel Kitchen. During Price’s
raid in September, 1864, the courthouse was burned by some
stragglers, but fortunately the records had been removed. At
the beginning of the war Maj. H. H. Bedford took the records
into Arkansas, and concealed them, and, after the close of the
war, returned them without the loss of a single book.

In 1867 the county court made an order for the rebuilding of
the courthouse, and appointed William G. Phelan to superintend
the work. The contract was let to George F. Miller and Samuel
D. Henson, and the building was completed for occupancy in
1870. During that year the contract fora new jail was let to P.
J. Pauley & Bro., for $8,000, and an order made for the issuance
of 6 per cent county bonds to the amount of $10,000.

Upon the organization of the county it was divided into four :
municipal townships—Castor, Pike, St. Francois and Liberty. |
In 1850 a fifth township, Duck Creek, was added, and soon after

HISTORY OF SOUTHEAST MISSOURI. 859

four more townships were erected. They were Prairie, Clay,
Benton and Fillmore. In 1853 the territory of the county was
reduced. A strip nine miles wide was taken off on the south, and
added to Dunklin County, and a similar amount from the north,
and added to Cape Girardeau. The townships were then re-
duced to five, and relocated under the following names: Liberty,
Richland, Duck Creek, Castor and Pike, to which was afterward
added New Lisbon. In 1868 the county was again redistricted,
and Elk Township formed. |

The first circuit court for Stoddard County was held at the
house of Absalom B. Baileyf on March 21, 1836, by John D.
Cook, and continued but one day. The grand jury empaneled
was made up of the following men: Samuel Lesley, foreman;
Andrew Neale, Benjamin Taylor, Frederick Varner, Ephraim
Snider, Jacob Crites, William V. Carlock, George Slinkard, Fred-
erick Slinkard, Peter Proffer, Levi Baker, Henry Miller, Henry
Ashbranner, William W. Hicks, Daniel Bollinger, Samuel Moore,
Thomas Neale and Horatio Lawrence. They were charged by the
judge and retired, but reported no business before them, and were
discharged. The next term of this court was held in February,
1837. At the following June term indictments were found
against John Summers for larceny, against Lucien Barnhart for
the same offense, against Davis Revelle for selling liquor with-
out alicense, against Green Freeman for adultery, and against
John Cockerell for arson, but none of them were prosecuted to
conviction. The first person sent to the penitentiary from Stod-
dard County was Peter Jones, who was sentenced to two years’
imprisonment for stealing $15 from William Henley. In 1843
Daniel Sanford and M. B. Koons were indicted for the murder of
Samuel Chapman. The former was tried first and acquitted, and
the indictment against the latter was then quashed. Sanford,
Koons and Chapman were physicians practicing at Bloomfield,
and considerable jealousy and enmity existed among them.
Koons and Chapman met one day near where Maj. Bedford’s
office now is, and, after exchanging some words, engaged in a
fight. Sanford, who happened to be present, laid hold of Chap-
man, who was a very high-etempered man, and attempted to stop
the fight. Atthat Chapman struck at Sanford, but the latter


360 HISTORY OF SOUTHEAST MISSOURI.

being much the stronger man pushed him away. He then drew
a dirk, stabbed Sanford several times, and turned and ran. San- |
ford drew a large pocket knife, and, overtaking Chapman, plunged
it into his neck, inflicting a fatal wound. To avoid imprison-
ment, Koons and Sanford escaped to Texas, but returned at the 4
next term of court, and were indicted as above stated. q
The next trial that excited general interest was that of Sarah
Buckner, brought on change of venue from Bollinger County in
1856. Mrs. Buckner had been twice married. By her first nae
riage she had two children, a boy and a girl, who, at the rk
the trial were aged about ten and fourteen years, respectively.
Her second husband was a boy only nineteen years old, who had
been employed by her to work the farm, and who, through ar
blandishments, had first become criminally intimate with her, an
then had been forced to marry her. She B00n tired of. him and
drove him away, but, after the birth of their child, she sent um
word to return and take it away, as she did not wish to care on
it. He returned for the child, and while sitting in front of
"fire waiting for his wife to clothe it properly, the latter
her daughter to kill him with an ax. The daughter obeyed 50
far as to strike him a blow, which rendered him insensib fees
did not killhim. Mrs. Buckner then seized the ax and finished:
the bloody work. To conceal the crime, she tore up the floor
the cabin and attempted to bury the remains, but, finding this =
possible, set fire to the house. Afterward the heart and some 0
the bones that had not been — were gathered up, taken
ch, and stamped into the mud. ,
° ihe d eppearsts of the young man soon led to an a
gation, and the little boy, who had witnessed the murder: re : ait
the details of the horrid deed. Mrs. Buckner and her ¢ ang rs
were arrested. The latter was tried in Bollinger County, n :
tenced to fifteen years’ imprisonment in the Laake “oe
1 time after her incarceration. rs. J os
os nee = venue to Stoddard County, was ee aes ot peer 7 :
the first degree, and sentenced to hang on July 18, 1856. An appe

-emanded

the supreme court, and the cause was r
ute tel ” this resulted as did the first, and the date
A second appeal ¥

for a new trial. =
execution was fixed for February 5, 1857.

HISTORY OF SOUTHEAST MISSOURI. 361

taken, and, while pending, the jail at Bloomfield was broken open,
and the prisoner rescued. At about this time the Civil W

ar came
- on, and no attempt was made to recapture her. se

Within the past twenty years, several persons have been tried
in Stoddard County for murder, and three executions have taken
place. At the March term, 1870, John H. Skaggs was brought

on a change of venue from Dunklin County, and tried for the

murder of Robert VY. Richardson, whom he killed in Clarkton on

January 6, 1870. He was convicted, and was hung on August
6, of the same year. .

On October 2, 1876, Williayg Shaw was shot and killed by

some one in ambush, while working at Kapp’s sorghum mill.
Poindexter Edmundson was arrested for the crime, and the trial,

which took place in March, 1877, resulted in the verdict, “guilty
of murder in the first degree.” He was sentenced to hang on
May 15, 1877, but an appeal was taken, and the execution was
postponed for a short time.

Soon after his imprisonment he and another prisoner over-
powered the jailer, and made their escape, but were recaptured
within a few days. He was hanged by Collin Morgan, then
sheriff of the county. ~~. --.--- > at se

In the autumn of 1879 Thomas Dixon and James McNabb,
accompanied by a woman represented as the wife of Dixon, came
to Stoddard County from Arkansas, and rented a farm two miles
south of Essex. In March, following, McNabb disappeared,
He was said by Dixon to have gone to Arkansas to arrest a man
for whom there was a reward offered A few weeks later he told
several neighbors that McNabb had been killed in attempting to
make the arrest. He appropriated McNabb’s property to his
own use, and, after making a crop, returned to Arkansas. Noth-
ing more was thought of the matter for nearly two years. In
February, 1882, a buyer of walnut timber came into the neigh-
borhood, and the owner of the farm rented by Dixon and McNabb,
remembering that Dixon had buried a large walnut log, decided
to exhume it. He did so, and under it was the partially decom-
posed body of a man, which, by the clothes and some other
articles, was identified as that of McNabb. Dixon was arrested,
tried and convicted, and sentenced to be hung on May 18, 1883.

LE LGRGIAN GE ALE EE St “

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sennenene tare merstone seers. ging meet iis


HISTORY OF VERNON COUNTY. 189

doctor rode up from a professional visit in the country. He began
bantering his wife in apparent good nature, and she responded in
kind. Presently she said, ‘*If you don’t go away and let me alone |
will milk on you,’’ and pretty soon she threw a few streams of warm
fresh milk in his face and on his clothes. Although this was done in
mere sport, the doctor flew into a violent passion, ran up to his wife,
kicked her, upset her milk, pulled her about by the arms and finally
gave her a blow on the head with his fist. Mrs. Nottingham resisted
for a time as well as she could, but when her husband struck her she
turned away and suid, *¢ Now, you have struck me; I won’t live with
you any longer. I am going home to my father, and I will never
come back ;’’ and bursting into tears she started off inthe direction of
the residence of her father, Nathan Jarrell, 1 few miles away.

Disliking a public exposure of his inexcusable conduct, and dread-
ing perhaps the vengeance of his wife’s father and her brothers, Dr.
Nottingham followed after his retreating spouse, and overtaking her
remonstrated and expostulated with her against her leaving him.
Finally, as he afterward confessed, he admitted that he had done wrong,
and implored her forgiveness, promising that he would never again
mistrent her if she would return home with him and let all be forgot-
ten. But to all of his entreaties his wife returned the one reply, ** I
won’t live with any man who abuses me ; I can never love you again,
and I won’t forgive you.’’ At lnst, becoming desperate under the
influence of combined passion and feeling, shame, remorse, fear, up-
prehension and anger, the doctor called to his wife to stop, and when
she refused he caught up a stone as large as his fist and threw it at her
with all his might. His aim was fatally true. The missile struck the
poor lady in the temple, crushing her skull and killing her almost in-
stantly. It is believed, however, that in his frenzy the murderer
added a few more blows to finish the work.

The scene of the murder was in the timber, near Mulberry creek,
in the southeastern part of Virgil township, about a mile anda half
west or northwest of Virgil City. Seeing that his wife was dead,
Nottingham dragged and earried the body to a shelving bank or pro-
jecting cliff, forming a sort of cave, where he concealed it for the
time, darkness having coane on, and then returned to his house. He
informed his children that their step-mother had gone to her father’s,
but that he would go after her the next morning. And the next
morning he did ride over to Mr. Jarrell’s, tuking a neighbor with him,
and made inquiry for his wife as if he expected to find her there. On
the way his companion found « black silk handkerchief which the wo-


190 HISTORY OF VERNON COUNTY.

man had dropped. That night, or the following, Nottingham dug a
grave and going to the cave where his wife’s body lay, he attempted
to carry it away and bury it. But Mrs. Nottingham in life was a
stout, well-formed woman and somewhat over-sized, and though her
husband handled her body with ease on the night of the murder, yet
when he tried to take it from the cave he could not move it. Accord-
ingly, with a large pocket knife, he cut the body in two, and carried
each part to the grave separately and buried it, covering it, however,
with but a few inches of earth; the grave or pit was but a shallow,
incomplete affair, resembling a diteh or trench.

For some days the mysterious disappearance of Mrs. Nottingham
Was the sensation of the neighborhood. There was not a general
opinion that she had been murdered ; only a few  suspicioned such a
thing. The prevailing theories were that she was hiding inthe tim-
ber in order to worry and punish her husband, or else that she bad
left the county for good ; a few thought that she had committed sui-
cide, Searching parties were organized and scoured the country and
there was the greatest excitement. But Nathan Jarrell believed that
his daughter had been murdered, and one day while he was riding with
his neighbor, Daniel Pryor, on the search, his attention was attracted
to a brace of buzzards wheeling about in the air, while two or three
of their companions were perched upon the limbs of some trees be-
neath. Surmising what had attracted these scavengers of the air to
the locality, Mr. Jarrell dismounted and soon discovered the re-
mains of the poor woman.

The alarm was given, the body identified beyond dispute, and Not-
tingham at once taken into custody. A preliminary examination be-
fore Esq. Saml. Dunnagin, at Dunnagin’s Grove, resulted in his being
committed to jail to await the action of the grand jury. There was
some talk of Ivnch law but it was not put into execution. The pris-
oner was confined in jail at Clinton, there being at that time no suit-
able jail in Bates county, of which this county then formed a part.
Nottingham was indieted soon after and tried at Papinville, the then
county seat, before Judge Wm. Wood. He was ably defended by
Waldo P. Johnson, but-as ably prosecuted by John M. Bryant, the
circuit attorney, then and now a resident of Marshall, Saline county.
The evidence was overwhelming and he was speedily convicted.!

1 J.S. McCraw, an old resident of Bates county, who was one of the jurors that
convicted Nottingham, says that when the jury was brought in to report the verdict,
Morgan Settles stood within reach of the prisoner with a rope concealed under his
coat ready to throw over Nottingham’s head, while others stood near to draw it if
the verdict should acquit him.

xeanamee

veneers s


VERNON COUNTY, MISSOURI.

188 HISTORY OF VERNON COUNTY.

ing warrants with which to make entries. Dealers in them frequented
every land office, as eager to sell as land hunters were to buy.

In the years 1856 and 1857 nearly all of the vacant land in the
county was entered, either by actual settlers or speculators. The
majority of the settlers were Missourians, but there came also many
from the Free States. So numerous were the land lunters and the
home hunters in the county in these years, that the resident people,
in their small houses, and with their limited means, were often hard

put to entertain them.

A NOTABLE TRAGEDY — MURDER OF MRS. SARAIL NOTTINGHAM, BY HER
HUSBAND, DR. SAML. NOTTINGHAM.

In the summer of 1851 there occurred on Clear creck, in the eastern
portion of this county, a most atrocious murder, which created intense
excitement and interest at the time and was a topic of conversation
among the people for years. The murderer was Dr. Samuel Notting-
ham, who lived on the east side of Clear creek, in what is now Virgil.
township, and his victim was his own wife, Mrs. Sarah Nottingham,

Dr. Nottingham was a native Kentuckian, but had lived for some
years in Indiana before coming to Missouri. He was well educated,
naturally intelligent, and was a thorough graduate in medicine from
the Cincinnati Medical College. In Indiana he married a Miss Col-
lins, who bore him several children and died at last under somewhat
suspicious circumstances, at the hands of her husband, as many

thought. Coming to Missouri he was again married to Mrs. Sarah
a Dunean, a young widow lady, the relict of Robt. Dunean, and the
daughter of Nathan Jarrell, an early settler in the northern part of
Dover township.

Physicians were scarce at that day and Dr. Nottingham had an ex-
tensive practice. He was a church member, a man of no open vices,
and was generally esteemed. But at heart he was a man of violent
temper. Aroused to anger he became furious and vented his passion
* on what should have been considered the tenderest objects of his care
eet and consideration, his wife and children. When in good humor he
Pe was a fond husband and a kind parent. With his second wife he did
: not live altogether agreeably. She was a good wife to her husband
a and eared for his children as tenderly as if they had been her own ;
but she was a woman of spirit and would resent very readily any ill
treatment towards her from her husband or any one else.

One evening Mrs. Nottingham was engaged in milking when the

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362 HISTORY OF SOUTHEAST MISSOURI.

The evidence was purely circumstantial, but it was conclusive,
and, although an appeal was taken, the supreme court refused to
interfere, and Dixon was executed on May 2, UBB Ace?

On July 30, 1880, John L. Ramsey killed Charles Flint at
Jenkin’s mill. Ramsey was a man of quarrelsome disposition
and dissipated habits, while Flint was a reputable citizen. They
had had some prior difficulty, when they met at the mill. There
Ramsey sought a quarrel, and finally succeeded in engaging
Flint in a fight, in which he cut him with a knife, killing him
almost instantly. He was arrested and had two trials. The
first resulted in a mistrial, and the second in conviction of man-
slanghter. He was sentenced to ten years in the penitentiary,
but was soon pardoned by Gov. Marmaduke. Subsequently
he was arrested, for assaulting his wife, but escaped from the
jai the State.
: eraeube 6, 1881, John H. Harper killed Ambrose Sni-
der in the road near Bloomfield. He escaped and went to East
Tennessee, where he had previously resided. He was arrested
there, and the officer had reached Charleston, Mo., with him on

his way to Bloomfield, when he escaped. He went to Louisiana,

and was finally recaptured at Vicksburg. He was tried, and
sentenced to ten years in the penitentiary, but has since been
eae Officials.—The officers of Stoddard County, from its
organization to the present time, so far as could be ascertained,
‘ follows:
ne of the County Court.—Jonas Eaker, 1835-41; Levi W.
Tankersly, 1841-46; Reuben P. Owen, 1846-65; A. = Owen,
1865-; R. W. Christy, 1869-78; Stephen Chapman, 1878-86; M.
886.
* Cau of the Circuit Court.—W. W. Norman, 1865-67; R. M.
Fraker, 1867-70; George G. Pollard, 1870-72; Joseph L. Car-
michael, 1872-74; G. J. Harvey, 1874-78; C. H. Barham, 1878.
Sheriffs. William Wray, 1835-37; Harmon Ried, —
William A. Whitehead, 1840-44; William W. Hicks, 1844-48;
Pittman Miller, 1848-52; William A. Whitehead, 1852-56 ;
James Dowdy, 1856-60; John J. Johnson, 1860-; Lewis are
ger, 1865-66; 5S. D. Henson, 1866-67; George W. Kitchen, 5

$35

se Bh
ihe Roe sent , ee
TE LARS ASO PET PR tee ig
Sree Soa Peet RT ET nS a ee
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Bie

HISTORY OF SOUTHEAST MISSOURI. 363

70; R. M. Fraker, 1870-72; Reuben Harper, 1872-74; Collin
Morgan, 1874-78; J. G. Lewis, 1878-82; N. M. Cobb, 1882-86; D.
W. Sanford, 1886.
Treasurers.—Orson Bartlett, 1840-43; Richard Wall, 1843-
46; Henry Miller, 1846-; William S. Welborn, 1865-66; Will-
iam P. Knox, 1866-68; Henry E. Miller, 1868-70; John L.
Buck, 1870-72; W. P. Renner, 1882-86; W. C. Hardy, 1886.
Assessors.—Absalom Faris, Jr., 1840-42;S. G. Kitchen, 1842-
43; Jesse A. Gilley, 1843-44; James Stafford, 1844-46; James D.
Shradgr, 1846-49; James M. Purtle, 1849-54; J. K. Cook, 1854-
56; R. W. Christy, 1856; Daniel Renner, 1865-66; J. M. Horton,
1867-67; Solomon B. Hobbs, 1867-68; John M. Allen, 1868-74;
W. C. Harty, 1870-74; C. H. Barham, 1874-78; F. S. Evans,
1878-1880; Joseph Howell, 1880-82; S. A. Norrid, 1882.
Judges of the County Court.—Jacob Taylor, 1835-; Field
Bradshaw, 1835-36; John Eaker, 1835-41; John N. Mitchell,
1841-45; Lawson Taylor, 1842-45; Sanders Walker, 1543-45;
William Wells, 1845-46; S. G. Kitchen, 1845-47; Joseph B.
Davis, 1845-52; Given Owen, 1846-49; John J. Jackson, 1848-
52; John Tippen, 1847-48; N. W. Seitz, 1849-50; J. B. Kistner,
1850-53; Thomas J. Walker, 1852-54; Hiram A. Shook, 1852-55;
W. OD. Taylor, 1854-55; N. W. Seitz, 1854-55; Richard Wall,
1853-54; Jonas Eaker, 1855. Judges of district court—Green L.
Poplin, 1865-66; J. G. Nall, 1865-67; Seth G. Hollis, 1865-67;
Samuel Montgomery, 1866-67; John McMillen, 1867-69; John
Seisin, 1867-73; John Brooks, 1867-69; J. K. Stafford, 1869-70;
Caleb B. Crumb, 1869-70; S. D. Henson, 1870-75; A. J. Davis,
1870-75; Caleb M. Dowdy, 1873-75; P. G. Wilson, 1875-78
(sole justice); Jonathan Haislip, 1878-79; J. C. Blackshear,
1878-80; J. M. Middleton, 1878-79; W. N. Ringer, 1879-80; T.
H. Mauldin, 1879-80; A. W. Ruidisill, 1880; Jobn Humphreys,
1880-81; S. D. Henson, 1550-82; B. B. Lockard, 1380-82;
Stephen Elliott, 1880-84; James W. Denny, 1884-86; C. P. Hollis,
1882-84; Thomas L. Wilson, 1554-86; W. N. Ringer, 1884; R.
W. Thompson, 1886; Z. Goforth, 1886.
Representatives in the Legislatuve.—Fields Bradshaw, 1536-
38; A. B. Bailey, 1838-40; Harmon Reid, 1840-44; Willam A.
Whitehead, 1844-46; Robert Giboney, 1846-48; Orsou Bartlett,


GENERAL PROSPERITY 335

of the hadies two wagons, one driven by a man and the other by
# Woinan, drew near where Phillips and Cox were camping, and
on their aecosting the man he told them he was looking over the
land with a view of buying, that the woman was his wife, and
speaking of her apparent alarm, said she was timid and nervous
amt had been frightened by a large black dog she had seen.
hillips and Cox left. Soon afterward Mr. David Soward came
pon the man and woman witli the wagon, and the talk he had
with them aroused his suspicions, and at night he, with Hen-
dricks and the Wallace brothers, visited the place to investigate,
hut accomplished nothing in the darkness of the heavy timber.
Late in the afternoon the man and woman having encamped a
half-mile distant from the eamp of Phillips and Cox. the man
again visited them and said he had found good grass on the hill
and pitched his camp there. It was near this camping place that
the bodies were found. The mutilated bodies showed clearly that
murder had been committed, and all the circumstances pointed
to the man and woman as the murderers. From descriptions
wiven they were recognized as parties who had lived in a small
house in Nevaela. the same that had been the home of Fox, where

they ded laundry work. heing known as Henry 8S. Stair and Nan-

netta, his wife. $f was known that the Sewells had been encamped
near the fair grounds and that Stair and his wife had been in the
habit of visiting them. and the conclusion was reached that the
murder had bert: committed on one of these visits, the motive
being to possess themselves of some eight head of ponies and
horses of little value and some articles of trifling worth owned
by the Sewells. On the afternoon of the day the bodies were
discovered Stair and his alleged wife were found on Kitten ereek,
three miles from Harwood, and arrested by Marshal Brady and
Deputy Sheriff White. and that night were placed in jail at
Nevada. It was soon learned that the name of the woman. wha
was but the mistress of Stair, was Nannetta Osborne, that Stair
had a wife in Indiana, that they met in Arkansas, lived together
in various places and came to Nevada from Fort Scott; that Stair
Was born of a respectable family in Indiana, but was a hardened
erininal when he came to Nevada, having been concerned in
numerous serious crimes, and with a penitentiary record. It also
became known that he had been in an insane asylum in Minne-
sot. though this fact was not mentioned at the trial in extenua-

Ce oe So eget He:
“th, Shia, Koi cr R «.
AD oes pe ¢ 3 Ae Po im
Z 2 Resins
SOR EGS ite : os


334 ILISTORY OF VERNON COUNTY

cities committed during the perilous times of guerrilla warfare;
criminals ‘have been killed while resisting or trying to escape
arrest, some have been slain while assaulting their fellows, and
numerous perpetrators of crimes have escaped with punishment
through the law’s delays, the shrewdness of lawyers and the stu-
pidity of jurors and, in some instances. murderers have paid the
penalty of their crimes with their lives. One of these was William
Fox, who was hung at Nevada on December 25, 1883, for the
murder of Thomas Howard. Fox was « dissolute character and
had known Howard in Adrian county. tle had lived in Nevada
but a short time before the murder. Atter spending the night
of May 19 together in drinking and debauchery, Fox, near morn-
ing, enticed Howard to a secluded spot an the southwestern part
of the town and, after shooting him three tithes in the head and
faee, robbed and secreted the body.  Vhe tueds was discovered
later in the morning near the railroad track and, on being
arrested, Fox confessed the crime, On beng brought before
Judge Burton, of the circuit court, then in session. Fox offered
to plead guilty. According to the usual custom sucha plea would
be followed by a penitentiary sentence. For see reason Judge
Burton would not allow a plea of guilty to be entered and ordered
instead a plea of not guilty. Following indictment a trial was
had, resulting in a conviction and sentenee to death. The sen-
tence was affirmed on an appeal to the supreme court, and at
12 o’cloek on July 18 Fox was hung near the railroad trestle in
the presence of a large crowd, among whom were his wife and
his father and the widow of Howard.

Another noted case was that of Henry S “Stair. who was
hung on January 15, 1886, near the site where kox was executed.
for the brutal murder of Jacob Sewell and tis sen Mack Sewell.
On the morning of August 7, 1885, Thomas Hermiricks and David
and Joseph Wallace discovered a dead body 1: a shallow grave
in a lonely spot on‘the Marmaton bottom, some three miles north-
east of Nevada. On receiving the alarm Coroner Harris and
Sheriff Hill and others hastened to the place and further search
disclosed two bodies, which were reeognized as those of Jacob
Sewell, an elderly man 64 years old, and his son, Mack, 17. Prior
to this Jacob Phillips and J. H. Cox had been searching and dig-
ging in the Marmaton bottom for treasures supposed to have been
secreted there during the war. On the morning before the finding


191

HISTORY OF VERNON COUNTY.

of murder in the first degree,”’ the

prisoner was sentenced to be hung. No attempt seems to have been
e a reversal of the conviction or a modification of the
aining the proceedings in

As the verdict was ‘guilty

made to procur
sentence. The records of Bates county cont
this case are lost, but old settlers do not remember that there was an
appeal, although a long time intervened between the murder and the

execution. The prisoner was taken back to Clinton jail, and here he

wrote out a lengthy and complete confession of his crime and the at-
Albert

This confession was given to Dr.

tendant circumstances.
and copies

Badcer and was sent to a printing office at Lexington
printed

Nottingham was
membered ; Sheriff Gabriel

crowd was present at the execution.
concourse of people, and at that date in

settled country, sensations were so rare that this incident was re-
garded as an epoch. People came from as far south as Carthage, and

from Osceola and all the region around about to ‘© see the fun.”

and sold throughout the country.

hung at Papinville in the fall of 1
M. Stratton was the executioner.
A public hanging always brings
this sparsely

$52, as best re-
A large

out a urge

IRST ATTEMPT AT COUNTY ORGANIZATION.

As has been previously stated, upon the admission of Missouri into
the Union, in 1821, the territory embraced within the west 24 miles
of what is now Vernon county was ‘neluded within the reservation of
the Osage Indians. In 1826, by the treaty of Ft. Gibson, the Indian
title to this reservation wis extinguished, and all of Vernon county,
townships, was attached tem-
ganized out of Lillard in

THE F

except the lowest tier of congressional
porarily to Jackson county, Which was or
February of the same year. The southern tier belonged to Wayne
until 1829, when it came under the jurisdiction of Crawford and so
1833, when it was attached to Greene.

remained until January,
organized, with its

In 1835 Van Buren county (now Cass) was
rn, and western boundary lines substantially
about two miles south of where

northern, caste us at pres-
ent, but with its southern boundary
the city of Butler now is; the territory south, to the Barton line,
was formed into a proposed new county, to be called Bates when

organized, and this was ‘¢ attached for civil and military purposes” to
and inde-

Van Buren. In 1841 Bates county was given a separate
pendent existence, its northern boundary running two miles south of

Butler (or on the line dividing congressional townships 39 and 40)
and its southern line being the present line between Barton and

Vernon.


GENERAL PROSPERITY 333

deeds, (§ G. Ewing; judge county court south district, C. C.
Pettibon« judge probate court, rd. Myers; prosecuting attor-
ney. Janes M. Hull; county treasurer, J. M. Palmer; coroner,
C. Bo pds te

i. «i$ Jwevin W. Shafer was elected judge of the cireuit court
i Mt) 1906, Judge Shafer died, and J. B. Johnson was
apuuantod by the governor to fill the vacancy) ; representative.
Withe: H. Prewitt; sheriff, R. B. Moore; judge county court
orth district, S. B. Combs; judge of county court south district,
i’ (. Pettibone; prosecuting attorney, J. R. Moss; county treas-
arer, J. M, Palmer; coroner, J. M. Yeates; surveyor, J. M. Clack ;
public administrator, W. F. Gordon.

In 1906 B. G. Thurman was elected judge of the circuit court ;
representative, J. O. Morrison; clerk county court, H. W. Isbell;
sheriff, R. B. Moore; clerk circuit court, J. E. Huff; presiding
judge county court, J. N. Staten; judge county court north dis-
trict. Pareal Henshaw: recorder of deeds, J. R. Davis; judge
county court south district, W. S. Creel; judge probate court,
Yo VMaers prosecuting attorney, J. N. Coil; county treasurer,

Pook camer oa Truax.

. won was re-elected representative, but died
fristeree gaunt - at. special election called J. B. Johnson
Wan cies ae! tris .oniff, Ben Baugh; judge county court
north: distr: oe +, 0 William Price; judge county court
south district, Wooo. Sharta: proseenting attorney, Lee B. Ewing:
treasurer, W. L. berrye.  reener, Dr. J. T. Hornback; surveyor,
J. M. Clack; pubite sdimicst rater, W. F. Gordon. |

‘In 1910 B. Go. Thurnne:: was re-elected judge of the circuit
court: representative. J. \ 5 oil: clerk county court, J. B. Akers;
clerk cirenit court, M. Cummins: judge county court north
district. J. H. Caton: recorder deeds. B. F. Chatman; judge county
court south district, W. f.. Creel; judge probate court, TT. J.
\lvers: prosecuting attorney, Lee B. Ewing.

SOME NOTED CRIMINALS.

There has always existed in Vernon county, with its cosmo-
politan population, more or less of crime, but that the so-called
eriminal class has bee any more predominant than in other com-
munities of like character, there is no reason to suppose. There
have been numerous murders and homicides aside from the atro-

£f

pik tty

-

1 PE TN ES ie pene Ne tate «net 8


1004 HISTORY OF WARREN COUNTY.

slave called Isaac. Mrs. Callihan was quite old and infirm, and in her
struggles to prevent the wretch from carrying out a fiendish purpose,
made an outcry, when the brutal desperado choked her to death.
His arrest speedily followed. He was indicted, regularly tried, found
guilty of murder in the first degree, and sentenced, on September
24th, by Judge Carty Wells, to be hanged on November 14, 1851.
On that day he was hanged by Sheriff Jonathan D. Jordan,.in the
presence of a great crowd, who came to witness the first legal hang-
ing that had taken place in Warren county. be Moe

THE BEVINS SHOOTING.

One of the most peculiar cases on record was the shooting of Mr.
Bevins who lived in the vicinity of Smith creek, where it is intersected
by the Holstein road. Mr. Bevins was sick, and confined to his bed.
He owned several slaves, and one of the negroes conceived the idea of
shooting him while asleep. Bevins had used some harsh language to
the fellow, and he was thirsting for revenge. Proceeding to carry
out his design, he procured a shot gun, took a position outside the
window of the room where his master was lying, and deliberately shot
him. He was captured, but Bevins realizing that he must die, got
one of his neighbors named Kountze, to take the negro.to New Or-
leans, where Kountze sold him for $1,000 and brought the money
home to the family of the murdered man. The negro was never in-
dicted, and his victim was buried before the officers of the law knew
of the facts.

OPE I ae rece er semen, RO IE RN a IRE GE Pe I ME te A a


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TAU iter 8

HISTORY OF WARREN COUNTY. 1001

Mrs. Taylor as accessory after the act. They were brought to War-
renton, and confined in the county jail. Price, through the assistance
of two negro girls, Lucy and Martha Cordey, who had passed a hatchet
and file to him, succeeded in breaking jail. He was accompanied in
his flight from justice by two white men named Kampman and Slattery,
who were awaiting trial for a burglary committed at Wright City. Sheriff
Howard instantly offered a reward of $150 for the apprehension of the
criminals, and called upon the Governor, who also offered a reward for
their recapture. The case was taken up by Mr. Joseph Myers, of
Wright City, who followed the fugitives, Price and Kampman, and
finally after a chase of two weeks, ran the negro down at Upper Alton,
Ill., where Mr. Myers, in company with William Wells, city marshal
of Alton, recaptured him. Slattery was arrested in St. Louis, but
Kampman succeeded in evading the officers. Price was brought back
to his old quarters in the Warrenton jail on the night of October 30.

On the trial, which began on Tuesday, November 21,1876, a perfect
case was proved against him. The principal witness on bebalf of the
people, was Maggie Price, a daughter of the prisoner, who stated
that, having done the terrible deed, Price went to the house where
Taylor had lived, and where Mrs. Taylor and herself were sleeping,
and she then saw Price thrust Taylor’s pocket book througb the chink-
ing of the house, and afterwards heard him tell Mrs. Taylor that he
had put Sam (Taylor) in a place where he would never get out —ina
place deeper than the house.

The woman was tried and sentenced to the State penitentiary for 25
years. On the journey to Jefferson City she made » full confession,
in which she admitted the truth of Maggie Price’s testimony, and also
related that Price told her that he and Taylor were standing upon the
river bank, and Taylor was looking at the headlight of a train across
the river on the Pacific railroad. As he stood in that position, Price
slipped up behind him, struck him with the gun, then stabbed him,
threw him into the river and watched him until he sunk, and before
throwing the body into the river he took Taylor’s pocket book off the
body, thinking there might be money-in it. Visited in the cell, Price
denied any criminal intimacy with the woman, denied that he killed
Taylor, but said he would rather die than live. ry

_ He was sentenced to be banged by Judge Edwards on January 18,

‘1977, and apon that day expiated his erime upon. the same gibbet from
which in mid air the body of Foater had dangled:six months before.

_ In all that is inhumanly diabolical, degraded and brutal, this crime
has but few parallels in the criminal history of the. country,” and the


*

1002 HISTORY OF WARREN COUNTY.

speedy and exact justice meted out to the offenders retlected honor
upon all the officers of the law who took part in ridding the world of

the monsters
The woman Taylor was pardoned out of the penitentiary during the
fall of 1883, by Lieut.-Gov. Campbell.

THE MURDER OF JOHN HARTGEN.

Warrenton was again startled on the afternoon of Saturday, Sep-
tember 21, 1879, by a report that murder had been committed on her
main thoroughfare. Crowds ran to the saloon of Joseph Guggenmoose,
where upon the floor was stretched the dead body of John Hartgen, a
blacksmith. He had been shot by a pistol fired by one George Lee.

Lee was at once arrested by Sheriff Sam Cook and lodged in the
connty jail. At the coroner’s inquest the following facts were de-
veloped: —

The prisoner Lee owed the murdered man a small bill, and meeting’

in the saloon Hartgen requested Lee to pay him. Some discussion
followed as to the correctness of the bill, which finally resulted in a
quarrel. After some further parley Lee walked away. Hartgen then
took a pistol out of his pocket and placed it under the counter, and

was standing at the connter conversing witha friend. At this moment

Lee returned to the open door of the saloon, and pointing a revolver
squarely at Hartgen, with a frightful oath upon his lips, fired. Hart-
gen clasped his hands over his heart and reeling away from the
counter fell to the floor a corpse.

The corouer’s jury found a verdict of murder. Lee was held with-
out bail to answer.

About dusk on Monday, September 23, the citizens of Warrenton
were again alarmed, and this time by reports that a mob was or gan-
izing to take Lee from the jail and hang him.

Throughout the evening men were noticed coming into the village
from every direction, and at an early hour the crowd, numbering about
60, organized, and with faces disguised by masks, proceeded | to the
court house yard and surrounded the jail. Sheriff Sam, B. Cook,
against the advice of his friends, repaired to the court house, and was
at first refused admittance, but finally made his way to his office.
Securing his pistols, he returned to the court house steps, and, ad-
dressing the crowd, advised them | to disperse; promising that the
prisoner should speedily be: brought, to trial. After some hesitation,
his advice was taken, the would-be lynchera departed, and thus ended

what at one time foreboded. lasting disgrace to Warren county.

~e

Les | elie aii Cie: aha


HISTORY OF WARREN COUNTY. 1003

The counsel for the accused obtained a change of venue and Lee
was taken to the St. Charles county jail.

The case against the prisoner was considered a strong one, but
when the trial began at the March term of the court, 1880, the wit-
nesses who had sworn that Hartgen put away his revolver, came on
the stand and made oath that when the deceased was picked up
a pistol was found on the floor near where he fell.

The jury, in view of this fact, brought in a verdict of acquittal, and
Lee was discharged.

Great indignation followed the verdict, and Lee left the country

never to return.

THE SHOOTING OF COL. MEYER.

On Sunday, April 18, 1877, in an altercation which took place on
the main street of Warrenton, Col. Ferdinand Meyer was shot by
Nat. C. Dryden, a well known attorney of the town. Col. Meyer

was Collector of United States Internal Revenue, and resided at St.
Louis. He had come out to Warrenton in search of an alleged illicit
distillery, with a view of making an arrest if necessary, and was
accordingly armed. While walking along the street he was addressed,
as he conceived, in a scurrilous or insulting manner by Dryden, and
walking up to the attorney, demanded un explanation. Dryden denied
that he had insulted the irate Colone}. The latter then grasped Dry-
den by the lapel of his coat, when Dryden knocked him down. As
Meyer arose trom the ground he made an effort to get his revolver,
but was told by Dryden that if he pulled it he would shoot him.
Nothing daunted by this warning, Col. Meyer made another effort
to get his revolver, when Dryden fired at short range, the ball strik-
ing his antagonist in the mouth, and plowing its way through his
head, came out at the base of the skull. He fell to the ground, and
when picked up, still had his band in bis hip pocket, as though
endeavoring to get. his pistol, which was found upon his person. Dry-
den delivered hiniself to. the sheriff, was placed under bonds, and
formally indicted. He took a change. of venue to St. Louis county,
where he was tried and. acquitted’on the ground of self-defense.
Col. Meyer eventually recovered from the effects of his wound, which

left him deformed for. ate.

i eo ees Senne MURDER OF “wns. “CALLIMAN,

On Monday, September 22, 1851, Mrs: Calihan, wife of Squire
Calliban, of Pinckney township, was murdered at her residence by a


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STATE OF MISSOURI. 505

indictment charged that on the 6th of May, 1876, he shot
and killed Cowell at the railroad depot in Potosi. He was tried
October 21, following, and acquitted on the plea of insanity. On
the 11th of October, 1878, George Wallen was indicted for shoot-
ing and killing LaF ayette McVay, at Irondale. He was tried
October 11, 1879, and acquitted. In October, 1879, Joseph
Degonia was indicted for the murder of Jules Polite, which
occurred about a mile northeast of Potosi, and his brothers, Frank
and Antoine, were indicted as accessories. The two brothers
plead guilty as accessories, and were sentenced to serve ten years
each in the penitentiary. J oseph Degonia, the principal, was
tried October 19, 1878, and found guilty of murder in the first
degree, and on the 26th of the same month he was sentenced to be
hung on Friday, December 6, 1878. He was taken to the St.
Louis County jail for safe keeping. An appeal was taken to the
Supreme court, where the judgment of the lower court was
affirmed, and he was re-sentenced to be hung June 27, 1879. Near
the appointed time, a gallows was erected, and on the day set for
the execution Sheriff Wallace, while on his way from St. Louis
with his prisoner in charge, received a telegram at De Soto, from
the governor, that the sentence was commuted to imprisonment
for life. Degonia, after serving some time in the penitentiary,
was pardoned by the governor.

On the 5th of February, 1884, Samuel Cook (colored) was
indicted for killing his lady-love, Emma Shore (colored). He shot
her July 5, 1883, while she was in the company of another colored
man. He was tried on the 15th of April, 1884, found guilty of
murder in the first degree, and was sentenced to be hung on the
6thof June following. An appeal was taken to the supreme court,

“where the judgment was affirmed. Gov. Marmaduke then com-

muted his sentence to imprisonment for life. Marvin McCabe
and Robert Wigger, between whom a feud had long existed,

_were neighbors living in the vicinity of Mineral Point, They

met at Mineral Point on election day in November, 1886, and then

and there Wigger shot and killed McCabe. Charles McCabe, a

son of Marvin McCabe, being present, in turn shot and killed

Robert Wigger. On the 6th of April, following, Charles McCabe

and his two brothers, James and J ohn, who were charged with aid-
32

j
5
= 4st rae oe ig
eer vee,


506 HISTORY OF WASHINGTON COUNTY.

ing and abetting, were indicted for the murder of Robert Wigger.
They were tried in June, 1887, and each was sentenced to ten
years’ servitude in the penitentiary. Previous to this affair these
parties all sustained good reputations.

MILITARY AFFAIRS.

Loyalty- and Disloyalty.—In the spring of 1861, when it
became certain that a war between the United States and the
several States that had passed ordinances of secession was inev-
itable, the people of Missouri, and especially of Washington
County, were generally in favor of armed neutrality. While they
were not in favor of secession, they were at the same time unwill-
ing to take up arms against their Southern brethren, and, conse-
quently, favored neutxality, and were willing to maintain it, even
by force of arms. Early in May a meeting of the citizens of
Washington County was held in the courthouse in Potosi, which
was addressed by Hon. George B. Clark and others, who made

_ strong arguments in favor of armed neutrality. An effort was
then made to organize a large company, under the leadership of

Capt. John Casey, for that purpose. A muster-roll was opened,
and some sixty names were enrolled; but following this, and
before the organization of the company was completed, a small
battalion of Federal soldiers, under command of Capt. Cole, came
out from St. Louis and took possession of Patosi, on the 16th
of the same month. A number of citizens, who were either known
to be or were suspected of being in full sympathy with the
Southern cause, were arrested by this band, and about a dozen
of them were taken back to St. Louis, and held for a time as
prisoners of war, and then released.

Hostilities Begun.—This action on the part of the Federal
authorities put a sudden stop to all efforts to maintain armed
neutrality in Washington County. Men had to take sides either
for or against the Union, or maintain individual neutrality as
best they could. At this juncture it became evident that a
majority of the citizens were in sympathy with the cause of
secession; but as the county was, as it may be said, within the

Federal lines, no company or body of troops was organized within |

it for the Confederate army. On the contrary, several companies

Mates es ey, eee ’

LOTS TLE >
Ce mA = ‘5
eR? ain! 7 Las Sy 39 Cia

Z
a


uu ae
e ioe = FS STORY

SOUTHEAST MISSOURI

EMBRACING AN HISTORICAL AccouUNT OF

~~

Tax Counties oF STE. GENEVIEVE,
BoLLINGER, MADISON, New M
Scort, Mississippi, STODDARD, BuTLeER,

Warne axp Igon,

ADRID, PEMISCOT, DUNELIN,

Sr. Francois, PERRY, CarE GIRARDEAT. e
—~<,
Patt
CS

T DEVOTED TO THE PRESERVATION OF PERSONAL,

INCLUDING A DEPARTMEN
RIVATE RECORDS.

PROFESSIONAL AND P

ILLUSTRATED

‘A Reprint Edition
1955

nee ee FTO DA OV

336 HISTORY OF SOUTHEAST MISSOURI.

74; James S. Barnes, 1874-76; Ed. Newsom, 1876-78; William =
Dawson, 1878-84; A. J. Moore, 1884-87; Abraham Hunter,
3 } he Territorial
Wayne County Organized.—In the year 1815 the Tern ne
Legislature passed an act dividing the county of New Ma rid,
and establishing the county of Lawrence with the following
boundary lines: “Beginning at the mouth of Little Red River, on
the line dividing said county from the county of Arkansas; thence
with said line to the River St. Francois; thence up the River St.
Francois to the division line between the counties of Cape Girar- 4
deau and New Madrid; thence with said last mentioned line to =
the western boundary line of the Osage purchase; thence with
the last mentioned line to the northern boundary line of the :
county of Arkansas; thence with the last mentioned line to ae |
place of beginning, is hereby laid off and erected into a separa
and distinct county, to be known by the name of Lawrence County.
Louis De Mun, William Robinson, William Hix, Sr., Morris
Moore, Solomon Hewitt, Andrew Criswell and Isaac Kelly were
_ appointed to locate the seat of justice. In December, 1818, an
~ act was passed for erecting the southwest part of the county
Cape Girardeau and the eastern part of the county of law
into a separate and distinct county, of which the boun oe
were as follows: “ Beginning at the southeast corner of * “i
county of Madison, running southwardly on the ridge pier: 3
divides the waters of Crooked Creek and Castor until it a es
the edge of the “ Big Swamp,” between J enkin’s Creek and ae
tor: thence west to the river Castor; thence down the main ¢ a
nel of the said river Castor until it strikes the New en - :
County line; thence south so far that a due west line will lea -
Edward N. Mathews on the north; thence west”

ati f 3 th 4
Se oars be ence north with said line se far

he Osage boundary line; th aid line |
that a ec wast line will intersect the place of beginning. wal
new county was named Wayne, nn owing On aro a onal :

-en of as the “State of Wayne. -.

ceainiet a fix upon a site for the public buildings were re
ton Bettis, James Logan, Solomon Bollinger, William s ow ¢
Ezekiel Ruebottom, and until the seat of justice was loca —-
courts were ordered to be held at the house of Ransom &™

HISTORY OF SOUTHEAST MISSOURI. 337

In 1854 the records of the county were entirely destroyed by fire,
and nothing could be learned concerning the organization of the
courts.

The first courthouse was a two-story, hewed log building,
which in 1849 was replaced by a brick structure that burned
four years later. Immediately afterward $2,500 was appro-
priated to rebuild it, and Jeremiah Spencer and L. H. Flinn
were appointed to superintend its construction. It was completed
in 1856. The first jail was built of logs, and stood on the south
corner of the public square. It was moved away, and in 1849 a
brick one erected. In June, 1872, $9,000 was appropriated for
a new jail, and 10 per cent. bonds for that amount were issued.
The contract was let to Pauley Brothers, who turned over the
building to the county in March, 18738.

The first clerk of the courts was Solomon R. Bowlin. Thom-
as Catron also filled the office, but was not the immediate suc-
cessor of Bowlin. He resigned in 1849, and went to California.
The office was then administered by Nixon Palmer for a short
time, after which George W. Creath was elected. Wiley Wallis
was one of the first sheriffs.

But few notable criminal cases have come up before the
circuit court of this county. In 1848 or 1849 four brothers named
Greene were tried for murder. Three of them were sent to the
penitentiary, and one, a boy, to the house of correction. They
had killed a man in what is now Bollinger County. About 1854
Joseph Upton was tried, on achange of venue from Ripley County,
for the murder of Parsons Burrows. The case was decidedly
against the defendant, and he was convicted; but Solomon G.
Kitchen, his counsel, succeeded in provoking Judge Jackson into
making unfair rulings against him, and thus, on writs of error,
obtained two rehearings. Upton was convicted a third time, and
pending an appeal died in jail.

List of Officials.—The officers of Wayne County since 1854
have been as follows:

Clerks of the County Court.—George W. Creath, 1854-64;
William T. Leeper, 1865; Albert Lloyd, 1865-67; S. W. Miller,
1SG7-68; A. J. Danforth, 1868-69; George C. Bowen, 1869-70;
E. P. Settle, 1870-74; Schuyler Andrews, 1874-82; John F.
Rhodes, 1882.


712

Lamb soon separated from his young wife,
though upon excellent terms—alleging busi-
ness, etc. Afterward he got infatuated with
another woman, and from that time his young
wife became a source of embarrassment to
him. The outcome was, according to the cul-
prit’s own confession, that Lamb “fon the 17th
of December, 1857, in the afternoon, took his
wife from the Astor House to the upper ferry
landing, where he obtained a skiff in which,
with two other persons, whose names he did
not reveal, he proceeded down the river to
within half a mile of the island below the
city, where he seized his wife and held her
head under water until she suffocated ; then,
tying a rope around her neck, one end of which
was attached to a stone, he threw her over the
side of the boat, and she sank, never to rise
again.” Twice before he administered
strychnine to his wife in order to destroy her.
A fortnight after his dastardly and cold-
blooded crime, Lamb married again. Three
months later he was in the hands of the police,
charged with murder, at the instance of the
father of his victim. After the usual delays
of the law, justice was finally vindicated, and
Lamb. swung.
November 11, 1859, J. W. Thornton was
hanged for the killing of Joseph Oharless.’ The
crime for which he was executed created in-
tense excitement at the time, owing to the
circumstances and the prominence of the
parties concerned. Thornton enlisted in 1844
as a private of the marine corps, on board the
United States battleship Columbus, Com-
modore Biddle commanding. He saw con-
siderable service abroad, having visited
China and Japan, and doubled the Cape of
Good Hope and the Horn. Obtaining his
discharge, he came to St. Louis in 1848, In
1849 he was deputy city registrar under
Lemon: and later received the nomination
for the registrarship from the Benton party,
but failed to be elected. In 1850 he was ap-
pointed secretary of the Boatmen’s Saving
Association, having charge of the books and
receiving a salary, subsequently increased to
$200 per month. This position he retained
for some time, but when the robbery from
the bank of several thousands of dollars took
place, he was suspected and discharged.
Some time following he was arrested and ar-
raigned for the robbery, but was finally ac-
quitted. One of the witnesses against him
was Mr. Charless, against whom Thornton

EXECUTIONS OF CRIMINALS.

conceived a violent hostility. Meeting Char-
less one morning on Market street, Thornton
drew his revolver, and, after some angry
words, fired two balls into that gentleman’s
body, from the effects of which he expired
early the next morning. Public indignation
rose to the fever point. The unfortunate
victim received an imposing funeral, while a
small mob marched upon the jail, threatening
to take Thornton out and lynch him. The
murderer was tried before the criminal court,
found guilty and ordered hanged. An un-
availing appeal was made to the Supreme
Court. The mercy of the Governor was
prayed for, but without avail. At a quarter

" past three in the afternoon, Thornton stood

over the drop, a minute later his body was
dangling in the air. He died bravely. The
remains were taken to the Calvary cemetery.
A crowd of several thousand persons assem~
bled around the jail, drawn by that love of
horror that seems to affect so strongly some
temperaments, though they could see noth-
ing to satisfy their morbid curiosity.

Samuel S. Brust was hanged October 31,
1860, for the murder of Frederick W. Schmidt
in a room of the Green Street Exchange.
Both men were Germans, and friends. Brust
had not made a success in America, and was
about returning to Europe when he chanced
across Schmidt, who befriended him.
Schmidt carried about in ‘a belt something
like one thousand dollars. This excited the
cupidity of Brust, who succeeded, finally,
though not without a desperate struggle, in
cutting his victim’s throat. The crime took
place March 9, 1860. Brust succeeded for a
time in evading the detectives, but was ulti-
mately arrested at Cincinnati; returned to St.
Louis, tried and convicted. During his in-
carceration, Brust, who was a man of great
physical strength, made repeated attempts to
escape by picking away the stones of his cell ”
and breaking the fetters around his legs and
wrists. Brust mounted the scaffold with firm- |
ness, and delivered a speech in German, in ~
which he admitted his crime. Death was ©
instantaneous.

Valentine Hansen was executed April 15,
1862, for fatally shooting Ellig, a fellow Ger-
man, and his landlord. Valentine belonged
to the Second Missouri Artillery, and was sta-
tioned at Fort No. 4. He rented a house of ©
Ellig, adjoining the one occupied by FEllig
himself. Their wives disagreed, and Ellig,

em naortaw< ss F

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EXECUTIONS OF CRIMINALS.

wishing to get rid of the family, raised the
rept upon them. This Hansen and his wife
regarded as a grievance. In order to. be re-
venged, Hansen reported to the sergeant at
the fort that he thought Ellig was a secession-
ist, and asked two men to be detailed to as-
sist him in affecting his arrest. This request
was granted. Hansen, thus reinforced, pre-
sented himself at the Ellig home. Here Mrs.
Ellig denied her husband being in the house.
Upon Hansen insisting, Ellig advanced from
one of the sleeping rooms, remarking: “Here
lam; what do vou want with me?” Hansen
and one of his companions at once began
firing ; but Hansen's shot alone seems to have
reached the mark. A large crowd assembled
to witness the execution, but the curiosity
of the morbid was not gratified. The fall
was badly managed, and there was a long
and painful struggle before the end was
reached.

William Wilson suffered the extreme pen-
alty of the law June 27, 1862, for the murder
of Policeman John C. Gilmore. Wilson,
with another man of the name of Burns, be-
ing wanted for a burglary attended with vio-
lence, Sergeant Gilmore, with two other po-
licemen, went to a well known resort of the
parties, on Thirteenth and Chamber Streets,
to arrest them, but found there only their
women “friends,” who signaled to the crimi-
nals to keep away, by means of displaying
lights in the window. This the officers
finally stopped. As the men still avoided
the place, Gilmore instructed his fellow-off-
cers to leave by the front door, and so allow
him to effect the capture alone. Thinking
the way now clear, Wilson and Burns slunk
in by the back door, but only to be con-
fronted by Gilmore. A conflict followed, in
which Wilson shot Gilmore in the throat.
For this Wilson was hanged, the jury dis-
agrecing as to Burns. Wilson was a notori-
ously bad man, who had previously been ar-
rested for murder, burglary, larceny and for
nearly every other crime in the calendar.

Michael Kearns, a native of Ireland, was
hanged January 23, 1863, at St. Louis, in the
presence of some three hundred persons and
a guard of twenty men of the Thirty-seventh
lowa Regiment, assigned for the purpose of
maintaining order. The crime for which he
forfeited his life was the murder of Robert
taker. Kearns was connected with the river
traffic, and was a man of drunken and dis-

713

solute habits. In company with Thomas
Smith, he had a quarrel with Baker, whom
both proceeded to attack. Baker defended
himself as well as he could, when Kearns,
drawing a knife, struck him a fatal blow. For
the killing Kearns and Smith were put upon
trial, November 26, 1862. Both men were
found guilty, and sentenced to be hanged.
Hamilton R. Gamble, Governor of the State,
granted a respite, but in the case of Kearns
the law was finally allowed to take its own
course. Thomas Smith, was, however, at the
last moment, granted a further respite, and
was never hanged.

July 23, 1869, William Edwards, alias
Roach, was hanged for the murder of Louis
Wilson. The execution aroused some angry
comments. This is what the “Missouri
Democrat” had to say about it: “If he had
been a wealthy white man, no jury in the land |
would have convicted him. Look at the cir-
cumstances. The wife of Edwards was
grossly insulted at a ball. When she resented
the insult by calling the man a liar, he struck
her; knocked her down. Her husband, be-
ing present, as a matter of course went to her
assistance. In the fight which ensued he slew
the man who had insulted and struck his wife
and he was hanged for it.” When Edwards
was hanged the jail yard was crowded with
spectators, and some of the windows of the
Laclede Hotel were utilized by sightseers.
The drop being too long, the unfortunate
man’s feet touched the ground. The marshal,
aided by some of his assistants, took hold
of the rope so that the dangling victim was
clear of the ground. Governor McClurg was
severely criticised for denying all execu-
tive mercy.

October 22, 1875, Henry Brown, colored,
was hanged at the city jail for the murder of
a farmer of the name of Pfarr. The crime was
one of unusual enormity. The brute died
protesting his innocence, although his guilt
had been proven beyond the possibility of
doubt. So eager were some to witness the
execution that the roof of a house opposite
the west wing of the Four Courts was crowded
by people who had paid $1.50 each for the
privilege of standing room.

Wife murder is one of those crimes for
which juries and Governors have no mercy.
It was for such an offense that Patrick O’Shea
was hanged at the county jail on the morn-
ing of April 9, 1875. The ghastly deed was


EXECUTIONS OF CRIMINALS.

+
ny
re

“ol St. Louis. He was indicted by the grand
at a special term of the oyer and terminer
gourt held at St. Louis, August 14, 1809, for
‘wurder in the first degree. He was tried
August 21, found guilty and sentenced to be
He was duly executed on the date
bove given. This was done after the primi-
é methods then in vogue, and which, it may
bevof interest to note, were closely fashioned
ter those prevailing at Tyburn, where so
ny famous highwaymen of romance paid
fhe last penalty of the law. John Long, Jr.,
duly escorted, was driven up to the place of
‘execution in a cart. The scaffold was a sim-
slé contrivance, consisting of two upright
pasts across which a horizontal beam was at-
From the beam hung a rope. The
demned man was driven under the scaf-
fold, and the rope was adjusted with a run-
ping noose around his throat. When every-
thing was ready the cart was driven forward,
Jeaving the culprit dangling by the neck.
Death came to murderers in those days not
! tmercifully by sudden dislocation of the neck,
hut slowly and painfully by strangulation. It
is worth noticing that execution followed
judgment in less than a month, which many
il regard as an improvement upon the ex-
ng dilatory methods in murder cases. It
y be stated that the old custom, still ob-
served in England, was to allow three Sundays
i intervene between sentence and execution.
This custom seems, whether knowingly or
erwise, to have been observed in the case
John Long, Jr., the first murderer hanged
¥ due process of law at St. Louis.
For the next forty years or so the records
not accessible beyond the following mere
@iumeration for St. Louis. Hugh Kink was
Wanged for the murder of Martin Green, May
#8, 1827. Madison, alias Charles Brown,
lames Seward, alias Sewell, and Alfred, alias
pheus Warrick, all colored, were hanged
Spuly 9, 1841, for the murder of Jesse Baker
SO) ae
d Jacob Weaver. A man named Johnson
s hanged for killing one Floyd, the date of
ution being March 3, 1843. John Mc-
Daniel and Joseph Brown were hanged Au-
sgrast 16, 1848, for the murder of one Chavez,
’@ Mexican.
BS) Hugh Gallagher was hanged, Decemver 13,
‘aso, for the murder of Mary Ann Crosby.
ebruary 14, 1851, John Thomas was hanged
Duncan Island, in the presence of a crowd
tated as fully ten thousand, of whom two

711

thousand were women and children. He was’
attended upon the scaffold by Rev. Fathers
Paris and Hennessy. He met his fate with
fortitude; his last words were: “Gentlemen
and fellow-citizens: I bid you all adieu; I
give myself up to the will of the law and to the
Lord’s mercy.” Owing to some improper
arrangement of the noose, the fall failed to
break the man’s neck. He hung for seven and
a half minutes before giving the last death con-
vulsion. His death was produced by suffoca-
tion. The crime for which he suffered the
final punishment of the law, was the killing
of Michael Stephen, a retired soldier, resid-
ing near Jefferson Barracks. The men were
slightly acquainted. The murder was appar-
ently perpetrated on the highway, the body
being discovered in an adjacent wood,
Thomas was suspected and was arrested on
a Carondelet Avenue omnibus. His shirt
and boots were covered with blood. Some
eighty-seven dollars in gold and silver, and
also a leaf or two, torn from a book which had
been previously found in Stephen’s pocket,
were found in his possession.

Dodge, alias Vanzandt, and Schoen, alias
Shawnee, were hanged July 22, 1853; the gal-
lows used for the purpose being erected in
the space between the criminal court room
and the jail, so that none could see the final
struggles save those within the jail walls.
None the less a large crowd were assembled
from early in the morning until the execu-
tions, in the vicinity of the jail, availing them-
selves of sheds in the neighborhood to catch
a glimpse at the unfortunate culprits. Both
men made short speeches. Dodge, or Van-
zandt, asked all present to take warning, by his
fate, and ended by thanking the jailer and his
family for their kindness. Schoen expressed
himself as willing to suffer for his conduct,
and expressed his gratitude for the efforts
made on his behalf by his American and Ger-
man friends. The bodies were buried in
Rock Springs Cemetery.

On the morning of June 17, 1859, George
H. Lamb was executed for wife murder.
The crime was deliberately planned and
as deliberately executed. Lamb had been
religiously brought up, his father being
a farmer in comfortable circumstances.
In 1856 Lamb met and secretly married
Sarah Stafford, a handsome girl of eight-
een, described as of excellent disposition
and rather more than ordinary education.


714 _ EXECUTIONS OF CRIMINALS.

done with a pocket knife, and presented many
features of atrocity. Patrick O’Shea met his
end with bravado. Speaking to Deputy
Jailer Fortin, on the eve of execution, he re-
marked jocosely: “Mike, I feel just as happy
as a king, and I wish you’d tell Watson that
if he can’t tie the knot, to bring the rope to
me and I'll tie it for him.” At the same time

he denied his guilt, declaring that no one had

seen him commit the crime.

Three Sicilians, Dominico Damina, Basti-
ano Lombardo and Antonio Catalano, were
hanged February 18, 1876, for the murder of
Francisco Palermo, an Italian lemon seller,
twenty-five years old., The crime was com-
mitted on the morning of March 13, 1875, on
Broadway, between Bremen Avenue and An-
gelica Street. There, as Palermo was walking
with his basket of lemons, he was fired upon
by one of two men, who were hid behind an
old board fence on the same side of the street.
Palermo turned and ran across the street, but,

upon gaining the sidewalk, two shots were ,

fired upon him from a lumber pile only a few
feet away. He fell mortally wounded. The
man had been regularly ambushed, and there
was no doubt that his destruction was delib-
erately planned. Suspicions fell upon five Si-
cilians. By following the footsteps of the
wife of one of these men, the detectives suc-
ceeded in effecting their capture. The case
coming to trial, the jury found no difficulty
in finding the three men named guilty, and
they were ordered to be hanged. The case
was carried to the Supreme Court, upon ap-
peal, but without changing the result; and
executive mercy being refused, the sentence
was duly carried out. That Palermo was
himself a desperate character was probable.
Indeed, the defense charged that he had killed
his own uncle, and that his putting away was
but an act of self-defense. As Damina as-
cended the scaffold he is said to have kissed
the scaffold quite affectionately two or three
times. An incident quaintly reminiscent of
the fierceness of the old Calabrian vendetta,
which regards satisfied vengeance as the su-
preme happiness.

William Wiener was hanged February 1,
1878, for the murder of James M. Lawrence.
Wiener was a young man of but twenty-one
years of age, and his case aroused much sym-
pathy, as the fatal shooting for which he was
executed resulted from the misconduct of his
worthless wife, who, by her vagaries was known

as “Crazy Jane” among her set, which was of
the most vicious. The pair were separated,
but the woman seemed to take a delight in
pestering her husband. Wiener was engaged
as an assistant watchman and “bouncer” at
the Opera Comique; and there “Crazy Jane”
would go in one of her drunken spells. On
the night of January 29, 1877, Lawrence, who
was assistant barkeeper at the saloon adjoin-
ing the Opera Comique, called Wiener down
to see his wife. It is said he did not know of
the unhappy relations existing between the
pair. Be that as it may, upon the departure
of the woman, Wiener accused Lawrence of
having done him “a dirty trick.” High
words followed. Lawrence seized a soda bot-
tle, to throw at him, and Wiener drawing his
revolver, shot him with fatal results. Ap-
peals were made for executive mercy, but
without avail.

The crime for which Henry J. Redemeier
was hanged April 23, 1880, was of particularly
deliberate and callous character. A stone
mason named Vosz was engaged with some
six others, in setting a heavy stone in a foun-
dation, when Redemeier (who had no ap-
parent business on the premises) was seen to
approach. Pushing the muzzle of his weapon
within three inches of Vosz’s head, he fired.
One of the workmen attempting to interfere,
Redemeier pointed his pistol at him, and or-
dered him back. He then again advanced,
and with the words, “I guess he ain’t dead
yet; I’ll give him another,” once more fired
into Vosz. When in the lock-up, Redemeier
remarked coolly, “I’m glad I did it, | done my
work well.” Upon his arrest he admitted
that he “had it in for Vosz for two years.”

Edward Nugent was hanged the same day
for the murder of his wife, which crime was
committed August 20, 1876. ‘The woman, it
appears, had refused to serve him with a meal,
which hhe had demanded; but a long series of
family jars seems to ‘have preceded. The
woman appears to have used her tongue freely,
working her husband up to an “intense pitch
of excitement.” The son and daughter of
the condemned man united in petitioning the
Governor for mercy, but the law was allowed
to take its own course, the chief ex-
ecutive regarding the case as one of
“willful, deliberate and premeditated wife
murder.” The double execution of Nu-
gent and Redemeier took place before
an assemblage of some seven hundred


<a

DONALD BARNES

rresiding Judge, 18th Judicial Circuit

415 South Ohio Avenue
SEDALIA, MISSOURI 65301

ty

64093

Central Missouri State Universi

Dr. Harriett Frazier
Warrensburg, Missouri

Co., le

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yor er OLw a9

Wen. Cor canto ( o rae

S'20 Knew the.
? a Real Nera

Scat


660 STATE OF MISSOURI.

The State vs. Jeffers, during the same year, has “a woman in
the case.” In Illinois Jeffers had too much of a Mormon incli-
nation and secured two wives, but clung to the second one until
she found out the situation. They were living in Memphis,
Tenn., and it was decided that she should go North until he could
secure a divorce from his first wife. Meanwhile she concluded
to have a husband of her own without any incumbrances, in the
person of a lawyer, A. Spencer. Jeffers concluded to kill Spen-
cer if he learned of his whereabouts, He moved to Little Rock,
Ark., and one day read a speech “delivered by A. Spencer at
Linn.” Jeffers immediately appeared at Linn and tried to secure
his wife, but she preferred Spencer; he then went down to Thomp-
son’s saddler-shop, on the west side of the court-yard, and shot
Spencer (who happened to be there) and killed him. Attorney
Mosby prosecuted him and secured a sentence of ten years for
him, but a new trial changed this decree. Senator Ryors and
others defended.

The State vs. James Bishop was tried in 1879. About 1873
James Bishop and a Mr. Hoops were living on adjoining farms.
Hoops had insulted Mrs. Bishop when he was under the influence
of liquor, and Bishop told him he would kill him if he ever
attempted such a thing again. On one occasion it fell to Mrs.
Bishop’s lot to do a neighborly kindness in cooking for Mr.
Hoops’ children at her house, and it was shown in the evi-
dence that Hoops had found out from the children that Bishop
was away from home; that he had his children all go up stairs
and play while he went over to Bishop’s house, and after awhile
returned; that Bishop came home and found his wife crying and
bruised from Hoops’ assault; and that Bishop took his gun and
went over and shot Hoops, killing him instantly. Attorney
Ryors and others prosecuted and Belch and others defended, in
Osage, after Bishop had lain for several years in various jails
through changes of venue. He was cleared.

The State vs. James W. Phelps was first tried in 1881, taken
to the supreme court, and remanded for another trial in 1883.
The first trial sentenced him for ten years and the second acquit-
ted him. Phelps had some trouble with a young man named
Jett, and one day when the latter passed the house a quarrel
ensued and (Phelps claimed) Jett attempted to stab him, where-

HISTORY OF OSAGE COUNTY, 66.

upon he turned on Jett and shot him as he started to run. Th
evidence came chiefly from Phelps and his family and a school
teacher near by, who heard the report of the gun and saw Jet
fall near Phelps’ house. Mr. Mosby prosecuted the first time
and Mr. McCord thesecond. Senator Ryors and others defended

The State vs. Wesley Green was brought from Maries County
in 1883. It was a case of circumstantial evidence concerning
the murder of an old woman whose body was found along the
Gasconade River. It resulted in acquittal.

The State vs. Stephen Decker closed in 1885 with an acquittal,
Decker was a youth of about seventeen years. One winter day
he and an older brother were having a few words about some
caps in Stephen’s possession, and his brother attempted to take
them from him, whereupon Stephen stabbed him, Attorney
Marquand and others prosecuted, while Messrs. Mosby and Ryors
defended. He was acquitted.

The State vs. O. Willis and G. Smith was tried in 1888,
These parties were of the genus “tramp,” and their appearance
at Chamois with some new shoes and other goods they were offer-
ing to sell, together with the fact that a car had been broken
open on the Missouri Pacific Railway between Chamois and
Sedalia, made a case against them. The goods were compared
with the missing ones of the car with the broken seal, and under
the prosecution by Attorney Henry Marquand the older tra mp
was given three years and the younger two years in the peniten-
tiary. Samuel Mosby defended.

Probate Courts.—The work of this court has been partly
done in the county court and partly by independent court—
chiefly since 1874. N othing of striking interest has occurred in
its business. It lasted from February 11, 1847, to February 5,
1849, and since 1874.

Attorneys.—The resident bar of Osage County has not been
SO numerous as the population of the county would generally indi-
cate. In the order of their arrival or admission the members have
been as follows, all except two being residents of Linn: J udge
Peter B. McCord, —— Buffington, Aug. Rainey, William Rey-
nolds, J. C. Burch, Joseph Mosby, George W. Hopkins, Judge
Adam Miller, Thad. Zevely, C.G. Clemens, Samuel Mosby, Sen-

656 STATE OF MISSOURI.

well governed, and the excellent character of those who deter.
mined the policy of the county during the trying period of the
Civil War also had much to do with it.

Early Courts.—According to the provisions of the acts organ-
izing the county the first court met at Thomas Robinson’s home,
and the following proceedings were had:

Stats oF Missouri, of
county or osagn, — ¢ Slécit.

Be it remembered that at a circuit court begun and held within and for the
county and State aforesaid at the house of Thomas Robinson, the place appointed
by law for holding court in said county, on Thursday, the tenth day of June, in

_ the year of our Lord one thousand eight hundred and forty-one, it being the

Thursday before the second Monday of said month, were present the Honorable
William Scott, judge of said court; Samuel Mansfield Bay, attorney-general;
Zachariah Isbell, sheriff, and Eli McJilton, clerk.

In pursuance of a venire facias to him directed, the sheriff returned here
into court the following panel of grand jurors, summoned within and for the
county of Osage, to wit: Camm Seay, whom the court appointed foreman; John
W. Alcock, John Gibson, William Huber, Harrison Holloway, Robert Phelps,
Balis Laughlin, Joseph Morrow, James Hilton, Joseph Holloway, Phillip I.
Smith, Davis S. Woody, Lemuel Toler, Henry Woody, George Wilson, James
Ose (?), James Daniel and Peter Vaughan, eight good and lawful men, who,
being duly impaneled and sworn, after having received a charge from the
court, retired from the bar to consider their presentments.

[ Here follows the first case—of debt—of Jabez B. Fisher vs,
Elijah White and W. Huber, the presentment of nothing by the
grand jury and their discharge; an attachment case of Robert
Moore vs. John D. Cohorn; the first appeal from a justice’s court
—the case of James Robinson vs. James Estes; a few convey-
ances; an order for the manner of presenting equity cases; the
report of the locating commissioners, showing 120 acres (east
half northeast quarter Section 18, Township 43, Range 8, and
southeast quarter southeast quarter Section 7, Township 43,
Range 8) entered by the county for county seat purposes; and
the allowance of sheriff’s fees. |

It was then ordered that court should adjourn until court in
course, the next term to be held at the house of Elijah White.

The courts then followed the county courts before described,
and Judge J. M. Morrow assumed control of the second term at
Mr. White’s. Since the location of the court at Linn Judge
Morrow has been succeeded by Judges G. W. Miller, James

Owens, D. Q. Gale, P. B. McCord (whose death occurred a few

HISTORY OF OSAGE COUNTY.

hours after qualification), A. J. Seay, and Rudolph Hirzel, the
present incumbent. Although there was little business during
the war the court was not perceptibly disturbed, and the records
are continuous.

First Cases.—The first attorney enrolled was James K.
Sheeley, in 1841, at Elijah White’s; the first ejectment case, of
Joseph Edmundson vs. Franklin County; the first application for
naturalization, by Louis Rothkopf, of Prussia; the first indictment
—the State vs. Mark Sullivan “for suffering a slave to retail
spirituous liquors;” the first felonious assault case, against Reuben
Billew; the first case of dram-shop kept without license, against
James Singleton; the first injunction case; the admission of Ben-
jamin M. Lisle as attorney; the first slander case, W. T. Page vs.
Levy Mendon, and the first Sunday liquor-sale case, State vs. W.
Lamkins, all occurred in 1841 at courts held at Elijah White’s.
Dram-shop cases and naturalization were the most frequent acts
of the court for some years.

The first murder case—the State vs. Nancy Shockley, which
was nolle prossed in 1845; the first case of trespass—W. §.
Fairbank vs. several persons; the first larceny case—State vs.
Thomas Reynolds and James Gibson and S. B. Penrose, and the
first foreclosure of mortgage, all came up in 1842 at the courts
held at the home of Adolphus Mengese, at Cave Spring. There
are but few counties, probably, which will surpass Osage in the
number of its cases of naturalization from 1842 down to the
present.

The third attorney’s (F. A. Kownslar) admission; the first
gaming case—State vs. Alf. Smith; the first adultery case—State
vs. James McDaniel and Louisa Hauks; the first rape case—State
vs. Elisha Loftes, and the first divorce case—John Boon vs. Stacy
Boon, were all brought up in the courts held at Van Buren in
1848, before September 5, when the first court was held at Linn,
where during that year the first case of keeping ferry without
license—State vs. J. Clarkson, and the first “dealing with a slave”
—State vs. J. B. Valentine, were had. In 1844 occurred the first
riot case—State vs. three Phelps, Hameard and Arvin, and in
1845 the first appeal from the county court, and the first bigamy
case—“ State vs. John Tenison.” In 1847 the second murder


658 STATE OF MISSOURI.

case—“ State vs. Jesse P. Loller,” the verdict being “ not guilty ;”
the first of road-overseer neglect—* State vs, M. Wilhight;” the
first probate appeal—A. S. Walker vs. Z. Isbell, and the first
‘inhuman treatment of slave ” case—State vs. Newton Carry (not
guilty), all came up in court. Gaming cases were very numerous
about this time.

the first case of forgery—State vs. W. H. Crouch (continued
generally ), and the first Sunday labor case—State vs. Isaac Miller
(fine, $1), were tried in 1848, and in the following year occurred
the first case of violation of merchant and physician license laws,
_ the former against John Pfineger and the latter against John
Giles. When Judge G. W. Miller began, in 1851, gambling
cases were frequently on the docket, and in 1852 were had the first
cases of horse-racing unlawfully and betting on election, against
George Bishop and Thomas Robinson, respectively. In 1854
came the first case of “holding stakes ’—State vs. O. H. Gregory
(fine, $1), and in 1855 the first perjury case—State vs. F. Len-
ning (not guilty). In 1857 the first burglary case and the
first “misconduct as public miller,” the latter against G. W.
Pryor (fine, $10), occurred. The grand jury first reported a
public building (jail) unfit for use in 1858, and in 1859 the first
case of ‘killing a stray”? was had. Disturbance of public wor-
ship was impressed as a subject of legal action for the first time
in 1860. During the war unlawful sale of liquor was the most
frequent case to appear; the necessary Federal oath was often
administered also; gambling and general reconstruction cases
up to 1866. During this year, with J udge J. W. Owens on
the bench, the first arson case occurred, and the first use of the
habeas corpus privilege. The first obituary to appear on the
records was in 1867 on the death of Attorney Thad. Zevely.

Since the war the only new developments of noticeable extent
were the numerous delinquent tax cases of 1878, J udge D. Q.
Gale took the chair in 1868, Judge A. J. Seay in 1875, and the
present incumbent in 1887.

Prominent Cases.—The cases which have attracted most
attention in Osage County have been chiefly criminal, and those
are few. { There has never been an execution in the history of the
county, nor a case of lynch-law—or lawlessness, rather.

9) Sse EEREERN TENE gy ‘en srpeamneretenenaemeeeanteetneeNNmEnnimensenae

HISTORY OF OSAGE COUNTY. 659

The State vs. John Usher was brought to the county by venue
in 1853. Usher and his father had had a sort of feudal feeling
between them for some time, when one day he took some whisky
and went to the old man’s shoe-shop for the purpose of reconcilia-
tion. The result was the old man became “dead drunk,” and
John went away. His wife—John’s stepmother—found her hus-
band and went back to another room, and, barring the door, she
and other members of the family remained there; the next morning
the old man was found murdered, and a case was made against
John. Attorney Gardenhire prosecuted and General Parsons
defended, securing the young man’s acquittal.

The State vs. William Rogers (1870) was for the murder of a
peddler. A change was taken elsewhere, and he finally received
a sentence of forty-nine years in the penitentiary.

The State vs. Buchanan was finished in 1873. Buchanan
was at Chamois on a drinking spree, and as a mere diversion,
which such a carousal often demands, he began slashing with his
knife in every direction, finally cutting a man named Hughes
very severely. Samuel Mosby prosecuted and Messrs. Ryors,
Belch and Seay defended. The sentence was two years in
penitentiary.

The State vs. John Niekamp et al. was closed in 1876. The
Niekamp brothers, Smith, and a man named Bennart were at
Loose Creek engaged in a drunken carousal in which Smith killed
Bennart and escaped. The accessories were arraigned and
prosecuted as such by Samuel Mosby, who secured the convic-
tion of one—John Niekamp—and the sentence given was three
months in jail and $100 fine. Senator Ryors defended.

The State vs. Antone Fork was also tried in 1876, and was a
peculiar case of Sunday peace-making! At Koeltztown one
Sunday a drinking bout ended ina general row; Antone Fork
was not in the row at first, but heard it as he was passing, more
pleasantly engaged. It occurred to him that with a good wagon-
spoke and his strong right arm he could go into that crowd and
command peace; no sooner thought than done, but the case was
too aggravated for the simple presence of his magic wand of
peace, and he had to kill a man named Cox, and wound the lat-
ter’s father. In court the peace-maker was acquitted. Samuel
Mosby prosecuted and Messrs. Ryors, Belch and others defended.


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In the Gupreme Court of Missourl.
October Term, 1995. Division No, &. .
state of Missouri, Respondent .

Leif
vs Appeal from St. Prancois County Circuit Court.
0, P. McCarver, Appellant. -

Now at this day, come again the parties af

Bpective attorneys, .and.th

Mei. ie i i lal i
of and concerning the premises, down conpider and adjudge that thes

by

judgment aforesaid, in form aforesald, the said (it. Francois County

Circuit Court rendered, be in all things affirmed and stand ia full

force and effect; and that the said respondent recover apainst tne saic

. juieert |
appellant its costs and seinem Sia chnnre and have therefore.
execution. And it is Curther conside rea |

the judgment and sentence of the Si. Francois seumny talkie cou

: pes
upon the gaid O. P. McCarver appellant herein, to be executed. 0

5th day of January, £905, be in all things executed by the shert?

Ste Francois County, Missourt, on Thursday, tne 19th day of Apridy
6 TE yi yt :

1906. (Opint on filed). Joie an i aatainagenal a or

aaa) Nyaa LT A yes \

state of itissouri. Sct. a
Wes ie “se

I, John R. Green, Clerk of the Cupreme Court of the State

Le

of Missouri, certify that the foregoing is a full, true and complete»

we

‘ rea
transcript of tne judgment of said supreme Court, entered of record at,

the October Term thereal, 1905, and on the Gta day of March, 1906,

the above entitled cause.

Given under my hand and seal of said Court, at the

City of defferson, this L?th day 2 warcn, 1906.

bo. Py Sand

Clerk. ;


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be built on the public square. =~

th

present were Moses Austin,

. 310 :

Pee _ COUNTY ORGANIZATION, COURTS, ETC.

Judiciary of Ste. Genevieve Disirict.—The court of qu
"sessions of the peace for Ste. Genevieve District was organ
; house of Andrew Buat, on December 11, 1804. The judg
Jacques Guibourd, Benjamin Stro

John Hawkins and Francois Valle.

the United States present, William C. Carr was appointed
prosecutor protem. Israel Dodge, |
the following venire:
Price, Joseph Pratte, Andrew
Charles Smith, Robert J. Brown,
Thomas Alley, Abraham Baker,
phy, Francis

Burget, Samuel Bridge and Aquilla

pointed constables as follows:
Peter Leural, Ste. Genevevie; Joseph Tucker, on the Sali

the Saline and the Cape Girardeau
and Bernard Foster, of Mine @ Burto
receive proposals for the buik

Thomas Donohoe, between
line; John Paul, Belleview,

Israel Dodge was appointed to
‘ing of a jail 25x15 feet, with do

Atthis term the grand jury m

next term was held in March, 1805, at which time, Nicholas
Gabriel Keith, James Hunter, Henry Dodge,
and Jeremiah Able were indicted, and convicte

battery.

At the September term the jail was reported finished. it
At the same time Henry Dodge qual
ff. In December the judges present were St. Gem

was built by J. B. Valle.
ified as sheri

Beauvais, P. Detchemendy, Camille

Andrew Henry and J. Donohue. The judges changed frequently
and during the next year (1806) there appeared John Smith T.,
Francois Valle, Nathaniel Cook, John —
Callaway, Isidore Moore, Amos Bird, John Perry and William :

John Hawkins, J. B. Valle,

James.

The tax levy for 1805 amounte

district.

The assessors were John

HISTORY OF SOUTHEAST MISSOURI.

sheriff of the district, returnec
Joseph Spencer, William Hickman, Joht
Henry, Paschal Detchemendy,
John Stewart, Charles Bates
William Murphy, David Mur
Clark, Camille De Lassus, James Hunter, J

Andrew Morris, New Bour

uble walls of timber one |
d with rocks. The jail was

dto $1,171.94, for the whol

There being no attorney f

Low. The Court then ap

ade no presentments.

De Lassus, Charles Smith

Perry and Nathaniel Coo:

HISTORY OF SOUTHEAST MISSOURI. van

for the settlements on Big River, the Mines, Belleview and the
Murphy settlement, and J. B. Valle and Thomas Maddin for the
settlements on the Mississippi and Apple Creek.

In 1807 the district was divided into six townships: Breton,
Belleview, St. Michaels, Big River, St. Genevieve and Cinque
Homme. In 1814 Saline Township was formed from the town-
ships of Ste. Genevieve and Cinque Homme, including all of the
south part of the present county of Ste. Genevieve and the west
part of Perry County. At the same time Platin Township was
laid out to include all of the district north of Isle au Bois Creek,

and east of Big River.

No courthouse was built until 1821. The courts prior to
that time had been held in various dwellings. In 1808 James
Maxwell received $50 for the use of the parish house. The
tavern of John Price was used frequently, and after 1814 the
courts met regularly at the house of Henry Dodge. This build-
ing is still standing, nearly opposite the courthouse, and is
occupied as a saloon.

Prior to the organization of the circuit court, courts of oyer and
terminer were held from time to time, for the trial of felony
eases. At one of those begun on July 9, 1810, the first convic-
tion for murder occurred. The judges were Otto Shrader, Amos

Bird, St. Gem Beauvais, William James, and Nathaniel Cook. —

The defendant was Peter Johnston who was indicted for the
murder of John Spear, in Big River Township, on May 20, 1810.
Edward Hempstead was the attorney-general, and Henry M.
Breckenridge and James A. Graham were assigned to defend the
prisoner. A verdict of guilty of murder in the first degree was
returned, and the prisoner was sentenced to be hanged on the
8d of August. It was also ordered, as a part of the sentence,
that the body be delivered after death to Dr. Walter Fenwick
for dissection. The execution took place on the hill near the
academy building in the presence of all the people of the town.

The second conviction for murder took place in the month of
February,1812, J. B.C. Lucas and Joseph Pratte being the judges.
Charles Heath was convicted of the murder of Hugh Jones in the
township of Breton. His attorneys were Richard S. Thomas and
Andrew Scott. He was hanged on Academy Hill on March 9,


GOODSPEED'S

TISTORY

——or——

SOUTHEAST MISSOURI.

nm

E-MBRACIN

a

G an HisroricaL AccoUNT OF

BoLuincER, Mapison, NEw Maprip, PEMISCOT, DUNELIN,
Scort, MussIssiPri, STODDARD, BUTLER,
- WaxsE AND Tron,

Tae Countizs or STE. GENEVIEVE, ST. Francois, PERRY, Care GIRARDEAT. :

we tn ce SES Be PA eS

INCLUDING A DEPARTMENT DEVOTED TO THE PRESERVATION OF PERSONAL,

PROFESSIONAL AND PRIVATE RECORDS.

ILLUSTRATED

_ & Reprint Edition
1955 oe

eee BOS tee A OO nabs =
Sega rere mer |


312 HISTORY OF SOUTHEAST MISSOURI.

~ 1812. These have been the only two executions in the his
of Ste. Genevieve County. Many fatal encounters, however, ]
oceurred, which excited great interest at the time. One of
took place in the year 1816. The parties were Auguste De Mu
a son of Jacques De Mun, captain of dragoons of St. Domingo,
and an early settler in New Bourbon, and William McArthur, a
brother-in-law of Lewis F. Linn. Both were candidates for the
territorial House of Representatives. The former had repeate
some slanderous statements concerning McArthur’s alleged
nection with counterfeiters, which, coming to his ears, caused hi
to send a challenge to De Mun, who refused to accept it on th
ground that McArthur was not a gentleman. This incensed
McArthur, and he denounced De Mun asa coward. The quar
had now reached astage where each proposed to kill the other
sight. They met on the stairway at the courthouse, De Mun going.
up and McArthur coming down. Both fired, and De Mun fell”
mortally wounded, while McArthur remained unhurt, and was ~
never arrested or brought to trial.
_A very tragical event occurred in the year 1811 in the for
of a duel between Thomas T. Crittenden, and Dr. Walter Fe
‘wick, both residents of Ste. Genevieve. _ Fenwick was one of
or five brothers, who came te Louisiana Territory about
beginning of the century. Three of them, Ezekiel, Thomas an
James, lived in Bois Brule Bottom, in the neighborhood of
Brazeau. Ezekiel did not bear the best of reputations, and had
been-tried for larceny at Ste. Genevieve. Crittenden was @
lawyer, and a brother of Senator Crittenden of Kentucky. Dr.
Fenwick was a very worthy citizen, a skilled physician, and held
a high position in society, and originally had had nothing to do
with the quarrel which led to the duel. The difficulty, the exact
nature of which is not remembered, arose between his brother
Ezekiel and Crittenden. Crittenden had acted as attorney-
general in some cases, and perhaps had had something to do
with the prosecution of Ezekiel Fenwick, but this is not certain.
Whatever may have been the cause, Ezekiel Fenwick sent by the
hand of his brother, the Doctor, a challenge to Crittenden. —
Crittenden refused to meet Ezekiel. This the Doctor took as a
personal affront, and immediately offered himself in his brother’s -

- 'WISTORY OF SOUTHEAST MISSOURI.

which was accepted. The meeting took place on October
1,1811, on Moreau’s Island opposite Kaskaskia. Gen. Henry
Dodge and John Scott were the seconds. At the first fire Dr.
Fenwick fell mortally wounded, and died the next day. Critten-
den remained unhurt. Dr. Fenwick was buried in the old Cath-
olic cemetery, and his grave, marked by a sandstone slab, bearing
the inscription: ‘ Doctor Walter Fenwick, born 1775, died
Oct. 2, 1811,” may still be seen.

In the year 1830 the famous John Smith T. was tried for
murder. Smith came to Louisiana Territory about 1803 from
Roane County, Tenn., where he had lived for several years,
and had held a large tract of land in defiance of all other claim-
ants. When he reached Missouri he located at Shibboleth, in
what is now Jefferson County, and engaged in lead mining. At
this time there was more or less conflict .over the title to the
mines, and he championed the cause of the miners against the
owners or claimants, and even went to Washington to look after
the interests of the former class. There was nothing in his man-
ner or his personal appearance suggestive of the desperado, and
yet, it is said, that no less than fourteen men met their death at
his hands. He was under the medium size, of slight, wiry build,
and ordinarily was mild and courteous in his manner. He had a
sort of mania for fire-arms, and kept his house stocked like an
armory. He was a good mechanic, and two of his slaves were
skilled workmen, and together they manufactured the fire-arms
he used, which were of superior accuracy and finish. He was of
a restless and adventurous disposition, and when Burr was about
to make his contemplated invasion of Mexico, in company with
Henry Dodge, he started to join it, but turned back upon learn-
ing of Jefferson’s proclamation. He also organized a company
to gain possession of the lead mines around Galena, but was
driven away by the Indians.

The murder for which he was tried, as mentioned above, oc-
curred in September, 1830. Smith had come to Ste. Geneviere,
and was stopping at a tavern kept by William McArthur. There
he met a young man named Samuel Ball, and drank with him
several times. While the two were alove in the bar room they
became involved in a quarrel, and Smith with his ever ready


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1000 HISTORY OF WARREN COUNTY.

justed and the black cap drawn down over his face, shutting out the
light of heaven forever trom his view. Sheriff Howard pushed the
lever and at exactly 7:37 William Foster had gone to the presence of
his Creator.

The identity of the murdered man never was established, although
every effort was made to ascertain who he was.

THE TAYLOR MURDER.

Foster suffered the penalty of his crime on Monday, July 19, 1876.
The community breathed easier, and there was a general hope that
Warren county had satisfactorily demonstrated that lawlessness and
crime could not be committed with impunity within its borders.

But on the very next day another deliberate and premeditated kill-
ing occurred near Pinckney, in the south end of the county.

A white man named Samuel Taylor lived with his wife and several
children in a hut on the Pinckney bottoms, about two miles from the
Missouri river. In the vicinity lived a negro named Daniel Price.
For some time Taylor had suspected that Price was criminally inti-
mate with his wife, and as the testimony afterward showed, had
spoken to several friends regarding the matter. On the day that
Foster was hung at Warrenton, Taylor and his wife had a quarrel.
Taylor took his fishing tackle and started for the Missouri river.
Shortly after his departure Price, who had heard of the quarrel, went
over, but returned in a few moments, remarking to a friend that Tay-
lor and his wife had had a ‘‘fuss.’’ Price then loaded his gun and
started off in the direction of Taylor’s house for the purpose, as he
said, of securing a squirrel for supper.

Nothing more was seen or heard of Price until the next morning,
when he returned without any game, and explained his absence by
saying that he built a fire and laid down and slept until morning.

Shortly after Price’s return Mrs. Taylor, accompanied by one of |

Price’s daughters, came to the house after some flour, and informed
an.aged negro, ‘ Uncle Dick,’’ that.her husband hadn’t come back the
night before. Dick remarked to Mrs. Taylor that he had staid by
himself all night without anything to eat. The woman then inquired
where Price was all night, and was told that he didn’t get back until

daylight. Soon after this Price went. to a neighbor’s to. go to work.
~. "The news of the fi nding of Taylor's body ‘was taken to Warrenton,

and W. L. Morsey, the prosecuting attorney; “accompanied -hy. an
officer, immediately repaired to the neighborhood, and. began an in-

vestigation, which resulted in the arrest of Price as the murderer, and

paievs

Peper nharurt <a Sr OE I SITS, Such 4


HISTORY OF WARKEN COUNTY. Jado

wa view of having the prisoner re-sentenced, He returned home and

within a few days received a telegram stating that the Supreme Court
had reversed the decision and remanded the case of Foster, which, of
course, necessitated a second hearing of the testimony. The second
trial of the case began on Tuesday, April 26, 1876, before Judge
Edwards and a jury. No attempt was made to introduce any new
evidence on behalf of the prisoner. He was ably defended by P. P.
Stewart, Joseph L. Fant and Trusten Dyer; but the jury again found
him guilty of murder in the first degree, and he was sentenced by the
court to be hanged on Monday, June 19, 1876.

Foster was a native of Callaway county, and at the time of his
death was about 26 years of age. His conduct during both trials, his
actions while confined in the St. Charles county jail, whither he had
been taken for safe keeping; his demeanor while upon the scaffold
and the various low instincts exhibited by him subsequent to his
arrest, stamped him as a degraded and dangerous character. At
Wright City, while the train on which he was being brought to
Warrenton stopped at the depot, several men and boys crowded up
to the car window to get a sight of the felon, wheu with an oath
he dushed his manacled hands through the window and came very
near mutilating the faces of those who were standing near.

Arriving at Warrenton on Saturday evening preceding the day ap-
pointed for the execution, he was left to the solitude of his cell and
the gloomy forebodings of a conscience which during his continement
had impressed all who had seen him with the idea that be was a mau
whose death would be a boon to society. He was visited on Sun-
day by a number of prayerful people, who sought to prepare him for
the awful experience of the following day. He continued to exhibit
the same spirit of desperate bravado that had characterized him
since his arrest, although he ate heartily and slept soundly during
the night.

At 10 minutes after 7 on Monday morning, June 19, Sheriff
Howard made his appearance at the cell deor to escort the doomed
man to the place of execution, guarded by a body of armed men.

On the scaffold Sheriff Howard read the death. warrant, amidst a
painful stillness, during which Foster surveyed the crowd steadily.

After a few remarks by. Foster, i in which he claimed the injustice of
his punishment, and after prayer by several of the clergymen pres-
ent, Deputy Sheriff Cooke strapped the culprit’s legs together above
the knees- cand: at, the. ankles, and. at Foster's request tied handker-

- chiefs over his eras. and: mouth, « Ab 736: the* fatal moots, was ad-

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WARREN COUNTY, MISSOURI.

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CHAPTER VI.
CRIMINAL RECORD,

The Foster Case — Killing of a Negro by Win. Foster -- Trial and Conviction of Fos-

ter --- Decisiva Reversed —~ Second Trial and Sentence of Death -- Execution —- Tae |

Taylor Murder -- Daniel Price, the Murderer -- His Death on the Gallows -- Mur-
der of John Hartgen ~ Shooting of Col. Meyer -- Murder of Mrs. Callihan.

That community is indeed fortunate whose records contain no refer-
ence to dark and bloody deeds that startle and horvify the quiet and
law-abiding members of society. ‘Che instincts of the criminal are
apt to develop even in the most moral of communities. There can be
no preventative of crime before the uct, except the law of the land,
and when the cupidity or jealousy of the human mind disregards the
law and men commit overt acts against the peace and well-being of
society, their particular localities, while unfortunate in being the
scene of such violations, must be forgotten, and while regretting the
fact, its people must unite to punish crime, maintain the majesty of
the law and keep inviolate the axiom of ‘a life tor a life.”

Warren county has always been famous. for speedy and exact
justice. While the county has not been free from crime, merited
punishment has been the rule for all who transgressed the law. T[u-
cluded in this chapter wili be found reference to the leading criminal
trials which have occupied the attention of the courts in the past, one
or two of which were murders sensational in their details, and mon-
strous in their conception.

THE FOSTER CASE,

Sunday, August 29, 1875, was a day of intense excitement in the
town of Warrenton. On the morning of that day Mr. Peter Barnes,
the telegraph operator at the depot, while strolling along the track in
company with a friend, was horrified and startled at discovering the
dead body of a negro lying just inside the right of way of the St.
Louis, Kansas City and Northern Railway, about one mile east of the
town. The body was viewed by the proper officers, and the verdict
of the coroner’s jury was that death had resulted from a gun-shot
wound in the back of the head at the handa of a person to them un-

(997)

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SEO CORI Ta TN eh aR - n

HISTORY OF WARREN COUNTY.

known. No one recognized the body, and the shot whieh had proved
so fatal had evidently been fired fgom the rear.

The officers bean a systematic search tor a clew, and were eventu-
ally rewarded by the statement of James Kk. Avis, who stated that on
Saturday before the killing he was hauling wood to Warrenton, and,
when near the residence of Jesse MeCann, he was accosted by a white
man, who inquired the way to Lost Creek. He gave him the proper
direction, and at the same time inquired the stranger's name, who re-
plied that his name was William Foster. The man pulled a watch
trom his pocket, asc ertained the time, and then asked Mr. Avis if he
did not want to buy a gun. He stated that he had carried it a long
way and it was getting heavy, so he left it a short distance back.

Mr. Avis, at the stranger’s request, told him he would keep the gun
for him, whereupon the stranger handed him a small quantity of shot,
a powder flask and a box of caps, and, retur ning down the road about
100 vards, pulled a short single-barreled gun, with a strap attached
to it, out from under the bottom rail of a worm-fence. where he had
hidden it. Mr. Avis gave the officers a minute description of the
man’s dress and appearance, and search for the mysterious individual
began at once. Constable George W. Dyer traced him to Lost
Creek, and thence to Loutre Island, where he placed bim under arrest.

Being locked up in jail, Foster, after a time, confessed to Sheriff
John A. Howard, aud also to W. L. Morsey, prosecuting attorney
of the county, that he killed the negro.

The trial began at the November term of the cireuit court of
Warren county. Monday, November 22, the case was called, the
jury sworn, and after an able defense, during which every possible
effort was made in his behalf, he was found svuiltv and sentenced -
Judge W. W. Edwards to he hanged on Friday, January 14, 1876

Sheriff Howard proceeded with his arrangements for the execution.
The district court affirmed the decision of the lower court and the
law-abiding citizens of the county were contident that the majesty of
the law would be established, when they were astounded by the
receipt of a dispatch granting a stay of execution. So fully was the
guilt of Foster established and so confident were the people ‘that he
would suffer the penalty of bis crime at the time appointed, that
crowds began to pour into Warrenton on the day selected ine his
execution.

Prosecuting Attorney Morsey, who had so ably represented, the
people on the trial of the CASE, immediately went before’ the ‘Suprenie
Court at St. Louis and at once applied for a writ of habeas corpus, with

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FRANKLIN, JEFFERSON, WASHINGTON, CRAWEORD & CAgcOMADE

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COUNTIES, MISSOURI.

From THE EARLIEST TIME TO THE PRESENT; TOGETHER WITH
BUSINESS AND. PROFESSIONAL - SKETCHES AND NUMEROUS FAMILY -
RECORDS; BESIDES A VALUABLE ‘ FUNDOF Nores, (675°
_,. ORIGINAL OBSERVATIONS, ETC., ETC. eae it

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STATE OF MISSOURI. 499

Washington County Bar.— Washington County has produced
a number of very prominent men, whose reputations have not been
confined to its limits. Among the number, in addition to those
elsewhere named, may be meftions: Ts ael McGready, who repre-
sented this part of the Territory in thirst General Assembly of
the Territory of Missouri, and in the second he represented the
new county of Washingtg& ; also Daniel Dunklin, who was an early
sheriff of Washington, and afterward governor of the State of
Missouri, and subsequently surveyer-general of the United
States; also David E. Perryman, a noted criminal lawer. Other
prominent early members of the bar were John S. Brickey, John
Brickey, Philip Cole and Judge Henry Shurlds. The Washington
County bar at the present writing is composed of Judge Louis
F. Dinning, Samuel Byrns, John L. Detchemendy, G.I. Van
Allen and William §. Anthony of Potosi, and Henry S. Evans,
of Caledonia. [See biographical department. | _

Criminal Record.—Washington County has had a full share
of homicides, some justifiable but mostly unwarranted. A number
of willful murders have been committed, and the offenders in
some instances have gone unpunished. A brief mention of
homicides will be made, but space. will not admit the giving
of all the details thereof. It seems from the records that the
first indictment in the Washington Circuit Court for the crime
of murder was found in July, 1821, against the notorious John
Smith T. for the murder of Richard Rose. Smith then lived at
Shibboleth, and was the owner of a number of slaves. -He
charged that Rose was trying to persuade some of his slaves to
leave him, and for that reason shot and killed Rose, on one
occasion, when they met in Samuel Thompson’s stillhouse, four
miles northeast of Potosi; he was never punished for the deed.
John Smith T. was a notorious character, who came to this county
from Tennessee near the beginning of the present century. In
order to distinguish himself from the many John Smiths he
annexed T. to his name, and was always thereafter ealled John
Smith T. (John Smith from Tennessee.) On coming to this
county he became the possessor of a number of Spanish grants,
and soon became wealthy; and, while it is said that he was

kind and good to the poor, it was claimed, also, that he was”

; aes


500 HISTORY OF WASHINGTON COUNTY.
generally feared on account of’ his success as a duelist. He
finally went to Mississippi to establish a plantation, and there
died, and his body was brought back to Missouri for interment,

William Perry, of Potosi, and one Hill were in dispute
about a mining claim at Lambert’s Diggings, and on the 17th
of September, 1825, they met at the dissyted’ claim, when Hill
shot and killed Perry. . ; A

In 1831 Edward Wideman and Peter Valle quarreled at a
grocery in Richwoods Township, antthe former struck the lat-
ter on the head with a plow-beam and killed him. Wideman was
indicted for the murder, arrested and tried in July of that year,
and the jury disagreed. He was again tried in November, fol-
lowing, and found guilty. On motion, the verdict was set aside
and a new trial granted. The case was continued, and Wideman
gave bond for his appearance, and was released from custody.

He then ran away, and was never re-arrested. In 1845 James H.
Miner was indicted for the murder of Thomas Byrd. He was
afterward arrested and arraigned for trial in June, 1848, and
granted a change of venue to St. Francois county, where he was
tried and acquitted on the ground of self-defense. Also, in
June, 1845, William Campbell was indicted for the murder of
one Wisdom at Palmer (Webster). On being arraigned for trial,
Thomas C. Johnson and Francis I, Wiatt were appointed counsel

for the defendant. He was tried, found guilty of murder in the

second degree, and sentenced to serve ninety-nine years in the
penitentiary. In 1847 Patrick O’Hanlen stabbed and killed

William Sanchagree at Potosi. He then fled the country, and was

never apprehended. About the year 1850 Andrew Silvers, on

election day, in August, killed one Stacey. He was arrested and
lodged in jail, from which he made his escape, and was never re-
arrested. On December 18, 1855, Thomas Fillibrown shot and
killed Richard Pierce. He was tried on the 2d of May, fol-
lowing, found guilty of murder in the second degree, and sen-
tenced to serve twelve years in the penitentiary. In 1858 Ben-
jamin Talbot stabbed and killed a Mr. Rosebury at a circus at

Old Mines. On the 12th of November of that year he was

indicted for the murder, but made his escape from jail and went

into the rebel army, where he was killed near the close of the war.

tgs


[Wan (EN Copter Mi sso 38 |

9/11/1981

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 earliest 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 stagggnas provided us with
a list of those executions which have occurred since 1 , 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 198 have been confirmed

in County:
Warren a William E, Church, hanged on October 10, :

1907. We can find no record of hangings since 1907. However, a
trial held in Warren County August 11-12-13-14 found a young
man, Anthony LaRette, guilty of murdering a young woman in
St. Charles County. He received the death penalty and a mo-

tlon for a new trial has been made. P :
{>
(fee Deo .

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.

Naturally, we hope to provide as complete, comprehensive and accurate a listing
as is possible. Even though crime and exécutions 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 stmucture of our society and country.

Thanking you for your cooperation and kindness, I am,

Respectfully yours,

Watt Espy
Capital Punishment Research Project
Law Library - Box 6205

University, AL 35486


=

GOODSPEED'$

STORY

SOUTHEAST MISSOURI.

aL ACCOUNT OF

—.

EMBRACING AN HiisTORIC

Sre. GENEVIEVE, ST. Francois, Perry, CAPE GIRARDEAT.
BoLiinceR, MapDIson, New Maprm, PeEMIScOT, DuUNELIN,
Scort, MiussissiPPl, SroppDARD, BUTLER,

WaxneE anv Imon,

Tux CoUNTIES OF

RTMENT DEVOTED TO THE PRESERVATION OF PERSONAL,

INCLUDING A DEPA
E RECORDS.

PROFESSIONAL AND PRIVAT

ILLUSTRATED

A Reprint Edition
1955

=F 2 oF i—_ . sromn OW pens aay


on |

9

NCYCLOPEDIA™

;

STORY OF Sv. LOUIS,

A COMPENDIUM OF HISTORY AND BIOGRAPHY
FOR READY REFERENCE.

EDITED BY

WILLIAM HYDE AND HOWARD L. CONARD.

ya

NEW YORK, LOUISVILLE, ST. LOUIS:
THE SOUTHERN HISTORY COMPANY,

HALDEMAN, CONARD & Cu., PROPRIETORS.

1899
PUBLIC LIBRARY
BIRMINGHAM, ALA.

Rick
ae
i


710 EXCAVATION—EXECUTIONS OF CRIMINALS.

Scheme and Charter. He was made speaker
of the House, and showed such an interest in
and capacity for municipal affairs that in 1881
he was elected mayor, serving a four years’
term with distinction, and retiring to private
life, taking with him the respect and confidence
of the people of the city.

Excavation.—In St. Louis the cost of
rock excavation in open cut is usually esti-
mated at about $2 per cubic yard, more or less,
according tto conditions, The inlet tunnel for
the water works, which was driven through
solid limestone, with a section 10x10 to 10x16
feet, cost about $6 per cubic yard of excava-
tion, or $23.46 per lineal foot. The rocks be-
neath the city are concealed under a covering
of earth. On the hills there is usually a yel-
low bluff clay, which is readily excavated and
is used extensively to make red brick. In
the bottom lands there are a tenacious blue
clay and beds of sand, which, when saturated
with water, are excavated with difficulty.
Earth excavation above the water line, with
a short haul, costs about fifteen cents per cubic
yard. In digging for the water-works con-
duit a steam excavator was used, removing
about 600 cubic yards per day at a cost of 5 1-8
cents per yard.

Exchange Square.—A tract of land
containing nearly thirteen acres, located on
the river front in North St. Louis, which was
placed under the control of the city in 1816
by Colonel William Chambers, Major Wil-
liam Christy and Major Thomas Wright, who
designed that it should be converted into a
public park. The city was not vested with
ownership, but it was made trustee of the
grant, and it was stipulated that the land
should “remain a commons forever” for the
benefit of the owners of lots in Chambers,
Christy & Wright’s addition. The city im-
proved it to some extent in later years, but
its right to hold the property was attacked in
the courts by heirs of the original grantors.
The courts decided against the claimants and
also nullified a compromise agreement entered
into between the city authorities and these
claimants upon petition of a lot owner in the
real estate addition above referred to. Ulti-
mately, however, the city tired of the effort to
maintain it as a park, and it is not now known
in the park system of St. Louis.

Excise Commissioner. — The office
of excise commissioner, being a State office
limited to cities of 200,000 population and
over, exists only in St. Louis and Kansas
City at present. The commissioner is ap-
pointed by the Governor, and holds his posi-
tion at the pleasure of the Governor. He has
exclusive authority to grant dramshop
licenses, the price of which in St. Louis is $600
a year—$500 for the city and $100 for the
State. These licenses yielded in 1898 $1,200,-
000, of which $1,000,000 went to the city and
$200,000 to the State. The excise commis-
sioner has no fixed salary, but receives $3 on
each license issued. The office was created in
1893, and the first commissioner for St. Louis
was N. M. Bell.

Ex-Confederate Ilistorical and
Benevolent Association.—<An associa-
tion organized in St. Louis in 1882, with
Major John S. Mellon as president; Judge
Leroy B. Valliant, vice-president; Captain
C, P. Ellerbe, secretary, and Major C. C. Rain-
water, treasurer. The association lasted until
1892, but has since ceased to have any active
existence or regular meetings. Its officers

“from 1882 to 1890 were as follows: 1882—

John S. Mellon, president; Leroy B. Valliant,
vice-president ; C. P. Ellerbe, secretary; C. C.
Rainwater, treasurer. 1883-5—Celsus Price,
president; L. B. Valliant, vice-president ;
D. W.., Saddler, secretary; C. C. Rainwater,
treasurer. 1886—L. B. Valliant, president;
Henry Guibor, vice-president; C. A. De

. France, secretary; Joseph Boyce, treasurer.

1887—-Henry Guibor, president; James N.
Douglas, vice-president; C. A. De France,
secretary ; Joseph Boyce, treasurer. 1888-9—
Joseph Boyce, president; Dr. John A. Leavy,
vice-president; W. P. Barlow, secretary; An-
thony Boyce, treasurer. 1890—J. R. Clai-
borne, president; Dr. John A. Leavy, vice-
president; W. P. Barlow, secretary; Thomas
Lynch, treasurer.

Executions of Criminals.—The list
of executions that have taken place in St.
Louis is a long one, the most notable of which
have been the following: September 16,
1809, witnessed the first official hanging in
the Territory of Louisiana. On Monday,
June 26, 1809, John Long, Jr., shot and killed
his stepfather, George Gordon, at Long’s Mill,
in the township of Bonhomme, in the County

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HISTORY OF WEBSTER COUNTY

The body fell about four and a half feet, and the neck was -
dislocated, and death ensued within two minutes. The drop fel] |
at exactly half past one. There were a few brief struggles, a re. |
laxation of the muscles, but after the expiration of two or three
minutes there was no indication of life, and at the expiration of »

Chapter VII.

eight minutes the doctors pronounced him dead. ¥s:,

+

WEBSTER COUNTY IN THE 1870'S

ere The body at the expiration of 15 minutes was cut down, and ~
' boots were taken off the feet, and with the hat were put into the

_ coffin, and with the body were speedily buried in the grave at
the foot of the gallows. —- :

"ZACK WALLER CAPTURED —

_ Zachariah T. Waller escaped justice for several years after
-. the massacre of the Newlons, having fled to Arkansas and thence
to Texas. He was finally located in Florida and he was brought
:- -to the Marshfield jail by Sheriff Johnson. In April, 1877, he was
~~ indicted and sentenced to the penitentiary for 40 years. He was i.
« . > given the prison sentence instead of the death penalty with the =
_-., ©xpectation that he would tell where the Newlon baby. was.

buried, but he never told. iS se ay

field for the San Francisco-St. Louis Railroad Company.

Ton) distances to see the “iron horse.” Being a wood-burning
‘engine it was loaded with cordwood to fire the box. The sight and

alike, and many old-timers have told how one colored woman

off the tracks.

Add Baker, who was about five years old at the time, and
0 lives at the present time on the farm of his son, Willie Baker,

ith his parents, Mr. and Mrs. John Baker, on a farm about three
iles west of Marshfield (where Dave Genetti and his family live’
low), and he and his two sisters, Mary and Martha and brother

im, stationed themselves in the cut made for the railroad right-
:way south of their home, to wait for the first train, When it
ame it scared them out of their wits and they ran toward home
Mapanic. To add to their dismay, the younger sister, Martha,

ell down trying to climb out of the cut, and the others had

Mir, Baker, who celebrated his 91st birthday February 3, is
®ne-of the oldest residents in Webster County and can recall many
‘Past events with clarity. His parents came to the county from
‘elinessee in 1856 or 1857 in a covered wagon drawn by an ox
Bam, with a little mule tied behind. They lived on the farm now
Owned by Leslie Clouse located south of Northview, later moving
West of Marshfield. Addison M. Baker married Ella Boles, whose
Parents came from Pennsylvania when she was 12 years old, and
they have lived their entire married life in the same vicinity. They
ave two sons, Mart, of Sacramento, Calif., and Willie, on the
he place.

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HISTORY OF WEBSTER COUNTY 23 -

It was in the year 1870 that the tracks were completed into_
The day the first ‘train appeared on its tracks was one long to be
‘remembered by young and old alike in Marshfield. People came ~*~
miles around in wagons and on horseback, and many walked’ .

noise-of the huge engine frightened horses and human beings .

fainted and many ran away, afraid the puffing monster would run. Cea


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ties ia HISTORY OF WEBSTER COUNTY

Jf 9 FIRST LEGAL HANGING

tee On May 17, 1872, the only legal hanging ever to take plac a
- ‘in Webster County occurred when Charles Waller was hanges ‘. a
_ for the murder of William Newlon, Mrs. Newlon and their chil

- in 1867. The story that led up to the hanging of Waller startet

Chapter VI.

AFTER THE CIVIL WAR—THE FIRST LEGAL HANGING 4 :

COUNTY OFFICIALS—1865-1871

In 1865 George W. Dugan, John C. Trimble and C. W. Boden

shamer were county judges, with Isham H. Cunningham, countyé
and circuit clerk; Isaac D. Johnson, sheriff, and Noah H. Hampal
ton, swamp land commissioner. On February 6, 1866, the sum of
~ $700 was appropriated for erection of a jail building, and Joh
.. Bollinger appointed superintendent. In December the jail wa
completed.

re The judges of the bousity court in 1866 were Joseph A. Paty

_ terson, Reuben B. Rogers and Spencer Marlin. An effort waa
_ -made to start building a courthouse but resulted in nothing. :
» November, 1867, it was ordered that any Christian religious SOn
ciety desiring to build a church at the county seat, and expe ES
thereon at least $1,000, should be entitled to any lot then unsol er %
- or unreserved.

soy The county judges in 1871 were John L. Stafford, Tames” i |
_ Williams and R. B. Rogers, with J. A. Bingaman, clerk, and A. |
-. Harrison, sheriff. B. F. Hayhurst was appointed surveyor, and D: Di

Ryo. 2 Ramy was appointed county physician and surgeon,

- five years before in the spring of 1867 in Washington County
Indiana, when William Newlon decided to take his wife and bab <
west to homestead. They stopped in Illinois for a few month

: and there met Waller, who was in his middle 30’s, his wife a ngs :

two boys and three girls. Zach, one of the boys, who was implig
cated in the Newlon family killing, was 19 years old at the timé

Newlon hired Waller and promised to provide him with §

home and employment if he would accompany him to Misso of 3

Newlon had $1,000 with which to buy land.

In the late summer of 1867 the two families appeared in Dadg :

i ee bite yas

Biiaees ony

HISTORY OF WEBSTER COUNTY 19

County at the home of S. A. Harshbarger, a relative of Newlon
iy marriage. After a brief stay they started on to Webster
County, intending to settle in Hazelwood, northwest of Seymour.
It was near Hazelwood that Charles Waller and Zack Waller
killed the three Newlons, apparently for their possessions. Waller,
after his capture, said Zack killed Newlon while the trio were
hunting deer in the fall of 1867. They killed Mrs. Newlon and
the infant child the next day, as Waller said,

never found.

The Wallers fled into Ozark County with Newlon’s $1,000, ~

household goods, wagon and team. There they settled and pur-
chased land.

In the late fall of 1867 a woman’s body was fotind, the throat

cut, and on April 13, 1869, Newlon’s decapitated and bullet-ridden
body was discovered in the woods near the Hazelwood-Linn ~
Mrs. Newlon’s -.

Creek road, about eight miles east of Marshfield.
body was found near Cantrell Creek east of Marshfield.

Newlon’s body was found by William McVay (father of

George W. McVay, Route 4, Marshfield) while hunting in the

woods in a little hollow.

ried relatives in Indiana, had them exhumed and identified them.
Meantime, suspicion was aroused over the amount of money

' being spent by Charles Waller. Waller and his wife fled to Ark-

“to save my son, :
Zack.” Zack took the infant’s body and buried it. The grave was

’ Focuses juries failed to identify the bodies and they were <
buried. .

Cariunication was slow in those days s so it was not ‘antil F :
the following summer that Harshbarger, at the insistence of “wor- >

% : ; : . te 23
Hes . : Vai hai ged
: oe oe & ana
etnies Nee nnn eee St nt satan weseone Yochate :

ansas and on to Texas. Harshbarger followed and finally found eae as

them in Minnesota where he caused their arrest.
some of Newlon’s possessions.

They still had. =

Waller and his wife were brought to the Webster Cauaty jail’ ae 3

- in 1872, and in March they were tried and convicted; Waller for
dl first degree murder, and his wife, Hannah, for manslaughter. She*.:
was sentenced to three years in the penitentiary. Waller was ~

» Sentenced by Judge Fyan to be hanged May 17, 1872.

The following is a description of the execution as it was -

Siven in the Marshfield Citizen:
At about half past 12 o’clock the riidainived man was brought
from his cell. He looked pale and haggard. He was accompanied

* by Elder McCord Roberts as his spiritual adviser in his last

. ®oments. He was placed in a wagon which, by the refinements
of a cruel custom, was his coffin. Elder Roberts took a seat be-

Side a the sheriff, and deputy Johnson stepped up and stood Le 3


et

By ESS RY Ra

20 HISTORY OF WEBSTER COUNTY

behind him, the undertaker and driver, Messrs. Heckart and
Finklin, rode in front. The immense crowd was kept back, and
a passage was opened by the hundred or more special guards
selected for the purpose, who marched in front, and either side,
and behind, forming a hollow square about the wagon. The order
to march was a signal for the dense throng to stampede toward
the gallows.

Riders in hot haste gave rein to their horses, and loped off,
whips cracked, and mules and horses rattled at a lively gait,
wagons and hacks piled with living freight, men, women, boys
and girls hustled through the mud, reckless of everything, and

bound to make the quickest half mile on record. The gait was

moderated a little when they struck the prairie, and found they
had distanced the Sheriff’s party, which advanced at a measured
tread. The whole distance from the court-house to the gallows,
built at the foot of Bald Hill, was a vast moving panorama, one-
fourth of a mile wide, and a half mile long, moving by a thoaraa®
strings, all drawing to a focus at the gallows.

In a low swag, covered with briars and water the gallows

loomed up, as if of a congenital growth, studded all around with

a thicket of five hundred wagons, wedged in and interlocked in
every conceivable shape. When the Sheriff’s party approached,
it seemed a hard task to effect an entrance and a delay of several

. - minutes occurred in breaking through this living breastwork.

Arrived at the foot of the gallows the prisoner was helped

* from the wagon by Sheriff Harrison and deputy Johnson, and
ascended the scaffold with a firm step and calm demeanor. He
“was seated in a chair with Elder McCord Roberts. For the first

and last time, that great crowd saw the man whose cruel deeds
had demanded the sacrifice he was about to make. Ten thou-
sand eyes were searching his dark face, watching every motion
he made. His black whiskers shut out his tiger jaws, but he made
no attempt to screen his cold grey eyes. It was not bravado, it
was indifference. He repelled sympathy. He sat as easily in his
chair, apparently as if he were the honored orator of a great
meeting.

The guards had fallen back and formed a ring our 40 feet
in diameter about the gallows. The venerable and silvered head
and commanding form of McCord Roberts was beside the con-
demned man. The Sheriff was actively superintending every-
thing. The following members of the press were on the platform:
Pratt of the Springfield Leader, Wisby for the Democrat, Carson
of the Buffalo Reflex, and the editor of the Citizen. Doctors
Hampton, Ramey and Williams were in attendance.

a BLT ed aed Al ener A: eg

HISTORY OF WEBSTER COUNTY

‘A sea of seven or eight thousand human beings surrounded .
d. pressed up against the guards, not boisterous but expectant, .. a

Phe Sheriff hurriedly read over the death warrant with evi-. : ,
‘agitation. His voice falls upon the leaden ears of the con- ~~
d man, as if he was stupified. He exhibited no sign of emo- mit

sed an 1 appealing, anxious inquiry to the doomed man, “Do ~’
feel confidence in God?” The prisoner said he did. The -

Phares Waller was then conducted to the drop i the e

riff. He stood up, and at the request of the sheriff he adjusted _

: his own feet on the center of the treacherous planks. His fresh . al

av fe one was Guced ¢ on his head, and cape or veil dropped over
his ce, that aber out the receding busy world.

ep tnaly so far.” =
“McCord Roberts arose, and ‘extended his hands cues

touching appeal for mercy; he besought the infinite God to re-
ei the soul of the doomed man. There was a deep hush in the
ast-throng. From our position we could see the closed eyes of :

: demned—we thought his lips moved in their last petition. é cs
or. himself; for his Boor family; perhaps, even, for those he called.

The Sheriff, Deputy Johnson, and Elder Roberts furriedly/ es

kk the prisoner’s bound hands, and bade Charles Waller a *

ast: goodbye, and turned away. 28
*-Hastily all left the platform, and Charles Waller was left
née, The sheriff took hold of the lever, and quicker than we
‘write it, the soul of Charles Waller was wafted into eternity.
There was no outburst, no noise, no confusion, but gradually
hum arose from that sea of humanity, in whispers first, but
ing, the life seemed to come back to the throng.


Sieh 2 a tare
Saar BS aa ie is ak

poe 38 HISTORY OF WEBSTER COUNTY

ne OE

Chapter X.

a COUNTY’S ONLY LYNCHING

- door step of Mr. Oliver Wells. It was a oe to have been lef
- there by a woman who had alighted from an east bound trai
“ She left on a west bound train that night and her identity » w
never known.

. . After a time the baby was adopted by Mr. and Mrs. Hirang®
Shaw, who lived in the southeast part of the city. Mrs. Sarak
Shaw: had a son, Richard Cullen, by a previous marriage. The

When | it was four years old, it disappeared from its bed on
night, and investigation and search resulted in finding the little
boy in an abandoned well about two hundred yards southeast of
the depot. Richard Cullen was charged with the terrible crime |

throwing him in the well. He was tracked in the snow from h

ome to the site of thé crime, and was subsequently lodged
jail along with his mother, who was charged as an accomplice be
alse of her indifference at the coroner’s inquest. -

*s During the last week of February, a peclitiinary trial was

be held, but feeling ran so high in the community, it was decided
by: Prosecuting Attorney, Samuel Dickey, to postpone it unt
th excitement abated so the law. could take its course,

‘On February 26th, at 10:00 p.m., an angry ‘mob-of maske
“"men gathered at the jail and demanded the keys to Cullen’s' cel,
Sheriff Hubbard had anticipated trouble but in spite of heavily,
_ armed guards, deputy F. F. Hammon, Mac Adams, G. W. Thomp:-
: son and Clay Shannon, they could neither take the prisoner te
-. Springfield as they wished to do, nor repel the determined m
- with sledge hammers. He sur rendered the keys to them and they
went upstairs after the prisoner, Cullen. .He was led down i
his underwear with a rope around his neck and taken to the easf
“entrance of the courthouse and the rope was secured to the limh
of a maple tree. When asked if he had anything to say, he 1 r
° plied, “Pull your rope,” and the rope was pulled.

_.. The leader of the mob had given orders that the body was to
_, hang there. until morning but the coroner, Dr. Jolly, was sum-%

HISTORY OF WEBSTER COUNTY

-oned and the man was cut down at 11:00 o’clock and taken into
.,e courthouse. The mob dispersed as silently as it had come.

The motive for the crime was determined that Richard Cul-
-on, being jealous of the baby adopted by his mother and step-
zather, feared it would be named in their will as their heir and
prive Cullen of a portion of the estate.
(See pictures on page 116.)

ae

J. A. Tracy, Route 2, Fair Grove, recalls one verse of the
“Dick Cullen” song, which he said his mother sang to him when >
he was a baby, (he was born about the time of the hanging, 1892), — :
and he said his uncle, Jim Davis used to go about his work sing- -
ing it as well as others at that period. Legend was that the words -
“f “the song were found inscribed on the walls of Dick C ullen’s © :
cell, where he purportedly had written it. The verse Mr. Tracy...

recalls is as follows: Bee PSE

“It was on one winter morning in the year 1892, :
They took me on suspicion as they very often do.
We know you're guilty of this charge and the truth you’d better |
tell.
We found your tracks this very day and the child down, in n the
well.” - ak,

There were several verses but Mr. Tracy could recall ‘but )
this one. The tune used with the song was the : same as one used
with many other ae of that Beret ;

& se ’


. a

ra

‘ 7
7 “~
.

Previous to the verdict of the jury assessing the death penalty
in State v. Virginia Twenter which was returned at the conclusion of
a five-day trial on December 9, 1988, there have been only three other
death penalty cases in Pettis County. All three were nearly one hundred
years ago, and only in two of those was the penalty actually carried
out. In all three, the defendants were males.

On May 25, 1890, Thomas Williamson was charged with the brutal
axe murder of Jefferson Moore. Williamson, originally from Illinois,
migrated to the Sedalia area a few years before by way of Centralia,
near Columbia, where he acquired a wife. They came to Sedalia, Tom
pulling and his wife pushing a cart which contained all their
belongings. Without worldly possessions, Sedalia Mayor John Crawford
took pity on them and put them up on his farm on Muddy Creek north of
Sedalia where Tom built a cabin. That was his home until 1889 when
Tom appeared in Sedalia without his wife. No one knew what happened
to her. A short time later, he moved in with Jefferson Moore and
Moore's son Charles south of town.

Early in 1890, Jefferson Moore was reported missing, and neighbors
found his body buried in a shallow grave in the cellar. Son Charles
and Tom Williamson were not around. On hearing of the discovery,
another man living nearby reported seeing Williamson carrying dirt into
the cellar, which led to the arrest. Further investigation also
revealed the grave of Charles Moore about 200 yards from the house.
Both bodies evidenced gashes apparently inflicted with an axe.

A search for Williamson was begun. He was found in Sicher's Park (n™

suffering from ingesting strychnine and was rushed to the Salvation
Army Barracks where he was given medical assistance which saved his
life. He was charged with the murder of Jefferson Moore.

* Williamson was tried by Prosecutor George F. Longan (later Circuit
Judge) to a jury February 6, 1891 for first degree murder, and the
verdict reported by Cord Lujin, foreman, was "guilty". Judge John
Ryland, entered the following order: "It is therefore, sentenced,
ordered, and adjudged by the Court that the Defendant, Thomas
Williamson..... be removed to the County Jail by the Sheriff of Pettis
County and there safely kept until Friday, the 20th of March, A.D. 1891,
when said Defendant, Thomas Williamson, shall by the Sheriff aforesaid,
be hanged by the neck until dead, either in said jail or at some place
convenient to the same..." After an unsuccessful appeal, Williamson
was hanged by Sheriff Ellis R. Smith on October 31, 1891.

The body of Williamson's wife was found buried in a parsnip patch
near the cabin north of town. It appeared, however, she had not died
as the result of violence.

The second to receive a death penalty in Pettis County was Richard
Robinson. In December, 1892, he was charged with the stabbing death
of Johanna Schollman. Schollman was a domestic servant of then-Mayor
Stevens of Sedalia, who lived at 1601 South Kentucky. Robinson was

gre

publ tart)

——

also an employee of Mayor Stevens and had quarters in the barn or garage
of the good Mayor. Miss Schollman apparently died near a hedge at the
corner of 17th and Moniteau. Her purse and other personal belongings
were found buried under a manure pile behind Stevens' barn.

This event generated much heat among local citizens, and the
Sheriff was required to remove Robinson from the jail through a rear
door in the dead of the night and take him to the Moniteau County Jail
in California for safekeeping until the passions of the angry mob bent
on justice of their own kind cooled. After a trial lasting from April 7
to April 10, 1893, the jury, S. H. Kennedy, foreman, returned a verdict
of guilty of murder in the first degree. John Ryland was the Judge;
Louis Hoffman, father of the late Judge Dimmitt Hoffman and later

Circuit Judge himself, was the Prosecutor. D. E. Kennedy was defense
counsel.

Robinson was hanged by Sheriff J. C. Porter at or near the County
Jail (then located on Lamine behind the Flower's Drygoods Store) on
December 15, 1893.

The third person, and last until 1988, to receive a death penalty
in Pettis County occurred in the same four-year period. One Mike Davis
of Johnson County was indicted for first degree murder in the mortal
wounding and instant death of James R. Nicholson by means of a wagon
standard in that County. His case was transferred on Change of venue
to Pettis County on October 2, 1894, A change of Judge was also
obtained, and his case was tried before Henry Lamm as special Judge
who, at that time, was a local lawyer and who was elected by the members
of the local bar to preside as special Judge, the method used in those

days to fill a temporary vacancy. Lamm later became Chief Justice of
the Missouri Supreme Court.

On November 17, 1894, at the conclusion of a six-day trial, Davis
was convicted of first degree murder. He appealed his conviction to
the Missouri Supreme Court and while awaiting that Court's determination
in the matter, Davis escaped from confinement in the Pettis County Jail
and was never apprehended. On May 1, 1895, Davis' appeal was dismissed
affirming his conviction, but because he made good his escape, he also
escaped Sheriff Porter's gallows.

Juries in the Williamson, Robinson and Davis trials were made of
male residents of Pettis County (women were not then eligible to serve
on juries). The jury in the case of Virginia Twenter was imported from
Lafayette County under a recent statute which provides for a change
of jury in appropriate cases rather than a Change of venue. This
procedure in extended cases which involve many witnesses is considered
less expensive both in time and money and simpler to both the State
and the Defendant in terms of the logistics in transporting witnesses
and evidence to other localities for the tria).

Donald Barnes

pen

PERE ET ED RC EES RAC

Watt uspv, Jrf,
P.O, Box 2h7
Headland, Alabama 34315,

5 March 1975,

Dear sir or madam:

Currently I am engaged in research on Capital Punishment in the United States which
hopefully will culminate with the publication of a work which will contain a brief
biographical sketch of each person to have been legally executed in the United States
as well as a brief account of the crimes for witich each was put to death, .

According to the records that I have received, no person sentenced from Pulaski County
has been legally executed since “Missouri commenced executing its condemned felons at
the State Prison in 1938.

However, prior to that time, persons sentenced to die in the “tate of Missouri were
hanged locally in the Counties of their convictions, Your Kinderhook Re,ional Lé-
brary has been able to ascertain for me that there were”no legal hangings in “ulaski
County prior to 1889, but they know nothing of the period from 1889 to 1938,

I shall certainly appreciate it if vou will provide me with the names and dates of
executions of any persons who might have heen hanged leyally in Waynesville or
Pulaski County daring this period. If there were not executions then and have been
none in the History of Pulaski County and you can confirm this fact for me, i shall
appreciate your doing so,

Ennlosed is tten cents (10¢) postage for your reply and vou will, of course be given
credit in the work itself for any assistance rendered,

If you are unable to help ne, perhaps vou can provide me with the name and address
of a local Historian or some "old timer" who Might be of assistance.

THanking you for your kindness and cooperation, I remain, Q,
U

R spectfully yours

pe

t

prag-7 9

Elias Smith was legally hung by the Sheriff of the County at
Waynesville, Missouri on April Blst, 1905.

Wm. H. Jones, Circuit Clerk . By: ECL Cire D.C
9 . e


PULASKI. COUNTY, MISSOURI.

ai
zrinderhook REGIONAL LIBRARY

SERVING CAMDEN, LACLEDE, PULASKI, AND WEBSTER COUNTIES

PHONE 332-2148 - AREA CODE 417

February 11, 1975

Mr. Watt Espy, dr.
Post Office Box: 247
Headland, Alabama 36345

Dear Mr. Espy:

We have searched county histories that we have available on Pulaski
County with respect to your inquiry on capital punishment.

We were able to determine that no executions were held in Pulaski
County up to 1889, While a number of convictions were handed down,
something always intervened to prevent the execution of the sentence.
We have no records for the time between 1889 through 1938,
I hope this material will be of some help to you.

Sincerely,

Vite OMe

‘Paul A. White
Librarian

PAW/cjs

ADMINISTRATIVE OFFICE:
104 E. COMMERCIAL
LEBANON, MO. 65536


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= - ‘ywappity was divided and St. James township formed from the southern

\~ jg-dead.” -In 1855. William Byrnie was indicted for.the murder of Thomas ny

-\ wieted, but made his escape from the jail and was never recaptured ~

SCOTT COUNTY, MISSOURI,

~

be continved to be celled and known by the name of New Madrid County
and that tract Jying northwardly and eastwardly of said line shall be calied = g,
and be known by the name of Scott County.” i 4
_- By the same act Enoch Evans, Abraham Hunter, Thomas Roberts, - :
. Joseph Smith and Newman Beekwith were appointed to locate the seat

- -

of justice for Scott County. ao
a . COURT PROCEEDINGS.

The county court was organized at the house of Thomas Houts in re

February or March, 1822, at which time the judges were Andrew Ramsey, y 1

Richard Mathew and Thomas Houts. (Owing to the county court rec-

ords being nearly all Jost or destroyed during the war, but little is known _

-of its transactions.) . aes
At this time the county contained-but two townships, Moreland and - -

Tywappity, the latter embracing all ef what is now Mississippi County.

Soon after the organization of the county court four new townships were

formed—Richland, Kelso, Mississippi and Wolf Island. The judges of cae 1

election appointed in 1830 were as follows: Mississippi—James Ramsey,

Henry Clark and Thomas Hunter; Wolf JIsland—Drafkeford Gray, Silas

McBee and Alexander -Mills; Kelso—John Byrne, William Hutson and

Andrew Ramsey; Tywappity—W. B. Bush, John Weaver and A. McEl- © -

murry; Richland—John Evans, M. H. Stallcup and James Hunter; More ~~ -

Jand——Alexander Montgomery. Silas King and Thomas Houts. In 1836 ‘

pert. The voting place was fixed- at McDamiel’s mill, and James Parker,
N. G. Ferruson and A. B. McDaniel appointed judges of the next election.
In 1829 St. James Bayou township was formed and the elections ordered
to be held at the house of Jerry Cravens: ;

The first court house was a small log building erected on the public

square at Benton soon after the town was laid out. A jail was not built .
until 1837, when $500 was appropriated for that purpose. -Previous .to
that time prisoners were taken to Jackson. About 1844 the log court house pre ;

was torn down and a brick building was erected in its place. It was so
poorly constructed that in a few years it became unsafe and was replaced
by a frame building. By an act of the legislature passed January 26,
1864, the county seat was removed-to Commerce, and the court house sold.
A small eppropriation then made by the county court was supplemented by
the citizens of Commerce and a substantial brick building erected. In 1866
the contract for a jail to cost $3,800 was Jet and the building completed
the same year. In 1878, by n vote-of the people, the seat of justice was
returned to Benton and in 1883 the present court house was built at a
cost of $11,000. - :
The circuit court of -Scott County was organized by Judge Thomas on
- February 11, 1822. Joseph A. Hopkins presented his commission as sheriff
and gave bond in the sum-of $5000-with John Hail and William Meyers
es sureties. John P. Rutter was- apromted clerk of the court and was
erdered to nrocure a seal. The court then adjourned until June-at which
time the following grand jury-was empaneled: L. R. Davis, John Ashley,
Bartlett Conyers, John -Wathen, Samuel Fowler, W. Benefeld, Robert Wood,
John V. Lucas. Edward Fowler, James H. Dudley, Thomas Moore, Thomas
“Whittaker. William: P. Stidger James Cardin, John Friend, James Purile, >
Colburn Wiler, Silas Carpenter. Silas Risley, Wilkam Alexander, George
Anderson, Solomon Heys. Bartholomew I. Evans: The first indictments 7
were found ara2inst Sam Flove and James Ransey for assault and hattery, 4
Newman Beckwith, for selling Hquor to Indians and Anthony Wills for -
wagrancy. ee i : ~
The first indictment for a capital offense was-found against Pressley
Morris in 1838,.but he obtained a change of venue was tried in Cape Gi-
yrerdeau County. In Februsrr, 1836, Parmelia Yarber was indicted for
the murder of her infant child. Upon being solemnly. called she fiailed to
appear, and the judge declared here “outlawed and -.canvicted of the crime
whereof she stands charged in the indictment. It is therefore considered,
ordered and cdiusged that Parmelia Yarber be hung by. the neck until-she ~

aaa ne ett

\¥ _J. Cahoun, who was shot from ambush while plowing in his field. Byrnie -~-

‘ obtained a change of venue to. Cape Girardeau county, was triej and com «
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314 _ HISTORY OF SOUTHEAST MISSOURL -

” pistol, fired a shot, killing Ball instantly. - He was arrested by
Eloy Lecompte, then sheriff, without resistence, and at the No-
vember term of the circuit court was tried. He was ably di
fended by John Scott, who secured an acquittal. Ball was
young man and a stranger in the town.

The first county court under the State government met at.
Ste. Genevieve, on May 21, 1821. Joseph Pratte, James Austin —
and James W. Smith were the justices. Thomas Oliver was re-
appointed clerk, and continued to hold the office until his death,
five years later. At this time the county had become reduced to
its present limits, and was divided into two townships, Ste. Gene-
vieve and Saline. In 1827 Ste. Genevieve Township was divided,
and the northern portion erected into the township of Jackson,
and in 1832 Beauvais Township was formed from parts of Saline
and Ste.. Genevieve, and named in honor of St. Gem Beauvais.
T wo years later Jackson Township was divided, and Union Town-
ship formed from the western portion.

The present jail of the county was erected in 1875 by P. J.
Pauley & Bro. ata cost of about $8,000. At the same time a

_fire-proof building for the clerk’s offices was built at a cost of
$2,500. In 1883 the present courthouse was erected, for which.
$10,000 was appropriated. Tt is a two-story, brick building,
trimmed with free-stone. In 1880 a farm, consisting of 118 ©
acres, was purchased from Jules F. Janis for a poor farm. It
has since been greatly improved, and is now one of the best in-
stitutions of the kind in Southeast Missouri.

Officials.—The officers of Ste. Genevieve County have been
as follows: The clerk of all the courts from 1804-25, was
Joseph D. Grafton.

Clerks of the County Court.—Joseph D. Grafton, 1825-42;
Jesse B. Robbins, 1842-47; J. N. Amoreaux, 1847-48; John N.
Littlejohn, 1848-54; Charles C. Rozier, 1854-65; John L. Bogy,
1865-82; Cyrus C. Kerlogon, 1882-86; J. F. Lecompte, 1886.

Clerks of the Circuit Court.—Joseph Bauman, 1870-75;
Jules B. Guignon, 1875.

Judges of the County Court.—Joseph Pratte, 1821-22;
James W. Smith, 1821-22; James Austin, 1821-22; Michael
Goza, 1822-23; Joseph D. Grafton, 1822-25; John 8. Barret

i te cae eae


HISTORY OF SALINE CCUNTY,

1878.

n February, of this year, the Saline county live stock exchange Was

to build a new jail, the county court, in May of this year, made an appro
priation of $20,000 to be used in this way.

The panic of this year was severely felt in the county, as shown by the
Suspension of the Saline county bank, of Marshall, and the Miami bank.

Early in this year an effort was made to organize a new county, to be
called Brown county, out of Saline, Pettis, Johnson and Lafayette; a bill
y, to this effect was introduced in the legislature, but was defeated.

In March it was discovered that John T. Carlisle, the escaped murderer,
ives then a convict in the state penitentiary, whither he had been sent from
Laclede county, for grand larceny, under the name of Clark Anderson.

On March 20th, occurred the death of Dr. J. A. Gaines, aged 51. Dr,
Gaines was an old and highly esteemed citizen of the county, and much
lamented in his death.

May 2.—In the afternoon of this day, a whirlwind or cyclone passed
over the county, causing great damage to Property, and some loss of life.
A negro cabin containing three children was struck by lightning, and
burned, together with itsinmates. A perfect deluge of rain followed, and
several parties were drowned while attempting to ford streams.

At the June term of court, John T. Carlisle was brought from the pen-
itentiary, and re-sentenced by Judge Wood, -o be hung on the 24th

|

Carlisle’s attorneys took exceptions to certain rulings of the judge,
and appealed to the Supreme court. The court Sustaining the rul-
ings of Judge Wood, Governor Woodson was asked to commute his

M. Sappington. The prisoner was composed and resigned to death, and
after a short religious service by Father Murphy, the trap was sprung
and the soul of Carlisle was sent to eternity. ‘\ L

“7 VA\ °
\Vieig

7

r

ah, ss

HISTORY OF SALINE COUNTY. 383.
i °

.e Marshall fair was opened successfully ir  »tember of this year,
vs an address by J. P. Strother.

* November 10.—The trial of Patrick Guthrie for the murder of Daniel

Wheeler, created much excitement, and resulted in the acquittal of Guth-

The last occurrence of note for this year, was the accidental shoot-.

eg of Mr. Samuel Boyd, while passing near a riotous crowd. Mr. Boyd

won recovered.

1872.

Early in this year, infamous lies, about the killing of negroes in this
county by a Ku-klux klan, were circulated throughout the papers of the
anh. The stories were utterly without foundation, but created a bad
reputation for us abroad. A deal of trouble grew out of arrests of promi-
sent citizens, by deputy U. S. Marshal Frankel, for alleged irregularity
- the sale of leaf tobacco, and several parties were fined.

June 1.—The mass convention with respect to the nominees of the
Cincinnati convention, was the most harmonious for years, and infused
zew life into the democracy.

On June 24th, a fire broke out in a bakery belonging to Mr. Peters, in
Marshall, and several business and dwelling houses were burned.

July 4-—George Weker was found lying in a ditch near Marshall, cov-
ered with blood from thirteen wounds inflicted with a knife. Suspicion
po:nted to one John Carlisle. He was arrested, tried, and the jury failed
‘o agree. A second trial resulted in his conviction of murder in the first
cegree, and he was sentenced to be hanged on the 22d of July, 1873. On
‘ne Ist day of July, 1873, he effected his escape from jail.

During this month, the decision of the supreme court, making void the
$40,000 in L. & M. R. R. R. bonds, creating much demonstration and
rejoicing throughout the county. September 9th, the democrats and lib-
‘rals held a convention and nominated a joint ticket, which was elected by
a large majority at the ensuing election. The year 1872 was memorable
‘2 the political annals of the county from the fact that it was the first year
“1 which the democratic candidate for president carried the county since
1338. At the November election the vote stood:

Greeley and Brown, regular democrats and liberal republicans. .... 2,790
rant and Wilson, PODUDTICIIR 25055 5 oe. 5 cen ov occ ba gie bs FWee ees 1,283
Cnnor and Adams, straight democrats............5 seeeeeee 32
Greeley’s majority over all... 0... ce ee cee ce eee eee eee 1,475

/Nsheay af SAlive& Cote

/) SS OLWUE St. Lo L/S 7 Jy CPLULL

Hy lenac all Company /8&/


VERNON COUNTY, MISSOURI

.

HANGINGS

|

|_| — \THE4890S

By BETTY STERETT
Staff Writer

In the early days it was the
unwritten law of the west that
a horse thief was as bad as a
murderer. While killing your
neighbor wasn’t condoned in
Vernon County and usually
‘resulted in drastic punish-
‘ment, killing his horse meant
almost certain death —
usually at the end of a rope.

Nevada’s pioneer merchant
Colonel Harry C. Moore often
told about an incident that
happened in 1870, shortly after
he opened his first store on the
square. ‘‘Early one morning
as I was walking to work I
noticed the bodies of two men
swinging back and forth in the
breeze from an old elm tree on
West Cherry.” The old gen-
tleman would add with a
twinkle in his eyes, “‘It was a
severe remedy, but we just
had to put a stop to that horse
stealing.” pig

The list of executions is a
long one. In 1867, after a posse
went looking for the mur-
derers of General Joe Bailey,
sheriff of Vernon county, they
found the body of Tom Ingram
hanging to a tree at the ege of
the timber skirting Nevada. It
was rumored he had helped

—_
: >

the guilty Pixley brothers
escape.
Not long after Bailey’s

- murder a man accused of

horse stealing was hanged on
upper Clear Creek and two
years after he stole a mule in

- Richland Township, John

Chrisman made the mistake
of coming back to Vernon
county from Colorado too
soon. The day after he
returned they strung him to a
tree. A man might forget his

best friend, but not his \

favorite mule.

On the night of July 19, 1874,
a well-dressed young man by
the name of Frakes was
snatched from the arms of his
mistress by eight men who
took him to a secluded spot a
mile east of Nevada and after
hanging him to a tree, shot
him full of holes. Later it was
proven the poor man was not a
horse thief and robber after
all, but a gambler and loafer
with a liking for fast women
and cards.

More than a year after

«shooting his old friend Tom

Howard and hiding the body
near the railroad tracks
following a night of drinking

’ and debauchery, William Fox

was sentenced to hang. The
crime might have gone un-

’ detected if workmen called to

the scene of a derailment
early the next morning had
not discovered the body.
Although Fox was arrested
and confessed to the murder,
for some reason Jude Charles
Burton refused to accept his
confession and ordered him
tried on a plea of not guilty.
Fox was indicted, convicted
and sentenced to hang.

Although printed invitations

weren’t extended to neigh-
boring officers of the law, as
was often the custom, at 12
o’clock there was a big crowd
down at the railroad trestle in
the southeast part of Nevada
where the hanging took place.

Early one morning in 1885,
at a lonely spot in the Mar-
maton River bottoms three
miles northeast of Nevada,
they found the bodies of Jacob
Sewell and his 17-year-old son
Mack in a shallow grave,
covered with leaves. Horribly
mutilated, the skulls of -both
had been crushed and their
throats slashed. Father and
son had attended the fair in
Nevada and were on their way
home.

It was soon learned the

County.

t

crimes were committed by a
derelict named Henry Stair
and his young mistress who
had ambushed the Sewells and
stolen their horse and wagon.
Nannetta, a comely 23-year-
old Quaker ‘‘fallen from
womanhood” to become a
partner of Stair in his crimes,
managed to get off with five
years in the penitentiary, but
her paramour was sentenced
to hang. From the railroad
trestle scafford the wretched
man tossed a handkerchief to
his woman and cried, ‘‘Good-
bye Nannetta, I’m going to the
angels,” as they slipped the
noose around his neck.

' The gruesome hangings
went on and on for another 10
year's until 1895, when Sheriff
Scrogham and his deputy
helped a terrified man mount
a scaffold in the north yard of
the old county jail (Bush-
whacker Museum). While a
curious crowd gathered at the
corner of Main and Hunter
looked on, the trap was
sprung, and the prisoner
dropped to his death. A man
accused of killing his wife was
the last to be hanged in Vernon

[END]


WARREN COUNTY, MISSOURI

LSTORY:

OF

ST. CHARLES, MONTGOMERY AND WARREN

COUNTIES, MISSOURI,

WRITTEN AND COMPILED

FROM THE MOST AUTHENTIC OFFICIAL AND PRIVATE SOURCES,

INCLUDING A HISTORY OF THEIR

TOWNSHIPS, TOWNS AND VILLAGES,

TOGETHER WITH

A CONDENSED HISTORY OF MISSOURI; A RELIABLE AND DETAILED HISTOKY OF
ST. CHARLES, MONTGOMERY AND WARREN COUNTIES— THEIR PIONEER
RECORD, RESOURCES, BIOGRAPHICAL SKETCHES OF PROMINENT
CITIZENS; GENERAL AND LOCAL STATISTICS OF GREAT
VALUE; INCIDENTS AND REMINISCENCES.

Shawnee Library System
Carterville, Illingis 62918


836 HISTORY OF VERNON COUNTY

tion of the crime. The woman, who was 23 years old, came of a
Quaker family in Indiana, and had fallen from her womanhood
and became a partner of Stair in his crimes. 3

A special term of court was convened by Judge Burton on
August 22, indictments against the man and woman were duly
returned, and on the 24th both were arraigned and pleaded not
guilty. H. H. Blanton, prosecuting attorney, presented the case
of the state, and the defense was conducted by Messrs. Scott and
Hoss, of Nevada, and a Mr. Martindale, of Indiana, a brother-in-
law of Stair. His father, Frederick Stair, aided by furnishing
money for his defense. Stair’s claim that he paid the elder Sewell

$350 for the teams and other property in the presence of a man ~

named Green, who, he alleged, must have committed the murders
to get the money; that when he drove away he did not know the
dead bodies were in the wagon and did not discover them till
he reached the Marmaton bottom, and then sought to hide them
to ward off suspicion against himself were such palpable lies that
they had no effect, except to show the prisoner’s further depravity
by his willingness to add perjury to his already long list of
erimes. The verdict of the jury, after a few minutes’ deliberation,
found both parties guilty of murder in the first degree, and Judge
Burton sentenced them to be hung on October 22. On appeal to
the supreme court the judgment of the cireuit court was affirmed
as to Stair, but on account of an error in the allowance of certain
evidence against the woman, as was claimed, a new trial was
granted her, though no one doubted she was as guilty as the man.
Subsequently she confessed that Stair committed the murder,
using an old hatchet as the death weapon. As stated, Stair was
executed on January 15, 1886, and to the last he asserted his
innocence from the scaffold, and denounced those who had secured
his conviction. Among those who witnessed the hanging were
Stair’s father and a sister of his paramour, Mrs. Mattie Mulkey,
to whom he thréw a handkerchief with a request that she give it

to the Osborne woman. After his last words, ‘‘Good-bye, I’m

going to the angels,’’ the trap was sprung, Sheriff Hill having
charge of the execution. The difficulty that would be encountered
in securing a conviction of the woman on a second trial, after the
hanging of the principal malefactor, led the prosecuting attorney,
in May following the execution, to consent to her pleading guilty


Gi iENE RAL PROSPERITY 337

‘to ‘manslaughte r, Rail a sentence of Bye sears Maclin tee in n. the
enitentiary was imposed. _ ERA Maser ena a Let ty

tn Vernon county, as. in ‘many other Gonrrers Mthe: ‘time “was
her 2 “horse. thief was regarded as’ worse, even, than a murder,
* andi more than one such offender paid with his life the penalty of
of hix crime, extra-judicially, at the hands of a vigilance com-
mitte. Men. also, have been lynehed for murder and other
crimes For several years after the close of the Civil War, as has
been stated, there was much lawlessness, and this method of pun-
ishinent was regarded by many as the most effectual way of
suppressing it. For helping the murderers of Gen. Joseph Bailey
to escape, Tom Ingram was hung by a mob in March, 1867; John
Chrisman suffered a like punishment in Richland township for
‘stealing mules; a charge of horse stealing led to the lynching of a
man on Upper Clear creek. In October, 1874, Jaines Harris, of
Virgil township, was arrested and, while being guarded in the
house of Constable James Quick, who executed the writ, a band
of imen took him out at midnight and riddled his body with
‘ntllets. from the effects of which he died the next day, after
tense ayeny af the home of Mr. Cranmer, whither he had man-
aged te drag himself In July, 1875, a 20-year-old boy named
Dudley detused of theft in Bates county, was chased by a band
of men amd overtaken and killed at Balltown. despite his agoniz-
Hag pleas tor mereye On the night of July 19, 1874, a mob of eight
nien entered & heuse in Nevada and took Oliver P. Frakes from
the company of tas mistress, and hung him a half-mile east of
town, riddling the body with bullets as it swung. He was sus-
pected of horse stealing and of participating in the robbery of an
elderly man near Eldorado, but these charges were afterwards
disbelieved when it was learned he was only a gambler, which
accounted for his being able to live in idleness, with plenty of
money and good clothes. And there have been other cases of a
similar nature, but enough have been mentioned to show the
danger and futility of seeking the atonement of one erime hy
th. commission of another, and that as long as criminal statutes
vad courts exist, whatever the offense, and against whomsoever
vharged, no irresponsible mob of men can be justified in taking
upon themselves the administration and execution of what some
are pleased to call the unwritten law.


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504 HISTORY OF WASHINGTON COUNTY.

Jasper Vandiver at a shooting match at Coleman’s store, on the
Arnault Branch, in Washington County. He was afterward
indicted for the murder of Vandiver, tried and found guilty of
manslai ‘a in the second degree, and sentenced to serve three

years in the penitentizty, but was pardoned before the term
expired. o os,

October 8, 1871, Wil!*4m McCarron stabbed Samuel Herring-
ton, constable of Concé#d Township, from the effects of which
the latter died the next dr Thesame month William McCarron,
togethé; > with Patrick and James McCarron, John R. Fatchett
and James Carr, who were charged with being present, aiding and
abetting, were all indicted for the murder of Herrington. On the
8th of December, following, Patrick McCarron was tried, found
guilty of murder in the second degree, and was sentenced to fifteen
years in the penitentiary. The case was appealed to the supreme
court, where the judgment was reversed and a new trial granted.
All the other defendants were granted a change of venue to St.
Louis County, where James McCarron was tried and sentenced

to ten years’ imprisonment in the penitentiary. His case was
, p

also appealed to the supreme court, where judgment was reversed
and a new trial granted. William McCarron died of small-pox
while in jail at St. Louis. The cases of all the other defendants,
including the two that were tried as aforesaid, after being con-
tinued from time to time, were finally dismissed by the State.
The trial of James McCarron was the first one held in the new
criminal courtroom at the Four Courts, in St. Louis.

In June, 1874, Henry C. Howard was indicted for shooting and
killing Pinkney Harold ata horse race on the Imboden race
track, near Caledonia. Howard was afterward arrested in Texas,
and brought back and tried September 2, 1876, and acquitted on
the ground of self defense. In February, 1876, George Dearing
was indicted for the murder of Stephen Bequette. It was alleged
that Dearing stabbed and killed Bequette on the 14th of Jan-
uary of that year. He was tried and found guilty of murder in
the first degree. An appeal was taken to the supreme court, and
anew trial granted. He was again tried in April, 1878, and ac-
quitted on the ground of self defense. In June, 1876, William
M. Settle was indicted for the murder of Nathan Cowell. The

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STATE OF MISSOURI. 501

In 1860 Rufus Hopkins and one Johnson quarreled at the house
of a Mr. Roderique, on Arnault Branch, and the former struck
the latter with a rock and killed him. Hopkins was indicted for
the murder, arrested and arraigned for trial, and was granted a
change of venue to St. Louis County, where he was tried
and acquitted. The same year, 1860, William Spencer was indicted
for the murder of his mother-in‘lax, Mrs. J-“esnell. He was tried
in December of that year and acquitted on“account of insufficient
evidence to sustain the charge. ~Pke was defended by Judge
David E. Perryman. :

In 1861 Jack Wisdom and Joseph Huff quarreled at the
place known as Hicks’ Diggings, and the former stabbed and
killed the latter. Wisdom was indicted for the murder in De-
cember of that year, and was arrested, and the case continued
until May following, when he -was tried, found guilty and sen-
tenced to be hung July 18,1862. Gov. Gamble commuted the
sentence to imprisonment for life, and afterward pardoned him to
go into the Federal army. Afterward, in 1877, Wisdom was
stabbed and killed at C. D. Smith’s mill, near Lost Creek, by a
person against whom no prosecution was ever commenced. Wis-
dom is said to have been a desperate fellow, and it seems that
the public justified the action of the man who killed him. In
1863 Antoine Reando and Benjamin Davis had an altercation at
Old Mines, and the former stabbed and killed the latter. Reando
was indicted May 27, and was tried June 2 of that year, and
sentenced to serve three years in the penitentiary. He, too, was
pardoned to go into the Federal army. The same year Richard
Marshall killed Moses Baker, in Johnson Township. November
27 Marshall was indicted for the murder, and in May, 1864, he
was tried, found guilty and sentenced to be hung July 9, follow-
ing. The sentence was commuted to imprisonment for life, after
which he was pardoned to go into the army. He threatened to
kill a man who was an important witness against him on the
trial, and after the war closed he met this man in Franklin
County, and by him was shot and killed. . The man had heard of
his threats, and on meeting him killed him to save his own life.
In December, 1863, James Jamison was indicted for the murder
of a paroled rebel soldier (name unknown) whom he met in the


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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 st@uck each of the infants on the head with the edge of the
ax. The terrible deec/'wa? done! A family of five persons was
slain, and the heads:of three were severed from their botties! Was
ever the demon of dest; ction more hellish? Not being satisfied
with their work, the Bends then set fire to the house, thinking,
perhaps, that it might be made to appear that the family burned
to death. The house was consumA by 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


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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 Northeut 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 shootingyofsMercer 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»g¥\ 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 of 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 11,
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 Jolly, and went to the house occu.
pied by the Lapine family, and there, according to the evidence

* The name was commonly called Lago,

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8382 HISTORY OF SOUTHEAST MISSOURI.

looking individuals were seen in Greeneville, bles orgs ery
the next day Sheriff J. T. Davis and his dePuty, pon
started in pursuit of them. They found them at ne
James Lee’s, three and one-half miles west of nce re : rs
dismounted, approached the house stealthily and reache saa
pserved. They covered the two men with their revo ie d
bat the desperadoes, for such they proved to es ~~ oe a -
them. Their cocked revolvers were veg i a ape ene
as lightning, they fired at the sheriff and his deputy, pean
i is was struck under the right eye, an
via ee Bos men fell, and the outlaws again made their
over s of the shooting spread rapidly, and the whole .
population turned out to assist in poy oa ae ee plore: :
i a .T. 2
ee tome eee an Campbell's switch, and two
les below. Those at Campbell’s —

: : ight, and
: ; i ld station house during the night,
switch remained 1p oP Oe ofortheir breakfast, they

. thinking they were the two men

tood watching their approaca, .
al a vite the station house that they recognized two of :
aeee! Both men cocked their guns and laid them on their le

a his companions, Ambrose

f
t Capt. Leeper and one of 41 abr
Bey. ate Seal upon the platform, instantly fired, bringing

both to the ground. They were discovered to be Jesse ar:
3 Hamilton, and both were thought to be dead. is

- ares the left side, and Hamilton in the back and’shoul er.

The toemiet soon recovered consciousness, and informed -_ = 4
tors that another member of the gang, Frank pow _ a

at Mill Springs at 9 o'clock, and a party was = ote Teal

tured ten miles west of Mill Springs, and he a he

we » taken to New Madrid, but to prevent lynching were wore:

ene Hamilton’s wound was fatal. On J une 10, a
rand jury of New Madrid _ returns ss oe and aie : e

wn, for the murder 0 ,

ae papeeaa before the fact. R. M. Darnall, C.

Hawkins and H. C. Riley were appointed to defend the ac ,

HISTORY OF SOUTHEAST MISSOURI. 333

while J, N, Morrison, prosecuting attorney of Wayne County,
J. J. Russell, prosecuting attorney of Mississippi County, and
Maj. R. A. Hatcher, assisted C. A. Laforge, prosecuting attorney
of New Madrid County. Mitchell plead guilty to murder in
the second degree, and was sentenced to thirty years in the pen-
itentiary. Brown and Meyers were found guilty, as indicted, and
hung on July 15,1881. They madea full confession before their
execution, stating that the gang, consisting of Frank Brown, Jesse
Meyers, Robert Rhodes, James Hamilton and Lincoln Mitchell,
was organized at Mill Springs in March, 1881, for the purpose of
emulating Jesse James’ band. They planned to commit a few
robberies in Missouri, and then to remove farther west. They
had prepared themselves with breastplates cut from a ‘circular
saw, but these were found too cumbersome to wear. All the mem-
bers of the organization were from other States, and were unedu-
cated young men of little intelligence.

The officers of New Madrid District and County have been
as follows:

Post Commandants.—Pierre Foucher, 1789-91; Thomas
Portell, 1791-96; Charles Dehault De Lassus, 1796-99; Robert
McOoy, from June to August, 1799; Henry Peyroux, August,
1799, to August, 1803; John Levallee, August, 1803, to March,
1804; Pierre Antoine Laforge, March to October, 1804.

Judges of the Courts of Common Pleas and Quarter-Sessions
of the Peace.—Richard Jones Waters, 1805-07; Elisha Winsor,
1805-12; Henry Masters, 1805-06; J. B. Olive, 1805-12; Michael
Amoreaux, 1805-12; Dr. Samuel Dorsey, 1806-08; Joseph Hun-
ter, 1808-12; P. A. Laforge, 1809-12; Thomas Neale, 1812-15;
John Levallee, 1812-15; William Gray, 1812-15; and William
Winchester, 1812-15.

Judges of the County Court.—Mark H. Stallcup, 1820-21;
Robert D. Dawson, 1821-23; Robert G. Watson, 1821-22;
George G. Alford, 1822-25; Thomas C. Powell, 1822-24; J. H.
Walker, 1823-25; R. G. Watson, 1824-34; Samuel G. Hopkins,
1825-34; Thomas Turner, 1825-32; R. C. Johnson, 1832-38; A.
N. Dillard, 1834-38; P. A. Laforge, 1834-38; J. F. Ross, 1838-
42; Alexander Magee, 1838-44; James Love, 1838-42; R. G.
Watson, 1842-50; Charles A. Levallee, 1842-52; Needham Sikes,


330 HISTORY OF SOUTHEAST MISSOURI.

Township was formed from portions of Lesieur and Little Prai-
rie. In 1845 Woodland Township was dismembered, and one-
half attached to Big Prairie and the other half to New Madrid. =
In 1851 New Madrid County was reduced to its pregnt sizeby =
the organization of Pemiscot County, and no more townships
were organized until 1874, when East and Portage Townships
were formed.

Circuit Court Proceedings.—The circuit court for New
Madrid County was organized by J udge Richard 8S. Thomas, in
December, 1815, at the house of William Montgomery, in Big
Prairie. The first important case tried was that of the United
States against William Gordon for murder. He was convicted,
and was hung just below the town of Winchester. The sheriff
at that time was Col. John H. Walker, and the circuit attorney,
Greer W. Davis. The circumstances of the murder have been
forgotten, and the papers relating to the case destroyed. From
that time for sixty years there was not a conviction of murder
for which the death penalty was exacted. Perhaps the most
closely contested and most interesting case which has arisen in
the history of the county was tried on a change of venue in
“Madison County. On December 12, 1855, Robert G. Watson was
shot and killed by Sullivan Phillips. Watson was one of the —
most prominent, as well as one of the oldest citizens of the
county. Phillips was a youth about sixteen years of age, the son
of Pressly Phillips, and nephew of John L. Ross, both men of
considerable wealth. Phillips had been hauling timber through
fields belonging to Watson against his protest. He went out
to lay up a fence that had been thrown down for the passage of
the teams, and, while at work, Sullivan Phillips, accompanied by
his father and uncle, rode up. He carried a’ rifle, and, without
waiting for a demonstration on the part of Mr. Watson, fired at
him, inflicting a mortal wound. With this the party turned and
galloped away. A hand, who had been assisting Mr. Watson,

reported the bloody deed, and the citizens of New Madrid at
once made up a posse, and started in pursuit of the murderers.
Young Phillips and his companions took to the swamps, but were
surrounded and captured. The fecling against them in all of
the surrounding counties was 50 great that a change of venue to

HISTORY OF SOUTHEAST MISSOURI. 8331

Madison County was granted. There, at the September term,
1858, Sullivan Phillips was tried and acquitted. The father and
uncle were found guilty of murder in the second degree, and the
penalty fixed at ten years in the penitentiary. The defense was
conducted by Samuel Caruthers, Mason Frizzell, D. M. Fox and
several others. A new trial was granted, and, upon various tech-
nicalities and pleas, it was postponed from time to time, until in
1863 it was still upon the docket. Frizzell had been appointed
to the bench of the Ninth Circuit, and was incompetent to try it.

It was, therefore, removed to Washington County, and finally

was dismissed.
In 1881 a gang of desperadoes were found to have made
their rendezvous in New Madrid County, and the attempt to

arrest the outlaws resulted in the shooting of a citizen of New |

Madrid, the sheriff of Wayne County and his deputy, and, with
one exception, in the extermination of the band. The gang had
terrorized some families in the vicinity of their rendezvous,
which was a short distance north of Bayne’s store, and on May
9, 1881, Willie Knox had left his home, fearing an attack from
them. When night came on his family became alarmed and
started for the house of a neighbor accompanied by George
Williams, a youth employed by Knox. Some of the. gang were
watching their movements, and, mistaking Williams for Knox,
fired upon the company, wounding Williams in the thigh. The
next day Knox went to New Madrid and swore out a warrant for
Jesse Meyers, James Hamilton and Robert Rhodes. The sheriff,
with a large posse, went in search of the desperadoes, and about
noon found them at their rendezvous behind a fortification of
logs. A fight ensued in which Robert La Forge was killed
and two or three other members of the posse wounded. One of
the outlaws was badly wounded, but the others made their escape.
The wounded man gave himself up, but he either died soon\after
from the effects of his wounds or was disposed of by some of the
posse. Another member of the gang, who gave his name as Lin-
coln Mitchell, was captured a day or two later and placed in jail.
Vigorous efforts were instituted for the capture of the remaining
members, and officers in adjoining counties were notified to keep
alookout for them. On the evening of May 19 two suspicious


i

COL 17

watt "spy, dro
Box 67

Headland, Ala. 36315

Mareh 1, 1977

The Clerk of Worth County
The Worth County :Court House
Grant City, Missouri 64456

Dear sir or madam:

I am currently engaged in research on Capital Punishment in our Country which I hope to culminate
with the publication of a work which will contain a brief biographical sketch of each person to
have been legally executed in the United States as well as a brief account of the crimes of each.

According to the records that 1 have received, no person sentenced from wWorva County has been put
to death since Missouri began exscuting its condemned felons av the State Prison in 1938. How-
ever, prior to then, those sentencac to die in rour State were hanged locally by the Sheriffs in

the Counties of their convictions and no Stave Departments or Agencies maintain a listing of
those earlier, local executions.

Conseqnently, I am having to solicit this information from the respective Counties. If your
office has any record of any legel hangings in Grant City or Worth County, then I shall certainly
appreciate it if you will advise me of the names and the dates of executions as a besis for fur-
ther researches

If there has never been a legal hanging in worth County and you can confirm this fact for me,

then please do so. A notation to this efiect on the postem of this letter, returned to me, will
be sufficient notification.

If vou cannot help ne, please provide me with the names and addressas of vour local Historical
Society or Museum, a local Historian cr saneonewell versed and knowled,eable on local History,
your newspaper or some other organizations or individvaks who might be of assistance.

Enclosed is a prepaid addressed envelope for your converience in replying and you will, of
course, be given credit in the work itself for any assistance rendered.

Thanking you for your tooperation and kindness, I am,
Respectfully yours,

[egpy pe

way aSPY, oR.
BOX 67
H#ADLAND, ALA. 363h5

Te lise eee ee x \eqe\ iM ou axe
c oa

~


HISTORY

tl

~ Cole, - \poniteaa, - MLorgan, ° Benton,
Vitter, - Yilaties and CYsace
~~ Counties,

MISSOURI.

FROM THE EARLIEST TID
HE PRESERVATION OF SUNDRY PERSONAL, BUSI-

RDS; BESIDES

{—E TO THE PRESENT, INCLUDING A DEPART WENT
ce

DEVOTED TO T
NESS, PROFESSIONAL AND PRIVATE RECO
ees **

A VALUABLE FUND OF NOTES, ORIGINAL ¢
eget st - ‘of
‘«  _QBSERVATIONS, ETC., ETC. EP H

ILLUSTRATED.

CHICAGO:
THE GOODSPEED PUBLISHING co.
1889.

2 Property of
Houston-Love Memorial Library

os yt can] —
Sony tow Sy ol © Pr nae
BOT, Prac. DOTA

aamocery) | bywnag


716 EXECUTIONS OF CRIMINALS.

hanged. Landgraf was thought by many to
be half-witted at the time.

Hugh M. Brooks, alias Maxwell, was
hanged August 10, 1888, for the murder of
Charles Arthur Preller in room 144 of the
Southern Hotel.. The crime was, perhaps,
the most sensational that ever occurred in
this city, and the fact that Brooks was, like his
victim, an Englishman, added in no small
measure to the excitement. Brooks and
Preller had made acquaintance on board the
steamship “Cephalonia,” on their way to this
country; and the result was a friendship, ap-
parently as false on one side as it was sincere
onthe other. Brooks was without means, but
Preller was well provided and generous; and
the pair arranged to proceed to Australia in
company, after having done the United States.
Preller rejoined Brooks at St. Louis, where
they were last seen together on Easter Sunday
of 1885. The next day Brooks left the hotel
alone, leaving two trunks and a handbag be-
hind him. Disguising himself, he hastened to
San Francisco, and in a few days sailed for
New Zealand. Suspicions meanwhile being
aroused at the Southern Hotel, the trunks left
behind were opened.
body of Preller was found with a placard at-
tached reading: “So perish all traitors to the
great cause.” This was but a piece of cheap
melodrama, indulged in possibly with the
view of making the crime appear an act of
vengeance: on the part of the Fenian Broth-
erhood, which was just then very active, and
with many sympathizers among the Irish-
Americans in this country. The sleuths
of the law were not, however, to be thus easily
hoodwinked. Brooks, alias Maxwell, was in
course of time captured in Australia, and re-
turned to this country to pay the penalty of
his crafty and cold-blooded crime. Brooks
met his end with composure, and declined to
indulge in any speech-making as “theatrical
and hackneyed.” His defense was that Preller
died under the influence of chloroform, and
that murder was never intended. Some sen-
sation-mongers affected to fear that interna-
tional complications might arise out of the
affair. But Great Britain is too prompt in
dealing with her own murderers at home,
without much concerning herself as to their
nationality, to cherish aught but sentiments of
gratitude for a nation which, by due process
of the law, ridded her of a particularly choice
specimen of a ruffian.

In one of these the |

Henry Henson was hanged August 13,
1891, for the murder of his wife Ida, a timid
and lovable woman, to whom he had been
married less than three months. Henson on
his arrival at his home, on the evening of Feb-
ruary 2, 1887, found one of his wife’s lodgers,
a crippled tailor, leaving. He thereupon
accused her of receiving the attention of the
tailor. This the woman indignantly denied.
He thereupon shot her with a revolver, and a
few minutes later fired upon the woman’s
son, as he was hurrying from the room in
horror. The defense was accident, but the
jury brought in a verdict of murder in the first
degree. Henson met his fate with scoff and
defiance. The clergyman who :ought to
bring him spiritual consolation he called “a
soap peddler,” and ordered him out of his cell.
He resisted the summons to death furiously,
struggling with the officers for a time like a
maniac. Though Henson referred to himself
as a Dutchman, in the words “I show you a
game Dutchman,” he was, in fact, neither a
Dutchman nor a German, but a native of Den-
mark.

Charles Wilson, colored, was hanged July
26, 1894, for killing Moses Hodges by shoot-
ing him on November 8, 1892. The trouble
between the pair arose overa woman. Wilson
displayed great nerve throughout the whole
affair, even to the extent of passing his last few
days in writing sentimental verses to “Annie,”
the woman who had been the cause of all his
trouble. He died without bravado. His last
words, delivered after the fatal black cap had
been drawn over his face were: ‘“Good-by,
boys,” in reply to “Good-by, Charlie,” ad-
dressed to him by several of the deputies,
who stood around him on the scaffold.

Sam Welsor was hanged January 12, 1894,
for the murder of Clementine Manning, his
sweetheart or mistress, on August 4, 1890. In
the fall of 1889 Miss Manning had won five

- thousand dollars in the lottery and was pre-

paring to leave her surroundings, which were
not of the best; when Welsor heard of her
fortune, and called to see her at 514 Market
Street. He then threatened to kill her if she
attempted to abandon him. The woman per-
sisted in her intention, and Welsor shot her
no less than five times through the head.
The murderer tried to feign insanity, but with-
out success. Welsor was to be hanged short-
ly after 8 o’clock in the morning. Shortly
after 5 o’clock a crowd began to assemble


EXECUTIONS OF CRIMINALS.

persons, who had crushed into the jail en-
closure, while a crowd of some two nundred
were gathered together on a house on Twelfth
and Clark Avenue, to catch a distant view of
the gruesome spectacle. For Nugent consid-
erable sympathy was expressed, but his brutal
companion died unlamented.

Matt Lewis was hanged in the jail yard,
March 14, 1884, for the murder of his wife by
stabbing her, October 13, 1876. The man was
mot arrested until the following September.
The case went to trial no less than four times.
He was finally convicted November 26, 1879,
and sentenced to be hanged. Lewis was a

- tough character and had been more than once

under the shadow of the scaffold. During his
several years in the jail, he succeeded to the
title of the “Father of the Jail,” a distinction
which in a murder case says much for ‘the
law's delays. Lewis left behind him a ‘con-
fession of his guilt, but sought to palliate his
crime by accusing his wife of infidelity.
Charles Wilson, colored, was hanged Janu-
ary 15, 1886, for the murder of William
David, on December 31, 1882. Wilson

worked on the boat “Fanny Tatum,” of

which David was mate. Owing to some dis-
agreement Wilson ran away from the boat,
but subsequently returned to demand pay-
ment of some money that he alleged was due
to him. He claimed that the mate put him
ashore and brutally drove him away. Be that
as it may, Wilson threw two missiles at Da-
vid, one of which struck him on the head.
The man died within half an hour. Wilson
was promptly arrested while trying to escape,
and was tried and convicted, December 13,
1883. The case was taken to the Court of
Appeals, and afterwards carried up to the
Supreme Court, but without avail. Wilson
met kis fate bravely, dying as a Christian.
He claimed that if he had been a white man
he would never have been hanged. His case
aroused much sympathy in several quarters.
Robert Grayor was hanged December 10,
1886, in the jail yard, St. Louis, for killing
Berry Evans, May 6, 1883, with a club. Ev-
ams and he had worked at Reilly &
Wolfert’s stables, and the night before
they = quarreled about their work, when
Evans, Grayor said, struck him with a
whip. Next morning they met at the
sable; Evans taunted him and Grayor struck
him twice with a stick. Evans died that aft-
_ moon, and Grayor was arrested, while hiding

715

behind a bale of thay in the loft of the stable.
He was tried and convicted April 11, 1884.
The case went to the Supreme Court, and
was twice there affirmed.

Daniel Jewell, a steamboat cook, was
hanged April 15, 1887, for the murder of his
wife by shooting, at her mother’s residence,
1118 Morgan Street. At the time of the crime
Jewell was but twenty-one years of age. It
was a case of jealousy, the young couple hav-
ing more than once quarreled and separated.
He wanted his wife to return to him, and
she refused. She accused him of carrying a
pistol, which he denied. She insisted, and
placing her hand on his pocket, felt the
weapon. He then drew the pistol, and in-
flicted a wound from which the woman died.
After the usual delays Jewell was hanged.

Alfred Blunt, a little hunchbacked negro,
was hanged in the city jail yard June 24, 1887,
for the murder of his wife, in Carondelet, May
21, 1886. The pair quarreled frequently, the
man charging the woman with not caring for
him, because he was a cripple, and with going
with other men. The woman left her hus-
band, who, meeting her, demanded that she
should return. She then proceeded to the po-
lice station and asked that an officer should
accompany her home, as she was afraid she
would be- killed if she went alone. The re-
quest was denied. Arrived at home, the pair
soon commenced quarreling. Finally the
man cut the woman’s throat with a razor, sub-
sequently crushing in her head with a hatchet,
“to end her sufferings,” as he explained.
Friendless, and clad in rags, and with a pair
of carpet slippers too large to stay upon his
feet, Alfred Blunt dropped from the gallows
unwept of all, save an aged mother. He is
described as altogether the most neglected
murderer who ever met death at the Four
Courts.

Henry Landgraf was hanged August 10,
1888, for fatally shooting Annie Fisch, his
sweetheart, March 5, 1885. Landgraf ac-
cused his mistress with being familiar with
other men, a fact she finally admitted. There-
upon he determined to kill her, freely ex-
pressing himself to that effect. His original
intention was to kill the woman at his broth-
er’s house, and he took her there apparently
for that purpose. Being refused admittance,
Landgraf opened upon the woman in the
street with a revolver. - After lingering fifteen
days she died; and for the crime the man was


‘XPLORERS. 717

and pack the corridors of the Four Courts.
‘The crowd at the execution was the greatest
witnessed in years upon such an occasion at

. Louis. Welsor met his fate with fortitude,
@eclaring himself as sorry for what he had

-— done, and that he was no longer, as once he

, “in the same boat with Bob Ingersoll,”
but died believing he had a soul to save.
‘James Fitzgerald was hanged February 20,
7806, for the murder of his sweetheart, Annié
Naessens. He left a letter, addressed to the
public, protesting his innocence. The execu-
tion presented a painful spectacle. The rope
first used breaking precipitated the doomed
Man some eight feet to the wooden platform
below. After a delay of over an hour, during
which Fitzgerald writhed with agony despite

_ all the doctors could do to alleviate his suffer-

ings, a fresh rope was obtained and the con-
demned man was strung up for a second time.
During the delay angry murmurs arose
among the crowd of onlookers, and so threat-
ening did their attitude become at one time
that a detail of policemen were sent into the
jail yard, as a measure of precaution.

John Thomascheutz, a Bohemian, was
hanged June 22, 1808, for killing Anna
Rausch, by shooting. The girl was but
eighteen years of age, pretty and well-man-
mered. She was a clerk in one of the down-
town stores and was head of her department,
réceiving what was for one of her years a good

salary. Thomascheutz was infatuated with
the girl, and pressed her to marry him. This
she, though apparently inclined to be most
‘friendly, declined to do. Meeting her one

evening as she was returning home after vis-
iting a relative, the young man renewed his
suit. “I can not, John,” faltered the girl.

then you will die, and I will die with you,”
returned the desperate and ill-balanced young
man. Drawing his revolver Thomascheutz
shot the girl in the back, severing the spinal
column. Tor this cowardly crime he was ar-
taigned and sentenced to be hanged. Dur-
ing his incarceration the condemned man af-
fected insanity, even to the extent of refusing
to recognize his two brothers on the eve of
death. Weak and nervous, he met his death

as a poltroon.

George Thompson, colored, was hanged
August 1, 1898, for killing Joseph Cunning-
ham, white, by means of poison, administered
September 29, 1894, Thompson bore a
grudge against Cunningham for having re-

placed him as janitor. Meeting Cunningham
on the afternoon of the day named at St. Pe-
ter’s Episcopal Church, he invited him to share
his luncheon. As the invitation was cordially
made, Cunningham readily consented and ate
freely, Thompson affecting to have no appe-
tite. The food was heavily charged with
strychnine and the result was fatal. Thomp-
son was tried and duly sentenced. His case
has some historic interest, owing to the fact
that he was the only condemned murderer in
the criminal history of Missouri, up to his
time, who ever appeared personally before the
State Supreme Court. Three times was the
death watch placed over Thompson prior to
the execution, and three times was he respited
through legal technicalities. Another notable
circumstance in connection with the case was
the use of poison, a piece of cunning foreign
to the negro nature. Thompson was married,
lived comfortably and was unusually thrifty
for one of his race. Like most of his color he
did not lack for physical courage when the last
supreme test arrived.

Explorers. — Histories of the develop-
ment of civilization in what is now the
middle western portion of the United States
usually begin with accounts of the explora-
tions which led up to the colonization of the
different portions of this region, and the
names of the chief explorers are familiar to
most intelligent persons of the present day. It
is believed, however, that to group together
the names of those whose explorations and
discoveries contributed either directly or indi-
rectly to the settlement of the Mississippi Val-
ley will serve a useful purpose in this connec-
tion, Passing over the names of those ex-
plorers for whom continental discovery is
claimed, or who discovered portions of the
continent remote from the Mississippi Valley,
and taking them in the order suggested by the
dates of their most important achievements,
Juan Ponce de Leon should first be men-
tioned. In 1512, under the auspices of the
Spanish government, he sailed from the port
of San German—in search of “the fountain of
eternal youth,” which he expected to find in
an island called Bimini—and on March 3d of
that year landed near the site of the present
city of St. Augustine, Florida. He was the
first European to land on this coast, and gave
to Florida its name. Francisco de Garay, a
companion of Columbus on his second voy-


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