Daviess County, Missouri - Chapter 15: Circuit Court Cullings, Bridges, Robbery, and De Falcation, 1882

Chapter 15: Circuit Court Cullings, Bridges, Robbery, and De Falcation

Cirenit Court - Second Term - When the Fun Began - Mormon Indictments - First Power of Attorney Recorded - FKirst Deed - First Marriage Certificate - A ppruisement - Something Oviginal - Petition for Removal of County Seat--County Bridges - Mo lerna Bridges - Robbery of ex Sheriff William F. Flint - The Particulars - Lurther Fucts - Defaleation of Thomas J. Flint - Report of Finance Committee.

The first Cireuit Court held in Daviess county commenced on Thursday after the fourth Monday in July, 1837. Tlonorable Austin A. King was. judge, Thomas C. Burch, who was Judge King's successor on the cirenit bench, was circuit attorney, James B. Turner was clerk, and William Bowman, sheriff. The court was held at the house of Elisha B. Creekmore, a good sized log building. nearly a mile from the public square of Gallatin, Le boarded the judge and some others, and Jacob Stollings who kept the first boarding-house in Gallatin furnished meals and lodgings for others, Judge King and the other officers of the con t all produced their commissions having received their appointments from the governor. At the opening of this court Daviess county belonged to the Fifth Judicial Circuit. In 1839, it was the Eleventh to which it remained attached for several years, It now belongs to the Twenty-eighth Judicial District, composed of the counties of Worth, Harrison, Daviess, and Gentry, and the present judge, 1831, is the Honorable John C. Howell of Bethany, [rrison county, a of fine legal attainments and an able and upright judge.

The tirst ease on the ducket and which has the honor of leading the litigation of Daviess county was that of: - "Jonn Racrayp, plaintiff and appellee, here for leave to take a non-suit which is granted. Therefore it is considered by the court that the jndgment of nonsuit be entered in this cause, and that the appellant recover of said appellee his costs in this court as well as before the justice of the peace and that execution issue theretor.

"The plaintiff in this cause asks leave to dismiss his suit and withdraw the note, which is granted. It is therefore ordered by the court that the plaintiff have leave to withdraw his note aud also defendant recover from the plaintiff the costs by him in this behalf expended and that he have execution therefor."

The ease of William Bowman v. Andrew O'forn was continued that term and also the next. The sheriff had, in the mean time, brought the grand jury into court, and they having received their charge from the judge, took 'to the woods for deliberation, ete. They had "ete," in those days. The following composed the grand jury: -

The trip to the woods and the deliberations of the grand jury resulted in only one indictment fora crime against the peace and dignity of the State of Missouri, in general, and the county of Daviess in particular. The indictment "was against James Handley, * for assault with intent to commit manslaughter." That being all the grand jury was discharged.

Second Term

The court met on the day appointed, the first Thursday after the fourth Monday in November. There was but little business; the session again lasted but one day, and the Bowman and O'Horn case was again continued, The second grand jury found only two indictinents. They were against John A. Williams and Wilson McKinney. They had deliberately violated the law in selling groceries without a license. The enormity of this offense was such that they pleaded guilty, and threw themselves upon the mercy of the court. The court mercifully extracted a fine of twenty dollars from each of these wicked men, and told them to go and sin no more. They sinned no more in that line, for, as the license was only fifteen dollars, and they were mulct for twenty, it was a clear case of honesty being the best policy, and the records show that they were applicants for license afterwards. The bond of William Bowman, sheriff of Daviess county, which had been taken up by the clerk, in vacation, was produced in court and ordered to be certified.

The Fun Began

The fun did not really begin until the third term of the Circuit Court, which commenced March 29, 1838. It was about this time discovered that "playing ecards on Sunday, betting on cards, and allowing card-playing and betting in a house" was a crime against the laws of the State, and the morals of the community. With this new discovery, Judge King charged the jury, and the latter, feeling that they had a duty to perform, heroically went to work. It might be incidentally mentioned that the two previous sessions of the Circuit Court had not paid expenses, and it is barely possible that this had something to do with making them pay for their fun. Be that as it may, the grand jury went manfully to work under the new charge of the judge, and promptly ground out not only indictments, but expenses which seemed to make everybody happy but the victims. Forty-three indictments were the result, and some of the victims claimed that if the grand jury had been perfectly impartial, they would have indicted themselves in a body, for they, too, were guilty of card-playing and betting. The grand jury returned true bills against the following persons; to-wit, William Cates, Thomas Potete, John W. Martin, John S. Wilkinson, William Baker, David Bronsteller, Larkin Givens, James Handley, John B. Comer, James B. Turner, William Kelsey, Jonathan Oxford, John A. Williams, William M. Jacobs, William Feurt, Benjamin J. Brown, Henry Carsner, Elisha Edwards, H. J. Comer, Anderson Martin, James M. Henderson, William P. Peniston, Wiley Oope, Abner Rogers, Lewis Hunt, Jacob 8. Rogers, Thomas McMurtry, Isaac Best, Francis Peniston, Jacob Stoll ings, William Oxford, Silas Best, Unberson Lyons, Jesse Morin, Wilsom McKinney, James Blakeley, James C. Rentro, Alfred Hickman, Martin Osborne, and Jolin Connor. All of these were indicted for betting at cards. Then the jury indicted McKinney over again for keeping a gaming-house and found an indictment against Jonathan Oxford for trespass on school Jands, and against George Pritchett for peddling without a license. Alb those found betting at cards were fined five dollars, and all paid it but William Cates, who claimed the right to be tried by a jury of his peers, which was promptly granted, and he got off with a one cent fine, but his lawyer took in the five dollars for defending him, and so he came out one cent behind, but the trial was rich. The, defense delivered a regular Fourth of July oration, and the State was not to be behind in eloquence. It was claimed afterward that that speech of Attorney Burch made him judge the next year. Cates was painted pretty black, and when the fun was over Cates had to treat, but then real corn whisky was only twenty-five cents a gallon, and the fan was worth it. Wilson McKinney paid twenty-five dollars fine for allowing gambling on his premises. Then Jonathan Oxford put five dollars more into the county treasury for trespass, and just how Pritchett came out was not stated at that term of court.

" Now, at this day, comes the circuit attorney, who prosecutes on behalf of the State, and the said defendant, in his own proper person, and the said cirenit attorney, by leave of the court, says he will not further prosecute the said defendant. It is, therefore, ordered by the court that the said defendant be discharged and go hence without day, and that he recover his costs from the State of Missouri by him in his behalf expended."

There was not much of an exciting nature to come up before the courts, and they moved along grinding out a few indictments, but the civil practice soon began to swell the docket, and it was not long before the court could not dispose of the cases before it in one term. And from one day holding court it ran up toa week. The indictment of the Mormons was the next that commanded the attention and raised the excitement of the people. They were red-hot for summary punishment on the Mormon leaders. These cases came before the court-in the spring of 1839,

Mormon Indictments

The Cireuit Court met in April, 1887, and at this time came up the Mormon difficulty. On the second day of the session the grand jury brought in the following indictments, and prompt action was taken in their cases. It was this taking a change of venue by all the defendants to Boone county, which resulted finally in their escape from William Morgan, then sheriff, and his guard, who took charge of the prisoners to convey them to the Boone county jail. And it was that escape which so incensed the people of Gallatin against the sheriff when he reported their escape that caused the said sheriff to be rode on a rail, and William Bowman, the first sheriff, who had furnished the Mormons horses, to be dragged around the public syuare by the hair of his head and otherwise maltreated. The following were the persons indicted, all being Mormons, and what crime the indictments

"The judge of this court having been counsel in this cause; and the parties herein not consenting to a trial thereof in this court; bnt the said defendants, Joseph Smith, Jr, Lyman Wight, Hiram Smith, Caleb Baldwin and Alexander McCray, objecting thereto, for the reason that the judge of this court has been of counsel in this cause: It is ordered by the court here that said cause, as to the said Joseph Smith, Jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alexander McCray, be removed to the Cirenit Court of the county of Boone, in the Second Judicial Cirenit, in this State. It is further ordered by the court here that the sheriff of the county of Daviess do, and he is commanded, to remove the bodies of the said Joseph Smith, Jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alexander McCray to the jail of the county of Boone aforesaid, and there deliver them to the keeper of said jail, together with the warrant or process by which they are imprisoned or held."

First Power Of Attorney, Recorded

"IXnow all men by these presents, That we Levy Taylor and Ann, his wite both of the county of Daviess, in the State of Missouri, have made and constituted and appointed, and by these presents do make, constitute and appoint Abram O. Smoot, of the county of Daviess, our true and lawful at- torney for us, and in our name, and for our use to ask, demand, sue for, recover and receive all such sums of money, debts, goods, wares, and other demands whatsoever, which are, or shall be due. owing, payable or belonging to us by any manner or means whatsoever. Especially we hereby give ate the aforementioned Abram O. Smoot, full power and authority in our name and for us, to obtain possession of a certain lot of negro men and women, with all their increase which have become, and are now our lawful property; namely, our negro man named Ned, one named Peter, one named Dick, dnc one naned Larkin; also one negro woman named Clara, one named Charlotte, one named Easter, and one named Kate, with all their respective inerease as before mentioned; giving aud granting unto our said attorney by these presents, full power and authority in and about the premises to have, use and take all lawful ways and means in our names for the purposes atoresaid, and upon the receipt each, any or all of the above mentioned negro men or women and their increase, acquittances or other sufficient discharges for us and in our names to make and give; and generally to all other acts, things in the law, whatsoever needful and necessary to be done in and about the premises, for us and in our name to do, execute and perform as fully and to all intents and purposes as we ourselves might or could do if personally present, and our attorney, we or more under him, for the purposes aforesaid, to make, constitute and again at pleasure to revoke hereby a ratifying and confirming all and whatsoever our said attorney shall lawfully do in and about the premises by virtue hereot, In witness whereof we have hereunto set our hands and seals this third day of October, in the year of our Lord, 1838.

First Deed

"This indenture made and entered into this thirteenth day of January, in the year of our Lord, one thousand eight hundred and thirty-eight, by and between Francis C. Case and Mary, his wife, of the county of Daviess and State of Missouri, of the first part, and Elisha Groves, of the county of Caldwell and State aforesaid, of the second part: Witnesseth that the said 'party of the first part, for and in consideration of the sum of two thousand and sixty dollars to them in hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents doth 'grant, bargain, sell, alien, convey and confirm unto the said party of the second part, and to his heirs, and assigns forever, a certain tract, piece or parcel of west quarter of southwest of section number thirteen, township fifty-eight, range twenty-nine, containing forty acres more or less; and also the southeast quarter of the southwest quarter of section number thirteen, township fifty-eight and range forty-nine, containing forty acres, be there more or less; to have and to hold the said tract, piece or parcel of land with all the appurtenances thereunto belonging or in anywise appertaining to the only proper use, benefit and behoof of him, the said party of the second part, and to his heirs and assigns forever: And the said party of the first part, for themselves, their heirs, executors, administrators, covenant and agree to and with the said party of the second part and his heirs, and assigns the said tract or parcel of land and bargained premises, and every part or parcel thereof unto him the said party of the second part and his heirs and assigns against all manner of claims they will warrant and forever defend the same by these presents.

"In witness whereof the said Francis C. Case and Mary, his wife, of the first part have hereunto set their hands and seals, the day and year above written.

First Marriage Certificate

"J, Elisha H. Groves, a Minister of the Gospel of Jesus Christ, hereby certify that I solemnized the bonds of matrimony between Enoch Riggs and Ann Littlefield, both of the county of Daviess and State of Missouri, on the 27th day of May, 1838. As given under my hand this 21st day of August, 1838.

" Joined in the holy estate of matrimony on the 13th day of February, 1838, Matilda Roberts and Jonathan Hall, before me "A. W. Enyart, J. P. for Davis county, State of Missouri, Grindstone township." "R. Wixson, Recorder." The above are verbatim copies of the originals.

Appraisement

"We, the undersigned, appraisers appointed and duly sworn to appraise, without partiality, favor, or affection, a certain stray beast taken up by Thomas Gilreath, as a stray, and brought before one Philip Covington, Esquire, a justice of the peace for Honey Creek township, in Daviess county, do certity that we have viewed said stray, and find it to be a sorrel mare with some white hairs mixed over her, with a star on her face and a snip on her nose, three white feet, and five years old, twelve hands high, and no brands perceivable. Appraised at twenty dollars. "Certified under our hands this 13th day of May, 1837. " Euisua B. CReeKMorE, "Joun Epwaeps, "Appraisers." "Ido hereby certify that the above contains a true copy taken from my stray book, this 13th day of May, 1837. " Puri Covinaron, "Justice of the Peace."

The next document on file was the same year, and it also was a horse, and it describes the animal as follows: - "Stare or Missourr } Set "County or Daviess. ( 9"

"We, the undersigned, after being sworn before Adam Black, a justice of the peace of Grand River township, and county fourmention, to appraise and perticular describe a certain horse, lately taken up by James Odell, of the county and township fourmentioned do hereby certify that we find the same horse about forteen and a half hands high, five years old last spring, with a white star in his forehead, with a white spot under hit, with some white hairs in hit, his hind feete both white, with some sadel marks on his back; no marks nor brands perceivable, and we do apprais said horse to seyenty dollars.

Something Original

James B. Turner, on assuming the duties of county and circuit clerk, for the county of Daviess, was required to file his bond in the sam of five thousand dollars, that he would be an honest official. The bond has every mark of originality about it, from the paper it was written on to the wording, and all was in the handwriting of the clerk, except those signing the bond. He was, however, a good pensman. The bond reads : - sand dollars. Conditions of this bond to be null and void by the faithful performance of James B. Turner, as county clerk for Daviess county, and that he and his executors, or administrators, will deliver to his successors, sate and undefaced, all books, records, papers, seals, apparatus, and furniture appertaining to his office, and pay over all money which may come into his hand by virtue of his office, as witness our hands and seals, this April 24, 18387.

It was indorsed as follows: - "Excepted by me, one of the judges of the County Court, for Daviess county, this 24th of April, 1887. " Wititram Morcan. "Approved, this Sth day of May, 1837. " Vincent SMITH. " Joun W. FREEMAN."

The State had a good thing, but the county did not seem to get much security. The two last named were also county judges, and the latter presiding justice, although their names on the bond do not state their official character. It was, however, considered a good bond, and filed for record, notwithstanding the " Lwzcepted" on the part of William Morgan.

The following is the petition presented at the March term, 1840, of the County Court for the removal of the county seat. There is no date on the petition : -

"The undersigned resident citizens, housekeepers and land holders of Daviess county, beg leave to represent to your honorable body, that the present seat of justice of said county, being located three miles south and one mile east of the center of said county, and consequently inconvenient to a majority of the present as well as future probable population, because it is in that part of the county which is mostly prairie, and cannot admit so dense a population as the parts lying west, northwest, north and east of the center of the county, which are better supplied with the elements necessary to make settlements. Your petitioners also represent that the county is twenty-four miles square and consequently must contain 576 square miles or sections of land, and by reference to a map of the county your honorable body will discover that about 316 sections lie north of Grand River, while the south side contains only 260. For the reasons above stated and inasmuch as the county has not yet incurred any expense in the erection of public buildings, your petitioners pray that your honorable body will appoint commissioners, as the law prescribes, to select another lecation which will be more convenient as a permanent seat of justice. and they designate Cravensville, as being, in their opinion, the most suitable point, being near the center of the territory of said county, as weli as the center both of the present and future probable population,

County Bridges

The bridge question in Daviess county has been always a prominent one, and there are very few counties in the State that have lad a more custly experience in that line. There has been from the inception of the bridge question, a desire on the part of those asking for these very necessary articies on ecg, ad it has evidently Leen the rule the traveled routcs, to sceure gccd Liids cn the part ot the early builder, to make them werk and of but little dura. ble value. It seemed to be the impression that a poor bridge woud make money for the builder, and it did, for a bridge seldom lasted over two years and sometimes not even one. One of the bridges built sometime in the decade between 1860 and 1870, actually had to be tied to a tree and propped up to stand the required time for the builder to get his money. After he got it he took possession of his rope, and the next day the bridge was gone, Seven thousand dollars was paid for a bridge that lasted less than two years.

Daviess county being well watered by living streams of water, a large number of bridges are necessary. The West Fork of Grand River passes diagonally through the county trom the northwest to the southeast, and it is a stream that requires bridges or ferries in crossing, and adding to this the numerous streams tributary to it, and Daviess county offers a fine field for the bridge-builder.

The first bridge built in the county, says A'ost's History, was built by Adam Black in 1841. This bridge was of the most primitive style, the logs being in the rough, and the plank of the bridge sawed ont with a whip-saw. The bridge was placed across the Muddy on the road leading from 'Di-Amon to Chillicothe. This road is seldom used now, and part of the way is closed up, but at that time it was the main traveled road north and east of the river to Chillicothe. The next bridge, and the first that we find of record, was built in 1844, bya Mr. Mann. It was finished in June of that year and accepted by the county commissioner. This also was built across the Muddy, and on the main road leading from Gallatin to Chillicothe. This bridge was one that took a voyage down stream, but was secured again. It was seldom that a bridge stood the time agreed upon. The spring freshets were generally too much for the bridge-builders of those days, but it was also evident that much better and stronger work could have been done. The Honey Creek bridge built in 1847, and the Grand [iver bridge in 1851, both were carried away by the floods. These were not all, but they led the smaller ones in a trip to the Gulf, wa. the Missouri and Mississippi rivers.

In 1869 more bridges became a necessity, and steps were taken to have at least four put up. Not yet tired of wooden bridges which had fallen down, or been washed away, these candidates tor public favor were to be wooden bridges also. Two of them, one at Roger's Ferry and the other at Groomer's Mill, costing $7,500 each, while the other two were to cost $3,500 each, one spanning Honey Creek, the other Muddy Creek. The first three were completed, and in addition to their original cost, $1,590.43 was expended in approaches, painting, ete. The account was presented in the following shape:

It may as well be related, that this array of wooden bridges soon followed in the wake of their less costly predecessors, only a few years elapsed, ere these representatives of $20,000 of the publie's money and a County Court's foolishness, also went on an excursion to the Gulf ot Mexico.

This was another costly experiment, and it seemed to be perfectly satisfactory, as is attested at this day, by the magnificent iron structures which now span the flowing, and at times, swelling waters of Grand River.

Modern Bridges

The winter of 1876 and 1877 was the beginning of a new era in bridgebuilding. The County Court decided at last to have a few good bridges in Daviess county. Two wooden bridges - one across the Little Muddy on the Gallatin and Jamesport road, and one on the Gallatin and Bancroft road - were contracted for at $295 each, and they were substantially built by John A. Robinson in the fall of 1876. In the following spring he put up another in Liberty township, near the Blue school-house. The County Court then contracted with an iron bridge company to put up five bridges, the most important, as well as expensive, being the bridge across Grand River, near the Wabash Depot. The bridges contracted tor were the

Grand River brideeiai.ccsseecearseien co0e ake deseo tais $10,500 Money Creek Drilee. ides resoiwiseasesanererseweuas 3,695 Lick Fork bridge, Harrison township...........000-00. 2,500 Sampson Creek bridge, Benton township..............4. 1,500 Marrowbone Creek bridge, Sheridan township........... 1,500 In.1878, the Hickory Creek bridge... ccc eececec vee es 400 And.in- 1881, the Bip Muddy Dridg@yis iscsi cesvciesa 895

WROTE s KsvevsrSnue 3's aoe erase ere sara Mash earenne Hermes Salers $20,990 Thé-two first at $295 each. 6 ui seed wea eens Seat encies ese 390

There was another small, bridge finished in 1877 across Cottonwood Creek, the cost not stated. As willjbe seen, the majority of these splendid bridges were put upin 1877. They are allstanding, and attest their value and, also, honest work. These bridges, with the best of the old lot, give to Daviess county a very fine array of bridges, and are a great convenience to the peo- ple. They are all paid for, which is another important item. Many more bridges are needed, and as soon as the railroad debt is paid off will undoubtedly receive attention, for there is a progressive management of Daviess. county affairs, combined with prudence and honesty, which tells strongly in her favor, showing that she proposes in the future to place herself in the

The Robbery Of Ex Sheriff William F. Flint

There had been several exciting episodes in the history of Daviess county up to Febrnary, 1871. The Reno burglary of the county safes was one which lasted for several weeks, and ceased not until its principal actor was safe behind the prison bars at Jefferson City.

The next was the cold-blooded murder of John W. Sheets, and the fruitless efforts of the pursuers to capture his murderer. But, perhaps, neither of these caused as great a sensation, or lasted as long in the minds of the people, as the few words which head this chapter, The loss was greater than the Reno robbery; not as tragical as the Sheets murder; but it was the singularity and the peculiar cireumstances surrounding this robbery, or loss, which made it a chief topic of conversation for months. Lt occurred in February, 1871, and three months after was still a newspaper controversy, There were many singular features in the report of this affair, and not the least was the report by the Kansas City papers, and the defense of Flint by his friends, against the conclusions which two of these papers boldly avowed: - that Flint had robbed himself. The Journal, of Kansas City, was said to have published the fairest statement of the robbery. It was a fepublican newspaper, and the sheriff was a Republican, also, but that statement, as fair as it was said to be, was not fully published in the Republican newspaper, the AZissourian. The whole matter to this day has never been satistactorily explained to the people. The first publication at home was the following in February, 1571, nm the ALissourtan: -

"Our sheriff, while on his way to Jefferson City to pay into the State treasury the amount due the State upon the revenue of 1870, was robbed of $16,780 in Kansas City, at the Gillis louse. The circumstances of the robbery are about these: Ue got up about five or six o'eloeck to leave on the morning train for Jefferson City, and left the hotel and went down to the river, it being but a short distance, to bathe one of his legs that had troubled him for sume time. The robbers seized this opportunity and knocked him down, ripped open his clothing, and took from his person the money. Ie was insensible fora short time. The thieves made a complete and suecess- Tul escape." latin, and also his brother Thomas. The latter took upon himself to try and capture the robbers and returned to Kansas City, but was unable to get any trace of them. Statements were inade and a sharp controversy took place at Gallatin and in the county - very much that was not at all flattering to the sheriff. Still there was no evidence to implicate Mr. Flint, other than the singularity of the robbery.

Perhaps the statement made and published by the Flints was as much a cause of suspicion as anything else. It claims, or apparently shows, that they expected to be robbed. The report is rather too minute of the care taken in the start at Gallatin to prevent any knowledge, and the reckless manner of going to the river alone at five o'clock in the morning, without his brother, in a strange place. We give this statement, leaving the reader to form his own opinion, That the sheriff was unfortunate in losing the money and that he suffered, is trne enough, fur he lost his standing in the community, as well as the money.

The Particulars

The following is from the Gallatin J/fissourian, written by its editor in defense of Mr. Flint, and giving, as he claims, all the particulars of the affair : -

"or some time before Mr. Flint started for Jefferson it was enrrently reported that lie had paid the State all that was due. This impression was made to blind those who might be watching to rob him, and was certainly justifiable and a sharp maneuver. It appears that only two or three persons knew of his having much money about him, and his intention of going to Jefferson City was known only to a few. Betore he started his sister assisted him to count and put the money in his belt.

"After carefully arranging everything and cautiously concealing his intentions, he and his brother got on the hack at Cox's Hotel to go to Hamilton. We saw them just before they started, but did not know where they were going.

"They arrived at Kansas City at half-past three o'clock in the morning, March 8, got off the cars at the depot near the bridge, and went to the Gillis House for breakfast and to wait until time for the train to Jefferson City.

"Before they reached Hamilton, William F. Flint complained of being sick, and continued to complain all the way down. After the chill left him he had a very high tever, and when they reached Kansas City he was quite sick. He went to the table at breakfast, but ate very little. After returning to the sitting-room he was still worse, and remarked he believed he was taking the lung fever, but insisted on going on to Jetterson.

"At train time his brother led him to the depot, three hundred yards from the Gillis House, and when they got there he could go no farther. His brother took him back to the hotel, where they were lodged in room fourteen on third floor. By this time it was daylight. His brother procured some Graffenberg pills and gave him a large dose, and gave him essence of peppermint to ease his stomach. By noon he was easier, but his leg pained him severely. He had been afilicted fifteen years with a very bad fever sore on his leg. During the day he went to the river several times to bathe his lee (the river is only a few paces trom the hotel), and the cool, running water gave it more ease than anything else. At evening train time he was still unable to travel, and he slept very little all that night. They kept the light burning throughout all the night.

"They got up about half past tive o'clock on the morning of the fourth, and Flint took his money from where they had carefully hid it, put it around him, under his clothing, and went down stairs to the sitting-room. His brother soon dressed and followed down after him, but when ie reached the sitting-room, William F. Flint was not there. He went to the washroom, - but he was not there; he then went to the privy, and, some one being in it, he supposed it to be the ex sheriff. Thomas J. Flint returned to the washroom, washed and returned to the sitting-room, expecting his brother would soon bein. Train time being near, he inquired of the clerk the amount of their bill, but received no answer, and the clerk stood gazing in the direction of the door. Two newsboys, with papers, came into the office and stood, looking strangely at each other, but said nothing. Flint again asked, in a louder tone, to pay the bill, but received no answer from the clerk, whose attention was riveted on something out of doors. He then asked if his brother had gone out, and, for the first time, the clerk answered: 'Flint has stepped out.' While he was answering, one of the newsboys went. to the door, looked out, and then shut it, saying something was the matter out there. The clerk immediately ran out, with revolver in hand, making a great bluster. When Thomas J. Flint got out he saw some one at the foot ot the stairs, but did not recognize him until he got close to him, when he discovered it to be William F. Flint, who was unable to ascend the stairs. His vest and shirt were open, and the buttons torn off his shirt. He told his brother he had been robbed of his money, and to run, quick, in the direction of the bridge, for he had seen two men, whom he thought to be the robbers, running in that direction. Thomas J. Flint hurried to the place, as requested, but saw no one.

"William F. Flint had started down to the river, to bathe his leg, where he had been the day before; and, while walking, was knocked down and robbed while yet senseless from the effects of the blow. He says some one followed him down stairs, and he thought it was his brother, as he had _ been close by him on all the trip, guarding against danger.

"As soon as ex Sheriff llint was gker to his room and cared for, Thomas J. Flint went to police headquarters and found four policemen, two = whom went with him to the Gillis House, where the two Flints gave them a full history of the robbery, so far as they knew. The policemen promised to do all they conld to discover the robbers, and said they had suspicioned certain gentlemen connected with the Gillis House, of not being of the right stripe. These suspected parties were not seen about the hotel that morning till about ten o'clock a. m. that day.

"It rained till about midnight the night before the robbery, so that all the tracks in the street that morning must have been made atter midnight. A close examination of the tracks was made. Abont twenty yards from ihe Gillis House near an old building on the bank of the river, were tracks of two or three men, where they had stood and tramped. The size of the tracks showed it to be men, and the different sizes proved that there were as many as three. There were also tracks at the sonth end of an old building twenty or thirty yards below the first place described, where two men had been standing.

"After carefully examining everything that might give evidence in reference to the robbery, and offering a liberal reward; and after seeing the chief of police and making every arrangement that could be made to detect the thieves, the Flints returned home.

"Thomas J. Flint immediately returned to Kansas City, taking with him G. W. Stone, to make further search for the robbers. Flint had his beard trimmed and blacked before he started, so that the robbers would not know him. On Tuesday he saw the chief of police; told him who he was; informed him that he was in search of the robbers and asked his assistance. Soon after having this conversation with the chief of police, the Vews came out with Terry's statement in it, which stated that if the bondsmen of Flint would offer a liberal reward they could learn the whole truth about the robbery. This statement (Terry's) was published in the Vorth Missourian, of March 16.

"Flint went to the editor of the Vers to know who this man was that knew so much about the robbery. The editor referred Flint to Terry, of the Gillis House, and, as Terry might know Flint, G. W. Stone was sent to get his statement, which was carefully noted down as he told it. Terry said that J. E. Rhoades was the man, and Rhoades denied knowing anything about it. The charge made by the Kansas City papers, that Flint had stolen the money himself, was founded on Terry's statement, and his statement being false, of course the charges of the Kansas City papers were unfounded and false. These charges made by the papers referred to were copied throughout the State and have done ex Sheriff Flint a vast amount of damage and great injustice, by poisoning the public mind against him.

"Stone and Flint made every effort to get on the track of the robbers but the Vews and Bulletin, Mr. Terry and the police worked together so effectually as to prejudice everybody against the Flints, and make it useless to

Further Facts

This defense was published April 13, 1871, nearly two months after the robbery and the aftair was still exciting considerable talk. Mr. Flint afterwards made full settlement with the county for what he had held of county funds. In the amount of $16,780, of which he was robbed was $2,000 of school money, and this too was a source of surprise and of severe comment. The sheriff had no business with that money. It was not to go to the State, but into the county treasury, and just why he took that along to swell the amount he never satisfactorily explained. He was compelled to refund the school money, but he did so in county warrants at par which were then subject to quite a heavy discount. History must record the fact, that outside of his friends, the people refused to accept in full faith his statement of the manner of his loss.

The county settled in full, September 25, 1873, Flint paying up all his debt to the county, but the lawyer's fees and costs in the case cost the county over one thousand dollars. One law firm got six hundred dollars and one lawyer $125, in prosecuting the sheriff to recover the amount due the county. This, in substance, is about all that would be of interest to future generations, and that is all that is necessary to embrace in this history.

Defalcation Of Thomas J. Flint

In 1870 Thomas J. Flint was elected Sheriff of Daviess county to sueceed his brother, William F. Flint, who had served one term, and who had met with the unfortunate robbery at Kansas City.

On taking possession of the oftice a very heavy bond was exacted. Not only one, but three bonds were taken. The court felt that they were responsible to the people, and did not feel like taking any risk. : and G. Feurt, serving their first term, and Judge G. M. Keene, reé 'lected, was serving his second. This was a court that show ed firmness enough to f=)

This bond was approved, and remained the only one until August 8, 1871, when the court demanded a second bond in the sum of $40,000, and, still not being satisfied, insisted upon the third bond, August 22, 1872, in the severely handled by the friends of the sheriff for demanding the last one. The two last bonds were signed by the following named persons. The

The election of 1872 resulted in electing J. T. Dunn for sheriff, and required a settlement of the previous occupant of the office. To the surprise of many and the astonishment and dismay of his sureties, Thomas F. Flint was unable to make that settlement. As one of his bondsmen remarked, " How the sheriffcould get $9,000 in debt and not know it, he could not understand." Mr. Flint could not tell what became of the money and promptly came forward and offered all his property to his securities to in part reimburse them. The State was prompt in action and commenced suit at once. Mr. Flint was indicted by the grand jury, August 18, 1873, and arrested, but was released without trial at a term of the Circuit Court in Harrison county. The State claimed $8,926.57, and ten per cent interest per month for all delay. This spurred up matters and a petition was laid before the legislature by the bondsmen asking that the penalty be released. The legislature, in the spring of 1874, passed the bill with the proviso that the prin- cipal and interest at ten per cent from the time it became due and all costs were paid by the bondsmen. Major 8. P. Cox, John dallinger and 8. R. Gurney were the persons who had the matter in charge and sueceeded in getting the above bill passed. A meeting of the securities took place January 3, 1874, and they tried to arrange fora way to pay out. The debt was between fourteen and fifteen thousand dollars, besides what was due the county. The property was taken possession of and a committee of three were appointed to sell the same and make their report to the securities at the earliest possible moment, while an assessment of $50 upon each of the securities was made. Some were slow about coming forward and a few had left the county. At another meeting those who did not meet their assessment were ordered to be sued by some fifty who met and empowered their finance committee to act promptly in the premises. Ata meeting on February 9 1874, it was found that a further assessment of $30 more on each of the securities would be necessary to square the State debt, and it was made.

Report Of Finance Committee

The finance committee sold the property, called on the ninety odd securities for their assessment and, by persevering work, succeeded in getting money enough together to settle the State debt and bring the matter down to the home department. The County Court, however, was not idle and was ready with a little bill, June 9, 1874, of $1,800, which the securities were kindly informed would be thankfully received and duly credited. Of course the securities were thankful for small favors, and accepted the account very much as a boy takes a dose of castor oil, with a sort of grimace, which in nowise added to their good looks.

"The following wre the names of those on Mr. Flint's bonds who paid nothing : - William Sheets. George W. Stone. George Graham. Henry Bolton. Earnest Sheets. Tra Bacon. Pais eal. William H. Folmsbee. Hugh Sharon. Israel Coen. John Wylie. W. R. Ward. George Flint.

"We find a note of $203 yet in the bank, which a few of the securities borrowed to finish paying the State's claim. Also a note of $80 due Daviess county, which the securities will have to pay.

* By investigation it was found that James L. Davis drew from the County Court, county warrants payable to Thomas J. Flint for the benefit of Thomas J. Flint's securities, to the amount of $396.15, which he refuses to properly apply, but claims three-fourths of it as attorney's fee for his services for the securities, and the other one-fourth he turned over to William C. Gillihan, to pay a St. Joseph debt, which Flint's securities were not bound to pay.

"Major S. P. Cox and John Cooper, the financial agents for the securities, sold the property and collected the money for the securities faithfully and honestly performed their duties, and took great pains to make satisfactory and intelligible reports of their labor, and they have given their time to this without asking any compensation, for which they deserve the thanks of all the securities. " Joun S. Hucuxrs,

The cominittee's report was received and accepted by the securities present and a consultation was held in regard to accepting the proposition of the County Court to give them areceipt in full, by paying into the county treasury on or before January 1, 1875, the sum before mentioned of $1,800. They concluded to do so, and the court was so informed. Whether they paid it on time or not is hard to say, but the following order of the County Court was entered of record, not January 1, 1875, but May 17, 1876, and reads: -

" Ordered, That the securities of T. J. Flint, having paid the county $1,800, they be forever released trom any and all liability to the county on account of T. J. Flint's detaleations."'

This ended what is known as the great "Flint Defaleation," which was finally settled to the satisfaction of the State and county, and probably each of the securities were equally satisfied when the matter was disposed of.

While the county had been detrauded many and many atime previous to this the amount was not so large, neither were the securities so numerous, consequently less noise was made about it. The loss was light to each one and probably very few of them, if any, were much embarrassed by the amount thus paid.