Johnson County, Missouri - Chapter 31: - Bench and Bar, 1918

Chapter 31: - Bench and Bar

FIRST SESSION OF CIRCUIT COURT - FIRST RHCORU.S - Fl RST CASF - FIRST ARREST - FIRST SESSIONS -VT WARRENSBURG - JOHN F. RYLAND - RUSSELL. HICKS - FIRST LAWYERS - FEW RESIDENT LAWYERS IN EARLY DAYSLEGAL BUSINESS BEFORE CIVIL W.A.R - SAVING RECORDS DURING WARLEGAL BUSINESS AFTER THE CIVIL WAR - PERSONNEL OF LOCAL BAR IN ANTE-BELLUM PERIOD - GENERATIONS OF ATTORNEYS - PRACTICING ATTORNEY'S OF JOHNSON COUNTY'- COURT STENOGRAPHERS - LITIGATION SINCE 18(;5_"THE OLD COURT HOUSE" (By llel. P. Moody) - THE TRUE STORY OF -OLD DRUM.-

The first session of the Circuit Court held in Johnson county was convened in the residence of Nicholas Houx at Columbus on the 6th day of August, 1835. Johnson county was then in the Fifth Judicial District and John F. Ryland was the judge of this district and presided at this first court. J. H. Townsend was clerk.

The following is the first record: Joseph Cockrell, the first sheriff "returned unto the Court the names of the Grand Jury whereupon the following persons were sworn in to compose that body, viz: Robert Graham. Foreman: Wesley Pinkston : Elmer Douglass; William Davis; John Winser; Jester Cocke; William H. Tombs; Joseph H. Harrison; Nathaniel Lowery ; Samuel Brown; Isaac Anderson; John McHarris; Levi Whitsett; Jake Harrison; Henry Colbern; John Eppes ; John Grant; Caswell Davis; James Grant; James C. Strange; and Jesse Marr, eighteen good and lawful men. who after being duly sworn and after having received their charge from the Court, retired (under a tree) to consider of their presentments.

"Henderson Young Esq. and Eldridge Barden, Esq. were upon motion, permitted to practice as Attorney's and Councellors in this Court. Ordered Court adjourned. Signed John F. Ryland, Judge."

The first case which appears on the record of Johnson county was that of Joel H. Greene vs. Moses Pinkston, which was argued at this term of court, in the form of a motion to dissolve an injunction which had been granted the plaintiff, restraining the defendants from removing certain negro slaves out of the jurisdiction of this court. After hearing the argument Judge Ryland dissolved the injunction and ordered the plaintiff to pay the costs.

Two other sessions of the Circuit Court were held at the Nicholas Houx residence, at Columbus, on April 7, 1836, and the other (which was the last time that the Circuit Court convened in Columbus) was on December 8, 1836.

By this time VVarrensburg had been formally selected as the county seat and the next court was held in Old Town, March 27, 1837 at the residence of Henry Colbern. The next session was at Y. E. W. Berry's and court continued to be held in various places until a court house was built. The court house was begun at Old Town in 1838, and completed in July, 1842. A brick building for clerk's office was built in 1862.

When the court house was moved to New Town, a frame building which stood where the present court house does was donated to the county by the citizens of Warrensburg. This building was also inadequate and it was necessary to rent offices for the various county officials. The frame court house was destroyed by fire in 1895, and in 1896 the present court house was built at a cost of $50,000. The old court house still stands in Old Town in good condition and is now used as the private residence of W. O. Davis.

As above stated, John F. Ryland was the first judge of the circuit court of the judicial district to which Johnson count}^ belonged. He served until 1849. (For the judges and court officers see chapter on Organization and Officers.)

One of the famous early judges was Russell Hicks. In 1859, he was presiding at the trial of a murder case in Saline county which was at that time a part of this judicial district, \\4iile the trial was proceeding, a mob gathered, overpowered the officers and took the prisoner

The first lawyers to locate permanently in Johnson county were Major Nathaniel B. Holden and Thomas W'yatt. Holden did not follow the practice of law very much, owing to the fact that his private affairs became so extensive that he had little time to devote to other people's troubles. He owned a large portion of the land upon which the city of W'arrensburg now stands and was also an extensive land owner throughout Johnson and other western Missouri counties. C. O. Silliman was a well known lawyer here before the war but left during the war. He was a partner of F. M. Cockrell. Major M. C. Goodlett was also an able ante-bellum attorney, who went to Tennessee during the war and died there.

For a number of years after the organization of Johnson county there were few resident lawyers here, much of the legal business being attended to by attorneys from adjoining counties. Among the attorneys who resided outside of the county and of whom it might be sai<l were regular attendants of the circuit court in this county, were Russell Hicks, John F. Ryland, Samuel S. Sawyer. \\'illiam Crissman, John F. Phillips, George G. Vest. Henry ^^'allace, W. C. Xapton and many others. Of these only Judge Phillips survives.

The legal business of Johnson county did not develo]) much prior to the Civil War. The country had been struggling with pioneer conditions, there was little criminal practice and business interests had not become extensive or important enough to justify much civil business.

One interesting incident of the war was the saving of the county records. From December. 1861 until July 20, 1865, the Johnson county records were concealed in a thick growth of underbrush about nine miles west of Warrensburg.

When the Civil \\'ar broke out Colonel James ]\IcCowan was recorder and circuit clerk of Johnson county. He entered the Confederate army under General Sterling Price and was in camp near the Osage river when it occurred to him that as county recorder and circuit clerk he was the responsible custodian of the records of those offices and he determined to take steps to preserve them. Accordingly he sent A. M. Perry, who was deputy circuit clerk under McCowaii and was also in Price's army, to Warrensburg. Perry came to Warrensburg and with a few trusted friends met at the court house about midnight, loaded the records in a wagon and got away from the court house undiscovered. They took them to the home of "Aunt Polly" Hill. ^^'ith her son, she concealed them in a thicket close to her house.

Here they remained until after the war. The few people who knew where these records were kept it a secret. There were many wild rumors as to the fate of the records during that time.

When peace was restored Aunt Polly went to the home of Moses G. Mullins, a man in whom she placed great confidence, and told him she had accidentally discovered what she believed to be the long lost county records. Mr. Mullins hurried to Warrensburg and reported his information to Circuit Clerk Captain M. U. Foster, who sent for the records and on July 20, 1865, they were in their proper place at the county seat.

Immediately following the war there was a great deal of legal business in the county. The war had broken up the country and for four years had left affairs in an unsettled state. The estates of southern men, who had gone South during the war. were sold under execution for debts, bogus or otherwise. The purchasers held the legal title and the owners upon their return at the close of the war brought suit for the restitution of their property. There was also much immigration and new business. The collection business of the lawyers was quite remunerative then. This was an active period in the practice of law and Johnson county lawyers had all they could do. The terms of the circuit court, whicl: previously had been held only twice a year, were changed to ever}' four months, a court of common pleas was established and to relieve both the circuit and common pleas courts a criminal court was established.

Histuky Of Jouxshx Col'Ntv 3I7

Then came a younger generation, Oliver Lee Honts; John M. Crutchfield, who were students in tlie oftice of Crittenden and Cockrell; A. B. Logan, Samuel P. Sparks; G. W. Harrison; Garrett Laml; W. H. Brinker: W. W. Woods; R. Al. Robertson; John J. Cockrell : and James W. Suddath.

Of the first generation, Messrs. Xickerson. Greer, Brown and Blodgett, and of their successors, Messrs. Crutchfield, Harrison and Robertson are still living.

Aikman Welch was a native Alissourian and came to Warrensburg a few 3'ears prior to the Civil \\ar. He was one of the alilest advocates ever at the Warrensburg bar. In 1861 he was elected as a Union man to the constitutional convention of Missouri, defeating X. W. Perry, the secession candidate. Jle served as attorney general of Missouri in 1862 and 1863. He died in Jefferson City, Missouri in 1864.

James M. Shepherd was born in Virginia in 1822 and came to Johnson county in 1845. He taught subscription schools up to 1839 and was once county superintendent. He was admitted to the bar in 1859 and practiced until his death June 20, 1896. He was an active L'nion Democrat and afterward Rcpuldican. He had a general practice and was specially good as a trial lawyer.

A. R. Conklin came from New York about 1866. He had been judge advocate in the Union army and began to practice here in Warrensburg. He became judge of the court of common pleas and moved about 1875 to California.

F. M. Cockrell was born October 1, 1834 in the county. He began practicing law with C. O. Silliman about 1855, served throughout the war in the Confederate army, becoming brigadier general, and resumed his practice after the war in partnership with T. T. Crittenden, who had been a colonel in the Union army.

Thomas T. Crittenden was a nephew of John J. Crittenden, of Kentucky. He was admitted to the bar in Kentucky. In 1862 he became lieutenant colonel in the Union army and served until 1865. In 1865, he came to Warrensburg and opened a law of^ce there, and in 1866 became law partner of General F. M. Cockrell. He became Governor of Missouri, then removed to Kansas City, wliere he died a few years ago.

Chicago and came to Warrensburg from there, in 1865. He became a law partner of Colonel G. N. Elliott and practiced until 1873, when he removed to St. Louis, Missouri. He became general attorney of the Wabash railroad in 1875. He resigned his position on the Wabash in 1917 and opened a law office in St. Louis, and is now living and practicing law there.

George N. Elliott was a native of Ohio and served in the Union army and at the close of the war came to \Varrensburg. He served as judge of the common pleas court. He removed many years ago to Topeka, Kansas, practiced law there and died there.

A. B. Jetmore came to Warrensburg after the Civil War from Indiana and after the removal of Colonel Blodgett to St. Louis became a law partner of Colonel G. N. Elliott. He then removed to Kansas, and became attorney general of that state. He died in Kansas several years ago.

W. P. Asbury came to Warrensburg from Lafayette county, Missouri, after the Ci\'il War. He was a merchant and served a term as justice of the peace. He died in Warrensburg several years ago.

C. E. Moorman came shortly after the war and practiced here about ten years and removed to New Mexico. He was in the abstract business with A\'. C. Rowland and gave most of his attention to real estate.

Captain Albert B. Logan was born in Ohio, served in the Union army throughout the Civil War in the Twenty-third Ohio Lifantry. This regiment had two colonels, one, Rutherford B. Hayes, who became President of the United States, another, Stanley Matthews, who became a justice of the Supreme Court of the United States, and its major was William McKinley, who was President of the United States. Captain Logan married a daughter of George Cress, in Ohio studied law and was admitted to the bar there. He came to Warrensburg and practiced law until his death here, several years ago. He was also general attorney of the St. Louis, Kansas City & Northern railway under Colonel Blodgett in 1876 and 1877.

Colonel Andrew W. Rogers came to Warrensburg from Bloomington, Illinois at the close of the Civil War. He was a college graduate and a native of Ohio. He was a colonel in the Union army, a good lawyer and a man of high character. He died some years ago in Warrensburg.

W. H. Brinker I)egan practicino- here in the seventies, was energetic and able and had considerable practice. He removed to New Mexico in the eighties and became United States district attorney there.

W. W. Wood was born in the county, began practicing about 1870, became prosecuting attorney and circuit judge and then moved to Okmulgee, Oklahoma, where he now is.

Garrett Land was a native of Illinois, came to W'arrensburg with his father. Captain Nathan Land, and practiced law here several vears. He was never married and died in W'arrensburg some years ago.

Samuel P. Sparks was born in Johnson county, Missouri, was a graduate of McKendree College in Lel)anon, Illinois, and was a classmate of Garrett Land. He was admitted to the !)ar in W'arrensburg and began practice here. He served as county clerk and state senator. He died in W'arrensburg over twenty years ago. He was a skilful and energetic lawyer.

Oliver Lee Houts was born in Johnson coimty and he was a graduate of the State University Law School. He practiced in W'arrensburg all his life. He was twice married, the first wife l)eing Miss Elifie Hale, a daughter of H. C. Hale, of W'arrensburg, and the second Miss Fanita Baldwin, a daughter of Major Roderick Baldwin, who is now living in Warrensburg. He was a very successful lawyer and one of the leaders of this bar.

John J. Cockrell was born in this county in 1855, was admitted to the bar and succeetled his father, F. M. Cockrell. in partnership with Colonel T. T. Crittenden until the latter was elected Governor, when he and J. W. Suddath became partners. He was said tohave been a lawyer of unusual ability. He moved to New Mexico in- 1885 and died in 1892.

James W. Suddath was born jNIay 12, 1857, in Jackson county, graduated frotn the State Normal School here, was admitted to the bar in 1882 and became a partner with John J. Cockrell, his first cousin,, on his mother's side. He served two terms as prosecuting attorney, was a Presidential elector in 1892. and for many years was one of the most active and elifective Deinocratic campaign speakers. For several years before his death he had the largest practice of any one at this bar and was one of the best all around lawyers in the state. He died in 1917.

R. M. Robertson came here from Hickory county and was admitted to the bar in 1878. He was active in Republican politics and was one of the few Republicans elected to office in the county. He was city attorney ten years, then prosecuting attorney and representative and is still practicing.

J. M. Crutchfield was born in Missouri, admitted to the bar in 1884, after having been several years a school teacher. He read law in office of Crittenden and Cockrell. He was energetic and had an active practice. He has been practicing law ever since and is still active.

John W. Brown came soon after the war and was early prominent in Republican politics. He was county attorney in 1870 and later became postmaster. Subsequently he became justice of the peace, serving as such twenty years. Lawyers of all parties regarded him as one of the best justices ever in the county. He is still living.

E. A. Nickerson came here in 1866 and was one of the prominent and best educated lawyers of his day. He handled no collection business and limited himself to selected cases. He was a delegate to the constitutional convention of 1875, which framed our present constitution. He is still living and of active intelligence and ability.

Captain A. M. Greer served the Union throughout the Civil War in Illinois troops, enlisted as private and successively was promoted until he commanded a company for the last year and a half. He came to Knob Noster in 1869, was elected prosecuting attorney in 1872 and lias been in active practice ever since. He has also helped many soldiers in pension cases. Of late years he has given most of his time to probate business, has the largest practice of this kind of any lawyer here and in it has also given to many widows and orphans much needed help of which the world knew nothing.

The next generation of lawyers now practicing in the county are: Warrensburg, Max D. Aber, Nick M. Bradley, S. J. Caudle. W. L. Chaney, W. C. McDonald, J. R. Rothwell, William E. Suddath, all of Warrensburg: Holden, A. Musser, L. B. Sturgis ; Knob Noster, E. C. Littlef^eld.

Since the Civil ^^'ar there has been in g^eneral a steady decrease in litigation. This has been dne to matters becoming more settled, to the people learning the law, and to the generally prevalent and excellent quality of the bar of the county to settle matters without suit, as far as possible. The following table shows the average number of cases on the docket for one term during the years given. The increase in "quiet title" cases is not on account of contests but chiefly to increased technical requirements by title examiners, which can be met only by these suits.

Once in its walls was heard the tongue, Of eloquent impassioned plea. Here tears were shed and hearts were wrung By olden judges' stern decree.

Strange, that of these wondrous pleas, And decisions of judicial sense. All have perished with their fees, Save the story of a dog's defense.

In the old court house in Warrensburg Senator George G. Vest delivered his famous eulogy of the dog. A bronze tablet upon its walls commemorates this event.

[An account of Missouri's most famous "dog case" and of Senator Vest's world-famous tribute to the canine fidelity presented for the first time, from original court records.]

During the autumn of 1869, five miles southwest of Kingsville, lived Leonidas Hornsby, and a mile south of him lived his neighbor, Charles Burden. At this time there was still wild game. Men kept hounds for the chase. Charles Burden kept a pack. Wolves had multiplied, there were still some deer in western Missouri, the raccoon was plentiful, and foxes and other wild anmials were still to be found. The hunters learned by the baying of the dogs and the direction and manner of the chase what sort of game was being followed. Some of the dogs were better than others at telling the story to their hunter owners ; some dogs "never lied ;" some dogs sometimes failed and other dogs could never be depended upon.

There was one dog in Charles Burden's pack that "never lied." He was supposed to be about five years old; in color he was black and tan, with black body, tan legs and muzzle. This mighty hunter was named "Old Drum." His owner believed he had some bloodhound in him. He would trail a man and was good for wolves, "varmints," and the like. Charles Burden regarded him as the best deer dog he had ever owned. He said that money would not buy "Drum."

Burden was a hunter and had crossed the plains many times. He was a strong character, six feet tall, with blue eyes and light hair, with a magnificent physique, and an iron constitution. He was ready to fight for his own, either dog or man. Burden lived in a two-room log house with a shed on the north side, down in the second bottom of Big creek.

Lon Hornsby had gathered sheep and cattle, hogs and horses, and was doing his best to farm. Hornsln- was a small, wiry man with flaming red hair, and, as they say, "he was set in his way." During the summer and fall of '69 Hornsby had lost more than one hundred sheep, killed by prowling dogs. In an unadvised moment, he made a vow that he would kill the first dog that he found on his place. Hornsby did not believe that all dogs were bad, for he had sometimes hunted with his neighbors' dogs, and had repeatedly hunted with "Old Drum." But he had made the vow, and in his way of seeing things he would keep it.

On the morning of October 28. 1869, Charles Burden took his way north and east, passed Leonidas Hornsby's house to Kingsville, attended to his business there and came home. Shortly after his return, "Old Drum" started on a trail, off up the creek, in a northeast direction. Burden and his brother-in-law and Frank Hornsby sat around the house smoking until about eight o'clock, when they heard the report of a gun, from the direction of Lon Hornsby's. No more shots were heard. But Burden was fearful that they had killed one of his dogs. He went out to listen but could hear nothing. He blew his hunting horn for the dogs, and all came up but "Old Drum." Again and again called the old horn, but "Old Drum" did not answer, nor did he come. No more would "Old Drum" answer Burden's hunting horn.

On this autumn day Lon Hornsby and Dick Ferguson had been hunting. After they returned home about eight o'clock someone said that a dog was in the yard. Lon Hornsby told Dick to get the gun and shoot the dog. He went and got the gun. Dick stepped out doors; there was no moon; a dark dog was in the shadow of a tree some thirty steps away. There was a report of the gun fire, and then the yelping and howling of a dog mortally wounded. He ran southwest and jumped over the style-block. The crying of the wounded dog grew weaker and fainter until it died away, and then the silence of a dark night brooded over the land.

Next morning Charles Burden began the search for his dog. When he came to the home of Lon Hornsby, Hornsby said that Dick had shot a dog; that he thought it was Davenport's dog. Dick showed Burden where the dog was when he shot him. Burden looked for traces of blood and found none. They then came back and Burden said to

Hornsby, "I'll go and see; it may be my dog. If it ain't it's all right; if it is, it's all wrong, and I'll have satisfaction at the cost of my life."

On this morning of October 29, "Old Drum" was found just a few feet above the ford on Big creek, below Haymaker's Mill, dead, lying with his head in the water, his feet toward the dam, lying on his left side, filled with shot of different sizes, but no shot had passed through his body. Apparently "Old Drum" had been carried or dragged to this place; for there was mud on his underside; his hair was "ruiifled up," and there were sorrel hairs, thought to be horse hairs, under him. Lon Hornsby owned a sorrel mule. The whole neighborhood seemed to have been alive around Haymaker's Mill that night of October 28. There were campers at the ford, two large families moving; then two families lived within about a thousand yards of the ford; these people had heard nothing.

Burden decided that the law should vindicate him and avenge "Old Drum." Shortly he went to Kingsville and employed an attorney to bring suit. Suit was filed before Justice of the Peace Monroe, of Madison township, and the case was set for trial November 25. Thomas S. Jones was attorney for Burden and Nation & Allen for Hornsby, and with a cloud of witnesses in attendance, the case went to trial. The jury failed to agree, were discharged by the justice, and the case was set for trial on the justice's next "law day," December 23. Many threats were made and much bitterness was shown by the partisans at this first trial, but all went off without anyone being wounded or crippled.

In January the case went to trial, and after a heated session, was given to the jury, who found in favor of Burden in the sum of twentyfive dollars. Hornsby appealed to the Johnson County Court of Common Pleas, where it was set down for trial in March, 1870. The whole neighborhood, at least the men, moved upon Warrensburg en-masse. New lawyers had been retained by both the appellant and appellee, Crittenden & Cockrell for Hornsby, and Elliott & Blodgett for Burden. At this trial Hornsby received a verdict in his favor.

Burden still sought satisfaction and after his first trial he retained more legal talent, securing Phillips & Vest from Sedalia. A motion for a new trial was filed, alleging error and setting up that the plaintiff. Burden, had discovered new evidence. The motion was sustained and a new trial granted.

to trial for the fourth time, with the counsel table crowded with attorneys on both sides, and the Burden and Hornsby clans out in full force. Burden and his friends proved the facts already stated. Hornsby by himself and his witnesses showed the shooting of a dog, but denied it was "Old Drum" that was shot. He and Dick Ferguson claimed they had gone down to "Old Drum's" body and taken out lead bullets, and that the dog shot at Hornsby's was with a gun loaded with grains of corn. There was evidence that "Old Drum" was shot close to the mill where he was found and other evidence that no shot had been hred near the mill.

After all the evidence was in, the argument was made by the attorneys. What all these lawyers said is not remembered. But one speech made to the jury is preserved to all posterity, because of its universality of application to all dogs and their masters. It will forever be a monument to "Old Drum."

"Gentlemen of the Jur_\-: The best friend a man has in this world may turn against him and become his enemy. His son or daughter that he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us? those whom we trust with our happiness and our good name, may become traitors to their faith. Tlie money that a man has he may lose. It flies away from him perhajjs when he needs it most. A man's reputation may be sacrificed in a moment of ill considered action. The people wdio are prone to fall on tlieir knees to do us honor when success is with us, may be the first to thrown the stone of malice when failure settles its cloud upon our heads. The one absolutely unselfisli friend that a man can have in this selfish world, the one that never deserts him, the one that never proves ungrateful or treacherous, is his dog. Gentlemen of the Jury, a man's dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground where the wintry winds blow and the snow drives fierce if only he may be near his master's side. He will kiss the hand that has no food to of¥er : he will lick the wounds and sores that come from encounter with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. \\'hen all other friends desert he remains. When riches take wing and reputation falls to pieces, he is as constant in his love as the sun in its journey through the heavens. If fortune drives the master forth an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of its company to guard against danger, to fight against his enemies, and when the last scene' of all comes, and death takes the master in his embrace and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by his graveside will the noble dog be found, his head between his paws, his eyes sad but open in alert watchfulness, faithful and true even in death."

The end was not yet. Hornsby's attorneys appealed the case to the Supreme Court of Missouri. This court, however, afifirmed the judgment of the lower court, affirmed that Dick Ferguson, by the direction and command of Lon Hornsby, killed old Drum, and gave Charles Burden satisfaction. The case brought a lightening of the purses of the litigants; a feast of fees for the attorneys; an enduring tribute to the fidelity and faith of the dog. and more particularly, undying fame for the memory of old Drum, "the dog that never lied."

"Dave" Nation, one of the first attorneys, did not attain any degree of fame, outside of his own village, yet fame was his in a vicarious sort, for he was the husband of Carrie Nation, the woman with the hatchet. Allen was familiarly known as Captain Allen and was a maker of business, a breeder of lawsuits. The firm of Nation & Allen kept things moving, where they went along in the town of Holden. Jones lived in Kingsville, practiced law there and bore the name of "BuiTalo Jones," from his drinking of what was known as "bufifalo bitters."

Of the six attorneys wdiose names appear in the report of the case in the Supreme Court, all attained distinction. Elliott became judge of the court of common pleas in Johnson county. T. T. Crittenden became Governor of Missouri. Francis M. Cockrell was tliirty years a United States Senator from Missouri, and afterwards a member of the Interstate Commerce Commission. John F. Phillips was made a commissioner of the Supreme Court of Missouri, and then judge of the United States District Court for the western district of Mis- souri. George G. Vest was United States Senator from Missouri for many years and died while a member of that body. Wells Blodgett was a state senator in Missouri, afterward became vice-president and general solicitor for the Wabash railroad.

Charles Burden died a few years ago in Holden: Hornsby is dead. Of the nine lawyers, only Blodgett is li\ing. In the bottom lands along Big creek and Lost creek, where Old Drum gave tongue as he led the baying pack, there now echo the rumble and roar of running trains, the shriek of whistles and the bang of bells of locomoti\es of four great railroads. In the autumn the frost king still makes a riot of color along the creeks in what little woodland still stands, the blue haze of the Indian summers hangs over the fertile fields of a prosperous people, and the fidelity of the faithful dog to his thoughtless master is the same. But old Drum lives only as a memory.