Lincoln County, Missouri - Chapter 10: Bench and Bar, 1888 (part 1 of 2)

Chapter 10: Bench and Bar

Men of State and national reputation, and of the ablest legal talent in the country, have practiced at the Lincoln County Bar. The first attorney admitted to this bar, as shown by the record, was Peyton Hayden, who, at the August term of the court, in 1819, presented a deputation from John S. Brickey, the then circuit attorney of the Northwestern Circuit, authorizing him (Hayden) to officiate in his stead. At the same term, John Payne, William Smith and Robert McGavock were admitted to practice, and at the next term LaFayette Collins and Ezra Hunt were admitted. In April, 1820, James McCampbell and John S. Brickey were admitted. The latter lived at Potosi, in Washington County. The lawyers in those days, like Methodist preachers, were "circuit riders," it being the custom then to follow the Judge around through his judicial circuit so as to be present and ready to accept whatever business might be presented to them. In this way the bar of each county was composed of all the able lawyers in the whole circuit ; hence each bar had a concentration of legal talent. That custom, however, was discontinued long ago, and now the lawyers do not go abroad to seek clients and business, but go only when employed by their clients.

The following is a list of the names of the attorneys, in addition to those already given, who served with the Lincoln County Bar prior to 1848, together with dates of admission so far as given on the roll of attorneys : Charles S. Hempstead, John C. Naylor, William Young, June, 1827 ; Charles Wheeler, George Shannon, Alfred W. Carr, John B. Gordon, Thomas A. Young, Francis K. Buford, L. Rogers, A. B. Chambers, Carty Wells, Samuel Moore, October, 1829; Thomas L. Anderson, February 15, 1831; John Anderson, William M. Campbell, February 15, 1831; Albert G. Harrison, September 20, 1831; Foster P. Wright, January 16, 1832; Thomas W. Cunningham, James F. Moore, May 20, 1833; William Porter, May 20, 1833, John Jameson, May 20, 1833; Henry L. Geyer, Bryan McMurphy, January 21, 1834; David Barton, September 15, 1834; George W. Huston and Joseph E. Wells, July 5, 1836; Beverly Allen, Urial Wright, Wilson Primm, Alonzo W. Manning and Alexander Hamilton, November 8, 1836; Gilchrist Porter, April 10, 1837; Henry Cave, August 8, 1837; Aylett H. Buckner and A. Backus Bacon, April 29, 1839; Victor Monroe, September 3, 1839; Garland C. Carr, November 30, 1840; W. V. Bouie and A. O. Forshey, October 20, 1841; James O. Broadhead, July, 1842; J. S. Samuels, August 18, 1842; Gustavus A. Bird, November 6, 1843; G. W. Buchner, Smith S. Allen, Abraham H. John, Rufus Sanders, Abner Green, A. P. Minor, October 7, 1840; Charles E. Perkins, John Scott, William Murphy, October 9, 1844; T. G. C. Fagg and S. F. Murray, May 6, 1845; L. A. Welch, September 22, 1845 ; David W. Nowlin, A. W. Lamb, September 28, 1846; S. M. Bowman, R. H. Parks, James K. Shelby and Thomas L. Wells, May 4, 1847. Edward Bates was also an early practitioner of the bar, but neglected to sign the r«>ll. M.iny of the foregoing were very able and prominent, and some ol them, at Bome time during life, filled very important official positions, from a cabinet officer down to that of justice of the peace. Some became judges and others eongressmoii. ! See list of officers elsewhere in this work. ] The homes of these attorneys were4 scattered from the Iowa line down to and including Washington County. Among the late prominent attorneys of the local bar of Lincoln County were Archibald V. McKee, Jeptha Wells and Howard S. Parker, all of whom, after becoming prominent in the history of the county, have passed on to " that undiscovered country, from wdiose bourne no traveler e'er returns.1'

The following is a list of the names of the resident members of the Lincoln County Bar at present: Richard H. Norton, Nat. C. Dryden, Charles Martin, Benjamin W. Wheeler, O. H. Avery, George T. Dunn, George W. Colbert, Joseph B. Allen, James M. McLellan, J. W. Powell, E. B. Woolfolk, W. A. Dudley and John H. Murphy [see biographical department]. Benjamin W. Wheeler, being judge of the court, is not now in active practice, and Joseph B. Allen and James M. McLellan have retired from active practice. The bar, as a whole, compares favorably in point of ability with local bars of the State. Some of the older attorneys practice in all the higher courts of the States and in other counties. The professional lives of some of the most prominent of the former members of the Lincoln County Bar, and of the judges of the judicial circuit of which the county has formed a part, are worthy of record, as given below:

Judge Carty Wells, formerly a prominent member of the Lincoln County Bar, was born in February, 1805, in Prince William County, Va. At the age of five he was taken to Shelby County, Ky., where he afterward received a good English education, and commenced the study of law. In 1827 he came to Missouri, finished his studies at St. Charles, where he was admitted to practice, and opened his office there in the autumn of 1828. Five or six years later, when Warren County was organized, he was appointed clerk of the circuit and county courts. After holding this office a few years, he resigned, and moved on a farm near Troy, Lincoln County, but continued to practice law. In 1840 he represented this county in the Legislature. From about 1843 to 1847 he resided at Palmyra, and while there served one term in the State Senate. He served as judge of the Lincoln Circuit Court from 1849 to 1857, and then returned to his farm. He was an able lawyer, genial in nature and had a host of friends. As an advocate he aimed not at oratory, but, with candor and logic, appealed to the understanding of a jury and seldom failed of success. He died in Troy in 1860.

Judge Thomas J. C. Fagg was born July 15, 1822,in Albemarle County, Va. His father, John Fagg, was a farmer in that State, and when Burgoyne's army was sent as prisoners to Virginia, it occupied part of his farm. John Fagg married Elizabeth W. Oglesby, a relative of ex-Governor Richard J. Oglesby, of Illinois, and in 1836 moved with his family to this State, and settled in Pike County. Thomas was educated at Illinois College, at Jacksonville, and there commenced reading law with Murray McConnell and James A. McDougal, and finished with Hon. Gilchrist Porter, then of Bowling Green, and was admitted to practice at Troy, this county, in April, 1845. Mr. Fagg opened an office at Bowling Green, and for some years was in company with the Hon. J. O. Broadhead, and afterward alone. In 1856 he moved to Louisiana in the same county, where he lived for more than a quarter of a century, and was in some public office much the larger part of the time. Before leaving Bowling Green he had become greatly interested in politics, being a Benton Democrat. As such, in August, 1850, he was a candidate for the Legislature, and was defeated. In November of the same year he was elected judge of probate, and established that court in Pike County. He was re-elected in 1854. At a special election in 1855 he was elected on the American ticket, in Pike County, to fill a vacancy in the Legislature. In 1856 Mr. Fagg was defeated on the State ticket as a candidate for commissioner of the board of public works. About this time he was appointed to the vacant office of judge of the court of common pleas, Louisiana being the seat where the court was held. In 1858 Judge Fagg was again sent to the Legislature, and in 1860 was the candidate for lieutenantgovernor on the ticket headed by Hon. Sample Orr.

appointed brigade inspector, and in thai and the following months mustered many stale troops into service, He w as elected oolone] <^\' the Fifth Regiment of Missouri Some Guards, and rved in the field in Northeast Missouri until February, L862. In that month he was appointed judgeof the Third Judicial Circuit, of which Lincoln County composed a part, and in 1864 was elected to the same office for the full term of six years; hut in September, 18(H), lie was appointed by Gov. Fletcher to a Beat on the bench of the Supreme Court, to fill a vacancy caused by the death of Judge Lovelace, which position he held until the close of 1868. An old associate of his says, "Judge Fagg was always considered a good lawyer and an able advocate. On the bench he was cool, impartial and just, and left his judicial seat with an irreproachable character." On leaving the bench, Judge Fagg returned to the practice of his profession at Louisiana, and was in company with Col. Dyer, and later with others, until he removed to St. Louis, in 1882, where he resides at this time. In 1872 he was the Republican candidate for Congress in the Ninth District, and in 1878 in the Thirteenth, both strongly Democratic districts, and was defeated.

Judge William W. Edwards, a son of Henry and Sarah Ann (Waller) Edwards, was born in Henry County, Va., June 3, 1830. The Edwardses are of Welsh descent, and settled in Virginia long before the American Revolution. When William was six years old the family came to Missouri and settled in St. Charles County. The subject of this sketch was reared at farm work, attending winter school, meantime, until eighteen years old, when he commenced teaching in Lincoln County. He read law in the office of Robert H. Parks, of St. Louis, and at the end of one year entered the law department of the University of Virginia, at Charlottesville, and took a full course of lectures. Returning to Missouri, Mr. Edwards was admitted to the bar, and opened an office in St. Charles, where he soon proved his adaptability to his chosen profession. He was elected to the office of public administrator, and in 1858 to that of prosecuting attorney for the Nineteenth Judicial Circuit. This he resigned in 1862 to accept the appointment of United States district attorney for the Eastern District of Missouri, from which office he was removed the next year for political purposes. In November, 1863, Mr. Edwards was elected judge of the Nineteenth Judicial Circuit, and held that office for a series of years. Afterward, from 1872 to 1881, he served as judge of the Lincoln Circuit Court, and aimed to have exact justice done in all cases. He was cool and impartial, and his kindness to the members of the bar bound them to him by ties of lasting friendship.

Judge Elijah Robinson, son of Owen C. and Elizabeth (Salmons) Robinson, of Troy, was born in Lincoln County, Mo., February 9, 1849. He finished his education in the Watson Seminary, Pike County; read law at Troy in his native county, with Archibald V. McKee ; was admitted to the bar in 1869, and at twenty years of age commenced practice at Bowling Green, Pike County. In February, 1870, he was appointed county attorney; was elected prosecuting attorney in the autumn of 1872, and re-elected in 1874, holding the office four years, and leaving a brilliant record as a prosecutor. In the autumn of 1880 Judge Robinson was elected judge of the judicial circuit including Lincoln County, served a full term of six years, and then resumed the practice of his profession at Bowling Green, where he resides at this writing. As a judge he gave good satisfaction, administering his duties with ability. His political affiliations have always been with the Democratic party.

Judge Elliott McKay Hughes was bern in Lincoln County, Mo., November 7, 1844. His father, Elliott Hughes, was a native of Kentucky, a teacher in early life, and later a merchant, and his grandfather was a native of the Old Dominion. The mother of Elliott M. was Jane S. McConnell, a native of Kentucky. In 1845, before he was a year old, the family moved to Danville, Montgomery County, this State, where the father died in 1862, and the mother in 1866. Having obtained a commonschool education, Mr. Hughes, with careful studying outside of the schoolroom, fitted himself for teaching. He taught three years in Adams and Pike Counties, 111. ; read law at Jacksonville, Morgan County, that State, and was admitted to the bar at Danville, Mo., in 1867. He was county superintendent of schools in efficient official. In L886 In1 was elected judge of t li «> judicial circuit of which Lincoln County composes a pari, and is now filling his office, and performing the duties thereof, to the general to an old \ irginian family, and was engaged in mercantile and agricultural pursuits, dying in Indiana in 1856; and his mother, whose maiden name was Lilly McClure, was a native of Boone

County, Kv. She died in Iowa in 1871. In 1840 the subject of this sketch went to Hanover College, Indiana, where hegraduated in 1851. He read law at Greensburg, same State, attended law lectures at the Indiana State University, and was licensed to practice at Indianapolis, in 1853. The next year he came to Troy, where he soon became well established in the practice. In 1862 he married Miss Clara S. Wheeler, daughter of Capt. Otis Wheeler. He occupied a high position at the bar, and died in Troy, July 13, 1884.

Hon. Jeptha Wells, was born in Troy, Lincoln Co., Mo., September 18, 1852. His father, Dr. John C. Wells, who was a native of Kentucky, and a graduate of the medical department of the Louisville University, came to this State when a young man, married Kitty Custer, a cousin of the late Gen. Custer, of the United States army, and was in practice at Troy at the time of his death, in 1857. Jeptha was educated at the Christian Insti tute, Troy, and graduated at the St. Louis Law School, in the class of 1874. He then began to practice in his native town, and in 1876 was elected to the office of public administrator, which he held four years. In 1882 he was elected to the office of prosecuting attorney and held it one term. He was a nephew of Judge Carty Wells.

Hon. William Young, son of James and Ann Frances (Booker) Young, natives of Virginia, was born in Shelby County, Ky., March 26, 1803. He was educated at Shelbyville Academy, and Transylvania University, Lexington, Ky., being a graduate of the class of 1824, studied his profession at Shelbyville, came to Mis- souri in 1827, and, after being one year in St. Charles, settled in Troy. He held several offices, was made one of the justices of the county court in 1834, and held the office four years; was county treasurer the same length of time, 1842-46; was public administrator one or two terms ; county school superintendent for a time, commencing in 1853, and taught the Troy Academy one year, 1839. He was a member of the Presbyterian Church from 1833, and served in the office of elder for a long period. Part of the time he lived in the city, and part of the time on his farm, near Troy. He left the farm in 1876, and sold it in 1881. He died in Troy, March 23, 1886.

Hon. Howard S. Parker was born in Fayette County, Ky., September 5, 1853. His parents, Warren O. and Rebecca E. (McConnell) Parker, were also natives of that State. Howard was educated in the Kentucky University, Lexington, graduating in the law department thereof in the class of 1874. After practicing a few months in his native State he came to St. Louis, where he practiced two years, and then, in July, 1876, settled in Troy, Lincoln County. He represented this county in the Thirtyfirst and Thirty-second General Assemblies, and was chairman of the committee on constitutional amendments in the Thirty-first, of the judiciary committee and also temporary speaker of the Thirty-second. He held, as it is seen, in the latter General Assembly, one of the highest positions in a legislative body, and as chairman of the judiciary committee his legal talents and attainments were shown to good advantage. He was the youngest member ever chairman of that committee in Missouri, and the youngest speaker. In 1884 he was elected prosecuting attorney of Lincoln County, and held the office until his death, January 3, 1886. His business took him into the several courts of the State, and also into the Federal courts. He was considered an able attorney, and especially adapted to the criminal practice.

Hon. James R. Abernathy was one of the earliest practitioners in Northeastern Missouri, and served many years as circuit attorney. He was born in Lunenburg County, Va., February 25, 1795, but was raised principally in Fayette County, Ky.t where he lived until 1817, when he came to Missouri. He was admitted to the bar at an early age, and was elected circuit attorney of a oirouil embracing twelve counties, and filled the plaoe with ability. He was first treasurer of Monroe County, and was justice of the peace sixteen years. ll«' was the father of Mr>. Hugh c J l*'ii 11 (the California millionairess), a Boldier in the

Criminal Record

Lincoln County, like most of the Missouri counties, has had to contend with a considerable amount of crime. While its record of crimes committed is greater than that of some counties, it is much less than that of others. Among the homicides that have taken place, the history of the following cases are given :

Murder Of The Florence Children

In 1834 William Florence settled on a tract of land about two miles north of west of Auburn, and there erected a rude horse-power grist mill. Four years later his family consisted of himself and wife and two bright, intelligent boys, William and Thomas, the elder being nine years old. About 2 o'clock P. M. on the 1st day of September, 1838, Florence rode over to Auburn, leaving his mill and place in charge of his slave, Aaron. On returning home his wife informed him that she had given the boys permission to go to the orchard of William C. Prewitt, who lived near by, to get peaches. Florence had repeatedly refused the boys this permission, fearing that Fanny, one of Prewitt' s slaves, who had made threats, might do personal violence to them. He then walked over to the orchard, but seeing nothing of his boys, went to the house, and interrogated Fanny, who denied having seen them. He then went home and told his wife of his apprehensions. Search was at once instituted, and the next day more than a hundred men had collected, among whom were many of the most prominent citizens, such as Sheriff William Sitton,

Hans Smith (a member of the Legislature, and one of the most brilliant orators of the day), Burton Palmer (one of the early surveyors) and others. The search continued until Tuesday, when Mr. Palmer found the bodies of the children in Mill Creek, weighed down with stones. The water, which was high when the bodies were deposited there, had fallen and partially exposed them, so that the buzzards had begun to prey upon them. The flesh of the face and arms of Thomas had been partially devoured. It was the presence of these birds of prey that led Palmer and others to the place.

That evening Sheriff Sitton arrested Fanny, Ben, her husband, and Elick, her son. The latter, on being taken out and examined alone, confessed that his mother told him that she had killed the boys and thrown them into a sink hole in the creek, and showed them the stick with which the killing was done - the end of a horse-yoke. They then took the boy to the woods, put a rope around his neck, and tried to get further information, but failed in obtaining it. The prisoners were then taken before Squire Lawrence B. Sitton for preliminary trial. Elick, the boy, was released, and Fannie and Ben were committed to jail to await the action of the grand jury. Mr. Prewitt, who had been to Philadelphia, returned and prepared to defend his slaves. For this purpose he employed Judge Carthy Wells and the Hon. Edward Bates. The latter enjoyed a national reputation and was afterward a member of President Lincoln's Cabinet. Ezra Hunt was then judge of the circuit court, and Gilchrist Porter circuit attorney. Court convened on the first Monday in November, 1838. The grand jury was composed of nineteen men, of which Lewis Castleman was foreman. Upon the evidence given before this jury by Elick, he and Fanny, his mother, were indicted and Ben discharged On application of Prewitt, the owner of the defendants, a change of venue was granted to Warren County. The prisoners were then sent to the Pike County jail for safe keeping. In April, following, Fanny was tried at Warrenton, found guilty of murder in the first degree, and sentenced to be hung. On the trial Elick swore that he knew nothing about the murder, and that what he had confessed had been extorted from him.

The case was appealed to the supreme court, where adeoision was rendered at the October term, L889, reversing t lx* decision of the Lower oonri on the ground that the V^arren Circuit Court bad qo jurisdiction, tor the reason that a slave bolder was not entitled

Lincoln County, with directions tliat the testimony of Klick, the son, should not be admitted in evidence. At the succeeding trial there being no sufficient evidence she was acquitted. The people were indignant that the technicalities of law should defeat justice.

The Plummers lived on the bluff about a mile west of King's Lake. Some difficulty arose between the children of Philemon Plummer and those of his sister, Mrs. Anna Barker. On one occasion his children returned from his father's house and reported that they had been insulted by a negro woman and her children, belonging to the old man, and that their aunt, Mrs. Barker, supported them in their abuse. Afterward, on or about April 22, 1839, Philemon went over to his father's house with two of his children as witnesses, and wanted his father "to whip the black woman. This the old gentleman refused to do. Philemon was about to whip the black woman himself when Mrs. Barker came up and interfered in behalf of the slave, and struck him two or three times on the mouth. He then gathered her hands into one of his, and raised a switch in the other. Joseph Plummer then came running up with a stone in his hand to defend his sister, and threatened to knock Philemon down if he struck her. Mrs. Barker, getting her hands loose, picked up a pitch-fork lying on the treading yard or floor, where they happened to be, but Philemon wrenched it from her hands, and with it struck Joseph a blow on the right side of the head, causing his death.

Philemon was indicted the same month for the murder of his brother, the indictment charging in substance that on or about April 22, 1839, he struck his brother Joseph on the right side of the head, with a stick seven feet long and three inches in diameter. On evidence the " stick" proved to be a pioneer pitch fork, made out of a sapling " about seven feet long, and about as thick as one's wrist," with one end split to form the prongs. Mrs. Barker testified that the bars to the entrance of the treading yard were all down except the top one, and that Philemon struck the fatal blow as Joseph was rising up after having passed in a stooping position under the top bar on his way to her assistance. Philemon was tried the same month and found guilty of manslaughter in the third degree, and was sentenced to serve three years in the penitentiary. The case was appealed to the supreme court, where the finding and sentence of the lower court were sustained. The prisoner was prosecuted by Gilchrist Porter, the circuit attorney, and was defended by the great lawyer, Edward Bates. It is said that his appeal in behalf of his client was the finest ever heard in the Lincoln Circuit Court.

Burning Of Giles, A Slave

In 1858 Simeon Thornhill and his family lived near the center of Section 20, in Township 49 north, Range 1 east, being north of east of Troy, and about three and one-half miles distant therefrom on a straight line. Thornhill was the owner of a slave named Giles, and when he and his slave were both sober they were on as good terms as generally existed between a slaveholder and his servant. In those days the greater part of goods sold at Troy were hauled on wagons from the landing at Cap-au-Gris, on the Mississippi. One of the leading articles thus conveyed was whisky, and it was customary with the drivers of the teams hauling it out from the river to carry gimlets with them with which they tapped the barrels, and by the use of a straw, sucked therefrom, to their full satisfaction, the death-producing liquid. Thornhill and his slave frequently hauled goods from Cap-au-Gris to Troy, and indulged according to the custom, and also usually carried home a jug of the " ardent." Giles was allowed to have whisky whenever he could procure it, and as it was both cheap and free in those times he had no difficulty in obtaining it. It is said by a prominent citizen, who lived in the Thornhill neighborhood, and who was well acquainted with the parties, that when Thornhill had a jug of whisky Giles always had a share of the contents, and vice versa, when the slave had whisky he

On the nighi of December 24, 1 S58, they were together in th< negro's cabin, which was inclosed in b little rard near the residence of Thmnhill. Ileru they were drinking. The hours u wore away," and all retired Cor their usual rest save the master and his slave, who continued to indulge in the dangerous amusement. Presently they disagreed, then ^nuv angry, became desperate, and the negro, being the Larger and stronger man, made negro caughl him while crossing Urn yard fence, and with his knife stabbed him in several places, mostly on the back of his body, but did not kill him instantly. This aroused the sleepers, and Thornhill was carried into his house and cared for. The next day (Christmas) the negro was arrested without process of law and placed in jail at Troy. Capt. Jordan 8. Salle, who still resides in Troy (and to whom the writer is indebted for some of these facts), was then the jailer. Some of the neighbors of Thornhill, and others residing east of the Cuivre, became terribly incensed at the negro, and in a few days after he was incarcerated in jail they assembled and started toward Troy, for the purpose of lynching him and putting an end to his existence ; but upon reaching the river they found that it had so swollen that they could not cross, and thereupon disbanded and returned to their homes. Thornhill lingered until the 30th of the month, and then died from the effects of the wounds inflicted by his slave. On the following day Capt. Salle, the jailer, anticipating the action of the mob, and being anxious to have a legal right to hold his prisoner, in case of a demand for his release or an attack upon the jail, filed his affidavit with Charles Wheeler, a justice of the peace, charging Giles with the murder of Thornhill. In the affidavit he stated that on the day that the negro was delivered into his custody he " acknowledged that he had stabbed his master, Simeon Thornhill, several times on the night before, and that he tried his best to kill him, and would have cut his head off and cut him in two if he had had anything to have done it with at the time."

given a preliminary trial, during which he (Giles) stated that he and Thornhill were both drinking when the difficulty took place, and that Thornhill threatened several times to kill him, and did actually stab him first. Upon the evidence adduced at this trial he was legally committed to jail, and thus the jailer obtained a legal right to hold him.

On the second day after Thornhill died, it being January 1, 1859, the mob re-assembled and went in a body to Troy. A little after noon James Callaway stepped upon a " horse block" near where Mr. Hart's store now stands, and made a short speech to the crowd there assembled. They then started, yelling, on the way toward the jail. Arriving there they demanded of Capt. Salle the keys, but he, very properly, refused to give them up. Runners then started down town for tools with which to break down the doors. The tools being brought the doors were finally broken down, the negro was taken out, and his feet were chained to a stake driven into the ground in the jail yard, and his hands were tied behind him. Then the irate members of the mob, in haste and with a seeming relish and delight, piled wood around the wretched and defenseless victim, and prepared to burn him alive. Here he stood in this awful condition, facing death with a brave and unnatural courage - confessed his crime and repented not, but told his executioners that when he committed the crime he was drunk, otherwise he would not have done it, and that they, bein£ sober, ought not thus to take his life in retaliation.

When the funeral pile was completed, it was set on fire. The fuel being dry, the lurid flames enwrapped the victim, yet minutes passed ere death ensued. But death did not satisfy the wreakers of vengeance. They added fuel to the flame, and stirred up the fire, and persevered in the fiendish work until the body was all reduced to ashes. It is said that the scene was horrible to behold.

On this lamented occasion, many spectators, who neither approved of the act, nor rendered any assistance to the perpetrators thereof, assembled to witness the burning; while others, who came into town for the purpose of witnessing the scene, considered the cruelty and the enormity of the crime, and went away oondncl of the negro the stolid demeanor in winch he met his deatb the faol thai In1 confessed his crime, jret expressed no Borrow tor it. lnit entered into eternity defiant and unrepentant, r>\ what method of reasoning can any one account for Buch onnatural conduct! And it may be asked with propriety, by what method of reasoning can any one account for the cruel and

On the 25th day of March, 1859, three of the leaders of the mob, James Callaway, James Segrass and Samuel Carter, were indicted for the murder of Giles, the slave. At the following fall term of the Lincoln Circuit Court they were arraigned for trial, and Thomas P. Hoy was appointed circuit attorney pro tern. to prosecute them. On being arraigned they plead "not guilty.'1 The following jurors were then empaneled, and sworn to try the defendants : James H. Reeds, Smith McGinnis, D. H. Chambers, G. W. Stonebraker, John W. Rice, Gabriel Thompson, Charles Kinder, William Hopkins, Zach. Lovelace, William Birch, Gion G. Wilson and James Horton. At this stage of the proceedings the circuit attorney dismissed the case, and thus ended the prosecution. The burning of the negro has always been and is still regretted by the best people of Lincoln 'County. All countries have suffered from the practice of lynch law. While there are many citizens now in Lincoln County who resided here when this affair took place, it is said that not one of the members of the organized mob that perpetrated the act remains in the county; that nearly all of them died early in life, -and that only one of them was known to be living at a recent date, and he was then residing in Taylor County, and is probably still living. He was one of the leaders.

Killing Of James M. Teague

Some time in the year 1874 a horse was stolen from Mr. Isaac Ellis, of Lincoln County, and James M. Teague, formerly of this county, but then of Cole County, where he had recently been released from the fulfillment of a second term in the penitentiary for former crimes, was arrested for the theft and brought back to Auburn, and was there in custody of Constable Robert F. Waters. Benjamin W. Wheeler, the prosecuting attorney, went over to prosecute the prisoner. Waiving trial before the justice of the peace, he started in custody of the constable and in company with the prosecutor for lodgement in the jail at Troy. When the party was about two and one-half miles south of Auburn they were met by a mob of men with blackened faces, one of whom shot the prisoner, causing him to fall from his horse. The rope with which his feet were tied remained fast to the saddle and as he fell the horse frightened and ran down the road a distance, dragging the man over the rough rocks, then turned and ran back a distance, still draggiug him along, until the rope was cut, and he was left lying in the road. The attacking party then rode by him, each firing at him as he passed, and all missed him. Supposing they had accomplished their work well, they rode on out of sight. The prisoner was picked up and carried to a cabin near by, cared for, and then conveyed to Troy and placed in jail, where he remained from November 14 to 19, at which latter date he died from his injuries. An effort was made to capture the members of the mob, but they could not be found.

The Killing Of Edward W. Rector

On the 16th of July, 1878, a " picnic " was held near Auburn, on the road leading to New Hope. The farmers, with their sons and daughters and little children, had assembled for a day of pleasure, rest and recreation, and to hear the speeches of the aspiring county candidates. Enjoyment and plenty were there in store for all. Nothing marred the festivities of the occasion until a gentleman was accosted by some one with the remark, " If you want to see Ed. Rector killed wait here about five minutes.'1 Not wishing to see the tragedy the gentleman walked away. Soon the report of a pistol was heard, a crowd rushed to the spot where the shot was heard, and there found Rector in a dying condition, a bullet hole through his bowels, the back of his head crushed in, and the brains oozing out. Coroner Robinson was present and immediately summoned a jury and held an inquest. The jurors were J. L. Sanders, J. J. Bradley, T. Moseley, B. M.

\ ' c< John Cochran ami I). J. Moxley. This jury, after bearing the evidenoe, rendered the following verdict: u Edward I i«<- tor oame to his death by a pistol shot in the bowels, and a lick over tlif head with a pistol l>\ John and George Calhoun."

\ feud had Long existed between <li<v parties, and upon making the assault (as shown by tin4 evidence) one of the Oalhouns used insulting language to Rector. The evidenoe showed 1 li.it were issued for the arrest of the Calhouns (who fled immediately after the perpetration of the act) and placed into the hands of Deputy Sheriff Snethen, who started in pursuit. The next morning John Calhoun gave himself up, and was taken to Troy and put in jail. It seems that Rector was regarded as a dangerous man, having, at the close of the war, been tried and acquitted for the murder of one Joseph Hamilton, and that not much regret was felt at his death. He left a wife and four children.

At the following term of the circuit court John Calhoun was indicted for the murder or for being a principal in the murder. He was prosecuted by the prosecuting attorney, George T. Dunn, assisted by A. V. McKee, and defended by Nat. C. Dry den and R. H. Norton. He was defended on the ground of " self defense." The State gave evidence to the effect that Calhoun was the aggressive party, and that Rector retreated; that he (Calhoun) took hold of Rector and that George Calhoun did the shooting; that Rector had a cane which he held in the middle and not in a striking posture. The evidence of the defense was that three or four hours before the difficulty took place Rector showed the head of his pewter-top cane to a witness and said he would "stick it into the heads of the Calhouns before night;" that he raised his cane to strike John Calhoun when they met, etc., and that about a year previously Rector had threatened to kill the Calhouns. The State, on rebuttal, proved by good witnesses that for the last six months Rector had sustained a good reputation as a peaceable citizen, and had resolved to lead a better life. The jurors were J. A. Street, W. J. Wade, J. H. Pollard, G. A. Jennings, D. A. Dyer, J. B. Dyke, Jacob Geiger, Montgomery

Geiger, Hamion Sneed, M. C. Blanks, H. C. Bahar and George Lovell. The theory of the prosecution was that Calhoun sought and brought on the difficulty, and therefore neither threats nor the bad character of Rector could justify the killing- The theory of the defense was, that Rector, being a dangerous man and having repeatedly made threats against Calhoun's life, and, according to some of the evidence, attempted to strike Calhoun at the time, he was in fear of a deadly assault, and justified in the killing. The verdict of the jury was " not guilty," and the prisoner was released.

Killing Of Alexander Carter, Colored

In February. 1875, John Crouch killed Alexander Carter, colored. There had been a dispute at the courthouse, which arose from Carter assisting a decrepit old colored man to the polls, at the same time crying out, " Hurrah for the railroad!" It is said that Crouch insisted that the negro had no right to vote taxes on him, and Carter maintained that he paid taxes and had a right to vote. Crouch seized an ax and struck Carter on the left breast, making a slight wound. Carter then knocked Crouch down, and struck him in the face two or three times before they were separated. Crouch went down street and procured a pistol, soon met Carter on the street, and shot and killed him.* Crouch was arrested and given a preliminary trial (which lasted about a week) before J. B. Allen, a justice of the peace, who associated with him Squire John M. Reid. This tribunal, after hearing the evidence, which amounted to 27,000 words as counted on the manuscript, committed the prisoner to jail to await the action of the grand jury at the next term of court. Crouch was then conveyed to St. Charles by Sheriff Thomas M. Carter, and there placed in jail. In the trial the State was represented by Prosecutor Josiah Creech and R. H. Norton, and the defendant by McKee and McFarland. On the 31st day of March, following, the grand jury being in session considered the matter arid refused to find a bill of indictment against Crouch for the killing of the negro. Upon presentation of their finding, the judge of the court " ordered, adjudged and decreed that the prisoner be dis- in Troj February ~<>, L875, for the purpose of taking the expression of the taxpayers and voters of Bedford Township upon the proposition of subscribing (55,000 to the capital stock of the St.

Louis A Keokuk Railroad Company, to secure the building of the machine shops at Troy, that Crouch killed Carter. The people in the town were anxious to make the subscription, and consequently the leaders in the movement did all they could to secure the colored vote in its favor, while the people in the country, in view of the fact that the county had already subscribed $300,000 to the railroad, were generally opposed to making the further subscription of 855,000 by Bedford Township. Crouch lived in the country, and was opposed to voting the tax, while Carter, the negro, lived in town, and voted for the tax. Intense excitement prevailed in regard to the subject matter of the election, between the parties in favor of and opposed to voting the additional tax. The. excitement grew into bitterness, and much bad blood was engendered. Those opposed to the proposed subscription of stock combined to furnish means for the defense of Crouch, and an overwhelming pressure was brought to bear in his favor.

The Killing Of Thomas B. Walker

Thomas B. Walker lived about two miles east of Troy, and the parties charged with his murder, Monroe Thomason and Franklin Hartman, lived in the same neighborhood. A feud had existed for some time between Walker and Thomason. The former cut a saw-log on land he was clearing and it was washed in a high water freshet onto the land where Thomason and Hartman were cutting timber. These men claimed the log and attempted to haul it away. Walker, seeing them, went to them and placed his hand on Hartman' s arm, and warned him against moving the log. Hartman then struck Walker with his hand-spike, and in turn Walker felled Hartman with his fist, whereupon Thomason approached with a bludgeon and delivered a blow on Walker's head, crushing the skull and killing him. They then carried Walker to his clearing, where he was found the next day, partially consumed by hogs.

The killing of Walker occurred August 26, 1875. He was said to have been a peaceable and industrious citizen. He left a wife and four children. A coroner's inquest was held by Squire Allen acting as coroner, and the verdict of the jury implicated Thoinason and Hartman in the murder. They were arrested, and at the following October term of the court were indicted for the murder. Thomason was tried October 13, the jury disagreed, and he was remanded to jail. His second trial began November 5, following, and the jury again disagreed. On the 7th day of December, following, he was arraigned the third time for trial. He then withdrew his plea of " not guilty," and entered a plea of "guilty as charged in the indictment," whereupon the judge sentenced him to serve a term of ten years in the penitentiary. At the same time, Hartman, whose case had been continued up to this time, withdrew his plea of " not guilty," and entered a plea of "guilty as charged in the indictment," and likewise received a sentence of ten years in the penitentiary.

Murder Of Miss Mary Ellen Callaway

On the 5th day of September, 1875, Meredith Waters, aged eighteen years, shot and killed Miss Mary Ellen Callaway, aged sixteen years, at or near the residence of her parents, in the vicinity of Old Monroe. Waters was arrested, and on being arraigned for examination before Squire Admire, he waived trial and was committed to jail. He claimed from the first that the shooting which caused the death of the young lady, was, on his part, accidental. In October, following, he was indicted by the grand jury for the murder. The indictment charged in substance that the wound which caused the death of Miss Callaway was received in her left breast from a double-barreled shot-gun, held in the hands of Waters. The State was represented by Attorneys Josiah Creech, prosecutor, assisted by McKee and McFarland, and the defendant by Stewart, Magruder, Avery and Wells. The jurors empaneled were Henry F. Wells, foreman; W. A. K. Elsberry, John Ward; E. Hines, Barton Hubbard, H. C. Pennington, Thomas H. Harris, S. H. Uptegrove, Henry Wehrman, I. B. Thomas, William Sitton and Joseph Cantril.

of tlif <'<>urt. tin1 jury retired, and after deliberation returned into nt a verdicl of guilty <>f murder m tin* first degrei Tins was the ursl rerdiol for murder in the first d«»gnM' ever round against a oriminal in Lincoln County, it being then fifty six years after its organization. It should l>c observed bere thai the defense was made <>n th<i ground of accidental Bhooting, but (evidence wbhb given to show that the defendant was a rejected suitor of the young lady, and from this and other evidence the jury became satisfied that the Bhooting was intentional and not accidental.

Motions for arrest of judgment and for new trial were made by defendant's attorneys, and overruled by the Court. Sentence was not pronounced until after Henry Reakey was tried for the murder of his wife and also found guilty in the first degree.

Murder Of Mrs. Eliza Reakey

Mrs. Eliza Reakey, who lived with her husband near Grant's Ford on the Cuivre, disappeared from home on Thursday, September 9, 1875. Reakey followed her, and after being gone about four hours returned with some clothes which it was alleged she had taken away, and said he could not find her. On Sunday following (September 12), her body was found in the Cuivre at the ford, by Dr. Lindsey. At the following November term of the Lincoln Circuit Court, Reakey was indicted for the murder. Out of eighty men summoned, the following jurors were selected and empaneled to try the accused, viz. : Thomas J. Nally, Robert Black, E. A. Holmes, Douglas Wyatt, A. B. Ellis, Montgomery Geiger, W. J. Hardesty, John Sleet, C. W. Janes, J. W. Sitton, T. W. Wright and W. J. Holmes. The State was represented by Josiah Creech and G. T. Dunn, and the defendant by W. A. Alexander, of St. Charles, and McKee and McFarland. The testimony was voluminous. The marks of violence on her body showed that a murder had been committed, and the connection of Reakey with the tragedy was shown by evidence of his beating her on the evening of her disappearance, throwing her out in the yard, and leaving bloodstains on the floor. On this occasion Larkin Creech passed by and Reakey then desisted. After Creech had ridden out of sight he again heard the shrieks of the woman. Other evidence tending to the guilt of the accused was given. His plea of defense was that at times the woman was considered crazy, and that on this occasion she had committed suicide. The jury, after hearing the evidence, argument of counsel, and charge of the judge retired for deliberation and returned the following verdict:

Afterward, at the same term of court, the Judge ordered the sheriff to bring the convicted prisoners, Meredith Waters and Henry Reakey before him, and upon their arrival, he addressed them as follows:

" I have sent for you, Mr. Waters and Mr. Reakey, to pass sentence upon you in accordance with the law and the finding of the jury in your respective cases. In this trying ordeal I shall perform the unpleasant duty that devolves upon me - the first of the kind I have ever been called upon to do in all my official life - with but few words. I consider it out of place to use many words on an occasion of this kind. You have been tried according to the requirements of the law, and the juries, composed of good, intelligent, conscientious men, have found you guilty of murder in the first degree. I must say that my deliberate judgment endorses their verdict. Your trials have been fair. No testimony that could have benefited you was excluded. You have had every advantage shown you that the law allowed. You have been ably and faithfully defended. Your counsel have seen fit, and very properly, too, in the exercise of their legal opinion, to ask for an arrest of judgment and a new trial. In the most searching review of the matter in all the points presented, I found no cause to grant either, and your counsel have given notice of an appeal to the supreme court. I deem it proper to say in your case, Mr. Waters, that the reason assigned for anew trial by your counsel - that the panel of jurors and a copy of the indictment were not placed in their hands forty-eight hours before trial - is one that might possibly have some weight in determinng the action of the higher court. I do not mention this to give themselves or by their counsel, why sentence should not bo passed. A. V. McKee, Bpeaking for Eteakey, and Jeptha Wells for Waters, replied they hud not. The Judge then resumed:

"It now remains for me to perform the awful duty imposed upon me by Law. It is with the greatest feelings of regret that 1 do so. I wish you to understand that this is not my judgment but that of impartial jurors, and the sentence is that of the law. I beg of you to remember that. The sentence is this : That you be taken hence by the sheriff, in whose custody you are, to the usual place of confinement, and there to be confined until the 31st day of December, 1875, and on that day that you be brought to the place previously prepared for your execution, and that between the hours of 1 and 3 o'clock in the afternoon, you be hanged by the neck until dead. And may God grant you His patience in this the hour of your greatest trial ; and may He mercifully grant you a true and sincere repentance for all the sins of your past lives."

In accordance with the foregoing sentence, a gallows was erected in the courtyard, and preparations for the execution of the condemned men were fully made. Meanwhile both cases had been appealed to the court of appeals at St. Louis, and a stay of the execution was granted by that court. The notice of the stay of executions was notreoeived until the evening before the day that the unfortunate men were sentenced to be executed. The people of the country, not knowing the turn that affairs had taken, assembled in Troy early on the day appointed for the execution, but all were disappointed in witnessing the tragic scene. During the night, after the notice of the stay of execution was received, some parties in Troy, fond of amusement, made an effigy and hung it upon the gallows. This device had the effect to make it appear to some persons coming from the country, before they learned the true state of affairs, that one of the criminals had been executed before their arrival. In this way the anticipated serious matter was turned into that of amusement.

Iii the case of State vs. Waters, the judgment was reversed an error of the lower court, and the cause remanded for a new trial. In the case of State vs. Reakey, the judgment was reversed on account of the insufficiency of the indictment, and the cause remanded for a new trial.

Second Trial Of Meredith Waters

In April, 1876, Meredith Waters was again arraigned for trial, and the following jury was empaneled: Richard L. Janes, Thomas Buford, William D. Shaw, E. G. Dehart, James M. Hall, W. H. Grimmett, D. R. Porter, W. A. Taylor, Andrew Wilson, Tobias E. Henry, Edmund Lahart and John G. Koster. The State was represented by Josiah Creech and Nat. C. Dryden, and the defendant by O. H. Avery, P. P. Stewart, A. H. Edwards and Jeptha Wells. The following is the verdict of the jury:

The Judge, in mercy, threw off fifteen years, and sentenced the defendant to a term of forty-five years in the penitentiary. In accordance with the sentence, Waters was conveyed to the penitentiary and incarcerated therein until Christmas Day, 1887, when he was released by executive clemency.

Second Trial Of Henry Reakey

On the 4th of April, 1876, a new indictment was found against Henry Reakey, and he was again put on trial for the murder of his wife. The jurors empaneled were Lewis Meyer, T. B. Green, J. P. Ellis, Thomas G. Branch, J. W. Palmer, Weston Ives, William Subert, T. G. Mitchell, John S. Cunningham, H. K. Elmore, T. B. Dyer and T. L. Elmore. After trial the jury returned the following verdict: u We, the jury, find the defendant guilty of murder in the second degree, and assess his punishment at twenty-four years in the State penitentiary."

It Bhould have been said in b more appropriate place, thai in both the Waters and Reakey oases, an appeal was taken Erom the court of appeals to the Bupreme court, vrhere the decision of the

Killing Of Charles 0. Bansdell

A difficulty arose between the sons of Francis 0. Cake, Br.. and the step-sons of Charles C. Ransdell, the latter being the Bragg boys. These parties all lived in Troy. On the night of the 2d of August, 1879, they happened to meet in front or a little south of the front of King's drug store. As shown by the evidence in the case Francis C. Cake, Sr., and his son, Francis C. Cake, Jr., came out of the drug store and started southward and after going only a few steps they came even with Charles C. Ransdell and one or more of his step-sons. Some of the parties clinched and became engaged in a struggle. Francis C. Cake, Jr., was seen to step out of the struggling crowd and with his pistol fire two shots into it. After the firing of the first shot, or perhaps after the second was fired, Charles C. Ransdell was seen to reel from the struggling crowd and fall. Other shots were fired by one or two other parties. Ransdell was carried into the drug store, where he died immediately from the effects of* a pistol-shot wound. In the fracas Francis C. Cake, Sr., received a slight wound on his head, and Francis C. Cake, Jr., was wounded in one arm.

Joseph B. Allen, justice of the peace, and acting as coroner, summoned a jury and held an inquest over the dead body of Ransdell. The following is a verdict of the jury: "That said Charles C. Ransdell came to .his death by a bullet being fired from a pistol and passing through the upper and left portion of his heart, and that said pistol was fired by and in the hands of Francis C. Cake, Jr., and which the jury do find was the immediate cause of said Charles C. Ransdell' s death." Mr. Cake was arrested and given a preliminary trial before Squires Robert F. Waters and M. H. Brown, who held him under bond for his appearance at the next term of court. The State was represented by Pros- ecutor Josiah Creech and Norton & Dryden, and the defendant by Walton & Avery and Elijah Robinson. At the following October term of the circuit court Cake was indicted for the murder of Ransdell, and upon giving bond for his appearance at court his case was continued until April 2, 1880. He was then arraigned and plead "not guilty." The following jury was then impaneled to try the cause: Q. M. Wilson, John Fleener, W. T. Hall, J. W. Rush, N. M. Robinson, T. P. Moxley, J. A. Enusmaer, H. B. White, Berry Porter, Thomas D. Wilkinson, Robert Stewart and T. J. Henry. After hearing the evidence, argument of counsel and the instructions of the Court, the jury retired, and after deliberation returned their verdict, finding the defendant guilty of manslaughter in the third degree, and assessed his punishment at a fine of $500. Sentence was rendered accordingly, the prisoner to stand committed until the fine and costs were paid. The next day defendant's counsel made a motion for a new trial, which was overruled. Afterward, on petition of the defendant, accompanied with his affidavit of insolvency, Judge W. W. Edwards ordered that he should be dis~ charged at the end of fifty days from date of his conviction.

Murder Of Oliver Barnes

In the summer of 1880 Oliver Barnes and his step-son, John Howdeshell, aged eleven years, went into a field near the residence of James Cox, not far from old Alexandria, to catch some horses for the purpose of attending a picnic in that vicinity. They separated, and, after going to the house, the boy went back and found Barnes lying dead, about sixty or seventy yards from the house of Cox. His skull had been crushed, and circumstances pointed to Jesse Cox as the perpetrator of the foul deed, there having been some dispute about Barnes' right to pasture his horses in the field. Squire R. F. Waters summoned a jury and held an inquest over the body. The jurors were L. Hull, W. R. White, Felix Raney, James Raney, William Broyles and Jacob Raney. Their verdict was " that Oliver Barnes met his death at the hands of Jesse Cox. " A warrant for the arrest of Cox was issued and placed into the hands of Deputy Sheriff Snethen, who executed it by placing Cox in jail. A preliminary trial was what he was going to do. The Deputy Sheriff found a coat in the house of Cox with blood on it, and Mrs. (vox said the coat belonged to her husband. The attorneys for the defense submitted the case without offering testimony. The prisoner was remanded to jail to await the action of the grand jury.

He was indicted and tried at the following October term, and the jury disagreed. He was tried again at the following spring term of court, found guilty of murder in the second degree, and was sentenced to serve a term of fifteen years in the penitentiary, from which place he was released in 1886 by executive clemency.

Killing Of Morgan Show

The Show family, consisting of several brothers and one or more sisters, and their widowed mother, lived on their deceased father's old homestead, in Pike County, about eight miles north of Louisville. In farming the place the brothers quarreled about the crops, etc., and it i3 said that during one season they were so angry and hostile each to the other that they carried their shot-guns strapped across their backs while at work in the fields. It seems that Morgan was the one most feared, and stood somewhat alone in his hostility toward the other members of the family. Early one morning, while Parrin Show, aged about twenty-one years, was at the barn feeding the stock, Morgan, his brother, went out and shot and killed him. Morgan was arrested and afterward indicted for the murder in Pike County. His trial was continued and finally moved to another county on change of venue. Mrs. Weatherfield, a sister of the Show brothers, lived with her family in the northwestern part of Lincoln County. After the killing of Parrin, it seems that Morgan was rejected in general by all the other members of the family; but as time passed on he began to repent of his conduct, or at least professed to repent, and said that he intended to lead a better life. In so doing he became, in a measure, reconciled to all the surviving members of the family, except his brother Marshall, who was not disposed to forgive him.

In the latter part of December, 1881, and the beginning of January, 1882, Morgan Show was out subpoenaing witnesses to attend his trial for the killing of his brother, Parrin ; and on the evening of January 1, 1882, stopped at the house of his sister, Mrs. Merriweather, to stay over night. Presently, Mrs. Merriweather discovered her brother Marshall approaching, and knowing the bitter feeling that existed between the brothers, she met Marshall, told him that Morgan was in the house, and entreated him not to stop on the occasion. Morgan then came out and invited his brother to dismount and come in, at the same time proposing that they should make up and become friends. The two brothers and their sister then went into the house together. Mrs. Merriweather retired immediately to get some fuel to replenish the fire. Her daughter, aged thirteen, was in an adjoining room (the kitchen). While the brothers were left thus alone pistol shots were heard. Morgan Show retreated from the room and fell dead near the outer door.

On January 5 Eobert D. Walton, t]ae prosecuting attorney, filed an affidavit before B. A. Gililland* a justice of the peace at Olney, charging Marshall Show with the murder of his brother Morgan. A warrant for the arrest of the accused was issued, and in due time he was brought before Squire Gililland for trial. He was prosecuted by Prosecutor Walton, and defended by Champ Clark and D. A. Ball. The witnesses testified to the facts pertaining to the killing as here given. Mrs. Merriweather testified positively that she heard three shots, and thought she heard two more. The little girl testified also to the hearing of the firing. Dr. T. M. Luce testified that he was called, and that upon examination of the body of Morgan Show he found three distinct wounds, two in the body and one in the head, that either of the wounds in the body was probably fatal, and that the one in the head was such a wound as would cause instant death ; that the murdered man might have walked to the place where he fell with one or possibly both of the wounds in his body, but could not have done so after receiving the wound in

Killing Of J. F. M. Brown

On the night of the 17th day of February, 1882, J. F. M. Brown, while in a state of intoxication, was knocked down on the sidewalk near the southwest corner of the Laclede Hotel, in Troy. The following day he died. A coroner's inquest was held, and the following verdict rendered by the jury: " That J. F. M. Brown came to his death by wounds received in a difficulty with John E. Worsham, on the 17th of February, 1882, in the town of Troy, Lincoln County, Mo. The precise manner in which said wounds were inflicted is unknown to the jury." At the following term of the Lincoln Circuit Court Worsham was indicted for the killing of Brown, charging that in the heat of passion and without design he struck Brown on the head and knocked him down, thus causing his death, which resulted the next day. Worsham was finally tried for the offense on the 6th day of April, 1883, and the verdict of the jury was " not guilty." At the time of this unfortunate affair Worsham was clerking at the Laclede Hotel, and was aggravated by the ill-conduct of the unfortunate man.

Murder Of Mordecai W. Wilkinson

On the morning of July 17, 1883, at about 1 o'clock, Mordecai W. Wilkinson, living about half a mile north of Elsberry, was shot and killed while lying in his bed. The only persons known to have been in the house at the time were Mr. Wilkinson and his wife, Maggie, and William Wesley Gibson. Two or three colored persons slept in a house in the same yard. After the murder was committed, Mr. Gibson gave the alarm to James Evans and others who lived near by. A coroner's inquest was held by J. W. Ellis, a justice of the peace. Dr. W. A. Hemphill, of Elsberry, and Dr. Kerr were called to examine the wounds of the murdered man, and Dr. Hemphill took down the evidence at the inquest. The verdict of the coroner's jury was that "the deceased came to his death by a shot from a shotgun loaded with buckshot, in the hands of an unknown person."

Circumstances soon caused suspicion to rest upon the parties heretofore named, who were in the house with Mr. Wilkinson. The body of the murdered man was disinterred, and a postmortem examination was made by Dr. W. A. Hemphill and Dr. Kerr, and several shots were found within it besides the one found on examination at the coroner's inquest. On the 21st of the same month, Prosecutor Jeptha Wells filed his affidavit before George W. Colbert, a justice of the peace, implicating William Wesley Gibson with the murder. Upon this, a warrant was issued and placed into the hands of Sheriff Snethen, who executed it by arresting Gibson and lodging him in jail at Troy. On Saturday following he was arraigned before Squire Colbert on charge of murder. Jeptha Wells appeared for the State, and Messrs. E. H. Norton and Nat. C. Dryden for the defendant. Upon agreement, July 30 was appointed as the day for preliminary examination.

On the day appointed the prisoner was arraigned for trial. Prosecutor Jeptha Wells was assisted in behalf of the State by Hon. Marshall F. McDonald, of St. Louis, and Howard S. Parker, of Troy. The defendant was represented as before by Norton & Dryden. The State made a formidable array of circumstantial evidence to establish the guilt of the prisoner. Some of the strong points in the evidence were, that when the neighbors assembled at the house of Wilkinson, on the call of Gibson, immediately after the murder was committed, the bed in which Gibson claimed to have been sleeping when he heard the report of the murderer's gun was made up and did not have the appearance of having been used that night; and the side of the murdered man's bed, where his wife was presumed to sleep, did not have the appearance of having been used that night. Mrs. Wilkinson swore, at the coroner's inquest, that she was in bed when her husband was shot - that the first she knew of the affair she heard tlif dog bark, and after thai sli*» went to sleep. Prior t<» this, though, Gibson had stated to one of the persons present that the dog did not bark. The State proved thai when Mrs. \Y. Baid 14 the Grsi she kne\* of the affair she heard tin* < I < > «*- bark Gibson, in a Low whisper, Baid to her, " Hold od there; you are

Other witnesses testified to certain conversations, some of them with Gibson aboui a criminal intimacy which was alleged to have existed for the hist two years between Sirs. W. and himself. The State also produced in evidence the will of Wilkinson, made a short time before his death, whereby he bequeathed to William Wesley Gibson, the defendant (who was his nephew), a note on a certain party for $800, and a lot of farming implements, and that after certain other legacies specified in the will wore paid, all the residue of his estate, both personal and real, of whatsoever nature, should go to his wife. This latter would amount to several thousand dollars. The State also proved that both the wife of the murdered man and the defendant knew of the contents of the will.

On the part of the defendant, evidence was given that just after the murder was committed, an unknown man was seen going from the house, and that the bed in which Gibson slept was made up after the murder was committed and before the neighbors arrived. The evidence was voluminous, and space will not admit of further recital of it here.

Wilkinson had raised the defendant Gibson, the latter being a nephew7, or half -nephew of the former. He (Wilkinson) was a mich^e-agod man wrhen he married his wife. Her maiden name was Maggie Elsberry, and her age at date of marriage wras twenty-one years. He had been ailing during the spring of 1883, and was sick at the time he was murdered. At the conclusion of the trial before Squire Colbert, Gibson was remanded to jail to await the action of the grand jury. At the following fall term of the circuit court he was indicted for the murder, but was not tried until in January following. In this trial the State was represented by Prosecutor Jeptha Wells, M. F. McDonald, D. P. Dyer, Howard S. Parker and David A. Ball, and the defendant by his former counsel, Norton & Dryden, assisted by

Josiah Creech. The jurors before whom the defendant was tried were J. W. Owen, W. N. Wright, A. J. Powell, P. M. Gear, William Dixon, T. J. Pollard, William Smith, P. Layne, M. W. Lindsay, G. W. Cohea, W. 13. Morris and George Bridges.

The evidence adduced was substantially the same as that given on the preliminary trial. The argument of counsel commenced on Wednesday morning and continued until Friday at noon. The evidence against the prisoner was wholly circumstantial. After the case was submitted the jury retired and remained out about one hour, and then returned a verdict of " not guilty." This was a great surprise to many people, and much indignation was manifested.

Indignation Meciings. - On the 23d of January, a few days after Gibson was acquitted, a large number of citizens assembled in the schoolhouse at Elsberry, organized a meeting, and " Resolved, That the guilt of no party was ever more clearly proven by circumstantial evidence than that of Wesley Gibson for the murder of M. W. Wilkinson." Another resolution of this meeting censured Sheriff Snethen in severe terms, charging him with acting under undue influence in selecting the men from whom the jury was drawrn and empaneled. Another resolution was as follows: "Resolved, That we believe it would be policy for the Legislature to authorize the county courts to select all special as wrell as regular juries, and thus put it out of the power of unscrupulous attorneys, by means of flexible and unworthy sheriffs, to convert a trial by jury into a contemptible farce." Other resolutions expressive of the indignation of the members of this meeting were passed. The next week Sheriff Snethen replied to the published resolutions of this meeting through the medium of the press, vindicating his conduct, and claiming that the jury was drawn from the best citizens of the county. He also denounced the resolutions relating to his conduct as " wicked, poisonous, libelous, and as a mass of falsehoods as black as hell." This led to further controversy in the papers. Another indignation meeting was held in the schoolhouse at Auburn, on February 2 following the trial, attended by about 150 persons. Resolutions in regard to the Gibson trial, similar in their nature to those passed by the Elsberry meeting, were adopted and passed.

felony. Her ease was continued until the April term of court following the acquittal of Gibson, and then nolle proseguted by the State. The trial of Gibson was undoubtedly the most exciting one ever held in Lincoln County, and his acquittal probably caused the greatest indignation. A theory is entertained by some persons that the negro male-servant, who usually slept in the out-house, at the residence of Wilkinson, assisted in the murder, and actually did the shooting at the instigation of the other parties implicated.

Murder Of Caroline Thornhill, Colored

In November, 1884, Caroline Thornhill was found dead in her bed, at her residence in Troy. A coroner's inquest was held over her dead body, and the verdict of the jury was that she came to her death, on the night of November 6, by being struck on the top and back of her head with an ax, in the hands of her husband, Green Thornhill. On the 12th day of the same month, court being then in session, Thornhill was indicted for the murder, arraigned for trial, and plead guilty as charged, and thereupon was sentenced, by Judge Robinson, to the penitentiary for the term of "during his natural life."

Killing Of Henry Turner

Early in December, 1884, Henry Turner and George W. Sitton met in a saloon in Elsberry, Lincoln Co., Mo., and quarreled about a settlement. Turner called Sitton a liar, and in turn Sitton knocked Turner down, and stamped him cm the breast and stomach. Turner was assisted from the floor by parties who were present, and he and Sitton, both being intoxicated, made friends, and the latter treated the crowd. That evening the town marshal assisted Turner into the caboose attached to the northbound freight train, bound for Dameron, his home. The train moved while he was getting on, and he slipped and fell so that the wheels tore off a portion of the calf of his left leg. Turner died on Friday, was buried on Saturday, and was disinterred on Sunday. A coroner's inquest was held, and Drs. Lee, Kerr and Hemphill made a 2)ost-moriem examination, and declared that in their opinion the woun^ of the leg did not cause his death. The inquest was held by J. W. Ellis, a justice of the peace, acting as coroner. The jury, on this occasion, found that " the deceased, Henry Turner, came to his death by being stamped on the chest and bowels by George W. Sitton." A warrant was issued for the arrest of Sitton, and placed in the hands of Constable A. W. Farmer, who executed it by arresting the accused, and taking him before Squire J. W. Ellis on the 8th day of the month. Sitton was released on bond of $500 for his reappearance on the 10th of the month. He then appeared with his attorney, Nat. C. Dryden, and upon application was granted a change of venue to Squire G. W. Colbert, at Troy, and was held to appear before that officer on the 13th of the month, for trial. The preliminary examination was closed before Justice Colbert on the 19th, and, the Court finding the evidence insufficient for conviction, acquitted and discharged the defendant. So it was not decided whether the whisky, or the injury received from Sitton, or the wound received at the train caused Turner's death. Probably all combined contributed to that sad result. This is another argument against saloons and intemperance.

Homicide And Suicide

About 4 o'clock on the morning of March 4, 1885, Stephen Coose, after having set up with Louis Coster, returned home to his father's house, near Silex, and kindled and started a fire. His brother, Horatio, got up, observed the time, and went back to bed. They quarreled, and Stephen shot Horatio and then shot himself, both shots being fatal. Stephen died about 7 o'clock A. M., and Horatio about 3 P. M.

Military Itkms

After being ceded to the United States it was temporarily assigned to the government of the Territory of Indiana, of which Gen. William Henry Harrison was governor, with seat of government at Vincennes. On the 21st day of December, 1804, Gov. Harrison commissioned Christopher Clark a captain of volunteers, and he was sworn into office February 9, 1805. Clark's company used to muster at Zumwalt's Spring, since known as Big Spring Mills, near Flint Hill. This was perhaps a central point, but the chief attraction was the whisky that was made from Adam Zumwalt's two distilleries.

In 1824 Peter Yates gave bond to the county court in the sum of $1,000 as paymaster of the Eleventh Kegiment, First Division, Missouri Militia.

One of the first musters of the militia in Lincoln County, for the purpose of drilling, took place in a little patch of cleared ground around Philip Sitton's spring, which is just below the one known as the old Perry Parks Spring. This was some time before the Black Hawk War. Henry Watts, who lived about two miles from Louisville, was captain. It took the whole northwest part of the county, including the Forks of Cuivre, to make up his company. The general musters of the militia in those days were held ostensibly for the purpose of teaching the settlers the tactics of military drill, but for this purpose they were an entire failure. As a rule the officers, with only a few exceptions, knew very little about military tactics, consequently they could not make it interesting for the men, and the men having no relish for the exercise, the result was that the musters on " general training day" were usually turned into fun and frolic, and no inconsiderable amount of twenty-five cents per-gallon whisky would be consumed, and frequently there would be a few rounds of "fisticuffs." Wrestling, racing, shooting at a mark and other amusements usually accompanied, and thus " training day " was a day of sport. Samuel Howell, a prominent old settler, mustered in the militia company of Capt. William Brunk, which was afterward commanded by Capt. William Barnes. He and his neighbors, Armstrong Kennedy and Thomas East, were drafted during the Black Hawk War, and were equipped and ready to join Gen. Scott's army when orders for disbandment came. Mr. Howell was also enrolled at the call of the Governor for the war known as the Iowa War, which grew out of a dispute between the State of Missouri and the Territory of Iowa about the location of the boundary dividing these commonwealths. The battalion raised and organized here for that anticipated war was never called into active service. Though troops were assembled on both sides of the line, the Iowa War never resulted in a clash of arms, the question being settled by the action of Congress and the supreme court of the United States. This battalion was commanded by Henry Watts, who now enjoyed the title of colonel. John S. Besser and Jonathan Biggs were captains under him. Ezekiel Downing was a candidate for captain, but was defeated by one of the individuals mentioned.

The Sioux Indians were allowed to remain here until about five years after the termination of the Black Hawk War. About 1831 or 1832 Col. David Bailey, who was the agent of the General Government for the removal of the Seneca Indians from Ohio to the Indian Territory, was encamped for several months in Monroe Township, in this county, with the whole tribe.

"During the years 1843, 1844 and 1845 there raged in this county what was known as the ' Slicker ' War. The term originated elsewhere, probably in Benton County, about the year 1841, and came from the peculiar mode of punishment inflicted by the regulators - whipping with hickory withes, or ' slicking,' as the backwood parlance of that day termed it. An organized county I'ound it necessary to organize for the protection of their property, bo extensive were their depredations. It has been said that the parties who operated in this comity sold L,200 horses, during a Bingle Beason, at one sale stable in St. Louis.

Of course not all these were taken from this county. Their operations in beef cattle were on as large a scale. Sometimes the thieves would be taken with the stolen property in their possession, but would always manage to have enough convenient witnesses on hand to secure acquittal, and would march off with the stock before its owner's eyes. This aroused the greatest indignation, which was heightened by the fact that the prevalence of counterfeit money, both metal and paper, seriously affected the transaction of business. A company of regulators was organized, with James Stallard, of Hurricane Township, as captain. Some of the very best men of the eastern half of the county went into it. Brice Hammock drew up its constitution and by-laws. Had the spirit of these been strictly followed some bloodshed and much ill-feeling might have been avoided. Some inexcusable excesses were committed, partly the result of the excitement of the times, but more from the fact that a few unprincipled men took the opportunity, either as active members of the organization or as pretended friends, to settle personal grudges.

" When the evidence against a suspected person became satisfactory to the regulators, such person was either ' slicked ' or ordered to leave the county by a given date, or both, and the penalty for a refusal or a failure to leave was either ' slicking ' or death, according to the merits of the case. The principals all fled the county. John Plummer, who was notified to leave, and was preparing to do so, went to Troy on the very day on which his period expired, and on the way home was shot and killed, it probably not having been known that he intended to leave. Several against whom suspicion was not very strong had their time extended by reason of sickness in family, or other sufficient cause. James Turnbull refused point blank to leave. Turnbull was a very peculiar man, but at this day nobody doubts that he was honest. The cause of suspicion against him was that a notorious thief and counterfeiter, Hal. Grammar, was intimate with his son Ezekiel, and used sometimes to stop at his house. It is not thought that Turnbull was aware of Grammar's real character. Turnbull lived on Bob's Creek, in Section 32, Township 49, Kange 2 east, on land that he bought, in 1840, from Dominique Francois Burthe, of New Orleans, and Marguerette Susanne Delor Sarpy Burthe, widow of the Baron Andre Burthe d'Anelet, of Paris, France. The house was a solid log structure, and was generally called Turnbull's fort. When the ' Slickers ' came to enforce their demands, Turnbull and one of his daughters went out to dissuade them from their purpose, declaring the innocence of the family. The conference was unavailing, and the one side prepared for attack and the other for defense. It is not known who commanded the attacking party, nor how many were present. Some random firing was done on both sides, and the ' Slickers' attempted, but unsuccessfully, to fire the house. It was then determined to make an assault, batter down the door, and make short work of the matter. Malachi Davis was the first man to enter; he received a bullet in the bowels, from the effect of which he died the next day. John Davis, his brother, rushed forward, thrust his pistol under the chin of James Turnbull, Jr., and fired. The latter fell, apparently dead, but finally recovered, except a partial paralysis which rendered him an invalid for life. Davis then raised his rifle and put a ball into the hip of Squire Turnbull, which caused his death some weeks afterward. Washington Norwell came in by the side of John Davis. As he crossed the threshold, one of Turnbull's girls cleft his skull with a cornknife. The wound was about six inches long, and extended an inch down the forehead, penetrating the brain and involving a considerable loss of its substance. Norwell fully recovered. He died a few years ago. The ' Slickers ' retired without accomplishing anything further.

" This affair caused great excitement, and a company of 'anti-Slickers' was organized the next day in the vicinity of Flint Hill, St. Charles County, for the avowed purpose of protecting the Turnbull family, and checking the excesses of the regulators. This company made several incursions into this county, removed inarch to vrhere the kantis1 were supposed to be, but arrived an hour too late. One evening Joseph I >. Woodson and James Burdyne wrere coming from Troy, and just opposite Mont. Oottli Burdyne a tYw feel behind, sitting Bideways, was telling about a

( three jacks and a pair of aces, and' when the report of firearms rang out. and the blaze from tin1 ^mi was seen in the bushes on the side of tlie road. Neither was hurt, but they quickened their pace considerably, and the luck of the three jacks and pair of aces was never told. After riding a hundred yards, Burdyne remembered that he had a horseman's pistol, and proposed to go back and 'give 'em a shot,' but he was overruled. That same evening William Holmes and his brother were riding into the gate of their uncle, Levi Bailey, wdien they were fired upon by two men, one ball wounding a horse and one penetrating the clothes of the other rider. Some time after this James Shelton, who had been the captain of the ' anti-Slickers,' was in Chain of Bocks, and, as he was crossing the river in a skiff, had his arm fractured by a shot from the bank. When the legitimate purpose for which the regulators had been formed was accomplished, the organization was disbanded, but it was a long time before the animosities engendered by the civil strife died out."

The Civil War

Upon the approach of the war of 1861-65 the sentiment of a large majority of the people of Lincoln County was undoubtedly in favor of the Southern cause, though, perhaps, the majority was not in favor of a disruption of the Union, as it is true that the county elected delegates to the State Convention, held in Jefferson City, February 28, 1861, who were in favor of the Union. After the inauguration of President Lincoln, and especially after the first gun was fired, and the President made his first call for troops for the preservation of the Federal Government, the sentiment in favor of the Southern cause became more positive and outspoken, and for a time it was somewhat unsafe for a Union man to express his sentiments. Two companies of soldiers, commanded, respectively, by Capts. Thomas M. Carter and George Carter, were raised for the Confederate army, in the summer of 1861. In the fall of 1801 Col. John B. Henderson brought his regiment, or a portion of it, to Troy, and took possession of the county. These were the first Federal troops brought to Troy. This put a stop to open recruiting for the Southern army ; however, recruiting for the Southern forces continued in a quiet way for some time thereafter. Individuals or small squads continued to go out of the county and join organizations of that army at other points. Col. Hendersen continued to occupy Troy but a short time, and was then followed by other Federal forces. In 1862 Col. Krekle, of St. Charles, occupied Troy for a time, with a portion of his regiment. Later Capt. McYaden, of Warren County, had a battalion of Federal troops in Troy, and in the winter of 18 64-6 5 the town was occupied, for a time, by Capt. Kimpinski's company of the Forty-ninth Regiment, Missouri Volunteers. Afterward Col. Charles W. Parker, of the Thirty-seventh Enrolled Missouri Militia, commanded the post of Troy until the close of the war. He had it garrisoned alternately by the different militia companies of the county composing his regiment.

Portions of the following commands, for the preservation of the Government, were recruited in Lincoln County, and scattering individuals probably joined other commands organized outside of the county.

Third Regiment Cavalry, Missouri State Militia

Company G, of this regiment, commanded by Capt. Richard Wommack, was raised in Lincoln County, and a portion of Companies C and D, from Pike County, commanded respectively by Capts. S. A. C. Bartlett and Robert McElroy, were recruited in this county. The following is the official roster of the staff officers of the regiment, and the officers of Company G:

Company

" Sir: - In compliance with your request, I submit the following report of the history of battles, marches, etc., of the Third Regiment Cavalry, Missouri State Militia: The Third Cavalry, Missouri State Militia, was organized on the 5th day of May, 1862, at Louisiana, Pike Co., Mo., composed of five companies recruited at Louisiana, and three from Warrenton, recruited principally under the superintendence of Lieut. -Col. Morsey, with 740 aggregate, and commanded by Col. Edwin Smart. For two months it was engaged principally in guarding the line of the North Missouri Railroad, with its headquarters at Louisiana, Mo. As soon as the rebel Porter commenced organizing his forces in Northeast Missouri, the regiment was placed in the field, and continued there continually until the following November. A part of the command was in the first engagement with Porter the latter part of July, on Salt River, Monroe Co., Mo., in connection with the Third Iowa Cavalry, Maj. Caldwell in command. It was next engaged with Porter's forces a few days after at Moore's Mill, in Callaway County, Mo., Col. O. Guitar commanding. It then went in pursuit of these forces through Northeast Missouri, to the Iowa line, and one company was in the engagement at Kirksville, Mo., Col. John McNeil, commanding. After this, the rebel forces being dispersed, it was engaged in pursuing and capturing them, having frequent skirmishes with Porter's, Poindexter's, Cobb's and other guerrilla parties which so infested that region during the fall of 1862.

" On the 18th of October it engaged and successfully dispersed a large force of these guerrillas near the Avonix Church, in Callaway County, Mo., who were attempting to cross the river and get south. This was the breaking up of the campaign of that fall. During the time many rebels, horses, etc., were captured, and many were surrendered to the command. On the 10th day of December the regiment took up its march to Jefferson City, thence to Rolla, where it remained but a short time, when it was ordered to Pilot Knob, Mo., at which place it arrived on the 28th day of December, 1862. It remained there until the middle of

March, L803, during whicli time il was engaged in eruardinflr the post, Mini escorting trains to Gen. Davidson's command, then in Southeasl Missouri. In Mnirli if marched to Patterson, Mo. There, on the 20th day of April. L863, il was attacked by Marmadnke's command <>f eight thousand men, and being so outnumbered, and no artillery, it was forced to fall hack on Pilot Knob, which it did in order, losing in killed and wounded only about thirty men. This engagement lasted From twelve o'clock, M., until sundown. It then joined the forces of Gen. Yandever, and pursued Marniaduke out of the State, being in all the engagements from Jackson to Chalk Bluff. Since this time it has been continually in the field, having many skirmishes with guerrillas in Southeast Missouri and Arkansas.

" In October it was again (under command of Maj. Wilson) in that State, and captured a company of sixty men, with their officers, at Evening Shade. At the same time another portion of it, under Capt. Leeper, entered the State at a different point and had a skirmish with rebel force under Beeves, a notorious guerrilla leader. The regiment has just taken winter quarters, with headquarters at Pilot Knob, and its companies occupy several other posts in Southeast Missouri.

" General: - At the beginning of the year 1864, the headquarters of the regiment were at Pilot Knob, Mo., with companies occupying the outposts of Patterson, Centerville, Fredericktown, Potosi and Farmington, Maj. James Wilson commanding. The stations of the companies and command of the regiment remained unchanged during the severe winter months of January and February, very little being done by the command except the usual routine of camp, post and escort duty.

to lieutenant-colonel and assumed command of the regiment. During this month Maj. Wilson, in pursuance to orders from Brier. -Gen. Fisk, made a successful raid into Arkansas from Pilot Knob, with 100 picked and well mounted men, killing twenty-one guerrillas and scattering the bands that then infested that country. Shortly after this a battalion was sent to Patterson, under the command of Maj. Wilson, and the work of exterminating bushwhackers and guerrillas commenced in earnest. Scouts from the regiment were continually sent to the border and into Arkansas, and if an enemy were anywhere in that country he was sure to be hunted out and justice meted out to him. The regiment had, by scouting the country so frequently, learned every path and by-road, and this was the cause of their great success in hunting down the marauding parties. No district of country in Missouri, so much exposed, has, within the last year, been kept more quiet from the bands that have infested our State than this.

" In June the Second Battalion was detached from the regiment, placed under command of Maj. Bartlett, and ordered to the District of North Missouri, where it did good service during the summer and fall in hunting down the numerous guerrilla parties in that district. The battalion also lost quite a number of men wounded, captured, and afterward murdered by the rebels.

"Lieut. -Col. Matthews being detached from the regiment early in June, Maj. Wilson assumed command, with headquarters at Patterson, Mo. On the 18th of July, Maj. Wilson, with 125 men, started on a raid into Arkansas, marched to Bloomfield, Mo., and reported to Lieut. -Col. Burris, Tenth Kansas Volunteers, who commanded the expedition, which lasted for twentysix days, during intensely hot weather, and for the part performed by the Third Missouri State Militia Cavalry we refer to Col. Burris' report.

"On the 2d day of August, and on our return from Osceola, which place we had taken, with a large number of prisoners, engaged the Second Missouri rebel regiment, commanded by Lieut. - Col. Erwin, Pemiscot County, Mo. ; charged, in connection with the First and Sixth Missouri Volunteer Cavalry, killing and capturing the greater portion of the command and dispersing the mainder. In this engagement the regimen! losi Oapt Evans I cis, Company L, killed Oapt Francis was a young man, jusl promoted, a fine officer and a gentleman in every respect, and 1m<1 fnir to make a name worth? of fche cause in which he w engaged.

11 During September, and when Price was expected into .Missouri, the District of Southeast Missouri again began to swarm with guerrillas and recruiting parties from the rebel army, and the regiment was kept on the march night and day clearing out the parties and obtaining information in regard to Price's movement-.

" On the 17th of September Lieut. Pape, Company K, with a small detachment of the regiment, moved to Doniphan, found the advance of Shelby's division, charged them, drove them from the town and across Current River, and for several miles back toward the Arkansas line. He then fell back and encamped on Black River. During the night the enemy advanced in heavy force ; succeeded, under the cover of the night, in surrounding the little camp, and next morning made the attack with mounted and dismounted men. Lieut. Pape mounted his men, and finding himself surrounded by a vastly superior force, ordered them to charge, which they did four times before they succeeded in breaking the enemy, who were formed three lines deep. They succeeded in cutting their way out, with the loss of Lieut. Brawner, Company K, killed, and several men killed and wounded.

" This is but one instance of the many severe skirmishes in which the regiment was engaged during and before the raid of Price into Southeast Missouri.

"Two battalions of the regiment were engaged in the battle of Pilot Knob, Mo., on the 26th and 27th of September, 1864. There and on the retreat to Rolla the regiment lost heavily; among the number, Maj. James Wilson, who, with six men, was captured at Pilot Knob, and afterward shot by order of the rebel Gen. Price. For the honorable and heroic part the regiment