McDonald County, Missouri - Chapter 7, 1897

On the night of September 12, 1883, Dr. A. W. Chenoweth was shot from ambush just at the brow of the hill on the Neosho road at the north edge of Pineville. The doctor lived about a quarter of a mile from town, and some time after dark got in his buggy and started home. , When he reached the point above stated two reports from a shot gun in quick succession rang out on the night air and the doctor fell from his buggy, riddled with buckshot. The team went on home and stopped at the barn.

This, with the reports of the gun, alarmed the family, and his son, Curtie, ran down the road to see what had occured. Coming upon the dead body of his father in the road he uttered a scream of terror and grief that was heard throughout the little town, and soon the entire population had gathered at the scene of the tragedy. 'Intense excitement prevailed. One of the most useful, prominent and beloved mem- bers of the community had fallen a victim to the cowardly assassin, and the threats and imprecations of a justly indignant people were mingled with the cries of grief from the terrified and almost heart broken wife and children.

The doctor, for years, had been a leading advocate of temperance and a bitter opponent to the illicit traffic in liquor. His antagonism to blind tigers and saloons had incurred the ill will of some of its advocates. This feeling was, also, very likely indulged in by a few of his political and personal enemies. Garland A. Mann for several years had been his open and avowed enemy, and had time and again threatened his life. Mann had kept a saloon in Pineville at different times and had probably sold liquor without license. It was through transactions connected with the saloon and liquor business that the enmity between the two men was first engendered. Besides, Chenoweth was a member of the Pension Board of Examiners and Mann was an applicant for a pension. He claimed that the doctor used his influence to defeat bis claim. As time passed on the animosity grew stronger. Mann brooded over his ills, whether real or supposed, until he imagined every transaction of his life that turned out adverse was caused by the connivance of his enemy. This state of mind had so wrought upon Mann, and his threats had became so frequent and bitter that the doctor's friends often warned him of his danger, and when the crime was perpetrated suspicion at once rested on Mann and he was arrested the next day.

The trial which ensued was the most noted that has ever originated in this county. A change of venue was granted to Newton county. The defendant owned a farm on the river, besides some other property which he gave to his lawyers for his defense. Eminent legal talent was employed on both sides. Each side had friends of influence and the fight was long and bitter. One party was fighting for the life of the defendant, the other contending that the vengeance of the law might be invoked on the murder of their friend. He was first tried in April, 1884, the trial lasting until May 5, when the jury, unable to agree, was discharged. He was again tried in August, convicted of murder in the first degree and sentenced to be hung. The case was reversed in the supreme'court and remanded for re-trial. The trial was again begun in May, 1885. This resulted in a mistrial the jury being unable to agree. The fourth trial was begun August 3, 1885 but on Aug. 6, Mann was killed in jail by a mob, and thus the noted and expensive trial was terminated. About 1. o'clock that night a mob, variously estimated at from 100 to

150 men surrounded the jail at Neosho where Mann was confined. A deputation of ten or twelve went in and demanded the keys of Sam Cotter, one of the guards, and then of Johnson. They denied having the keys. The door of the jail was then burst in and the door of the cell battered down. Mann was of course unarmed, but it is said that he fought like a savage beast at bay. But the avengers of his victim's blood were at hand and a few pistol shots were fired, then two discharges from a shot gun and the last act in the great tragedy was over. On examination, the doctors found six wounds any one of which would have been fatal.

As to the guilt of Mann, we have never heard even his friends express a doubt. One of the attorneys in the case told the writer that one time Mann prepared a confession of the crime, but it was destroyed by one of his attorneys, who insisted that an acquittal would eventually be secured. No one was ever arrested for the killing of Mann, although an effort was made to discover the parties who constituted the possee. This protracted trial cost over $10,000, and bad blood was engendered which lasted for several years, though no serious trouble ever grew out of it.

One night in December, 1883 there was a dance at a house on the river a few miles above Saratoga. Among others in attendance were James M. Wisdom, then post master at Saratoga, and William Judy, a young man less than twenty years of age. Wisdom was also deputy Sheriff, and claimed he went to the dance for the purpose of arresting a couple of parties for whom he had a warrant. The evidence adduced at the trial of Wisdom proved that when the dance broke up Wisdom nourished his pistol, abused Judy and swore he would kill him. He wanted to ride on Judy's horse, and the boy insisted on Wisdom taking the horse while he would walk. Wisdom, however, compelled the boy to get on and ride up to a stump and let him get on behind all the time nourishing his pistol and swearing he would kill him. The two rode off in front of the rest of the party Wisdom hold of the bridle reins and still cursing and using his threats. When they reached the forks of the road where the Saratoga road turns up the hill a short distance below where A. J. Avery now lives,

~he other following on down the river bottom, Wisdom rode a few yards down the river bottom road, shot Judy through the body, threw him off the horse, then turned across to the Saratoga road and went home on the poor boy's horse. Parties who were behind on foot came up a few moments later and found the body lying dead by the road side. Wisdom who was undoubtedly drunk claimed the next morning that he knew nothing about it.

These were squally times in McDonald county. Austin had killed Hearrell in January 1882. At the February term of court Madison Evans was acqitted of the murder of Sherill Brooks, whom many of the neighbors say he had called out one morning and shot down in cold blood. The following September Dr. A. W. Chenoweth was shot from ambush while returning to his home near Pineville. These crimes and the acquittal of so many defendants exasperated the people and they determined to take the law in their own hands. Wisdom. Garland A. Mann, and other prisoners, who were kept in the Carthage jail, when brought to Pineville for trial had to be heavily guarded, and on different nights were secretely taken out in the woods and concealed until morning. The prisoners and their guards endured mush iuc3avreiiienc3 and suffering fro m the cold and exposure, but at that time avoided

Wisdom was tried at the April term 1884 of our circuit court, and found guilty of murder in the first degree. The judgment was affirmed on appeal to the supreme court, but the governor of the state commuted his sentence to a life term in the state pennitentiary. During his confinement he was sick nearly all of the time, and after a few years he was pardoned and sent home to die with his family and friends, the prison physicians giving an opinion' that he was in the last stages of consumption and could live but a few wTeeks. He, however, soon regained his health and at last reports was still alive and prosperous.

About sundown, January 20, 1882, B. F. Austin shot and killed E. J. Hearrell, at the residence of W. C. Price on Buffalo creek. There had been some dealings, also some trouble between the parties previous to the killing, but nothing of so serious a nature was apprehended.

The Price residence consisted of a double log house with a porch between the two rooms. Price with his family at that time occupied the east room while Austin, his son-in-law, lived in the west room, the house however, stands

On the afternoon of the killing, the writer was at the shop and Austin stated to him that he expected Hearrell to sue him on an account and in case he did so wanted his services as attorney to defend the case. About one hour after this conversation took place the killing occurred. Herrall came to the shop and a dispute arose concerning the account. W. C. Price. Jr., then a little boy, was the only one present. He states that Hearrell threatened Austin's life, unless the balance he claimed was paid. The three got over the fence together, a high, staked and ridered rail fence, between the lot and house yard, and started towards the house. Old Mr. Price was sitting in his room with his back towards the porch door when his son, little Billie bolted in and in a very excited manner exclaimed "Pa, come quick, Mr. Hearrell is going to kill Ben, The old gentleman replied, ' ' Why, I reckon not and started to rise from his chair. Just then a shot was fired, and when Mr. Price reached the door Hearrell was in the act of falling. Austin being yonng and active, had run from where they crossed the fence to the house, sixty yards. some distance in advance of Hearrell who was siting old. On reaching the house Austin ran into his room, caught down his rifle and, taking* rest on the side of the door, fired the fatal shot. The bullet entered the neck just above the collar bone and severed the main artery. The distance between the two at the time the shot was fired was about thirty feet. Deceased was a large, powerful man and would no doubt have severely beaten Austin, had he overtaken him, but he was wholly unarmed.

The case created great excitement in that vicinity and Austin was severely condemned by the public. But at the following August term of court he was acquitted on the grounds of self defence.

Several years later, 1894, Austin was shot and killed in the Indian Territory, by an Indian named Tom Crawford. Crawford was convicted of manslaughter in the United States court at Fort Scott, Kansas, and served a short term in the penitentiary.

One of the most appaling crimes ever committed in McDonald county was the murder of Mary LulaNoel daughter of W. H. and S. E. Noel on the 10 day of December, 1892. She was young, extremely handsome and her lady like manners made her a favorite with all who knew her. On tie Wednesday preceding. William Simmons, young man who lived at Joplin, came down to visit her. She was staying with her sister, Mrs. Sydney Holly, who then lived on the old Mann farm. He remained there until Saturday. On Friday evening arrangements were made to the effect that next morning Holly's folks were to go over to W. H. Noel's and the two families were to go together to the town of Noel. Holly and his wife were to visit over night at the home of a relative on Mill creek. Simmons was asked to go with them but declined, saying he would walk over to Lanagan and take the freight train to Joplin. Miss Noel said she would remain with Will (Simmons) until he went away and then go across the river to her father's if the ater was not too high, otherwise she would remain on that side with some of the relatives who were quite numerous. The river was then past fording for vehicles, but was being crossed on horse back. About 8 o'clock in the morning Holly and his wife started away leaving Simmons and Miss Noel together at their house. This was the last ever seen of her alive. Instead of returning home on Sunday, Holly and his wife remained at her father's the next few days. Lula had not come home, but no great uneasiness was felt as she was supposed to be at some of the relatives across the river. On

Monday and Tuesday inquiry was made when it was ascertained she was not in the neighborhood. A letter was at once dispatched to an uncle at Webb City, with whom she made her home part of the time, and it was thought probable she had gone there. When the answer came back that she was not there, the anxiety of her parents and family that had been growing deeper all of the time suddenly increased to a frenzy of excitement. Their beautif al daughter and sister was gone, lost; no one knew where, and only those who have experienced the feeling can realize the agony which clung to them day and night.

Her father and Mr. Holly went to Joplin on Friday to see what tidings they could gain. At the trial Holly swore that he saw Simmons and said to him "Will, your girl's gone. " Simmons trembled violently a few seconds and replied. "Is that soy** He asked no questions concerning her and appeared to be desirous of avoiding the conversation. When asked if she came away with him, he replied that she did not. They stood in silence a few moments when Simmons remarked, "You don't suppose the fool girl j umped in the river and drowed herself, do you'.-'" They returned home that night and the next day, Saturday December 17, just one week from the day she was last seen, a systematic s-earch was begun. The whole country was arroused and hundreds of people joined to aid in finding the body, for it was now the universal opinion that she had been killed. The hills from the Holly house towards Lanagan were gone through for a while in the early morning then the crowd repaired to the river. The deep holes were dragged, giant powder exploded and every spot examined for some distance up and down the stream, finally about 2 o'clock in the afternoon, in a narrow, swift place in the river at the lower end of a large, deep hole of water, the body- was found where some of the clothing had caught in a willow that projected into the water. It was but little more than a quarter of a mile below her father's house and within a few feet of the road along which her parents had passed that fatal Saturday afternoon uu conscious of the great tragedy that had been enacted. On examination afterwards con elusive evidences of a violent death were found. A bruise on one temple, one spot on one cheek and three or four on the other, as though a hand had been placed over her mouth to stiffle her screams, finger prints on the throat, were all plainly visible. Besides a bruise the size of the palm of one's hand on the back of the head and her neck broken. The lungs were perfectly dry and all evidences of drowning were absent.

There were tracks of a man and woman corresponding in size and shape with Simmons and Miss Noel's found leading from the Holly house across the field to near the river bank at the upper end of the big hole of water above mentioned. At the lower end was a ford, and it is the supposition that the two walked down to the river, she intending to wait at the ford and call to her parents as they passed on their way home to take out a horse from the wagon and assist her across.

The finding of her body naturally increased the excitement. A warrant was at once issued for Simmons and he was apprehended in Joplin just as he was preparing to leave. Had he been brought to Pineville at that time it is likely he would have been summarily dealt with, but he waived examination and remained in the jail at Neosho. At the February term of our court 1893 an indictment was returned against him for murder in the first degree. A change of venue was granted to Newton county and the case tried at the following May term. Some seventy witnesses were examined and the case was hotly contested by both sides. The jury were unable to agree and were finally discharged. The trial again came on at the following November term.

At this trial the attorneys for the state took the position that there was a probability or, at least, a possibility that the killing was done on a sudden impulse and without deliberation and asked for and was granted an instruction for murder in the second degree as well as in the first degree. The jury returned a verdict for murder in the second degree and assessed the punishment at ten years in the penitentiary. Thus ended another of the most noted criminal cases ever on the docket in our county.

During the summer and fall of 1886, a halfbreed Indian from Canada, called ' 'Canada Bill, ' had been employed by various parties in the Roark neighborhood. He appeared to be a man of vicious habits and of rather inferior mental faculties.

One afternoon in December, 1886, Mrs. Robert Roark, who lived in the Roark valley near the Newton county line, was left alone with her little children. Bill happened to pass by and finding her alone made indecent proposals which was followed by an assault. A desperate struggle ensued. The fight begun in the house and terminated in the road outside the yard some twenty or thirty yards away. During the fight her little boy some three or four years old, threw an ear of corn and hit his mother's assailant. Perhaps, frightened by her screams for help, or believing assistance was at hand, he suddenly abandoned the assault and fled. Mrs. Roark was bruised in several places where he had struck her and her clothing was badly torn, but she was not seriously injured. She immediately fled to the nearest neighbors and gave the alarm. A possee was soon in pursuit and in a few hours her assailant was captured in the Indian Territory The Indian policeman arrested hiui and delivered him to the possee to be brought back to this county for trial. He was taken to the house of P. P. Rinehart to be guarded through the night. Not long after dark a mob surrounded the house and demanded the prisoner. Mr. Rinehart went out and requested them to go away, which they apparently consented to do. Shortly afterwards the prisoner, with several guards, was started off to Pineville. They went on foot across the fields and through the woods. When they reached the foot of the big hill on the Seneca road near Buflalo creek, they halted and built up a fire to keep warm while one of the Lager boys went home to get a team and wagon. After waiting here for some time they started on, and had gone but a short distance when the were suddenly surrounded by a mob which at once took charge of the prisoner. In the mean time, Canada Bill seemed to be aware of the fate that probably awaited him. He had talked over his crime freely and acknowledged his guilt, He signified a desire to plead guilty and said he thought he ought to be sent to the penitentiary, but he did not think he deserved to be lynched. He was taken on down the road to where a clump of eight or ten large trees stood near Sam Owen's field, and hung to the limb of a black oak. In his last moments Canada Bill proved himself worthy of the stoical race to which he belonged. Seeing that his captors were devoid of mercy and protests were in vain, he resigned himself to his doom and met death in a spirit worthy of any hero. The guards who were permitted to witness his execution said that when the rope was placed around his neck and thrown over the limb that he never uttered a groan or moved a muscle, but was drawn up like a log of wood and died as quietly as though he had lain down to a peaceful sleep. He had been guilty of a grevous offense, but grevously did he answer for it. After the inquest the next day the body was placed in a rude coffin and buried near the top of the hilL

On Wednesday night, July 19, 1894, C. L. Moore and his wife, Mary A. Moore, were murdered in cold blood at their residence near Tiff City. The following account taken from the McDonald County Republican of July 27, 1894, is substantially correct:

' 'The greatest crime that was ever perpetrated in time of peace in McDonald county was committed last Wednesday night by the murder of C. L. Moore and his wife.

The Moore residence is situated in a narrow valley that makes up from Buffalo creek about a mile and one-half above Tiff City. The valley runs nearly north and south, and the house, a good-sized two story frame, is situated on the west side, fronting about east. The road leading from Buffalo creek to the State Line road on the uplands runs in front of the house about a hundred yards distant. The house sets back a few steps from the front fence. A double porch extends the entire length of the house in front, at the north end of which is a stairway. There are two doors and two windows opening out on the porch. It is abo at a quarter of a mile from the main road along Buffalo creek bottom. Here these two old people were living alone, their children all being grown and married.

Last Wednesday evening about dark nine pistol shots were heard in that vicinity, but as shooting is frequent, no particular attention was paid to it. The next morning a boy who had borrowed the Esquire's buggy the day before returned it about ten o'clock and put it up in the barn. Not seeing any one, he hollowed. Hearing no response he went in at the gate when he saw Mrs. Moore lying on the porch. He at first supposed she was asleep but ongoing nearer he discovered a pool of blood. Almost wild with fright he ran and gave the alarm. The news spread like wild-fire and the people for miles around gathered in under the most intense excitement. Prosecuting Attorney, Hugh Dabbs, and his assistant A. V. Mannnig had gone to Tiff city that morning and arrived just as the word came. With Dr. A. J. McKinney they went to the scene of the murder, where an examination of the two bodies and of the premises was made. Mr. Moore was found lying in the northwest corner of the north room, his right arm under his head, the left raised as if trying to ward off the blow. There were four bullet holes in his body, as follows: One in right arm near the shoulder, one on the front side of the right shoulder, one on the right side of the head through the temporal bone, the other in the cheek on the right side of the nose. The last two wounds were both fatal. The blood had run in a stream and was clotted all along the floor all the way to the fire place. Mrs. Moore was lying on the porch, across the front door her feet near the foot of the stairs. She was on her face, her head resting on both arms. She had been shot in the upper part of the arm, on the left side of the neck, and in the back part of the head. Dr. McKinney says she was evidently running when the fatal shots were flred. Toward the south end of the porch were the chairs where they had been sitting and their pipes from which they had taken their last peaceful smoke, were lying in the window. They had removed their shoes, one pair being found on the porch and the other pair in the house, like they had been removed and put away for the night. Both were in their stocking feet, she with a light summer dress, he having removed his coat and vest, and the top button of his pants unfastened as though preparing to retire. The lamp was still burning. The examination showed that they had been dead about fifteen hours, both bodies being cold and stiff. Two other chairs were sitting on the porch near the two just mentioned indicating there had been two visitors. Five shells of empty cartridges, number 38, were found near the door, and four of the same kind have been found on the premises since. In addition to the seven wounds found in the bodies two bullets had lodged in the floor. It is evident the shots were all fired from the same pistol, as the shells found were all punctured a little to one side of the center and all exactly in the same manner.

The only conceivable motive to the crime was robbery. Mr. Moore was a man of considerable means, and it was known that he was saving up money to pay off a mortgage on some property he owned in Kansas. The amount, if any, secured is not known, but is probably from two to five hundred dollars was obtained. It was evidently the act of some one who knew the family well and their financial condition. It is also evident Mr. and Mrs. Moore both knew their assailants, for strangers would not take such extreme precaution of shooting so many times to insure instant death.

men of our county and was highly respected by all who knew him. His wife who was part Indian, was an estimable lady. They were about sixty years old and after giving a home to each of their children, were living out their old age in a comfortable home with plenty and to spare.

In the following September Lafe Hamilton and his brother Tom were arrested charged with the crime. The preliminary examination was held before Esq. S W. KingatPineville, lasted three days and resulted in the defendants being held to await the action of the grand j ury . They gave bond in a few days and were released.

At the February term of court following these two defendants, with their brother William Hamilton and Andrew Taylor were indicted for the crime. Being unable to furnish bail, they were committed to the Newton county Jail where they remained until the August term of court, 1896, at which time the case against Taylor was nollied and the Hamiltons were tried. This is one of the most interesting cases ever tried in McDonald county. Hundreds of people came to hear it, and from Tuesday evening until Saturday evening the court house was literally packed full of people eager to catch every word of the evidence. The State was represented by J. D. Edge, prosecuting attorney, Hugh Dabbs and J. W. Brunk, of Neosho, and H. C. Pepper and Tom Steel, of Cassville. The defendants were represented by George R. Clay and J. A. Sturges, of Pineville, A. J. Harbison, of Neosho, and Cloud & Davies, of Pierce City. The introduction of evidence was begun Wednesday evening and the arguments closed late Saturday afternoon. Sunday forenoon the jury returned a verdict of not guilty.

Up to the present writing, July 13, 1897, no other parties have been apprehended and it appears that this great crime will ever remain a mystery, and its perpetrators go unpunished.

In June 1885, Dorson B. Anderson a deaf and dumb man, left some point in Lawrence county with a team and wagon and came down into McDonald county, camping out while on his journey. Irwin Grubb accompanied him. They camped one night a few miles above Pineville and several days after the dead, and partially decomposed body of Anderson was found in one of the lonely hollows making out from Dog Hollow.

brush. The wagon had been taked to pieces and hidden in the brakes of Sugar creek. Grubb was soon after apprehended in Lawrence county and brought back to the Pineville jail where he remained until the night of his death. He tried to claim that the killing was an accident, but all the circumstances pointed strongly to his guilt.

One night in November, 1885, a mob made a very sudden and wholly unexpected raid on the jail, and took Grubb out and hung him to the limb of a tree near the spot where Dr. Chenoweth had been murdered, just at the bend of the road east of the school house.

There has never been a legal execution in McDonald county, but John Abels was convicted of the murder of Wick Lane in 1874, and hung at Carthage, to which place his case had been taken on a change of venne.

Abels was getting along in years and was living with a young woman, supposed to be his wife, though some of the older settlers say there had never been a formality of the marriage rite. He was not only jealous of her, but treated her with extreme cruelty considerable of the time keeping her chained. They were living on

In the spring of 1874, she eloped with one Neil Dodson, who had a wife and several children. They went to the Indian Territory. - Abels accused Lane of being implicated in the affair. He protested that he knew nothing of it and went with Abels in search of the woman. They went east through some two or three counties, but failed to find any trace of the missing one. On their return, Abels became more suspicious of Lane, and accused him of leading him out of the way in order to give the fleeing parties a better opportunity to escape. They appeared to have stopped near a spring on Granny's Branch not far from where Cyclone now is where the killing was done.

Just how the murder was committed will never be known in all its details, but the evidence showed it to have been cool, deliberate and cruel. One who examined the bodjT and the ground surrounding says that it is evident that Lane was sitting down against a white oak tree when the first shot was fired, as the ballet had lodged in the tree and the first traces of blood were found at its roots. From there to a spring a few yards distant was a track of blood and indications that the wounded man had crawled from the tree to the water. Here he was found with his face down in the pool as though in the act of quenching his thirst, when the second shot was fired. Either wound would have been fatal. Abels took his victim's horse and revolver andjled. The dead body was discovered that day or the next and Abel was followed and captured in the Nation. His case was sent on a change venue to Jasper county where he was convicted and hung. He acknowledged the crime on the day of execution, and said all he regretted was that Sam Lane was present to see him die.

The records of our county would hardly be complete without the sensation of trying a woman for murder. This was furnished by the trial of Emma Brown (Carroll) for poisoning her infant child. This trial was accompanied by two of the most remarkable incidents the writer ever saw or heard of when a woman was on trial for her life. The first was that every woman who attended the trial sympathized with the prosecution and was eager for a verdict of guilty. The other, that Emma's own mother, without reserve, or hesitancy, and apparently without emotion gave at length and in detail the most damaging evidence against her daughter.

was held and the coroner's jury brought in a verdict of death by poisoning. The parents, Charles and Emma Brown, were indicted for murder in the first degree.

The evidence showed that Emma had been wayward. She had met Brown for the first time but a few months before the child was born, and they were married soon after they became acquainted. The birth of the child under these circumstances caused trouble, although Brown it is said had been apprised of the facts before the marriage. The mother sent her little brother to Pineville after laudanum with a precaution to say nothing about it. The bottle was seen under her pillow, and afterwards found empty in the garden. On the other hand, it was shown that she was very fond of the baby and treated it with the affection common to young mothers. Of course the above is but a few of the points brought out in the evidence, and the fact that the child died from the effects of laudanum was not disputed. The defendant displayed remarkable nerve during the trial until her attorneys began addressing the jury when she broke down and wept violently for an hour or more. It was after dark when the jury reported and Deputy Sheriff, James Kenney started with her from the jail to the court house. Just outside of the east gate, they met John A. Ford, the Sheriff, and Kenney remarked that Ford could take her up, while he looked after other business. She caught Ford's arm in both of hers and remarked quite cheerfully, "Iv'e got me another beau." They went on up to the court room where she heard the verdict of "not guilty," and the thoughtless, wayward girl went out again into the sunlight of freedom.

She had been tried separately from her husband and the jury thought there was a doubt as to whether she or her husband had given the fatal dose. The case against her husband was nollied.

One of the most distressing affairs ever witnessed in our county dccurred at Southwest City the last day of March, 1895. An attempt was made to arrest Jack Carey, a half breed Indian, for disturbing the peace. When ordered to surrender, instead of complying, he presented his Winchester and opened fire on the officers. L. W. Carlyle, city marshal, Cap Franks, constable, and deputy marshal, George Ratcliff, and Simps Melton constituted the possee trying to make the arrest. They returned the fire, and other parties began shooting at the same time, ostensibly at the officers.

When the shooting began Chas. Morgan, a white man who lived in the Nation, was coming into town from the north, his little girl and his little boy, Claude 5 years old, sitting with him in the wagon seat. One of the pistol balls struck the little boy, entering just above the right eye and passing out at the back of his head and passthrough the father's arm which was around the child. The little fellow died in about an hour and a half.

An inquest was ,held the following Monday, but it could not be ascertained who fired the fatal shot. Carey was shot in the groin and captured. He was held in the sum of §1,000 for felonious assault, to which he entered a plea of guilty at the following term of court and was fined $125.