Shelby County, Missouri - Chapter 9, 1911 (part 1 of 2)

Chapter 9

Ousting the Officers - Mukdees and Homicides - Murder of George Queaby - "The Dale-Phelps Tragedy" - Bruce Green Kills Calvin Warren - A Negro Murder Case - The Eobber Johnson - The Great Benjamin "Will Case - The Will - Indicting Eebel Preachers - Registration of Voters - News From Headquarters - The War Is Over - The Drake Constitution - After the War - Robbery of the County Treasury - Politics and Election of 1870 - Registration in 1870 - Census of 1880 - Flood of 1876.

The convention on March 17, 1865, passed an ordinance vacating the offices of the judges of the Supreme court and of all the Circuit courts and all the county offices. It was to take effect May 1st, and was never submitted to the people. It gave the governor power to fill all these offices by appointment. The terms of many of the officers who had been elected by the people had not expired; notably, the supreme judges, who had been elected for a term of six years, and some of whom had served only eighteen months. The reason assigned for the removal was that only loyal men should be in office. They found no little trouble in store when it came to enforcing the ordinance. The American people have always l)een quick to resent any interference by a legislative body with the judiciary, especially so when it partakes of partisan politics, and the "ousting business" was no exception to the rule ; but his excellency Governor Fletcher proceeded to fill the offices the ordinance vacated and to place therein some of his political friends.

Eskridge, removed ; John S. Duncan, circuit clerk, vice W. L. Cliipley, removed; James Bell, treasurer, vice C. K. Cotton, removed. County Court Justice Samuel Huston gave way to Lewis F. Carothers. The other officials remained.

All the new appointees were radical Republicans. Office-holding in those days was a biased affair, and a Democrat need not aspire to any such pinnacle, and Shelby county submitted to the inevitable; but some of the supreme judges in St. Louis were not so easily passed out. Judges Bay and Dryden claimed the law was not vested with the proper authority, was unconstitutional, and they refused to vacate. Governor Fletcher ordered the police to arrest them and eject them from the court. It was done and they were taken before a criminal court of St. Louis and fined for disturbing the peace.

Murder Of George Queary

September i, 1873, George Queary, a colored barber, was shot and killed by George Ashby, colored. The shot disemboweled the victim. He relocated the dismembered organs and held them in place with one hand, clinging to the lamp post with the other, until shortly he fell to the pavement and was carried home and died that night. The trial brought out the evidence that they had quarreled a couple of hours previously. Queary had gotten the better of Ashby, who left him, vowing vengeance. It also came out that Queary had a "self-protector" and had called to the ci'owd to "get out of the way" before Ashby fired. In his trial at Shelbyville, May, 1875, Ashby was found guilty of murder in the second degree and sentenced to twenty years in the penitentiary. He was defended by Jewett & Hale, able lawyers assigned him by the court.

The Dale-Phelps Tragedy

On the night of the 1st of May, 1875, there was a most desperate affray in Clarence, resulting in the death of one man and the serious wounding of two others.

John and Jonah Phelps, brothers, were two young men who lived on a farm six miles south of Clarence, whither they had moved from Roanoke, Howard county. Their cousin, James Phelps, lived on a farm adjoining town.

In Mr. Dale's restaurant some men had eaten some oysters and had fallen on the floor in a drunken sleep. John Pl^elps was teasing them. Mr. Dale's son, John D. Dale, then a ])oy fifteen years of age, was attending the restaurant, and remonstrated with Phelps. James Phelps came in and said to young Dale, "What is it your d - d business!" In a short quarrel that resulted Phelps struck the boy and knocked him down and the two clinched. The boy's father sought to interfere, but John Phelps caught and held him. Jonah caught up a chair and used it when and where he could.

Jim Phelps and John Dale were on the floor, and Phelps was stabbing and cutting the boy fearfully. He made eight severe wounds. Jonah Phelps struck at Dale with a poker, but missed him and the blow fell upon Jim Phelps, stunning him. Young Dale then sprang up, all bleeding from his stab wounds, and ran behind the counter and secured a revolver. Jim Phelps recovered and again advanced, when Dale shot him through the upper portion of the body from side to side. He staggered to near the door and fell dead. As he was walking off. Dale again fired, or the pistol was accidentally discharged, and wounded him in the heel. At the first crack of the pistol John Phelps released old man Dale and started towards young- John, who fired and shot him fairly through the body, the ball passing through one lung. Jonah ran away and escaped unhurt.

Young Dale was arrested while lying in bed suffering from his numerous wounds, and upon preliminary examination was bound over. He was indicted soon after and at the November term following (1875) he was tried on a charge of murder. Prosecuting Attorney Dobyns made most strenuous efforts to convict him, going, as some thought, bej'ond his duty in his zeal; but the jury acquitted him without leaving their seats. Indeed, they announced that they were ready to render a verdict as soon as the evidence in the prosecution was in and before that of the defense had been introduced.

It is perhaps just to say that it is universally considered that there was not the least element of crime in what he did. Indeed, there are many who think that for a fifteen-year-old boy he exhibited remarkable courage and proved himself a hero instead of a criminal, and that he should nevei^have been indicted or even arrested. - Shelby County History, 1884.

In the summer of 1880 a fatal stabbing occurred at Lakenan. Calvin Warren and a young man, Bruce Green, had been to Shelbyville with a load of pottery, which they disposed of, and returning by way of Shelbina, on the road home, being intoxicated, they quarreled over a trivial matter. After reaching Lakenan the quarrel was renewed, and Warren, who was the aggressor, made an assault upon Green, who stabbed him so badly he died in a few hours.

Green was indicted in October, 1880, and gave bond for .$1,000. At the A]n\\ term, 1881, he was tried at Shelbyville and acquitted. It was a trial that excited the interest of the whole country. Prosecuting Attorney R. P. Giles made a strenuous effort to convict, two of

Warren's sisters, who attended the trial and were ladies of wealth, offering to pay well any additional counsel needed, but the prosecutor refused aid. The prisoner was ably defended In- his uncle, Hon. J. G. Blair, of Lewis county. Blair was a distinguished pleader, and it is said his speech in behalf of his nephew was marked for its eloquence, its force, and its tenderness. Green was acquitted and went home with his uncle to make his home permanently.

In 1881 Shelbina had a murder, when a negress was killed by some colored men. It seems that some negroes were at enmity with a negro man who was the recipient of too many favors of a negress, an inmate of the house where the shooting was done.

On the night of the murder, five negro men - Baily Lafoe, William Wilson, George Buckner, Ben Heathman and Oscar Brown - visited the house where they supposed the enemy was, with the avowed purpose of "doing him up."

They attacked the house, and the negress started up from her bed and started to another room, when the assaillants, seeing her through the window, thought it their man and shot and killed her.

They were all arrested. Brown turned state's evidence. At the October term of Circuit court, 1881, George Buckner and AVilliam Wilson were convicted of murder in the second degree and given a sentence of eleven years for Buckner and ten years for Wilson. At the following April term a nolle qurosequi was entered in each of the other cases, and Heathman, Lafoe and Brown were dis-

J. B. Johnson figured in the county's historj' of 1882 as the most daring and dangerous robber that had ever trod the fertile soil of Shelby county. Tt happened that on the night of June 16, 1882, B. F. Smith, a popular proprietor of the City hotel in Shelbyville, was robbed of half a hundred by a guest who registered as "J. B. Salmon" but later said he was "J. B. Johnson." He was a pedestrian, entering Shelbyville by the eastern road, and talked fluently with his host at the City hotel, representing himself to be a carpenter, and that he had been working in Lewis county and was en route to his home in St. Joseph. He was of gentlemanly address and agreeable in his demeanor, and there was nothing to betray his "outre" impression, on a casual acquaintance, but after a more scrutinizing survey one might otherwise interpret his cold, glittering eyes, his hard, cruel mouth, which would have a tendency to make one judge him as he was, - one of the most cunning, treacherous criminals of the country, daring beyond limit. Another alias used by him was Henry Clark.

Smith's guest asked his host for change for a $20 bill and early retired to his room. On the following morning about two o'clock Smith was awakened by his wife, who directed his attention to the robber, standing at the foot of their bed. with a di'awn revolver, demanding of his host to arise and yield up his monej', or his life was at his mercy. Mr. Smith forthwith arose and delivered over to the man the contents of his purse, which contained in the neighborhood of $50. At the request of the intruder he then accompanied him to the hotel office, delivered to him his grip, and then the robber thoughtfully and courteously bade him adieu and stepped out into the night, to the music of the thunderstorm then prevailing.

With the coming of dawn the county turned out in hot pursuit after the robber, who was apprehended near the town of Clarence. Deputy Sheriff Charles Ennis first discovered him, and a party from Clarence, headed by the marshal and J. D. Dale, captured him a mile east of town. The Clarence officials had been notified of his whereabouts by Deputy Sheriff Ennis, who was aboard an eastbound train and recognized the robber walking along the road. He was captured by main force, refusing, in the face of the well-armed and threatening deputation, to throw up his arms, deliver his weapon or make a surrender.

When in the grasp of the officers he proceeded to become notorious. On the evening of the same day he was under guard in the second story of the hotel at Clarence, when "Johnson" ]>roceeded to auction off to the highest bidder the hat he wore, which he claimed belonged to the renowned Jesse James. Having attracted all the men from the street, he attempted to escape by making a sudden spring through an open window to the street below. He, however, was unfortunate enough to break a leg, and so was easily recaptured.

for safe keeping. It was here, before his broken limb was well knitted, that he headed and urged his fellow inmates on to an outbreak, making a brutal assault on the young man who carried his food, and whom he beat almost into a lifeless state before a rescue was made. On October 13, 1882, he was arraigned in the County Circuit court and plead guilty to robbery. The distinguished Judge Redd sentenced him to twelve years at hard labor in the penitentiary. Within the walls of the state penitentiary the daredevil was not cowed. He headed a revolt of some of its most hardened criminals. With his own hand he fired the walls of the penitentiary, cut the hose to head off the quenching of the flames, and struck down every guard that came his way. The casualty from this desperate act cost the state $150,000 worth of property. For this act he was sentenced to a dark cell, which only made a demon out of a sullen spirit, and, unprovoked, he attacked his cell-keeper, whom he beat to insensibility. The history concerning the man during his incarceration is to be found on the records at the IMissouri state penitentiary, given us through the kindness of Mr. Roach, secretary of state, as follows:

"J. B. Johnson was received for incarceration from Shelbj- county, October 15, 1882, having been convicted of burglary and larceny. His sentence was for twelve years. At the December term, 1884, of the Cole County Circuit court said Johnson was convicted of arson and attem])t to 1)reak prison. His punishment for this charge was assessed at imprisonment in the penitentiary for a lonn of twelve years from October 13,

1894. He was an inmate of the prison at the time he committed the crimes of arson and attempt to break prison. In the latter part of 1900 the prison physician certified to the governor that the said Johnson was confined in the prison hosi)ital, was afflicted with consumption, that he was suffering from an incnral)lo disease, and that further confinement would greatly endanger and shorten his life. Upon this certificate the prison inspectors recommended the pardon of Johnson, and accordingly a pardon was issued to him December 4, 1900, upon condition that he immediately leave the state and never return. Thus endeth this chapter on Johnson, so far as the records in this department disclose. ' ' Cornelius Roach, "Secretary of State."

The Great Benjamin Will Case

An incident that stirred the county of Shelby as well as the adjoining counties, and indeed all the states, in the 70s, was the great Benjamin will case. Mr. Benjamin has received much mention elsewhere, as he was a prominent pioneer in the early history of the county. From the "Hi.story of Shelby County" of 1SS4 we publish the narrative account in its entirety :

In April, 1878, a suit was begun in the Shelbj' County Circuit court to set aside a will made, or alleged to have been made, by Hon. John F. Benjamin, of this county, a few hours before his death, March"8, 1877.

This was and is a "celebrated case" in the annals of northeast Missouri juris- ])ru(lence, and will bear something of detailed mention and elaboration.

York, born in 1817. He came to Shelby county at an early day - before 1846 - and settled at Shelbjville. He was an attorney of more than ordinary ability, and was possessed of great shrewdness, sagacity, and a^itness for money-making. He improved every opportunit.y to add legitimately to bis property, and in time became possessed of a considerable fortune, estimated at about $75,000. It is said that he made something of a start in California during the flush times of 1849-51. He was himself a "fortyniner."

During the Civil war Mr. Benjamin was an ardent Unionist and early entered the Federal service. Some of bis services are noted elsewhere. He rose from a captaincy to a brigadier generalship of the Missouri militia. In 1864 he was elected to congress as a radical Republican, and re - elected in 1866 - 68, serving three terms as a member of the thirty-ninth, fortieth and forty-first congresses. In 1872 be was again a candidate, but was defeated by Col. John M. Glover, the Democratic nominee.

After the war Mr. Benjamin removed from Shelbyville to Shelbina, where be built a handsome and comfortable residence costing over $15,000. After being defeated for congress be repaired to "Washington and, in the fall of 1874, engaged in banking with one Otis Bigelow, the firm being known as Bigelow & Benjamin.

General Benjamin bad long been married, but was childless. While in Washington as congressman be formed the acquaintance of some ladies named Welsh. One, Miss Minnie Welsh, be took under his patronage and assisted financiallv and in manv other ways.

Upon her marriage to a gentleman named Hammond he assumed a protectorate over her sister, Guy H., a beautiful and winsome young lady, but capricious and guiltj^ of certain breaches of propriety and offenses against good morals. Married to a Mr. Allen, she eloped from him at Los Angeles, Cal., and in male attire concealed herself in the stateroom of her paramour on board a vessel bound for San Francisco. She was apprehended and the elopement frustrated.

She made at least one trip to Shelbyville with him, and accompanied him elsewhere on many occasions. It cannot be questioned that the general, old and mature as he was, was very much attached to if not infatuated with the fascinating lady. Her enemies allege that bis relations with her were illicit, as had been those be formerly maintained with her sisters. It does not seem that Mrs. Benjamin recognized Guy as her daughter, or approved of her intimacy and familiarity with General Benjamin. She and others had been informed that Mrs. Allen was a Washington city adventuress, pretty' and engaging, but wily and wicked.

In April, 1876, while at Shelbina, Benjamin made a will, which was witnessed by W. A. Reid, Daniel Taylor and other citizens of the county. By the provisions of this will Guy Allen was to receive a specific legacy of the general's military clothing and equipments, his private silver plate, and his diamonds. She was also to receive the income from the proceeds of the investment of one-half of his estate remaining after certain other legacies had been paid and satisfied. The investment was to be made in United States or ^lissouri bonds, the interest on which was to be ])aid "to my adopted daughter, Guj^ H. Allen, aforesaid, during her natural life, the same to be for her sole and separate use, and neither to be jiaid to nor in any manner controlled by her husband. ' '

Also in this will the general directed that there should be erected over his grave a monument costing not more than $5,000, and on which should be inscrilied the following: "John Forbes Benjamin ; born in Cicero, New York,

General Benjamin spent a great deal of his time in AVashington. He had rooms on D street, between Second and Third, which he occupied in connection with Mrs. Allen. Their rooms adjoined and communicated. Airs. Benjamiu remained at the elegant home in Shelbina.

In the early winter of 1877 General Benjamin suffered from colds and neuralgic pains. On the first of March he was seized with a violent attack of pleuro-pneumonia. He died March 8th. At the time of his decease Airs. Allen was lying very ill in an adjoining room and was not informed of his death until ten days after it occurred.

The general's body was immediately taken to an undertaker, who prepared it for shi]inient, and in charge of one George C. Rowan it was shii)ped to Shelbina and there buried.

Immediately after General Benjamin's death a will was produced bearing his undoubted signature, "John Forbes Benjamin," and purporting to have been made Alarch 7, 1877, the day before his death. This paper was written by one George. Truesdale, a real estate agent of Washington, whose office was in the banking house of Bigelow & Benjamin, and who was well accjuainted with the general in his lifetime.

He swore that the paper was written at Benjamin's dictation and signed by him as represented. There signed this l)aper as witnesses the general's attending physicians, Drs. J. H. Thom])sou and G. L. Alagruder; his partner, Otis Bigelow, and Air. Truesdell ; and there was present, and witnessed the signing, the nurse, Catherine Alahoney. The following is a copy of the will:

Know all men by these presents that I, John Forbes Benjamin, of the town of Shelbina, County of Shelby, and State of Alissouri, being of soimd mind, but conscious of the fact that I have Init a few days to live, do make, ])ulilish, and declare the following to be my last will and testament, thereby revoking all wills and codicils heretofore made by me.

To my good friend, Charles AI. King, of Shelbina, of Alissouri, my law library and furniture, or all that portion of the same now in use by hiiu, and my goldheaded cane.

To my beloved wife, Diana, all my property of every description owned or possessed by me in the State of Missouri ; also $12,000 in the District of Columbia, six per cent gold bonds. I also give her a deed of trust loan of $4,000 made to John (J. AVaters, and a note for $2,000 of William Kidge, of Shelbiua, Missouri, which I hereby direct to be forwarded to her at Shelbina, Missouri.

I give and bequeath to my adopted daughter, Mrs. Guy H. Allen, wife of James M. Allen, late of Cleveland, Ohio, all my interest in the partnership of Bigelow & Benjamin, and all debts which may be owing to me by persons in the District of Columbia, and all the real estate owned by me in the District of Columbia.

She is now very ill and may not survive me many days, and perha]:»s not at all ; in either event, I give and bequeath the part given to her to her sister, Mrs. Minnie Hammond, of Cleveland, Maryland, wife of Eugene Hammond, of Cumberland, Maryland.

My remains after death here to be suitably but not extravagantly cared for by an undertaker and the same forwarded to Shelbina, Missouri, for such cemeterial disjiosition as may be had there. I leave it all to the discretion of my wife aforesaid.

I nominate and appoint my friend, Joshua M. Ennis, of Shelbyville, Missouri, the executor of this my last will and testament, so far as my property in the State of Missouri is concerned, and appoint George Truesdell to wind up my business in the District of Columbia, so far as will not interfere with the riglits of Otis Bigelow, my surviving partner. Subscribed by my own hand. Done in the City of Washington, in the District of Columbia, on the 7th day of :\larch, A. D. 1877.

Subscribed by us as witnesses in the ]n-esence of each other, and in the presence of and at the request of the testator, who declared to us that the foregoing was his last will and testament, the testator being known to each of us to be the party signing as such.

About March 1, 1877, or eight days before, his death, Mr. Benjamin made what was intended evidently to be a schedule of his property. This schedule, or memorandum, which was in his own handwriting, was as follows :

The immediate relatives of General Benjamin - his wife, Mrs. Diana Benjamin; his brothers, George H. and Henry H. ; his sister, Mrs. Louisa Wood; and a niece, Mrs. Thurza Parks - contested this will, and in April, 1878, brought suit in the Shelby county circuit court to have it set aside and declared null and void, on the ground that it had been fraudulently ol)tainod and made; that the principal beneficiary, Mrs. Guy H.

It was further charged or insinuated that there had been foulest of foul play in the transaction; that a general conspiracy had l)een entered into by the doctors, the nurses, Colonel Truesdell, Jennie Welsh, a sister of Mrs. Allen, and Mrs. Allen herself, to put General Benjamin out of the way, and to obtain possession or control of the greater portion of his valuable property. Some thought he had been drugged in his last illness; others that a will different from the one shown had been prepared by the General's dictation, but that the one exhibited was substituted when it came to signing.

Numerous witnesses testified as to the genuineness of the will, giving circumstantial accounts, substantially agreeing, of its preparation and of the soundness of mind of the testator at the time of making it. It was also testified by all the witnesses who were present when General Benjamin died that at the time of his death and for some days preceding and succeeding that event, Mrs. Guy Allen herself lay in an adjoining room unconscious of what was occurring and had occurred to ^Ir. Benjamin. It was furthermore sworn to that Mr. Benjamin was not friendly disposed toward his brothers and sisters; that he had been estranged from them for years, and it was sought to establish the conclusion that this was the reason why they were excluded as beneficiaries of his will. It was furthermore sworn to that the testator had i-epeatedly introduced and represented Mrs. Guy Allen as his adopted daughter, and treated her openly with great affection. His first accjuaintance

The suit was begun in April, 1878, but was not tried until a year later. The intervening time was spent in taking depositions in AVashington and in other proceedings incident to the law's delay. In April, 1879, the case was called in the circuit court at Shclbyville.

Judge John T. Redd, of Palmyra, was on the bench. A strong array of lawyers from Washington and elsewhere was present, and the court room was crowded with spectators. The trial was prolonged for some days and eveiy point was hotly contested.

For the i)laintiffs there were D. C. Cameron and Judge Barrow, talented and experienced attorneys from Washington City; Thoma.s L. Anderson, the veteran lawyer of Palmyra, the Nestor of the northeast Missouri bar, and King & Giles, the well known accomplished practitioners of Shelbina. For the defendant, Guy Allen, there was A. S. Worthington, of Washington, now district attorney ; Hon. B. F. Dobyns, a most learned counsel and brilliant advocate of this county; Hon. Theo. Brace, an erudite judge of this circuit. P. B. Dunn, Esq., represented J. 'SI. Ennis, the executor for Missouri, and a lawyer named Barnard appeared for George Truesdell, the Washington City executor. Airs. Allen hei-self was present throughout the trial and testified as a witness, making a most favorable impression - demure and modest as a Quakeress, and shrewd and quick-witted as a queen's maid of honor.

Of what avail now was the wealth he had toiled so long and so hard for - the privations he had endured, the hard bargains he had made and the enemies he had created thereby"? How much had he taken with him to that city whose gates are of pearl and whose streets are paved with gold and lighted with the divine glory? Alas ! for the dross which he had striven so hard for! It had become as the spoil of the pirate - as a bone over which dogs might fight ! Far better had he done good with it while he lived, visited the widow and the fatherless and those who were sick and in distress and ministered to them in their affliction. Far better had he never acquired it.

After some days the jury retired, but found it impossible to agree. In October following, the case was tried again, with the same result. The multiplicity of testimony, some of it confJicting, the weary lawyers with their endless tongues, the lengthy and learned instructions of the judge, the entrancing features of the principal defendant in the case, who was ])resent on both occasions, and sat the trial through, muddled the senses and confused the opinions of our Shelby county yeomanry.

Before it could be brought to trial again the ease was taken on a change of venue by consent of parties (Judge Brace, who had come to the bench, having been of counsel) to Macon county, where it yet lies undisposed of. But in the meantime a suit was begun in the District of Columbia by Mrs. Allen, now married again to a Mr. Schley, of

Washington, to secure the property which she claims was bequeathed to her by her "foster father." The nisi prius courts decided in her favor, and it is understood th'at their decisions now await confirmation by the Supreme Court of the United States. Upon this decision rests the ultimate fate of the case in its entirety in the courts at Macon and elsewhere.

The property in the District of Columbia has already been distributed by order of the Probate court there, and Mrs. Allen given her share or the greater part thereof. The Benjamin relatives fought the case, without success, however.

The decision that finally settled the case was rendered in the Supreme Court of the United States April 15, 1886. The case was decided in favor of Mrs. Allen and the Washington executors. All opposition was then withdrawn and the will was admitted to be probated.

But the fascinating and beautiful Guy, fair of feature and light of love, yet reigns as a queen. She has at least the partial enjoyment of her fortune, and is liapjiy in the possession of her new lover and husband. She speaks in teuderest tones of General Benjamin, and takes great pride in exhibiting his letters, wherein he speaks of her fondly, calling her "Bonnie," and by other terms of endearment.

Mrs. Benjamin, the widow of the General, did not survive him but a few months. She died in Shelbina in the summer following, and was not buried beside her husband, but in the Shelbyville cemetery, and there is, as yet, no stone to mark her resting place, or that of her husband.

body of Gen. John F. Benjamin was disinterred at Shelbina and interred the same day at Sbelbyville under the auspices of tlie Grand Army of the Eepublie.

The Drake Constitution, section 9, article II, compelled preachers, teachers, lawyers, etc., to take the test oath, and this brought a protest from all over the country, from all denominations, Protestant and Catholic, but the authorities proceeded to "make good." ]\Iinisters of the gospel were arraigned all over the state, and even three Sisters of Charity were dragged into court in Cape Girardeau county and fined for teaching without taking the test oath. Fourteen ministers were indicted at a single session of Circuit court. In our own couuty we furnished our own integral part of history along this line. In November, 1866, the following ministers were indicted for not taking the Drake oath : Rev. Jesse Fau- I)iau, three counts ; Henry Louthan, Robert Holliday, Milford Powers, "William Pulliam, Father D. P. Phelan and Revs. Robey and Brown. The indictments against the preachers were found separately and charged each with having on a certain date "at the county of Shelby aforesaid, more than sixty days after the 4th of July, 1865, unlawfully, feloniously, etc., etc.. 'jireacbed' without first having taken, sul)scribed and filed * * * the oath of loyalty," which said preaching was "contrary to the form of the constitution in such case made and ])rovided, and against the peace and dignity of the state." The preachers were arrested, but their trial awaited the decision of a case before the United States Supi-eme court. The case was that of

Rev. J. A. Cummings, of Louisiana, a Catholic priest, who was convicted in the Circuit court for teaching and preaching in the Circuit court without taking the oath. There was no proof he had been disloyal, but he simi)ly refused to take the oath. He was convicted, sentenced to a fine of five hundred dollars and to be sent to jail till the fine was paid. He appealed to the Supreme court of the state. It upheld the lower court. He appealed to the United States Supreme court and it set the test oath aside as contrary to the nation's constitution.

That court declared it to be an ex post facto law. It said no state was permitted to enact a law which punished men for offenses committed before the law was passed.

That quashed the Drake oath law, and when the decision was made in favor of the preachers and the teachers, the indictments all over the state were never called up and never heard of again and Shelby county preachers went on their way in their mission of love. .

Registration Of Voters

The convention agreed to submit their Constitution to the jieople for endorsement, but to be sure it would not be rejected, they passed an "ordinance" declaring that no one should vote for nor against the Constitution who would not first take the Drake oath. In order to make sure that none took it falsely, a system of registration of voters was l)rovided for. The registering officer was given the power to pass ui)ou the (lualification of all persons to vote, and if he deemed any of tlieiu could not truthfully take this oath he refused to enter their names upon the poll books. Yet after this extreme precaution, the election polled on June G, 1865, a majority for the Constitution of 1,800, out of a total vote of 85,000. In this county the boai'd of registrars prepared a list of cpiestions, which were submitted to every applicant for registration. The questions were printed in a book and opposite blanks for answers, one book for each township, and the applicants became a matter of record.

County 1865 To 1884

Spring opened up unusually early, the song of the bluebird was heard in the land, but the weather was cold and damp and delayed the sowing of the seed. The farmer was so glad to return to his every-day routine life he began his plowing as early as the weather would permit, although not quite sure was he as yet, that he would be left at home to reaj), but there seemed to predominate a hush throughout the land that seemed to whis]jer of rest and home. News that could be ascertained from the chief seats of war and the signs of the times indicated that the war was over, yet all these signs had been misleading before, and so they entertained yet a fear that again they were all deceived. Planting in the county continued up through May and the first of June, but the season remained a favorable one, and crops were of an extraordinary yield. Everything was abundant and ]irices remained steady and good.

News From Headquarters

this intelligence was followed up on April 9, just four years, lacking three days, after the Confederates cajitured Fort Sumter, by the surrender of General Lee to General Grant at Appomattox. But a few days previously Eichmond had been occupied by the Federal troops, and when this intelligence was received there was the wildest enthusiasm among the Unionists of this county.

Even many of the Confederate sympathizers were not sorry to again be in the land of peace, even though the terms were far from their liking.

But the hearts of the Southerners knew no rejoicing. They were ready to fight to the bitter end for the cause which they promulgated. It was now self-evident that they had taken poor stock in the Confederacy. It was now sure defeat for those who followed the Stars and Bars. The Confederates became reconciled and awaited the inevitable with resignation to the end.

The War Is Over

And the breathless waiting for news was not in vain. A quick succession of events brought the war to a close. A few days after Lee surrendered to Grant, Gen. Joe Johnston's army surrendered to General Sherman, and then followed May 13, Kirby Smith's trans-Mississippi army, except a portion of Shelby's brigade and some other Confederate Missourians, some five hundred, went on to Mexico. Soon Confederate soldiers began to return to their Missouri homes. Many lived here and others passed on through to their homes.

peace, but in a few instances they were buffeted and taunted by the men in blue, an insult to the name soldier, which carries even with it the characteristic of In-avery. The Confederate soldier had fought a good tight, had openly acknowledged defeat, philosophically accepted his situation and had gone to his work, hoping to mend his fragmentary fortunes. Not all were permitted to return to his dear ones at the dear old homestead, for many a soldier in gray lay upon the battlefield, his life a ransom to redeem the cause he honored, while his loved ones at home were bowed and broken because he never returned.

On the 18th of April the state convention, by a vote of 38 to 14, formed an entirely new constitution of the state, which was to be presented to the voters for adoption June 6th. It was called the Drake constitution, from the fact that Charles Drake, the vice-president of the convention, was its leading spirit, and from this fact and the extreme severity of the code, it has been called the "Draconian code," in comparison to the laws of Draco of Greece, which affixed the penalty of death alike to petty thefts and nmrder, saying in explanation that death was not too severe for small offenses and lie knew of no greater jiunishment for murder.

The circumstances which led to the framing of the new constitution, the Draconian law, was the fact that the convention went further, prescribing a "test oath," which declared that no person should vote nor hold office who had to persons engaged in hostilities against the government of the United States, or had given letters, goods or information to its enemies, etc. It went on to say any person who had done any of these things or any other thing like them, could not vote, teach in any public or private school, practice law, preach the gospel, solemnize marriage, etc., unless such person had first taken the "test oath." All citizens attempting to teach or preach without .oaths were to be fined not less than $500 or committed to pri.son not less than sis months, or both, and if a person falsely took it, he was to be imprisoned in the penitentiary for l)erjury.

The "test oath" is said to have disfranchised at least one-third of the people till 1872, and it is said would have disfranchised another third had they adhered strictly to the requirements.

The canvass which followed was a bitter one. Although the war was practically over, all the Confederate armies had surrendered, yet a few guerrillas and bushwhackers continued their existence in this state to the detriment of peace and safety to the sections they infested. Bands of military were kept in the field to hold the guerrillas in check and administer punishment for any disorder, and a spirit of unrest prevailed, and the provisions of the new constitution and the restrictions connected therewith, the embittered feeling which hostilities had caused, all bred ill will and was not calculatedlto restore an era of good feeling.

Hundreds of taxpayers, many of them old and honored citizens, were denied the privilege of the l)allot in the decision of the great contest before the state, the

On the other hand the friends of the new constitution maintained that citizens who, by overt or covert acts, had attempted to destroy the government, who had, liy lighting against the Federal government, "committed treason," or in deeds, words or sympathy, given encouragement to those who had, were not and coiald not be proper recijaients of the ballot. They further alleged had the Confederate armies succeeded and Missouri become one of the Confederate states, then the Unionist would have considered himself fortunate had he been allowed the privilege of living in the state. That he would not have been allowed to vote, etc., etc.

Even in our own county, threats are said to be on record, such as a speech of Senator Green's at Shelbj^ville in 1861, in which he said in speaking to the Union men, "If you win, we will leave; if kc win, you shall leave."

The whole state cast the following vote, which shows how the vote was cut down. Total vote cast at the election adopting constitution, 85,478; for, 43,- 670 ; against, 41,808 ; majority for, 1,862. The Shelby county vote stood : For, 282 ; against, 164.

Small wonder the ex-Confederates hated with a liitterness the Drake constitution, but happily the bitterness of strife is ])assing on down the march of time and the Union is walking, as it were, hand in hand, seeking the welfare of our free land.

After The War

the people again took up their regular avocations, the county made rapid progress in her development, increasing her population at a rapid rate, making valuable business acquisitions and permanent business improvements. Immigration was livelier than before in the county's history, and took up large tracts for homes, building thereon houses that were an improvement over the average home of the past. Much new land was opened up and the older tracts were improved.

The war had left the county badly in debt, had interfered with its business in a general way, so that all public improvement had closed, but as soon as these debts were gotten out of the way, public improvements were again foremost and the public highway was improved. Roads were built, bridges constructed, etc., as soon as the county could jjrovide the means.

On July 15, 1871, a contract was let for the first bridge that crossed Salt river between Shelbina and Shelbj-ville, at the old Dickerson ford. The contract price was $5,373.75, but the bridge with its approaches cost $10,007. The work was completed in December, 1871.

In 1871 the tirst iron bridge of the county spanned the South Fabius, in the northeastern part of the county. It was built by Bishop & Eaton at a cost of $2,800. "

Shelby county had not survived the de- ]iletion of its treasury by war, when on November 20, 1868, the county treasury was looted of $10,000 by burglars. The treasury was a safe the county bought in 1857, and set in a vault, built for the purpose, in the county clerk's office. It was supposed, of course, to be secure and was the county's only "safety bank." The burglars had made their entrance into the county clerk's office by the north window. The doors were pried open with levers and steel wedges and pries made for the purpose. The safe was thoroughly overhauled and every coin taken that was in her possession. The robbery was first known when County Clerk W. J. Holliday reached his office on the following morning, and caused no small stir in the little burg. The bank contained in money :

Of this sum $1,290 had been received from the tax on licenses, $3,224 belonged to the state revenue fund, and $4,980 to the state interest fund. In addition to the simi of public money in the safe. Clerk Holliday had some funds of his own, and a considerable sum belonged to the enrolled militia, having not yet been disbursed, making a total of $10,000.

collector, J. :M. Collier, had taken $30,000 to Quincy for safe keeping, which would have afforded the robbers some extra l)in money had they come while it was in the safe. The collector made a full and legal investigation of the case, in which the county attorney, M. J. Manville, represented the county.

Two men from Quincy, strangers, were unfortunate enough to be sojourning in the city at the time. The citizens became suspicious of them, took them into custody and made a desperate effort to implicate them, even going so far as to take them to the country to lynch them, but they averred their innocence so fervently that they were released.

The real thieves were never apprehended. No tools were found till a year later, when some drills and wedges and a few iron and steel pries were discovered in a fence corner in a meadow south of town and north of Black creek. It was supposed they were the tools that cracked the Shelby county safe.

Politics And Election Of 1870

The January legislature of 1870 agreed to submit to the voters an amendment to the constitution abolishing the test oath and restoring the ballot to former Confederates, Southei-n sympathizers and all other male citizens, and relieving them of other proscriptivo penalties. The slaves and their descendants had already been granted this privilege in 1867. The people were to vote on the new amendment in November, 1870. A very warm and earnest campaign preceded the vote; indeed, the Presidential yea.rs did not eclipse it. The Republican party disagreed as to what should be done to the large number of disfranchised citizens. Many hoped to postpone it. These were called Radical Re- IDublicans, but an equal number believed in a removal of all political disabilities at once. These were termed Liberal Republicans. The Radicals were led by Charles D. Drake, and maintained the extreme and iron-clad policy, and the Liberals, headed by Gratz Brown and Carl Schurz, contended for a more magnanimous policy for those who had by word or deed held complicitly with the rebellion.

The Radicals in convention at Jefferson City, nominated Joseph W. McClurg for re-election for governor. The Liberals withdrew and adopted a platform and nominated Gratz Brown for governor. The Democrats declined to nominate a ticket and supported the Liberal Republican ticket. There was a growing sentiment among the people that the war was over, that the time for iron-clad oaths was past.

Taxation without representation was growing more unpopular every day, that since negroes, who formerly were slaves, was now allowed the ballot, their masters shrould not be denied its jirivilege. That public sentiment, both within and out of the borders of the state, was making largely against the condition of affairs as tyrannical and unjust.

Owing to the test oath associated with the Drake constitution, very few Democrats ever reached the polls and therefore had little power in the direction of pu))lic affairs. As was natural, few Confederates or their sympathizers were Republicans. Their disfranchisement had embittered them against the author of their condition, and they cast lots with the Democrats, whether or not they were of that faith before the war. With the Confederates at their right hand and a split in the Republican ranks it was apparent, once the disfranchising clause was removed, the Democratic party would speedily come into power.

In Shelby county politics were humming. The old Democratic war-horses, who for so long had been a prodigal out in the cold, pricked up their ears and scrambled forward to win out. The party managers held the reins well under control. A combination ticket between the Democrats and the Liberals was arranged and shrewd politics was played to make sure the overthrow of the Radicals.

Registration In 1870 Flood Of 1876

The summer of 1876 is known in Shelby county as the "high water era." It was a cool spring and in the "good old summer time" came a remarkable rainfall that raised some of the streams of the county to their maximum height. Salt river was swollen beyond that of any past date, to even the pioneers, who remembered well the floods of 1844, 1851 and 1856. It was literally from bank to bank at many locations. At the long bridge, over the old Dickerson ford, on the Shelbina-Shelbyville road, the water skimmed over the bridge and obscured its approaches. On the northern extremity was washed a huge boulder of granite in the road. To the east side of the road was a large black oak tree with the high water mark of 1876 nailed on it.

The Agricultural, Society of Shelby County - The Shelby County Agricultural and Mechanical Association - The Shelbina Pair Association - Local Option and Temperance - Transportation Facilities - The Hannibal and St. Joe Railroad - The Building of the Shelby County Railway - The First Electric Railroad - Chief Pursuits and Surplus Products.

Shelby county deserves the distinction of being the first county in north Missouri to organize and maintain an agricultural association or county fair. This event in the history of the county took place in 18.39. In 1837 the Missouri legislature passed an act for the promotion of agriculture and the encouraging of the formation of agricultural societies. Two years later some farmers and citizens of Shelbyville held a meeting and organized the society. The records of this meeting were preserved and were kept on file in the court house. The following is a copy of the original record :

"Shelbyville, 22d February, 1839. At a meeting begun and held in the court house in the town of Shelbyville for the purpose of forming an agricultural society, Capt. S. S. Matson being called to the chair and William Moore appointed secretary pro tem. On motion, B. W. Hall stated the object of the meeting. Question being put by the president "Whether the society be formed," decided in the affirmative by 25 - no one opposing. The meeting being organized, they proceeded to the election of officers for the present year : Samuel S. Matson, president; William Vannort, secretary, and James M. Eider, treasurer. On motion, John Dunn and William Gooch be managers from Black Creek township. On motion, B. W^. Hall and Thomas B. Rookwood be managers from North Eiver township. On motion, $2.50 be the amount of each subscriber. On motion, it was agreed that there be an additional manager in each township. Eobert Duncan be appointed manager in Jackson township, Thomas J. Bounds for Black Creek and Thomas 0. Eskridge for North Eiver township.

"It was motioned and agreed that the annual meeting of this society be held on the first day of our March term 1840. It was agreed that William Moore assist B. W. Hall and Thomas J. Bounds to draft the constitution. It was moved and agreed that the subscription money be paid on the first of August. It was agreed that this society meet on the first Monday of our next Circuit court for the purpose of adopting or rejecting the l)ylaws. On motion, this meeting adjourned until first Monday in March next, 1838. "AVm. Moore, S. S. Matson,

The names of the members of this association were as follows: J. M. Eider, B. W. Hall, J. Foley, William Gooch, Montillian H. Smith, S. S. Matson, John Dunn, James Graham, 0. H. Perry, David 0. Walker, Thomas A. McAfee, 0. Dickerson, Abram Matlock, Robert Duncan, Charles Smith, Elijah I. Pollard, Thomas 0. Eskridge, Thomas B. Rookwood, William A. Davidson, William Moore, John Davis, C. B. Shepard, John W. Long, Elias Kincheloe, Lawrence Turner, James C. Hawkins, Milton Hood, Thomas J. Bounds, Robert Blackford, AVilliam H. Vannort, William S. Chinn, J. B. Marmaduke, Frederick Rook, George Anderson, John Hayes, Samuel B. Hardy, Russell W. Moss.

By-Laws Of The Shelby County Agricultural Society

Article 4. All members intending to exhibit stock shall enter the names, pedigrees and age, as near as possible, with the secretary before the exhibition commences, on or ])efore 10 o'clock of that day.

1 - Best stallion, $6; second best, certificate. 2 - Best suckling colt, $6; second best, certificate. 3 - Best three-yearold colt, $6 ; second best, certificate. 4 - Best yearling colt, $6; second best, certificate. 5 - Best bull, $6; second best, certificate. 6 - Best cow, $6 ; second best, certificate. 7- - Best boar, $6; second best, certificate. 8 - Best sow, $6 ; second best, certificate. 9 - Best four pigs (amended), $6; second best, certificate. 10 - Best six sheep, $6; second best, certificate. 11 - Best yoke of oxen, $6; second best, certificate. 12 - Best 5 acres of corn, $6; second best, certificate. 13 - Best five acres of wheat, $6 ; second best, certificate. 14 - Best five acres of timothy, $6; second best, certificate. 15 - Best yield from one bushel of ])otatoes, $6 ; second best, certificate. 16 - Best five yards of jeans, $3. 17 - Best five yards of linen, $3. 18 - Best five yards of flannel, $3.

Article 9. Each member contending for a i)remium on any of the above articles, if on live stock, to furnish his manner of breeding, rearing and fattening and all other matters calculated to throw light on the subject.

Society met according to adjournment. William Gooch, Thomas J. Bounds, Thomas 0. Eskridge, B. AV. Hale, Thomas B. Rookwood and R. P. Blackford, a majority of the managers present. The society jiroceeded to business. On motion, resolved that any person wishing to become a member shall have the opportunity of now having his name enrolled. On motion of John W. Long, resolved, that no member of this society shall be ai)])oiuted as a judge.

On motion of John W. Long, resolved, that the articles of wheat, corn, timothy and potatoes shall not be entitled to a liremium ; decided that they shall.

On motion, resolved, that the three last judges be apjwiuted to judge wheat, corn, timothy and potatoes, as follows: John Jacobs, James C. Agnew and W. J. Holliday.

On motion of R. W. Moss, resolved, that the two best pigs shall be entitled to a premium, and the article in the by-laws naming the four best is hereby repealed.

On motion, resolved, that the greatest (plant it j^ of potatoes raised from oneeighth acre of ground shall be entitled to a ]iremium, and the fifteenth article of the liy-laws is hereby repealed.

Premiiuns were awarded as follows: Best stallion. Major 0. Dickerson's "Sir Harrison"; second best, J. B. Lewis's "Bertrand." Best three-year-old colt, Nicholas Watkins; second best, John Dunn. Best mare, O. Dickerson ; second best, Dr. J. W. Long. Best yearling colt, 0. Dickerson. Best bull. Dr. J. W. Long's "Gustavus"; second best, Wil- liam McMurray. Best boar, B. "W. Hall's "Thomas H. Benton" ; second best, Bussell W. Moss 's ' ' Duff. ' ' Best sow. Dr. J. W. Long's "Queene." Best pigs, William Moore; second best, Hiram Bookwood. Best five acres of wheat (125% bu.), Hiram Kookwood. Best five yards jeans, Mrs. J. "VV. Long; second best, Mrs. Eskridge.

The association's existence was brief. Only two sessions were ever held. The awards were unsatisfactory, many came to the meetings and got drunk and fights were frequent. The best members withdrew after the 1841 exhibition.

Mechanical Association

On July 7, 1868, a second venture was made in the organization and maintenance of a fair association. On that date the Shelby County Agricultural and Mechanical Association was organized by the election of the following ofiScers: President, G. G. Muldrow; vice-president, J. C. Duncan; secretary, P. B. Dunn ; treasurer, W. B. Cotton. The directors of the association were: 0. T. Terrill, Robert J. Taylor, Samuel Darrah, T. AV. Sheetz, James Cheuoweth, J. M. Ennis, John T. Cooper, Joseph H. Foreman and "William Ridge. The grounds of the association were located one mile south of Shelbyville and were purchased of A. M. aud D. A. Brant and comprised at first forty acres, for which the association iiaid $600. The purchase was made July 18, 1868. On December 6, 1869, the association sold back the east half of tlie o-rouud to D. A. Brant for $250, leaving twenty acres as the property of the association. The first fair held on these grounds was in the fall of

1869. The jiurpose of the association, as stated by one of the officials, was "to promote agriculture and husbandry purely and simply. ' ' Premiums were offered on the agricultural products of the county, as well as on the horticultural products and domestic science, together with the products of the loom and needle. To encourage breeding and raising of better stock, liberal premiums were paid on the different classes of horses, cattle, hogs and sheep. The association prospered for many years and was the annual event of the county. The last officers of the association were: President, J. M. Collier; vice-president. Judge Joseph Hunolt; treasurer, S. Van Vaughn; secretary, L. A. Haj'ward; chief marshal, Milt Baker; ring marshals, John Ellis and Barney Moore ; field marshal, Dan McNeil ; ticket agent, Thomas Gentry; gatekeeper, James Baker. The directors were John T. Frederick, A. AV. Muldrow, J. M. Freeman, J. M. Gentry, AV. A. Hughes, AV. D. Gardner, AV. A^aughn, B. F. Fry, T. AV. Sheetz. The association held its last meeting in the fall of 1883.

The association suspended operations on the above year on account of the organization of the county association at Shelbina. The grounds at Shelbina were much larger and contained the good race course and were located on the railroad, which made them more accessible and inviting to the general public, and as the county could not maintain two associations, the Shelbyville association was discontinued.

The Shelbina Fair Association

The association was organized on March 18, 1881, and the following officers were elected : President, J. H. Fox ; vicepresident, Daniel Taylor; secretary, E. C. Dickerson; treasurer, C. H. Lasley. The tUrectors were J. M. Ennis, I. N. Bonta, C. W. Hanger, J. T. Frederick, J. H. Gooch, J. H. Ford, S. G. Parsons, J. E. Eidge and G. W. Greenwell. The association has been successful and is one of the most popular annual events in the county. Each year the exhibitions are large and interesting. The improvements on the grounds are large and equal to those of any similar association in the State. The buildings consist of two large amphitheatres, band stand and directors' office, one dining hall, several large stock pavilions and numerous barns and stalls for live stock.

The Fair Association has been a great stimulus to the live stock industry of Shelby county and today Shelby county ranks as one of the foremost counties in the State in the live stock industry. Here annually are assembled the pick of the county in all the different species of domestic animals, from the proud rooster to the hybrid animal, which is the pride of all Missouri.

Financially the fair has been a success, owing to its splendid management and the patriotism of the inhabitants of the county. The annual receipts of the association now total about $4,500. The association annually distributes in premiums about $4,000. The admission fee is 35 cents for a single admission or $1 for a season ticket. The association holds a four days' meeting each year, generally the latter part of August, and Thursday is always considered the "big day." The record on gate receipts was made Thursday, August 25, 1907, at which time $1,750 was taken in at the gates above the season ticket admission.

The present officers of the association, elected in 1910, are : President, J. Thornton Keith; vice-president, E. W. Worland; secretary, W. H. Gillespie; treasurer, Frank Dimmitt. The association is out of debt and is jilanning for some permanent improvements in the way of erection and repairing of amphitheatres, stalls for stock and new pavilions for live stock exhibits.

counties in the state to adopt local option. There has not been a saloon in the county since 1SS7. The last license granted in the county was to F. A. Dessert. The license was dated February 1, 1886. Mr. Dessert conducted a saloon in Shelbina. The county records show that C. D. Vine was granted a license on January 5, 1885. He was the next to the last man to operate a saloon according to law in Shelbina. On the same date (January 5, 1885) the records shows that a license was granted to Dale & Hogan, who were the last parties to run a saloon in Clarence. Louis Dickerson was the last i>erson to own a saloon in Shelbyville, and the last time the court granted him a license was on February 20, 1887. The first local option election held in the county was on November 5, 1887. There were only eight townships in the county then and four of these went "wet" and four went "dry" The local option, however, had a majority of 267 in the total. The townships that went for local option were as follows: Clay, for 247, against local option 30; Taylor, 101 for to 66 against; Black Creek, 258 for to 71 against ; Salt Eiver, 303 for to 236 against. The townships voting against the proposition were as follows : Tiger Fork, for local option 22, against local option 89; Jefferson, for 78, against 122; Bethel, for 87, against 124; Jackson, for 135 to 176 against. The total vote for local ojition was 1,231. The total vote against local option was 964. This was a hig victory for the "drys." There was no further agitation of the question until in 1900, at which time some of those residing in the county, who favored saloons, thought the local option question could be defeated. Accordingly the proper petitions were prepared and presented to the county court. The court called an election for June 10, 1901. At this election the vote was overwhelming in favor of local option. The figures were 1,823 against the sale of intoxicating liquors to 932. This was a "dry victory of 991 majority, nearly two to one, and the question has never been raised since. The county was, however, not so strong in favor of state-wide prohibition. At the general election held on November 8, 1910, at which time the prohibition question was submitted to the voters of the state, the county of Shelby only registered up 305 majority for state-wide ])rohibition.

During the period of twenty-three years in which Shelby county has been under local option there has, of course, been some violation of the law. The violators have been frequently punished, yet it is seemingly imiiossil)le to stop the sale altogether. The residents are

It was twenty-two years after the creation of Shelby countj' until the first railroad was built. 'What was known as the Hannibal & St. Joseph, now part of the great Burlington system, was completed across the county in 1857. The initial steps to building the road were taken in 1846 at Hannibal in the office of no less a person than that of "Mark Twain's" father, John M. Clemens, Esq. The president of the enterprise was Hon. Z. G. Draper, and R. F. Lakenan was made secretary. At first it was contemplated to run the new road through the county seats, which would have been a line connecting Palmyra, Shelbyville, Bloomington, Linneus, Chillicothe and Gallatin, then into St. Joseph. This plan was, however, defeated by the local jealousies and controversies which sprang up between the towns near the proposed line that were unfortunately not county seats. This feeling between the towns prevented the building of the road for some few years. The people along the proposed line, of course, favored it, as did also the newspapers located in these towns. The people and newspapers of the towns close to the contemplated line were active in their o]iposition to the proposed enterprise. The newspapers of St. Joseph were strongly supporting the proposition, and on November 6, 1846, the Gazette in an article favoring the building of the road said: "We suggest the projn-iety of a railroad from St. Joseph to some point on the Mississippi, either St. Louis, Hannibal or Quincy." The people of Hannibal wanted the road to start from their town, the people of St. Joseph were interested in having the road reach their town from some point on the Mississippi. It was certain that St. Josepli would be the terminus, but not so certain which town on the east would be the starting point. It was therefore up to the peoi)le of Hannibal to keep their eyes open or some other town might ca]3- ture the prize. The people of Hannibal were successful in forming an alliance with Hon. Robert M. Stewart, of St. Joseph, who was elected to the state senate and who promised to work for the procurement of a charter making Hannibal the initial and St. Joseph the terminal point. The charter for the new road was granted by the state legislature in 1847. The author of the charter was Hon. R. P. Lakenan, who was the strongest worker for the enterprise.

The principal supporters of the enterprise in the legislature were Hon. R. M. Stewart, James Craig and J. B. Gardenshire, of St. Joseph, and Carter Wells and John Taylor, of Marion.

As soon as the charter was granted .subscriptions were started along the line. Public meetings were held and all phases of the subject wei'e discussed. The largest meeting, perhaps, in point of attendance and in importance was the one held in Chillicothe, June 2, 1847. Hundreds of delegates wore present and nearly every county along the line was represented. The meeting was presided over 1iy Governor Austin King, of Ray county; the vice-presidents of the meeting were Dr. John Cravens, of Daviess

For some two or three years interest lagged and it was not until 1850 that anj^ further move of importance was undertaken. In fact, some supporters of the proposition along the line gave up and advocated the abandoning of the enterprise. In 1850, however, the lire within the breasts of the people along the line began to burn again, new directors were selected to take the place of those who had grown lukewarm. Each county was re-canvassed and subscriptions solicited. The people became enthusiastic for the enteriDrise and those who announced as candidates for congress and for the legislature were made to promise support to the cause whenever and wherever opportunity presented itself.

At the 1851 session of the Missouri state legislature, in February, the state's credit was granted to tlie erection of the road to the amount of a million and half dollars. The grant was made on the condition that the company expend a like amount in installments of $50,000. The county of Marion put up $100,000, Hannibal $50,000, and in July of 1851 Shelby county promised $25,000, conditioned that the road should run through Shelbyville and locate a depot there. The people of the county had voted in favor of the proposition at a special election held on March 10 of the same year. On motion of R. M. Stewart, who was then agent of the road, and who was afterwards governor of the state, the bonds were ordered issued ujjon condition that the county should receive stock in the enterprise to the amount of the bonds issued. The bonds were issued for

The company made the first two calls for this money in October of 1852. The calls were each for 5 per cent of the subscription, or $2,500. The iirogram was, however, changed before another call was made and the railroad in July, 1854, returned these bonds to the county cancelled, and no others were issued. This agreement was reached by the county giving the company a release from all liabilities arising out of the subscription and the road released the county from its liabilities. The county also granted the railroad the right of way across all county roads and streams. The agent for the county for the return of the bonds was Hon. John McAfee. On December 10, 1855, the legislature of the state extended its credit to the road to the extent of another million and half dollars. The new bonds were to run thirty years and bear not to exceed 7 per cent interest. The state was to hold a first mortgage upon the road for this extension of credit. The building of the road was now assured and work begam in earnest. It was planned by Duff & Co. to begin work at both ends, but work at the St. Joseph end did not begin until 1857.

The track from Hannibal to Palmyra was finished in June of 1856 and on the lOtli of that month cars were run between Hannibal and Palmyra. Work was pushed as fast as possible and soon the road reached IMonroe City, and in 1857 was completed across Shelby county. The road enters the county on the east just a quarter of a mile south of the Monroe county line. The first town it sti-ikes in the county is Hunnewell.

The track then bears north of west and leaves the county just six miles north of the entering point. The main track of the road within the county is 24 73/100 miles, and over half as much side tracks. Stations were established and are still maintained at Hunnewell, Lakenan, Shelbina, Lentner and Clarence.

The ceremony of breaking sod was pulled off in Hannibal on November 3, 1851. A large and enthusiastic crowd assembled, and many distinguished persons from different parts of the state attended. Among the number were E. M. Stewart, who turned the first spadeful of dirt, and who was afterwards governor. Also Hon. J. H. Lucas and Hon. L. M. Kennett. The speech of the day was made by Hon. J. B. Crickett, of "st. Louis. In 1851 the board of directors memorialized congress for a large grant of land to aid in the construction of the road. R. M. Stewart and R. F. Lakenan visited Washington in 1852 to secure favorable action of congress upon this all important proiwsition.

In 1852 congress passed an act giving alternate sections of land to the state of j\Iissouri in trust for the benefit of the railroad from Hannibal to St. Joseph. The state then turned the lands over to the Hannibal & St. Joe Railroad Company. This grant carried over 600,000 acres of Missouri's best lands into the hands of the railroad company and it was then a sure thing the road would be built. In 1852 a contract was made with Duff & Leamon, of New York, to build the line. The contract was to build over the "northern route" through Shelbyville in this county. On March 10, 1853, the directors met in Glasgow and decided to follow the "southern route," or the

The chief engineer in locating the line was Maj. James M. Bucklin. The northern route came uy) Black Creek to Shelbyville aud then crossed the creek and passed west to Bloomington, Macon county. The survey was made in 1851.

The county of Shelby, be it said to her honor, has never issued bonds to build a railroad except as previously stated. The road was secured without a burdensome bond issue aud outside of a few private subscriptions and the right of way grauts the road cost the county positively not a cent.

It is quite probable, as has been often asserted, that the Hannibal & St. Joseph could have been made to run on the "northern route" if the people and the authorities along the line had been a little more liberal in the matter of subscriptions. That route was more expensive than the "southern route" - much more so. The citizens and the county courts were asked to make up the difference, according to the estimates of the engineers. They uniformly refused, in some instances, for the reason, avowing that they "didn't want any railroad running through their neighborhood, scaring the stock and killing men, women and children, besides setting the woods and fields afire." In other cases, as in Linn county, prominent men objected to the building of the road because it would furnish superior facilities for the slaves to run off and escape.

"Certain citizens of this county made desperate efforts to have the road located through Shelbyville, but they could not induce enough of their friends to join them. Too many were indifferent, many thought the road would come anyhow, and those who worked so hard gave up in despair. So Shelbyville was 'left out in the cold,' and Shelbina was created to become the leading town of the county." (History Shelby County of 1884.)

The Hannibal & St. Joseph Railroad was completed in 1859. The first through passenger train came out of St. Jose})h February 13, 1859. The engineer's name was E. Slep]iy. Ben Colt was conductor. George Thompson was the first engineer to pull a train into St. Joseph. The construction work was completed l)y J. M. Ford aud others instead of the first contractors, John Duff &Co.

Over six hundred guests sat at a banquet in St. Joseph on February 22, 1859, to celebrate the completion of the great enterprise. "The mingling the waters of the Atlantic, the Lakes, the Mississlp]ii and the Missouri" was performed by Mayor Broaddus Thompson. There was great enthusiasm and joy displayed over the completion of the first road to cross the state of Missouri.

The great Burlington system, as it is now known, has done much to develo]i the northern part of Missouri, and especially Shelby county. The county is now one of the largest exporting counties of live stock, poultry and grain, and depends entirely upon this system for transportation facilities. The road at first charged 5 cents per mile and sometimes more for passenger traffic, and has always enjoyed a liberal patronage and is considered one of the best and safest lines to travel over in the west, or in the United States. The passenger ac- eommodations are also of the very best. There are ten passenger trains daily, besides two local freight trains that carry j^assengers, and the whistle of the freight train bearing the great loads of grain and live stock from the west to the east, and the products of the shop and factory from the east to the west is almost constantly upon the breezes of the north ^lissouri jirairies through which the road runs.

A person can now take a train at any railroad point in the countj^ at nearlj* any time of day, and land in Kansas City in less than five hours, and the trip to St. Louis, about 180 miles from the farthest point in the county, is made in about the same space of time. Hannilial and <,}nincy are reached in about two hours from the farthest point in the county. The road now charges 2i/o cents per mile for passenger travel and furnishes the best equipment and most comfortal)le accommodations.

It is with much reluctance that I have undertaken the task of writing the history of the Shelby County Railway. Having been more or less intimately associated with the enterprise from its inception to the present time, the ])romptings of modesty .suggested that it could be more ])ro]>er]y written by the pen of another. However, at the request of the compiler of this volume, who it seems, could not induce anyone else to contribute it, T will endeavor to furnish an impartial sketch of this important achievement.

It is not easy to determine with precision just what act or what influence was the determining factor in the building of this limited but important traffic line; neither is it a .small task to ascertain just at what hour it was made sure of completion. Indeed, to those upon whose shoulders rested the burden of its building there seemed no relief from the responsibility until after months of successful operation it was sold to the present owners, who are the successors of the original shareholders of the corporation. Nevertheless, it is safe to assert that conditions and circumstances made necessaiy and possible the building of this railway. As necessity is the mother of invention, so is it the parent of opportunity.

The increasing freight and passenger traffic between Shelbyville and the adjacent territory and Shelbina could not be properly served by the primitive methods of transportation, and the bad conditions of the dirt roads was a serious handicap to the develo])nient of Shelby county and also a fearful inconvenience to the citizens.

It was also appai'ent to persons of ordinary vision that sooner or later the vast rich territory lying between the Wabash railroad on the west and the Mississippi river on the east, would be traversed by a railway line rimning north and south and that any portion of this line so occupied would some day constitute a part of a great traffic line. And the time is drawing near when this will be accomplished either by the extension of the Shelby County Railway or by its absor]ition into a larger system which will serve the splendid region which is still largely unoccupied.

Of course local couditions made such au enterprise to be exceediugly desired. Shelbyville was a county seat and the center of a fine farming region. It was a town whose citizenship represented a great deal of wealth and enterprise. To such people the isolation was growing intolerable. Situated eight miles from Shelbina, which was the nearest point on the Burlington railroad, they felt that they were enegaged in an unequal striiggle.

On the other hand, the general public were clamoring for better conditions. Year by year the public road between these two towns was getting in worse condition, and there was slight hope of improvement with the tremendous traffic upon it. Shelbina was favorably situated ni)on a great railway system, yet its people were connected in interest with the country to the north, and many of its progressive citizens desired a better method of transportation ; hence the time had come wheu such a proposition would meet a general response in its favor.

Doubtless the time would have come much sooner had it not been for the local prejudices which from time immemorial had dominated a part of the inhabitants of each town. It is historical that many in Shelbyville had watched the growth of their sister city with a jealous fear that some day the county seat would be moved from one town to the other, and that Shelbyville with its classic past would be left throneless and desolate amid her sorrows. And there were times when such plans were seriously attempted, and on one occasion the matter was before the Missouri legislature in the shape of a bill to establish a court of common pleas at Shelbina. There was a battle royal at Jefferson City between the representatives of the two towns, but it ended happily without scars. It is likewise true that this jealousy caused intemperate and unwise action on the jjart of some of the Shelbyville citizens. The feasibility of a railway between the two towns was often under consideration and was favored by many, but there was always a minority and sometimes a majority who favored building to some other point than Shellnna. How unwise and impracticable this was can be readily discerned now. The details of this family quarrel are not absolutely necessary in this narrative, but it will serve to show that there is a more excellent way for communities as well as individuals than the thorny path of jealousy and strife. It is easy to contemplate it now that it is ended. In fact, it had ended long prior to the completion of this enterprise. Each community had learned that the other was magnanimous, and that the best interests of each was involved in the common welfare of all. The forging of the bands of steel was the result of this common understanding, as it would have been impossible for either town to have completed this enterprise without the aid of the other.

Perhaps the first tangible step toward the building of this railway was taken during the month of July, 1906, when at the suggestion of Joseph F. Doyle, always the dominant figure in this project, there was i^repared a form of subscription whereby the persons signing same agreed to take a certain number of shares of stock in the event that a corporation should be formed for the purpose of building this railway within a specified time. There was also a form prepared to he signed by persons who l)referred to make a contribution in cash rather than to subscribe for stock. At the time when these were prepared there were present in addition to Mr. Doyle, Mr. E. M. O'Bryen and the writer, and all three signed the agreement to take stock in the enterprise, the amounts s])ecified by the three aggregating the sum of $5,000.

AVith this as a beginning the work of securing prospective stockholders and cash conti-ilnitors was pushed with much vigor. Under the direction of Mr. Doyle at Shelbyville and Mr. W. C. Clark at Shelbina the scheme was brought into shape so that by September 1st of the same year a little more than $100,000 was subscribed by ]iarties interested. And while the major part of the work in the earlier stages was done by Messrs. Doyle and Clark, the progress of the matter was facilitated by the interest and response of many jmblic-spirited citizens in both towns and also by several progressive farmers in the vicinities of Shelbyville and Bethel. One of these, M. S. Smith, was a member of the board of directors from the time of the charter until the sale of the property to Tjouis B. Houck, as hereafter narrated, and was unfailing in his devotion and loyalty. Another was "William H. McMastei-, who died soon after the completion of the road, satisfied that he had contributed something toward the betterment of the ])eo])le among whom ho had spent an honorable life.

"When success was thus assured the matter was brought into regular and legal shajie at a meeting of the agreed stockholders held in the courthouse at

Shelbyville on September 10, 1906, when the articles of incorporation were signed and a permanent organization efl'eeted. Soon thereafter the Shelby County Railway Company was chartered by the secretary of state and begun its career among the railway corporations of Missouri. AV. C. Clark, W. C. Blackburn, A'ictor M. Reid, M. S. Smith, Joseph F. Doyle, E. AI. O'Bryen, L. G. Schofield, A\'. W. ]\litchell and the writer constituted the first board of directors and at the first meeting of this body, held on September 12, 1906, "W. C. Blackburn was chosen as president. M. S. Smith was elected vice-president, L. G. Schofield secretary and treasurer, and \^ictor M. Reid assistant secretary.

On November 5th following the organization of the board of directors, the condemnation proceedings by which the right of way was acquired was instituted in the Circuit court, and on November 29th the petition then on file was presented to Judge Nat. M. Shelton at Macon, Mo., when Judge John Byrimi, of Lentner, Ed. C. Shain, of Clarence, and R. D. Goodwin, of Emdeu, were aj)- pointed as commissioners to assess the damage sustained by the various parties over whose land the railway had been located, and with whom no settlement had been effected. It is just to say that several ])arties whose land was thus taken either donated it or agreed to receive such compensation as the company had offei'ed to pay.

The actual construction of the road began at once and was prosecuted throughout the year 1907. In the earlier stages of this venture the skies were bright and many projihesied that it would be comjilete by midsummer, but as obstacles were encountered one after another, the difficulties of railway building became apparent. AVith the gloomy skies of autumn many prophets of disaster came upon the scene and it was freely predicted that the scheme would fail entirely.

It was at this point, however, tliat the constructive ability of some of the sponsors of this project was made known. There were those among its iiromoters who proved themselves able to cope with difficulties and to bring success out of wliat seemed like certain defeat. It is not the purpose of this narrative to make comparisons or to celebrate the prowess of any of these. There are none, however, but that will accord to Joseph F. Doyle a proper share of credit for his courageous and efficient work in the completion of this undertaking. Having sold his newspaper interests at Shelbyville, he was requested by the officers and others interested to assist in the work of completion, so that the road would be in operation by December 30, 1907. It was necessary that this result he had, as several thousand dollars had been pledged in bonus subscriptions and all these were made payable in the event that the road be constructed and in operation by this date. Owing to unforeseen difficulties the work had lagged during the summer so that in the early autumn it was seen that it would require unusual effort to coni])lete it in the time desired. But the hel]) of ^Ir. Doyle was secured at the critical moment and he proved conclusively that opportunity and necessity are large factors in the development of men. His energy and executive ability ]n'oduced mai'vellous results. He with President Blackburn were unremitting in pushing matters and they were aided by public-spirited men who admired the pluck and constancy of those in charge, so that after many trials and privations the last spike was driven, and on December 28, 1907, the first passenger train steamed from Shelbina to Shelbyville, and the Shelby County Eailway took its place among the common carriers of the state.

Since that time a majority of the original stockholders have sold their shares to Louis B. Houck, of Cape Girardeau, and it is now being successfully operated by the corporation, in which he holds a controlling interest. It is to be hoped that it will soon form a part of a north and south railwaj^, which is needed by this section of the state.

It is worthy of note that Charles B. Ford, who was chosen as conductor and traffic manager at the beginning, is still in the same position, where he has earned a reputation for efficiency and integrity that is much to his credit. William C. Blackburn, the faithful and conscientious l^resident of the company, perhaps contributed more than he intended in vital energy. His death has occurred since the completion of the road and the anxiety incident to such an undertakingdoubtless impaired his 'Strength and hastened the time of his departure. Some day he with the others who bore the weight and strain of this achievement will receive the candid approval of those who appreciate the efforts of men who dared to solve the problems of our complex civilization. A great thinker has said that he who causes two blades of grass to grow where only one formerly grew is a benefactor to his race. Grasping the idea behind this sentence and applying it to the work of those who improve the conditions of humanity by the hibor of hands or brain, it is just to say that their works shall follow them and that they shall receive the reward of men who tried.

For many months the people of northeast Missouri have been familiar with an intei'esting- drawing which has been posted extensively in ])ub]ie places. This drawing, the work of J. E. Sayler, a school teacher of Macon county, gives a "birdseye" view of the district, showingall the principal towns and railroads and particularly The Hannibal & North Missouri Railroad, which is duly chartered and at this writing is in course of construction l)etweeu Palmyra, in Marion county, and La Plata, in Macon county. This road will touch some of the finest farming and grazing land in Missouri, and serve a large scope of country now remote from any railroad.

There is an interesting historical feature in connection with this noteworthy enterprise. William Muldrow, one of the early citizens of north Missouri, is said to be the character from which "Mark Twain" conceived his "Colonel Sellers," who stalks so triumphantly through the pages of ' ' The Gilded Age. ' ' Those who have read the l)ook in the long ago will recall the always optimistic and farreaching Colonel Sellers, although they may have forgotten all else between its covers.

Not only did "Mark Twain" find in Major ^luldrow rich material for his noted book, but Charles Dickens uses him as "General Scodder," the smoothtongued sponsor for "Eden," in "Martin Clmzzlewitt."

Muldrow was the pioneer land boomer and promoter of this section. His only misfortune was that he was about half a centurj' ahead of his time. Now his great dreams have and are working out. He it was who saw the virgin possibilities of a great transcontinental railroad system, linking the two oceans, and it is said his Missouri survey was along the identical lines now under construction by the Interurban people. To Muldrow belongs the credit of having invented a plow that was so satisfactory as a prairie breaker that it was generally adopted by the earlj" day farmers who had to go against the then stubborn prairie soil of northern Missouri. This plow, when drawn by several yoke of oxen, would turn up an immense amount of sod. It left a broad, clean furrow that could be distinguished for a long ways. Many of the Missouri patriarchs tell it as a solemn fact that Muldrow drove a plow of this character along the trail of his proposed railroad from Palmyra through "Philadelphia," "New York" and westward, and they insist that it wa& as practical a "survey" as could have been made by a corpse of skilled engineers with a wagon load of instrimients.

"Marion City," Muldrow 's future great town on the Mississippi, was six miles east of Palmyra. He succeeded in interesting a number of wealthy capitalists, and the place built rapidly. It was there Charles Dickens found his scene for "Eden," doubtless giving it that name because of the wonderfully fascinating advertising liy IMuldrow and his fellow townsite boomers. The original name of the place was "Green's Land- ing." Muldrow evinced good judgment in the change of name, and but for the disastrous flood that swept it away Marion City might have been today the town of Marion countj'.

Following ]\Iarion City came "Philadelphia," in Marion county, and "New York," in Shelby, names chosen with an eye to the future possibilities. Marion College was established at "Philadellihia" and it became quite a thriving ]jlace.

Muldrow was called a dreamer, a visionary, a man of impractical ideas, but liistory has shown that his energy was in the right direction. His dreams are working out. The state is tilled with fine schools and colleges; factories are springing up and railroads invading all sections. The Interurban will work out his most important dream, and prove that he was traveling on the solid ground of expediency when he as " Colonel Sellers" was illustrating to his wife Polly the way the road would run, using combs, inkstands, salt cellars and other homely articles of household necessity to fix the towns in her mind.

The North Missouri Interurban will be a monument to the enterprising farmers and business men throughout the territory it will serve. Henry Funk, who operates the Farm of the Big Meadows on Salt river, and some men of his kind, saw the urgent need of a first-class railroad for the producer between the Burlington's main line and the Quincy, Omaha & Kansas City Eailroad. The original purpose was to acquire the short line between Shelbina and Shelby vi He and to extend it to Leonard or Cherry Box, and further. After investigation it was found that ])Ian was not feasible.

In the meantime a campaign of education had been going on; farmers were interestedly discussing the matter; all wanted a railroad ; had to have one. The question was how? Mr. Funk, who had met a number of similar situations in states east of Missouri, took the stump and began his campaign of education. His plan now was to construct a line from the Mississippi river to some important point in the interior of the state. It was while talking with the farmers and old citizens about Palmyra and east of there he learned of Promoter Muldrow's railroad scheme. Investigation convinced him the "survey" was a good one; that it struck a country literally flowing with the good things of earth, and many places admirably adapted for the establishment of thrifty towns. So he rolled up his sleeves and went out among the people, just as he had done in other states where they needed a quick and sure means of transportation for passengers, produce and live stock. He inaugurated a campaigii like Governor Bob Stewart did over fifty years ago when the question of building the Hannibal & St. Joe road was up. There was opposition to Mr. Funk's enterprise, just as there was to Bob Stewart's. But the organizer of the Interurban was persistent. He didn't know what it meant to be discouraged. Of course it was a big undertaking. A large ninnlier of peoi^le over a wide area had to be met, and talked into friendliness for his plan. "While all wanted a railroad they were not all agreed as to how to get it. It was ]\rr. Funk's mission to unite them on a method - to enthuse them for the l)lau. Some thought at first he had political asjiirations; that there was some- thing behind his persistent talk of railroad, railroad, always railroad. By and by they became convinced that he wasn't going to give - that a road was going to be built. Here and there whole communities fell in line, eager to help along the work. There was a showing made that satisfied the people a road would be built, that it would tap virgin soil for operation and become a paying enterprise from the start.

When the plan began to assume shape Mr. Funk was assisted by Captain F. W. Latimer, an experienced promoter of Illinois. The two men have been constantly over the district, working unceasingly. The company received absolutely free right-of-way and yard sites in many places. Where discouraging conditions first existed, the glad hand is now extended. Some twenty organizations were formed and a generous sum of money has been subscribed. The amount was attractive enough to induce the large M. C. Connors & Co. Construction Company, of Chicago, to close a contract for grading from Palmyra to Philadelphia, fourteen miles. Other blocks of contracts have been let as far as Bethel, and at this writing over half of the yardage work is completed between Palmyra and the last named town. Ties have been bought and scattered along the track ; steel rails have been contracted, and work is being ])ushed just as hard as weather conditions will permit.

The name of Hannibal appears in the charter, but it is not at all certain the road will go there. The support promised by that town did not materialize as strongly as was hoped. RecpU'sts have been made that there be no further effort to dispose of stock .there. As this is being written word comes from Quincy that the business men there are showing considerable interest in the enterprise, and that they will make a strong effort to have the line run there direct from Palmyra. The plan includes the large and thriving city of Kii-ksville as the western terminal. "With these two prosl^erous and growing cities as starting points, and a rich agricultural and stock raising coimtry to traverse, the Interurban will begin life under most auspicious circumstances.

The road will be of standard gauge and operate regular freight and passenger trains. Electricity will be the motive power. Trains will be run for the accommodation of the people. That means they will make frequent stops, and there will be several trains daily each way.

The men in charge of the road have recently submitted a report to the Commercial Association of Palmyra. This shows the amount of money paid out in gross on construction, and the sum paid by the citizens of Palmyra, Philadelphia and Bethel :