USA > Missouri > A History of Northeast Missouri, Volume I > Part 27
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took to be unusually careful and made an agreement with his client, before going to trial at the January term, 1877, that Branstetter should give a note for the fee secured by a chattel mortgage on the growing crop of the coming year, to be grown on a farm which Branstetter had rented. Forrest's dismay may be imagined when the jury returned a verdict for murder in the second degree and fixed the punishment at eighty-three years confinement in the penitentiary. Branstetter was about thirty years of age and the court in the exercise of its mercy reduced the verdict to sixty years.
The father of Branstetter was in the court room when the announce- ment of the verdict was made and he, completely overcome, sank to the floor bewailing aloud his son's misfortune and the family disgrace. Amid much excitement of the spectators, Judge Forrest, with a voice heard above everything, exclaimed-"Father Branstetter, be not over- come nor discouraged at this verdict, this is just the entering wedge, the law suit has just begun."
Branstetter failing to get a new trial, appealed the case to the supreme court, the decision of which is reported in the 65th Missouri Report. That court ordered a new trial and a change of venue was granted to another county, where the case finally resulted in the dis- charge of the prisoner.
In 1878, J. McD. Trimble was elected prosecuting attorney of the county. He served two terms and during that time prosecuted eleven defendants for murder. One of them was the case of State against Stephen J. Moore, for killing his brother-in-law, Albert Gentry, on the 15th of June, 1878. He was convicted of murder in the first degree, the court granted a new trial and a change of venue was granted to Pike county, the case going into the hands of new prosecutors, for at that time the law did not require a prosecuting attorney to follow cases out of his county. Moore was acquitted.
Among the other criminal cases during Trimble's term, was that of Walker Kilgore, charged with the murder of S. D. Willingham. Kilgore was ably defended. He was convicted of murder in the first degree and was executed by Sheriff Harrison Glasscock, March 6, 1880.
Another important case was that of State of Missouri against Joe Hicks, Nathan Faucett, Jake Muldrow, all three colored, and Emma Prilly, white, for the murder of Octive Inlow, on the 30th of September, 1879. In a joint trial, April, 1880, Hicks was found not guilty, Muldrow and Faucett guilty of murder in the first degree and the jury failed to agree as to the woman. The two defendants convicted were duly exe- cuted. After the trial, on a promise to leave town, never to return, Emma Prilly was discharged. Shortly after this she returned to Mexico, voluntarily entered a plea of guilty of murder in the second degree and served twelve years in the penitentiary.
Another case creating a great deal of excitement in the county was that against William and Leslie Hartley, charged with the murder of Mastin Wiley, in January, 1879. They were both convicted of murder in the second degree, Leslie Hartley getting a sentence of ten years and William Hartley for sixty years. There were some extenuating cir- cumstances in the case of Leslie Hartley and after two or three years confinement, he was pardoned by the governor and returned to Mexico and made a good useful citizen, until his death a few years ago. William Hartley served for a good long time and was finally pardoned.
The only legal executions ever taking place in the county are those above referred to. There never was a lynching within the county and the foregoing murder cases are not all, but are the notable ones within the county. Taking the county as a whole, from its early history down
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to the present time, it may be said to be of more than above the average as to the law abiding character of its inhabitants .
COUNTY OFFICERS
The names of judges who have served in the Audrain county circuit court from date of organization, 1837, to the present time, are as follows : P. H. McBride, afterward supreme judge, Boone county, March 13, 1837, to March 31, 1841; John D. Leland, afterward supreme judge, Howard county, March 31, 1841 to October 25, 1848; William A. Hall, Randolph county, October 25, 1848, to April 30, 1856; John T. Redd, Monroe county, April 30, 1856, to April 28, 1862; Gilchrist Porter, Pike county, April 28, 1862, to October 17, 1862; John I. Campbell, Marion county, October 17, 1865, to April 16, 1866; William P. Harrison, Marion county, April 16, 1866, to March 4, 1872; Gilchrist Porter, Pike county, March 4, 1872, to January 24, 1881; Elijah Robinson, Pike county, January 24, 1881, to January 1, 1887; Elliott M. Hughes, Montgomery county, January 1, 1887, to July 1, 1903; Robert D. Rodgers, Audrain county, vice Hughes, deceased, July 7, 1903, to August 19, 1903, ap- pointed by Governor Dockery; Houston W. Johnson, Montgomery county, vice Rodgers, resigned, August 19, 1903, to January 16, 1905, appointed by Governor Dockery; James D. Barnett, Montgomery county, present incumbent, since January 16, 1905.
Joel Haynes was the first circuit clerk of the county and some of those holding that office subsequently, were John B. Morris, John P. Clark, Silas Wilson, James Carroll, Ben C. Johnson, three terms, John J. Steele, P. M. Morris, and Captain James C. Buckner.
In 1872 the legislature passed an act giving to Audrain county a probate court, thereby transferring to that court all probate business from the county court.
June 1, 1872, George B. Macfarlane was by Governor Brown ap- pointed judge, and at the November election the same year, he was elected and held office until the 15th of January 1875, when he resigned and Samuel M. Edwards was by Governor Hardin appointed his succes- sor. This office he held by election until January 1, 1903, when he voluntarily retired and William W. Botts, the present incumbent became his successor.
In 1840 James Harrison was the Whig candidate and James Jackson the Democratic candidate for the legislature. Harrison obtained the certificate of election but his seat was successfully contested by Jackson. Abraham B. Tinsley was at that election chosen sheriff. In 1842, James Harrison, the Whig candidate defeated James Jackson, for the legis- lature. John B. Morris was elected clerk of both the circuit and county courts. In 1844, Robert Calhoun, Whig, defeated Richard R. Lee, Demo- crat, for the legislature. In 1846, Abraham B. Tinsley, Democrat, was elected to the legislature over James Harrison, Whig. In 1850, Bazel Offutt. Whig, defeated Tinsley, Democrat, for the legislature. In 1854, John R. Crosswhite, Democrat, was elected to the legislature, over Thomas J. Hardin, Whig. In 1856, Thomas J. Hardin, Native American candi- date, defeated A. B. Tinsley, Democrat, by one majority. Tinsley contested the seat and Hardin resigned. In an election to fill the vacancy, Hardin beat Tinsley two votes. Prior to the Civil war, the parties were about equally divided in the county, sometimes the Whigs, sometimes the Democrats were successful. In 1858, Mortimer McIlhany defeated A. B. Tinsley, Democrat, for the legislature. McIlhany was again elected in 1860. In both races he ran against a regular Democrat.
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MeIlhany attended the legislature, voted for secession, was also at the Neosho special sitting of the legislature called by Governor Jackson and there voted for secession. Charles H. Hardin, who was the senator from the senatorial district in which Audrain was situated, attended the last named sitting of the legislature and voted against secession. McIl- hany was sent as a representative of Missouri to the Confederate congress.
In the county election of 1860, John B. Morris, W. D. Sumner and John P. Clark were elected judges of the county court, Alexander Carter, sheriff, and M. Y. Duncan, county clerk. W. D. Sumner, the sheriff and the county clerk were ousted under the test oath. B. P. Ritchie was appointed the successor of Sumner. George O. Yeiser, a lawyer and deputy provost-marshal, was appointed in place of Duncan, John W. Gamble, sheriff in place of Carter.
THE BAR
The business of the courts was carried on by the non-resident attor- neys, following the circuit, as was the fashion then until 1851, when Samuel A. Craddock from Kentucky, established an office in Mexico. He was followed by Samuel M. Edwards from Virginia, M. Y. Duncan, formerly from Callaway county, and Charles C. Ricketts from Virginia. Then in the later 50's by John M. Gordon from Boone county, Mortimer Mellhany and John T. Brooks from Kentucky. During the Civil war and for some years thereafter the bar was made up of the following additional attorneys-John D. and George B. Macfarlane, brothers, L. M. Conklin, H. W. Smart, George O. Yeiser, Charles H. Hardin, 1861; Milton F. Simmons, Ira Hall, Thomas H. Musick, Henry C. Daniel and J. E. Hutton. William J. Howell and Theodore Brace of Paris, after the Civil war carried professional cards in The Weekly Missouri Ledger. Charles H. Hardin carried a card in which he appended to his name- "Under the constitution of the United States." All of the local law- yers of that period, outside of George B. Macfarlane and Hardin engaged as well in insurance and real estate business. Conklin was also an agent for a nursery. Hardin spent a part of his time improving a farm north of Mexico.
Then came William H. Kennan, William O. Forrest, Daniel H. MeIntyre, J. McD. Trimble, Colby T. Quisenberry and W. B. McIntire, then later C. G. and J. W. Daniel and L. C. Sweaver, then in 1876, W. W. Fry, Orlando Hitt, T. B. Buckner, George Robertson, David T. Gentry and J. G. Trimble. It was not until Forrest, Kennan, McIn- tyre, Geo. B. Macfarlane and Trimble had established practices that the foreign attorneys disappeared in charge of the main litigation of the courts of the county.
D. H. McIntyre held the office of prosecuting attorney, state senator, was twice a member of the house of representatives from the county and in 1880 was elected attorney general.
William H. Kennan represented the county one term in the legis- lature, was a successful financier and retired from the practice several years before his death.
John M. Gordon was three times prosecuting attorney of the county, was a fair lawyer of his time, died very poor and left no family.
Geo. B. Macfarlane became supreme judge in 1891 and held the office until his death, February 12, 1898.
M. Y. Duncan never aimed to devote his entire time to the practice. He was more or less of a publicist, and became reasonably well off for his time.
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Ricketts was a bachelor, never engaged actively in the trial of cases but associated himself with William J. Howell of Paris in that regard. He acquired considerable real estate before his death.
John D. Macfarlane died about 1870.
Craddock succeeded fairly well in local practice, and like the other Mexico lawyers of that time, dealt more or less in real estate. He raised a family of two sons and three daughters and was especially devoted to the care and education of his daughters.
Edwards for a great many years presided as probate judge as before stated and his widow resides in Mexico.
Hardin after the Civil war was again elected state senator, was elected governor in 1874, never attempted to return to the practice after that, but spent the remainder of his life as president of the Mexico Southern bank and supporting Hardin College of which he was the founder.
McIlhany after the Civil war served two terms in the legislature in one of which he was speaker of the house. After that he retired from the practice, engaged in trading in real estate and about 1880 removed to the state of Texas where he died some years ago.
Conklin, Smart and Yeiser flourished more or less out of the condi- tions arising during and after the Civil war, and in the later 60's all left here.
Simmons turned his attention to the newspaper business and after- wards removed westward and engaged in the real estate business.
Hall along in the 80's removed from Mexico to Los Angeles, Califor- nia, and there it is said became quite successful as a practitioner.
About the same time of Hall's leaving Mexico, Musick removed to Hartville, Wright county, there engaged in the practice and died there a few years ago.
L. C. Sweaver was a conveyancer and was the first to engage in mak- ing complete abstracts of title. He left Mexico about 1880.
Brooks with his profession of law, was also a minister of the Chris- tian church and the editor for a number of years of the Missouri Ledger. He died about 1877.
Forrest died at his home in Mexico, March 7, 1890. In a resolution adopted by the bar of the county at his death, it said of him in part : "He was a lawyer of great ability and learning; earnest and eloquent in behalf of the interests of his clients; genial, courteous, true and accommodating to his brother lawyers and kind and generous to a fault in social relations."
Henry C. Daniel, about 1870, removed to Cass county where he engaged in the practice.
C. G. Daniel removed to Vandalia, where he became interested in financial matters and for a great number of years has given his attention to banking in which he has been very successful.
J. W. Daniel has for a number of years been engaged in a success- ful insurance and real estate business at the latter place.
Buckner held the office of prosecuting attorney, in his second term resigned and removed to Kansas City where he has since been engaged in the practice.
Robertson was his successor by appointment of Governor Marmaduke and has since been engaged in the practice at Mexico.
Hitt removed to Colorado in 1887, where he served as prosecuting attorney of Los Animas county and acquired considerable distinction as a lawyer. He returned to Audrain county in 1896, again engaged in the practice of law at Mexico and died in November, 1908.
Trimble removed to Kansas City in 1887, and there has been engaged
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in the practice ever since. He acquired a reputation of being one of the ablest lawyers in the West and after removing to Kansas City soon took rank at the head of the bar in that city.
Fry is still engaged in the practice at Mexico. In addition to his successes as a lawyer he has acquired considerable property and for a number of years has been president of the Mexico Savings bank.
W. B. McIntire was quite successful in trading in real estate and never aimed to devote his time wholly to the practice. He has a son in Mexico in business and his widow lives in St. Louis.
Quisenberry came to the county from Kentucky in 1866, a very wealthy farmer. He engaged in farming and stock raising here for a number of years, was a candidate for state auditor on the Granger's ticket which opposed the Democrats in 1874. Being defeated and losing his property, he turned his attention to the law but never with any considerable success. About 1880, he removed to Trinidad, Colorado, where he died about 1890. He was a man of fine personal character.
J. E. Hutton after some effort at practice, turned his attention to newspaper work. He became the editor and proprietor of the Intelli- gencer. In 1884, he was elected to congress and served two terms. He died soon after retiring from congress. His widow resides in Mexico.
Gentry after engaging in practice for a few years took up life insur- ance as a business. J. G. Trimble was twice prosecuting attorney. He now practices law in Kansas City.
As to the present bar, the writer will leave it to the future historian, but will add by way of comment that taking it as a whole, they are maintaining the high standard set them by their predecessors. The real estate and insurance business is no longer followed in connection with the duties of the regular profession.
PHYSICIANS
The first doctors practicing in Audrain county were Mathew Walton and G. W. Penny. When the county seat was located, they were at or near Mexico. Soon after Mexico was laid off, Dr. Edward Ratliff, a native of Maine, and a graduate of Bowdoin College of that state, located on a farm three or four miles northeast of Mexico and engaged in practice. He afterwards removed to Mexico and from there to Santa Fe, Missouri, where he continued to practice for many years. About the same time came Dr. W. H. Lee, afterward county judge.
In 1854, Dr. R. W. Bourn came to Mexico from Kentucky and at that time found Drs. Lazarus N. Hunter, Nathaniel Allison and W. H. Lee located there. Later came Chas. H. Hughes, then S. N. Russell, a native of Maine also, a graduate of Bowdoin College. About the time Russell located here, were Drs. T. P. Rothwell, Wesley Humphrey, C. B. Fetter, J. W. Lanius, John S. Potts, and R. Arnold, the first homeo- path.
Located in the county on Littleby was Dr. Joshua H. Crawford, Edward Duncan on Long Branch, who practiced in northern Audrain and southern Monroe. In 1875 from Concord also came Dr. Wm. W. Macfarlane. Soon after that Dr. W. R. Rodes from Santa Fe, who while living here was made superintendent of the Fulton Insane Asylum. Then came Dr. T. J. Baskett, from Callaway county.
In 1872, there was organized an Audrain county Medical Society, and the following made up the officers and the membership: W. H. Lee, president; J. H. Crawford, vice-president; A. M. Vandeventer, treasurer; Wm. W. Macfarlane, secretary. The members were-John Bryan, on Young's creek ; J. W. Lanius, C. B. Fetter, T. P. Rothwell, S.
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N. Russell, Wesley Humphrey. By 1884 the membership was made up of the following additional doctors-W. L. Reed, S. M. Dodson, Pickney French, F. M. Moore, W. R. Rodes, T. J. Baskett, W. V. Walker, Thos. S. Murdock, A. M. Patterson, R. W. Bourn, N. Allison, W. R. Blanken- ship, W. H. Vandeventer, Samuel Welch, J. H. Terrill, J. B. Scholl, M. M. Scott, M. E. Crawford, J. J. Halley, John McDermon.
All of the above named are now dead with the exception of Drs. Rodes, still practicing in Mexico, Macfarlane located at Auxvasse, R. W. Bourn, living in Mexico, but long since retired from practice. Blankenship removed, M. E. Crawford, removed, M. M. Scott, removed, J. B. Scholl, removed to Eureka Springs, Halley, in Fort Collins, Colo- rado, Hughes, located in St. Louis, a prominent alienist there and Pink- .ney French, in St. Louis.
It is not the purpose of this sketch to give the later-day members of the medical profession of the county. But one will be mentioned, Dr. Edwin $. Cave, who began practice in Mexico in 1884 and after attaining prominence in his profession, died at Mexico, July 10, 1910.
Of these named a number enjoyed more than a local practice, and gained considerable distinction in the profession, notably Russell. Hughes, Bryan, French, Rodes and Macfarlane.
PIONEER TIMES
The early settlers of Audrain county were principally from Ken- tucky, Virginia, Tennessee and North Carolina. The first settlements were made in the timber and on the water courses. The dwellings were always small cabins in the timber on account of convenience for build- ing material and fuel and near the water courses on account of water. Game was abundant. They devoted themselves mainly to hunting, trapping and fishing. This was not done merely as a pastime or a pleasure but of necessity. By common consent of the settlers, the skins of the fur-bearing animals were a legal tender. The first houses were built on Beaver Dam, Salt river, Loutre, Cuivre, Young's creek and Littleby. They aimed to group themselves together as much as pos- sible in neighborhoods, but owing to the distance of the streams apart, these settlements were far apart and separated by broad prairies. Nat- urally these early settlers took to the timber along the streams because they had all come from states where there were no prairies.
For the first ten years after the creation of the county by the leg- islature in 1830, the early settlers so far as is ascertainable, and in addition to those named in this sketch as taking a part in the first organization of the county, and the town of Mexico, and settling in the county, are as follows: Franklin Armstead, 1833; John Bybee, 1833; Thos. Bradley, a soldier of the War of 1812, 1838; Neil Blue, also a soldier of 1812, 1831; Richard Brynes, 1832; Edward Beatty, 1837; John and Thomas Barnett, 1831; Joseph Crockett, 1840; Robert Calhoun, 1840; William M. Clark, 1839; Peter and Silas Cawthorn, 1835; Carter and James Cauthorn, 1835; John Charlton, 1830; Wil- liam Cardwell, 1837; Thomas Crouch, 183 -. He settled on Cuivre. Nimrod, Reuben, John and Frank Canterberry settled on Littleby in 1836; Hezekiah J. M. Doan, on Salt river, 1831; Edward H. Douglass, 1837; Calvin M. McCarty, 1838; Carter and John G. Dingle, 1839; John Wilson, 1834. He settled on Young's creek near where the Paris road crosses that stream and was the father-in-law of James Berry, John Vance and John Price soon after coming into the county. David Eubank, 1837; Elias Eller, 1838; Edward Faucett, 1835; Josiah Fuget, 1836; Ausey H. Fike, 183 -; Josiah and Thomas Gantt, 1835. They
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settled in what is now known as the Gantt postoffice neighborhood. Jacob Heppler, 183 -. He settled on Salt river about six miles north of Mexico; Elisha Hall, 1836; Thomas Hook, 1833; Asap Hubbard, 1830. Hubbard settled in the northeastern part of the county and was the father of the late Thomas Hubbard, a man of more than ordinary ability. John C. Martin, in 1830. He was the father-in-law of the late Henry Williams, elected to the legislature in Audrain county, in 1870. Mr. Williams was a merchant in Mexico for many years and became one of the wealthy men of the county, but it is said when he married he was so poor he could not pay the minister, but gave him an old spinning wheel for his trouble. Drury and Beverly Mayes, in 1832; Marion Pate, 1832; Louis Musick, 1839; William, John and Reuben Pulis, as early as 1836; Thomas Peery, 183 -. John A. and Joseph Pearson, about 1835, settled on what afterwards became part of the City of Mexico. Thomas Powell settled north of Mexico about one mile on Salt river, in 183-, James Reed, 1834, John Reynolds,
1832, Russell, father of Frank Russell, after whom Russell's Ford is named, on Salt river about ten miles north of Mexico, 1835 and Joseph D. Spencer, about 1839 settled on Salt river about one mile north of what is now Rising Sun church. Henry Shock settled in the now Gantt postoffice neighborhood in 1831, Abraham B. Tinsley, 1837, Wil- liam Talley, 1839, and George Talley in 1831, John Wayne, in 1827, settled about six miles southeast of Mexico. Caleb Williams settled in the county in 1830 and died in 1832. It is said his funeral was the first ever preached in the county and that the preacher was a Methodist circuit rider, the Rev. Robert A. Younger, who performed the first marriage ceremony in the county, February 2, 1837. Younger lived in Boone county.
It has been stated that the Rev. R. A. Younger was the father of Cole Younger and his brothers, the notorious bandits. Albert G. Turner, born in 1837, whose father, John Turner settled at the head of Salt River southwest of Mexico in 1835, knew the Rev. Younger in his later days and knows that the statement as to his being the father of the Younger boys, is a mistake.
Rowland Wats, 1833, William Woods, 1837, Jeremiah J. West, brother of William C. West, 1837 and Timothy Barney settled on Cuivre in 1835. Shorten Blankenship settled east of Mexico about eight miles in 1837. William Crosswhite settled in Saling township in 1839. In the same township, Ellerton B. Mallory settled in 1837. Pey- ton Mahan lived in Saling township when it was first organized. The election for township officers was held at his house in 1837, and the number of votes cast was ten. In February, 1838, there lived in Loutre township, and who were appointed judge of the township election, William McCormack, and Andrew P. Hays. At the same election in Salt River township, the judges of the election were Thomas Kilgore, George L. Smith, and John C. Martin. At the election in Wilson town- ship, Thomas Stricklin was one of the judges. Jesse Perkins and Miller Barnes also lived in Saling township at that time. William M. Jesse settled southeast of Mexico in 1883. He was one of the founders of Hope- well church, John Younger in 1837. This was a different family than the Young after whom Young's Creek was named. Barnett McDonald, 1838, William White, 1836, David Martin, 1836, James Harrison, 1837, Jackson Thomas, 1838, Thomas Boyd, 1830.
Matthew Scott, Mrs. Jane Gregg and Louis Day in 1832 established for their children and those in the neighborhood, the first school in the county. The house was built on the northeast corner of section 35, township 50, range 9. Archibald Gregg was the first teacher. One
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