USA > Missouri > Linn County > Compendium of history and biography of Linn County, Missouri > Part 19
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"It was at a time when Judge Burgess was on the bench. I was defending a man for murder. The circumstances were such as to elicit the greatest interest throughout the county. It seems the defendant had caught a man visiting his wife and had immediately armed himself with the old-fashioned rectifier of domestic troubles, a double-barrelled shotgun, and with it had blown a hole through the head of the Lothario.
"The unwritten law wasn't quite as famous in Missouri at that time as it became later on, and some features of this case made it a rather serious one for my client. Of course, we hoped for an acquittal, but there was a very grave doubt. I went to Tom after the evidence was all in and asked him what he thought about the case.
" 'It's a pretty tough proposition, Major,' he said, scratching
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his head; 'a mighty tough proposition, but I think your man will pull through all right.'
"The jury was out three days. I had several talks with my friend Tom, and while he always frankly admitted that it was a very grave situation, yet he insisted that in the end the defendant would be acquitted. I wondered from whence came his confidence, but did not ask. Towards the close of the third day Tom came to me in high spirits.
" 'It's all right, Major,-entirely all right!' he exclaimed.
" 'What do you mean, Tom?' I asked.
" 'Why, they are going to turn your man loose.'
" 'You're joking, Tom; they are hung up beyond all hope.'
"' ' You just wait !'
"Inside of five minutes there was a knock on the jury room door and that sinister signal that means so much for weal or woe. Tom was way up at the front grinning with confidence. I took hope from the expression of his face. Sure enough the jury reported in our favor. Our man was acquitted, just as Janitor Tom had confidently announced he would be. I confess that my curiosity was keenly aroused. I hunted up Tom to learn how it all happened.
" ' Ah'll tell you how it was, Major,' a proud light shining out of his good-natured eyes. 'I knew S- -, who was on the jury, and waited until I got a chance to talk to him. You see, he was the fellow who was hanging 'em up. I got him out to one side this noon and told him what an awful shame it would be to have to try this case again. That me and the judge and the other tax-payers would have to put up the money and that we couldn't stand the expense. I told him that the fellow what was killed got about what was coming to him anyhow; that I had known him a long time and that he was a worth- less cuss and a good deal better off where he was than if he had been upon earth among decent people. He saw that I was talking sense, and as he is a pretty level headed fellow he told me he guessed he'd give in. I didn't promise him anything, but if you would like to give him a few cigars sometime I am certain that he would appreciate it.' "
The first execution in Linn county occurred in July, 1866. Judge Lynch presided. The culprit was a young negro who had recently come from Saline county. His name in Linneus was "Tennessee Tom," Tennessee being his native state. The victim was a little school girl, who told what had happened, and in a short time afterwards indignant men left their work and searched the country for the black man. "Ten- nessee Tom" was apprehended in a few hours, taken to the court room, along with a number of other negroes, and identified by his victim.
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He had also been seen by others. The general sentiment was in favor of immediate punishment. Some citizens, however, advised that the negro be turned over to the authorities and dealt with through the channels of the law. The feeling was too bitter to follow this course and "Tennessee Tom" was marched over to a grove in the eastern part of town, one end of a rope tied about his neck and the other thrown over the limb of a tree. There was a short shift and the black man's body was soon quivering in death. The body hung until nightfall, when some negroes took it down and buried it. "Tennessee Tom" pro- tested his innocence to the last and yet he seemed rather indifferent to his fate.
The tree on which the negro was hung died soon after the execu- tion, and many superstitious ones regarded it with awe. For a long time afterwards the negroes avoided the place after dark. Each ghost that appeared to a negro was said to emanate from the sinister spot where "Tennessee Tom" met his dramatic end.
Next to the Taylor case the killing of Mrs. Minnie Hall and her four children the night of January 19, 1899, was the most sensa- tional. Mrs. Hall lived with her children in a cottage about five miles southwest of Brookfield. On the night mentioned her house was dis- covered to be on fire. Neighbors rushed to the rescue and found Mrs. Hall and her children in the mass of flames dead. Nettie, the oldest girl, had marks indicating she had been struck by a blunt instrument. Some one noticed there were tracks in the snow. These tracks were followed. They lead direct to Brookfield and around the railroad yards, and from there to the Babb Hotel. The party following the tracks entered the hotel and found Joseph A. Howell, a cousin of Mrs. Hall, just ready to retire. He was arrested and taken to the Linneus jail. Evidence began to shape up against him, and he was charged with the murder of little Nettie. Howell had taught school at Prairie Mound, and was regarded as a man of good education and integrity. He had well-to-do folks near Ironton, Ohio. Maj. A. W. Mullins, of Linneus; O. F. Libby, of Laclede, and T. M. Brinkley, of Brookfield, were employed to defend the accused. C. C. Bigger, prosecuting attor- ney of Linn county, was assisted by A. W. Myers, an experienced lawyer of Brookfield. The trial was at Linneus. It attracted great attention. At every session the hall where court was held was taxed to accommodate the crowd. Howell was found guilty and sentenced
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to death. But his attorneys appealed to the supreme court, which tribunal reversed the case. (See 100 Mo.)
Before the next trial there was a change of venue to Trenton. T. M. Bresnehen had succeeded Mr. Bigger as prosecuting attorney and had charge of the case for the state. Mr. Bigger and Mr. Myers, however, were still retained to assist the prosecution, and Judge George Hall and O. G. Bain of Trenton added to the state's force. The de- fense was reinforced by the law firm of Harber & Knight, of Trenton. At the first trial at Trenton there was a hung jury, but at the next trial Howell was convicted and again sentenced to death. The case went to the supreme court again, but this time the lower court was affirmed and the execution of Howell followed.
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CHAPTER XV
An Official Chapter-The County Representatives-Line of Circuit Judges-Intrepidity of Judge Smith at a Perilous Time-Sena- torial and Congressional-Democratic Congressional Committee- Republican Congressional Committee-Democratic County Com- mittee-Republican County Committee-Linn County's Popula- tion by Townships-Vote on State Officers-Incorporated Towns and Villages-Postoffices-Linn County Newspapers.
In this chapter it is the purpose to give some historical data con- cerning those who held office in Linn county, and those in whom Linn county had an interest because of its place in the political divisions of the state. There will also be presented here some tables showing the present political organizations in the county, together with the biographical sketches of some of the leaders.
The representatives of Linn county in the state legislature from 1838 until the present were as follows:
1838-James A. Clark, Democrat.
1840-Irvin Ogan, Democrat.
1842-David Jenkins, Whig.
1844-E. C. Morlock, Democrat.
1846-Jeremiah Phillips, Democrat.
1848-G. W. Guinn, Democrat.
1850-Jacob Smith, Whig.
1852-Wesley Hallburton, Democrat.
1854-John Botts, Democrat.
1856-Beverly Neece, Democrat.
1858-John F. Gooch, Whig.
1860-E. H. Richardson, Democrat.
1862-A. W. Mullins, Republican.
1864-Dr. John F. Powers, Republican; died in 1865. R. W. Holland, unexpired term, Republican. 1866-T. J. Stauber, Republican.
1868-A. W. Mullins, Republican.
1870-Abram W. Myers, Democrat.
1872-S. P. Hoston, Republican.
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1874-Abner Moyer, Democrat. 1876-George W. Easley, Democrat. 1878-W. H. Patterson, Democrat. 1880-E. D. Harvey, Democrat. 1882-Harry Lander, Democrat. . 1884-Hiram Black, Republican. 1886-James A. Arbuthnot, Republican.
1888-Charles W. Trumbo, Democrat.
1890-Thomas D. Evans, Democrat.
1892-Abra. C. Pettijohn, Republican. 1894-Abra. C. Pettijohn, Republican.
1896-J. H. Perrin, Populist. 1898-Abra. C. Pettijohn, Republican. 1900-Clarence M. Kendrick, Democrat. 1902-Edward Barton, Democrat. 1904-Abra. C. Pettijohn, Republican.
1906-George W. Martin, Republican.
1908-Benjamin L. White, Democrat. 1910-Walter Brownlee, Democrat.
The state senators from 1840 to the present were: 1840-Thomas C. Burch, Macon county, Democrat.
1842-Dr. John Wolfscale, Livingston county, Democrat. 1846-Augustus W. Flournoy, Linn county, Democrat.
1850-Augustus W. Flournoy, Linn county, Democrat.
1854-Frederic Rowland, Macon county, Democrat. 1854-Frederic Rowland, Linn county, Democrat. 1858-Wesley Haliburton, Sullivan county, Democrat. 1862-John McCollough, Sullivan county, Radical; died in 1863. 1863-I. V. Pratt, unexpired term, Linn county, Radical.
1866-I. V. Pratt, Linn county, Radical.
1870-William A. Shelton, Putnam county, Radical. 1874-E. F. Perkins, Linn county, Democrat.
1878-Andrew J. Mackey, Chariton county, Democrat.
1882-Wesley Halliburton, Democrat.
1886-Andrew J. Mackey, Democrat.
1890-Edward R. Stephens, Democrat. 1894-Alfred N. Seaber, Republican.
1898-Emmett B. Fields Democrat.
1902-Emmett B. Fields, Democrat. 1906-Emmett B. Fields, Democrat.
1910-Benjamin L. White, Democrat.
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Thomas Reynolds was the first judge of the circuit court, his service dating from 1837. The Hon. James A. Clark was circuit attorney. Up to 1843 the circuit was known as the eleventh judicial circuit, and was composed of Grundy, Livingston, Linn, Adair, Macon and Chariton counties. By act of the legislature in March 7, 1849, the eleventh judicial circuit was composed of these counties:
Chariton, Linn, Livingston, Grundy, Mercer, Dodge, Putnam and Sullivan. The change went into effect July 4th.
When the general assembly met in 1880-81 the counties composing the eleventh judicial circuit were again changed, the circuit being formed as follows: Chariton, Linn, Sullivan, Grundy and Mercer.
Linn county is now in the twelfth judicial circuit, which is formed of the following counties : Chariton, Linn and Sullivan.
As the first judge of the circuit court in Linn county something of the career of Judge Thomas Reynolds may be of interest.
Judge Reynolds was also the first judge of the circuit court in Macon county. He was appointed judge of the district by Gov. Lilburn W. Boggs, January 27, 1837. Judge Reynolds took the oath of office before William Taylor, a notary public of Howard county, February 7th, the year he was appointed.
Judge Reynolds was born in Bracken county, Kentucky, March 12, 1796. While holding the office of Governor of Missouri he committed suicide in the executive mansion at Jefferson City, February 9, 1844. But very little is known regarding his early education, but it was no doubt as good as could be obtained in the schools where he resided. He certainly was not a classical scholar, though he had some knowledge of Latin. He was admitted to the bar in Kentucky about the time he became of age. In early life he removed to Illinois, where he filled the successive offices of clerk of the house of representatives, speaker, attorney general, and chief justice of the supreme court.
In 1829 he came to Missouri and located at Fayette, Howard county. His high reputation as a jurist had preceded him and he soon enjoyed a good legal practice. He was sent from Howard county to the legis- lature, and became speaker of the house. After serving for some time in the legislature, he was appointed judge of the circuit, comprising the counties of Howard, Boone, Callaway, Randolph and Macon. When the circuits were changed and Macon became a part of the Eleventh District Judge Reynolds became judge of that circuit.
In 1840 the Democratic party met in state convention at Jefferson City and Judge Reynolds was nominated for governor. Judge Bay,
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who attended the convention, wrote of Judge Reynolds in the Bench and Bar of Missouri :
"It was at this convention that we made Judge Reynolds's acquaintance, and formed a very high estimate of him, as not only a man of ability, but of undoubted integrity and honesty of purpose. As a delegate in the convention we gave him our support, and had occasion frequently afterwards to meet and transact business with him, as we were in the legislature and there most of the time he was governor. He was elected over J. B. Clark by a handsome majority."
The following appeared in the Bench and Bar concerning Judge Reynolds's deatlı :
"Shortly after breakfast, on February 9, 1844, a report of a gun was heard from the executive mansion in Jefferson City, and some persons passing by at the time went into the governor's office to ascertain the cause of it, and there found the governor lying in his blood, dead. Just previous he had sent out for a rifle. The muzzle of the rifle he had placed against his forehead, and by the aid of a strong twine he discharged the weapon. On a table near where he fell was a letter addressed to Col. William G. Minor, an intimate friend, which read as follows :
" 'In every situation in which I have been placed I have labored to discharge my duty faithfully to the public, but this has not protected me for the last twelve months from the slander and abuse of my enemies, which have rendered life a burden to me. I pray God to forgive them and teach them more charity. My will is in the hands of James L. Minor, Esq.
" 'Farewell.
TH. REYNOLDS." '
Following is the line of circuit judges succeeding Judge Reynolds : Thomas C. Burch served as circuit judge of the district from April, 1839, until December, when he died.
Judge James A. Clark was appointed the successor of Judge Birch, and held the position until 1861. At that time the Civil War was on and he was ousted from office for refusing to take what was called "The Gamble Test Oath." Judge Clark was born in Estell county, Kentucky, February 22, 1805. He came to Missouri with his father, Bennett Clark, in 1817, and settled in Howard county; began to study law at the age of twenty, in the office of Peyton R. Hayden, a dis- tinguished lawyer of Boonville. Two years later was admitted to the Howard county bar. In 1827 went to Galena, Illinois, practiced in the
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courts there until 1833, when he returned to Missouri and located in Linn county, then a part of Chariton county. Started to farm a mile north of where Linneus is now. When not concerned with his legal duties Judge Clark was very much interested in his farm work and he was also passionately fond of hunting. He was what might be called an all-round man. At times his services were required to draw deeds, give legal advice, settle differences among neighbors and to prescribe medicine. In all these matters he was looked upon as an authority.
Judge Clark was Linn county's first representative in the legisla- ture. The county was organized in 1837 and he went to Jefferson City as its representative in 1838. During that session of the legislature the eleventh judicial circuit was formed, and Judge Burch was made the first judge of the circuit. As stated, Judge Burch died in Decem- ber and Judge Clark was appointed to fill the vacancy. Under the law at that time judges were appointed to serve "during good be- havior." Judge Clark enjoyed the benefits of that law as long as it lasted, and was afterwards twice elected by the people. His entire service extended over twenty years, when the Civil War began, and he was removed for the cause noted. Judge Clark recommended that his friend, Judge Jacob Smith, be appointed in his place. The recom- mendation of Judge Clark was carried out and Judge Smith served until he was killed at Linneus by a band of raiders. Judge Clark moved from Linn county to Chillicothe, Missouri, in 1843, and then to Monticello, Chariton county. In 1878 he returned to Linneus. Judge Clark was married twice. His first wife was Martha A. Lewis, of Howard county, to whom he was wedded in March, 1833. She died July 15, 1845, and on January 5, 1847, Judge Clark married Mary Jane Lewis, a sister of his former wife. Judge Clark died December 12, 1882.
Judge Jacob Smith, who is referred to in the above biography, was appointed judge of the eleventh judicial circuit in 1861. Judge Smith was born in Virginia, March 3, 1816. His parents emigrated to Kentucky while he was quite young and settled near Columbia. Judge Smith's boyhood was spent on the farm but he utilized every spare moment for books and study. Manhood found him possessed of a very good English education. During the "Florida War" against the Seminole Indians, Judge Smith served as a volunteer. Returning home in 1838, he began his study of law, which he mixed with school teaching in order to acquire the means to pursue his studies. In Jan- uary, 1839, was married to Frances P. Crews, of Marion county, Ken- tucky. Judge and Mrs. Smith came to Missouri in 1846 and settled
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in Linn county. For several years thereafter Judge Smith gave his attention chiefly to farming, but during the winter months he taught school and continued his favorite study of the law. He was elected on the Whig ticket to represent Linn county in 1850, then was elected probate judge of Linn county, which position he filled four years. The first Mrs. Smith died October 6, 1857, and in the spring of 1859 Judge Smith was married again to Jane T. Hickman, of Linn county. The judge was a staunch friend of the Union from the start of the political trouble in the sixties. At the election in February, 1861, Judge Smith was chosen as one of the delegates to represent the eighth senatorial district in the convention which met at Jefferson City the 28th of that month for the purpose of "Considering the existing relations between the government of the United States, the people and the government of the different states, and the government and people of the state of Missouri." During the spring and summer of 1861 Judge Smith was actively engaged in aiding in the organization and equipment of the Eighteenth and Twenty-Third Regiments of Missouri Volunteer In- fantry; was elected and commissioned the first lieutenant-colonel of the Twenty-Third Regiment. This position he resigned for the pur- pose of taking charge of the duties of circuit judge of the eleventh judicial circuit. This appointment had, at the suggestion of Judge Clark, been made by Gov. H. R. Gamble. Judge Smith served until January, 1864, when he was succeeded by Judge R. A. De Bolt. Judge Smith was slain by a body of raiders that invaded Linneus the night of January 9, 1865. He died bravely, with a musket in his hand, endeavoring to protect the citizens. A leader of the raiders was riding along on a stolen horse. Judge Smith raised his gun, fired and mor- tally wounded the man. Then he started towards the court house where some arms were stored and shouted to the citizens to come along and arm themselves and fight for their homes. But just as the brave judge reached the court house some of the raiders fired on him and he fell as the result of wounds that caused his death two days later.
(Taken from History of Grundy county, Missouri, 1881.)
HON. R. A. DEBOLT
Rezin A. DeBolt is a native of Fairfield county, Ohio, born January 20, 1828. Reared on a farm, his time up to his seventeenth year was divided between agricultural pursuits and acquiring an education in the common schools of the county, the first of which was the founda-
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tion of his present rugged and vigorous constitution, and the last the beginning of future attainments.
In January, 1845, in his seventeenth year, he was apprenticed for three years to a tanner, served his time and followed his trade for a few years, and in the meantime gave his nights to study, "many times and oft" burning the "midnight oil," as he eagerly pored over dry volumes of legal lore. Ceaseless diligence and tireless study were at last rewarded, and in February, 1856, the whilom tanner's apprentice was admitted to the bar, to practice in the courts of Ohio. Two years he practiced in his native state, then following the tide of immigration, which was flowing rapidly westward, he joined the throng, hoping to take the tide "at the flood which leads on to fortune." Arriving in Missouri, he settled in Trenton and began the successful practice of his profession in 1858.
The following year he was appointed commissioner of common schools of Grundy county and was elected to the same office in 1860, but still continuing his practice which the duties of the said office did not interfere with.
When the dark clouds of dreaded Civil War first hovered over the land, he was among the first to come to his country's aid, and his voice grew strangely eloquent when he raised it in behalf of the Union and the Stars and Stripes.
In 1861 he recruited a company ; was elected captain in the Twenty- Third Missouri Volunteer Infantry. At the head of his men he par- ticipated in the battle of Shiloh and was captured April 6, 1862, and held prisoner until the following October. His health here became im- paired and he resigned his commission in 1863, but again entered the United States service in 1864 and was commissioned major of the Forty-Fourth Missouri Volunteer Infantry, remaining until mustered out in August, 1865.
In November, 1863, he was elected judge of the circuit court of the eleventh judicial circuit, which office he held by re-election until January 1, 1875, and by his impartial rulings won many encomiums.
In 1877 Judge DeBolt again entered the arena of political life as a candidate for congress, and after an exciting and bitter fight, was elected a member of the Forty-Fourth Congress, as a Democrat, de- feating his opponent by 217 votes. Since the expiration of his term in congress, he has given his entire attention to his large law practice. He is independent and outspoken in his advocacy of what he believes to be right. By hard battles against desperate resistance he has won
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his way to his high position in the esteem of the people among whom he lives.
Judge DeBolt has been twice wedded. His first marriage was to Miss Maria M. McVleery, of Fairfield county, Ohio, near Lancaster, June 19, 1849. By this marriage they had a family of six children, three only of whom are living. Mrs. DeBolt died February 4, 1869. His second marriage was to Miss Laurestine U. Dinsmoor, a native of Canada, but reared in New York. The ceremony was performed Octo- ber 12, 1869. Five children have been the issue of this union, all living.
Judge DeBolt has a fine residence in the southeast portion of the city, with grounds covering ten and one-half acres. Handsomely laid off with shade trees and shrubbery in front of the house. With his wife and family gathered around it makes one of the most pleasant and comfortable homes in Trenton.
Judge Gavon D. Burgess was elected judge of the circuit in 1874. The Democratic convention that nominated him was held at Brookfield. Judge Burgess was born in Mason county, Kentucky, November 5, 1833, was reared and educated in his native state; read law in the office of W. H. Cord of Flemingsburg. After studying with Mr. Cord for four years Judge Burgess began the practice of his profession at Flemings- burg in 1854. Formed a partnership with Salucius Garfield, a distant relative of President James A. Garfield. Judge Burgess dissolved the partnership in 1855 and came to Missouri, located first at St. Joseph; removed to Milan in the spring of 1856 and began the practice of law there; came to Linneus in the spring of 1866 and practiced successfully until his nomination and election as circuit judge. Judge Burgess remained on the bench until he was chosen by the people of his state supreme judge, in the year 1892. He died holding that important position. Judge Burgess was married to Delia Trimble, daughter of Robert Trimble, of Fleming county, Kentucky, in March, 1855. There was one child, a son, who died in infancy. Judge Burgess was a prominent member of the Masonic fraternity.
Judge William W. Rucker was judge of the twelfth judicial circuit (formerly the eleventh) from 1893 to 1898, when he was elected to congress and is still occupying that position. He was born in Coving- ton, Virginia, February 1, 1855, educated in the district schools and came to Missouri, October 3, 1873; served as prosecuting attorney of Chariton county from 1887 to 1892; resides at Keytesville.
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