USA > Missouri > Macon County > General history of Macon County, Missouri > Part 23
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98
This affair created wild excitement. Detective Ed Turner took hold of the case, but for a long while could not get a start on it. The Browitt girls were unable to identify the man who had attacked them.
During the latter part of June there was a report that a man had entered the home of John Keochel, the blind broom-maker. Two of Mr. Keochiel's daughters were aroused, and the man, grasping the arm of one of them, said: "If you holler, I'll do to you as I did the girls at the water-works" (the Browitt girls).
The man, it seems, didn't harm either one of the Koechel girls, but in leaving the house he picked up a sack of flour, which he found downstairs. Detective Turner noticed tiny white specks leading from the kitchen pantry out into the yard and on southward. He followed it to the home of Henry Williams, a negro, who had quite a while before been arrested for annoying some white girls, but who had been acquitted. In spite of the damning evidence by the trail of flour, Wil- liams protested that lie had not been out of his house that night. They took him to jail and during the day he was interviewed by a reporter. Williams said :
"I used to be a member of the Methodist church at Marceline, but I never joined ont here. My present wife, though, belongs to the church. I am going to tell the truth about this matter if it kills me. My wife and I went down to the doctor's street concert Tuesday night. After that we came liome and went to bed. I never got up until morning. When I woke I went over to the Rev. McDonald's house to attend to his horse. Then I came back home and the policeman arrested me. I didn't know a thing about this water-works business and the little girls down there. I never told the little Koechel girl anything about treating her like I did the water-works girls. I was not in the Koechel
219
HISTORY OF MACON COUNTY
house that night. I am not that sort of a man. I never killed anybody in a fight in Alabama. You see Mr. McDonald and he will tell you what sort of a man I am. I positively deny that I have been in this house. They wanted me to say, 'yes,' but they can kill me before I will do it."
There was considerable talk during the day, and as night came on it became very well settled that the negro was to be hung. A. J. Glenn, was sheriff, at the time, and he stationed one of his deputies out in front of the jail. The citizens quietly formed about the jail and in the court house yard, talking in groups but making no violent demon- strations. The Rev. G. A. Robbins, pastor of the Methodist church, appeared on the scene and urged the crowd not to hang the negro. He referred to an incident where a man had been liung by vigilantes, and afterwards found to have been innocent. Mr. Robbins was making quite a talk but the crowd became impatient and refused to listen. They went to the jail and made a formal demand of Sheriff Glenn for the prisoner. The sheriff said he would defend the prisoner with his life. Someone brought a long rope and the crowd cheered. When the mob's determination became apparent a Mr. MeVicker got up on a box or something and tried to speak in favor of letting the law take its course. Someone threw a brick at him and he was knocked senseless. He was standing right along-side the sheriff at the time. Sheriff Glenn argued with the crowd and promised that a full investigation should be made next day, but the people knew what they wanted and they rushed over the fence. The officers were disarmed and the front door smashed in. The key-box was found and someone unlocked the iron door to the cor- ridor. Williams was trembling in his cell. His appearance in front of the jail was greeted with a wild shout by the mob. The first plan was to hang him to an electric light pole in front of a residence, but someone suggested that this would be an unwelcome sight for the women folks in the morning, and so they lmustled the victim south on Rollins street and then up Weed to the Wabash viaduct. As the crowd went along with its prisoner in its midst a policeman was encountered going in an opposite direction. Someone called his attention to the fact that they were about to hang a man, but the policeman was not interested. A tall fellow, whose name is pretty well known in Macon and who is now living here, acted as master of ceremonies. He stood holding to Williams under the bridge. He threw a rope aloft and some boys stand- ing on the bridge caught it and fastened it to the balustrade. Then a well-dressed little fellow, standing close to Williams, and who evi- dently wanted to attract attention to himself, addressed the prisoner : "Henry, you have showed yourself a man; you are a brave man
220
HISTORY OF MACON COUNTY
and we are going to treat you right ; if you want to say anything now's your chance."
Williams replied that he had nothing to do with the ceremony ; that he had not been consulted in regard to it and was not in favor of it; he said they could go ahead and arrange things to suit themselves, and that they needn't think they could throw any responsibility on him by making him answer questions.
Then the tall man said :
"Now, Williams, you are at the end of the journey and I want to do this thing to suit you. Would you rather that the boys would take yon up on the bridge and let you jump off so it will eraek your neck in a hurry or shall I give 'em the order to hoist away where they are?"
Williams absolutey declined to say yea or nay on the proposition and the tall man signaled to the boys on the bridge to pull the rope. The vietim died withont a struggle. Next day the body was cut down, the coroner impaneled a jury and evidence was taken, after which the jury returned this verdict :
"An inquisition taken at Macon, in the county of Macon, state of Missouri, on the 30th day of June, 1898, before me, Dr. Guthrie E. Serutehfield, Coroner, upon the view of the body of Henry Williams, colored, then and there lying dead, H. W. Doneghy, J. D. Smith, S. A. Patterson, H. M. Rubey, J. P. English and C. D. Sharp, good and law- ful men, householders of Hudson township, county aforesaid, who being sworn and charged diligently to inquire and true presentment make, how and in what manner Henry Williams came to his death, upon their honor do say that he came to his death at Macon, Missouri, at the hands of two or three hundred men, whose names, identity and residence are to these jurors unknown; that said Henry Williams was hanged by the neck until dead, between the hours of 12 and 1 o'clock a. m., Jime 30, 1898, with a rope attached to the bridge of the Wabash Railroad Company, in the city of Macon."
When E. Smith Gipson of College Monnd, died on April 2, 1901, he left a will which was one of the most unique doemments ever filed in a Missonri court. Mr. Gipson was a son of Robert Gipson, a farmer whose sketch is printed elsewhere in this work. Smith Gipson was a plain, hardworking farmer, who was noted as a good judge of horse- flesh and had amassed quite a fortune through shrewd trading. His education was not derived from books and contact with scholars, but from practical toil. Abont ten years before his death Mr. Gipson was kieked by a horse, and for a while it was thought he would die. He recovered, and before long made a will, which he verily believed
221
HISTORY OF MACON COUNTY
would thwart the lawyers. He said there should not be a "whereas," an "aforesaid," or an "on or about" in it. He knew how he wanted his property to go and he intended to put it down in plain black and white so everybody could tell just what he was driving at. But soon after his death his will was made an issue in court by some of the heirs who did not get what they regarded as a fair divide.
Soon after the litigation began the will was published in some of the newspapers. It instantly became a subject for wide discussion. Some contended that it meant one thing and some another and others held that the will was void because of its lack of clearness. A man in Iowa wrote to Probate Judge Buster that he knew eleven different languages, and that for a consideration he would come down to Macon and construe the will in such a way as to satisfy everybody. Following is a literal copy of the Smith Gipson's last will :
State of missouri conity of macon, Coledg mound.
In the name of God
amen I C B in the year Lord.
Know all men that Preasants Grieting that Beeing sond in mind & Good Bodly Helthe in the year of our Lord, A. B. 1890 and Beeing in Good Bodly Helthe and of sond minde and memory knowing the insertinty of Life and the certainty of Death Having my prefference in what way my effects should Be setled among my heirs and my wife first this is my last Will and testament. that I appont my Wife catherine gipson to have the hom Residents where we now and have for the greatest part of our livs in macon connty mo on section 22 town-ship 5 Rang fifteen or as much their of as will snport Her comfortably Deuring. Her natural Life & a Decan Burrul at Deathe the form to Be Rented to the Hiest and Best Bider for cash at the end of each year or the first Day of march of each year Binding the Rentor to give Bond and aproved senrty for the Rent of said Lands the guerrduan Here after beeing named to Have 10 per cent of all moneys for Rents and the monney that Remains over the Decen support is to Be loaned out on cecurity after each years Rents after the first year so that if there is enny Remaning from need & wants all so the Rentor pay all tates on the farm & the 2 track of Lands on each sid of the conty Road and all moneyes arising or in anny wis Being or Be Longing to my est tat to be Loande at S per cent on good security on Real estat that is not ineum- bered in enny way till all off my Lands is Soalde it Being Soalde on twelve monthes tim. Dock Gipson and tom Gipson is not to Pay moar
HISTORY OF MACON COUNTY
then ten dollars per achar for the forty a doindeng them on the east & James Boker on the South in section 6 six in Range 17 named Laying East of toms forty and cornoring withe Doeks south east cornor in section 6 all so grant Gipson is to Have Have thirty five achars a joindeng His track in 22 at ten per achar out of the estate when setled all so naney Saurdinny green my Beloved Daughter is to Have the Sum of two Hundred Dollars over & above Her Eaquil Part of my Estate and Jo Lee Shellon Barger is to Have one Dollar he Beeing the son of I Binda Gipson By Berthe, deceased. and when my effects is all soald and the Estate all settled I want my eur Rator to sea that mary summers my Beloved Daughter Has a full Part of my estat after Her Husbat, s, g, summers is Dead in Less she Be comes Penant or in Bodly need then she shall such amont as will pervent Bodly Suffering and in case of Her Deathe Her part is to Be equaly Devided Between Gertrude Summers and mary Genit summerses second son and com- manly call Litty and Simon and Lery are in the event of the Deathe of their mother are to Hav one Dollar apeac out of my estat and Mary Greens part of my estate shall Be Loaned Her Haveng the yearly intrest or Be Laid ont in Land in Her own nam for Her own self or the Heirs of Her Body and if she Dyes in testant then the sam shall Revert to Her Brothers and sisters if they stay on Living if not to their chil- dren with the exception of Sherman and Lery Summers & Lee Shellon Barger & Galus Green they and Lery are to Have one Dollar of said estate each of them this amont set is for Her nany staying at Home after sh was of Lawfullage & other conciderations it Beng just and Right Galus Green is not to Hav ondly one Dollar out of my estate in my opinion of Best way is to let my children chos 2 of the Brothers to act as eredtors an executors and admr an that they are to Have $150cts per day for all the time that they consum predently in settling the estat for printing hand Bills & for Probating and other expenses not namd. Have full Ray na monney to Be Divided unti all is settled nothing to be Soal unDer 12 months credet the paper giveng 2 good solvent men as security Bfour the property is moved or the same sho Be Retaken and Resoald agane in case that Sarah Green Dyes Before my estate is settles the Rest of the Heirs is to shear Her Part of my estate Divided Between Grant and Susie tube my Beloved Dan and there children the girls are to Have Good Second Rat Horse or mare out of my estate to make to make them Eaquel withe the Buoyes. that has had Horses when they were free this Being my Last Will and testimen signed in Presence of former Wills ar void and un Sound.
223
HISTORY OF MACON COUNTY
Signed Sealed and Witnessed By ot Stringer and I C con Row atest J. F. Conrow, E. S. Gipson (Seal) Ar Hillerman
Signed on this the 12 Day of october 1897.
Judge Shelton's construction of the will is given in his opinion, rendered Tuesday, April 21, 1903, as follows:
"I am asked in this proceeding to construe the will of the late Smith Gipson. The petition, as I read it, asks that but two questions be passed upon. First, does the will dispose all residue of the real estate after the life estate to the widow is exhausted? Second, if it does not, is the plaintiff, Joseph Lee Shellenbarger, entitled to par- ticipate therein with the other heirs?
"I am of the opinion the remainder in that land is not disposed of by the will and if I am correct in this view it shows that plaintiff is entitled to his distributive share in the lands.
"I am of the further opinion that the will does not attempt to dis- inherit the plaintiff, Shellenbarger. On the contrary it especially provides that he shall have one dollar out of the estate in excess of his equal share.
"In view of the answer in this case and at the suggestion of the counsel for defendant I have thought to go somewhat beyond the allega- tion of the petition in my findings, hoping thereby to avoid compli- cations. The language of the will here referred to is made to certain portions of land, by Dock, Tom and Grant Gipson confers no title on them, but accords them an option which they may excerice or not. Dock and Tom at any time after the testator's death, provided the rights of creditors are not interfered with, Grant's to be exercised only at the final settlement of the estate, and then only as acting for any indebted- ness to the estate."
The long and costly litigation between John Massengale of Macon county and Elijah E. Rice of Chariton county, over a thirty dollar steer, attracted great interest. Both Massengale and Rice were born in Wayne county, Kentucky, not very far from each other. The two men were typical farmers and cattle men. They were alike in spirit and determination. Rice was born July 20, 1849. Massengale was a few years the elder. Rice had been a Missourian about thirty years at the time the lawsuit developed. Massengale ranched in Wyoming for many years. Out there they called him "Missouri John." He is a great big, good-natured fellow, and the cattlemen thought a great deal of him. Massengale came to Missouri and settled near Keota. In September, 1899, he missed a steer out of his bunch and later on was informed that the animal was in Rice's herd. Massengale went to
224
HISTORY OF MACON COUNTY
see Rice about it, and the two went out together and looked at the steers. Massengale pieked out one which he claimed was his missing animal. Riee said he was mistaken; that it was his property. Massen- gale filed a replevin suit before Squire M. J. Lane at Bynumville. At the first trial before the justice Massengale was represented by D. R. Hughes at Macon. Albert D. Nortoni, now one of the judges of the St. Louis Court of Appeals, was the attorney for Rice. The first trial occurred on December 2, 1899. The village was full of witnesses and spectators. It was long after midnight when the attorneys coneluded their arguments. The jury failed to agree. The second trial was had January 6, 1900. This time the verdict went for the plaintiff, Massen- gale. Rice appealed the case to the Circuit Court and there was a trial before Judge John P. Butler at Salisbury in February, 1900. The jury failed to agree and the case was re-tried in the same court in September, . 1900. In all this time the number of witnesses had steadily increased, and the costs were piling up high.
Neither of the litigants would have suffered much over the loss of the steer, but having put their hands to the plough they could not turn back. The lawyers had several conferences with a view to settlement, but no progress was made in that direction.
At the trial in September, 1900, the jury returned a verdict for the defendant Rice. The case was appealed by Massengale. One of the main grounds of objection urged by his attorney was that defendant's counsel, J. A. Collett, had used this language to the jury in his elosing argument :
"Massengale obtained his start and made his money by rounding up unbranded cattle in the West, and stealing them and branding them as his own."
In order to show that there was no justification for this language the plaintiff printed the entire record of the trial, which made a brief of 241 pages. The Appellate Court remanded the case for re-trial. A change of venue was taken to Fayette, Howard county. At the first trial at Fayette the jury disagreed, but in the second trial a verdict was rendered for the defendant Rice. This made seven trials alto- gether. It is estimated that the entire proceedings cost in the neigh- borhood of $5,000. The attorneys for Mr. Massengale decided, after the final trial in Fayette, that the record didn't justify an appeal. Mr. Massengale said to them :
"It is with you gentlemen to say whether it shall be appealed or not. If you want to try them another whirl in the higher court I am with you."
225
HISTORY OF MACON COUNTY
The steer, which was described in the evidence by Mr. Massengale as "a dark red steer, a round body, rather a small dark two-year-old, a little under average size-what I would call a dark red steer, with a white spot in its forehead, worth about thirty dollars," grew up tall and' large until it became the biggest animal in Mr. Rice's herd. Several parties offered him $200 for the steer for the purpose of showing it at country fairs and agricultural meetings, and arrangements had been made for such exhibitions when the animal took sick one day and died. Rice said had it lived until that fall he intended giving a barbecue on his place and inviting all the attorney's and witnesses, as well as Mr. John Massengale, to come over and be his guests. The old steer would have been one of the features of interest on that occasion.
The La Plata division of the Macon Circuit Court was established to meet a growing demand for a eivil tribunal in the northern part of the county. In the petition presented to the Twenty-Ninth General Assembly praying for the authorization of the Court the following names appear: J. C. Doneghy, Jolin T. Doneghy, E. A. Griffin, James I. Sears, S. K. Sears, T. J. Kellam, G. M. Phipps, J. M. Sharp, Joseph Park, Cyrus C. Wood, M. Owsley, Wm. Easley, T. M. Easley, Henry Van Berg, J. D. Miller, W. D. Powell.
Colonel John F. Williams of Macon was Member of the Legis- lature when the bill was introduced.
Following is the text of the act creating the La Plata Division, Macon County Circuit Court:
"It is hereby provided that the Judge of the Twenty-Seventh (now the Second) Judicial Circuit Court shall hold three terms of the Circuit Court each year in the town of La Plata, in the county of Macon, at the following times : On the second Mondays in April, August and December.
""Said Court shall be held in the town of La Plata in a room to be selected by the Board of Trustees of said town, and they are hereby given all power to appropriate money necessary to pay all the rents and other incidental expenses necessary thereto.
"Said Court shall have concurrent original and appellate civil jurisdiction in all that part of Macon county lying north of the township line running east and west between townships 58 and 59.
"The Circuit Clerk of Macon county shall attend such Court in person or by deputy, and perform such duties as may be required of him by law, for which he shall receive the same fees as are now pro- vided by law for similar service in like Courts of record.
"The sheriff of Macon county shall attend said Court in person or
226
HISTORY OF MACON COUNTY
by deputy, and perform such duties as may be required of him by the law.
"No judgment, nor levy of the execution issued thereon shall be a lien upon any real estate of said Macon county until a duly certified abstract of such judgment shall be filed in the office of the clerk of the Circuit Court of Macon county, at Macon City; but thereafter shall have the same force and effect as though judgment had been rendered in the Macon Circuit Court at Macon City, and the execution issued thereon.
"All general laws now in force, or which may hereafter be passed, regulating and governing Courts of record in civil cases, and all laws defining the practice and proceedings in such Court, not repugnant to this Act, are declared to be in force and effect in the Court hereby established.
"Approved April 28, 1877."
Amended in 1879. See Session Acts 1879, page 84.
Sometime afterward the terms at La Plata were reduced to two, one being held in March and the other in November. At the General Assembly in 1909, however, Mr. John T. Barker, representative from Macon county, introduced a bill creating another term at La Plata, to be begun the first Monday in September. This bill was made a law, and La Plata now has three terms of Court, the same as provided for by the original Act.
CHAPTER XIII.
THE BOND INDEBTNESS-FIRST SUBSCRIPTION TO MISSOURI AND MISSIS- SIPPI RAILROAD-MANDAMUS BY SUPREME COURT COMPELLING ISSUE OF BONDS-MASS MEETING APPROVES COURT'S ORDER-THE SECOND SUBSCRIPTION-GENERAL PROTESTS-DETERMINED EFFORTS TO FIND MONEY TO BUILD ROAD-LITIGATION SCARES FINANCIERS OFF-THE GROWING DEBT-EFFORTS TO COMPROMISE-COUNTY COURT AGAINST IT IN 1894-PROPOSITION OVERWHELMINGLY DEFEATED-MR. GARY'S PLAN FOR A SETTLEMENT IN 1904-STRONG CAMPAIGN FOR AND AGAINST-VIEWS OF BOTH SIDES-ADVOCATES OF SETTLEMENT DEFEATED BY SMALL MAJORITY-PRESENT STATUS OF THE DEBT- THE LEGAL PHASE OF THE CASE.
Directly following the Civil war the West was characterized by unparalleled business activity. Railroads, factories, mills and all sorts of enterprises were projected and the work hurried feverishly. It seemed money was plentiful and everybody was anxious to get his share while it lasted. The country had dropped the musket and eagerly grasped the plow. Every train and steamboat brought immigrants to Missouri.
It was in this period that the Missouri and Mississippi railroad was born. Out of it grew the bonded indebtedness which yet hangs over Macon county.
The subject of the M. and M. bonds will be treated historically and then legally. Under the first division will be presented the early stages, the struggle for life and the death of the road, and the latter results of an attempt to compromise the indebtedness. The second division will discuss the record made by the case in the courts during nearly forty years of litigation.
The writer has clearly in mind that there are two sharply defined views concerning this case. One is that the bondholders ean never realize materially on their holdings, and that the people of Macon county can never be made to pay, as they express it, for "something they did not get." The other element contends that the decisions of the courts have been uniformly against the county, and that event- ually the debt and interest will have to be paid.
227
228
HISTORY OF MACON COUNTY
Of eighty-five Missouri counties and towns that have labored under the burdens of railroad bonds all have settled but three.
Colonel A. L. Gilstrap was the leading promoter of the Missouri and Mississippi railroad enterprise. He was one of the pioneer resi- dents of Macon county, and noted for his energy and public spirit. He made known his intention to build the road, which was to run, eventually, from Keokuk, Iowa, to Kansas City by way of Macon. Several parties of means were associated with Colonel Gilstrap. A. B. Hyde was resi- dent engineer. Some time after the organization Major H. S. Glaze became the treasurer. General F. A. JJones of Macon was secretary and general attorney. He was also a large stockholder.
On February 20, 1865, the General Assembly of the State passed an act to incorporate the Missouri and Mississippi Railroad Company, to build a railroad from Macon City through Edina, Knox county, to or near the northeast corner of the State, in the direction of Keokuk, Iowa, or Alexandria, Missouri. Afterwards the company was author- ized to extend its road southwest from Macon to some point on the Missouri river. By the act referred to it was made "lawful for the County Court of any county desiring so to do, to subscribe to the capital stock of the company and issue bonds therefor, and levy a tax to pay the same, not exceeding one-twentieth of one per cent upon the assessed value of the taxable property for each year."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.