USA > Missouri > Livingston County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 24
USA > Missouri > Caldwell County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 24
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).
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But in time political demagogues came to control the Patrons or " Grangers," to a large degree; dissensions among themselves arose ; indifference to the interests of the order prevailed, and finally the order dwindled away, until now the once powerful organization, which numbered millions of members, comprises but a few thousand zealous individuals who have held out faithful.
In this county the first important meeting of the " Grangers," or as it was then termed, the Farmers' Association, was a mass meeting held at Henkin's Grove, in New York township, August 21. From time to time other meetings were held at different points in the county, and the order was strong and effective. There are now very few, if any, working granges or lodges in the county.
NOTED TRAGEDIES IN THE COUNTY SINCE THE WAR.
Caldwell county has one page in its criminal calendar which it might well wish were blotted out. The record of homicides perpetrated in the county since the war is indeed not an enviable one, although it is insignificant and commendable when compared with that of some of the adjoining counties. In most instances the homicides in Caldwell have been at least partially justified ; in many cases they have been decided by the juries and laws of the country to be entirely so. While there has never been a legal execution under the civil law in this county, there have been but few willful murders. Following are the leading homicides in the county since the war.
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KILLING OF ROBERT BRADLEY BY JOHN MARTIN.
February 24, 1869, John Martin shot and killed his step-father, Robert Bradley, at the residence of the latter in Fairview township. It is claimed that Mr. Bradley, on the morning of his death, roughly demanded that his step-son, who was in bed, should get up. A quar- rel arose and Martin showed a revolver. Very soon Mr. Bradley walked away from the bed and sat down. Martin was sitting on the bed with the revolver in his hand, when he claimed it was discharged accidentally and the ball struck Mr. Bradley in the back part of the head, killing him instantly. Martin was indicted for murder in the first degree. In August, 1870, he was tried and acquitted, the jury not believing that the killing was intentional.
KILLING OF LOU MARLEY.
In a quarrel at a dance at the residence of William McDonald, in Rockford township, January 2, 1873, John C. Fuller shot and killed another young man named Lou Marley. It was sworn to that Marley was the aggressor, and that at the time he was killed he had knocked Fuller down and was upon him when Fuller contrived to fire his pis- tol and lodge the fatal bullet. Fuller was indicted, but in February, 1875, he was tried and acquitted. Afterward he removed to the vicin- ity of Missouri City, Clay county, where he was assassinated by some unknown enemy, who called him to his door one night and shot him.
THE BRECKINRIDGE TRAGEDY - KILLING OF JAMES B. ROGERS BY DANIEL M. WEIST.
No tragic incident ever created more of a sensation in the county than did the shooting of James B. Rogers by Daniel M. Weist, at Breckinridge, on the night of May 14, 1875. Mr. Rogers was a young unmarried man, and at the time was a clerk and salesman in a dry goods store. Daniel M. Weist was an old man, 62 years of age, and lived and owned a brewery about three-fourths of a mile north of town. He had come from Pennsylvania to this county some years before. His wife, Emma, bore a bad reputation for chastity, of which Weist seemed to be aware. Living in Weist's household was another man, a German, named E. Wilhelm.
On the night of the tragedy, at about 11 p. m., Mr. Rogers and another man, whose name was never disclosed, started out to Weist's house for purposes best known to themselves. It is said that they
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went on an invitation. As they neared the house they were fired on by some one, presumably Weist, who was in ambush, and Rogers was mortally wounded. He was shot in both wrists (or one hand and one wrist ), through the knee and in the abdomen. He died in 48 hours. Before he died he gave the following particulars relating to the shooting :-
I was shot about 20 steps south of Weist's house, near a gap that goes into the yard. Weist was lying in ambush. I did not see Weist until after he shot me. After I was shot he ( Weist ) walked around me. I suppose he was about 30 feet from me. As he passed around me I told him that he had shot me, and he must come and help me up, but he did not speak to me. I think he had his gun by his side. I crawled up to the house to get some water, and tried to get some one to go for a doctor, but they would not let me in. I then crawled about one-fourth of a mile and got to the fence not far from Mr. Gallagher's. I know that Weist shot me.
(Signed )
J. B. ROGERS. BY J. B. PLUMB.
MAY 15, 1885.
Weist was arrested the same night and had a preliminary examina- tion before Esq. J. A. Halstead, who committed him to jail. He was afterward indicted and tried October 28, 1875, when he was convicted of murder in the second degree. A new trial was granted because while they were deliberating certain members of the jury had and used whisky in the jury-room. At the February term, 1876, of the circuit court he was again tried, and the jury returned a verdict of " not guilty." Soon afterwards Weist returned to Pennsylvania.
Pending the trial of Weist the German, Wilhelm, committed suicide by hanging himself.
The identity of the man who was with Mr. Rogers the night of the murder has, as before stated, never been determined. Rogers kept the secret to the last. He said that no good could come of revealing it, but much harm might result, and so it was buried with him.
SHOOTING OF PETE LEWIS.
July 24, 1880, W. M. Van Bibber shot and killed a negro named Peter Lewis, in Baker's saloon, in Breekinridge. The negro was drunk and entered the saloon to get more whisky. Baker, the pro- prietor, told him to stay out, but the negro rejoined, "I won't do it ; I'll go where I please," and knocking or pushing Baker to the floor he strode into the room. Van Bibber, who was the barkeeper of the saloon, ran out from behind the bar and ordered the negro to go out
10
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of the room. About this time he drew a revolver, when he was caught by a negro named Mose Trosper. Van Bibber jerked away, however, and again ordered Lewis to go out, adding, "I'll shoot you if you don't." Lewis returned, "Well, shoot." There was testi- mony that the negro was backing the barkeeper across the room, when the latter fired. The ball of the revolver struck the negro in the bowels. He walked out of doors, fell and expired. Van Bibber was never tried or even indieted.
KILLING OF SAMUEL ROGERS.
On the night of the 15th of August, 1881, a young man named Edward F. Gwynn shot and killed a negro man named Samuel Rogers, in front of Tanner's saloon, in Hamilton. The shooting was done at about 10 o'clock at night. Young Gwynn was intoxicated. Passing in front of Tanner's saloon at least twice he accosted rather roughly a group of negroes, of whom Rogers was one, whereupon Rogers asked on the second occasion if the reference was to him, saying, " Who are you hinting at?" Gwynn began cursing Rogers, and the negro said : " Ed, what's the matter with you to-night? I never seen a man go on so. You are either drunk or a fool. If you don't stop cussing and abusing me, I'll kick you." Gwynn rejoined, "You will, will you?" and drawing his revolver he shot Rogers through the body. Rogers fell and died within an hour. There was some evi- dence that Gwynn, a short time before the shooting, had burned an- other negro in the face with a cigar, and had said, "I intend to kill a d-n nigger to-night."
Gwynn was arrested, jailed and indicted for murder in the first de- gree. In October following the killing he took a change of venue in his case to Livingston county, and was there tried and acquitted. Public sentiment in this county was largely against him, and the change of venue was granted upon the prisoner's allegation that justice would not be done him here, owing to the existing pre- judice.
THE CASE OF TIIE STATE OF MISSOURI US. WM. II. ROSHONG,
For killing a negro named Geo. Bohannan, one mile southwest of Kingston, on the 16th of August, 1881, was tried in the circuit court of this county at the February term, 1882, and resulted in the acquit- tal of the accused. Roshong, who still lives near Kingston, is a white man of near middle age, a married man, of considerable information upon certain subjects, but of a very eccentric disposition. Some
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parties had informed him of certain conduct of the negro Bohannan which made him very indignant. The negro was known as a " hard case," and Roshong was warned to look out for him.
On the day of the homicide, Bohannan and some other negroes went to the woods west or southwest of Kingston for wild plums. This was in the direction where Roshong lived, and he warned them not to gather any plumbs on the land he occupied. Returning, the party encountered Roshong in the road and Bohannan called out to him, " You had better come and get these plums." Roshong answered, " I would if they came off my land." Bohannan then said in a men- acing tone that Roshong ought to " try to take them anyhow and see how he would come out." A quarrel resulted, and Roshong stated that the negro assaulted him with a stone. The negro woman who was walking with Bohannan when the altercation began passed on, and in a few seconds Bohannan came running past her with a huge knife sticking in his back. He ran but a few rods further when he fell and died. His brother picked up the knife, but Roshong forced him to drop it and took charge of it himself.
It seemed that Roshong had " fixed " himself for the meeting. He had ground down a corn-knife into a weapon of fearful proportions, with a resemblance to a mammoth bowie-knife or an Arkansas " tooth- pick." He carried this weapon habitually, and when he displayed it to the negro, the latter took to his heels.
MURDER OF NATHAN B. MIDDAUGH.
On the 4th of June, 1884, Nathan B. Middaugh, a respectable farmer of Kidder township, living two miles east of Cameron, was murdered by John W. DeHart. The latter had rented some land from Middaugh, and lived near him. Some difficulty had arisen between them regarding their business, and it is said that De Hart bore a serious grudge against Middaugh for another reason.
DeHart was a young married man, of a respectable family and possessing a more than ordinary education. But when roused he had a fiery temper and was a dangerous man to encounter. He was accustomed to haul his milk every morning to the factory, and in order to reach the main road he drove through Middaugh's dooryard. After the quarrel between him and Middaugh had progressed to some extent, Middaugh put a light fence around his dooryard to prevent DeHart from passing through.
On the morning of the tragedy DeHart came along with his wagon and drove through and over Middaugh's yard fence, breaking it down.
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As he was passing through the yard Middaugh called to him, and when he stopped told him he must not pass through his dooryard any more. At once DeHart sprang up in his wagon, pulled off his coat, threw it upon the seat, and jumping out of the wagon swore that the quarrel between them should be settled then and there. And it was. Within a few seconds DeHart had knocked down Middaugh with an ax, crush- ing his skull in four places and giving him mortal wounds from which he died in a few hours.
The following testimony relating to the particulars of the murder was sworn to by the widow and son of the murdered man : -
Mrs. Middaugh's Testimony. - When DeHart drove up my hus- band said, " I want to speak to him." He said to him not to drive across the yard. DeHart drew his coat and jumped out of the wagon and made a strike at my husband, but he knocked the liek off. Then I ran out and told them not to have any fuss. My husband said he did not want any fuss, and for DeHart not to hit him again. I told DeHart to get off the yard and settle the business right without having any fuss. Nathan said, " Susan, you have a perfect right to order him off the yard." He then told De Hart to let him alone, for he did not want any trouble with him. I told them then they must not fuss and stood between them, but DeHart would not move. I said, " DeHart, what harm have I ever done you that you should act in this way in my yard?" He an- swered and said, " Mrs. Middaugh, you never did me any harm, but this d-d rascal has," meaning my husband. My husband says, " Why, have you not done harm? You have struck me, and she has ordered you off; and now you get out of this yard." Then DeHart said, " You have meddled with me long enough, and, d-n you, I allow to kill you." DeHart then struck at him with a piece of board and broke it. Then my husband threw a spring of a spring seat at DeHart and missed him. DeHart ran and got the ax, and said, "D-n you, I will kill you." As he came with the ax he jumped over a plank, one end of which was in the wagon wheel, and struck my husband with the ax. Nathan, my husband, said, "Oh ! my God !" DeHart struck him again, and that brought him to his knees. I then turned my back. I heard him strike two more licks ; then I went into the house. DeHart threw the ax down in the yard and got in his wagon and drove off.
Benjamin Middaugh's Testimony. - When DeHart drove up to the yard I was looking out of the window. Pa said, " I want to ask you one word," and DeHart said, " What is it?" Pa said, " I don't want you to drive through this yard any more," and DeHart said " I have this ground rented, and I will drive wherever I please." Pa said, " I have the boards and wagon setting there. I want you to drive around," and DeHart jumped up, pulled his coat off, threw it in the seat and jumped out of the wagon and grabbed a board and
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struck at pa, but pa knocked the lick off, and DeHart said, " I will kill you," and grabbed a board and broke it over pa's shoulder, and pa throwed a spring at him and missed him, and DeHart said, " D-n you, I will kill you," and ran to the chopping block and got the ax and came running out and struck pa on the forehead, and I think it glanced and struck him on the arm ; and DeHart struck him again and pa went down on his knees, and he struck him again and pa fell on his side. It was about about half past eight a. m.
BENJ. MIDDAUGH.
Subscribed and sworn to before me this the 5th day of June, 1884. ELIAS BROWN, J. P.
DeHart was arrested and confined in Kingston jail awaiting his trial. Before he was tried he escaped from jail one evening, but was . caught by Sheriff Clevenger just as he was climbing the fence enclosing the public square. A prisoner who had escaped a few nights previously had kindly sawed the iron gratings of the jail, so that DeHart could snap them off in a twinkling, and this advantage he was swift to improve.
At the February term of the circuit court, 1885, DeHart was tried at Kingston, and February 28 was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. He is still in the penitentiary.
MURDER OF PETER L. BOULTON.
November 11, 1883, Peter L. Boulton, an aged citizen of Mirabile township, living just west of Old Far West, was beaten to death by his demented son, Homer L. Boulton. The murder occurred early in the morning. The father tried to take a shot-gun from his son, when the latter became infuriated, knocked his father down, and also his sister, and followed his fleeing father into the house, where he crushed his skull in a shocking manner. He then tried to kill the other mnem- bers of the family. He was indicted and tried for murder, but acquitted on the ground of insanity, and is now an inmate of the St. Joseph Asylum. The testimony of his mother and sisters convicted him, and at the same time established his irresponsibility.
KILLING OF JOHN Q. GRAY BY WM. M'DONALD, JR.
On the 6th of July, 1885, in Lisbonville, Ray county, John Q. Gray was shot and killed by Wm. W. McDonald, a young man about 21 years of age. The homicide occurred within 500 feet of the Caldwell line - indeed, within 100 feet - and both men were citizens of Rock- ford township, in this county, living near Lisbonville. Mr. Gray was
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past 50 years of age, and left a wife and children. He was a man of good character, and his death was universally regretted.
A year or more previous to the tragedy a wagon laden with goods for a merchant in Polo, and coming from Lawson, was mired near Lisbonville, and remained in the road over night unguarded. Some of the contents, including some pairs of boots, were stolen, and the owner swore out a search warrant, and proceeded to search certain houses in the neighborhood. Among others searched was that of Wm. G. McDonald, an old resident and a respected citizen of the county, one of the wealthiest and best farmers of Rockford township. None of the stolen goods were found at the McDonald residence, and nothing implicating any member of the family in the theft was brought to light ; and Mr. McDonald and his household were greatly indignant that anything like suspicion should attach itself to any one of them, and considered the search a gross and inexcusable outrage. For some reason the family believed that Mr. Gray had caused the war- rant to be issued and directed against them; but this Mr. Gray denied.
On the day of the tragedy Mr. McDonald and his son William had rode into Lisbonville, and Mr. Gray was also there. The two McDonalds were in front of a store when Gray appeared, walking from the mill with a sack of flour on his shoulder. Young McDonald said to his father, "There is old Gray; I am going to tackle him about them boots." Mr. McDonald replied, " Oh, let him alone." Young McDonald approached Gray and accosted him with an epithet too vile to be printed. A wordy altercation resulted, and finally Gray put down his sack and walked toward McDonald. The latter drew a revolver, and Gray picked up a stone, but whether McDonald dis- played the revolver before Gray seized the stone is a matter of controversy. As Gray walked toward McDonald the latter said, " John Gray, you are walking into your grave, if you only knew it." McDonald at last shot Gray twice, both balls taking effect in his left breast. Wm. McDonald, Sr .; ran up and struck Gray twice with his fist, after he had been shot. Gray walked into the store, in front of which the McDonalds had been sitting, and after a few words fell and died in a few minutes. A dozen men, probably, saw the whole affair from first to last, and never offered to interfere.
The McDonalds mounted their horses and left the village unmo- lested. Young McDonald fled the country, and was absent a few weeks when he returned and voluntarily surrendered himself to the authorities of Ray county. His preliminary examination resulted in
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HISTORY OF CALDWELL COUNTY.
his commitment to jail at Richmond, where he now is, having been indicted by the Ray county grand jury, at the fall term of the circuit court.
The grand jury of Ray county refused to indict Wm. McDonald, Sr., but the Caldwell county grand jury, at its October term, found a true bill against him as principal in the second degree. Some days afterward he surrendered himself into the custody of Sheriff Clevenger and by his attorneys made application to the Court of Appeals at Kansas City for a writ of habeas corpus. The petition was argued before Judges Phillips and Ellison, resulting in the granting of the writ and discharge of McDonald on the ground that section 1697 of the Revised Statutes of 1879 is unconstitutional. That section pro- vides that either county may have jurisdiction where an offense has been committed within 500 yards of the boundary line, etc. Judge Phillips delivered a lengthy opinion in the matter, defining an indict- ment, where and by whom found, and by whom a man should be tried. That running the gauntlet in one county and then being taken in hand by another, is a dual proceeding without any common-law precedent. The county where the crime is committed fixes the venue, and there he must be tried, except removed for cause - the Legisla- ture having no more right to fix a limit of 500 yards than five miles, etc.
A suit for damages in the sum of $5,000, for assisting in the murder of her husband, was begun by Mrs. Gray against Mr. McDonald, and this suit is still pending.
MURDER OF CAPT. ISAAC N. HEMRY.
On Sunday morning, August 30, 1885, Capt. Isaac N. Hemry was assassinated on what is known as the Kenney farm, about one mile and a half west of Kidder. At the time of his death Capt. Hemry was in charge of the farm as the agent of a banking firm in Gallatin. The farm, a large and valuable one, consisting of several hundred acres, had formerly been in possession and ownership of Hon. P. S. Kenney, but after a long process of litigation had been sold by a decree of court to the bank, the judgment creditor of Mr. Kenney. (It is proper to say that Judge Kenney and his wife yet claim the property, or a considerable portion of it, and that the matter is in process of legal adjudication. )
Upon obtaining the farm the bank dispossessd Judge Kenney and placed Capt. Hemry in charge. In March, 1885, a body composed of two brothers of Judge Kenney, his wife and some other persons made a
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descent on the fine residence, almost baronial in appearance, which Judge Kenney had built on the farm, and where Hemry was living at the time, forcibly ejected him and his family and removed them and their effects away. Soon after, however, the authorities placed Hemry again in possession.
On the morning of the assassination Capt. Hemry rose at about 6 o'clock and mounting a horse rode to the back of the farm, half a mile west, to salt some cattle which he was pasturing. His son, Grant Hemry, a lad 16 years of age, was engaged near the house in attend- ing to some cows. His wife was about her domestic duties.
Suddenly Grant Hemry and his mother heard a gun-shot, apparently made near the place where they knew Capt. Hemry had gone. In a few seconds another report was heard. Suspicioning what had happened, young Hemry mounted a horse and galloped rapidly to the spot. Ar- riving at the pasture the first object that attracted his attention was a man walking in the direction of the timber near by, carrying a gun leading his father's horse. Riding nearer, the man turned and stopped, presenting his gun in a threatening manner. The lad halted, dismounted, placed the horse between himself and the assassin, and remained a few seconds. The man walked to the edge of the timber, fastened the horse, and disappeared into the woods.
Young Hemry then retraced his route to look for his father, and after a little search found him. He was yet alive, but died in a few moments. The boy raised the head of his dying father and asked him, " O, father ! Will you die?" The father answered feebly, " Yes." " Who shot you?" asked the boy. Capt. Hemry made a motion with his hand in the direction which the assassin had gone, and almost immediately afterward expired. The boy then mounted his horse and rode rapidly to Kidder and gave the alarm. In a few hours scores of men were at the scene, and there was great excitement.
The coroner's inquest held that day had before it a large number of persons, all living near by, but found only that the assassin had fired from behind a hedge fence ; that he had evidently used a double- barreled shot-gun loaded heavily with buckshot; that he had fired both barrels; that nine shots had struck the body, one above the left temple ; that Capt, Hemry was unaware of his murderer's presence un- til after the first shot; and further, upon the testimony of young Hemry that the assassin was closely masked, and was a stout heavily built man. The body was buried the following day in the Hamilton cemetery, by the Grand Army of the Republic, of which organization the deceased had been a member.
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At the time of his death Capt. Hemry was about 54 years of age. He was a native of Ohio, but came to this county some years before the war. He entered the Federal army in the early summer of 1861, as a lientenant in James' company of Home Guards, and was con- nected with the Union service in one capacity or other until the close of the war. A portion of the time he was an officer in the militia, and while serving in that capacity was somewhat noted for his un- compromising hostility toward the rebels, and his harsh treatment of them at times. While operating in Ray county at one time he caused two of his prisoners to be shot, and the present sheriff of Ray county barely escaped execution at his hands. During the war, however, many of Confederate sympathies allege that they received numerous favors at the hands of Capt. Hemry ; he married a daughter of Capt. Thompson, who had led the Caldwell county Confederate company.
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