USA > Missouri > Cooper County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 77
USA > Missouri > Howard County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 77
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At the same time, Colonel Crittenden, with about one hundred men, was seen steaming up the river in a boat, but on learning the situation of affairs at Boonville, he dropped down the river and landed a short distance below, in Howard county.
General Shelby remained in Boonville the balance of the after- noon of that day, and encamped for the night west of the city on the Georgetown road. He came here to obtain supplies, such as clothing and provisions, which they found in great abundance, and which they took, wherever found. M. J. Werthiemer, and Messrs. Lamy & McFadden were the greatest sufferers, each losing about $4,000 in clothing. The Confederate troops did not molest any person during their stay ; not a single man was killed or wounded, and they were very polite and gentlemanly to every person.
While the Confederates were in Boonville, the Federals, under General Brown, were close behind them, and on the 11th day of October, were within eight miles of Boonville, on the Bell Air road, On that day General Brown moved a portion of his troops west to the junction of the Sulphur Springs and the Boonville and Georgetown roads, which is about seven miles southwest of Boonville. But dur- ing the night he marched his command back again to the Bell Air road, and camped near Bellingsville. The next morning after Gen- eral Shelby had left, the Federals passed through Boonville in pursuit, their advance just behind the Confederate rear guard. Two of Gen- eral Shelby's men who had stopped at Mr. Labbo's house, about one and one-half miles west of Boonville to get their breakfast, were killed by some Federal scouts as they appeared at the front door, in order to make their escape.
A running fight was kept up at intervals, all along the route from Boonville to Marshall. The fight became pretty spirited between the Sulphur Springs and Dug Ford ; and at Dug Ford two Federals were killed and fell from their horses into the water. During this long running fight there was quiet a number killed on each side, but the number is not known.
At Marshall, a battle took place, in which a number were killed and wounded on each side. But General Shelby succeeded in eseap- ing from his pursuers with the loss of only a small portion of the stores which he had obtained at Boonville.
This raid, of course, produced great excitement, and in the heat of passion, considerable censure was heaped upon the commanding officer, whether justly or unjustly, is left to the reader to determine. General Shelby succeeded in getting back to his lines without any
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great loss, but whether his entire anticipations in regard to obtaining supplies and reinforcements were fully realized, is not known. Major Leonard and Colonel Crittenden crossed their commands over the river to Boonville about ten o'clock on the morning of the 12th, and after stopping for dinner, they started in the direction of Marshall. Boonville, then, was once more clear of troops, and the citizens had time to gather together provisions to feed the next lot of hungry soldiers who happened to land there, whether they were Federals or Confederates. Thus ended the famous " Shelby's Raid," as far as Cooper county was concerned.
PRICE'S RAID INTO COOPER COUNTY.
The Federal troops in the fall of 1864, having all abandoned Boonville, three companies of home guards were organized for the protection of the city against what were known as the bush- whackers. One company was commanded by Captain Horace Shoe- maker, another by Captain Harrison Thompson, and the third by The two last mentioned companies were composed of men belonging to both parties, who had joined these companies with the understanding that they would only be required to protect the city against bushwhackers and plunderers, and would not be com- pelled, against their wills, to fight against the regular southern troops.
Although there were frequent alarms, the bushwhackers never attacked Boonville, but often during the war made raids through the county, in which many citizens were killed. They always took any- thing they wished, no matter in whose hands it was found. There were also bands of robbers moving continually through the county, who cared nothing for either party, and who robbed and killed with- out discrimination or regard to party. During the year 1864 many good citizens, belonging to each side, were shot down, first by one party and then by another, and many citizens abandoned their homes, seeking places of more security. The details of these murders and robberies are too disgraceful and sickening to enumerate in this brief history.
On the 11th day of October, 1864, scouts brought information that a large hostile force was approaching Boonville. These three companies, being under the impression that these were Anderson's bushwhackers, immediately erected a strong barricade across Fifth street, at Thespian hall, in Boonville. They were strengthened in the belief that these were bushwhackers from the fact that they
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had received a dispatch that afternoon from Mexico, Missouri, stating that General Price had been repulsed at Jefferson City, and was re- treating by way of Tipton.
So these companies of home guards, expecting no quarter from Anderson's meu, prepared to sell their lives as dearly as they could, thinking, any way, that it would be certain death to fall into the hands of Bill Anderson. Soon afterwards Shelby's command entered the town with a dash, killing a German scout near Mrs. Muir's residence, about one mile east of Boonville. The home guard fired one round at the advance guard of Shelby's command as they advanced along Vine street, near the Baptist church, but their fire injured no one.
Learning that this was but the advance guard of General Price's large army, and that resistance would be useless, the home guards surrendered as prisoners of war. These prisoners were quartered at the court-house and closely guarded, but the commissioned officers were paroled. General Shelby, with his command, entered about sundown on the above mentioned day. General Price and his staff made their headquarters at the City hotel, on Morgan street. On Tuesday, the 13th day of October, the prisoners were marched in front of the city hall, ranged in line, and General Price made them a speech and gave orders for their parole, on the condition that if they were ever found with arms against the south they would be shot.
Price had about 20,000 men, many of them late Missouri recruits, without arms. Some of his command were well armed and drilled, but the greater part were very poorly armed. Their general conduct toward the citizens during their stay in Boonville was good.
On the night of the 13th, while Captain Shoemaker, who was on parole, was going from Captain John Porter's house to his residence, on the corner of Central avenue and Sixth streets, he was captured by some men who were afterwards discovered to be Anderson's men, taken to the Fair grounds, killed, and his body thrown into the river. Two men, named Neef and Boller, were killed near their homes, about four miles west of Boonville ; also a negro man who was concealed in a corn-shock on the farm of J. M. Nelson, situated two miles west of Boonville. These were all the persons killed in this part of the county, who were not slain in battle, whose names are now recollected.
Thousands of volunteers in Missouri flocked to the standard of General Price, believing that he would be able to hold the state. The rear guard of General Price's army, and the advance guard of Gen-
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eral Sanborn's command, skirmished, at intervals, from Jefferson City to Boonville. General Sanborn's command consisted of about 4,000 mounted men. The infantry command under General A. J. Smith, was also in pursuit, but never came within fighting distance of the Confederates.
There was considerable skirmishing and some hard fighting sonth and southeast of Boonville, during Price's three day's sojourn at that place, in which a number were killed and wounded on both sides. The Arkansas militia, under the command of General Fagan, who were left to protect the rear of General Price's army, were the greatest sufferers among the Confederates.
A dash was made upon General Price's out posts by a few con- panies of Federals, who came so near Boonville that the firing could be heard and the smoke of the battle seen from the city. General Price's artillery was brought into requisition and soon compelled the Federals to retire. The greater part of Price's regulars was then called out, and a general charge having been made all along the line, the Federal army fell back on the road leading from Jefferson City to Georgeton, via Bell Air, and following that road, camped about four miles west of Bell Air, near the farm of A. J. Read.
Price's army left Boonville during the night of the 14th of October, having remained there three days. His army took all the horses in the northern part, and the Federal troops all in the southern part of the county. Both parties foraged upon the people of the county for the support of their respective armies, and left the county pretty destitute, especially of horses, hardly a good one being left. This was virtually the end of the war as far as Cooper county was con- cerned - no more battles being fought in it between organized armies.
The partisan warfare in Cooper county became pretty bloody during the summer and fall of 1864. The details of this warfare the writer must be excused from recording, as the task would not only be difficult, but serve to recall to the minds of many, unpleasant remin- iscenses.
CHAPTER XVII. BENCH AND BAR - CRIMES AND SUICIDES.
Payton R. Hayden - James Winston - Jndge John C. Richardson - Littleberry Hen- dricks - Judge Benjamin Tompkins - Hon. John G. Miller - Thomas Jefferson Boggs - William Douglas, Esq. - Captain Joseph L. Stephens - Present Attor- neys - Crimes and Incidents - Luke Harris - Jack Harris - John Brown and Emma Jane Brown - Otterville Train Robbery - Pilot Grove Tragedy - Estella A. Wilbur - A. B. Thornton Instantly Killed - Suicide - Albert Edwards.
PEYTON R. HAYDEN.
The pioneer lawyer of Boonville and of Cooper county was Pey- ton R. Hayden, who was one of the most distinguished members, in his day, of the Missouri bar. He was a native of Kentucky, and was born near Paris, Bourbon county, February 8, 1796. He came to How- ard county, Missouri, in 1818, and located in Boonville in 1819, after having taught a school near the old town of Franklin. Asa lawyer he was popular and successful. He was a strong, vigorous and argu- mentative speaker, never indulging in flights of oratory, but seldom failed to make a favorable impression on the minds of a jury. He prepared his cases with great care, was very methodical, and carried with him around the circuit a book which he called " Hayden's Digest." It contained a synopsis of each case in which he was re- tained, with the authorities on which he relied. He was fond of anecdote, and was good at repartee. In manner, Mr. Hayden was rather dignified, but always kind and courteous in his intercourse with others, and especially with the members of the bar. He died in Boonville, on December 26, 1855, comparatively young, being then in his sixtieth year.
JAMES WINSTON
was a rough diamond ; a natural orator, unadorned, unrefined and un- polished. The gift of swaying the minds of men and leading them captive he inherited from his grandfather, the great Revolutionary orator, Patrick Henry, his mother being the youngest daughter of that distinguished patriot. Mr. Winston was born in 1813, but whether in Virginia or North Carolina, is a matter of some doubt. Although deficient in his early education, he was a constant reader,
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and, possessing a most retentive memory, was enabled to accumulate a large amount of historical, biographical, scientific and legal know- ledge. His knowledge of ancient history was profound, but he was chiefly distinguished for his brilliant conversational powers. He came to Boonville in 1834, but afterwards moved to Benton county. He was elected to the state senate in 1850, and became so popular as a whig, he was the nominee of that party in 1852 for governor. His opponent in the race was Sterling Price. He generally travelled on foot in attending courts or canvassing the state. He was careless in his dress, and was fond of hunting and fishing. He had a good prac- tice, and as a declaimer he was witty, sarcastic and humorous, and was not excelled by any of his brethren as a punster. He has been dead many years.
JUDGE JOHN C. RICHARDSON.
Judge Bay, in his " Bench and Bar" of Missouri, says: " If called upon to furnish a model of a good lawyer, a good citizen, and one who was most deservedly ranked as one of God's noblemen, we should instinctively name John C. Richardson."
Judge Richardson was a native of Kentucky, where he was born about 1817. He received his legal education at Transylvania Univers- ity. He came to Missouri in 1840, and settled in Boonville, where he remained until 1850, when he moved to St. Louis, and formed a law partnership with Sinclair Kirtley. He was afterwards a partner of Samuel T. Glover. In 1853 he held the position of city counsellor of St. Louis. In 1857 he was elected to a seat on the supreme bench of the state, and continued to fill the same until 1859, when he re- signed on account of ill health. He died in St. Louis, September 21, 1860, in the 42d year of his age. As a judge, his decisions were clear, lucid and profound. Nature had provided him with all the elements of a successful lawyer. His mind was purely logical, and he delighted in legal research. He was not an orator, but, as a speaker, was earnest, impressive, fluent and convincing.
LITTLEBERRY HENDRICKS.
In 1833 the subject of this sketch crossed the Missouri river at Boonville and wended his way on foot to the extreme southwestern part of the state. As he entered the village of Springfield, Missouri, with a small bundle of clothes suspended at the end of a stick, which he carried over his shoulder, he presented a forlorn appearance. Upon inquiring of the village landlord if there was an attorney in the place,
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he was informed there was none, and being in search of a location, he was determined to piteh his tent in the eity of the Ozark range.
He was born in Virginia about the year 1800, and in early life was a mechanie. He came to Howard county, Missouri, about 1830, and elerking for a short time in the law office of Judge Leonard at Fayette, he located in Boonville, and resided here until 1833, as al- ready stated.
In 1844 he was the nominee of the whig party for lieutenant-gov- ernor. He was appointed judge of the fourteenth judicial circuit by Governor Gamble, and discharged the duties of the office with marked ability and great satisfaction.
He died in Springfield January 10, 1863, at the age of sixty- three years. He was a man of spotless integrity and exceedingly lib- eral in his charities. He took a bold stand in favor of temperance and reformation. Though born in a slave state, he stood manfully by the government in the war of 1861.
JUDGE BENJAMIN TOMPKINS.
Like many of the early lawyers of eentral Missouri, Judge Tomp- kins came from Kentucky- from Lexington, in 1836 - and located in Boonville, where he began the practice of his profession. About the year 1855 he became judge of the court of common pleas, and as such gave great satisfaction. He was elected to the lower house of the general assembly from Cooper county in 1848-50-52. He was also, for a short time prior to 1878, editor of the Boonville Advertiser.
He was a man of excellent education, but was an indifferent speaker. He was genial and kind, and possessed many good traits of character. He left Boonville a few years ago to accept a position as clerk in the commissary department at Jeffersonville, Indiana, where he now resides. .
HON. JOHN G. MILLER.
Not only did some of the members of the bar, who lived in Boon- ville in the early history of Cooper county, grace the highest judicial positions in the state, but others were elevated to seats in the national congress.
The subject of this sketch was thus twice honored. and was a member of that august body at the time of his death, which occurred in 1854.
Mr. Miller was also a native Kentuekian, and was born about 1810. He was a good lawyer and a successful practitioner, both he-
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fore the court and jury. He was afflicted with rheumatism, and in consequence thereof had one of his legs amputated while sojonrning at the home of his father-in-law, in Saline county, and died soon after.
He was a publie-spirited and enterprising citizen, and ably and efficiently represented the people of his district in congress. Polit- ically he was a democrat, and served his party with great earnestness and fidelity.
THOMAS JEFFERSON BOGGS
is remembered by the old citizens of Cooper county as one of the most ardent and distinguished whigs in Missouri, having faithfully followed the fortunes of that grand old party until it ceased to exist.
Mr. Boggs was a native of Lexington, Kentucky, and was born about the beginning of the present century. He emigrated to Mis- souri about the year 1821, stopping first at Old Franklin, in Howard county. He remained there until the town began to decline, and then became a citizen of the then thriving city of Boonville. During his residence in Old Franklin he acted as second to Judge Abiel Leonard in the duel that was fought on Wolfe island, in the lower Mississippi, between that gentleman and Taylor Berry, in 1824, a full account of which is given in the history of the " Bench and Bar" of Howard county in this book.
Mr. Boggs was a brother of Lilburn W. Boggs, who was at one time governor of Missouri, but differed widely from him in politics, his brother being a prominent democrat.
As a lawyer he was considered a safe counsellor, but was modest and retiring in his disposition, and reticent, especially in the company of strangers ; he was, however, after becoming acquainted, always genial, and a fine conversationalist. He went to California in 1849.
WILLIAM DOUGLAS, ESQ.
One of the ablest and at the same time one of the most brilliant men who ever practised law in central Missouri was the man whose name stands at the head of this sketch. Like the great Stephen A. Douglas, he was an eloquent and ready speaker, and as an orator was not in- ferior to any of his contemporaries in this portion of Missouri.
Mr. Douglas was a native of Virginia, whence he came about the year 1850 to Boonville, where he commenced the practice of his pro- fession. Here he soon enjoyed a lucrative practice. He was chosen as the orator of the occasion, upon the event of the laying of the corner-stone of the Thespian hall, in Boonville, at which time he
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greatly distinguished himself as a public speaker. He, like many others, believing that the future great city of the west would be Kan- sas City, left Boonville in 18- and took up his residence in the former city, where he continued to practice his profession until his death.
CAPTAIN JOSEPH L. STEPIIENS.
Among the honored names of the men who practised their pro- fession at the bar of Cooper county, there is none that shines with greater resplendence than that of Captain Joseph L. Stephens. He was born in Cooper county, January 15, 1826, and was the son of Lawrence C. and Margaret P. Stephens, the former from Virginia and the latter from North Carolina. He was raised a farmer, obtained his early education at the common schools of the county, and finally was graduated at the high school of Boonville. He entered the law office of Hon. John G. Miller, in 1844, and during two years was a close student, spending a few months, however, of cach year teaching school, as a means of supporting himself while preparing for his profession. He completed his studies in 1847, and after that practised law in Cooper county, in the court of claims at Washington, D. C., and in the supreme court of the United States, until 1864, when, because of an affection of the throat, he was compelled to give up his profession. In 1857 he was a partner of Senator G. G. Vest, the partnership con- tinning until the breaking out of the war of 1861. He was county attorney in 1851. As a lawyer in early life, Captain Stephens was a brilliant success. He was also a success as a financier, successful in his railroad enterprises, and successful in all the varied conditions and pursuits of life, wherein he was called to labor. He died August 11, 1881, at his home in Boonville, honored and esteemed by all who knew him.
(For a more complete sketch of Captain Stephens see biographies. )
CRIMES AND SUICIDES.
Although sixty-five years have passed since Cooper county was organized. there have been but three executions in all its history, the first two occurring in 1826 and in 1830, and the third and last in 1879, there being an interval of nearly fifty years between the second and last executions. This fact ( only three executions ) speaks vol- umes for the morals of the people of the county, and shows unmistak- able evidence of their character as order-loving and law-abiding citizens. Many younger counties, with less population, have a much blacker criminal calender than old Cooper. There were a number of
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crimes committed, 'tis true, during the war of the rebellion, in differ- ent parts of the county - some of them being as foul and as atrocious as ever disgraced the annals of any county - but barring these, which were common during the war to all sections of the country, there have been, we say, but comparatively few erimes in Cooper county since the date of its organization.
LUKE HARRIS.
The first execution that occurred in Cooper county, as already stated, took place in 1826. Luke Harris, a slave, killed his master, Hezekiah Harris, on the 19th day of May, 1826, under the following circumstances :
Luke was in the field of corn, plowing. His master followed out after him, to see how Luke was getting on. While there he told Luke that he talked too loud to the horse that was in the plow, and told him that he must not make so much noise. Luke continued to make as much noise as ever, when his master took the lines and plowed some himself, to show Luke that he could plow without being so noisy. When Harris had been plowing a round or two, Luke told him that he ( Harris) made as much noise as he did. Harris under- took to whip Luke for his impudence, when Luke stabbed him with a butcher-knife under the shoulder, killing him instantly. For this crime he was exeented, being the first person hung in Cooper county.
JACK HARRIS.
On the evening of July 30, 1830, four years after Harris was killed, two negroes, one the slave of John B. Harris, and the other the slave of John Gabriel, killed the latter (John Gabriel), in a most outrageous manner.
It appears from the developments afterwards made, and the tes- timony in the trial of the case, that Mr. Gabriel owned and operated a distillery in Lamine township ; that he had at his house a nail keg full of silver dollars; that his wife, who was a widow at the time he married her, had one child -a son - who was a grown up man ; that they desiring to possess themselves of Gabriel's money, hired Jack Harris and Edmond Gabriel ( the two negroes above referred to ) to kill him. JJack came to the house after dark and hallooed from the road. Gabriel, who was a very old man, answered the call, when Jack told him he came to buy some whiskey. Gabriel lighted a eandle and went down to the distillery, which was located on a branch but a short distance from his house, to get the whiskey. While there, the
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two negroes killed him with an axe, by striking him in the forehead with the edge, cleaving the skull, which killed the old man instantly. They dragged his body to a stable and left it on the inside, thinking it would be supposed that the deceased had been kicked by a horse. The next day Jack was seen in Boonville with considerable money. In the meantime the news of the old man's death had been heard in town, and Jack, being suspected, was arrested. Edmond was also arrested the same day. The latter turned state's evidence. Jack was tried, and hung in 1830. Edmond was taken south and sold. Nothing positive was proven against Mrs. Gabriel and her son. They left the county soon after the trial, moving to Texas, where, it is said, the son was hung for stealing horses.
JOHN BROWN AND EMMA JANE BROWN.
In February, 1879, the body of George Brown was found in the county, near Draffen's coal bank, where it had been thrown by John Brown and Emma Jane Brown, the former being his son and the latter his wife. George Brown, Jr., testified that he left Howard county, Indiana, in the summer of 1878, for Kansas, with his father, George Brown, Sr., and wife Emma Jane Brown, who was his step-mother, and John and Sarah, his brother and sister.
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