History of Johnson County, Missouri, Part 24

Author: Cockrell, Ewing
Publication date: 1918
Publisher: Topeka, Kan. : Historical Publishing Co.
Number of Pages: 1234

USA > Missouri > Johnson County > History of Johnson County, Missouri > 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).

G. W. Harrison came here in the seventies from a farm south of

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HISTORY OF JOHNSON COUNTY

Knob Noster. He studied law, was admitted to the bar and has been living here ever since.

R. M. Robertson came here from Hickory county and was admitted to the bar in 1878. He was active in Republican politics and was one of the few Republicans elected to office in the county. He was city attorney ten years, then prosecuting attorney and representative and is still practicing.

J. M. Crutchfield was born in Missouri, admitted to the bar in 1884, after having been several years a school teacher. He read law in office of Crittenden and Cockrell. He was energetic and had an active practice. He has been practicing law ever since and is still active.

John W. Brown came soon after the war and was early prominent in Republican politics. He was county attorney in 1870 and later became postmaster. Subsequently he became justice of the peace, serv- ing as such twenty years. Lawyers of all parties regarded him as one of the best justices ever in the county. He is still living.

E. A. Nickerson came here in 1866 and was one of the prominent and best educated lawyers of his day. He handled no collection busi- ness and limited himself to selected cases. He was a delegate to the constitutional convention of 1875, which framed our present constitu- tion. He is still living and of active intelligence and ability.

Captain A. M. Greer served the Union throughout the Civil War in Illinois troops, enlisted as private and successively was promoted until he commanded a company for the last year and a half. He came to Knob Noster in 1869, was elected prosecuting attorney in 1872 and has been in active practice ever since. He has also helped many soldiers in pension cases. Of late years he has given most of his time to probate business, has the largest practice of this kind of any lawyer here and in it has also given to many widows and orphans much needed help of which the world knew nothing.

The next generation of lawyers now practicing in the county are: Warrensburg, Max D. Aber, Nick M. Bradley, S. J. Caudle, W. L. Chaney, W. C. McDonald, J. R. Rothwell, William E. Suddath, all of Warrensburg: Holden, A. Musser, L. B. Sturgis; Knob Noster, E. C. Littlefield.

The complete list of court stenographers in the order of their service is: W. A. Morrow, Miss Eda Vernaz, Alf Fidler, M. D. Aber,

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HISTORY OF JOHNSON COUNTY

J. D. Dunlop, R. E. Jones, Charles Sadler and Charles W. Fulkerson.

Since the Civil War there has been in general a steady decrease in litigation. This has been due to matters becoming more settled, to the people learning the law, and to the generally prevalent and excel- lent quality of the bar of the county to settle matters without suit, as far as possible. The following table shows the average number of cases on the docket for one term during the years given. The increase in "quiet title" cases is not on account of contests but chiefly to increased technical requirements by title examiners, which can be met only by these suits.

Average number of cases at a term:

Year

Quiet Title

Other Court Divorce Cases

Civil Jury Cases

Total Civil Cases

Crimi- nal Cases

Total All Cases

1867

191

126

317

1877

247

294

1887

179

204

1897

109

1907

133

1917

109

"THE OLD COURT HOUSE." (By Mel. P. Moody.)

The old Court House, its glory gone,

Yields not to gloom, nor swift decay, Courageously it still holds on, And renders service every day.

Content it stands upon its hill.

By court deserted yet not by man, Beneath its roof it shelters still. The home, where order first began.

Once in its walls was heard the tongue, Of eloquent impassioned plea. Here tears were shed and hearts were wrung By olden judges' stern decree.

(II)

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HISTORY OF JOHNSON COUNTY

Strange, that of these wondrous pleas, And decisions of judicial sense, All have perished with their fees, Save the story of a dog's defense.

In the old court house in Warrensburg Senator George G. Vest delivered his famous eulogy of the dog. A bronze tablet upon its walls commemorates this event.

THE TRUE STORY OF "OLD DRUM." (By Walter L. Chaney.)

[An account of Missouri's most famous "dog case" and of Senator Vest's world-famous tribute to the canine fidelity presented for the first time, from original court records.]

During the autumn of 1869, five miles southwest of Kingsville, lived Leonidas Hornsby, and a mile south of him lived his neighbor, Charles Burden. At this time there was still wild game. Men kept hounds for the chase. Charles Burden kept a pack. Wolves had multiplied, there were still some deer in western Missouri, the raccoon was plentiful, and foxes and other wild anmials were still to be found. The hunters learned by the baying of the dogs and the direction and manner of the chase what sort of game was being followed. Some of the dogs were better than others at telling the story to their hunter owners ; some dogs "never lied;" some dogs sometimes failed and other dogs could never be depended upon.

There was one dog in Charles Burden's pack that "never lied." He was supposed to be about five years old; in color he was black and tan, with black body, tan legs and muzzle. This mighty hunter was named "Old Drum." His owner believed he had some bloodhound in him. He would trail a man and was good for wolves, "varmints," and the like. Charles Burden regarded him as the best deer dog he had ever owned. He said that money would not buy "Drum."

Burden was a hunter and had crossed the plains many times. He was a strong character, six feet tall, with blue eyes and light hair, with a magnificent physique, and an iron constitution. He was ready to fight for his own, either dog or man. Burden lived in a two-room log house with a shed on the north side, down in the second bottom of Big creek.

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HISTORY OF JOHNSON COUNTY

Lon Hornsby had gathered sheep and cattle, hogs and horses, and was doing his best to farm. Hornsby was a small, wiry man with flaming red hair, and, as they say, "he was set in his way." During the summer and fall of '69 Hornsby had lost more than one hundred sheep, killed by prowling dogs. In an unadvised moment, he made a vow that he would kill the first dog that he found on his place. Hornsby did not believe that all dogs were bad, for he had sometimes hunted with his neighbors' dogs, and had repeatedly hunted with "Old Drum." But he had made the vow, and in his way of seeing things he would keep it.

On the morning of October 28. 1869, Charles Burden took his way north and east, passed Leonidas Hornsby's house to Kingsville, attended to his business there and came home. Shortly after his return, "Old Drum" started on a trail, off up the creek, in a northeast direc- tion. Burden and his brother-in-law and Frank Hornsby sat around the house smoking until about eight o'clock, when they heard the report of a gun, from the direction of Lon Hornsby's. No more shots were heard. But Burden was fearful that they had killed one of his dogs. He went out to listen but could hear nothing. He blew his hunting horn for the dogs, and all came up but "Old Drum." Again and again called the old horn, but "Old Drum" did not answer, nor did he come. No more would "Old Drum" answer Burden's hunting horn.

On this autumn day Lon Hornsby and Dick Ferguson had been hunting. After they returned home about eight o'clock someone said that a dog was in the yard. Lon Hornsby told Dick to get the gun and shoot the dog. He went and got the gun. Dick stepped out doors; there was no moon; a dark dog was in the shadow of a tree some thirty steps away. There was a report of the gun fire, and then the yelping and howling of a dog mortally wounded. He ran south- west and jumped over the style-block. The crying of the wounded dog grew weaker and fainter until it died away, and then the silence of a dark night brooded over the land.

Next morning Charles Burden began the search for his dog. When he came to the home of Lon Hornsby, Hornsby said that Dick had shot a dog: that he thought it was Davenport's dog. Dick showed Burden where the dog was when he shot him, Burden looked for traces of blood and found none. They then came back and Burden said to

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HISTORY OF JOHNSON COUNTY

Hornsby, "I'll go and see; it may be my dog. If it ain't it's all right ; if it is, it's all wrong, and I'll have satisfaction at the cost of my life."

On this morning of October 29, "Old Drum" was found just a few feet above the ford on Big creek, below Haymaker's Mill, dead, lying with his head in the water, his feet toward the dam, lying on his left side, filled with shot of different sizes, but no shot had passed through his body. Apparently "Old Drum" had been carried or dragged to this place; for there was mud on his underside; his hair was "ruffled up," and there were sorrel hairs, thought to be horse hairs, under him. Lon Hornsby owned a sorrel mule. The whole neighbor- hood seemed to have been alive around Haymaker's Mill that night of October 28. There were campers at the ford, two large families mov- ing; then two families lived within about a thousand yards of the ford; these people had heard nothing.

Burden decided that the law should vindicate him and avenge "Old Drum." Shortly he went to Kingsville and employed an attorney to bring suit. Suit was filed before Justice of the Peace Monroe, of Madi- son township, and the case was set for trial November 25. Thomas S. Jones was attorney for Burden and Nation & Allen for Hornsby, and with a cloud of witnesses in attendance, the case went to trial. The jury failed to agree, were discharged by the justice, and the case was set for trial on the justice's next "law day," December 23. Many threats were made and much bitterness was shown by the partisans at this first trial, but all went off without anyone being wounded or crippled.

In January the case went to trial, and after a heated session, was given to the jury, who found in favor of Burden in the sum of twenty- five dollars. Hornsby appealed to the Johnson County Court of Com- mon Pleas, where it was set down for trial in March, 1870. The whole neighborhood, at least the men, moved upon Warrensburg en-masse. New lawyers had been retained by both the appellant and appellee. Crittenden & Cockrell for Hornsby, and Elliott & Blodgett for Burden. At this trial Hornsby received a verdict in his favor.

Burden still sought satisfaction and after his first trial he retained more legal talent, securing Phillips & Vest from Sedalia. A motion for a new trial was filed, alleging error and setting up that the plain- tiff, Burden, had discovered new evidence. The motion was sustained and a new trial granted.

So in October in the old court house in Old Town this case went

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HISTORY OF JOHNSON COUNTY

to trial for the fourth time, with the counsel table crowded with attor- neys on both sides, and the Burden and Hornsby clans out in full force. Burden and his friends proved the facts already stated. Hornsby by himself and his witnesses showed the shooting of a dog, but denied it was "Old Drum" that was shot. He and Dick Ferguson claimed they had gone down to "Old Drum's" body and taken out lead bullets, and that the dog shot at Hornsby's was with a gun loaded with grains of corn. There was evidence that "Old Drum" was shot close to the mill where he was found and other evidence that no shot had been fired near the mill.

After all the evidence was in, the argument was made by the attor- neys. What all these lawyers said is not remembered. But one speech made to the jury is preserved to all posterity, because of its uni- versality of application to all dogs and their masters. It will forever be a monument to "Old Drum."

George G. Vest made the closing argument for his client and old Drum. Here is old Drum's monument and Senator Vest's plea :

"Gentlemen of the Jury: The best friend a man has in this world may turn against him and become his enemy. His son or daughter that he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us; those whom we trust with our happi- ness and our good name, may become traitors to their faith. The money that a man has he may lose. It flies away from him perhaps when he needs it most. A man's reputation may be sacrificed in a moment of ill considered action. The people who are prone to fall on their knees to do us honor when success is with us, may be the first to throw the stone of malice when failure settles its cloud upon our heads. The one absolutely unselfish friend that a man can have in this selfish world, the one that never deserts him, the one that never proves ungrateful or treacherous, is his dog. Gentlemen of the Jury, a man's dog stands by him in prosperity and in poverty, in health and in sick- ness. He will sleep on the cold ground where the wintry winds blow and the snow drives fierce if only he may be near his master's side. He will kiss the hand that has no food to offer : he will lick the wounds and sores that come from encounter with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. When all other friends desert he remains. When riches take wing and repu- tation falls to pieces, he is as constant in his love as the sun in its

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HISTORY OF JOHNSON COUNTY

journey through the heavens. If fortune drives the master forth an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of its company to guard against danger, to fight against his enemies, and when the last scene of all comes, and death takes the master in his embrace and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by his graveside will the noble dog be found, his head between his paws, his eyes sad but open in alert watchfulness, faithful and true even in death."

In a few moments the jury returned a verdict for Burden.

The end was not yet. Hornsby's attorneys appealed the case to the Supreme Court of Missouri. This court, however, affirmed the judgment of the lower court, affirmed that Dick Ferguson, by the direction and command of Lon Hornsby, killed old Drum, and gave Charles Burden satisfaction. The case brought a lightening of the purses of the litigants; a feast of fees for the attorneys; an enduring tribute to the fidelity and faith of the dog, and more particularly, undying fame for the memory of old Drum, "the dog that never lied."

[The report of this case, Charles Burden vs. Leonidas Hornsby. is in 50 Mo. 238.]

Out of this list of nine attorneys in this case, more than half achieved some measure of fame.

"Dave" Nation, one of the first attorneys, did not attain any degree of fame, outside of his own village, yet fame was his in a vicarious sort, for he was the husband of Carrie Nation, the woman with the hatchet. Allen was familiarly known as Captain Allen and was a maker of busi- ness, a breeder of lawsuits. The firm of Nation & Allen kept things moving, where they went along in the town of Holden. Jones lived in Kingsville, practiced law there and bore the name of "Buffalo Jones." from his drinking of what was known as "buffalo bitters."

Of the six attorneys whose names appear in the report of the case in the Supreme Court, all attained distinction. Elliott became judge of the court of common pleas in Johnson county. T. T. Crit- tenden became Governor of Missouri. Francis M. Cockrell was thirty years a United States Senator from Missouri, and afterwards a mem- ber of the Interstate Commerce Commission. John F. Phillips was made a commissioner of the Supreme Court of Missouri, and then judge of the United States District Court for the western district of Mis-

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HISTORY OF JOHNSON COUNTY

souri. George G. Vest was United States Senator from Missouri for many years and died while a member of that body. Wells Blodgett was a state senator in Missouri, afterward became vice-president and general solicitor for the Wabash railroad.

Charles Burden died a few years ago in Holden; Hornsby is dead. Of the nine lawyers, only Blodgett is living. In the bottom lands along Big creek and Lost creek, where Old Drum gave tongue as he led the baying pack, there now echo the rumble and roar of run- ning trains, the shriek of whistles and the bang of bells of locomotives of four great railroads. In the autumn the frost king still makes a riot of color along the creeks in what little woodland still stands, the blue haze of the Indian summers hangs over the fertile fields of a pros- perous people, and the fidelity of the faithful dog to his thoughtless master is the same. But old Drum lives only as a memory.

CHAPTER XXXII .- BANKS AND BANKING.

IN EARLY DAYS-EARLY WARRENSBURG BANKS-EARLY KNOB NOSTER BANKS -EARLY HOLDEN BANKS-BANKS TODAY-BANK OF HOLDEN-BANK OF KNOB NOSTER-FARMERS & COMMERCIAL BANK-CITIZENS BANK-BANK OF KINGSVILLE-BANK OF CENTERVIEW-PEOPLES NATIONAL BANK-BANK OF LATOUR-BANK OF LEETON-COMMERCIAL BANK-CHILHOWEE BANK- BANK OF MAGNOLIA-FARMERS BANK OF CHILHOWEE-AMERICAN TRUST COMPANY-PEOPLES STATE BANK-FARMERS BANK OF LEETON-FIRST NATIONAL BANK-SUMMARY.

In the early days there were no banks in Johnson county. The pioneers invariably carried what money they had on their person and all transactions in the early days were carried on by the payment of currency, or by barter and trade.

Early Warrensburg Banks .- In July, 1858, the Union Bank of Mis- souri organized a branch bank at Warrensburg. This was the first bank in Johnson county. The officers were, W. H. Colbern, president ; W. H. Anderson, cashier, and S. P. Williams, bookkeeper. The bank was organized with a capital of $100,000 and it did a large volume of business from the start. At that time there was active business going on in the county and much speculation in land. The bank loaned con- siderable money on real estate, receiving usually not less than twelve per cent. interest per annum.

When the Civil War came on it in a measure paralyzed the busi- ness of this section and not only made the banking business uncertain but the threatened invasion of either the Union or Confederate army, or both of them, created a condition which made unsafe even the money in the vaults of the bank. In June, 1861, indications were that one of the two armies would soon invade Warrensburg, and the officers of the bank decided that the safe thing to do was to hide the bank's money. They accordingly arranged with a man named John Parr, who lived two and one-half miles south of Warrensburg, to bury the money under his hearthstone. At midnight Dr. William Calhoun, W. T. Logan, W. S. Hume and W. H. Anderson took the money, which amounted to seventy-five thousand dollars, to Parr's residence. He had made

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HISTORY OF JOHNSON COUNTY

preparations for hiding the treasure, by sending away his slaves and his children so that no one but himself and wife and the parties who brought the money out would know of its hiding place. The money was placed in five strong wooden boxes, each containing fifteen thousand dollars, and placed under the hearthstone, where it remained from June until October. In the meantime the Confederate army under General Sterling Price, and the Federals, under Colonel Dare, of Illi- nois, had passed through Warrensburg and taken all the money that they could find. In October the cashier of the Union Bank of Missouri. St. Louis, Missouri, of which the Warrensburg institution was a branch, went to John Parr's place with the local officers of the bank and got their money and took it to St. Louis. After this money was hidden. the branch bank was suspended at Warrensburg, but the Union Bank of Missouri at St. Louis settled with the customers of the Warrensburg bank.

W. H. and G. W. Colbern carried on a small private banking busi- ness in Warrensburg during the sixties. In 1869 Cruce & Colbern engaged in the private banking business in Warrensburg with a capital stock of about twenty thousand dollars. This partnership was the forerunner of the Johnson County Savings Bank which was organized in 1872, of which George W. Colbern was president and W. H. Ander- son, cashier. The bank was organized with a capital of about fifty thousand dollars. It closed in July. 1893 ; was reopened for about a year, and again finally closed. F. G. Lunbeck and L. S. Hickman were appointed receivers for it and wound up its business.

In 1866, shortly after the close of the Civil War, the A. W. Ridings & Co. Bank was organized, with a capital stock of $31.000. A. II. Ridings was president and James Ward, cashier. In 1869 this bank was reorganized. becoming a national bank, with a capital stock of $100,000. It failed in 1878. Its creditors were paid, and the stock- holders were the only losers.

The Warrensburg Savings Bank was established July 28, 1871. with a capital stock of $55.000. This bank suspended business in 1879, liquidating all claims and paying all depositors.

Early Knob Noster Banks. (By J. M. Kendrick.)

[Editor's Note: Mr. Kendrick is one of the oldest and most experienced bankers in the county, and can speak authoritatively.]

The Knob Noster Savings Bank was the first bank organized in

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HISTORY OF JOHNSON COUNTY

Knob Noster. I do not find the first records, but it was organized in 1868. The first record I find is February 2, 1869. It was organized by Curtis Field, Samuel Workman, A. L. Churchill, W. H. Wells, Benton P. Taylor, Peter Sullivan, John N. Owsley, L. C. Littlefield, William Thornton, W. A. Wortham, Thomas F. Melvin and others. This bank ran until Sep- tember 8, 1871, when the First National Bank of Knob Noster was organized with the following stockholders: Curtis Field, Ransom Wells, L. C. Littlefield, W. A. Wortham, W. H. Wells, A. L. Churhill, Thomas F. Melvin, Julia A. Fisker, G. H. Perkins and A. Case. Capital stock, $50,000. The first board of directors was Curtis Field, president; A. Case, vice-president ; Thomas F. Melvin, cashier; Ransom Wells, L. C. Littlefield, W. A. Wortham, W. H. Wells, A. L. Churchill, and G. H. Perkins. The board met every day and passed on notes offered for discount. Curtis Field continued as president and Thomas F. Melvin, as cashier during the life of the First National Bank. On May 29, 1875, it was voted that the First National Bank go into liquidation and the Bank of Knob Noster was organized in its place under state laws May 29, 1875.

Deposits in the early history of the bank were small, there were many days in which only a half dozen checks would pass over the counter and now it is not unusual for 300 to pass over the counters. In its early his- tory the board met every day to pass on discounts. Later a discount board consisting of three members was appointed to pass on discounts. Now the board meets once a month to pass on them.

Early Holden Banks .- The early Holden banks are still in existence, and are described hereafter.

Banks Today .- There are now seventeen substantial banks in John- son county. Two are national banks and the others state banks. The following is a sketch of each one arranged in order of establishment.

Bank of Holden .- The Bank of Holden is the oldest of the present Johnson county banks. It was organized May 13, 1872. under charter No. 69, with a capital stock of $50,000, which was increased to $100,000 August 1, 1878. The first officers of the bank were: Lewis Chaney, president, and I. M. Smith, cashier and secretary, and WV. A. Campbell, T. J. Allison, I. Starkey, J. G. Cope and Charles Bluhm, directors. The capital stock was reduced to $50,000 again June 1, 1900. The pres- ent officers of this bank are: H. R. Mccutcheon, president: W. F. Mccutcheon, cashier, and the board of directors consists of H. R.

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HISTORY OF JOHNSON COUNTY

Mccutcheon, W. F. Mccutcheon, B. Plessner, J. M. DeMasters, O. R. Rogers, C. C. Little, M. R. Snyder, W. B. Wallace and J. H. Zehr. This bank has passed safely through all the periods of financial stress for almost half a century.

Bank of Knob Noster .- The second bank in the county is the Bank of Knob Noster. The following is a complete sketch and is written by J. M. Kendrick: The first board of directors for the Bank of Knob Noster was, Curtis Field, T. F. Melvin, Gordon Hardey, Ransom Wells, C. B. Littlefield, Samuel Workman and A. C. Case. Curtis Field was made president and T. F. Melvin, cashier. Capital stock, $50,000. The board of directors met twice a week. T. F. Melvin continued as cashier until July, 1876, when C. B. Littlefield was elected cashier, which he held for thirty years, until July, 1906, when J. M. Kendrick was elected cashier and has continued as such. From 1867 to 1917 the bank has had three cashiers. C. B. Littlefield is the only one living of the first board of directors. Judge J. G. Senior has been continuously director in the bank for forty years. The first bank and its successors have had a number of presidents since its organization in 1867: Curtis Field, Gordon Hardey, John N. Kimzey, George O. Talpey, Samuel G. Kelly, John G. Senior, W. S. Shoemaker, W. D. Carpenter, John T. Lay and B. F. Summers. The capital stock was originally $50,000, was reduced to $30,000, then increased to $40,000, and then decreased to $30,000, the present capital stock. The first board of directors con- sisted of seven members, has varied a number of times, has been thirteen, then reduced to nine, and then increased to eleven, the present number. It went through the panics of 1873, 1893 and 1907 all right. It has paid interest on time deposits, from its organization, in the early years paying six per cent. and reducing the rate with the trend of the times. The present board of directors, B. F. Summers, W. R. Clark, W. D. Carpenter, J. H. Rothwell, James Hogan, P. G. Utley, C. W. Weidman, W. L. Charles, J. B. Wampler, J. G. Senior and J. M. Kendrick. B. F. Sum- mers, president ; J. G. Senior, vice-president ; J. M. Kendrick, cashier ; F. B. Shepherd, assistant cashier ; L. P. Lay, bookkeeper.

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History of Johnson County, Missouri, Part 24

Author: Cockrell, Ewing Publication date: 1918 Publisher: Topeka, Kan. : Historical Publishing Co. Number of Pages: 1234

Author: Cockrell, Ewing
Publication date: 1918
Publisher: Topeka, Kan. : Historical Publishing Co.
Number of Pages: 1234