USA > Missouri > Scotland County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 27
USA > Missouri > Lewis County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 27
USA > Missouri > Clark County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 27
USA > Missouri > Knox County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 27
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THE POOR ASYLUM.
On the 11th of April, 1859, the county purchased 160 acres of land lying in Sections 1 and 12, in Township 64 north, Range 8 west, and for the consideration of $2,500. She procured title to
299
STATE OF MISSOURI.
the same by a deed of that date executed by Catlet Lehew and Joannah his wife. And on the same day Mr. Lehew and his wife donated and conveyed to the county thirty-seven acres of land adjoining the former, but lying in Section 7, Township 64 north, Range 7 west. The consideration for this latter tract was the sum of $1, and the further consideration of providing a suitable farm for the poor of Clark County. Accordingly all of this land was then converted into and designated the county poor farm for the county. Suitable buildings have since been erected for the accommodation of the unfortunate ones, who are compelled to accept it as their home. The farm is under a good state of cultivation, everything is kept in good order, and the paupers that are confined there are well cared for by Mr. George W. Ken- nedy, who is the present, and for several years has been, superin- tendent of the same. The superintendent has the use of the farm, and takes care of the poor persons placed in his charge for a stipulated price per each individual. The paupers that are cared for at the asylum average in number from eighteen to twenty. Prior to the purchase of this farm by the county, the dependent poor were cared for by appropriations made by the county court, and placed in the hands of designated commissioners to be expended for their benefit. Appropriations are now occasionally made for the relief of poor persons, who are not entirely depend- ent upon the county for their support, and who are not confined in the asylum.
TAXATION.
The tax books of Clark County for the first twenty years of its existence, have either been lost, or so misplaced as to render them inaccessible. Beginning with the year 1858, the earliest date at which he could find the proper books, the writer has com- piled the following table, showing the assessed value of the real and personal property, and of the slaves of the county, together with the total amount of taxes charged thereon for the years therein mentioned:
300
HISTORY OF CLARK COUNTY.
YEAR.
Real Estate.
Personal Property.
Slaves.
Total Taxable Property.
Total Taxes.
1858.
$2,017,740
$ 549,980
$187,800 171,300
$2,755,520
$17,709 00
1860.
2,212,955
561,895
2,946,150
24,884 72
1865.
2,020,835
551,365
2,572,200
72,386 78
1870.
2,761,320
1,509,215
4,270,535
66,130 88
1880.
2,038,217
944,029
2,982,246
55,116 79
1886.
2,111,840
997,775
3,109,615
61,825 81
In addition to the foregoing, the Western Union Telegraph, and the St. Louis, Keokuk & Northwestern Railroad Com- panies, have paid taxes on their respective lines, beginning with and including all the years since 1879. The property of the former company was assessed for taxation in 1879 at $2,217, and the tax charged thereon for that year was $39.94. The same property was assessed for taxation in 1886 at $3,409, and the tax charged thereon was $66.50.
The property of the St. Louis, Keokuk & Northwestern Rail- road Company, was assessed for taxation in 1879 at $37,961, and the tax charged thereon was $683.30. The same railroad prop- erty was assessed in 1886 at $60,711, and the tax charged thereon was $1,604.05. Taxes have also been charged on the Alexandria & Nebraska City Railroad (now known as the Keo- kuk & Western), but none have been collected. £ The company refuses to pay taxes on their railroad property on the ground that the original charter under which the road was constructed exempted it from taxation for the first twenty years after it was completed, and the twenty years has not yet expired. The facts set forth in the foregoing table of property and taxes may be uninteresting to the general reader, but it will no doubt be of interest to that class of persons who have to pay the taxes. It has been said that there are two things in this world that are always certain, viz .: death and taxes. The one is as cer- tain as the other. Death will come to all, but with no more cer- tainty than that taxes will annually accrue and be charged against those who own property. By reference to the table it will be seen that the assessed value of real estate or landed property has not materially increased since 1858, and that it reached its highest assessment in the year 1870, when it was assessed in great disproportion to other years. The same is true
301
STATE OF MISSOURI.
of the personal property for that year. The greatest amount of tax was charged against the people of the county in the year 1865, but $25,000 of this amount was bounty tax, which was used to employ volunteer soldiers for the United States Army in order to exempt the county from a draft, and over $10,000 of it was military tax, making in all over $35,000, or nearly one-half of the entire amount that the civil war cost the county for that single year. The table also shows the assessed value of the slaves for the years 1858 and 1860, and the amount of taxable property that was wiped out of existence by Lincoln's emancipa- tion proclamation. It must not be inferred that because the tax- able property of the county was assessed so much higher in 1870 than it has since been assessed that the property has depreciated in value. Property is seldom ever assessed at its true value; sometimes it is assessed well up to its value, and at other times at less than one-third of its true value. Notwithstanding the fig- ures shown in the table, the property of the county has gradually increased, and is estimated to have about doubled in value since the civil war. The total taxable property of Clark County is supposed to be assessed at the present writing at about 40 per cent of its true value. Taking this as a basis, the true value of the property would be about $8,000,000.
ELECTIONS.
The first general election for State and county officers in Clark County was held in August, 1838, but the returns thereof not having been preserved, the number of votes then cast can not now be given. To show the political status of the county, the writer has compiled the following table, which give the number of votes cast for each candidate at the several presidential elec- tions held within the county, beginning with the first one after its organization.
Votes.
1840 William Henry Harrison, Whig. 240
" Martin Van Buren, Dem 206
1844 Henry Clay, Whig 225
James K. Polk, Dem. 220
1848 Zachary Taylor, Whig 284
" Lewis Cass, Dem. 242
1852 Winfield Scott, Whig. 325
302
HISTORY OF CLARK COUNTY.
1852 Franklin Pierce, Dem. 28
1856 Millard Fillmore, Amer 721
James Buchanan, Dem. 587
1860 John Bell, Amer. 752
Stephen A. Douglass, Dem.
542
" Abraham Lincoln, Rep
497
" John C. Breckinridge, Dem. 277
1864 Abraham Lincoln, Rep 969
George B. McClellan, *Dem 128
1868 Horatio Seymour, Dem. 1,136
Ulysses S. Grant, Rep. 302
1872 Ulysses S. Grant, Rep. 1,288
Horace Greeley, Dem 1,276
O'Conner, Dem. 5
1876 Samuel J. Tilden, Dem. .1,581
" Rutherford B. Hayes, Rep 1,494
Peter Cooper, Nat .. 3
1880 Winfield S. Hancock, Dem .1,570
James A. Garfield, Rep. 1,503
Gen. Weaver, Nat. 120
1884 Grover Cleveland, Dem. 1,652
James G. Blaine, Rep. 1,599
At the general election in 1886, for judges of the supreme court of the State, there were 1,676 Democratic, and 1,508 Re- publican votes cast in Clark County. At the same election Ben- jamin E. Turner, of Kahoka, received 1,779 votes in the county for the office of judge of the circuit, to which he was elected.
POPULATION.
The following table shows the population of Clark County for all the years in which the United States census has been taken since its organization :
YEAR.
White.
Colored.
Aggregate,
1840.
. . . .
2,846
1850.
5,527
1860.
11,216
468
11,684
1870.
13,372
295
13,667
1880.
14,723
308
15,031
By reference to these figures, it will be observed that between 1840 and 1850 the aggregate population of the county nearly doubled in numbers, and that it more than doubled in the next ten years. It will also be seen that during the twenty years fol-
* Period when Southern sympathizers were disfranchised.
303
STATE OF MISSOURI.
lowing 1860, the white population increased 3,507, while the col- ored decreased 160 in number.
RAILROADS.
The St. Louis, Keokuk & Northwestern Railroad passes through the eastern part of Clark County, on the west bank of the Mississippi River, and has stations within the county, at Gregory's Landing and at Alexandria. It was completed early in the year 1872. The length of its main line within the county is about ten miles. The Alexandria & Nebraska City Railroad (now known as the Keokuk and Western) passes through the county in a westerly direction from the town of Alexandria by way of Wayland, Clark City, Kahoka, Ashton and Luray. The length of its main line within the county is about twenty-seven miles. This road was completed in the year 1869. The Chicago, Sante Fe & California Railway, which is now under construction, crosses the Des Moines River from the east, enters Clark County in Section 14, Township 66 north, in Range 7 west, runs thence in a southwesterly direction, crossing the Keokuk & Western Railroad in Section 15 in Lincoln Township, and passes out of the county at the west line of Section 6, in Township 64 north, in Range 9 west. At the present writing, June, 1887, large forces of men are at work grading the bed for this great trunk line railway, and it is confidently expected, that the cars will be running over it through this county, before the year closes. The length of this road within the county is twenty-one and two-fifths miles, and the combined length of the three railroads here described, within the county, is fifty- eight miles in round number. The Chicago, Sante Fe & Califor- nia Railroad will be subject to taxation as soon as completed, and when the exemption period expires on the Keokuk & Western line the county will have the whole fifty-eight miles to tax for revenue. This will give some relief to the tax payers, or at least will enable the county to get something in return for what she is compelled to pay annually for the benefit of railroad companies. The probable names of stations on the Chicago, Sante Fe & California Railway, within Clark County, are as follows: Dumas, near the Des Moines River; Revere, near the
304
HISTORY OF CLARK COUNTY.
Thomas farm east of Peakeville; Medill, at the crossing of the Keokuk & Western, and Wyaconda, one mile east of the Scot- land County line. These are the names recommended to the company by the civil engineers of the road, and will most prob- ably be permanently adopted.
SLAVERY.
Slavery of the negro, in Clark County, was co-existent with the early settlement of its territory. The first slave brought to the county, was "Aunt Cully " who came in 1829, with her master, Samuel Bartlett. She was born on the James River in Virginia, and is now about eighty-four years of age, and has her home in the county poor asylum. The first slaves were brought to the county, mostly by the settlers who came from Kentucky and Tennessee. Among these Col. Thomas C. Rutherford was probably the most extensive slave holder. Slavery however, was never approved by a majority of the citizens of the county, as the slaves were owned by only a few of the most wealthy. The " peculiar institution " never flourished here as it did in counties farther toward the interior of the State. This was probably owing to the fact that the county was bounded on two sides by free States, and that many of the settlers came therefrom.
To show the extent to which slavery finally existed in the county, the following list of the names of the slaveholders, and the number of taxable slaves owned by each, and annexed to his name, as shown by the tax duplicate for the year 1860 is hereby given: J. W. Alcorn, 9; J. A. Arnold, 2; Samuel Amery, 1; John T. Boards, 1; Catharine Ball, 5; C. E. Brent, 3; John K. Ball, 3; B. H. Ballard 1; J. T. Ballard, 4; John N. Boulware, 16; George K. Biggs, 9; Nancy Butts, 3; Lewis Baldwin, 1; William Bartlett, 1; B. F. Bates, 3; T. W. Cloud, 6; Murdock Cooper, 3; W. H. Cull, 4; Benjamin Cowley, 1; Hannah Cooper, 1; Thomas Combs, 1; M. L. Chappell, 3; E. Y. Cowgill, 5; Campbell Chapman, 1; Thomas, Cherry, 1; J. W. Curd, 3; J. T. Caldwell, 5; J. W. Campbell, 1; Ruel Daggs, 6; Jacob C. Davis, 3; John Foree, 1; Hez. Foree, 2; P. N. Forsee, 3; H. H. Fore, 2; Thomas Fitzpatrick, 5; R. L. Foster, 5; E. F. Greenlief, 12; B. R. Glasscock, 7; W. G. Gordon, 1; A. B. Gatewood, 1; G. A. Granstaff, 3; George Glass-
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STATE OF MISSOURI.
cock, 1; William T. Gay, 1; N. F. Givens, 3; estate of Isaac Gray, 2; heirs of Benjamin Harris, 4; R. J. Harvey, 1; John P. Hampton, 3; W. D. Henshaw, 2; Alexander Hay, 1; R. E. Hill, 4; G. W. Hill, 2; B. F. Hagerman, 1; Charles Henshaw, 3; James Hackley, 1; James T. James, 1; Garrett Jordon, 8; E Kerfoot, 5; Elizabeth King, 2; W. T. Kemper, 1; B. J. Kenny, 2; William Lillard, 1; William Lamberth, 1; Richard Liggon, 1; John P. Lowry, 7; I. N. Lewis, 4; Jacob W. Lewellen, 2; James H. Lapsley, 2; A. W. Lawrence, 1; John Langford, 1; T. Lyon, 1; Diedrick Mangles, 1; Ruel Murphy, 5; William Mc- Dermott, 2; W. C. Mitchell, 4; A. Musgrove, 4; J. M. McKim, 1; Edward Moseley, 4; R. A. McKee, 10; J. F. McWilliams, 2; W. F. Mitchell, 3; William Moreland, 1; Samuel Musgrove, 4; A. W. Mitchell, 3; Abel L. Morris, 6; Isaac McPherson, 1; H. C. Montgomery, 2; Andrew Maxwell, 2; R. E. Musgrove and A. B. Peyton, 6; M. S. Mitchell, 1; Jacob Niswanger, 1; W. J. Pierce, 1; W. H. Pritchett, 1; Helen Rebo, 5; Thomas C. Rutherford, 21; Armenia Roberts, 1; Rice Smith, 3; Francis Smith, 12; Frank Smith, 1; John Snyder, 1; John H. Schnebley, 3; Jacomiah Seaman, 3; Joseph G. Scott, 6; Milton J. Sisson, 1; W. A. Shropshier, 1; Albert J. Sibley, 3; Harriet Sniveley, 1; Z. T. Clark and Janet Sniveley, 4; W. H. Todd, 2; heirs of P. Thomas, 1; John Taylor 2; W. S. Tinsley, 4; Abraham Wayland, 4; Will- iam Walker, 7; Lycurgus Wilson, 1; Jeremiah Wayland, 4; Richard Young, 3; Joseph F. Wayland, 2; Susan Thompson, 1; M. Webber, 2; William M. Wright, 1; heirs of Joseph Wilson, 10; Granville Wilson, 2; W. E. White, 2; J. R. White, 6; R. J. Wood, 2, and T. R. Wilson, 1.
The total number of slave holders, as shown by the fore- going list, was 129, and the total number of slaves 405. The slaves were valued for taxation at $171,300. The following year (1861) the total number of taxable slaves within the county was valued for taxation at only $135,300. This reduction in their value was caused by the civil war which was then commenced, and which resulted in their emancipation.
THE COUNTY COURT.
The organization of the county court, and the places where
306.
HISTORY OF CLARK COUNTY.
it was first and subsequently held has already been given. Prior to the year 1872, this court has always consisted of three county court justices, appointed or elected for that purpose. And the following is a list of their names, with date of terms of service annexed, to wit: John Taylor, 1837-42; Thaddeus Williams and Robert McKee, 1837-38; Jesse McDaniel and David Hay, 1838- 42; Francis Smith, 1842-54; Henry Sniveley and John W. Lewellen, 1842-50; John P. Lowry and Reynolds Bayne, 1850- 54; Joseph T. Caldwell, Aaron Sullivan and Thomas Roseberry, 1854-58; William Baker, 1858-60; Andrew Maxwell and John P. Lowry, 1858-63; Murdock Cooper, 1860, February to Decem- ber; Harvey Seymour and B. P. Hanan, 1863-66; Jacob Tins- man, 1863-65; Edward Anderson, 1865-66; R. James Anderson, 1866-68; Thomas H. Roseberry and S. W. Morehouse, 1866-72; P. S. Washburn, 1868-72.
On the 7th day of May, 1872, a petition of citizens, praying for the adoption of "township organization," was presented to the county court, which was then composed of the last three named justices, in the foregoing list. And thereupon the court ordered a special election to be held at the several voting places in the county, on the 13th day of June, following, for the pur- pose of ascertaining the will of the people in regard to the ques- tion of township organization. The election was accordingly held, and the following tabular statement gives the result in each township, and also in the county:
TOWNSHIPS.
For Township Organization.
Against Township Organization.
Total Votes Cast.
Vernon
81
2
83
Des Moines.
70
31
101
Clay.
125
6
131
Jackson
142
2
144
Madison
88
5
93
Sweet Home
128
6
134
Grant .
98
0
98
Jefferson®
108
16
124
Lincoln .
96
28
124
Wyaconda
86
4
90
Union.
112
1
113
Washington
166
0
166
Folk'er
102
2
104
Totals.
1,402
103
1,505
About this time the people were highly incensed on account of
307
STATE OF MISSOURI.
the action of the county court in issuing certain railroad bonds, which are mentioned elsewhere in this work, and consequently were anxious to dispense with said court as it was then organ- ized; hence the overwhelming majority in favor of township organization. An election was then held at all. the voting places in the county on the 18th day of July following, when a supervisor for each township was elected as follows: Vernon, R. E. Hill; Des Moines, Garret Jordan; Clay, James Boulware; Jackson, William McDermott; Madison, Thomas Singleton; Sweet Home, Israel Duty; Grant, H. A. Stewart; Jefferson, Josiah Gammon; Lincoln, John Langford; Wyaconda, William J. Northcraft; Union, M. L. Chappell; Washington, Micajah Weber; Folker, S. O. H. Callaghan. On the 5th day of August, 1872, a majority of these supervisors met at the courthouse in Kahoka, and organized the board of super- visors to succeed the county court. John Langford was elected chairman of said board. Having dispensed with the county court as it was formerly composed, the people soon became anxious to reduce the number of individuals composing said court or board of supervisors. And to this end an election was held at the several voting places in the county, on the 3d day of June, 1873, for the purpose of electing five county judges-one from each of the four districts into which the county was divided for that purpose, and one from the county at large. The judges elected at this election were John Langford, F. N. Bartlett, Murdock Cooper, William McDermott and H. A. Stewart. These gentlemen met at the usual place of holding courts, on the 7th day of July following, and, after being duly qualified, they organized as the county court, by electing John Langford as president thereof, and proceeded to business.
This court continued to be composed of five judges until the year 1877, when its members were reduced to three in number, as it had existed prior to and up to the year 1872. Township organization had also been abolished, and the old method of elect- ing three county court justices to compose said court had been re-adopted. The county court justices elected in 1877 were R. E. Hill, Murdock Cooper and W. W. Loveless. The first term of the county court composed of these justices, was held in August.
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HISTORY OF CLARK COUNTY.
of that year, and ever since that date the said court has been composed of three justices. The individuals composing the county court during the time that it consisted of five members were as follows: John Langford, 1873-77; F. N. Bartlett, 1873- 74; Murdock Cooper, 1873-77; William McDermott, 1873-74; H. A. Stewart, 1873-74; George Rauscher, 1874-77; Arthur Shuler, 1875-77. And since 1877 the county court justices have been as follows: R. E. Hill, 1877-79; Murdock Cooper, 1877-79; W. W. Loveless, 1877-78; W. M. Boulware, 1878-83; John Stafford, 1879 a short time; M. L. Chappell, 1879-81; James Eagan, 1879-81; D. P. Stevens, 1881-83; John Roberts, 1881-83; John Stafford, 1883-87; Samuel Clough, 1883-87; Arthur Shuler, 1883-87; J. E. Todd, George H. Harter and Charles Seyb, the present incumbents held their first term in February, 1887. The most important business transacted by this court has been noted in Chapter No. III.
THE CIRCUIT COURT.
The first term of the Clark Circuit Court was held on the 6th day of April, 1837, at the house of John Hill, the place des- ignated by law for holding the first courts of the county. Hon. Priestly H. McBride produced his commission from the governor of the State, and thereupon assumed his duties as judge of said court. The first grand jury, consisting of the fol- lowing-named eighteen "good and lawful men," to wit: David Hay, foreman; Thomas Sawyers, Franklin Levering, Jeremiah Wayland, Robert Wainscott, Joseph McCoy, Jeremiah Lewis, O. F. D. Hampton, Joseph G. Scott, Jesse McDaniel, Richard Lewellen, Amery Wheeler, George K. Biggs, Burrel Gregory, Joseph Higbee, John Riney, Rice Overstreet and Frederick Johnson, were then selected, sworn, and charged " to diligently inquire and true presentment make of all offenses against the laws of the State, committed or triable in the county, of which they had or could obtain legal evidence." Being thus qualified, they retired to their room (under a shade tree), and after mak- ing " diligent inquiry," returned into court and reported " no bills found," and were accordingly discharged. The judge then established the first rule of court as follows, to wit: " All bills,
309
STATE OF MISSOURI.
answers, declarations, motions, pleas and pleadings filed in any cause in this court shall be written in roll form on not less than one-fourth of a sheet of foolscap paper, leaving a space of two inches at the top, and a margin on the left side of at least one inch, and where the same occupies more than one piece of paper they shall be attached at the top by a narrow ribbon, tape or wafer." John Head, Esq., then presented his commission from the governor of the State as circuit attorney for the Fourth Judicial Circuit, and entered upon the duties of his office.
The next term of this court was begun and held at the house of Joseph McCoy on the 3d of August, following, when another grand jury was empaneled, sworn and charged, but found no bills of indictment. At this term the first entry of a cause of action was made-that of William L. McPherson vs. William F. Mercer for debt. Several actions of the same nature were then docketed. At the next term of the court, held in December, 1837, John Taylor and Simeon Conway, two justices of the peace, appeared and delivered a prisoner, James C. Boon, charged with breaking into and stealing from the store of Daniel McMullen at Sweet Home. This matter was referred to the grand jury, by whom a bill of indictment for larceny and burglary was found against the prisoner. When arraigned for trial the prisoner asked for a change of venue, which was granted. Then came Simeon Conway and deposited with the clerk of the court a small leather purse containing $115 in gold and 50 cents in silver, taken from the person of James C. Boon, the defendent, by a. constable. This purse was ordered to be sent, with the papers, to the Marion Circuit Court, to which the venue was granted. There the prisoner was tried, being defended by Hon. Urial Wright, who secured his acquittal. The first actual trial in the Clark Circuit Court was that of "the State of Missouri vs. Thomas I. White," which came up on appeal from a magistrate's court, the charge being for some trifling offense against the law. The following petit jury, consisting of twelve " good and lawful men," to wit: George Gray, William Bedell, William Clark, Nathaniel Dews, John H. Alexander, Ignatius Small, John Cun- diff, Isaac Gray, Isaac Stephenson, Robert Wainscott, Jesse Hitchcock and Crath Renfro, was then empaneled and sworn to
310
HISTORY OF CLARK COUNTY.
try the prisoner. After hearing the evidence, and the argument of counsel, they found the prisoner guilty, and fixed his fine at $15.
The Clark Circuit Court, since its organization, has been presided over by the following judges at the periods annexed to their names, to wit: Priestly H. McBride, 1837-45; Addison Reese, 1845-60; Thomas S. Richardson, 1860-62; James Ellison, 1862-64; David Wagner, 1864-66; E. V. Wilson, 1866-74; John C. Anderson, 1874-80; Benj. E. Turner, 1880-86. The latter, the present incumbent, was re-elected in 1886. For list of clerks of this court see " county officers."
Inasmuch as the circuit court has always had jurisdiction over criminal matters, and as it is by this tribunal that offenders are tried and punished, it is proper here to mention some of the leading crimes that have been committed in the county and the trials of the offenders. Perhaps the first " killing" that took place in the county was that of James Butcher by Col. Boniphan at St. Francisville. Butcher had become intoxicated and riotous, and a warrant was issued and put into the hands of Constable Billings for his arrest. The offender resisted the officer with a large bowie-knife, when Boniphan who was some distance away shot him through the lungs with his rifle. About the year 1838 Asher Ousley, a merchant at Waterloo, lost a pocket book, and suspected that one Mills had stolen it. He then, with the assist- ance of others, caught Mills and gave him a very severe cow- hiding. The latter immediately left the country without herald- ing his going, and it was supposed that he had been murdered by Ousley and his assistants. The pocket book was afterward found where the owner lost it, and Mills was said to be discovered afterward in Alabama. About the year 1840 Mckean and Vicorey had a distillery two miles east of Waterloo. A man by the name of McAlister had a judgment against Vicorey, and caused the execution to be levied on a yoke of oxen belonging to the aforesaid firm, and at the constable's sale he bought the oxen to satisfy his judgment. He (McAlister) then attempted to take the cattle away from the distillery, whereupon McKean shot him and killed him. McKean was arrested and tried before a magistrate, who refused to commit him to court. He then went to Illinois, and afterward an indictment was found against him
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