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 28
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 28
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 28
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 28
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by the grand jury, but he was never arrested. Gen. Allen, of Lewis County, was his attorney, and Abernathy was then the prosecutor.
Robert E. Lee, of whom mention has been made in connection with the settlement of the county, was indicted at the August term, 1841, of the Clark Circuit Court, for the killing of his tenant whose name was Ford. On being arraigned for trial, Lee called for a change of venue, which was granted, to Lewis County, where he was afterward tried and acquitted. The killing, how- ever, was an established fact, but Lee was only indicted for man- slaughter, and for reasons unknown to the writer, and perhaps to all others except the jury, he was found not guilty.
Maj. James Moss lived at Warsaw, Ill., and put in a large crop of hemp on what is called the old Hill farm, about five miles northwest from Alexandria, and on the 18th day of March, 1844, he became engaged in an altercation with Richard D. Phillips, commonly called Dabney Phillips, in which the latter shot and killed him with a pistol. At the June term, following, Phillips was indicted for murder in the first degree, and Telefaro Dedman was indicted as an accessory. Two cases were docketed, the one being The State of Missouri vs. Richard D. Phillips, and the other The State of Missouri vs. Richard D. Phillips and Telefaro Dedman Both cases were continued from term to term, and in June, 1845, the former was dismissed, and the latter continued until May, 1846, when the charge against Dedman was nolle prosequied, and Phillips was tried and acquitted.
State of Missouri vs. Ann, a Slave .- In this case the defend- ant was indicted and tried at the May term, 1846, for arson. She was found guilty and was sentenced to receive thirty-five lashes on her bare back, to be inflicted by the sheriff. Mention of this case is made simply to call attention to the mode of punishing colored offenders in the days when slavery existed. About the year 1852, two men named respectively Townsend and Denny, quarreled at an election held near Chambersburg, and the former stabbed the latter with a knife and killed him. Townsend was arrested but died before trial.
State of Missouri vs. Jeremiah H. Childress .- On the 13th day of July, 1855, the defendant in this case killed Dr. James B.
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Cravens at the village of Fairmont. The wound which caused the death of the Doctor was made upon his head by a mowing scythe, wielded by the hands of the defendant. At the Septem- ber term, 1855, of the Clark Circuit Court, Childress was indicted for the murder, and was allowed to give a bond for his appear- ance at the following April term of said court. He appeared accordingly, and upon petition was granted a change of venue to Scotland County. Afterward, at the October term, 1856, of the Scotland County Circuit Court, he was tried and found not guilty.
State of Missouri vs. Jacob Phillips .- On the 27th day of October, 1856, at the town of Alexandria, Jacob Phillips struck John Pugh on the head with a piece of oak flooring. At the April term, 1857, Phillips was indicted for being accessory to the death of John Pugh. The case was continued from term to term until September 30, 1859, when it was dismissed. It seems that Pugh was intoxicated, and was very offensive and abusive at the time the striking took place. A few murders which took place during the civil war will be noticed in the chapter on war history.
THE BAIRD CASE.
One of the most exciting cases ever brought in the Clark Cir- cuit Court was that of " The State of Missouri vs. John Baird and others." The following statement of the origin of this case, as. given by one who took part therein to the reporter of the Gate City, published at Keokuk, is believed to be as near the truth as it is. possible to obtain it. "James Whiteford, whose locks were white as snow, lived in Canada, but owned a farm two miles from Chambersburg, Clark Co., Mo., near Herdman's mill. This farm was leased to the Maloys. Whiteford was reported to have been well off, and when murdered the supposition was that he had on his person about $900 in gold and silver, and $1,300 in Canadian , bank bills. It was his custom to occasionally visit Missouri to collect his rents and look after his property, and on the occasion of his last visit no one knew he was in Clark County until the Maloys told Baird. This was on Saturday, October 8, 1860 .. Baird lived on a farm across Fox River, nearly a half mile dis- tant. After Whiteford left for Canada on a previous visit Baird
AMANDA M. Mc KEE. ( DECEASED ) CLARK COUNTY MO.
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circulated the report that Whiteford had stolen his mare, but it is said that Baird gave the mare to a party in Burlington in pay- ment of a note. On receiving the news of Whiteford's arrival Baird went to Bill Young and said 'we must arrest Whiteford for stealing my mare.' Baird then returned home, and Young went to Bill White's and said, 'Whiteford is at Maloys and I want you to go with us to arrest him.' White replied that he- did not want to bother in any other man's business, but Young represented that there was to be nothing unlawful done, and that it was the duty of all good citizens to assist in the arrest, as he believed that Whiteford stole the mare, moreover, if White refused Baird would be appointed deputy constable, and having the right to call on any citizen for assistance, would compel him to go.
White then agreed to assist in making the arrest providing nothing unlawful should be done. Young then said 'we will stand between you and the law.' White and Young at once pro- ceeded to Maloys, and there met Baird, Reeves, Fouts and young Stevenson. This was about 8 or 9 o'clock at night. Whiteford had complained of being tired and went to bed quite early. He placed his pants, with a revolver, on a chair near the head of his bed. The Maloys gave the word that the pants and revolver had been removed, and the party entered the house, Baird and Young taking the lead. Baird said to Whiteford, 'you are my prisoner, and must go home with me and stay until Monday, when you will be taken before a justice.' Whiteford replied 'all right,' and got up and put on his pants and socks. He then requested to be allowed to step to the door and was permitted to do so, after all but Young and Baird had been stationed outside to prevent his escape. Young and Baird walked on either side of White- ford, and when they reached the door Whiteford gave Baird a push and leaped forward, but was caught by Reeves. Baird drew a revolver, but as Young was between him and Whiteford he did not shoot. * They started with Whiteford for Baird's with- out allowing him to dress, and as the night was quite frosty he suffered from cold. Instead of stopping at Baird's they went on past the house about 200 yards to a point near the mill dam. At this juncture White asked Stevenson what they were going to
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do and the latter replied ' he did not know.' Baird and Young then tied Whiteford to a tree and made Reeves cut and put a gag in his mouth. They then drew their revolvers and ordered the rest to stand, and Baird stepped to one side while Young com- pelled Reeves to whip Whiteford unmercifully with large switches. After the whipping Young asked Whiteford if he would tell whether he stole that mare. Whiteford said, 'I never stole the mare, but if you will let me go and take me to Maloys, where my money is, I will give you $40.' Young said he would do it for $70, but Whiteford claimed he only had $40. Young said, ' boys, give him a few more and perhaps he will sing out,' but he still refused to tell.
"They then took him to Baird's house, Baird joining them on the way. Whiteford warmed himself and complained of being sore from the beating. Baird told Whiteford to lie down, and then he and Young went outside and held a consultation. In a few moments they called the others out, and Baird said that the whipping was done, but they had no confession, and they must do something or the law would handle them. Young and Baird then proposed to put him in one of his own houses and burn him. The others said 'We will not have anything more to do with it.' Reeves said ' the bones will tell on you.' Young and Baird replied 'we will mash the bones up and scatter them to the four winds of the earth.' After parleying awhile Young and Baird drew their revolvers and ordered the others to hold up their hands, and made them swear never to divulge, saying 'if you do we will bring one hundred men in twelve hours to burn you at the stake.' They then said ' we will take him out again and threaten him, but do no more whipping.' They went to the same spot, tied him up, and Baird again left. Young then threatened Whiteford and said they would whip him to death if he did not confess. Whiteford plead and begged to be released, and renewed his offer of $40. All the party, except Young, went a short distance off and concealed themselves so as to overhear Whiteford, and in case he confessed, they were to appear as witnesses against him. Young now told Whiteford that he would go and get some switches, and make him tell about the mare; but before starting he ran his hands down into Whiteford's pockets,
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also unbuttoned his pants and said 'I'll go now and get the switches, you d-d old son of a b-h.' Young went off about fifteen or twenty yards to a hazel patch, and returned without the switches. Whiteford said to him: " Don't punish me any more, you will kill me,' and Young replied no more and untied him. * * Whiteford then slapped his hand on his pocket and exclaimed, ' Young, you have stolen my money.' At this Young called to the others to come and search him (Young), and they did but got no money. (Narrator thinks Young got the money, and hid it in the bushes. )
"They all returned to the house, and Baird came in alone shortly after. Whiteford went to the fire to warm himself, and again put his hands to his pants pocket, and turning to Young, said, 'Bill Young, you have stolen my money.' Young grabbed his revolver off the mantle, where he had put it, cocked same and said, 'You - -- , Ill blow your brains out. I never took
your money.' Mrs. Baird jumped in between them, saying, 'for God's sake, don't shoot him in my house.' * Whiteford started for the bed, and repeated, 'Young, you stole my money.' Fouts was standing near the bed and Young said 'Fouts dump him.' Fouts struck Whiteford, knocking him about five feet over against the bed. Baird now put in by saying Whiteford had been pun- ished enough, and he would not have any more of that sort of proceedings in his house. By this time it was pretty late, and Baird went to a justice and got a warrant for the arrest of White- ford, he having arrested him without a warrant. The whole party remained in the house until daybreak, and then went home, leav- ing Whiteford at Baird's."
The party making the foregoing confession, claimed that this was the last he had to do in the matter. The writer, having examined the evidence in this case, now on file at Monticello, finds this confession corroborated thereby. Not being satisfied with what they had done, the assailants of Whiteford, that is Baird, Young, White and Fouts, fearing the consequences that awaited them, if he was left to tell the tale, concluded to destroy the evidence against them, by taking his life and putting him out of the way. This they did by taking him out that Sunday night, October 7, 1860, " and, finding a limb that answered the purpose, .
1
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they called Whiteford's attention to it, and told him he would soon be dangling from it, and sure enough he was, but when lowered to the ground he denied stealing the mare. * * They slipped the noose over his head and pulled him up for the second time. When they let him down he was insensible, and Fouts thought he was dead. Baird put his ear down close to the heart and heard it beating-there was a little life there yet. Stepping back a short distance, he made a spring and landed with his heels on Whiteford's breast. He repeated this act several times and then listened for the beating of his heart, but it had stopped. The old man was dead. Then in a grass plot near by they dug a grave, and buried him and replaced the sod, which they had carefully cut, back on the grave, and took care to leave no loose earth on the surface. This they accomplished by the use of sheets, on which they placed the earth as they excavated it.
"On Monday Baird and Young went before the justice and stated that Whiteford had escaped from them. That while they were taking him over to Young's house, Sunday night, he had knocked Baird down and run up a hollow and disappeared. This statement was made by Baird and corroborated by Young, who further said that he had set his bull dog on him, but that he had outrun the animal. The justice believed this story, and Baird offered $100 for the recapture of his escaped prisoner.".
On Saturday, following the date of the murder, information was found upon the oath of Isaac Stevenson, and Squire John Bobbett issued the warrant for the arrest of the guilty parties. The warrant was placed in the hands of John Schee, constable of Sweet Home Township, who, on the following day (Sunday), with the assistance of Maj. David McKee and Levi Benning, made the arrests, and delivered their prisoners to Squire Bobbett, at Athens. A search was then inaugurated for the body of White- ford, and at the appointed hour on Monday a large number of citizens assembled for that purpose. They had searched but a short time when William McKee discovered the grave containing the body of the murdered man, about 150 yards northeast, from Baird's house on Fox River, near Herdman's mill, in Jefferson Township, Clark Co., Mo. This was on Monday, October 15,
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1860. They took the body out of the grave, it being covered about two and a half feet deep, and found the head and the small of the back badly bruised, and signs of a rope mark around the neck. On the 25th of October the parties arrested were given a preliminary examination before Squire Bobbett, and three days later an indictment was found in the Clark Circuit Court against John Baird, William Young, Solomon Fouts, William White and James Reeves for the murder of James Whiteford-the first named as principal and the others as accessories.
On the 3d day of December following Baird was granted a change of venue to Lewis County, where he was tried on the 7th and 8th days of April, 1861. He was prosecuted by J. C. Ander- son, the prosecuting attorney, and defended by S. Kibbe. The jury trying him were T. J. Sullivan, Thomas A. Graves, L. M. Piner, E. S. Gunn, James Flack, John Wallace, William Hallo- way, Thomas J. Martin, John T. Wileham, R. L. Adams, J. H. Poage and Winchester M. Porter. He was found guilty of mur- der in the first degree. When the verdict was announced a pause ensued, after which Judge Thomas S. Richardson made some appropriate remarks, in which he warned the doomed man to make his peace with God, and then pronounced the following sentence: "That you, John Baird, be hanged by the neck until you are dead! And, that execution of this judgement be made and done by the sheriff of this county on Friday, the 10th day of May next, between the hours of 10 o'clock in the forenoon and 4 o'clock in the afternoon of that day. And, the court being of opinion that the execution of this sentence should be in pub- lic, it is further ordered that this judgment be enforced and executed at such public place in this county as the said sheriff of Lewis County may appoint, and may God have mercy upon your soul."
In accordance with this sentence, and on the day therein specified, Baird was hung at a point about two miles north of the town of Monticello, in Lewis County, and when life was extinct the body was taken down and buried. He was about forty years of age, and left a wife and child. W. G. Burnett was then sheriff of Lewis County, upon whom devolved the unpleasant duty of executing, or having executed, the foregoing sentence.
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The following is a statement made and signed by Baird, and left with his attorneys:
I, John Baird, in view of my accountability to God, who searches all hearts, make the following statement of facts connected with my apprehension and conviction :
I had no malicious motives in arresting James Whiteford; my only object was to try and get my mare and colt, and also to have him punished according to law, and during the time he was in my custody I treated him kindly, counsel- ing those whom I had summoned not to maltreat him. During Saturday night, Sunday, and Sunday night, up to the time he was taken from my house, I pro- tested against any personal violence being used against him. The first thing that led me to suspect Whiteford for taking my mare was the statement of Maloy that Whiteford had taken her and the colt, when he was down at the same time she was missing. He said that he would assist me to get her back. This led me to have him arrested. On Sunday night he was taken from my house by John Maloy and William Young. Edward and John Maloy were the men who came to my house about 12 o'clock Sunday night, as stated by witness Steven- son. When they came they proposed to start with Whiteford for Squire Cant- well's. William Young went into the house and put Whiteford's clothes on. I objected to starting so soon, but they insisted on going. Whiteford being will- ing we started, after we got out of the house the prisoner remarked he could not walk to the Squire's; I then told Edward Maloy to go and get his wagon and horses; he started immediately. John Maloy then said let us take him out and make him tell more. I said no, you will not take him and punish him any more; he is punished enough. Maloy still persisted in taking him out. I advised Young not to go; he said he would go along for a witness. They started and were gone about an hour, when Young came back and said to me, how does the old man's coat fit? I answered it was too tight; I also said the old man will get cold; no, said Young, he is plenty warm; he (Young) said he wanted some whisky for him; I gave him some; Young then said, we will take him down to my house; come down soon in the morning and bring your witnesses and we will go to the Squire's.
Early on Monday morning I'and Ellis Stevenson went to Young's house, after James Reeves came. Before Reeves came Young met us at the gate. Stevenson asked him where the old man was, if he was in the house, he said "yes." We went into the house. Stevenson asked, "is he up stairs?" Young answered, "You bet he is up stairs." Young then asked me to walk out doors with him. After going out he told me Whiteford had got away from him at the gate. I told him to tell me the truth about it. He still affirmed he got away from him at the gate, and that he had set the dog on him, and the dog was gone a long time. I told Stevenson he could go home, and I would go on to the Squire's and see what I would have to do about it, I went to the Squire's, got his advice, and, on my return home, met Young, who said it was too close to his house to say he got away at the gate. I again admonished him to tell me the truth about it, and he said: "Tell that he got away from us on the hill between my house and Asher's, and that I (Young) was drunk and fell down, and that you (Baird), was weak and could not run." I told him that would not do. I then went to Asher and told him the same story. This is the only lie I told in the whole matter. After this, I went home and said no more about it until I went down to the mill. Vanfossen was there at work. He asked me
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what we had done with old Whiteford. I told him he had got away from us. He said: "I expect the cow hunters will find him hanging to a limb some- where." I told him no he had gotten away. I never knew what was done with Whiteford, until the news came to me at Athens, after being arrested. E. Ste- venson was mistaken about the coat being in the house at the time he stated. Mrs. Wrath was mistaken about me offering to sell Ruth tobacco. E. Maloy came to my house and requested to see me privately. We went out under the shed. He then showed me a receipt for a note in a bank at Kahoka, in favor of Whiteford, which he (Maloy) had given him for rent and other property. They had a talk about it in my house Sunday night, but could not settle a dispute they had about it. Previously E. Maloy showed me the receipt and wished me to go and get the note.
I have now told all the truth, and upon this statement I am willing to meet my God. I believe He has forgiven my sins, and I shall meet Him in peace.
JOHN BAIRD.
OTHER IMPORTANT CASES.
The trial of William White was begun on Tuesday, December 4, 1860, in the Clark Circuit Court, and continued two days. The jurors trying him were C. Wolf, C. D. Gilliam, J. E. Johnson, Levi Panick, Daniel Fee, Oliver Moore, L. W. Williams, P. C. Dillon, Griffith O. Dell, William Singmaster, Henry Fairbrother and William McDermott. They found him "guilty of man- slaughter in the first degree," and assessed his punishment at five years in the penitentiary. After serving three-fourths of his time he was pardoned and released by the Governor.
Then followed the trial of Solomon Fouts in the same court, and the jury, before whom he was tried, consisted of the following named gentlemen: Claudius Cooke, Henry Keller, John Bennett, Jacob Bash, Richard Harrold, James Burch, Lyman Herrick, A. J. Matthews, Rodolphus Davis, Robert L. Childress, G. B. Sut- ton and George Rex. He was found "guilty of murder in the second degree," and his punishment was fixed at ten years in the penitentiary. After serving four years he was pardoned, and a few years thereafter he died at Keokuk, Iowa.
James Reeves " turned State's evidence," and gave away his accomplices, and thus escaped the punishment he deserved.
William Young, upon being arraigned for trial, asked for a continuance, which was granted, and his case went over to the April term, following. He then called for a change of venue, which was granted by sending his case to the circuit court of Knox County, where he was tried in June following, and found
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"guilty of murder in the second degree," and sentenced to the penitentiary for eight years. "Shortly after being transported to Jefferson City he managed to secure the favor of Claib. Jackson, governor of Missouri, and was taken out of the peniten- tiary, and up to the Governor's house on Capitol Hill, where he was placed in charge of the grounds. Some months afterward he was pardoned on account of good conduct and bad health. He did not enter the army, nor was he a spy or guerrilla, as some reports have it."* " Old Mother Holley knew Whiteford very well, and was conversant with many of the facts relating to his crimes, his persecutions and persecutors, and his death. She always wore a man's coat, and in her business-that of fortune
teller-was known far and wide as ' Granny Holley.' She lived there all alone in a little hut in the brush for many years." " William McKee, the man who discovered Whiteford's grave, joined the Union Army a few months later, and was killed at the battle of Prairie Grove December 7, 1862."
" After the coroner's inquest the remains of Whiteford were buried in an old graveyard in a corner of his pasture."
"Jim Reeves stated among other things in his confession, that while the members of the gang were all confined in the Monticello jail, in 1860, he overheard Young's wife, telling her husband that she had the money all safe in a bottle buried under a tree in the cornfield, and that it was all right, because she had looked at it just before she left."
" Baird and his crowd committed many acts of violence previ- ous to the murder of Whiteford. They were in deadly and open hostility to Maj. McKee who lived over on the prairie between Chambersburg and Athens, and repeatedly vowed they would one day be the death of him. McKee lived in a solid one-story brick building, the walls of which probably saved his life more than once. He often saw men prowling around the house after night-fall, and at such times would go into the house, barricade the door, and get his trusty rifle in readiness. One night in par- ticular they were quite bold, and came directly up to the door and knocked. The family was at supper, but McKee rushed for the gun and then bolted and barred the door. The knock was
*J. W. Murphy in "Outlaws of the Fox River Country."
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repeated but there was no response. The crowd outside then improvised a battering ram out of some rails from the fence near by, and punched at the door ineffectually for a while, and then went away. Shortly after that they waylaid him in the woods, but he made such a show of resistance with his ever ready rifle that they skulked away."*
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