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 43
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 43
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 43
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 43
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475
STATE OF MISSOURI.
United States, and of the State of Missouri. These were the first foreign born citizens naturalized in Scotland County.
On the third day of the term the grand jury returned into court, and reported indictments found against David B. Hughes and Francis Lowen for selling goods without licenses, and against Michael Moore, William R. S. Dugno and John F. Eberman for selling spirits without dram shop licenses, and one against the. latter "for suffering gaming in his house;" also against Michael Moore for petit larceny, and against James Sexton, Jefferson Richardson, Spencer Menifee, John Cravens, Amos Barnes, Martin McClain and Oliver Allen for betting. The grand jury was then discharged, after thus unloading their burthen into the judicial mill for subsequent grinding. Two indictments each were found against some of the foregoing defendants for the same offense, and the whole number found was large enough for a county with several times the population that this county then con- tained. It was then ordered by the court "that capias issue on the foregoing indictments against the defendants, and that the first two defendants be held to bail in the sum of $500 each, the next five in the sum of $200 each, and the residue in the sum of $100 each to secure their appearance at the next term of this court." Then Joseph Davis, William F. Fresh, Andrew Miller, James L. Jones, Cornelius F. Holliday, Martin T. Loe and Jefferson Collins were each bound in the sum of $100, conditioned for their appearance, as witnesses against the persons indicted at the next term of court to be held on the fourth Monday of October, following, and the first term of the Scotland Circuit Court then adjourned to term in course. It is not the purpose of the writer to trace each of the foregoing cases through to their final hearing. It is sufficient to say that some of those who were indicted for crime ware tried, found guilty, and fined for their offenses, and the cases against some were nolle-prosequied. Those convicted for the crime of betting were fined $10 each, and for the crime of selling spirits without license, $20 each.
The first case for divorce was that of Henrietta Swartz vs. Henry B. Swartz, filed at the March term of said court in 1842. A non-resident notice to the defendant, of the pending of the suit, was ordered to be published in the Missouri Whig. R. P. An-
476
HISTORY OF SCOTLAND COUNTY.
derson was attorney for the plaintiff, and at the following Octo- ber term, proof of publication was made, the defendant failed to appear, and the plaintiff was granted a decree of divorce from her said husband. This was the first divorce case, and the first de- cree granting a divorce, in the Scotland Circuit Court. Also at the March term, 1842, another case for divorce was brought, en- titled "James Hereford vs. Elizabeth Hereford." James R. Abernathy was the attorney for the plaintiff, and at the following October term the case was called, defendant defaulted, and a final decree of divorce was granted to the plaintiff, who was the first man to obtain a divorce from his wife in Scotland County.
Notice of the completion of the first courthouse in Memphis, issued by the county court, was filed with the clerk of the circuit court in vacation after its June term, 1844. Maj. Henry M. Gorin, who was then clerk of both the county and circuit courts, transmitted a copy of said notice to Judge McBride, and received the following in reply ;
To H. M. GORIN, ESQ., CLERK CIRCUIT COURT, SCOTLAND COUNTY, MISSOURI:
Dear Sir :- In compliance with the within notice of the county court of Scotland County, you will, at the earliest convenient moment, remove the records of the circuit court of said county from Sand Hill to Memphis, the newly selected county seat of said county. And you will, after the date hereof, attest all your official acts, and make return of your process at Memphis afore- said.
With great respect, I am your friend,
P. H. McBRIDE, Judge Fourth Jud. Cir., Mo. Dec. 17, 1844.
The foregoing order was complied with, and the caption of the next term of the circuit court reads as follows:
At a circuit court, begun and held at the courthouse, in the town of Mem- phis, in and for the county of Scotland, on the first Monday of June, A. D. 1845, it being the second day of said month, the time and place appointed by law for holding said court, Hon. Addison Reese, judge of said court, being present, the following proceedings were had.
By the foregoing it will be observed that Judge McBride presided over the Scotland Circuit Court as long as it remained at Sand Hill, and that Judge Reese's official term commenced with the first term held at Memphis. '
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STATE OF MISSOURI.
IMPORTANT TRIALS.
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State of Missouri vs. Abner McPherson .- Early in the year 1849 Abner McPherson killed James Fields. He was arrested, and at the May term, in that year, of the Scotland Circuit Court, an indictment was found against him for murder. On being arraigned for trial it was found that he was unable to employ. counsel, and, thereupon, Judge Reese, who was then presiding, appointed John W. Minor, Esq., to act as his counsel in defense. The defendant, by his counsel, then asked for a continuance of the cause, which was granted to the next term of the court. There being no jail then in the county, the prisoner was ordered to be recommitted to jail in Schuyler County. This order was complied with, and soon thereafter, he (the prisoner) broke jail, and fled. It was afterward learned that he made an attempt to reach California, but died on the way. This is believed to have been the first murder committed in Scotland County.
State of Missouri vs. Charles Carter .- The history of this case as developed in the evidence at the trial is as follows: John Circle settled on a "claim" near the present village of Upton in 1839, and some time thereafter, Carter, the defendant, owned a claim near by Circle's. Carter sold this claim to Flavius Holder, then went to California, and afterward returned and began to cut timber on Circle's land. The latter remonstrated, and then a quarrel ensued, and both parties made threats. This occurred early in the year 1853. Carter made some rails on Circle's land, and sent his boys to haul them off. Circle and John W. McDole (who seems to have been in Circle's employ) caught the boys and threw the rails off the sled. The boys then went home, told their father, and he loaded his gun, and, taking his son, Chris- topher, who had an ax, went down to the timber. Thomas and William Pollock were at work near by, and Carter went to them and asked who had thrown off the rails. They said Circle and McDole. He (Carter) made some threats in their presence, and then went to the place where Circle and McDole were, which was in sight of the Pollocks, and began the fracas. Circle had lived on this land ever since he purchased the claim of Kilgore, had settled thereon in 1839, was sixty-two years of age and crippled. McDole was thirty years old. Both of these men had
478
HISTORY OF SCOTLAND COUNTY.
guns. Circle had borrowed his gun of John Upton, who lived in Van Buren County, Iowa, and McDole had L. Pollock's gun, also a pistol. Carter fired his gun at them, and the Pollocks saw him strike McDole on the head, and heard him tell his son Chris- topher to "hit him with the ax." In the struggle both Circle and McDole were killed with a knife. The latter was struck on the head with something, as it was found that his head was badly bruised, and it was claimed that Christopher Carter struck this blow with an ax.
After killing the men Carter broke their guns over a log and tree. Circle had a pistol which he called "John Bull," and after the murder was committed, this was found on the ground loaded. The murder took place on the 25th of February, 1853, within a mile of Upton, and about 150 yards from the Keosauqua road. Carter was arrested, and at the May term, 1853, of the Scotland Circuit Court, the grand jury found an indictment against him for the crime he had committed. He plead "not guilty," and asked for and obtained a change of venue to Knox County, where he was finally tried at the May term, 1855, of the circuit court of that county; was found guilty of manslaughter in the first degree, and sentenced to serve a nine years' term in the peniten- tiary. He was considered a dangerous man, and the people of his neighborhood had threatened to run him off before he com- mitted this crime. At his trial, Judge Addison Reese presided, and he was prosecuted by John C. Anderson, the prosecuting attorney, and was defended by James Proc. Knott and Senator James S. Green.
State of Missouri vs. Christopher Carter .- At the May term, 1855, of the Scotland Circuit Court, an indictment was found against the defendant, Christopher Carter, for murder in the second degree, charging him with aiding and abetting his father, Charles Carter, in the killing of Circle and McDole.
The defendant was arrested, and placed under a bond of $1,000, conditioned for his attendance at court. On being arrainged for trial he plead " not guilty " as charged in the indictment, and then asked for a change of venue, which was granted, to the county of Schuyler. He then gave bonds in the sum of $1,000, con- ditioned for his appearance at the Schuyler Circuit Court, on the-
479
STATE OF MISSOURI.
second Monday of October following. His sureties were Jeffer- son Collins, Peter Doyle and Charles Carter. The case was con- tinued until the October term, 1856, when John C. Anderson, the prosecuting attorney, for reasons then given, refused to prosecute further for the State in this behalf, and the case was dis- missed and the prisoner set at liberty.
State of Missouri vs. James Rodgers .- In the year 1858 James Rodgers got into a quarrel with John Luke, and stamped him to death with his feet. At the October term of the Scotland Circuit Court of that year Rodgers was indicted for the mur- der. The prisoner then gave bail, with William and John Ray as sureties in the sum of $3,000, conditioned for his appearance at the following May term of said court. The case was con- tinued until October, 1859, at which time Judge Richardson, who had acted as counsel in the matter, was occupying the bench. Being thus disqualified to preside over the trial of the cause, he sent it to Putnam County for trial, where, at the June term in 1860, the case was dismissed, and the prisoner discharged.
State of Missouri vs. Milton Mason .- At the May term, 1852, of the Scotland Circuit Court, Milton Mason was indicted for the murder of Michael Miller, in Harrison Township. The murder was committed on the 30th of January, 1852. Mason threw a brickbat, which hit Miller on the left side of the head, and caused his death. At the October term, following, of said court, the cause against Mason was continued generally, and he was never apprehended and brought to trial.
A FUNNY EPISODE.
During a period of time including the year 1855, there existed in Northeastern Missouri and Southeastern Iowa, a gang of horse thieves and counterfeiters. On one occasion, in January, 1855, when John J. Rhodes and John McQueen, who were charged with horse stealing, and several other criminals, were in jail, at Memphis, awaiting trial, a report was circulated that the friends of these outlaws, especially from the northwestern part of the county, where a number of them were supposed to reside, were coming, or intending to come, into town in a body for the purpose of liberating the "jail birds." Hearing this report,
480
HISTORY OF SCOTLAND COUNTY.
Maj. James L. Jones, and a few other notables, ever zealous of the safety and reputation of the town, sounded the tocsin, and began to assemble the valiant men preparatory to organize an army for the common defense. Accordingly the valiant men assembled, and those who had no guns armed themselves with pitchforks, picks, clubs, brickbats and the like, and then, fearing that their supply of ammunition might become exhausted, they demolished a pile of new bricks, which lay on the east side of the square, reduced it to bats of convenient size for throwing, and thus armed and equipped they swiftly formed themselves into ranks of war, and began the school of instruction under their commander-in-chief, Maj. Jones, who at once organized his forces by first making a detail of pickets to man the outposts and guard the avenues of approach. Having thus prepared to avoid a surprise by the enemy, he fell to drilling his soldiers in the tactics of war, and marched them up and down the streets and around the public square, until , like the school boys, training, each one felt "that swelling of the heart he ne'er could feel again."
Couriers were engaged keeping up communication between headquarters and the picket line, and momentarily the enemy was expected torush frantically into the town and charge upon the jail, where the army of defense was determined to fight it out if it took all night. But night came, and no enemy appeared, and all was reported clear on the outskirts of camp, and the soldiers, who had marched and drilled until they were fatigued and sleepy, quietly fell out of ranks, one by one, and traced their steps homeward, and there sought their beds of slumber. Thus the chief, Maj. Jones, who was the last to leave the field, was left without a command. He then retired to the hotel kept by Jacob Gray, on the corner where Hudson & Paxon's store is now located, and in the office therein, which was in the corner room he seated himself upon a chair, and placed his long bar- reled squirrel rifle, which he had brought from the mountains of Tennessee, between his legs, then leaned back against the wall, and thus prepared to keep his "nightly vigils." The hammer of his gun happened to get under the round of his chair, and on lean- ing it forward from the wall the hammer was "tripped" and the
481
STATE OF MISSOURI.
gun was fired, and this was the only shot in that " funny episode." This aroused the chief from his snooze, and remembering that Judge Reese, who was then holding court in Memphis, was sleeping in the room overhead, he exclaimed, "O! I have shot the Judge!" A rush was then made for the upper room where it was found that Judge Reese was safe, and that the bullet had done no harm.
The next morning "a council of war was held," and, believing that danger still existed, a committee of conference, among whom was Maj. Gorin who still survives, was appointed to confer with the enemy and pursuade him if possible to throw down his arms and keep the peace. Thus instructed the members of this com- mittee mounted their steeds and cautiously traveled in a north- westerly direction in search of the foe. They saw no hostile force, but observed that the people were quietly and busily pur- suing their labors, and failing to discover any trace of the imaginary enemy they became so "shamed" that they rode back to town without mentioning the matter to any one on their route. Then it flashed upon the citizens of Memphis that it was all a joke-nothing more.
RUNAWAY SLAVES.
" Gideon," a slave and a good blacksmith living at Memphis and belonging to the Patterson estate, ran away about the year 1858, and went to Burlington, Iowa. Hearing of his whereabouts John Doyle and another man went to that place, captured him and brought him back to Memphis without due process of law. This caused considerable excite- ment and indignation among the people of Iowa. The success of Doyle and his companion emboldened other Mis- sourians, and tended to induce them to secure their runaway slaves in the same manner. It also served to put the citizens of Iowa on their guard, and caused them to look with suspicion upon persons coming into their State from the Missouri border. It is said that after his return "Gideon " was given an oppor- tunity and worked out his own freedom, and that he was killed during the war near Lancaster in Schuyler County.
Sopha, the Runaway Slave .- Sopha was a mulatto, whose
ยท 482
HISTORY OF SCOTLAND COUNTY.
mother was a colored woman and her father a white man. She was light complexioned, her hair was light and straight, and her countenance so fair that she might easily be, and perhaps was sometimes, mistaken for a white woman. She was raised in the family of Samuel Glover, of St. Louis, and became an excel- lent cook, and a neat and tasty house-maid. Mr. Glover sold her to his brother William Glover who resided in Knox County, Mo. The latter sold her to William B. Tull, who also lived in Knox County, for the price of $900. It is alleged that the mother of the Glovers regretted that Sopha had gone out of the family and wished that she might be bought back. Accordingly William Glover made an effort to buy her back, and offered Mr. Tull $1,000 for her, but the offer was refused. In the summer of 1857 Sopha became tired of living the life of a slave, and, complaining of harsh treatment, made her way back to her old home a few miles north of Newark. Here she was supplied (some say by whites and blacks both) with money and a suit of men's clothes. She dressed herself in these clothes,and, being supplied with a pass, went directly and boldly to La Grange, where she took passage on a steamboat, and went to Iowa, where she found refuge among the abolitionists (Quakers) at New London, in Henry County, beyond the limits of slavery. It has always been believed that the Glovers, not being able to buy her back, were the principal actors in effecting her escape. The fol- lowing year (1858) William B. Tull moved with his family to Memphis, Scotland County, and located in the building of the Central House which stands south of and opposite the southeast corner of the public square, and began the business of keeping a hotel. Knowing Sopha's excellent qualities as a cook and being now in need of her services he offered a reward of $250 for her recovery.
Some time thereafter a man by the mame of Samuel Miller, residing at Mount Sterling, Iowa, informed Mr. Tull that Sopha was with a certain family in New London, in that State. Upon receipt of this information Tull and his son, George, and M. J. Miller and two other men went to Mount Pleasant to rescue the " fugitive slave." Arriving there Mr. Tull informed some of the citizens of the place what his errand was, and then went to see the girl.
483
STATE OF MISSOURI.
Upon seeing her he thought he knew her, but as it had been about two years since he had last seen her, and as she was differently dressed and somewhat changed in appearance, he could not as yet swear positively to her identity, and this was true with the balance of his party who had previously known her. Assoon as they met she asked him if he claimed her as his slave. To this he re- plied that if she would allow him to see her arm on which was a. certain scar, that he would then be able to give her a positive an- swer. To this she replied that he could not see her arm, but if she had a revolver she would show him that. At this moment Tull looked out, and discovered that the house was being sur- rounded by the populace. At this juncture Tull's friends ap- peared, and advised him to leave town with his party as soon as possible. Heeding this advice they left, returned to Salem, and there put up for the night. During the night Tull and his son being awakened by a noise found their room full of men with clubs, ropes and different kinds of weapons. Tull asked what they wanted, and was informed that they wanted him and his party to get up and go with them. They then began to fix for tying him, when he said that he would resist being tied with all his ability, but that he would go along without being tied, and thus he was permitted to go. The whole party was then taken back to Mount Pleasant, where the populace was more excited than ever, and there placed in jail, around which a heavy guard was stationed.
The excitement was now so intense that the prisoners appre- hended danger of being lynched. But the sheriff assured them all the protection in his power, and warned them to be ready, so far as possible, to defend themselves in case of an attack. To this end they broke up a table which was in the jail, in order to get the legs for weapons. The enraged populace attended about the jail for about three days, and then the Tulls were taken to a private house, where they were treated with the greatest kindness and respect. Mr. Tull's carriage was then sent home with two men, who brought to Memphis the news of the situation of him and his party. This item of news then spread like wildfire. The citizens of the adjoining counties in Missouri were informed at once, and many of those of Lewis, Clark and Scotland Counties,
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HISTORY OF SCOTLAND COUNTY.
where Mr. Tull had many friends, were anxious to organize and arm themselves, and go in a body to Mount Pleasant to rescue him and his party. But the more considerate, fearing that such a proceeding might endanger the life of Mr. Tull, persuaded them not to attempt such arash and unlawful act. Judge Thomas S. Richardson, who always counseled peace, and Maj. James L. Jones, United States marshal, then went to Mount Pleasant, bailed the Tulls out and brought them home. As soon, however, as Mr. Tull was released, and before leaving Mount Pleasant, he bailed or secured the release of his two assistants whose names have not been mentioned, and M. J. Miller was bailed out by his father, and thus the whole party was released.
A complaint was filed in the district court of Henry County, Iowa, against Ephraim Timmons, William Hunt, Thomas Hunt, William B. Tull, George W. Tull and M. J. Miller, charging them with " conspiracy to kidnap, " and on the 18th day of November, 1859, the matter was presented to the grand jury, and the following is a copy of the record made on that occasion:
In this case the grand jury on this day bring in a true bill against Ephra- im Timmons, William Hunt and Thomas Hunt, and ignore the complaint as to the said William B. Tull, George W. Tull and M. J. Miller. It is therefore ordered by the court that they are discharged.
State of Iowa
November 29, 1859.
08.
Ephraim Timmons, William Hunt,
November Term.
Thomas Hunt.
Indictment at this term for conspiracy.
And now comes the State of Iowa, by J. Tracy, district attorney, and the defendants being three times called come not but default. It is therefore ordered by the court that their recognizance be forfeited. -
The three persons against whom the grand jury refused to find a true bill had Judge Thomas S. Richardson as their attorney, and with him they appeared promptly in compliance with the conditions expressed in the bonds they had given. This established an inference that if the other parties had ap- peared likewise no bill would have been found against them. The writer is informed, however, that they never appeared for trial, and that the sums forfeited in their bonds were never col- lected, but that litigation subsequently grew out of the matter. Meanwhile "Sopha " remained in the land of freedom and never again felt the bands of bondage.
485
STATE OF MISSOURI.
BENCH AND BAR.
It is claimed by old settlers who have been intimately ac- quainted with the bench and bar of Scotland County ever since its organization that the bar contained more talent during the first ten years of its existence than it has ever since contained. This assertion, however, has not been made with reference to the local bar, but to the bar as it was then constituted, including all attorneys in attendance from other counties. The bar then consisted of Thomas S. Richardson, Levi J. Wagner, J. Proctor Knott, of Scotland County; James S. Green, Addison Reese, James Lindley, David Wagner, H. M. Woodyard and James El- lison, of Lewis County; N. F. Givens, James Cowgill and DeKalb Musgrove, of Clark County; Thomas L. Anderson, John Dryden, Edwin Pratt, Samuel T. Glover and R. Richmond, of Marion County; and E. V. Wilson and K. P. Anderson, of Knox County. The lawyers in those days, like Methodist preach- ers, were " circuit riders," it being the custom then to follow the judge around through his judicial circuit, so that the bar of each county was composed of all the able lawyers in the whole cir- cuit; hence each bar had a concentration of talent. That cus- tom, however, was discontinued long ago, and now the lawyers do not go abroad to seek clients and business, but go only when solicited by clients. Among other and subsequent attorneys of the local bar of Scotland County were A. M. T. Randolph, Sam- uel McKee, Orion Clemons, A. C. Bailey and S. W. Birch ..
" Judge Thomas S. Richardson settled in the town of Sand Hill in 1841, where he commenced the practice of law. He removed to Memphis in 1844 soon after the county seat was removed to that place. Like all young men in this part of the State at that time Mr. Richardson had not an opportunity of gain- ing a thorough education; yet his industry and energy made amends for this deficiency, and he, by hard study and perseverance, made rapid strides in his profession. The Democratic party, of which he was a member, soon selected him as their leader in this county, and by his pleasing and gentlemanly manner, became very popular even with those who were his political opponents. He was chosen when quite a young man to represent Scotland County in the State Legislature, where he soon gained an influence
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