USA > Missouri > Lincoln County > History of Lincoln County, Missouri, from the earliest time to the present > Part 32
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Judge Elijah Robinson, son of Owen C. and Elizabeth (Salmons) Robinson, of Troy, was born in Lincoln County, Mo., February 9, 1849. He finished his education in the Watson Seminary, Pike County; read law at Troy in his native county, with Archibald V. McKee; was admitted to the bar in 1869, and at twenty years of age commenced practice at Bowling Green, Pike County. In February, 1870, he was appointed county attorney ; was elected prosecuting attorney in the autumn of 1872, and re-elected in 1874, holding the office four years, and leaving a brilliant record as a prosecutor. In the autumn of 1880 Judge Robinson was elected judge of the judicial circuit including Lincoln County, served a full term of six years, and then resumed the practice of his profession at Bowling Green, where he resides at this writing. As a judge he gave good satisfaction, adminis- tering his duties with ability. His political affiliations have always been with the Democratic party.
Judge Elliott Mckay Hughes was born in Lincoln County, Mo., November 7, 1844. His father, Elliott Hughes, was a native of Kentucky, a teacher in early life, and later a merchant, and his grandfather was a native of the Old Dominion. The mother of Elliott M. was Jane S. McConnell, a native of Ken- tucky. In 1845, before he was a year old, the family moved to Danville, Montgomery County, this State, where the father died in 1862, and the mother in 1866. Having obtained a common- school education, Mr. Hughes, with careful studying outside of the schoolroom, fitted himself for teaching. He taught three years in Adams and Pike Counties, Ill. ; read law at Jacksonville, Morgan County, that State, and was admitted to the bar at Dan- ville, Mo., in 1867. He was county superintendent of schools in
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1870-71; was elected prosecuting attorney in 1872; re-elected in 1874 and 1876, and served six years, making a popular and efficient official. In 1886 he was elected judge of the judicial circuit of which Lincoln County composes a part, and is now fill- ing his office, and performing the duties thereof, to the general satisfaction of the people.
Hon. Archibald V. McKee was born November 6, 1831, in Harrison County, Ky. His father, Archibald McKee, belonged to an old Virginian family, and was engaged in mercantile and agricultural pursuits, dying in Indiana in 1856; and his mother, whose maiden name was Lilly McClure, was a native of Boone County, Ky. She died in Iowa in 1871. In 1840 the subject of this sketch went to Hanover College, Indiana, where hegraduated in 1851. He read law at Greensburg, same State, attended law lectures at the Indiana State University, and was licensed to practice at Indianapolis, in 1853. The next year he came to Troy, where he soon became well established in the practice. In 1862 he married Miss Clara S. Wheeler, daughter of Capt. Otis Wheeler. He occupied a high position at the bar, and died in Troy, July 13, 1884.
Hon. Jeptha Wells, was born in Troy, Lincoln Co., Mo., Sep- tember 18, 1852. His father, Dr. John C. Wells, who was a native of Kentucky, and a graduate of the medical department of the Louisville University, came to this State when a young man, married Kitty Custer, a cousin of the late Gen. Custer, of the United States army, and was in practice at Troy at the time of his death, in 1857. Jeptha was educated at the Christian Insti tute, Troy, and graduated at the St. Louis Law School, in the class of 1874. He then began to practice in his native town, and in 1876 was elected to the office of public administrator, which he held four years. In 1882 he was elected to the office of prose- cuting attorney and held it one term. He was a nephew of Judge Carty Wells.
Hon. William Young, son of James and Ann Frances ( Booker ) Young, natives of Virginia, was born in Shelby County, Ky., March 26, 1803. He was educated at Shelbyville Academy, and Transylvania University, Lexington, Ky., being a graduate of the class of 1824, studied his profession at Shelbyville, came to Mis-
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souri in 1827, and, after being one year in St. Charles, settled in Troy. He held several offices, was made one of the justices of the county court in 1834, and held the office four years; was county treasurer the same length of time, 1842-46; was public administrator one or two terms; county school superintendent for a time, commencing in 1853, and taught the Troy Academy one year, 1839. He was a member of the Presbyterian Church from 1833, and served in the office of elder for a long period. Part of the time he lived in the city, and part of the time on his farm, near Troy. He left the farm in 1876, and sold it in 1881. He died in Troy, March 23, 1886.
Hon. Howard S. Parker was born in Fayette County, Ky., September 5, 1853. His parents, Warren O. and Rebecca E. (McConnell) Parker, were also natives of that State. Howard was educated in the Kentucky University, Lexington, graduating in the law department thereof in the class of 1874. After prac- ticing a few months in his native State he came to St. Louis, where he practiced two years, and then, in July, 1876, settled in Troy, Lincoln County. He represented this county in the Thirty- first and Thirty-second General Assemblies, and was chairman of the committee on constitutional amendments in the Thirty-first, of the judiciary committee and also temporary speaker of the Thirty-second. He held, as it is seen, in the latter General Assem- bly, one of the highest positions in a legislative body, and as chairman of the judiciary committee his legal talents and attain- ments were shown to good advantage. He was the youngest mem- ber ever chairman of that committee in Missouri, and the young- est speaker. In 1884 he was elected prosecuting attorney of Lincoln County, and held the office until his death, January 3, 1886. His business took him into the several courts of the State, and also into the Federal courts. He was considered an able attorney, and especially adapted to the criminal practice.
Hon. James R. Abernathy was one of the earliest practition- ers in Northeastern Missouri, and served many years as circuit attorney. He was born in Lunenburg County, Va., February 25, 1795, but was raised principally in Fayette County, Ky., where he lived until 1817, when he came to Missouri. He was admitted to the bar at an early age, and was elected circuit
23
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attorney of a circuit embracing twelve counties, and filled the place with ability. He was first treasurer of Monroe County, and was justice of the peace sixteen years. He was the father of Mrs. Hugh Glenn (the California millionairess), a soldier in the War of 1812, and was well known all over Northeast Missouri. He was a resident of Monroe County when he died, January 23, 1883.
CHAPTER XI.
CRIMINAL RECORD.
Lincoln County, like most of the Missouri counties, has had to contend with a considerable amount of crime. While its record of crimes committed is greater than that of some counties, it is much less than that of others. Among the homicides that have taken place, the history of the following cases are given:
MURDER OF THE FLORENCE CHILDREN.
In 1834 William Florence settled on a tract of land about two miles north of west of Auburn, and there erected a rude horse-power grist mill. Four years later his family consisted of himself and wife and two bright, intelligent boys, William and Thomas, the elder being nine years old. About 2 o'clock P. M. on the 1st day of September, 1838, Florence rode over to Au- burn, leaving his mill and place in charge of his slave, Aaron. On returning home his wife informed him that she had given the boys permission to go to the orchard of William C. Prewitt, who lived near by, to get peaches. Florence had repeatedly refused the boys this permission, fearing that Fanny, one of Prewitt's slaves, who had made threats, might do personal violence to them. He then walked over to the orchard, but seeing nothing of his boys, went to the house, and interrogated Fanny, who denied having seen them. He then went home and told his wife of his apprehensions. Search was at once instituted, and the next day more than a hundred men had collected, among whom were many of the most prominent citizens, such as Sheriff William Sitton,
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Hans Smith (a member of the Legislature, and one of the most brilliant orators of the day ), Burton Palmer (one of the early sur- veyors) and others. The search continued until Tuesday, when Mr. Palmer found the bodies of the children in Mill Creek, weighed down with stones. The water, which was high when the bodies were deposited there, had fallen and partially exposed them, so that the buzzards had begun to prey upon them. The flesh of the face and arms of Thomas had been partially de- voured. It was the presence of these birds of prey that led Palmer and others to the place.
That evening Sheriff Sitton arrested Fanny, Ben, her hus- band, and Elick, her son. The latter, on being taken out and examined alone, confessed that his mother told him that she had killed the boys and thrown them into a sink hole in the creek, and showed them the stick with which the killing was done-the end of a horse-yoke. They then took the boy to the woods, put a rope around his neck, and tried to get further information, but failed in obtaining it. The prisoners were then taken before Squire Lawrence B. Sitton for preliminary trial. Elick, the boy, was released, and Fannie and Ben were committed to jail to await the action of the grand jury. Mr. Prewitt, who had been to Philadelphia, returned and prepared to defend his slaves. For this purpose he employed Judge Carthy Wells and the Hon. Ed- ward Bates. The latter enjoyed a national reputation and was afterward a member of President Lincoln's Cabinet. Ezra Hunt was then judge of the circuit court, and Gilchrist Porter circuit attorney. Court convened on the first Monday in November, 1838. The grand jury was composed of nineteen men, of which Lewis Castleman was foreman. Upon the evidence given before this jury by Elick, he and Fanny, his mother, were indicted and Ben discharged On application of Prewitt, the owner of the defendants, a change of venue was granted to Warren County. The prisoners were then sent to the Pike County jail for safe keeping. In April, following, Fanny was tried at Warrenton, found guilty of murder in the first degree, and sentenced to be hung. On the trial Elick swore that he knew nothing about the murder, and that what he had confessed had been extorted from him.
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The case was appealed to the supreme court, where a decision was rendered at the October term, 1839, reversing the decision of the lower court on the ground that the Warren Circuit Court had no jurisdiction, for the reason that a slave holder was not entitled to a change of venue for a slave. The case was remanded to Lincoln County, with directions that the testimony of Elick, the son, should not be admitted in evidence. At the succeeding trial there being no sufficient evidence she was acquitted. The people were indignant that the technicalities of law should de- feat justice.
MURDER OF JOSEPH PLUMMER.
The Plummers lived on the bluff about a mile west of King's Lake. Some difficulty arose between the children of Philemon Plummer and those of his sister, Mrs. Anna Barker. On one occasion his children returned from his father's house and re- ported that they had been insulted by a negro woman and her children, belonging to the old man, and that their aunt, Mrs. Barker, supported them in their abuse. Afterward, on or about April 22, 1839, Philemon went over to his father's house with two of his children as witnesses, and wanted his father to whip the black woman. This the old gentleman refused to do. Phile- mon was about to whip the black woman himself when Mrs. Barker came up and interfered in behalf of the slave, and struck him two or three times on the mouth. He then gathered her hands into one of his, and raised a switch in the other. Joseph Plummer then came running up with a stone in his hand to de- fend his sister, and threatened to knock Philemon down if he struck her. Mrs. Barker, getting her hands loose, picked up a pitch-fork lying on the treading yard or floor, where they hap- pened to be, but Philemon wrenched it from her hands, and with it struck Joseph a blow on the right side of the head, caus- ing his death.
Philemon was indicted the same month for the murder of his brother, the indictment charging in substance that on or about April 22, 1839, he struck his brother Joseph on the right side of the head, with a stick seven feet long and three inches in diame- ter. On evidence the "stick " proved to be a pioneer pitch fork,
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made out of a sapling " about seven feet long, and about as thick as one's wrist," with one end split to form the prongs. Mrs. Barker testified that the bars to the entrance of the treading yard were all down except the top one, and that Philemon struck the fatal blow as Joseph was rising up after having passed in a stooping position under the top bar on his way to her assistance. Philemon was tried the same month and found guilty of man- slaughter in the third degree, and was sentenced to serve three years in the penitentiary. The case was appealed to the supreme court, where the finding and sentence of the lower court were sus- tained. The prisoner was prosecuted by Gilchrist Porter, the cir- cuit attorney, and was defended by the great lawyer, Edward Bates. It is said that his appeal in behalf of his client was the finest ever heard in the Lincoln Circuit Court.
BURNING OF GILES, A SLAVE.
In 1858 Simeon Thornhill and his family lived near the center of Section 20, in Township 49 north, Range 1 east, being north of east of Troy, and about three and one-half miles distant therefrom on a straight line. Thornhill was the owner of a slave named Giles, and when he and his slave were both sober they were on as good terms as generally existed between a slaveholder and his servant. In those days the greater part of goods sold at Troy were hauled on wagons from the landing at Cap-au-Gris, on the Mississippi. One of the leading articles thus conveyed was whisky, and it was customary with the drivers of the teams haul- ing it out from the river to carry gimlets with them with which they tapped the barrels, and by the use of a straw, sucked there- from, to their full satisfaction, the death-producing liquid. Thornhill and his slave frequently hauled goods from Cap-au-Gris to Troy, and indulged according to the custom, and also usually carried home a jug of the "ardent." Giles was allowed to have whisky whenever he could procure it, and as it was both cheap and free in those times he had no difficulty in obtaining it. It is said by a prominent citizen, who lived in the Thornhill neigh- borhood, and who was well acquainted with the parties, that when Thornhill had a jug of whisky Giles always had a share of the contents, and vice versa, when the slave had whisky he
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always divided with his master, and thus they mutually imbibed.
On the night of December 24, 1858, they were together in the negro's cabin, which was inelosed in a little yard near the resi- dence of Thornhill. Here they were drinking. The hours " wore away," and all retired for their usual rest save the master and his slave, who continued to indulge in the dangerous amuse- ment. Presently they disagreed, then grew angry, became des- perate, and the negro, being the larger and stronger man, made a pass at his master, who fled for safety toward his house. The negro caught him while crossing the yard fence, and with his knife stabbed him in several places, mostly on the back of his body, but did not kill him instantly. This aroused the sleepers, and Thornhill was carried into his house and cared for. The next day (Christmas) the negro was arrested without process of law and placed in jail at Troy. Capt. Jordan S. Salle, who still resides in Troy (and to whom the writer is indebted for some of these facts), was then the jailer. Some of the neighbors of Thorn- hill, and others residing east of the Cuivre, became terribly incensed at the negro, and in a few days after he was incarcerated in jail they assembled and started toward Troy, for the purpose of lynch- ing him and putting an end to his existence; but upon reaching the river they found that it had so swollen that they could not cross, and thereupon disbanded and returned to their homes. Thornhill lingered until the 30th of the month, and then died from the effects of the wounds inflicted by his slave. On the following day Capt. Salle, the jailer, anticipating the action of the mob, and being anxious to have a legal right to hold his pris- oner, in case of a demand for his release or an attack upon the jail, filed his affidavit with Charles Wheeler, a justice of the peace, charging Giles with the murder of Thornhill. In the affi- davit he stated that on the day that the negro was delivered into his custody he "acknowledged that he had stabbed his master, Simeon Thornhill, several times on the night before, and that he tried his best to kill him, and would have cut his head off and cut him in two if he had had anything to have done it with at the time."
A warrant for the formal arrest of Giles was then issued by Squire Wheeler. The prisoner was taken before this officer and
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given a preliminary trial, during which he (Giles) stated that he and Thornhill were both drinking when the difficulty took place, and that Thornhill threatened several times to kill him, and did actually stab him first. Upon the evidence adduced at this trial he was legally committed to jail, and thus the jailer obtained a legal right to hold him.
On the second day after Thornhill died, it being January 1, 1859, the mob re-assembled and went in a body to Troy. A little after noon James Callaway stepped upon a "horse block " near where Mr. Hart's store now stands, and made a short speech to the crowd there assembled. They then started, yelling, on the way toward the jail. Arriving there they demanded of Capt. Salle the keys, but he, very properly, refused to give them up. Runners then started down town for tools with which to break down the doors. The tools being brought the doors were finally broken down, the negro was taken out, and his feet were chained to a stake driven into the ground in the jail yard, and his hands were tied behind him. Then the irate members of the mob, in haste and with a seeming relish and delight, piled wood around the wretched and defenseless victim, and prepared to burn him alive. Here he stood in this awful condition, facing death with a brave and unnatural courage-confessed his crime and repented not, but told his executioners that when he committed the crime he was drunk, otherwise he would not have done it, and that they, being sober, ought not thus to take his life in retalia- tion.
When the funeral pile was completed, it was set on fire. The fuel being dry, the lurid flames enwrapped the victim, yet minutes passed ere death ensued. But death did not satisfy the wreak- ers of vengeance. They added fuel to the flame, and stirred up the fire, and persevered in the fiendish work until the body was all reduced to ashes. It is said that the scene was horrible to behold.
On this lamented occasion, many spectators, who neither approved of the act, nor rendered any assistance to the perpetra- tors thereof, assembled to witness the burning; while others, who came into town for the purpose of witnessing the scene, consid- ered the cruelty and the enormity of the crime, and went away
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without seeing it. Perhaps the most remarkable thing in con- nection with the matter was the indifference manifested in the conduct of the negro-the stolid demeanor in which he met his death-the fact that he confessed his crime, yet expressed no sorrow for it, but entered into eternity defiant and unrepentant. By what method of reasoning can any one account for such unnatural conduct! And it may be asked with propriety, by what method of reasoning can any one account for the cruel and illegal conduct of the men who burned the negro at the stake!
On the 25th day of March, 1859, three of the leaders of the mob, James Callaway, James Segrass and Samuel Carter, were indicted for the murder of Giles, the slave. At the following fall term of the Lincoln Circuit Court they were arraigned for trial, and Thomas P. Hoy was appointed circuit attorney pro tem. to prosecute them. On being arraigned they plead "not guilty." The following jurors were then empaneled, and sworn to try the defendants: James H. Reeds, Smith McGinnis, D. H. Chambers, G. W. Stonebraker, John W. Rice, Gabriel Thompson, Charles Kimler, William Hopkins, Zach. Lovelace, William Birch, Gion G. Wilson and James Horton. At this stage of the proceedings the circuit attorney dismissed the case,
and thus ended the prosecution. The burning of the negro has always been and is still regretted by the best people of Lincoln County. All countries have suffered from the practice of lynch law. While there are many citizens now in Lincoln County who resided here when this affair took place, it is said that not one of the members of the organized mob that perpetrated the act remains in the county; that nearly all of them died early in life, and that only one of them was known to be living at a recent date, and he was then residing in Taylor County, and is prob- ably still living. He was one of the leaders.
KILLING OF JAMES M. TEAGUE.
Some time in the year 1874 a horse was stolen from Mr. Isaac Ellis, of Lincoln County, and James M. Teague, formerly of this county, but then of Cole County, where he had recently been released from the fulfillment of a second term in the peni- tentiary for former crimes, was arrested for the theft and brought
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back to Auburn, and was there in custody of Constable Robert F. Waters. Benjamin W. Wheeler, the prosecuting attorney, went over to prosecute the prisoner. Waiving trial before the justice of the peace, he started in custody of the constable and in com- pany with the prosecutor for lodgement in the jail at Troy. When the party was about two and one-half miles south of Au- burn they were met by a mob of men with blackened faces, one of whom shot the prisoner, causing him to fall from his horse. The rope with which his feet were tied remained fast to the saddle, and as he fell the horse frightened and ran down the road a distance, dragging the man over the rough rocks, then turned and ran back a distance, still dragging him along, until the rope was cut, and he was left lying in the road. The attacking party then rode by him, each firing at him as he passed, and all missed him. Supposing they had accomplished their work well, they rode on out of sight. The prisoner was picked up and carried to a cabin near by, cared for, and then conveyed to Troy and placed in jail, where he remained from November 14 to 19, at which latter date he died from his injuries. An effort was made to capture the members of the mob, but they could not be found.
THE KILLING OF EDWARD W. RECTOR.
On the 16th of July, 1878, a " picnic " was held near Auburn, on the road leading to New Hope. The farmers, with their sons and daughters and little children, had assembled for a day of pleasure, rest and recreation, and to hear the speeches of the aspiring county candidates. Enjoyment and plenty were there in store for all. Nothing marred the festivities of the occasion until a gentleman was accosted by some one with the remark, " If you want to see Ed. Rector killed wait here about five minutes." Not wishing to see the tragedy the gentleman walked away. Soon the report of a pistol was heard, a crowd rushed to the spot where the shot was heard, and there found Rector in a dying condition, a bullet hole through his bowels, the back of his head crushed in, and the brains oozing out. Coroner Robinson was present and immediately summoned a jury and held an inquest. The jurors were J. L. Sanders, J. J. Bradley, T. Moseley, B. M.
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Vance, John Cochran and D. J. Moxley. This jury, after hear- ing the evidence, rendered the following verdict: "Edward Rec- tor came to his death by a pistol shot in the bowels, and a lick over the head with a pistol by John and George Calhoun."
A feud had long existed between the parties, and upon mak- ing the assault (as shown by the evidence) one of the Calhouns used insulting language to Rector. The evidence showed that the pistol was held and used by George Calhoun, after John Calhoun and Rector became engaged in a scuffle. Warrants were issued for the arrest of the Calhouns (who fled immedi- ately after the perpetration of the act) and placed into the hands of Deputy Sheriff Snethen, who started in pursuit. The next morning John Calhoun gave himself up, and was taken to Troy and put in jail. It seems that Rector was regarded as a danger- ous man, having, at the close of the war, been tried and ac- quitted for the murder of one Joseph Hamilton, and that not much regret was felt at his death. He left a wife and four chil- dren.
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