USA > Missouri > Lincoln County > History of Lincoln County, Missouri, from the earliest time to the present > Part 33
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At the following term of the circuit court John Calhoun was indicted for the murder or for being a principal in the murder. He was prosecuted by the prosecuting attorney, George T. Dunn, assisted by A. V. McKee, and defended by Nat. C. Dryden and R. H. Norton. He was defended on the ground of "self defense." The State gave evidence to the effect that Calhoun was the aggressive party, and that Rector retreated; that he (Calhoun) took hold of Rector and that George Calhoun did the shooting; that Rector had a cane which he held in the middle and not in a striking posture. The evidence of the defense was that three or four hours before the difficulty took place Rector showed the head of his pewter-top cane to a witness and said he would "stick it into the heads of the Calhouns before night; " that he raised his cane to strike John Calhoun when they met, etc., and that about a year previously Rector had threatened to kill the Calhouns. The State, on rebuttal, proved by good witnesses that for the last six months Rector had sustained a good reputa- tion as a peaceable citizen, and had resolved to lead a better life. The jurors were J. A. Street, W. J. Wade, J. H. Pollard, G. A. Jennings, D. A. Dyer, J. B. Dyke, Jacob Geiger, Montgomery
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Geiger, Hannon Sneed, M. C. Blanks, H. C. Bahar and George Lovell. The theory of the prosecution was that Calhoun sought and brought on the difficulty, and therefore neither threats nor the bad character of Rector could justify the killing. The theory of the defense was, that Rector, being a dangerous man and having repeatedly made threats against Calhoun's life, and, according to some of the evidence, attempted to strike Cal- houn at the time, he was in fear of a deadly assault, and justified in the killing. The verdict of the jury was "not guilty," and the prisoner was released.
KILLING OF ALEXANDER CARTER, COLORED.
In February, 1875, John Crouch killed Alexander Carter, colored. There had been a dispute at the courthouse, which arose from Carter assisting a decrepit old colored man to the polls, at the same time crying out, " Hurrah for the railroad!" It is said that Crouch insisted that the negro had no right to vote taxes on him, and Carter maintained that he paid taxes and had a right to vote. Crouch seized an ax and struck Carter on the left breast, making a slight wound. Carter then knocked Crouch down, and struck him in the face two or three times before they were sep- arated. Crouch went down street and procured a pistol, soon met Carter on the street, and shot and killed him .* Crouch was arrested and given a preliminary trial (which lasted about a week) before J. B. Allen, a justice of the peace, who associated with him Squire John M. Reid. This tribunal, after hearing the evidence, which amounted to 27,000 words as counted on the manuscript, committed the prisoner to jail to await the action of the grand jury at the next term of court. Crouch was then con- veyed to St. Charles by Sheriff Thomas M. Carter, and there placed in jail. In the trial the State was represented by Pros- ecutor Josiah Creech and R. H. Norton, and the defendant by McKee and McFarland. On the 31st day of March, following, the grand jury being in session considered the matter and refused to find a bill of indictment against Crouch for the killing of the negro. Upon presentation of their finding, the judge of the court " ordered, adjudged and decreed that the prisoner be dis-
* Herald account verified by living witnesses.
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charged, and that he go hence without day." This ended the matter in temporal tribunals of justice.
It was on the occasion of the election held at the courthouse in Troy February 20, 1875, for the purpose of taking the expres- sion of the taxpayers and voters of Bedford Township upon the proposition of subscribing 855,000 to the capital stock of the St. Louis & Keokuk Railroad Company, to secure the building of the machine shops at Troy, that Crouch killed Carter. The peo- ple in the town were anxious to make the subscription, and con- sequently the leaders in the movement did all they could to secure the colored vote in its favor, while the people in the country, in view of the fact that the county had already subscribed $300,000 to the railroad, were generally opposed to making the further sub- scription of $55,000 by Bedford Township. Crouch lived in the country, and was opposed to voting the tax, while Carter, the negro, lived in town, and voted for the tax. Intense excitement prevailed in regard to the subject matter of the election, between the parties in favor of and opposed to voting the additional tax. The excitement grew into bitterness, and much bad blood was engendered. Those opposed to the proposed subscription of stock combined to furnish means for the defense of Crouch, and an overwhelming pressure was brought to bear in his favor.
THE KILLING OF THOMAS B. WALKER.
Thomas B. Walker lived about two miles east of Troy, and the parties charged with his murder, Monroe Thomason and Franklin Hartman, lived in the same neighborhood. A feud had existed for some time between Walker and Thomason. The for- mer cut a saw-log on land he was clearing and it was washed in a high water freshet onto the land where Thomason and Hartman were cutting timber. These men claimed the log and attempted to haul it away. Walker, seeing them, went to them and placed his hand on Hartman's arm, and warned him against moving the log. Hartman then struck Walker with his hand-spike, and in turn Walker felled Hartman with his fist, whereupon Thomason ap- proached with a bludgeon and delivered a blow on Walker's head, crushing the skull and killing him. They then carried Walker to his clearing, where he was found the next day, partially con- sumed by hogs.
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The killing of Walker occurred August 26, 1875. He was said to have been a peaceable and industrious citizen. He left a wife and four children. A coroner's inquest was held by Squire Allen acting as coroner, and the verdict of the jury implicated Thomason and Hartman in the murder. They were arrested, and at the following October term of the court were indicted for the murder. Thomason was tried October 13, the jury disagreed, and he was remanded to jail. His second trial began November 5, following, and the jury again disagreed. On the 7th day of December, following, he was arraigned the third time for trial. He then withdrew his plea of "not guilty," and entered a plea of "guilty as charged in the indictment," whereupon the judge sen- tenced him to serve a term of ten years in the penitentiary. At the same time, Hartman, whose case had been continued up to this time, withdrew his plea of " not guilty," and entered a plea of "guilty as charged in the indictment," and likewise received a sentence of ten years in the penitentiary.
MURDER OF MISS MARY ELLEN CALLAWAY.
On the 5th day of September, 1875, Meredith Waters, aged eighteen years, shot and killed Miss Mary Ellen Callaway, aged sixteen years, at or near the residence of her parents, in the vicin- ity of Old Monroe. Waters was arrested, and on being arraigned for examination before Squire Admire, he waived trial and was committed to jail. He claimed from the first that the shooting which caused the death of the young lady, was, on his part, acci- dental. In October, following, he was indicted by the grand jury for the murder. The indictment charged in substance that the wound which caused the death of Miss Callaway was received in her left breast from a double-barreled shot-gun, held in the hands of Waters. The State was represented by Attorneys Josiah Creech, prosecutor, assisted by McKee and McFarland, and the defend- ant by Stewart, Magruder, Avery and Wells. The jurors empan- eled were Henry F. Wells, foreman; W. A. K. Elsberry, John Ward; E. Hines, Barton Hubbard, H. C. Pennington, Thomas H. Harris, S. H. Uptegrove, Henry Wehrman, I. B. Thomas, William Sitton and Joseph Cantril.
After hearing the evidence, argument of counsel and charge
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of the court, the jury retired, and after deliberation returned into court a verdiet of guilty of murder in the first degree. This was the first verdict for murder in the first degree ever found against a criminal in Lincoln County, it being then fifty-six years after its organization. It should be observed here that the defense was made on the ground of accidental shooting, but evidence was given to show that the defendant was a rejected suitor of the young lady, and from this and other evidence the jury became satisfied that the shooting was intentional and not accidental.
Motions for arrest of judgment and for new trial were made by defendant's attorneys, and overruled by the Court. Sentence was not pronounced until after Henry Reakey was tried for the murder of his wife and also found guilty in the first degree.
MURDER OF MRS. ELIZA REAKEY.
Mrs. Eliza Reakey, who lived with her husband near Grant's Ford on the Cuivre, disappeared from home on Thursday, Sep- tember 9, 1875. Reakey followed her, and after being gone about four hours returned with some clothes which it was alleged she had taken away, and said he could not find her. On Sunday following (September 12), her body was found in the Cuivre at the ford, by Dr. Lindsey. At the following November term of the Lincoln Circuit Court, Reakey was indicted for the murder. Out of eighty men summoned, the following jurors were selected and empaneled to try the accused, viz. : Thomas J. Nally, Robert Black, E. A. Holmes, Douglas Wyatt, A. B. Ellis, Montgomery Geiger, W. J. Hardesty, John Sleet, C. W. Janes, J. W. Sitton, T. W. Wright and W. J. Holmes. The State was represented by Josiah Creech and G. T. Dunn, and the defendant by W. A. Alexander, of St. Charles, and McKee and McFarland. The testimony was voluminous. The marks of violence on her body showed that a murder had been committed, and the connection of Reakey with the tragedy was shown by evidence of his beating her on the evening of her disappearance, throwing her out in the yard, and leaving bloodstains on the floor. On this occasion Larkin Creech passed by and Reakey then desisted. After Creech had ridden out of sight he again heard the shrieks of the woman. Other evidence tending to the guilt of the accused was
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given. His plea of defense was that at times the woman was considered crazy, and that on this occasion she had committed suicide. The jury, after hearing the evidence, argument of counsel, and charge of the judge retired for deliberation and returned the following verdict:
" Troy, Missouri, November 4, 1875. We, the jury, find the defendant guilty of murder in the first degree.
(Signed) DOUGLAS WYATT, Foreman."
Afterward, at the same term of court, the Judge ordered the sheriff to bring the convicted prisoners, Meredith Waters and Henry Reakey before him, and upon their arrival, he addressed them as follows:
"I have sent for you, Mr. Waters and Mr. Reakey, to pass sentence upon you in accordance with the law and the finding of the jury in your respective cases. In this trying ordeal I shall perform the unpleasant duty that devolves upon me-the first of the kind I have ever been called upon to do in all my official life- with but few words. I consider it out of place to use many words on an occasion of this kind. You have been tried accord- ing to the requirements of the law, and the juries, composed of good, intelligent, conscientious men, have found you guilty of murder in the first degree. I must say that my deliberate judg- ment endorses their verdict. Your trials have been fair. No testimony that could have benefited you was excluded. You have had every advantage shown you that the law allowed. You have been ably and faithfully defended. Your counsel have seen fit, and very properly, too, in the exercise of their legal opinion, to ask for an arrest of judgment and a new trial. In the most searching review of the matter in all the points presented, I found no cause to grant either, and your counsel have given notice of an appeal to the supreme court. I deem it proper to say in your case, Mr. Waters, that the reason assigned for a new trial by your counsel-that the panel of jurors and a copy of the indict- ment were not placed in their hands forty-eight hours before trial-is one that might possibly have some weight in determin- ng the action of the higher court. I do not mention this to give i
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you any hope of a result different from that already arrived at. It would be wrong to excite within your breast a hope that my honest conviction tells me will prove fallacious." He then asked the prisoners if they had anything to say, either by themselves or by their counsel, why sentence should not be passed. A. V. McKee, speaking for Reakey, and Jeptha Wells for Waters, replied they had not. The Judge then resumed :
"It now remains for me to perform the awful duty imposed upon me by law. It is with the greatest feelings of regret that I do so. I wish you to understand that this is not my judgment but that of impartial jurors, and the sentence is that of the law. I beg of you to remember that. The sentence is this: That you be taken hence by the sheriff, in whose custody you are, to the usual place of confinement, and there to be confined until the 31st day of December, 1875, and on that day that you be brought to the place previously prepared for your execution, and that between the hours of 1 and 3 o'clock in the afternoon, you be hanged by the neck until dead. And may God grant you His patience in this the hour of your greatest trial; and may He mer- cifully grant you a true and sincere repentance for all the sins of your past lives."
In accordance with the foregoing sentence, a gallows was erected in the courtyard, and preparations for the execution of the condemned men were fully made. Meanwhile both cases had been appealed to the court of appeals at St. Louis, and a stay of the execution was granted by that court. The notice of the stay of executions was notreceived until the evening before the day that the unfortunate men were sentenced to be executed. The people of the country, not knowing the turn that affairs had taken, assem- bled in Troy early on the day appointed for the execution, but all were disappointed in witnessing the tragic scene. During the night, after the notice of the stay of execution was received, some parties in Troy, fond of amusement, made an effigy and hung it upon the gallows. This device had the effect to make it appear to some persons coming from the country, before they learned the true state of affairs, that one of the criminals had been exe- cuted before their arrival. In this way the anticipated serious matter was turned into that of amusement.
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HISTORY OF LINCOLN COUNTY.
In the case of State vs. Waters, the judgment was reversed on an error of the lower court, and the cause remanded for a new trial. In the case of State vs. Reakey, the judgment was reversed on account of the insufficiency of the indictment, and the cause remanded for a new trial.
SECOND TRIAL OF MEREDITH WATERS.
In April, 1876, Meredith Waters was again arraigned for trial, and the following jury was empaneled: Richard L. Janes, Thomas Buford, William ]). Shaw, E. G. Dehart, James M. Hall, W. H. Grimmett, D. R. Porter, W. A. Taylor, Andrew Wilson, Tobias E. Henry, Edmund Lahart and John G. Koster. The State was represented by Josiah Creech and Nat. C. Dryden, and the defendant by O. H. Avery, P. P. Stewart, A. H. Edwards and Jeptha Wells. The following is the verdict of the jury:
" We, the jury, find the prisoner guilty of murder in the second degree, and assess his punishment at sixty years' imprisonment. " R. L. JANES, Foreman."
The Judge, in mercy, threw off fifteen years, and sentenced the defendant to a term of forty-five years in the penitentiary. In accordance with the sentence, Waters was conveyed to the peni- tentiary and incarcerated therein until Christmas Day, 1887, when he was released by executive clemency.
SECOND TRIAL OF HENRY REAKEY.
On the 4th of April, 1876, a new indictment was found against Henry Reakey, and he was again put on trial for the murder of his wife. The jurors empaneled were Lewis Meyer, T. B. Green, J. P. Ellis, Thomas G. Branch, J. W. Palmer, Weston Ives, Will- iam Subert, T. G. Mitchell, John S. Cunningham, H. K. Elmore, T. B. Dyer and T. L. Elmore. After trial the jury returned the following verdict: " We, the jury, find the defendant guilty of murder in the second degree, and assess his punishment at twenty-four years in the State penitentiary."
[Signed. ] TAYLOR B. GREEN, Foreman."
Sentence was rendered in accordance with the verdict, and the prisoner was conveyed to the penitentiary, and remained
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therein about ten years, and was then pardoned out by the Gov- ernor.
It should have been said in a more appropriate place, that in both the Waters and Reakey cases, an appeal was taken from the court of appeals to the supreme court, where the decision of the court of appeals was affirmed.
KILLING OF CHARLES C. RANSDELL.
A difficulty arose between the sons of Francis C. Cake, Sr., and the step-sons of Charles C. Ransdell, the latter being the Bragg boys. These parties all lived in Troy. On the night of the 2d of August, 1879, they happened to meet in front or a little south of the front of King's drug store. As shown by the evidence in the case Francis C. Cake, Sr., and his son, Francis C. Cake, Jr., came out of the drug store and started south ward and after going only a few steps they came even with Charles C. Ransdell and one or more of his step-sons. Some of the parties clinched and became engaged in a struggle. Francis C. Cake, Jr., was seen to step out of the struggling crowd and with his pistol fire two shots into it. After the firing of the first shot, or perhaps after the second was fired, Charles C. Ransdell was seen to reel from the struggling crowd and fall. Other shots were fired by one or two other parties. Ransdell was carried into the drug store, where he died immediately from the effects of a pis- tol-shot wound. In the fracas Francis C. Cake, Sr., received a slight wound on his head, and Francis C. Cake, Jr., was wounded in one arm.
Joseph B. Allen, justice of the peace, and acting as coroner, summoned a jury and held an inquest over the dead body of Ransdell. The following is a verdict of the jury: "That said Charles C. Ransdell came to his death by a bullet being fired from a pistol and passing through the upper and left portion of his heart, and that said pistol was fired by and in the hands of Francis C. Cake, Jr., and which the jury do find was the immediate cause of said Charles C. Ransdell's death." Mr. Cake was arrested and given a preliminary trial before Squires Robert F. Waters and M. H. Brown, who held him under bond for his appearance at the next term of court. The State was represented by Pros-
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ecutor Josiah Creech and Norton & Dryden, and the defendant by Walton & Avery and Elijah Robinson. At the following October term of the circuit court Cake was indicted for the mur- der of Ransdell, and upon giving bond for his appearance at court his case was continued until April 2, 1880. He was then arraigned and plead " not guilty." The following jury was then impaneled to try the cause: Q. M. Wilson, John Fleener, W. T. Hall, J. W. Rush, N. M. Robinson, T. P. Moxley, J. A. Enusmaer, H. B. White, Berry Porter, Thomas D. Wilkinson, Robert Stewart and T. J. Henry. After hearing the evidence, argument of counsel and the instructions of the Court, the jury retired, and after deliberation returned their verdict, finding the defendant guilty of manslaughter in the third degree, and assessed his punishment at a fine of $500. Sentence was ren- dered accordingly, the prisoner to stand committed until the fine and costs were paid. The next day defendant's counsel made a motion for a new trial, which was overruled. Afterward, on peti- tion of the defendant, accompanied with his affidavit of insol- vency, Judge W. W. Edwards ordered that he should be dis- charged at the end of fifty days from date of his conviction.
MURDER OF OLIVER BARNES.
In the summer of 1880 Oliver Barnes and his step-son, John Howdeshell, aged eleven years, went into a field near the residence of James Cox, not far from old Alexandria, to catch some horses for the purpose of attending a picnic in that vicinity. They separated, and, after going to the house, the boy went back and found Barnes lying dead, about sixty or seventy yards from the. house of Cox. His skull had been crushed, and circumstances pointed to Jesse Cox as the perpetrator of the foul deed, there having been some dispute about Barnes' right to pasture his horses in the field. Squire R. F. Waters summoned a jury and held an inquest over the body. The jurors were L. Hull, W. R. White, Felix Raney, James Raney, William Broyles and Jacob Raney. Their verdict was "that Oliver Barnes met his death at the hands of Jesse Cox. " A warrant for the arrest of Cox was issued and placed into the hands of Deputy Sheriff Snethen, who executed it by placing Cox in jail. A preliminary trial was
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had before Squires Shelton and Waters. Attorneys Creech, Wells and Parker appeared for the State, and Walton & Avery for the defendant. According to the evidence Cox, who was a half-brother to Mrs. Barnes, lived on her farm. She testified that Cox had told her that he laid out by the brush fence all day, waiting for Barnes to come after the horses, but did not say what he was going to do. The Deputy Sheriff found a coat in the house of Cox with blood on it, and Mrs. Cox said the coat belonged to her husband. The attorneys for the defense submitted the case without offering testimony. The prisoner was remanded to jail to await the action of the grand jury.
He was indicted and tried at the following October term, and the jury disagreed. He was tried again at the following spring term of court, found guilty of murder in the second degree, and was sentenced to serve a term of fifteen years in the penitentiary, from which place he was released in 1886 by executive clemency.
KILLING OF MORGAN SHOW.
The Show family, consisting of several brothers and one or more sisters, and their widowed mother, lived on their deceased father's old homestead, in Pike County, about eight miles north of Louisville. In farming the place the brothers quarreled about the crops, etc., and it is said that during one season they were so angry and hostile each to the other that they carried their shot-guns strapped across their backs while at work in the fields. It seems that Morgan was the one most feared, and stood somewhat alone in his hostility toward the other members of the family. Early one morning, while Parrin Show, aged about twenty-one years, was at the barn feeding the stock, Morgan, his brother, went out and shot and killed him. Morgan was arrested and afterward indicted for the murder in Pike County. His trial was continued and finally moved to another county on change of venue. Mrs. Weatherfield, a sister of the Show brothers, lived with her family in the northwestern part of Lincoln County. After the killing of Parrin, it seems that Morgan was rejected in general by all the other members of the family; but as time passed on he began to repent of his conduct, or at least professed to repent, and said that he intended to lead a better life. In so
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doing he became, in a measure, reconciled to all the surviving members of the family, except his brother Marshall, who was not disposed to forgive him.
In the latter part of December, 1881, and the beginning of January, 1882, Morgan Show was out subpoenaing witnesses to attend his trial for the killing of his brother, Parrin; and on the evening of January 1, 1882, stopped at the house of his sister, Mrs. Merriweather, to stay over night. Presently, Mrs. Merri- weather discovered her brother Marshall approaching, and know- ing the bitter feeling that existed between the brothers, she met Marshall, told him that Morgan was in the house, and en- treated him not to stop on the occasion. Morgan then came out and invited his brother to dismount and come in, at the same time proposing that they should make up and become friends. The two brothers and their sister then went into the house together. Mrs. Merriweather retired immediately to get some fuel to replenish the fire. Her daughter, aged thirteen, was in an adjoining room (the kitchen). While the brothers were left thus alone pistol shots were heard. Morgan Show retreated from the room and fell dead near the outer door.
On January 5 Robert D. Walton, the prosecuting attorney, filed an affidavit before B. A. Gililland; a justice of the peace at Olney, charging Marshall Show with the murder of his brother Morgan. A warrant for the arrest of the accused was issued, and in due time he was brought before Squire Gililland for trial. He was prosecuted by Prosecutor Walton, and defended by Champ Clark and D. A. Ball. The witnesses testified to the facts pertaining to the killing as here given. Mrs. Merriweather testified positively that she heard three shots, and thought she heard two more. The little girl testified also to the hearing of the firing. Dr. T. M. Luce testified that he was called, and that upon examination of the body of Morgan Show he found three distinct wounds, two in the body and one in the head, that either of the wounds in the body was probably fatal, and that the one in the head was such a wound as would cause instant death; that the murdered man might have walked to the place where he fell with one or possibly both of the wounds in his body, but could not have done so after receiving the wound in
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