USA > Missouri > Saline County > History of Saline County, Missouri > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109
Majority for the Americans. 254
DURING THE TROUBLES IN KANSAS.
From the first of the troubles in the territory of Kansas, until the last, as to whether or not there should be slavery in the state upon its admis- sion into the Union, the people of Saline took a part therein upon the pro- slavery side. For some time many of those interested in the institution of slavery, believing their interests to be in danger, and that the end would justify the means, had been members of a secret political order looking to the preservation, perpetuation, and extension of the "peculiar institution." This organization had many members in this county, and three or four lodges or "camps." These were in communication with other " camps" in other states, and performed an important part of one division of the work for which the order was created. 17
258
HISTORY OF SALINE COUNTY.
This organization had its hailing signs, its grips, its passwords, and was near to kin and auxiliary to the famous Knights of the Golden Circle. It did what it could to make Kansas a slave state. Many of its members, as well as some other citizens of the county who were not members, went regularly to Kansas and voted every time a territorial legislature was to be chosen or a constitution adopted, and as regularly returned to their Missouri homes after the election! But the free-soilers of the north were pursuing the same tactics, and there was that sort of excuse, if it be law- ful to call it an excuse. Sharpe's rifles and brass cannon were bought with the proceeds of northern church collections, and sent in charge of men who would use them "to consecrate the soil of Kansas to freedom," as the northern abolition sentimentalists expressed it, and there was a great deal of fraud and other wrong perpetrated by both the pro-slavery and free-soil factions.
But there were many who went to Kansas from Saline county from 1854 to 1858, who went with the intention of becoming, and became, bona fide settlers, fought, when necessary, for their opinions and their property. Capt. John W. Reid, who commanded the Saline county company in the Mexican war, had removed to Jackson county, and from there had gone into Kansas, and was a prominent leader of the pro-slavery party. Many Saline county men took service under him, and were with him in several fights with the free soilers. Some of these men fought at Osawatamie, Leavenworth, and other places, while a few were with Hamilton at the Marais de Cygne,* where the twenty-two free state men were captured, tied to stakes or trees, and shot. This incident has been commemorated by Whittier in his poem, beginning-
" A blush as of roses Where roses never grew ; Great drops on the bunch-grass- But not of the dew."
The Saline county men who participated in this affair did so very reluct- antly, and only did what they were compelled to. It was this sort of warfare in the Kansas troubles that gave rise to jayhawkerism and guer- rillaism in the civil war, and caused such men as Jim Lane and Jennison and Quantrell and Bill Anderson.
Many prominent men of this county were in the territory, from time to time, giving advice and consulting among themselves. On the 30th of March, 1855, an election was held for members of the legislature. At Lawrence, a consultation of the pro-slavery leaders was held, the evening before this election, at the tent of Hon. C. F. Jackson, then present in the territory.+ The result of this conference was that the pro-slavery men carried the territorial election by a good, strong majority.
*" The Swamp of the Swans," Linn county, Kansas.
+Greeley's Am. Conflict, v. 1, p. 238.
259
HISTORY OF SALINE COUNTY.
From time to time, provisions, such as bacon, flour, potatoes, etc., together with arms and ammunition, were sent into Kansas, from Saline, and from time to time, " visiting statesmen " journeyed thereto. Mr. T. W. B. Crews, Hon. W. H. Letcher, Hon. Frank Mitchell, Gov. Jackson and others attended to the county's interest in this regard.
THE TRAGEDIES OF 1859.
In July, 1859, the county was greatly excited over a number of trage- dies and crimes of different degrees of enormity, that were perpetrated within its borders. On the 11th of the month, Jim, a negro slave, belong- ing to J. M. White, of near Marshall, attempted a rape upon the person of a respectable white lady, named Mrs. Habecot, who resided in that vicinity. He was arrested and confinec. in the county jail. On the 18th, a little girl, now an honored wife of a worthy citizen, of the county, was assaulted by a negro boy, the property of Dr. Wm. Price, while with some young companions gathering blackberries, near Arrow Rock, The child, only twelve years of age at the time, was seized by the negro, who was nearly in a nude condition, and carried into the brush. Her cries alarmed her assailant, and brought a rescuing party to her assistance, before the scoundrel had effected his designs. The same afternoon the negro was captured, and, upon an examination, before a committee of cit- izens, he was hanged the same night; his owner, being satisfied of his guilt, delivered him up to the citizens for that purpose.
Some time prior to this, a negro, belonging to a Mrs. Howard, of Arrow Rock, had assaulted Mr. W. T. Durrett, cutting him badly and causing him to lose the use of his arm. He had been arrested and was in jail.
On the evening of May 13th, Mr. Benjamin Hinton, of Waverly, was foully murdered at his woodyard, on the Missouri, at a point between Lanesville and Miami. His body was found in his cabin, by his negro men, with his head crushed in, apparently, with an ax or bludgeon. His trunk was found broken open and his pockets were emptied, leaving but little room for doubt as to the object of the murder. Mr. Hinton was a son of Col. David Hinton, of Waverly, and a young man highly respected and well-known.
On Sunday, after the murder of Hinton, John, a negro man, belonging to Mr. Giles Kiser, of this county, was at the farm of Mr. Grayson, about twelve miles south of the place where the murder was committed, where his wife belonged. He seemed to be greatly excited. He said he had seen a murdered man the day previous, in a cabin, at the river, and that the body was laid out-the hands crossed, and the feet placed together. He expressed great alarm, and excused himself for not letting the fact be known before by alleging that Salt Fork was high, and he could not cross it. A $10 bill was found in his possession, with marks of blood on it.
260
HISTORY OF SALINE COUNTY.
The negro told conflicting stories as to how he had obtained the money. Blood was discovered on his clothing. Thirty-eight dollars were found in his wife's cabin, hid away in a mitten known to be Mr. Hinton's. Fifty-two dollars in all were obtained, a part of which was in the hands of other negroes, to whom John was indebted. John accused another negro, named Dick, of the murder, but nobody believed him. He was arrested and confined in jail, at Marshall. Afterward he was taken to the Boone- ville jail for safe keeping, threats having been freely made to lynch him.
The people, impatient at the "law's delay," could not wait for the reg- ular term of the circuit court for the trial of John and the other negroes, and petitioned Judge Russell Hicks, then circuit judge of the Sixth dis- trict, to grant a special term for their trial. The judge granted the peti- tion, and ordered the term to be held on the 19th of July. On that day John was tried, convicted, and was awaiting sentence, when he was taken from jail by an infuriated mob, and burned to death! Jim and Holman were also taken at the same time, and hung near where John was put to death, in the little ravine, about 200 yards north of the public square, in Marshall. The Marshall Democrat, of July 22, contained the following account of the affair :
THE PROCEEDINGS ON TUESDAY.
A special term of the Saline circuit court was held on Tuesday, for the trial of the three negroes, each for separate offenses. John, belonging to Giles Kiser, charged with the murder of Benjamin Hinton, on the 13th of May, last, was first indicted, tried, and convicted. Holman, belonging to Mrs. Howard, of Arrow Rock, charged with an assault upon Wm. T. Durrett, with intent to kill, was indicted, but had not yet been brought to trial; Jim, belonging to J. M. White, charged with an attempt to commit rape upon the person of a white woman, two weeks ago, had been indicted and brought into the court house for trial, but his case had not yet been disposed of when the court adjourned for dinner.
John was convicted of murder in the first degree, and was remanded to jail to await the sentence of the court. On the way to the jail a crowd began to gather, but had hardly gained sufficient force to take him out of the hands of the sheriff, which it was evidently their intention to do. Reach- ing the jail the sheriff had barely time to close the outside door of the cell in which he had placed the prisoner when a crowd of individuals rushed in and demanded the culprit at the hands of the sheriff, who refused to comply with their request. A sledge-hammer was brought into requisi- tion, but before any damage was done the keys were forcibly taken from the jailor, and in a few moments John and Holman were in the midst of the crowd and borne away from the jail. Jim was yet in the court house under guard until the court should resume its session after dinner. A detachment of the crowd proceeded to the court house and took Jim out of the hands of the guard, and they were all then taken to a grove adjoin- ing town, where one of them, John, was chained to a tree and burned, and the other two were hanged. A coroner's jury was impanneled and sat on the spot. A verdict was rendered that the negroes had come to their death at the hands of a mob.
261
HISTORY OF SALINE COUNTY.
John was about 23 years of age, a valuable slave, worth probably $1,500; had an intelligent and open countenance, and conversed very freely with all those who indicated a willingness to hear him while he was chained to the stake. He had confessed his guilt shortly after his first examination, stating that he had gone to Hinton's cabin on the night of the 13th of May, having provided himself with a bludgeon. and called him up saying he had a note for him from Mr. Kiser. As soon as Hinton opened the door he struck him the fatal blow. On Tuesday when chained to the stake he said he had an accomplice. We have no means of knowing whether it was the
fear of death or the hope of punishing an enemy that brought this last con- fession. A white man, John averred, was his accomplice and shared the gains. He was heard through, and then the match was applied to the combustibles piled round him. When the flames began to hiss about him, and the fire to penetrate his flesh, he first seemed to realize that he was to expiate his crime in that dreadful manner, for all along he had fed upon the fond belief that an honest confession would mitigate his punishment. We did not hear of his having made his peace with any judge more terrible than "Judge Lynch." In his agony he prayed more to those around him, than to the One above him. He screamed and groaned and implored those about him for mercy, calling on those he knew by name. He lived from six to eight minutes from the time the flames wrung the first cry of agony from his lips, the inhalation of the blazing fire suffocating him in a short time. His lips and arms were burnt, a portion of his head and face, and a part of his chest. His body remained, a charred and shapeless mass.
Holman was about thirty years of age, we believe, and had the repu- tation of being a vicious negro; certainly he had much the worst counte- nance of the three. He belonged to a widow lady of some property, and was worth probably $1,000. His offense was not so great as John's, solely, it is thought, because he lacked opportunity. As it was, he came very near taking the life of an esteemed and valued citizen, who, we understand, was only saved from a brutal murder by the heroism of his wife. Holman had not yet had his trial, but was taken out with John. He struggled but little and seemed resigned to his fate. On arriving at the place of execution, a rope was speedily adjusted about his neck, and he was swung up to the limb of a walnut tree close to the one where John was chained. He did not struggle, but died apparently easy.
Jim was from 32 to 35 years of age, worth probably $1,000. He strug- gled hard to free himself of those who had him in charge, but was secured and taken to the place of execution without maaterial injury to any one. To our eye his offense was the blackest of the three, but the law does not recognize it as equal to either of the others; at least the punishment pro- vided is not so great. It was the intention of the mob at first to burn Jim along with John, but he was finally swung up on the same limb with Holman, where he struggled for some time, dying hard. The bodies all hung until Wednesday morning, when they were buried near the place of execution.
Those instrumental in putting the negroes to death were the friends of Hinton from Waverly, parties from Arrow Rock, and some others from near Marshall. The mob was harangued and incited by J. M. Shackle- ford, who published a defense of the proceedings in the Democrat, saying
262
HISTORY OF SALINE COUNTY.
among other things, "I know of no reason why we should not have a little mob law in the state of Missouri and the county of Saline when the occasion imperiously and of necessity demands it. * * Abolitionists and negro sympathizers have had a great deal to do in cre- ating a spirit of insubordination amongst our negro population. Every abolitionist ought to be driven out of the country; every free negro should be sold into slavery or go out of the state; no more emancipation without sending the negroes out of the state."
The conduct of the citizens in thus taking the law into their own hands was widely, and, in some instances, severely commented upon. The news was carried to the north, and the journals of that section were not slow in spreading it and making all the capital possible out of it. After the civil war broke out, often when federal troops first visited the town of Marshall, they would remark to the citizens: "Ah! here is the place where you burn men at the stake, is it?" Let it here be recorded, how- ever, that the leaders and chief instigators of this affair were not citi- zens of Saline county; Waverly and the region around about, where the relations and intimate friends of Hinton lived, furnished the leaders, and their aiders and abettors were chiefly the relatives and friends of Mrs. Habecot.
Judge Hicks was so much chagrined, mortified, and indignant at the lawlessness of the people and the contempt they showed for his court, that he declared he would never again hold a term of court in Saline county. Accordingly, he tendered his resignation, which was accepted. He also published in the Lexington Express, of the 29th, a long letter to the people, of which the following are the chief portions:
* * While holding the Lafayette circuit court, a petition, signed by a large number of citizens of Saline, was presented to me, requesting a special term of the trial of the negro (John) as soon as convenient. * Some days before the special term was held, a negro, named Holman, committed an assault upon a young man, named Durrett, inflicting a wound on one of his arms, which greatly endangered his life, and will, it is thought, make him a cripple for life. This occurred in the neighbor- hood of Arrow Rock. Again, a short time before the special term, a negro, named Jim, was charged with an attempted rape upon a white lady, in the vicinity of Marshall. Both of these negroes were in jail. And yet again, on the day preceding the special term, a negro, belonging to Dr. Price, at Arrow Rock, had attempted a rape upon a white girl, some twelve years of age. The girl was severely injured, and the negro, on Monday night, was hung.
I learned the facts about the three last named negroes on my arrival in Marshall on the morning of the special term. The sheriff, Mr. Smith, and the circuit attorney, Mr. Bryant, both came to my room and informed me of the foregoing facts, (except the hanging of the negro at Arrow Rock, which was not known, but strongly suspected). I inquired if there was danger of popular violence, and they both promptly answered they
263
HISTORY OF SALINE COUNTY.
thought there was. I observed to the sheriff that, in view of the above facts, a posse must be had. He replied, somewhat to my surprise, that he did not believe an efficient posse could be got. I inquired if it were not possible to prevent violence, at least during the term of the court. They both seemed to think it could. I made some inquiries of others as to the state of feeling of the people, in order to satisfy myself as well as I could of the danger to be apprehended and of the best course to be pursued in the approaching crisis. I might soon expect three distinct, exasperated par- ties in and about the court house, relations and friends of the deceased, of the outraged lady, and the injured young man. I felt the responsibility of my position in its full force. My resolution was soon taken I resolved to trust to the moral force the court could exercise, at least for a time, not in the least suspecting an outbreak until towards evening. I am satisfied in the end no different result could have been obtained by any other course.
Court was opened between eight and nine o'clock in the morning and a grand jury empanneled. After I had spoken to the grand jury in the usual way for a special term, I addressed the people in the court house (it was very crowded) in a mild yet firm manner, stating the rumors of expected pop- ular violence that had reached me; hoped there was no sufficient founda- tion for the rumors; that however well they could justify themselves to themselves for wresting the prisoners from the officers of the law and inflicting summary justice on them, it would not be so easy to justify themselves to the world, especially as the court was in session for their trial, and hinted that the enemies to our institutions would rejoice in and triumph over such a scene; that, if guilty, in a short time the prisoners would receive in a legal manner the punishment due to their crimes; that however much their feelings were irritated and exasperated (justly, too,) they should think and consider that if they acted in a summary manner at the present time, it could not be so easily justified or excused as it could have been when the offenses were first committed and no court convened for the purpose of trial. I exhorted the old and thinking men of the crowd to keep down popular excitement, if any should be shown, etc., etc. As I made these remarks I glanced rapidly around the court room, and thought I could see marks of approbation on the countenances of many, and looks of defiance on the countenances of but few.
John was put upon his trial for the murder of Hinton, and counsel assigned him. A verdict of murder in the first degree was rendered by the jury. The court, as is customary in such cases, remarked to the prison- er's attorneys, that time would be given to prepare motions in arrest of judgment, or for a new trial if they desired. At this time I saw, as I thought, signs of impatience on the countenances of some for the expected sentence. The thought flashed across my mind that if the prisoner was publicly ordered back to jail, he would never reach there.
Jim, for the attempted rape on the lady, was brought in. A jury was impanneled and sworn. The rush into the bar was such that the sheriff could hardly keep it clear. Dinner hour arrived. No formal adjourn- ment of court was made, but a recess of an hour was announced. The prisoners, John and Jim, were by the court ordered to remain in the court house in charge of the sheriff. The sheriff was afterwards privately told by the court that as soon as the crowd should have dispersed (as it was supposed it would), to convey John back to the jail. I kept upon the bench a few minutes, observing the movements of the people. Many left, but
264
HISTORY OF SALINE COUNTY.
the court house was not cleared, as is usual on such occasions, and I observed men advancing into the bar whose countenances clearly, as I thought, indicated their purpose. I came down from the bench, took a position near the prisoners, and inquired for the sheriff, whom at the time I did not see, but was informed by one of the deputies that he was not far off. I remarked that the prisoners were in no danger in the presence of the court, and requested him to go and tell Smith to come to me. Smith came and I told him to take John to the jail and I would go with him. Smith started with the negro, I close behind. Before we reached the gate of the court house yard, the pace was quickened to a very rapid walk. By the time Smith cleared the court house yard I observed, to my right, crowds of men getting over the fence of the court house yard, and coming down the street in the direction of the jail. Their purpose, at least some of them, will be readily guessed. Smith again quickened his pace, and to such a degree that my unwieldy body and crippled leg could no longer keep up. The prisoner reached the jail and was locked up by Mr. Arnott, the jailor, a large crowd being assembled in front of the jail door. A gentleman named Shackleford mounted the steps at the jail door and harangued the crowd, inciting them to acts of violence. I requested Mr. Bryant, the circuit attorney, to go and address the crowd and see if he could not appease them. He went, but shortly returned and said that Mr. Shackleford, as respectable as any man in the county, was addressing the crowd, and that if such men as he had taken the matter in hand, it was all over with the prisoners.
The crowd demanded the key of the jail, but Mr. Arnott, the jailer, refused to give it up, and made, for a single man, what defense he could. He was overpowered, the key taken from him, and the prisoners, John and Holman, the latter having never been before the court, were taken from the jail to a grove near the town, some two hundred yards, more or less, from the public square. In the meantime a party appeared in the court house, where Jim was in the custody of two deputies, and forcibly wrested him from their custody, presenting, as one of the deputies told me, pistols, and threatening to shoot them if they resisted. Jim was taken to the same grove, and there he and Holman were hung, and John burned to death.
So soon as the officers of the court could be again convened, an order in each of the cases was made requiring the sheriff to bring into court the prisoners, to which orders he returned substantially the facts above stated, and was by the court excused. Court then adjourned until court in course.
I have been thus minute with all I had to do, or that was done, so far as I know in this matter, as perhaps it will appear in almost every paper in the union, and many out of it, and the facts attending it knowingly, as well as unknowingly, misrepresented.
* My feelings as a man, as well as a judicial officer, have been cruelly wounded. I have presided as a judge in this circuit for near three years. I was proud of the circuit in which I presided, and well I might be. Perhaps it is the most populous, most wealthy, and had the greatest amount of legal busi- ness in it of any circuit in the state, outside of St. Louis. I was proud to serve such a people. To find myself both morally and physically to be unable, with the assistance of the proper officers, to pro- tect prisoners at the bar of the court while upon their trial; to keep them from being dragged from the hall of justice by violence, and hung and
265
HISTORY OF SALINE COUNTY.
burned in sight of the court house, was a blow I was not prepared to receive.
Judge Hicks was born in November, 1809, in Worcester county, Mas- sachusetts. He was raised and educated in New York state. In 1826 he came to Saline county, and worked for a time at splitting rails and cut- ting cord wood. He read law with Judge Todd, at Old Franklin, and in 1832 went to Independence and opened a law office. He became a very prominent lawyer. In 1856 he was elected judge of this circuit, on the whig ticket. He lived in Jackson county, near Lone Jack or Hicks City, when the war broke out. Being an outspoken, sonthern man, he was soon compelled to leave home. He lived in St Louis during the war. At the close of the war, he went to Sedalia, and for a time was a member of a law firm with John F. Phillips and George G. Vest, as co-partners. He died at Warrensburg, April 19, 1876. Judge Hicks was very justly regarded as one of the ablest, purest, and best men of his day.
On the 15th of September, 1859, the old soldiers of the war of 1812, residing in this county, and the western part of Lafayette, met at the res- idence of one of their number, Benoni Robion. There were present, Col. Wm. Boyce, Boston Poisal and Jacob Funk, from Lafayette, and ex-Governor M. M. Marmaduke, P. W. Thompson, James Valdenar, G. T. Chrisman, B. Hale, John Murphy, Benoni Robion, and others from this county. Col. Marmaduke presided. Resolutions were adopted requesting the general government to grant aid to those of the old sol- diers who were in distress.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.