USA > Missouri > St Charles County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 106
USA > Missouri > Montgomery County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 106
USA > Missouri > Warren County > History of St. Charles, Montgomery, and Warren counties, Missouri, written and comp. from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri > Part 106
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Warren county has always been famous for speedy and exact justice. While the county has not been free from crime, merited punishment has been the rule for all who transgressed the law. In- cluded in this chapter will be found reference to the leading criminal trials which have occupied the attention of the courts in the past, one or two of which were murders sensational in their details, and mon- strous in their conception.
THE FOSTER CASE.
Sunday, August 29, 1875, was a day of intense excitement in the town of Warrenton. On the morning of that day Mr. Peter Barnes, the telegraph operator at the depot, while strolling along the track in company with a friend, was horrified and startled at discovering the dead body of a negro lying just inside the right of way of the St. Louis, Kansas City and Northern Railway, about one mile east of the town. The body was viewed by the proper officers, and the verdict of the coroner's jury was that death had resulted from a gun-shot wound in the back of the head at the hands of a person to them un-
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known. No one recognized the body, and the shot which had proved . so fatal had evidently been fired from the rear.
The officers began a systematic search for a clew, and were eventu- ally rewarded by the statement of James R. Avis, who stated that on Saturday before the killing he was hauling wood to Warrenton, and, when near the residence of Jesse McCann, he was accosted by a white man, who inquired the way to Lost Creek. He gave him the proper direction, and at the same time inquired the stranger's name, who re- plied that his name was William Foster. The man pulled a watch from his pocket, ascertained the time, and then asked Mr. Avis if he did not want to buy a gun. He stated that he had carried it a long way and it was getting heavy, so he left it a short distance back.
Mr. Avis, at the stranger's request, told him he would keep the gun for him, whereupon the stranger handed him a small quantity of shot, a powder flask and a box of caps, and, returning down the road about 100 yards, pulled a short single-barreled gun, with a strap attached to it, out from under the bottom rail of a worm-fence, where he had hidden it. Mr. Avis gave the officers a minute description of the man's dress and appearance, and search for the mysterious individual began at once. Constable George W. Dyer traced him to Lost Creek, and thence to Loutre Island, where he placed him under arrest.
Being locked up in jail, Foster, after a time, confessed to Sheriff John A. Howard, and also to W. L. Morsey, prosecuting attorney of the county, that he killed the negro.
The trial began at the November term of the circuit court of Warren county. Monday, November 22, the case was called, the jury sworn, and after an able defense, during which every possible effort was made in his behalf, he was found guilty and sentenced by Judge W. W. Edwards to be hanged on Friday, January 14, 1876.
Sheriff Howard proceeded with his arrangements for the execution. The district court affirmed the decision of the lower court and the law-abiding citizens of the county were confident that the majesty of the law would be established, when they were astounded by the receipt of a dispatch granting a stay of execution. So fully was the guilt of Foster established and so confident were the people that he would suffer the penalty of his crime at the time appointed, that crowds began to pour into Warrenton on the day selected for his execution.
Prosecuting Attorney Morsey, who had so ably represented the people on the trial of the case, immediately went before the Supreme Court at St. Louis and at once applied for a writ of habeas corpus, with
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a view of having the prisoner re-sentenced. He returned home and within a few days received a telegram stating that the Supreme Court had reversed the decision and remanded the case of Foster, which, of course, necessitated a second hearing of the testimony. The second trial of the case began on Tuesday, April 26, 1876, before Judge Edwards and a jury. No attempt was made to introduce any new evidence on behalf of the prisoner. He was ably defended by P. P. Stewart, Joseph L. Fant and Trusten Dyer ; but the jury again found him guilty of murder in the first degree, and he was sentenced by the court to be hanged on Monday, June 19, 1876.
Foster was a native of Callaway county, and at the time of his death was about 26 years of age. His conduct during both trials, his actions while confined in the St. Charles county jail, whither he had been taken for safe keeping ; his demeanor while upon the scaffold and the various low instincts exhibited by him subsequent to his arrest, stamped him as a degraded and dangerous character. At Wright City, while the train on which he was being brought to Warrenton stopped at the depot, several men and boys crowded up to the car window to get a sight of the felon, when with an oath he dashed his manacled hands through the window and came very near mutilating the faces of those who were standing near.
Arriving at Warrenton on Saturday evening preceding the day ap- pointed for the execution, he was left to the solitude of his cell and the gloomy forebodings of a conscience which during his confinement had impressed all who had seen him with the idea that he was a man whose death would be a boon to society. He was visited on Sun- day by a number of prayerful people, who sought to prepare him for the awful experience of the following day. He continued to exhibit the same spirit of desperate bravado that had characterized him since his arrest, although he ate heartily and slept soundly during the night.
At 10 minutes after 7 on Monday morning, June 19, Sheriff Howard made his appearance at the cell door to escort the doomed man to the place of execution, guarded by a body of armed men.
On the scaffold Sheriff Howard read the death warrant, amidst a painful stillness, during which Foster surveyed the crowd steadily.
After a few remarks by Foster, in which he claimed the injustice of his punishment, and after prayer by several of the clergymen pres- ent, Deputy Sheriff Cooke strapped the culprit's legs together above the knees and at the ankles, and at Foster's request tied handker- chiefs over his eyes and mouth. At 7:35 the fatal noose was ad-
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justed and the black cap drawn down over his face, shutting out the light of heaven forever from his view. Sheriff Howard pushed the lever and at exactly 7:37 William Foster had gone to the presence of his Creator.
The identity of the murdered man never was established, although every effort was made to ascertain who he was.
THE TAYLOR MURDER.
Foster suffered the penalty of his crime on Monday, July 19, 1876. The community breathed easier, and there was a general hope that Warren county had satisfactorily demonstrated that lawlessness and crime could not be committed with impunity within its borders.
But on the very next day another deliberate and premeditated kill- ing occurred near Pinckney, in the south end of the county.
A white man named Samuel Taylor lived with his wife and several children in a hut on the Pinckney bottoms, about two miles from the Missouri river. In the vicinity lived a negro named Daniel Price. For some time Taylor had suspected that Price was criminally inti- mate with his wife, and as the testimony afterward showed, had spoken to several friends regarding the matter. On the day that Foster was hung at Warrenton, Taylor and his wife had a quarrel. Taylor took his fishing tackle and started for the Missouri river. Shortly after his departure Price, who had heard of the quarrel, went over, but returned in a few moments, remarking to a friend that Tay- lor and his wife had had a "fuss." Price then loaded his gun and started off in the direction of Taylor's house for the purpose, as he said, of securing a squirrel for supper.
Nothing more was seen or heard of Price until the next morning, when he returned without any game, and explained his absence by saying that he built a fire and laid down and slept until morning. Shortly after Price's return Mrs. Taylor, accompanied by one of Price's daughters, came to the house after some flour, and informed an aged negro, " Uncle Dick," that her husband hadn't come back the night before. Dick remarked to Mrs. Taylor that he had staid by himself all night without anything to eat. The woman then inquired where Price was all night, and was told that he didn't get back until daylight. Soon after this Price went to a neighbor's to go to work.
The news of the finding of Taylor's body was taken to Warrenton, and W. L. Morsey, the prosecuting attorney, accompanied by an officer, immediately repaired to the neighborhood, and began an in- vestigation, which resulted in the arrest of Price as the murderer, and
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Mrs. Taylor as accessory after the act. They were brought to War- renton, and confined in the county jail. Price, through the assistance of two negro girls, Lucy and Martha Cordey, who had passed a hatchet and file to him, succeeded in breaking jail. He was accompanied in his flight from justice by two white men named Kampman and Slattery, who were awaiting trial for a burglary committed at Wright City. Sheriff Howard instantly offered a reward of $150 for the apprehension of the criminals, and called upon the Governor, who also offered a reward for their recapture. The case was taken up by Mr. Joseph Myers, of Wright City, who followed the fugitives, Price and Kampman, and finally after a chase of two weeks, ran the negro down at Upper Alton, Ill., where Mr. Myers, in company with William Wells, city marshal of Alton, recaptured him. Slattery was arrested in St. Louis, but Kampman succeeded in evading the officers. Price was brought back to his old quarters in the Warrenton jail on the night of October 30.
On the trial, which began on Tuesday, November 21, 1876, a perfect case was proved against him. The principal witness on behalf of the people, was Maggie Price, a daughter of the prisoner, who stated that, having done the terrible deed, Price went to the house where Taylor had lived, and where Mrs. Taylor and herself were sleeping, and she then saw Price thrust Taylor's pocket book through the chink- ing of the house, and afterwards heard him tell Mrs. Taylor that he had put Sam (Taylor) in a place where he would never get out - in a place deeper than the house.
The woman was tried and sentenced to the State penitentiary for 25 years. On the journey to Jefferson City she made a full confession, in which she admitted the truth of Maggie Price's testimony, and also related that Price told her that he and Taylor were standing upon the river bank, and Taylor was looking at the headlight of a train across the river on the Pacific railroad. As he stood in that position, Price slipped up behind him, struck him with the gun, then stabbed him, threw him into the river and watched him until he sunk, and before throwing the body into the river he took Taylor's pocket book off the body, thinking there might be money in it. Visited in the cell, Price denied any criminal intimacy with the woman, denied that he killed Taylor, but said he would rather die than live.
He was sentenced to be hanged by Judge Edwards on January 18, 1877, and upon that day expiated his crime upon the same gibbet from which in mid air the body of Foster had dangled six months before.
In all that is inhumanly diabolical, degraded and brutal, this crime has but few parallels in the criminal history of the country, and the
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speedy and exact justice meted out to the offenders reflected honor upon all the officers of the law who took part in ridding the world of the monsters.
The woman Taylor was pardoned out of the penitentiary during the fall of 1883, by Lieut .- Gov. Campbell.
THE MURDER OF JOHN HARTGEN.
Warrenton was again startled on the afternoon of Saturday, Sep- tember 21, 1879, by a report that murder had been committed on her main thoroughfare. Crowds ran to the saloon of Joseph Guggenmoose, where upon the floor was stretched the dead body of John Hartgen, a blacksmith. He had been shot by a pistol fired by one George Lee.
Lee was at once arrested by Sheriff Sam Cook and lodged in the county jail. At the coroner's inquest the following facts were de- veloped : -
The prisoner Lee owed the murdered man a small bill, and meeting in the saloon Hartgen requested Lee to pay him. Some discussion followed as to the correctness of the bill, which finally resulted in a quarrel. After some further parley Lee walked away. Hartgen then took a pistol out of his pocket and placed it under the counter, and was standing at the counter conversing with a friend. At this moment Lee returned to the open door of the saloon, and pointing a revolver squarely at Hartgen, with a frightful oath upon his lips, fired. Hart- gen clasped his hands over his heart and reeling away from the counter fell to the floor a corpse.
The coroner's jury found a verdict of murder. Lee was held with- out bail to answer.
About dusk on Monday, September 23, the citizens of Warrenton were again alarmed, and this time by reports that a mob was organ- izing to take Lee from the jail and hang him.
Throughout the evening men were noticed coming into the village from every direction, and at an early hour the crowd, numbering about 60, organized, and with faces disguised by masks, proceeded to the court house yard and surrounded the jail. Sheriff Sam. B. Cook, against the advice of his friends, repaired to the court house, and was at first refused admittance, but finally made his way to his office. Securing his pistols, he returned to the court house steps, and, ad- dressing the crowd, advised them to disperse, promising that the prisoner should speedily be brought to trial. After some hesitation, his advice was taken, the would-be lynchers departed, and thus ended what at one time foreboded lasting disgrace to Warren county.
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The counsel for the accused obtained a change of venue and Lee was taken to the St. Charles county jail.
The case against the prisoner was considered a strong one, but when the trial began at the March term of the court, 1880, the wit- nesses who had sworn that Hartgen put away his revolver, came on the stand and made oath that when the deceased was picked up a pistol was found on the floor near where he fell.
The jury, in view of this fact, brought in a verdict of acquittal, and Lee was discharged.
Great indignation followed the verdict, and Lee left the country never to return.
THE SHOOTING OF COL. MEYER.
On Sunday, April 18, 1877, in an altercation which took place on the main street of Warrenton, Col. Ferdinand Meyer was shot by Nat. C. Dryden, a well known attorney of the town. Col. Meyer was Collector of United States Internal Revenue, and resided at St. Louis. He had come out to Warrenton in search of an alleged illicit distillery, with a view of making an arrest if necessary, and was accordingly armed. While walking along the street he was addressed, as he conceived, in a scurrilous or insulting manner by Dryden, and walking up to the attorney, demanded an explanation. Dryden denied that he had insulted the irate Colonel. The latter then grasped Dry-
den by the lapel of his coat, when Dryden knocked him down. As Meyer arose from the ground he made an effort to get his revolver, but was told by Dryden that if he pulled it he would shoot him. Nothing daunted by this warning, Col. Meyer made another effort to get his revolver, when Dryden fired at short range, the ball strik- ing his antagonist in the mouth, and plowing its way through his head, came out at the base of the skull. He fell to the ground, and when picked up, still had his hand in his hip pocket, as though endeavoring to get his pistol, which was found upon his person. Dry- den delivered himself to the sheriff, was placed under bonds, and formally indicted. 'He took a change of venue to St. Louis county, where he was tried and acquitted on the ground of self-defense. Col. Meyer eventually recovered from the effects of his wound, which left him deformed for life.
MURDER OF MRS. CALLIHAN.
On Monday, September 22, 1851, Mrs. Callihan, wife of 'Squire Callihan, of Pinckney township, was murdered at her residence by a
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slave called Isaac. Mrs. Callihan was quite old and infirm, and in her struggles to prevent the wretch from carrying out a fiendish purpose, made an outcry, when the brutal desperado choked her to death. His arrest speedily followed. He was indicted, regularly tried, found guilty of murder in the first degree, and sentenced, on September 24th, by Judge Carty Wells, to be hanged on November 14, 1851. On that day he was hanged by Sheriff Jonathan D. Jordan, in the presence of a great crowd, who came to witness the first legal hang- ing that had taken place in Warren county.
THE BEVINS SHOOTING.
One of the most peculiar cases on record was the shooting of Mr. Bevins who lived in the vicinity of Smith creek, where it is intersected by the Holstein road. Mr. Bevins was sick, and confined to his bed. He owned several slaves, and one of the negroes conceived the idea of shooting him while asleep. Bevins had used some harsh language to the fellow, and he was thirsting for revenge. Proceeding to carry out his design, he procured a shot gun, took a position outside the window of the room where his master was lying, and deliberately shot him. He was captured, but Bevins realizing that he must die, got one of his neighbors named Kountze, to take the negro to New Or- leans, where Kountze sold him for $1,000 and brought the money home to the family of the murdered man. The negro was never in- dicted, and his victim was buried before the officers of the law knew of the facts.
CHAPTER VII.
POLITICAL AND ECCLESIASTICAL HISTORY.
Introduction - Early Political Customs-Chronicles of the Campaign of 1866 -How "Joe " Fount Collected his Mileage -- Presidential Election of 1866 - Official Di- rectory - Ecclesiastical Introduction - The Old Log Church near Hopewell - Pioneer Religious Customs - The Churches of the County.
In the early political history of Warren county, party lines were sub- stantially unknown. Personal fitness and character were the recom- mendations that commanded the suffrages of the people. Politics at that time had not been recognized as a legitimate business - promis- ing to the shrewd party managers a division of the spoils, resulting from party success - votes were cast for men of character irrespect- ive of party affiliation, and in consequence the body politic was not burdened with the corrupt and demoralizing associations and ideas that have been so prominent in the political history of the last 40 years. The art of " how to get the other fellow's man out, and yours in," had not been discovered and the science of political chicanery had no followers among the patriotic citizens of the time.
Candidates enjoyed the most friendly relations with each other, and traveled about in pairs from town to town, discussing opposite sides of the questions at issue in the local campaign. The acrimony and ill feeling that now predominates during these canvasses was unknown, and it may be said with truth, these were the halycon days of politics.
The early history of Warren county has left no record of the many campaigns that doubtless brought into prominence countless embryo statesmen, but it is a fact that previous to the War of the Rebellion, the county was classed as Democratic. At this time the population was largely German, and the dominant party lost its hold upon the county, as the Germans then afterward voted the Republican ticket, and the county has remained consistent in that faith, and has always given large Republican majorities.
One of the most exciting campaigns of the county was the election of November 4, 1866, which was memorable not only for the great interest exhibited by the contending parties, but also for the humor developed during the canvass.
In the Warrenton Banner of September 13, 1866, there appeared
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an article entitled "Chronicles," written in the style of the scriptural book of that title, in which were narrated in a humorous manner, personal characteristics of the candidates on the Republican or "Radi- cal " ticket, with prognostications of defeat for that party, given in a way that attracted universal attention. These articles appeared weekly until after the election. They were written by Peter P. Stewart of Warrenton, whose efforts elicited a " chronicle " from Philip W. Kohler in reply, which was at once accorded the merit of literary ability, and occasioned great merriment throughout the county.
The contest in this canvass was entirely confined to a factional fight in the Republican ranks, the principal interest being centered in the offices of probate judge 1 and member of the Legislature. The can- didates were Henry Parker and J. H. Faulconer for judge, and Joseph L. Fant and C. A. Kuhl for the Legislature.
The vote for probate judge was as follows: Henry Parker, 579; John H. Faulconer, 515; Parker's majority, 64.
The charge was openly made that while Mr. Faulconer was a member of the Legislature, he introduced, and succeeded in having passed, a bill creating the office of probate judge, for the purpose of filling it him- self, and upon this charge he was defeated.
The vote for member of the Legislature was: Joseph L. Fant, 385 ; C. A. Kuhl, 381; Fant's majority, 4.
Mr. Kuhl immediately gave notice of contest, and in the testimony before the justices of the peace who heard the case, succeeded in proving to the satisfaction of the court, that Fant had received five or six illegal votes, whereupon the certificate was issued to Kuhl. Fant then carried the contest to Jefferson City, where the committee on elections, after hearing the facts, sustained Kuhl, who retained his seat.
A good story is told of Fant's success in securing pay and mileage for the time spent at Jefferson City in endeavoring to secure his seat. After the decision of the committee in favor of Kuhl, Mr. Appleby, member from Scotland county, moved that Mr. Fant be allowed the regular pay and mileage, amounting to nearly $300. The proposition carried. During a conversation between Dr. William Adams, mem- ber from Butler county, and Mr. Alsop, of Douglas, which occurred immediately after adjournment, Mr. Alsop remarked that the idea of
1 The office of probate judge was created by special act of the Legislature in 1866, following which Henry Parker was elected first judge of the court. He filled the office until 1875, when he was superseded by D. P. Dyer, who served four years, re- linquishing the office in 1879, when Mr. Parker was again elected, and is still serving.
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paying contestants in that manner was all wrong, and that in his opin- ion, so long as the practice was maintained, the House would be bored with expensive contests. He also declared his intention of moving on the following day that the vote granting Fant the allowance be recon- sidered. Adams, who was a friend of Fant, at once went to him, and suggested that he had better see Alsop in regard to the matter. Fant replied, " Let him reconsider; it's a matter of no conse- quence to me. I've got the money in my trousers pocket, and he can move a reconsideration and be hanged." The House after making the donation to Fant had adjourned late in the afternoon, but, nevertheless, Fant had secured a voucher, had it signed by the Speaker, properly audited, and had drawn his money before evening, and his rapid manner of transacting business, especially when personally interested, brought out the remark from a well known member of the House, that Joe Fant would never require a guardian.
The highest vote cast at the election of 1868 was for the Presiden- tial candidates, which aggregated 1,212. Grant's majority was 486.
For Governor .- McClurg, Republican, received 819 votes and Phelps, Democrat, 383 votes ; McClurg's majority, 434.
For Congress .- Dyer, Republican, received 827 votes and Switzler, Democrat, 376 votes ; Dyer's majority, 451.
For Circuit Attorney .- Peers, Republican, received 585 votes and Carkner, Democrat, 531 votes ; Peers' majority, 54.
For the Legislature .- Muench, Republican, received 602 and Dryden, Democrat, 577 votes ; Muench's majority, 25.
For Sheriff .- McFadden, Republican, received 719 votes and Gar- rett, Democrat, 481 votes ; McFadden's majority, 238.
For Assessor. - Ruge, Republican, received 527, Hofer, Democrat, 128, and Thurman, Independent, 428 votes ; Ruge's majority, 99.
For County Surveyor .- Schmidt, Republican, received 626, Ritter, Democrat, 529, and Pitzer, Independent, 20 votes; Schmidt's ma- jority, 77.
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