USA > Missouri > McDonald County > Illustrated history of McDonald County, Missouri: from the earliest settlement to the present time > Part 7
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
116
HISTORY OF MCDONALD COUNTY.
right shoulder, one on the right side of the head through the temporal bone, the other in the cheek on the right side of the nose. The last two wounds were both fatal. The blood had run in a stream and was clotted all along the floor all the way to the fire place. Mrs. Moore was lying on the porch, across the front door her feet near the foot of the stairs. She was on her face, her head resting on both arms. She had been shot in the upper part of the arm, on the left side of the neck, and in the back part of the head. Dr. Mckinney says she was evi- dently running when the fatal shots were fired.
Toward the south end of the porch were the chairs where they had been sitting and their pipes from which they had taken their last peaceful smoke, were lying in the window. They had removed their shoes, one pair being found on the porch and the other pair in the house, like they had been removed and put away for the night. Both were in their stocking feet, she with a light summer dress, he having re- moved his coat and vest, and the top button of his pants unfastened as though preparing to retire. The lamp was still burning. The ex- amination showed that they had been dead about fifteen hours, both bodies being cold and stiff. Two other chairs were sitting on the porch near the two just mentioned indicating
117
HISTORY OF MCDONALD COUNTY.
there had been two visitors. Five shells of empty cartridges, number 38, were found near the door, and four of the same kind have been found on the premises since. In addition to the seven wounds found in the bodies two bullets had lodged in the floor. It is evident the shots were all fired from the same pistol, as the shells found were all punctured a little to one side of the center and all exactly in the same manner.
The only conceivable motive to the crime was robbery. Mr. Moore was a man of considerable means, and it was known that he was saving up money to pay off a mortgage on some property he owned in Kansas. The amount, if any, se- cured is not known, butis probably from two to five hundred dollars was obtained. It was evi- dently the act of some one who knew the family well and their financial condition. It isalso evi- dent Mr. and Mrs. Moore both knew their as- sailants, for strangers would not take such ex- treme precaution of shooting so many times to insure instant death.
Suspicion rests on parties not far away and some clues, which we are not at liberty disclose tend to confirm the suspicion.
A liberal reward has been offered, and it is more than likely the guilty parties will soon be in the meshes of the law.
Esq. Moore has long been one of the prominent
118
HISTORY OF MCDONALD COUNTY.
men of our county and was highly respected by all who knew him. His wife who was part Indian, was an estimable lady. They were about sixty years old and after giving a home to each of their children, were living out their old age in a comfortable home with plenty and to spare.
In the following September Lafe Hamilton and his brother Tom were arrested charged with the crime. The preliminary examination was held before Esq. S W. King at Pineville, lasted three days and resulted in the defendants being held to await the action of the grand jury. They gave bond in a few days and were released.
At the February term of court following these two defendants, with their brother William Hamilton and Andrew Taylor were indicted for the crime. Being unable to furnish bail, they were committed to the Newton county Jail where they remained until the August term of court, 1896, at which time the case against Taylor was nollied and the Hamiltons were tried. This is one of the most interesting cases ever tried in McDonald county. Hundreds of people came to hear it, and from Tuesday evening until Sat- urday evening the court house was literally packed full of people eager to catch every word of the evidence. The State was represented by J. D. Edge, prosecuting attorney, Hugh Dabbs
119
HISTORY OF MCDONALD COUNTY.
and J. W. Brunk, of Neosho, and H. C. Pepper and Tom Steel, of Cassville. The defendants were represented by George R. Clay and J. A. Sturges, of Pineville, A. J. Harbison, of Neosho, and Cloud & Davies, of Pierce City. The intro- duction of evidence was begun Wednesday evening and the arguments closed late Saturday afternoon. Sunday forenoon the jury returned a verdict of not guilty.
Up to the present writing, July 13, 1897, no other parties have been apprehended and it ap- pears that this great crime will ever remain a mystery, and its perpetrators go unpunished.
THE HANGING OF GRUBB.
IN JUNE 1885, Dorson B. Anderson a deaf and dumb man, left some point in Lawrence county with a team and wagon and came down into McDonald county, camping out while on his journey. Irwin Grubb accompanied him. They camped one night a few miles above Pineville and several days after the dead, and partially decomposed body of Anderson was found in one of the lonely hollows making out from Dog Hol- low.
Traces were found where the body had been dragged for some distance to the place where it was hidden, being covered with leaves and
120
HISTORY OF MCDONALD COUNTY.
brush. The wagon had been taked to pieces and hidden in the brakes of Sugar creek. Grubb was soon after apprehended in Lawrence county and brought back to the Pineville jail where he remained antil the night of his death. He tried to claim that the killing was an accident, but all the circumstances pointed strongly to his guilt.
One night in November. 1885, a mob made a very sudden and wholly unexpected raid on the jail, and took Grubb out and hung him to the limb of a tree near the spot where Dr. Chenoweth had been murdered, just at the bend of the road east of the school house.
THE KILLING OF WICK LANE.
THERE has never been a legal execution in McDonald county, but John Abels wasconvicted of the murder of Wick Lane in 1874. and hung at Carthage, to which place his case had been taken on a change of venne.
Abels was getting along in years and was living with a young woman, supposed to be his wife, though some of the older settlers say there had never been a formality of the marriage rite. He was not only jealous of her, but treated her with extreme cruelty considerable of the time keeping her chained. They were living ou
----
121
HISTORY OF MCDONALD COUNTY.
Patterson Creek.
In the spring of 1974, she eloped with one Neil Dodson, who had a wife and several children. They went to the Indian Territory. Abels accused Lane of being implicated in the ghur. He protested that he knew nothing of it und went with Abelsin search of the woman. They went east through some two or three countries, but failed to find any trace of the missing one. On their return, Abels became more suspicious of Lane, and accused him of leading him out of the way in order to give the fleeing parties a better opportunity to escape. They appeared to have stopped near a spring on Granny's Branch not far from where Cyclone now is where the killing was done.
Just how the murder was committed will never be known in all its details, but the evidence showed it to have been cool, deliberate and cruel. One who examined the body and the ground surrounding says that it is evident that Lane was sitting down against a white oak tree when the first shot was fired, as the bullet had lodged in the tree and the first traces of blood were found at its roots. From there to a spring a . few yards distant was a track of blood and in- dications that the wounded man had cron led from the tree to the water. Here he was found with his face down in the pool as though in the
122
HISTORY OF MCDONALD COUNTY.
act of quenching his thirst, when the second shot was fired. Either wound would have been fatal.
Abels took his victim's horse and revolver and fled. The dead body was discovered that day or the next and Abel was followed and cap- tured in the Nation. His case was sent on a change venue to Jasper county where he was convicted and hung. He acknowledged the crime on the day of execution, and said all he regretted was that Sam Lane was present to see him die.
THE EMMA BROWN CASE.
THE records of our county would hardly be complete without the sensation of trying a wom- an for murder. This was furnished by the trial of Emma Brown (Carroll) for poisoning her in- fant child. This trial was accompanied by two of the most remarkable incidents the writer ever saw or heard of when a woman was on trial for her life. The first was that every woman who attended the trial sympathized with the prose- cution and was eager for a verdict of guilty. The other, that Emma's own mother, without reserve, or hesitancy, and apparently without emotion gave at length and in detail the most damaging evidence against her daughter.
In September, 1886, the little baby diedu nder such suspicious circumstances that an inquest
123
HISTORY OF MCDONALD COUNTY.
was held and the coroner's jury brought in a verdict of death by poisoning. The parents, Charles and Emma Brown, were indicted for murder in the first degree.
The evidence showed that Emma had been wayward. She had met Brown for the first time but a few months before the child was born, and they were married soon after they became acquainted. The birth of the child under these circumstances caused trouble, although Brown it is said had been apprised ofthe facts before the marriage. The mother sent her little brother to Pineville after laudanum with a precaution to say nothing aboutit. The bottle was seen under her pillow, and afterwards found empty in the garden. On the other hand, it was shown that she was very fond of the baby and treated it with the affection common to young mothers. Of course the above is but a few of the points brought out in the evidence, and the fact that the child died from the effects of laudanum was not disputed. The defendant displayed remark- able nerve during the trial until her attorneys began addressing the jury when she broke down and wept violently for an hour or more. It was after dark when the jury reported and Deputy Sheriff, James Kenney started with her from the jail to the court house. Just outside of the east gate, they met John A. Ford, the Sheriff,
124
HISTORY OF MCDONALD COUNTY.
and Kenney remarked that Ford could take her up, while he looked after other business. She caught Ford's armin both of hers and remarked quite cheerfully, "Iv'e got me another beau. " They went on up to the court room where she heard the verdict of "not guilty," and the thoughtless, wayward girl went out again into the sunlight of freedom.
She had been tried separately from her hus- band and the jury thought there was a doubt as to whether she or her husband had given the fatal dose. The case against her husband was nollied.
DEATH OF LITTLE CLAUDE MORGAN.
ONE of the most distressing affairs ever wit- nessed in our county occurred at Southwest City the last day of March, 1895. An attempt was made to arrest Jack Carey, a half breed Indian, for disturbing the peace. When ordered to sur- render, instead of complying, he presented his winchester and opened fire on the officers. L. W. Carlyle, city marshal, Cap Franks, const- able, and deputy marshal, George Ratcliff, and Simps Melton constituted the possee trying to make the arrest. They returned the fire, and other parties began shooting at the same time, ostensibly at the officers.
125
HISTORY OF MCDONALD COUNTY.
When the shooting began Chas. Morgan, a white man who lived in the Nation, was coming into town from the north, his little girl and his little boy, Claude 5 years old, sitting with him in the wagon seat. One of the pistol balls struck the little boy, entering just above the right eye and passing out at the back of his head and pass- through the father's arm which was around the child. The little fellow died in about an hour and a half.
An inquest was held the following Monday, but it could not be ascertained who fired the fa- tal shot. Carey was shot in the groin and cap- tured. He was held in the sum of $1,000 for felonious assault, to which he entered a plea of guilty at the following term of court and was fined $125.
[There are two cases now pending in court an account of which will be given among the mis- cellaneous matters ]
126
HISTORY OF MCDONALD COUNTY.
CHAPTER VIII.
COUNTY OFFICERS.
As has been stated elsewhere, the first county officers after the close of the war were appointed by the governor of the state. Following is a list of the principal county officers from that date down to the present with the date of the appoint- ment or election of each.
REPRESENTATIVE.
IN 1864 an election was held, McDonald county voting at Newtonia. At this election Claudius B. Walker was elected to the legislature. He was again elected in 1866.
John B. Price held the office from 1866 to 1870.
John C. Lamson was elected in 1870 and served one term.
William C. Price was elected in 1872 and again in 1874, serving two terms.
J. J. Brown was elected in 1876 and served one term.
127
HISTORY OF MCDONALD COUNTY.
A. W. Chenoweth was elected in 1878 and served one term.
A. J. Phillips was elected in 1880 and served one term.
T. F. Ford was elected in 1882 and served one term.
Thomas Collins was elected in 1884 and served one term.
J. J. McNatt was elected in 1886 and served one term.
M. C, Christian was elected in 1888 and served one term.
James F. Kenney was elected in 1890 and serv- ed one term.
Richard J. Balch was elected in 1892 and serv- ed one term.
Fred M. Best was elected in 1894 and served one term.
James F. Tandy was elected in 1896, and still holds that position.
CIRCUIT CLERK AND RECORDER.
RUFUS L. HARGROVE was the first to hold this office when the courts were reorganized at the close of the war. He served during 1865 and 1866.
A. W. Chenoweth filled the office the next four years, 1876 to 1870 inclusive.
128
HISTORY OF MCDONALD COUNTY.
R. L. Hargrove was elected in 1870 and served four years.
A. M. Dillin was elected in 1874 and again in 1878, serving eight years.
H. A. F. Cloud was elected in 1882, and re- elected in 1886, serving two terms.
J. W. Shields was elected in 1890 and served four years.
S. G. Sutter was elected in 1894, and is the present incumbent.
COUNTY CLERK.
THE COUNTY and Circuit clerk's offices were filled by the same person until 1882 when they were separated.
M. R. DeGroff was elected in 1882 and served four years.
J. P. Caldwell was elected in 1886 and again in 1890, serving eight years.
Zach Baker, the present incumbent was elect- ed in 1894.
JUDGE AND CIRCUIT ATTORNEY.
THE record shows that Circuit court was op- ened at this place November 18, 1865. John C. Price of Neosho was Judge. He served in that capacity until 1869 when he was succeeded by B. L. Hendricks, who opened his first court Au-
129
HISTORY OF MCDONALD COUNTY.
gust 30, of that year. Judge Hendricks was on the bench until January 1, 1875, when he was succeeded by Joseph Cravens of Neosho.
Judge Cravens filled the office six years when he was succeeded by M. G. McGregor, of Carth- age.
Judge McGregor was re-elected in 1886, but the circuit being changed in 1889 caused a va- cancy, which was supplied, by the appointment of Judge Cravens.
Judge Cravens was elected in 1890 to fill the short term and served two years.
In 1892 J. C. Lamson, of Pineville, was elect- ed, and is the present incumbent.
CIRCUIT ATTORNEYS.
AT the beginning of this period a Circuit At- torney had jurisdiction co-extensive with the circuit court whose duty it was to prosecute all offenders, and, in fact, whose powers and du- ties were the same as the prosecuting attorney is at present.
George W. Randolph of this county was the first after the war to hold that office for this circuit. He was succeeded in August 1869, by J. L. Page of Jasper county.
Page served until September, 1871, at which time he was succeeded by A. L. Thomas of Carthage.
130
HISTORY OF MCDONALD COUNTY.
COUNTY AND PROSECUTING ATTORNEY.
BY order of the county court, May 9th, 1866, J. C. Lamson was appointed attorney for Mc- Donald county. He served until August 10, 1867 when he tendered his resignation which was accepted by the county court. He re- cieved $100 for his services.
By an order of court, November 9th, 1867, A. H. Kenney was appointed county attorney for a period of six months from November 4, 1867. His compensation for the term being fixed at the sum of $100 He served until removed by order of the county court, November 6, 1868.
He was succeeded by Oney Carstarphen in 1869.
PROSECUTING ATTORNEY.
J. L. Smythe was appointed county attorney by the county court May 1st, 1871. He was elected prosecuting attorney November 8, 1872.
John L. Barr was elected at the November election, 1874. He filled the office until removed February 9, 1876.
Z. T. Murphy was appointed February 9, 1876 and filled the unexpired term of J. L. Barr. He served two years.
John C. Lamson, the present Circuit Judge was elected at the general election, November 1878 and served two years.
131
HISTORY OF MCDONALD COUNTY.
J. W. Brunk was elected November 1880 and held the office one term.
James C. Cole was elected November, 1882, and re-elected in 1884, serving four years.
H. C. Pepper was elected to the office at the November election in 1886, and again in 1888, serving two terms.
Hugh Dabbs was elected in 1890 and 1892 holding the office four years.
J. D. Edge was elected in 1894 and held the office one term.
ยท George R. Clay, the present incumbent, was chosen at the general election in November 1896.
SHERIFF AND COLLECTOR.
JOHN V. HARGROVE was the first sheriff after the war, having been appointed to that office by the governor in 1866. He served until De- cember, 1867.
Samuel Baker assumed the duties of sheriff and collector, January, 1867.
James H. Wimpey took charge of the office in March 1869 and held the office for the year 1871-2
C. L. Fields held the office from 1873 to 1876 inclusive.
J. C. Montgomery was elected in 1876 and served one term.
132
HISTORY OF MCDONALD COUNTY.
E. M. Jarrett was elected November 5, 1876 and re-elected in November 1880, serving two full terms.
J. C. Seabourn was elected November 7, 1882 and held the office two terms.
At the election in 1886, John A. Ford was elected to the office of sheriff and collector, which he held two terms.
W. W. Bacon was elected in 1890 and held the office one term. After the close of this term the two offices were held separately.
J. T. Williams, succeeded Bacon in 1892 and held the office one term.
H. C. Prater was elected in 1884 and held the office one term.
Sheriff: George T. Woolard elected in 1892. John C. Kelley in 1894. R. Jarrettin 1896.
PROBATE JUDGE.
THIS court was in connection with the county court until the beginning of 1869. On the 24th day of March, 1868 an act of thelegislature was passed establishing the Probate courts in the various counties of the state. Pursuant to this law the records show that on the 11th day of January, 1869, the probate court of this county was opened and adjourned until the 4th Monday in January, the same year. This record is signed
133
HISTORY OF MCDONALD COUNTY.
by A. H. Kennedy, Probate Judge.
March 23rd, 1869, the record shows a descrip- tion of the seal of the Probate court for this county. This record is signed, Hiram Baker, Probate Judge. Hiram Baker opened court April 12th, of that year and held the office until February, 1873. C. P, Bullock succeeded Baker and held the office about one year.
Z. Smith held the office a short time in 1874, when he was succeeded by W. S. Street who was elected at the general election that year.
Judge Street filled the office three years.
Jessee Parish was Judge from January 1st, to June 1st, 1878, and W. C. Duval from that time to the end of the year.
These last four, Z. Smith, W. S. Street, Jessee Parish and W. C. Duval, were at the same time Judges of the county court.
Atthe November election in 1878, I. N. Sham- baugh was elected to the office. He was re-elect- ed in 1882 but served only part of his term. He resigned in 1883 and J. W. Brunk was appointed to fill the office until the next election.
W. E. Smith was first elected in November, 1884, to fill the unexpired two years of Judge Shambaugh's term. He was re-elected in 1886 and again in 1890, serving in all ten years.
James M. Elliot, the present incumbent, was elected at the general election in 1894.
134
HISTORY OF MCDONALD COUNTY.
COUNTY JUDGES.
THE first county court after the war consisted of Benjamin F. Hopkins, Enoch G. Williams and Isaac A. Harmon. The court assembled Monday, November 6th, 1865, Harmon not being present. The first order made was that appointing Ben- jamin F. Hopkins, Presiding Judge. Thirty days later, December 6th, an order was made appointing Enoch G. Williams Presiding Justice.
There appears to have been an election No- vember 6th, 1866, at which Hugh L. Testerman, I. A. Harmon and John Jones were elected county Judges. On the 17th of December following, Hugh L. Testerman was appointed Presiding Justice. -
At the November election in 1868. Joel Meador was elected to succeed H. L. Testerman, I. A. Harmon and Jehu Jones being elected for a sec- ond term. I. A. Harmon served as Presiding Justice pro tem from Jan. 1, 1869 until May 3, 1869, at which time he was appointed to that position by order of the court.
At the election in 1870 Joel Meador was re- elected, James H. Wimpey and Thomas McDon- ald succeeding the other two, Wimpey being appointed by the Governor in 1871.
February 15, 1871 James H. Wimpey was ap- pointed Presiding Justice by order of the court.
135
HISTORY OF MCDONALD COUNTY.
The three served until January 17, 1872, at which time Zach Smith took charge of the office, he having been elected at a special election Nov- ember 7th, 1871. He served until January 23, 1873, Thomas McDonald and John Evans were associates during Smith's term.
At the regular November election, in 1872, Geo. Manning and John Wilson were elected county judges, and the new court organized January 23, 1873, by electing Thomas McDonald Presiding Judge.
W. S. Street was elected judge at the No- vember election in 1874. During thenext four years there was but one judge instead of three as there was before and has been since.
Street filled the office three years. Jessee Par- ish was judge from January 1, to June 1, 1878. W. C. Duval from June 1, 1878 to the end of the year.
I. N. Shambaugh was elected Presiding Judge in 1878 and served four years. He was again elected in 1882 and served until 1883, at which time he resigned
George R. McMahon was elected Judge of the Eastern District, and J. D. Heron, Judge of the Western District, in 1878. Both were re-elected in 1880 and served a second term.
A. B. Shields was elected Judge of the West- ern District and Holly Hinton Judge of the
136
HISTORY OF MCDONALD COUNTY.
Eastern District in 1882. In part of 1883 and in 1884 J. W. Brunk filled the office of Presiding Judge by appointment.
Holly Hinton was elected for a second term in 1884, and J. D. Heron was again elected at the sametime. Both served two years more.
H. B. Landers was elected the same year to fill the vacancy in the office of Presiding Judge and served two years.
J. A. Sturges was elected Presiding Judge in 1886, H. J. Laughlin, Judge of the Eastern, and J. W. Nutting, Judge of the Western District. The two Associates were re-elected in '88, and these three composed the court for four years, 1887-91.
John M. Boyd was elected Presiding Judge in 1890 and served four years. John R. Patterson was elected Judge of the Eastern District and John W. Cunningham Judge of the Western Dis- trict the same year. In 1892 Cunningham was re-elected and C. J. Marrs, Judge of the East- ern District. Marrs resigned in the later part of 1893, and John R. Patterson was appointed to fill the vacancy
J. Turner Horner was elected Presiding Judge in November, 1894 which position he still occupies. J. W. Adkins was elected Judge of the Eastern Dictrict and Patrus Testerman Judge of the Western District in 1894.
137
HISTORY OF MCDONALD COUNTY.
George W. Mitchell was elected Judge of the Western District and William Newman Judge of the Eastern District in 1896.
ASSESSOR.
NOVEMBER 7, 1865, Henry H. Fox was appoint- ed assessor of McDonald county, by order of the county court. The next record I have been able to find is where the bond of James H. Wim- pey, assessor elect, is approved by the court, May 8, 1867. Mr. Wimpey served two years.
William H. Prater held the office for a short time, when he resigned and D. M. Mayhew was appointed to fill his place.
E. F. Burns was elected November 7, 1871 and served two years.
James H. Chapman was elected November 5, 1872, served 6 years.
J. J. Clanton was elected in 1878 and served two years.
H. A. F. Cloud was elected in 1880 and again in 1882.
John H. Chapman was elected in 1884 and served two years.
Zach Baker was elected in 1886 and served two years.
John P. Madden was elected in 1888 and again in 1890, serving four years.
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.