USA > Missouri > McDonald County > Illustrated history of McDonald County, Missouri: from the earliest settlement to the present time > Part 9
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county. They were generally worthless char- acters that had temporarily settled in some remote ridge or hollow, and were without visible means of support. Sometimes a bundle of switches would be left with the note of warning. From 1882 to 1884 some three or four parties were whipped and a few others visited by a committee, but the offenders happened to be ab- sent and thus escaped.
In 1883 old man Bird, who had settled on some land near James Tatum,s farm in Beaver val- ley, was taken out one night and severely whip- ped. Bird claimed the chastisement was ad- ministered for settling on the land, but the com- mittee said it was for appropriating his neigh- bor's swine without authority or due process of law. A man named Martin was subjected to a similar treatment. Also one Joy in the vi- cinity of Indian Springs was taken out one cold night and thoroughly dressed down. When turned loose he started off on a run and did not stop until he got to Pools Prarie in Newton county where he crawled into a straw stack and finished thenight. The next morning the owner went out to the stack, and seeing a pair of boots sticking out of the straw rousted him out and asked if it wasnt a pretty cold birth. Joy replied "If you'd been where I was last night, you would have thought it pretty d-n hot!" If he
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kept on at the rate at which he started, it is likely that Mr. Joy fried his pork a few weeks later at the camp fire which he kindled out of the north pole. There was much difference of opinion among the people as to these proceedings and a persistent effort was made to punish the parties who were engaged in these nightly ad- ministrations of "justice." " Various persons were arrested and in one trial before a justice of the peace the evidence seemed conclusive that two of the parties held loaded pistols on the complainant while others did the whipping. At the discovery of this evidence, J. C. Cole, prosecuting attorney, asked the justice to dis- charge the jury and hold the defendants to an- swer for a felony. The justice sustained the motion and put the defendants under bond to await the action of the grand jury. Before that time arrived the complainants had moved away and the prosecutions were dismissed.
While these matters were serious, and it is to be regretted that they, or the circumstances which led to them ever occured, there were many amusing incidents connected with them. It was during the progress of one of these trials that a witness swore that Mart Epperson was one of the parties that whipped him, giving as his reason for knowing who it was that he saw and identified Epperson at the time. To the
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surprise and consternation of his friends and attorneys Epperson remarked in a crowd. "That feller swore to a d-n lie, for I had my coat turned wrong side out and a handkerchief over my face, and he couldn't see who it was."
It was about this time that the Law and Order Brotherhood sprang into existence. It is said to have numbered over four hundred members and included many of the best citizens of our county. Its province was to aid in the enforce- ment of the law and it no doubt did much to put a cheek to the perpetration of crime in our county.
These comparatively mild applications were followed later by the killing of Garland Mann in the Neosho jail and the hanging of Irwin Grubb and Canada Bill. After these events murders were much less frequent and the petty thieving almost entirely ceased. Prosecution in our courts have been much more effective, convictions having been the rule rather than the exception, as before, and our people almost universally rejoice that there is no necessity for further invoking mob violence.
BURNING OF THE OLD JAIL.
IN February, 1888, while old man Bird and a couple of other prisoners were confined in the
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old jail at Pineville, on a conviction for stealing chickens and geese, it took fire and burnt down. The jail was a log structure with a door on top through which ingress and egress was made. The floor was composed of three layers of hewn logs, the second laid cross-wise of the first and the third across the second, the three layers be- ing about eighteen inches thick. When the fire got started down into the cracks of the floor there was no chance to get water to it and no way to tear it up. The people of Pineville and vicinity turned out almost to a man and worked all day carrying and hauling water trying to save the old building. While they were thus at work the prisoners, who had been removed to the court house, stood at the windows and jeer- ed at the men at work trying to extinguish the fire.
Their day of jubilee, however, did not last through the night. Tired and wet and muddy, the men were not in a mood to be ridiculed with inpugnity, besides it was thought the prisoners had fired the building with hopes of making their escape.
The prisoners were placed in charge of J. F. Fulkerson, constable of the township, to guard through the night. Along in the early part of the night some one called to him to come down stairs, that Kenney, the jailer, wanted to come
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up. He came down, and the moment he opened the door he was seized by a couple of men. Others went up and got the prisoners who were just getting into bed. They were taken off up the ridge northwest of town a short distance, Fulkerson being taken by the guards along a few yards back of the crowd. He fired his pistol a few times to give the alarm, but the citizens who saw the mob either thought the prisoners were escaping, or did not feel disposed to in- terfere. Kenney, the Jailer, followed in dead earnest to recover the prisoners, but he missed the way and went the wrong road, running until he was entirely out of breath and exhausted.
The prisoners were very much frightened and thought they were going to be hung. Old man Bird said to them in a very solemn and im- pressive voice. "Do you know there is a hell?" One of the mob replied, "yes by, - and we are going to give you a taste of it. " When they reached a spot that was convenient and suffi- ciently secluded, they halted and prepared to administer the whipping. Old man Bird was asked if he had not been whipped once before. He replied that he had for preempting a piece of land. He was then told he could take another for preempting a goose. He was then given a severe whipping, the shreds of his shirt being left on the withes that were used. One of the
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boys was given a few licks, and the other one excused with a reprimand. They were then turned loose with an injunction to leave the county. Fulkerson was also discharged and sent back to town. The three prisoners found their way to W. R. Barnes' house, where they were supplied with shoes, and went on to A. J. Watkins'. He gave them a firebrand and directed them to a vacant house, but they failed to find it and built up a fire and staid in the woods all night. They suffered intensely through the night and the next morning they returned to Watkins' nearly frozen, the weather being very cold. They were given breakfast and then went to their homes.
Bird and his family remained in the county for some time swearing eternal vengeance, but no attempt was made to execute their threats. An effort was made by the next grand jury to investigate the matter, but no one knew any- thing until after the case was barred by limi -. tation.
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CHAPTER XI.
WAR STORIES.
THE history of this county during the Civil War is one that is difficult to write, and about which there is much difference of opinion and many conflicting reports. The inhabitants of the county up to that time were principally from the southern states, and a majority con- sidered that their interests were with the south- ern people. At the same time there was a strong Union element among them who resisted secession until the war was begun, when they cast their fortunes with the Confederacy. There was stillanother element, largely in the minority in this county, that remained loyal to the last. Many of these were from the southern states, and the animosities engendered between them and their old neighbors were bitter to an ex- treme known only in war times and between citizens of those states. It was a time that truly "tried men's souls." It laid bare to the public gaze the true character of men and re-
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vealed them in all their moral corruption or noble humanity as could be done under no other con- ditions. The results of this ordeal were quite the opposite to what in many cases were ex- pected. Men who had been regarded as timid became the bravest of soldiers. Some who stood well in the community were the first to avail themselves of the opportunity to rob and plunder, while others who were regarded as rather "tough," became prominent in their efforts to restrain violence. Those who entered the regular service, as a rule, became honorable soldiers and conducted themselves in a manner becoming civilized warfare. The deeds of cruelty were generally the work of bands or- ganized either for plunder or revenge.
The acts of heroism, if all recounted, would fill a volume much larger than this. There are many instances where the ties of friendship and love of humanity rose far above the passion and hatred of war. Time and again, both Union and Confederate men and women have taken their lives in their hands, as it were, and gone at the dead hour of night for miles over these lonley hills and valleys, to warn men of the opposite side who they knew were at home to visit their families, of approaching danger. Often the warning came in time and the intended victim would vanish in the darkness and ad-
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jacent thicket as he heard the clatter of the ap- proaching foe. Sometimes the sound of shots and shrieks of women and children greeted the ears of the messenger before he reached his goal and inscribed on his or her heart the words, "too late. "
The military operations of this section of country were so connected with the movements of the opposing armies that it becomes more a matter of general than local history and it is not the province of this book to detail the same. A few incidents of the war which are true be- yond a peradventure will be more interesting to our people than an account of the actions of the troops.
As an example of the feelings which often ex- isted between Union and Confederates the follow- ing is given which was told the writer several years ago by the party himself. A raid was made into this county by a detachment of Kan- sas troops and among a number of prisoners captured was E. Caulk, since deceased, who lived on Patterson creek near the state line. A good deal of bad work had been done by bushwhackers and feeling ran high. The prisoners were taken to Baxter Springs and kept under close guard waiting to be identified, and their fate determined. When questioned, Mr Caulk told the officer he was a Confederate,
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but did not belong to the army and was opposed to the action of the bushwhackers. He was trying to stay at home and attend to his own affairs. After a few days confinement, a couple of Union men who were acquainted with him came into camp. When recognized he knew his fate was in their hands but as there had never been any particular friendship between them he was in doubt as to the result, In a short time he was called up before the commander and discharged with a pass home and provisions for the journey. The two men had stated that he was an honest, inoffensive citizen and they were willing to vouch for his good conduct.
DEATH OF MAJOR SMITH.
A pathetic, but pretty story, is related of the death of Major Smith of the Confederate army. Moses Woodman Smith, a native of Maine, was teaching school at Pineville in 1861. He was boarding at the home of C. B. Walker, a staunch Union man. He and Mr. Walker's daughter, Miss Jennie, now Mrs. Dan Harmon, were en- gaged to be married. When the war broke out, Mr. Smith raised a company and entered the Confederate service. Soon afterward he was promoted to the rank of Major. The attachment between the two young people, and the ties of
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friendship between him and her family were not in the least severed by their different views in regard to the war. On many occasions an opportunity was afforded in which one could shield or protect the other, and such chances were never neglected. At one time while he was visiting at the Walker home the Federals made a raid on the town. A brother of the Major's, suspecting he was there called and asked to see him. He begged of Jennie to reveal his hiding place, promising that he only wanted to visit him as a brother, and would not betray her secret. His appeal was denied, and after all danger was over the Major come down from the garrett, and in a short time was with his com- mand.
The Walker family finding it unsafe to live here moved to Newtonia where there was a Federal post.
When General Price made his raid through this part of the state, Major Smith had another opportunity to visit his affianced wife, and made the Walker home his headquarters. When the Union forces sent to retake the place were advancing, and the battle of Newtonia began, which was some distance from the town, she begged him not to go into the fight. He promised her he would not, but when he rode out and saw the battle raging, his zeal overcame him,
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and he was soon in the midst of the contending forces He was wounded, and when found on the field, was taken to the house of Mr. Weems an Uncle to Miss. Walker. Hearing of his con- dition, she first obtained the consent of her parents and went to take care of him. One bullet had struck just above the knee injuring
the artery. The attending surgeon informed him that a slight aggravation of the wound would sever the artery, and produce death, at the same time stating that amputation of the limb was the only way to save his life. He stated that he would rather take his chances than to loose his limb. Here he was nursed by Jennie, she frequently singing to him his favorite song, "A Soldier of the Legion lay dying." But there was no "Lack of woman's nursing," no "Dearth of woman's tears," for kind hands and tender hearts, all true and loyal to their country, rendered every assistance in their power. Some five or six days afterward the wound sloughed into the artery and he bled to death in a few moments.
ESCAPED ON SHELBY'S HORSE.
When that gallant Confederate cavalryman, General Shelby, made his raid on Neosho and captured it, a considerable number of prisoners
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were taken. Among the rest were David and John Harmon. These two men had incurred the enmity of the Confederates by the active part they had taken in the local military affairs. When the town was taken David Harmon dropped his two revolvers in the weeds near the court house, and concealed them.
He was dressed in a loose homespun hunting shirt and trousers, that very much resembled the Confederate gray. While the Union prison- ers were being marched to the court room on the upper floor of the court house, he says one of the guards set his gun down and went for a drink of water. Harmon watched his opportu- nity and picking up the gun began walking the beat in the place of the guard. Amoment later General Shelby and the sheriff of the county rode up, and leaving their horses, started to the court house. The general's horse had been trained to stand without being tied. As the two men passed near Harmon, he had his hat pulled down, and his head turned toavoid rocognition by the sheriff who knew him, and kept leisurely walking his beat. He heard the sheriff remark as they passed by that he wanted to go up stairs and see if any of those Harmons were there, if so, they had lived long enough. They passed into the court house and Dave walked to where he had dropped his pistols, picked them up, and
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mounted Shelby's horse. The other guards, having seen the general just pass, supposed he had been sent to take charge of the animal, and made no protest. He rode unconcernedly down the street, past the guards and into the woods, before the ruse was discovered. The horse was a splendid animal, and carried him safe from all pursuit into the Federal lines.
His brother, John, was placed with a few other prisoners in the back room of an old house, the guards remaining in the frontroom. There was a door to the room in which the prisoners were kept, but it had been locked. In the night, and while the guards engaged in a game of cards in the front room by the light of the fire, Har- mon silently unlocked the door with an old key he happened to have in his pocket, and escaped in the darkness of the night. He eluded all the guards and pickets, and before daylight came was several miles away.
HOW JUDGE NUTTING CAME TO JOIN THE CONFEDERATE ARMY.
THE following account will not only be of interest as a personal reminiscence, but is a fair example of the way in which many of our citizens came to enter the service of either army.
When the war broke out George Nutting
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lived on what is now the Royal Harrington farm on Buffalo, which he had owned for several years. Mr. Nutting died in February, 1862, and his wife, step-mother to the Nutting child- ren, in March following. Wash., the oldest son, had enlisted in the Union army, state troops, and M. L. (Bud) was at Neosho suffering from wounds received the previous summer, and J. W., then a boy of fifteen years, was left to look after the farm. His sister Martha (Mrs. D. H. Mathews) had charge of the family of five little children. Their father had been a Union man, but tried to remain neutral.
John had raised a crop that year of twenty- five acres of corn and about the same of oats. The oats were cut and he was binding them while damp early in the morning and late at night. One evening after working until dark he went home, and in a few moments a squad of some fifteen or twenty men rode up and wanted oats for their horses. They went to the field, got what they wanted and the leader gave him a gold dollar. They camped for the night but left before daylight. The next morning while he was out binding oats a company of Federal troops under Lieutenant Brown came along. The Lieut. called Nutting out to the road where the following conversation took place:
"Who were those fellows you fed last night?"
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"I don't know who they were." "Yes you do; don't lie to me."
I don't know; they had on Federal clothes." "I know you; what are you?'
"Nothing."
"I'll make something out of you. I say, what are you?"
"If we could have the Union like it was, I'd be for the Union."
At this the Lieutenant drew his pistol, cock- ed it, and placing the muzzle against the boy's breast, hissed between his teeth, "I say, what are you?"
"I'm Union. "
"Go back to your work, and if I catch you a hundred yards off the place, your scalp's mine."
The company rode on, and Nutting returned to his work. It was not long before he heard the rattle of small arms. The two forces had met at the Ford of Buffalo a short distance above where George Keenan now lives, and a sharp engagement took place.
Nutting felt that he might be blamed for any disaster to the Union troops so he ran home, got a shot gun and pistol which he had kept hidden, and secreted himself on the hill above the house. In about two hours the troops came back. After a short stop at the house, and not finding him, they went on up the creek.
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John came down in a few moments and was standing in the hallway when he heard a man coming from the field. As he turned the corner of the house Nutting covered him with his re- volver. The fellow threw up his hand and said "Don't shoot, I am a friend. " 3 He said he was d-n hungry, and stated that his horse had been killed in the fight and he was going to Jasper county and steal the best horse they had. His name was Yocum, a son of the commander of the Confederate squad. Nutting saddled his horse and left that evening. He was able to slip in home a few times on a few moments visit but in a short time enlisted at Beaver Springs under Major Smith and served in the Confederate army until the close of the war.
A SCRAP AT ENTERRISE.
IN the late summer or early fall of 1863 a Confederate regiment under Col. Coffee was camped at Enterprise. They were attacked by the First Ark. Cavalry and a pretty hot fight ensued. The Ark. troops had two small field pieces which they brought into play and the Confederates retreated to Scott's mill where the fight ended.
REMOVAL OF THE HOPKINS FAMILY.
BENJAMIN HOPKINS and family, staunch Union
-
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people, lived on what is now known as the Polk farm which is a mile above Tiff City on Buffalo Creek. Matters grew pretty warm for them and they could neither safely remain at home, nor take their effects away.
Early in the spring of 1862 a detachment under Major Hubbard was sent from Neosho to escort them to the Federal lines. They had a couple of six-pounders with them which they brought into use to disperse squads of men who had assembled on the hills with a view to firing on the escort should they collect a sufficient body. Daniel Dobbs, Jim Dobbs Fayette Price, and perhaps a few others were on the point of the bluff near the old Camp Shed, when a few shots from the cannon were fired at them. Of course they hustled out of range. As they went on up the creek they saw about forty men under Is- bell on the hill back of W. C. Price's house. The cannon were turned loose on them and some fifteen or twenty shots were fired. The Confed- erates dispersed without firing a shot and the escort returned to Neosho unharmed.
A FATAL MISTAKE.
IN the summer of 1862 Major Doubleday with a part of the 2nd Ohio was sent on a scout down Buffalo creek and the west part of this county. They were making prisoners of every man they
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came to. As they went down Buffalo they capt- ured two Wetherspoon boys who were at work in the field. The scout went on down to the river and came back the nextday. John Dobbs and M. L. Nutting had taken to the brush with their horses the day before, not from any hostile feelings towards the Union troops but through fear of being taken prisoners or loosing their horses. After the troops had gone up the road and, as they supposed were out of the way, they came down to dinner. Hearing the Weather- spoon boys had been released, they started up to their place to see how they had been treated. A short distance above the upper end of the Nutting farm, they were suddenly confronted by a detachment of the troops. Here they made a fatal mistake. Had they surrendered they would have been examined and released in a short time. But they attempted to escape. They ran down the level road some two hundred yards and were leading the troops, but there they left the road and started up the point of the hill. This checked their speed and their pursuers ran up to the foot of the hill and fired. Dobbs fell dead and Nutting received a minnie ball at the left of his back bone and it was cut out in front of his stomach; one ball entered the back part of his hip and was taken out in front, a third gave him a flesh wound in the wrist. In a moment or two the
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Captain came up and when he looked at him exclaimed : "Why that boy lives back there where I got dinner; They are as fine people as I ever met!" He expressed regret at the wounding of Bud, and spoke in very high terms of the family. Bud was afterwards taken to Neosho where he eventually recovered and is now living near Splitlog.
DEATH OF TIMOTHY WIMPEY.
THE WIMPEY boys had quite a varied career during the war. Mr Wimpey lived on Beaver valley near the mouth of the long hollow that runs up to Splitlog. One night the old gentle- man and a small boy had gone up the fence a short distance from the house to look after some stock. A band of bushwhackers happened along and took his hat, coat, shoes and pants, and left the old man to return to the bosom of his family with the cool April breeze chanting requiems through the flapping tail of his nether and only garment.
Two of his sons were conscripted into the Southern Army. One made his escape in a short time, but the other was afterwards killed in a battle down near the Mississippi River.
Tim was but a boy and remained in this county. He had been reported to be in the habit of giving
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aid and information to the bushwhackers. The following account of his death and the cause given in the report was furnished by C. D. Wim- pey, a brother to the deceased.
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