USA > Missouri > Boone County > The bench and bar of Boone County, Missouri; including the history of judges, lawyers, and courts, and an account of noted cases, slavery litigation, lawyers in war times, public addresses, political notes, etc > Part 15
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It was way down in the old county of Boone, In an old twisted oak that was built for a coon ;
Some bees concluded some honey they'd make, In that old twisted oak that they knew wouldn't shake.
And they worked, and they worked, as you know a bee will Till soon that old tree with honey they did fill. When some country lads chanced to be passing along by, Caught a scent of the bees, as through the air they did fly.
Now these country lads, while they hadn't much money, Had a lip, and a taste and a longing for honey. So on a frolic they went to cut down the bee tree, And divide up the honey between all the three.
And then toward their homes they quickly went back, And found Gordon, and Carter and Bass on their track. So now, as our hope and our refuge from these lawyers three. We ask of the jury to let us go free.
The jury fined the defendants one dollar, which was the lowest punishment the law permitted ; but when Governor David R. Francis heard of the case, and especially when he heard of Senator Major's poetry, he telegraphed the sheriff of Boone County, "I was once a
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honey bee boy myself, I therefore give all three of them an uncondi- tional pardon."
In 1888, Senator Major was a candidate for re-election to the state senate, from the district composed of Howard and Boone coun- ties. He spoke in the Boone county court house, and was specially sarcastic in reference to the nomination of Benjamin Harrison for president, by the republican convention. Senator Major was renomi- nated and re-elected. He was a natural-born poet, and referred to General Harrison as the "grandson of his grandfather," saying,
"'Tis not rank, nor power nor state,
But 'get up and git' that makes men great."
Senator Major once represented Willard J. McQuitty, editor of the Rocheport Commercial, in a libel suit, brought by a student of the Missouri University. The plaintiff claimed that an article appeared in that paper, seriously reflecting on his moral character, and that he was specially damaged in the estimation of two young ladies. He testified that, although it was a delicate subject, he felt that it was necessary for him to have a talk and explain matters to those ladies. Senator Major then said that he had only one question to ask, "Were those white ladies?" Although Wm. H. Truitt and Wm. P. Coleman used their persuasive powers to the utmost, the jury found for the defend- ant.
M. M. JESSE
The only Boone county lawyer who was formerly a shoemaker was M. M. Jesse of Sturgeon. Mr. Jesse began the study of law late life, and did not have the opportunity to enjoy an extensive practice. He confined his business to the justice of the peace court and the com- mon pleas court; but he occasionally had a case in the circuit court.
Mr. Jesse defended one of his Sturgeon fellow citizens, who was charged with grand larceny, and the main defense was the good char- acter of the accused. One witness after another in the circuit court testified to his good reputation, until the court asked how many more witnesses did defendant have on that subject. Mr. Jesse said, "Oh, the defendant has a great many witnesses on character, but I desire to in- troduce but one more." All of which occurred in the hearing of the jury. That witness was Samuel N. Yeates, then justice of the peace of Bourbon township. When asked if he knew the defendant's reputa- tion for honesty, he replied in the most dignified manner, "Well, that depends on who you talk to ; some people say he's all right, and some people say he's all wrong." The defendant was convicted.
JUDGE BOYLE GORDON
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Jos. H. Barnett, formerly of Sturgeon but now of Columbia, says that Monroe Ellington taught M. M. Jesse to read and write just be- fore Mr. Jesse was admitted to the bar, about the year 1877.
It was told on Mr. Jesse that, when he first began the practice, he defended a Jew peddler in the magistrate's court, and the defend- ant was convicted. As soon as the result of the trial was known, the defendant said that he was going to appeal the case, and was going to employ a lawyer.
WIRT J. WARREN
Wirt J. Warren confined his practice largely to the probate, county and justice of the peace courts, and was a power in the latter court, especially in Cedar township. He was once called on to try a case before a justice of the peace of Missouri township, on change of venue, which was a little out of his territory : so he carried a volume of the Missouri supreme court decisions with him. The justice declined to examine the book, but told Mr. Warren that if he could get a certificate from Wallace Batterton, county clerk, to the effect that that was the law, then he would decide the case in favor of Warren's client. Warren procured such a certificate, and obtained judgment.
After the building of the M., K. & T. railroad in Cedar township, Mr. Warren brought suit in the justice of the peace court against that road for the killing of a bull, belonging to his client, and claimed that the animal was worth one hundred dollars. The railroad's representa- tive argued to the jury that there should be no prejudice against the railroad, because it had cheapened transportation and done so much for the country. "What would this country be without a railroad?" asked the railroad attorney. In reply, Mr. Warren, in thundering tones asked, "What would this country be without bulls?" The jury decided that the animal was worth the amount claimed.
I. W. BOULWARE
For many years, Mr. I. W. Boulware, of Fulton, was a familiar person at every term of the Boone circuit court. Col. Turner nick- named Mr. Boulware the "Red Fox from Callaway", owing to the fact that Mr. Boulware had red hair and beard.
In August, 1906, the Fulton Sun contained the following, regard- ing Mr. Boulware :
A Columbia lawyer was in Fulton yesterday, and told a good story on Col. I. W. Boulware's experience before a justice of the peace. "Mr. Boulware and I were engaged on opposite sides of a case in Boone
.
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county and it was necessary to take the deposition of an old lady who lived in the hills near Cedar Creek. Accordingly, one cold day he rode from Fulton to the lady's house, and I rode there from Columbia. On account of the cold weather and the long ride, we were in the proper state for a good dinner, and besides Mr. Boulware makes a specialty of enjoying a good meal. The lady very kindly served dinner, and Mr. Boulware and I then and there showed our appreciation of it. After dinner, Ben. F. McGuire, the justice, appeared and we began taking the deposition. The lady was in hearty sympathy with my side, but she had no use for Mr. Boulware's client. I soon finished asking my questions, but Mr. Boulware's examination was lengthy and, to the lady, very tiresome. When he asked one question that she could not endure, she impatiently said, 'Mr. Boulware, what do you mean, sir, by asking me that question? If I had known that you were going to ask such a question as that, I would not have given you that good din- ner.' Mr. Boulware said, 'Well, madam, I will withdraw the question, I may want to stay to supper.'"
JOE H. CUPP
Joe H. Cupp was recognized as one of the best Boone county law- yers to prepare instructions in a civil case. When in good health, he could make a fine argument, but unfortunately he was in poor health for two or three years before his death.
Mr. Cupp knew the people of Centralia township thoroughly, and he was a man of influence before a jury. A lawyer named Edmonston, who was also a farmer, came to Centralia to try a case, wherein a horse trader was charged with swindling an Audrain county farmer in a horse trade. Mr. Cupp represented the defendant, but he realized that his client did not have the best reputation in the world. Mr. Edmonston took the position that no horse trader was honest, but all of them would cheat, lie and steal if necessary. Mr. Cupp was ready for him, and had a number of men supoenaed from Audrain county, and proved by each one that he had traded horses with lawyer Edmonston. Cupp won the case for his horse trading client.
Mr. Cupp once ran against Mr. Wellington (Wax) Gordon for a county office, and each man played a little on the name of the other. Mr. Cupp said that Boone county should not have an official who was a man of wax. But Mr. Gordon replied that hot wax would knock the bottom out of a tin cup any time, especially one from Centralia.
Messrs. J. H. Cupp and Thos. S. Carter are responsible for the following story on P. S. Hocker, J. P., before whom a mule case was
THOS. S. CARTER
JAS. C. GILLESPY
L. T. SEARCY
WM. H. SAPP.
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being tried. It seems that Carter asked a question and Cupp objected ; and the justice overruled the objection. As soon as the witness started to answer it, Cupp again objected, and the justice sustained the objec- tion, saying, "That is a proper question to ask, but not a proper question to answer."
Justice Hocker was a candidate for probate judge in 1892, and told it at various places that he had been a justice for many years, had tried many cases, written many deeds and taken acknowledgments, and had never made a mistake. Shortly before the primary election, Mr. Cupp spoiled Mr. Hocker's campaign thunder by bringing a suit to reform two deeds, on account of mistakes made by "the scrivener, one P. S. Hocker".
HENRY B. BABB
Henry B. Babb practiced law in Boone county for nine years, and was considered especially fine in the law of contracts and real estate. In 1890, he moved to Denver, where he became assistant attorney general of Colorado; afterwards he engaged in private practice, and made a specialty of mining law.
Mr. Babb made a great hit in a speech delivered in the wire fence lock case. About 1886, Horn's Wire Fence Lock was patented, and county, township and state rights were sold to a number of different people in Boone county ; in fact, our people seemed to go crazy over it. It was said that this was a successful way to fasten the corners of the old fashioned rail fence, or worm fence, so that the fence would not be blown down, nor washed down and that stock could not push it down. After the most extensive advertising, and reports of fabu- lous sums that had been made, many of our citizens were induced to buy territory. In 1888, the fence lock got into the circuit court; see Burks & Haydon v. Wm. R. Sloan. The defendant gave his note as the purchase price for the right to sell in Lincoln county, declined to pay the note, claiming failure of consideration, fraud, etc., and this was the case where Mr. Babb spoke so earnestly in behalf of the defendant, and made so much fun of the patent fence lock. One witness said that it was told to him that this patent would make the fence "bull strong, mule high and pig tight". C. B. Wells testified that he went to Ken- tucky to try to sell farm rights, that he sold one farmer the right to use it on a forty-acre farm, never went back to see how the fence looked, but, as he got enough money to pay his expenses home, he cut a bee line for Missouri. Another witness said that he set up three panels of fence on the court house square, as an advertisement, telling the peo- ple the lock would never shrink, but that he soon found out that it did
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shrink; so he went around and tightened up the wire by moon light. Jas. P. McAfee said that he used the wire lock on the fences on his Boone county farm; and that he bought the right to sell in Tennessee. Just as he was ready to go to that state, he was detained at home a day by reason of his stock pushing his fence down and getting into his growing corn. In spite of the eloquent efforts of Eli Penter and C. B. Sebastian, who told of the solemnity of a written contract, Mr. Babb gained the case.
Messrs. Henry B. Babb and J. G. Babb, brothers, graduated in the University law class of 1881, and one of them was first honor man and the other second honor man in that large class.
H. S. BOOTH
Mr. E. C. Anderson tells the following on Mr. H. S. Booth : "While I was practicing law in Centralia, a case was tried before J. K. Boyd, justice of the peace, and Mr. Booth represented a plaintiff who brought suit against a young man for some goods he had bought. The only defense that I could interpose was that the boy was under twenty-one; so that was our plea. Mr. Booth, in addressing the jury, said, 'Gentlemen, I am fearful that when Mr. Anderson attempts to collect his attorney's fee, his client will still plead infancy. If he does, he will find himself in the situation of a certain lawyer who had a client who was charged with stealing sheep. That lawyer, after hear- ing the facts from his client, said that the only one way for him to be acquitted was to feign insanity, and on the witness stand to say "Baa" to every question. The client followed the instructions and was ac- quitted ; but, when this attorney demanded his fee, the defendant con- tinued to say, "Baa." Thereupon the father of the minor, who was seated in the rear of the court room, arose, threw off his coat and started for Mr. Booth, saying excitedly, 'I will teach you how to accuse my boy of stealing sheep.' It required the united efforts of justice, jury, constable and spectators to keep the father from striking Mr. Booth."
When Mr. Booth was a young lawyer, Joe H. Cupp played a great trick on him in the justice of the peace court. It seems that Booth represented the plaintiff, and Cupp the defendant; and they rode together out to the school house, where the trial was to be. On the way, Cupp told Booth that a certain man named Jackson out in that neighborhood had the reputation of being on one side or the other of every case. When they reached the school house, Booth saw this man Jackson, but he declined to use him, hoping that Cupp would use him,
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and then Booth would bring out the fact that he was a standing wit- ness. As Jackson was a material witness for the plaintiff, of course Cupp did not use him; and Booth lost the case.
EV. M. BASS
The father of Ev. M. Bass was Col. Eli E. Bass, the wealthiest man in Boone county. After the death of Col. Bass, his sons had re- verses, and all of them became bankrupts, and Ev. Bass was never able to either make or accumulate any money. Though raised in luxury, Mr. Bass' financial losses did not sour him, neither did he seem jealous of his more fortunate brothers; he was universally considered as an "all 'round good fellow". Mr. Bass was intensely interested in poli- tics, an active democrat, but never able to be elected either prosecuting attorney or representative, for which positions he was often a candi- date. He was frequently a delegate to state and congressional con- ventions ; and he was elected doorkeeper of the state senate, and ser- geant-at-arms of the house of representatives. In his campaigns in Boone county, he always had trouble at home, either in Ashland or Cedar township. During one of his races, his opponent was Joe H. Cupp, of Centralia ; and Mr. Cupp boasted that he intended to "scrape all of the scales off of the Ashland Bass." Mr. Bass replied that the Bass had two qualities ; first, it was the swiftest fish afloat ; and, second, it made a habit of swallowing minnows and suckers by the cupfull.
Mr. Bass was a farmer the first part of his life, and had a number of negroes in his employ. About the time his financial reverses came, one of his old negroes got into a difficulty, and was arrested. As the negro had no money to employ a lawyer and as Mr. Bass had no money to loan him, Mr. Bass determined to defend the negro himself. He did so and cleared him; so Ev. Bass the well-known farmer became Ev. Bass the well-known lawyer.
Mr. Bass defended Robert Coleman, colored, who was charged with killing another negro; and the court gave instructions on the sub- ject of murder and manslaughter. Prosecuting attorney J. H. Murry insisted that the defendant was guilty of manslaughter, and Mr. Bass earnestly argued that he was not guilty of manslaughter. When the jury retired, there was one man on it who thought he had served on enough juries to be a pretty good lawyer, and he talked thus to the other members: "Now I do not agree with the state's attorney because I do not think this defendant intended to slaughter a man, like he was a hog ; so let's convict him of murder in the second degree, and give him two years in the penitentiary." This was agreed to, and a verdict re-
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turned to that effect. Thereupon, as provided by statute, the court raised the defendant's punishment to ten years in the penitentiary, which was the lowest punishment for that offense. An effort was made to get Governor Dockery to pardon him, but he allowed the defendant to serve his term.
For many years a negro named Addison has been janitor of the Kansas City court of appeals, and he is an acquaintance of all the law- yers of that district, and has often rendered little services for them. Mr. Bass knew Addison, and their relations were friendly. One day Bass said, "Well, Addison, you have been here a long while, and I sup- pose by this time you are a pretty good lawyer." To which the old darkey replied, "No, sir; I am not a good lawyer ; but I am like some lawyers, I carry the law around in my arms, instead of in my head."
Mr. Bass told the following on himself, illustrating how hard it is to please the people. "I thought I was 'called' to run for the legis- lature, and I immediately got ready to answer the call. I visited an influential farmer friend down in Cedar, told him of the great pressure that was being brought to bear on me to make the race; but that of course I would do nothing till I had first advised with my best friends, etc. The farmer replied, 'Well, Ev., I can't vote for you, because you drink too much whisky ; and if we should send you to the state capitol, it would be the worst thing we could do for you.' I then visited an influential farmer friend up in Rocky Fork, confided my ambitions to him and sought his advice politically. Before he could speak, I said, 'Some persons have said, that I drink too much whisky; but I want to tell you that I have quit and never intend to take another drink.' This farmer replied, 'Well, Ev., I can't vote for you, for I don't think that any man who talks that way has sense enough to represent our peo- ple.' "
W. ARCHIE BEDFORD
In 1887, a few months after Mr. Bedford began the practice, he was appointed to defend Enoch Ellis, a Cedar township negro, who was charged with an assault on Mary Ellis, of the same color and from the same township. Enoch as well as Mary enjoyed a bad reputation. When the State had closed, Mr. Bedford started to put the defendant on the witness stand, but Judge Burckhartt announced that court would take recess for a few minutes. The judge then had a talk with the defendant's attorney, and cautioned him not to put the defendant on the stand, as the State would then be entitled to impeach him, and had the record showing where he had been sent to the penitentiary twice. So Mr. Bedford simply introduced witnesses who testified to con-
HARVEY D. MURRY
THOMAS B. GENTRY
.
H. A. COLLIER
JAS. L. STEPHENS
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tradictory statements made by the prosecuting witness, and also testi- fied to her bad reputation. The last witness was Barney Harris, who was hard of hearing, but he was in sympathy with the defendant and endeavored to help him. Mr. Bedford wanted to get Mr. Harris to tell when some minor matter occurred, and Mr. Harris could not give the date. After trying his best to recall the time, he said, "Oh, I can tell you when it was; it was just after Enoch (the defendant) came back from the penitentiary the last time." The jury gave the defend- ant fifty years in the penitentiary, but Judge Burckhartt reduced the punishment to twenty-five.
As stated elsewhere, Mr. Bedford was public administrator, and he had charge of a number of estates. He was called on to represent a defendant who had a difficult case, and about all he could do was to deny everything-the general denial in reality. It was necessary for the plaintiff to prove the death of a man named Haden, and Bedford did not think he could prove that. So when the plaintiff testified that Haden was dead, Mr. Bedford asked if he saw Haden die, if he saw Haden after he was dead and if he attended Haden's funeral. To all of which, the plaintiff replied in the negative. "Then," said Mr. Bed- ford, "how do you know he is dead?" "Because, you administered on his estate", said the witness. The court held that was sufficient.
Not only was it said of Mr. Bedford that he could not read his own writing after it was "cold," but Judge John Hinton went a step farther, when he said "Bedford can write with either hand (which was true) but it may well be said that each hand knoweth not what the other doeth."
Mr. Bedford died in 1894, having been engaged in the practice of law only seven years.
WM. H. TRUITT, JR.
Wm. H. Truitt, Jr., is the only Boone county lawyer to engage in the fruit business. His home is now in Los Angeles, California. Mr. Truitt was active in the law practice here for several years, and made a specialty of commercial law.
Some Centralia parties were interested in a will contest, and Mr. Truitt represented the contestants. All of the deceased's estate was, by the alleged will, given to one son ; hence the complaint. While on the witness stand, the son testified that the reason for this seeming unjust discrimination was due to his signing his father's note at a certain Centralia bank, some years before, and that he (the son) had to pay the note to the bank. As soon as that testimony was brought out, court took noon recess, and Mr. Truitt had a subpoena issued for
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the cashier of that bank, and served it on him over the telephone. Shortly after court convened, Mr. Truitt had the cashier in court, and he testified that the bank never made such a loan, and that the time when the son testified that the money was borrowed from the bank was before the organization of the bank. The will was set aside.
During one of Mr. Truitt's races, some one volunteered to make a speech against him. He said that Mr. Truitt was not in sympathy with the common people, that his father was a rich man and made his money by loaning money to "white-oak farmers." Mr. Truitt replied, "Yes, but he never made any of his money playing poker."
J. L. STEPHENS
Jas. L. Stephens is a native of Boone county, and belongs to the well-known Stephens family.
On one occasion, Mr. Stephens cross-examined a young negro named Jeff Davis, who had shown himself to be an important witness for the state in an assault case. Jeff was very careful in his state- ments, and often repeated the question in answering it. Mr. Stephens tried to get Jeff to say just where the prosecuting witness was stand- ing, at the time of the cutting; but Jeff said he did not know. After repeating two or three times that he did not know where that party was standing, Jeff said, "I know he was not standing up agin the fence." "Well," said Mr. Stephens, with a tone of victory in his voice "if you don't know where he was standing, how do you know he was not standing up against the fence?" "Because," said Jeff, "there wasn't no fence there."
Mr. Stephens was attorney in a divorce suit for a colored client, and he placed Tom Ridgway, one of plaintiff's neighbors on the stand. This witness was asked by Mr. Stephens what kind of a husband and provider his client was. The witness replied, "Well, sir, he was a mighty good provider for his family. I passed his house and saw them picking chickens nearly every day. I don't know where he got them, but he always got them some place."
Mr. Stephens was connected with one case that was long drawn out, and passed through various courts, a hung jury, etc. At the last trial, an ignorant fellow, who had been a witness at each trial, was asked by Mr. Stephens to state his occupation. His answer was, "Well, sir, for the last two years, I have been attending court."
Mr. Stephens was retained to defend a man charged with stealing corn during the nighttime. One witness for the state testified that he saw the defendant in the act and recognized him, as the moon was
J. DeW. ROBINSON
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shining. Seeing a druggist friend in the court room, Mr. Stephens asked him to get an almanac and see if the moon was shining that night. The druggist did so in haste and told Mr. Stephens that it was not. Then Mr. Stephens placed the druggist on the stand, handed him the almanac and asked if the moon was shining that night; to which the druggist replied that it was. "Did you not tell me just now that it was not?" inquired Mr. Stephens. "Yes," said the witness, "but I was looking at the wrong month." A verdict of guilty was the result.
Mr. Stephens assisted in the prosecution of Frank Phillips, who was charged with murder, the crime having been committed at a colored dance. Col. Turner represented the defendant, and he claimed that the defendant was trying to take his pistol out of one pocket and put it in another, but that it caught in his pocket and was accidentally dis- charged. Mr. Stephens ridiculed such a theory, and took the pistol and attempted, during his argument, to show the jury that such a thing was impossible. But, when he tried to remove the pistol from his pocket, it caught in the lining, and it was with the greatest difficulty that he could ever get it out. The result was that the jury did what Col. Turner asked, convicted the defendant of manslaughter.
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