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 23
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NOTED CASES
C. B. Sebastian, who were attorneys in the case, and, none of them members of that church, had trouble trying to solve these ecclesiastical differences.
Was He Insane? In 1894, the store of Brown & Turner at Browns Station was burglarized, then set afire and totally destroyed. One K. H. Lambert, of Centralia, was indicted for this crime, and some of the stolen goods from this store were found in his possession. While in jail awaiting his trial, he showed signs of insanity. A com- mittee of physicians examined him, and they and a number of lay- men testified that he had become insane since his arrest, and the physicians thought he was hopelessly insane. Accordingly, Lambert was sent to the State Hospital for Insane at Fulton. He evidently recovered rapidly, for he made his escape from that institution within a few months, and his whereabouts are still unknown.
Hancock vs Blackwell. Shortly after the burning of the Univer- sity in 1892, the people of Columbia were again startled by the bring- ing of a slander suit by a lady student of the University against Prof. Jas. S. Blackwell, of the modern language department of the Univer- sity. It was claimed that he accused her of stealing some money from the home of Prof. Geo. D. Purinton, also of Columbia. The case was suddenly dismissed by plaintiff, without consulting with her at- torneys ; and then it was brought again, and the further plea was made that the first settlement was a fraud. The case was taken on a change of venue by one side to Montgomery county, then by the other side to Lincoln county. Finally it came back to Boone county. It was tried before two juries, and each jury gave a verdict for the plaintiff. The first judgment was reversed by the supreme court (see Hancock vs Blackwell, 139 Mo. 440), but the second judgment was affirmed (see Courtney vs Blackwell, 150 Mo. 245). Judge W. M. Williams, of Cooper county, and Gen. Odon Guitar, Carey H. Gordon and Web- ster Gordon represented the plaintiff, and the defendant was repre- sented by Turner & Hinton, Judge Alexander Martin, C. B. Sebas- tain, and Norton & Avery. of Lincoln county.
The Spectacle Case. H. Hirshberg Optical Co. vs D. P. Richards was a suit on a contract to furnish the defendant, a jeweler in Colum- bia, with a quantity of spectacles. The defense was fraud on the part of plaintiff's agent in the representations regarding the glasses, to-wit, that the lenses were automatic and would change as the wearer would grow older, and therefore one pair would last a man a lifetime. A number of witnesses from all parts of the United States attended the trial, and considerable feeling was shown. General Guitar, who represented the defendant, made one of his characteristic, telling and
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amusing speeches, and the jury found for the defendant, and this ver- dict was affirmed by the higher court.
John Carlisle Will Case. In 1894, John Carlisle died, owning considerable property, and some of his relatives brought suit to set aside the will. The parties to the suit resided in Missouri, Arkansas, Kentucky, Illinois, Ohio and California, and witnesses from Boone, Callaway, Saline and St. Louis counties testified. In all, one hundred witnesses testified, and the trial lasted one week, the arguments con- suming an entire day. More delays occurred during the trial of this case (June term, 1897) than during any case ever tried in the county. One juror, W. L. Evans, was taken sick, and compelled to leave the court room a number of times; one juror, Richard Sampson, was kicked by a horse during the noon recess, and he was laid up for a while ; another juror, Joel W. Carter, had a fainting spell in the midst of the trial, owing to the extreme heat, and that caused another delay ; and finally a thunderstorm made it impossible for the witnesses to be heard, and that caused the loss of two or three hours. The jury sustained the will, as did the supreme court (Campbell vs Carlisle, 162 Mo. 634). A companion case to this will case is the case of Reid vs Carroll, 82 Mo. App. 102, in which the same issues were involved, and which was decided the same way.
The Dancing Case. The case of Thomas Crouch vs St. Louis, Keokuk & Northwestern Railroad Company was tried in Boone county, at the June term, 1899, on change of venue from Lincoln county. It was claimed by the plaintiff that he had been thrown down by rea- son of the rough handling of the train, on which he was riding, and that his knee was hurt. Some physicians testified that plaintiff's in- juries were permanent. To the surprise of every one, the railroad company produced three young ladies who testified that they had seen the plaintiff at a dance, since the injury to his leg, and that he danced one set with one of them, two sets with another and three sets with the third. They further testified that, at the aforesaid dance, the defendant got mad, wanted to fight because his girl was not awarded the prize cake, and said that he could whip any man in Lin- coln county. Senator O. H. Avery, in arguing in behalf of the plain- tiff, said: "Of course my client danced. When there was an oppor- tunity to dance with three such charming young ladies from Lincoln county, he could not resist the temptation". But the jury gave plaintiff judgment for only eighty-five dollars, and both sides were satisfied.
Columbia vs Bright. In 1901, the Haden Opera House was burned, and Wm. A. Bright, executor of Joel H. Haden deceased, in whom the title was vested, erected the present building, known as the
WM. H. TRUITT, JR.
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NOTED CASES
J. H. Haden Building. It was claimed by the city of Columbia that this new building extended twenty-seven inches out into Ninth street ; hence this suit, which was in ejectment. All of Boone county's sur- veyors, M. G. Quinn, P. S. Quinn, Geo. E. Flood, E. B. Cauthorn, Wm. B. Cauthorn and T. J. Rodhouse, testified. It was claimed that the old Gentry Tavern, which stood on the same ground, also extended into Ninth street, and it was also claimed that there was no established point of beginning for the surveyors. Much of the early history of Columbia was brought out in the trial, and many of the oldest citizens of the city and county testified, including Col. Wm. F. Switzler, Rev. W. T. Maupin, Thos. B. Gentry, R. B. Gordon, Jas. S. Duncan, Col. S. Turner, A. T. Duncan, Judge W. W. Garth, B. F. Venable, R. L. Withers, Maj. F. D. Evans and Daniel O'Mahoney. The jury decided in favor of the defendant, but an appeal to the supreme court resulted in a reversal of the judgment (see Columbia vs Bright, 179 Mo. 441), and afterwards a compromise was effected.
State vs Butler. When the law-enforcement movement swept over Missouri, Edward Butler, of St. Louis, was indicted by the grand jury of that city for attempting to bribe Dr. H. N. Chapman, a member of the city board of health, and the case was brought to Boone county, on a change of venue. A trial in November, 1902. attracted the attention of the nation, and indeed of the English speaking world. The state was represented by Circuit Attorney Jos. W. Folk. Judge C. Orrick Bishop and A. C. Maroney, of St. Louis, and Col. S. Turner and Jerry H. Murry, of Columbia. And the defendant was represented by Gov. Chas. P. Johnson, Judge Chester H. Krum and T. J. Rowe, of St. Louis, Judge W. M. Williams, of Boonville. Judge A. H. Waller, of Moberly, and Wellington Gordon and N. T. Gentry, of Columbia. Judge Jno. A. Hockaday presided at the trial, and the jury found Butler guilty, assessing his punishment at three years in the penitentiary. An appeal to the supreme court resulted in the discharge of Butler (see 178 Mo. 272).
Deaf and Dumb Case. Messrs. C. B. Sebastian and Murry & Murry are the only Boone county lawyers who have had an experience with a deed executed by a man who was deaf and dumb. Elias Barnes, who was thus afflicted, executed a deed to one of his relatives, re- serving a life estate, etc. It was claimed that as he had never been to school and was of limited mentality, he could not understand such an instrument, and therefore his heirs sought to have it set aside. When C. B. Adkins, the justice who wrote the deed, testified that the grantor could talk in the sign language to some extent, Judge Hocka- day asked him some questions, by signs, and received signs for an-
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swers. Just how Miss Matthews, the official stenographer, preserved this testimony, and just how much influence it had on the chancellor, is not known, but Judge Hockaday sustained the deed; and so did the supreme court (Rickey vs Barnes, 168 Mo. 600).
State vs Quinn. In January, 1902, J. P. Quinn, a mule commis- sion man from Memphis, Tennessee, came to Boone county and ob- tained eleven thousand five hundred dollars worth of mules from three farmers, and failed to pay for them. It was claimed by the state that the mules were purchased in Boone county and taken to Memphis, where they were sold and shipped to Shreveport, Little Rock and At- lanta. The defendant claimed that the mules were consigned to him on commission, and that G. W. Cox bought them and failed to pay for them, hence the defendant was compelled to make an assignment. Quinn was arrested in Tennessee, brought to Boone county and tried on the charge of obtaining mules under false pretenses from Murry, from Boulware and from Cason. Stock shippers and dealers filled the court room at every trial, and the case was often referred to as the "misunderstanding 'mongst mule men". Quinn was acquitted in the Cason case, and the Boulware case was dismissed; but he was three times tried in the Murry case, and the last time convicted, and sentenced to seven years in the penitentiary. An appeal was taken to the supreme court, but Quinn committed suicide while in jail, pending his appeal.
Cook vs Pulitzer Publishing Co. Sam B. Cook, ex-secretary of state of Missouri, filed suit against the owners of the St. Louis Post- Dispatch for libel, and this suit was brought to Boone county on a change of venue from Cole county. It was claimed that an article in that paper, regarding the failure, in 1905 of the Salmon & Salmon Bank, of Clinton, Missouri, reflected on Mr. Cook, and his official conduct, as the then head of the state banking department. The trial at the June term, 1906, resulted in a majority verdict for Cook, his damages being assessed at fifty thousand dollars. But the supreme court reversed the judgment (see 241 Mo. 320).
Two former judges of the supreme court, Wm. M. Williams and Shepard Barclay, and Edward C. Crow, ex-attorney general, were con- nected with this case.
Vantine vs Butler. John Butler was born in Ireland and came to America when he was two years old, and started his business career with nothing. He walked from St. Louis to Jefferson City, and then walked to Sturgeon, where he engaged in the carpenter's business for a number of years. In 1880, he purchased a small farm, some twelve miles southwest of Sturgeon, and built a store, and soon a
EMMETT C. ANDERSON
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NOTED CASES
post office, known as "Butler's Store", was there established. He built a mill, a blacksmith shop, a church, a school house and several dwellings ; in fact, he owned the entire town. He fitted up the church, at his own expense, and allowed all denominations to hold service there. So thrifty was he that he soon owned 2800 acres of land in that neighborhood, and was known all over that country as the "King of Blackfoot". He was twice the republican nominee for county judge, and took an active part in everything in his county. In 1906, Mr. Butler died at the advanced age of eighty-one years, having been four times married.
After the death of Mr. Butler, Mrs. Lizzie Vantine, of Monroe county, claimed an interest in his estate, alleging that she was his daughter by his first wife. It was said that Mr. Butler separated from that wife, during the Civil War, that she lived awhile in Stur- geon and shortly gave birth to Lizzie. Soon mother and baby took refuge with some Federal soldiers, who took them to Monroe county, where the mother died and Lizzie was raised by friends. The story reads like a romance, but every link in the chain was so well estab- lished, even after a lapse of forty-five years, that the circuit court, Judge Nick M. Bradley presiding, decided that the child, Lizzie, then Mrs. Vantine, was a daughter of John Butler and entitled to her part of the estate, and this decision was affirmed by the supreme court of Missouri (see 240 Mo. 521). The credit for winning this unusual case is due to Gillespy & Conley, who were plaintiff's attorneys, and who found pieces of evidence in different parts of the country, and put the same together till it was strong enough to convince the trial and higher courts. One piece of evidence was rather spectacular. A son of Mrs. Stewart, one of the daughters of Mr. Butler, was in court, and so was a son of Mrs. Vantine, and when plaintiff's attorneys called the two young men before the court, it was remarked by many that they looked enough alike to be twins.
Garey vs Jackson. This was an action for slander, and was a noted case owing to the fact that Dr. C. M. Jackson, the defendant, was dean of the department of medicine in the Missouri University. The plaintiff was one of the proprietors of the Missouri Store Com- pany, and the defendant was friendly to the University Co-operative Store, a rival in business. It was claimed that the defendant made a speech to the University students, and used language that injured the plaintiff's business standing. A, stenographer was present at the time the speech was made, and the same was taken down and read at the trial ; so there was no dispute as to the words used. There was a difference between the parties as to the meaning intended by the de-
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fendant and understood by his hearers. A trial in the Boone circuit court resulted in a hung jury ; then a change of venue was taken to Audrain county, where two juries found for the plaintiff, and an appeal was taken by the defendant. Messrs. J. L. Stephens, of Co- lumbia, and Chas. M. Hay, of Fulton, represented the plaintiff, and E. W. Hinton and McBaine & Clark, the defendant.
State vs White. Benton White, for twenty or twenty-five years justice of the peace of Missouri township as well as mayor of Roche - port for several terms, enjoyed the distinction of being the only Boone county official to be prosecuted for drunkenness in office. It must not be understood that the writer intends to say that Benton White is the only county or city official who has indulged too freely in the flowing bowl, but the only one brought to trial on that charge. At the June term, 1912, an information was filed against Justice White, he was tried by a jury in the circuit court and convicted, and a fine of fifty dollars assessed against him. But the court of appeals (State vs White, 168 Mo. App. 249) reversed the case, as the evidence failed to show that the defendant was incapacitated by reason of his intoxication. On account of the sympathy they had for the defendant, Messrs. Gillespy and Conley and J. L. Stephens, represented him free of charge in both courts.
Student Cases. In March, 1851, the friends of the University and people of Missouri generally were shocked, when Prof. Robert A. Grant, a teacher in the University, shot and fatally wounded George Clarkson, a student of that institution. This shooting took place late one afternoon in Columbia, on Broadway, a little west of the Eighth street crossing. Grant was prosecuted by Chas. H. Hardin, circuit at- torney, and Jas. S. Rollins, and he was defended by Jno. B. Gordon and Saml. A. Young. At the preliminary examination, Prof. Grant was released on the ground of self-defense. At the August term, 1851, the grand jury refused to indict him, so he was discharged. He moved at once to California.
In 1853, W. W. Thornton, of Illinois, shot and killed B. F. Handy, of Kentucky. Both were students of the State University, and the fatal difficulty occurred in the east front coridor of the main building of the University one morning. Thornton was prosecuted for murder, but was acquitted.
In March, 1876, Sidney E. Smith, a University student from Knox county, was stabbed and almost instantly killed by Wright Christian. The trouble occurred on Broadway between Eighth and Ninth streets one Saturday night. Christian fled but was vigorously pursued by Sheriff Jas. C. Gillespy, who traveled and advertised ex-
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tensively. After a few weeks, Christian was found in Dennison, Texas, was returned to Columbia, tried and convicted of murder in the second degree. Two young men, C. B. Sebastian and C. B. Rol- lins, just then graduated from the University law school, were ap- pointed by the court to defend him !; and they took his case to the supreme court, where the judgment was affirmed (see State vs Chis- tian, 66 Mo. 138). Christian escaped from the penitentiary, was re- captured and served the major portion of his term, when he was par- doned by the governor. He afterwards became a lawyer and was elected to the legislature in a distant state.
In 1888, the grand jury of Boone county investigated the publica- tion and circulation of certain printed circulars, known as "Bogus Programmes". One young man named Hunter tried to shield some of his friends, so it was said, and he was indicted for perjury before the grand jury. But the case was dismissed at the next term, and this was the last of the boguses.
In 1913, Titus, Terhune, Anderson, Beeler and Joyce, all Univer- sity students, were prosecuted for illegal voting at a special city elec- tion in Columbia. All of the cases were taken to Callaway county on a change of venue, where Beeler and Joyce were acquitted, and the rest of the cases were dismissed.
Several times have students been prosecuted for jokes played on April Fool day, and for misdemeanors committed on Hallowe'en nights, firing cannons, carrying off gates, raising sidewalks, removing sign boards, etc. But, as most of the jurors were boys once on a time, and many of them University boys, there have been only a few convictions in these cases, and the punishment has always been light.
University Condemnation Cases. In 1913, the general assembly appropriated two hundred and fifty thousand dollars to erect a new library building for the State University, and also appropriated money with which to buy ground. Being unable to agree with the owners of the block between Lowry and Conley, and Ninth and Hitt streets. in Columbia, suits were instituted to condemn the ground. Walter K. Stone and wife, Elizabeth Sinclair, Mary F. Ford, Wm. H. Guitar, Fannie Douglass, Ira T. G. Stone, Sue M. Smith, Susan B. Cunning- ham, Wm. H. Rusk and Missouri Store Company were made defend- ants in the suits. The case against Miss Ford was the only one tried. and, as the jury assessed the damages at the difference between what the University offered and what Miss Ford asked, the other cases were compromised. The other University real estate having been donated to the state, these suits in 1913 were the only condemnation cases the University has ever had.
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Judge Samuel Davis tried these University condemnation cases.
Stealing By Proxy. The case of State vs Claud Rader was re- markable in that the defendant was locked up in the city jail of Cen- tralia at the time of and for some days prior to the larceny, and re- mained so confined until some days thereafter. It was claimed by the state that the defendant talked through the jail window to one William Bell, and that he counseled and advised Bell to steal some feed from the barn of W. L. Green, one mile away from the jail, and that in pursuance of said bad advice, Bell visited said barn in the nighttime and unlawfully appropriated a wagon load of baled alfalfa hay, oats and corn. A jury in the Boone circuit court convicted Rader of grand larceny at the January term, 1914, the only man ever convicted in Boone county of stealing by proxy. This conviction was due no doubt to the eloquence of the prosecutors, E. C. Anderson and Geo. S. Starrett, but the supreme court reversed the case (see State vs Ra- der, 262 Mo. 117).
At the second trial of this case, the defendant was convicted of petit larceny and fined one hundred dollars. The result of this verdict was due largely to the earnest and eloquent pleas of Prosecuting At- torney W. M. Dinwiddie and Assistant Prosecuting Attorney J. S. Rollins.
Public Service Commission Cases. After the passage of the public service commission statute in 1913, the Columbia Telephone and Colum- bia gas cases were among the first in the state to be filed. Complaint was made by J. B. Sims and others against the Columbia Telephone Company in regard to excessive rates, installation fees, boarding house rates and an extra fee for talking over rural lines. A. hearing was had in the court house in Columbia and a number of witnesses were examined. The commission decided that the rates in Columbia were not excessive, but that the other matters complained of were in vio- lation of the public service law, and directed their discontinuance. Jas. C. Gillespy and N. T. Gentry represented the complainants, and McBaine & Clark and W. M. Williams represented the telephone com- pany.
A little later, complaint was made against the Columbia gas works, a hearing had in Columbia and a ruling that its rates were too high. W. M. Dinwiddie and Geo. S. Starrett represented the city, and Mc- Baine & Clark represented the gas manufacturers. This case has been taken to the supreme court.
Railroad Rate Case. In 1914, the case of State ex rel. Jno. T. Barker, Attorney General, vs M., K. & T. Railway Company was filed in Boone county. It was an action to recover two million dollars,
FRANK G. HARRIS
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NOTED CASES
by reason of the defendant having received more than the legal rate for the transportation of passengers and freight after the enactment of the rate statutes of 1907. Judge Harris heard the arguments and intimated that he would sustain a demurrer to the petition; when, by agreement, the matter was continued till the supreme court passed on a similar case, in which it was held that the Attorney General could not maintain such a suit, as the same should be brought in the names of the shippers or passengers.
Physicians' Cases. In 1915, two Boone county physicians had cases decided adversely to them. Dr. J. W. Carryer was charged with per- forming a criminal operation, and was fined five hundred dollars in the Circuit court : and, on appeal, Judge Walker, of the Supreme court, affirmed the judgment. Messrs. Dinwiddie and Rollins, who repre- sented the state, are the only Boone county lawyers who successfully prosecuted such a case. Messrs. Hay, Harris and Price were attorneys for the defendant.
Dr. A. M. Conway, upon complaint of J. A. Stewart et al., had his license to practice revoked by the state board of health ; he having written prescriptions for whisky when not necessary. By certiorari, Dr. Conway tried to have the action of the board quashed, but the Supreme court decided against him. T. T. Simmons was attorney for the complainants, and Sebastian & Sebastian for Dr. Conway.
CHAPTER X
SLAVERY LITIGATION
SUITS BY, FOR AND OVER NEGROES IN ANTE BELLUM DAYS
The slavery question was not only a troublesome political question. but it caused any amount of trouble in the courts of Missouri, and especially in one of the old slaveholding counties like Boone. The property rights in slaves and the prohibition of a slave from testify- ing bothered the lawyers then like damage suits and suits of unlawful combinations do now.
SLAVE HABEAS CORPUS CASE
In 1848, there was a case in Boone county which showed that a slave was a person and personal property at the same time. "Wood- ford, a free man of color", as the court papers term him, was charged with breaking into the store of Parsons & Moult in Columbia, and stealing some gold, silver and paper money, also one counterfeit ten dollar bill. At the preliminary examination, Woodford was bound over, and in default of a bond for three hundred dollars, was sent to jail. Prior to that, Woodford had been emancipated by Jas. M. Northcutt, his former master, but the master was in debt at the time. The Missouri statute then provided that a master could not legally emancipate his slave at a time when he was in debt. A judgment was soon after rendered against the master, an execution was issued and levied on the former slave, Woodford, and he was sold at public auc- tion to Wm. T. Hickman. Accordingly, Mr. Hickman filed a petition for a writ of habeas corpus, setting up the fact that Woodford had been "manumitted by the said Jas. M. Northcutt", etc., and asking that he (Hickman) be given the custody of Woodward. The writ was issued, and Woodward was released from prison to go back into slavery.
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