USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 19
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LINN COUNTY FAIR.
This institution was a short-lived affair. For three years the County Court appropriated one hundred and fifty dollars annually, toward its award of premiums, but it seemed to have died without trouble, and did not seem to have an overplus of mourners. Just why so valuable an ad-
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junct to the agricultural and horticultural welfare of the county was allowed to perish, with scarcely an effort for its success, is hard to determine, and reflects unfortunately upon the intelligence and enterprise of the farmers of the county. A well sustained county fair can be made the very bulwark of agricultural, horticultural, and stock-raising success, and would add more to its immigration statistics than any other organization that could be cre- ated. Not only does it bring forth a feeling of pride and of emulation among the farmers, fruit-growers, and stock-raisers of the county, but spurs other counties to active competition, and its doings and results are pub- lished broadcast over the State. Fairs were held as above spoken of, officers from among the best farmers of the county were chosen, constitution and by-laws adopted, but it died. Why, is a pretty hard question to answer. A few made strong efforts to build it up, but they were not seconded by any united effort on the part of the farmers generally, and it came to naught. The following were the officers, the last who held, and the names are good enough and ought to have been strong enough to give it unbounded suc- cess.
OFFICERS OF THE SOCIETY.
Joseph Schrock, President; C. J. Hale, Vice-president; L. H. Higgins, Treasurer; J. V. Martin, Secretary.
Directors-J. Schrock, W. H. Benefiel, C. J. Hale, E. Chesround, M. Cave, J. H. Tharp, E. Spokefield, J. T. Rawlins, P. Pound.
Marshal, W. F. Alexander; Assistant Marshal, Joseph Combs.
Added to the above is given also the constitution of the organization, so that should a future attempt at resurrection be made, this may be a guide. The by-laws, subject to so many changes, it is not necessary to embrace in. this work.
CONSTITUTION.
ARTICLE 1. The officers of this society shall consist of nine directors, one of whom shall be elected president of the society, who shall be elected annually, whom together shall constitute a board of managers for govern- ing and conducting the affairs of the society. The board of directors shall elect a secretary and treasurer, who shall hold their offices during the pleasure of the board.
ART. 2. The annual meeting of this society shall be held hereafter on the first Saturday of January of each year, for the election of officers and general business. Election shall be by ballot. Term of office to expire when successor is duly qualified.
ART. 3. The treasurer, before entering upon the duties of his office, shall execute a bond which shall be satisfactory to the directors, for the faithful discharge of his duties and the paying over of all moneys by him received, in such sums as the directors may direct.
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ART. 4. No person can be an officer who is not a member of the society, and a resident of Linn county.
ART. 5. Members of the society shall be residents of the State.
ART. 6. The annual exhibition of the society shall be holden in the months of September or October.
ART. 7. All articles offered for premiums shall be produced from the farm of exhibitor, and by the persons offering the same or by members of their family. All products must be raised in this State.
ART. 8. The fee of membership shall be two dollars each, payable by the first of August to the treasurer of the society.
ART. 9. No eating-houses or stands as such shall be permitted upon the grounds, except by permission of the board.
ARR. 10. No spirituous, malt, or vinous liquors will be permitted to be sold or given away, or in any way disposed of on the ground, or in the vi- cinity of the fair grounds during the fair.
ART. 11. All fast riding or driving is positively forbidden within the enclosure, and this rule SHALL be strictly enforced; and no huckstering, or gambling of any kind, shall be permitted within the enclosure.
ART. 12. No person shall have access to the secretary's books to ascer- tain who have made entries in any ring, nor shall the secretary give such information in any case.
ART. 13. Two auditors shall be chosen, one by the directors and one by the society, to audit the society's accounts at each annual meeting.
ART. 14. Nine public notices shall be posted by the directors, in the most public places, at least ten days before each annual meeting.
ART. 15. This constitution may be altered or amended at any annual meeting by a two-thirds' vote of members present.
From the ashes of the county fair, enterprising Brookfield started hers, and the annual meeting of that society is not only a paying institution for that city, but is an honor to the county.
RODENTS.
Some five years ago north Missouri was infested with an army of rats. They seemed to exist everywhere and were terribly destructive. The legisla- ture in the winters of 1876 and 1877 authorized the counties which were overrun with them to pay five cents per head when presented to the num- ber of fifty and upwards. This worked to a charm, some counties paying out from $1,500 to $2,000 each, and it exterminated the rats. When the hunter couldn't find them in his own county he would drop over the line and secure a haul in an adjoining county where a bounty was offered. When it got that far along and came to the ears of the County Court, the bounty act was promptly repealed. But the small boy was flush that whole year with circus money, or for any other kind of a show that happened in his neighborhood.
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HISTORY OF LINN COUNTY.
METEORIC.
The only meteor ever seen in this section passed over Linn county on the night of December 21, 1876. It came from the southwest, was visible in dif- ferent parts of this county for nearly half a minute, and was said to have exploded near Bucyrus, Ohio. November 13, 1879, was the night on which it was predicted that there would be a shower of meteors or falling stars similar to that which happened in 1833. That was such a grand and awe- inspiring scene that those who witnessed it never could forget its grandeur, or the thrill of fear that filled their minds during its progress. When, there- fore, another falling of the stars was predicted, those who had witnessed the other would not fail to watch, while the stories of that heavenly pyrotechnic display guided by the hand of the Almighty, was enough to keep all hu- manity awake. The citizens of Linn county, like all others, kept the mid- night vigil, and like all others were disappointed. The meteoric shower failed to put in an appearance and Prof. Tice succeeded in getting a unan- imous "blessing" the next day from an outraged and sleepy-headed people.
MURDER.
On the fourth day of July, 1878, that horrible crime, murder, was com- mitted in the town of Laclede, the victim an innocent boy. Scene-a drunken man young in years, a slave to demon drink, a lot of small boys on mis- chief intent but with no thought of bodily harm. This young man, other- wise respectable, had allowed himself to become a slave to the intoxicating cup and in the frenzy of drink shot recklessly into this crowd of small boys with fatal result. The messenger of death sped on its fearful errand and the soul of that bright, beautiful boy, Willie McKinley, returned to the God who gave it.
A coroner's jury was called the next day and below is their verdict:
VERDICT OF THE JURY.
We, the undersigned jurors, empaneled by A. Carroll, coroner of Linn county, Missouri, to view the body of Willie McKinley, now lying before us, do find that said William McKinley came to his death by being shot in the breast by a ball fired from a pistol held in the hands of James Edwards on fourth of July, 1878, between the hours seven and eight o'clock P. M., in the public square in the town of Laclede, Missouri.
J. L. REYNOLDS, foreman. VIRGIL TRUE. W. B. CATHER. J. H. WILSON. O. W. ELLIOTT. JOHN BRINEGAR.
Laclede, Missouri, July 5, 1878.
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HISTORY OF LINN COUNTY.
The sudden death of the boy, the fatal result of this frenzy of a drunken man, caused intense excitement all over the county. When sober no one regretted the deed more than the murderer, not because of the punishment that was sure to follow, but because, when sober, a murderous thought had never entered the head or heart of James S. Edwards.
There was no malice. Yet Edwards was aware of two things; first, that he was dangerous when under the influence of liquor, and second, that he carried a pistol. He was sentenced to ten years in the penitentiary. An effort was made in December last to have young Edwards pardoned out after three years of his sentence had been served. The Governor, Thomas T. Crittenden, refused the pardon asked for, and in that refusal he so distinctly stated the grounds of his decision, that his reasons are not only of interest to the people of Linn county, where the heartrending tragedy occurred, but to the people of the whole State, and a warning to all men, young or old, who indulge in the maddening fluid and make it a practice of carrying deadly weapons. The Governor replies to the petition for pardon as fol- lows:
" I am asked to pardon him by many leading citizens in that and other parts of the State for various reasons, some of greater, others of less im- portance. As this is an anomalous case I will set out in full some of the reasons given, and then present my views in the case.
" Judge Burgess, before whom Edwards was tried, says: 'While there can be no question as to his guilt under the law and the facts, it seems to me that his punishment as fixed by statute is greater than it should be un- der the circumstances, and that which he has already undgergone is suffi- cient.'
" These are considerate and well weighed words from one of the most learned, upright, and fearless judges in the State. The guilt being con- ceded it is not for me to make a law to suit the case, nor to reverse the one that the legislature has already made. The punishment affixed for the crime by the law is not a proper subject for me to discuss on this occasion. That having been settled by the legislature it is my duty to leave it unques- tioned. The law directing that a certain grade of offense being punishable with a certain fixed penalty, I much doubt the propriety of the judge be- fore whom the case is heard, or the Governor, saying a less punishment 'is ample, is sufficient,' unless there are some extraordinary or mitigating cir- cumstances surrounding the case. It is not claimed that such surround this case. Some judges in the State seek the pardon of criminals before having served out one-half of the sentence, and in some instances as soon as the prison doors are closed upon the prisoner. Is not such conduct a reflec- tion on the legislature, and an acknowledgment that the court had not given the convict ' a fair and impartial trial?' If so, who should correct the error in the trial, the judge or the Governor? The judge by all means.
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The people love a brave judge; the time to correct such an error is at the time of the trial. If the sentence is right, stand by it; if wrong, say so by granting a new trial.
" I have no hesitancy in granting a pardon when it is right, or in refusing one when it is wrong. I will stand by the courts in the execution of their duties, at no time imposing unnecessary labor upon them, and only ask in self defense ' that they do unto me as they would have me do unto them.' In these remarks I do not impute anything wrong to Judge Burgess. He is a credit to the State and no one bears his honors more meekly or performs his duties more justly.
"Edward W. Smith, the prosecuting attorney of Linn county, writes: 'I have been called on by his parents to state to you my opinion with respect to the case, with the view of obtaining a pardon for him, and having prosecuted the case and being familiar with every circumstance surrounding it, I have no hesitancy in saying that in my opinion he was guilty of a crime; his punishment was excessive, but as his offense under the law was murder in the second degree, it was wholly impossible to make the punish- ment less. I am quite positive that his crime was the result of a drunken stupor, without any element of malice as a matter of fact.' I can only answer this by stating that the court and the law said it was murder in the second de- gree, and there can be no such murder without malice, and whether it was malice in fact or not, the result was the same, and the killing was done in such a way as to denote purpose and design, in contradistinction to accident or mischance, the presumption being that the defendant intended the probable consequences of the act. A familiar illustration, in the language of the Supreme Court, of this principle is afforded in the case of a workman who threw down a stone or piece of timber into a street in a populous town where people were continually passing and killed a person. Such a killing is murder at the common-law, for the law in such cases presumnes the intent to kill, 66 Mo., p. 22, and that involves malice in fact as well as in law.
"T. T. Easley, one of the best and kindest-hearted men in the State, writes: ' I think it is a case of great misfortune and young Edwards did not do the act willfully or intentionally.' Many others have written in the same hu- mane way and such letters are a credit to their hearts as far as this young man is concerned. But let us see what he did do in order to ascertain whether he is a proper subject for clemency. On the fourth of July, 1878, the defendant was lying on the ground in a public park in the town of La- clede, near the music-stand, where dancing was going on, in a state of intoxication. A. H. Love, the marshal of the town, testified : ' As I passed Dr. Standley's office on the evening of said day Dr. Standley informed me that defendant was lying down in the park drunk, and needed looking after. I crossed the street and passed through the gate into park, and had gone about twenty feet when I saw the crowd scatter, some going east, north,
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and some west from where the defendant was lying. Defendant got up, made two or three steps in a northwest direction, pulled out his pistol, and fired it off. He had the revolver in both hands. He fired in the direction of the crowd where it appeared to be most dense. After Edwards fired he ran as fast as he could in the direction in which he fired. I followed, and when I came up to him he was kneeling by the side of William McKinley and was fanning him. Willie appeared to be dying. I let Edwards alone until the boy died, which was in a few minutes. I took Edwards to Linneus. On the way Edwards said that the killing of the boy was an accident and that it would not have occurred had not the boys bothered him ; said he was not in the habit of carrying a revolver; that he had gone home and got his revolver because of a fuss he had had with Mr. Dysart; that when he fired he intended to shoot Al. Hall, but not to kill him.'
" Al. Hall testified that he was trying to get him up and remove him from the park; that Bennie Edwards, a nephew of defendant, five or six years old, came up and said, ' Grandpa says ponr cold water on him, and that will wake him.' Then defendant jumped up and said, 'by G-d, I am going to see who is doing this,' and pulled his pistol from his pocket; I Jumped to one side, out of the way; he then shot; there were nine or ten boys in the direction in which he shot. Defendant said: 'I shot the boy accidentally; that accidents will happen.'
" The boy killed was about thirteen years old and small of his age, as said one of the witnesses. Enough of the evidence has been given to show how and by whom the little boy was killed and the condition of the man who did it. Before a defendant is convicted in conrt he is presumed to be in- nocent, and it devolves on the State to remove that presumption. After the conviction he is not only presumed to be, but is adjudged to be, guilty, and before I will exercise clemency in any case the_action and judgment of the court must be shown to be erroneous by invincible facts, or such miti- gating ones as would have modified that judgment if known at the time. What is there in this case in the light of this rule that requires me to in- terfere with the sentence of the court? Is it because he was drunk and discharged his revolver with great recklessness, to say the least of it, into a crowd of innocent boys who had gathered at the park for social amusements ? If so, when would society be safe from the actions of bad men, who would often put themselves in that evil condition to accomplish their premeditated deeds? Drunkenness is not now, never has been, I hope never will be, an excuse for crime in this State. Onr Supreme Court, in this same case, 71 Missouri, p. 323, says, 'Intoxication or drunkenness can neither excuse nor extenuate a crime, and it cannot be taken in consideration by a jury for either of such purposes.' If men put themselves in that condition and commit crimes, then, as far as I am concerned, they must abide by the punishment and remain where they have placed themselves. The sooner
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the violators of law know that, the better it will be for them and society. This defendant was guilty also of another violation of the law before he killed young Mckinley; that was in carrying a concealed weapon. This is a great growing crime in this State, against the laws of God and society, and should be punished without sympathy and without favor. If the men who engage in such lawlessness were disarmed by the force of the law and the sentiment of society, our courts and jurors would have rest from their labors and the newspapers could have space in their columns to devote to more readable matter than that with which they are daily filled. Drunken- ness and revolvers cause more crimes, more executions, more penalties, more sorrows to innocent mothers, fathers, brothers, sisters, and wives, than all the other causes combined, and both should receive the strongest repro- bation from the social, religious, and moral community. Each are alike responsible; each are alike dangerous to society; and each are alike without any justification. The restraints of the law thrown around them brand them as evils and condemn them as enemies to the quietude of society. They are fit associates, and where one is found in daily use the other is in close proximity to aid onward the dance of death. As in this case, the in- nocent and harmless ones are generally the sufferers from the men who are the devotees of such vicious habits. Society should have some way in protecting itself against such evils. It can only be done by legislation and education. Legislation will not do it if clemency is extended to the offend- ers without regard to the crime. They must know there is power and meaning in the law; that there is an iron will as well as justice in our courts; that there is a determination in society to protect itself against the lawless; that a sentence of a court means an execution; that 'the way of the transgressor is hard,' and will remain so until reformation comes. I am asked to pardon Edwards on the ground of mercy and to gratify the hearts of his parents, who are old Christian people calmly awaiting the last summons.
" It is not always judicious to exercise mercy toward one at the expense of the many. Society must be remembered as well as the individual. I have profound sympathy for the good old people, but that sympathy must not prevail against the obligation I owe to the preservation of good society in this State. If men will get drunk against common decency, if mnen will carry revolvers against the law and rule of propriety, and will under the evil inspiration of the one use the other, they must suffer for it on the gal- lows or in the penitentiary. My sympathy and mercy are for the indus- trions and law-abiding people of the State; not for thieves, murderers, robbers, inside of prison walls. I will see that justice is done them; be- yond that I am not expected to go. I see no reason why I should pardon Edwards; the application is therefore refused.
" Dec. 13, 1881."
" THOS. T. CRITTENDEN.
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HISTORY OF LINN COUNTY.
Who can gainsay the words above written? Young Mckinley lost his life, his parents their hoped-for support in their declining years, and for this crime Edwards is asked to give up only ten years of his liberty. The punishment is light and should be borne by the murderer without a murmur. A whole life was taken, and only ten years asked in return. Not that it was done in malice, but in the breaking of the moral law daily in dissipation, it became at last that the criminal also was broken, and the penalty has been meted out. The people can sympathize with the erring man, his family and friends, but none will deny the justness of his punishment. People can weep, not at man paying a penalty for his crime, but the fact that the penalty was just.
CHAPTER V.
OFFICIAL HISTORY OF LINN COUNTY.
What it Was, Is, and now Expected to Be -- When Organized-Act of Incorporation-Commis- sioners-Metes and Bounds -- Change of Boundary Line-First County Court -- Time and Place of Meeting-Dividing the County into Townships-The First Tax Levy-Location of the County Seat -- Deed of John Holland and Wife-Named after Dr. Linn, U. S. Sen- ator-First Sale of Lots by John D. Grant, Commissioner-First Court-house-First Ferry License -- Benton Township Organized-Election, etc.
The territory of which Linn county is composed was once a part of Char- iton county. This latter county was organized November 16, 1820, and extended to the Iowa State line. At the session of the General Assembly of the State of Missouri in the winter of 1836-37. an act was passed, or- ganizing the county of Linn from the territory attached to Chariton county, and extending her municipal government over the territory lying north of her to the Iowa line. The act was approved January 6, 1837, and from that date Linn county has had a corporate existence. The act of organiza- tion included with the county of Linn those of Livingston, Macon, and Taney. The sections making Linn a county, and defining its metes and bounds, read as follows:
" Be it enacted by the General Assembly of the State of Missouri as fol- lows :
"SECTION 18. All that portion of territory heretofore attached to the county of Chariton, in the following boundary: Beginning at the south- east corner of township fifty-seven, range eighteen west; thence west with said township line to the range line dividing range twenty-one and twenty- two; thence north with said range line to the township line dividing town-
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HISTORY OF LINN COUNTY.
ship sixty and sixty-one; thence east with said township line to the range line dividing seventeen and eighteen; thence south with said range line to the beginning; is hereby declared to be a separate and distinct county, to be called and known by the name of Linn county, in honor of the Hon. Lewis F. Linn; and all the rights and privileges guaranteed by law to sep- arate, distinct counties, are hereby extended to the county of Linn.
" SECTION 19. John Riley, Ransom Price, and Levi Blankenship, of the county of Chariton, are appointed commissioners to select the seat of jus- tice for said county. The said commissioners are hereby vested with all the powers granted to commissioners by an act, entitled ' An act to provide for organizing counties hereafter established,' approved, December 9, 1836.
" SECTION 20. The court to be holden for said county shall be held at the house of Silas Fore until the county court shall fix upon a temporary seat of justice for said county.
" SECTION 21. The Governor is hereby authorized and required to ap- point and commission three persons, resident in said county, as justices of the County Court, and one person, resident of said county, as sheriff of said county. When so commissioned they shall have full power and authority to act as such in their respective offices, under the existing laws, until their successors are elected, commissioned, and qualified.
" SECTION 22. All that portion of territory lying north of the county of . Linn shall be attached to said county, for all civil and military purposes, until otherwise provided by law."
The following sections refer to all the counties organized by the act as given above, equally one with the other, and read:
"SECTION 23. The Circuit and County courts of said counties, or the judges thereof in vacation, shall have power to appoint their clerks, who shall hold their office until the general election in 1838, and until their suc- cessors are elected and qualified.
"SECTION 24. The commissioners to locate the respective county seats aforesaid shall meet on the first Monday in May next, at the places of hold- ing court for the counties respectively, in which said county seats are to be located, for the purpose of entering on the discharge of their duties.
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