USA > Missouri > Nodaway County > The history of Nodaway county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens > Part 42
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At the June term of the Circuit Court she was indicted, tried and convicted for the murder of her child, and sentenced to the penitentiary for ten years. While incarcerated in the jail, she made another con- fession or statement, fully exonorating the party whom she had implicated in her previous confession, and taking the entire responsibility upon her- self. The second confession or statement made by her (wherein it was believed, at the time, that she had given the facts in the case), is substan- tially as follows :
"I make this statement before God. The child was mine. It was born on Thursday in the forenoon, when I was alone. I murdered it by choking it, about one minute after its birth. I concealed it in the bed until Sunday morning, when, secreting it under my clothes, I took it out just before daylight and put it under the house. Haid it on the ground
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and pushed it under with a stick. Mrs. Snyder was there on the day on which the child was born, but not till after its birth. She had sent me some medicine. I told her that I had been chilling. During her visit the child was at the foot of the bed, wrapped in cotton, bed-ticking and a flour sack. When the child was born, I intended to burn it in the stove, but my heart failed me. I was moved to another bed, but kept it concealed under my dress. I sent Bill for a pencil, as I wanted to write a note to the priest, whom I desired to send me something to eat, and wanted Mrs. Snyder to see the priest for me. I belong to the Catholic Church, and have made a confession to the priest, since being in jail. I was strong enough to walk just after the occurrence, and was only deceiving my sister and brother-in-law. When we lived in the Thil House, I was able to get up, but feigned illness to conceal my condition. The statement made by me before Mr. Dunn was partly false. No one has tried to force me to make this statement. Mrs. Snyder told me to tell the truth. George Middleton told me to feign insanity, but this I could not successfully do."
The impelling motive to the deed was that of shame, and in her desire to conceal from the world the evidences of this shame and infamy, she did not hesitate even to commit the crime of murder, her victim being the innocent offspring of her own flesh and blood.
There being two or three persons jointly indicted with Nancy Cor- nell, there were several lawyers in the case. The prosecution was con- ducted by John Edwards, Esq., who was, at the time of the trial, prose- cuting attorney.
THE HOGAN HOMICIDE AND OTTO SHARP TRIAL.
On the 9th day of October, 1879, a sad tragedy occurred at Burling- ton Junction, in Nodaway County, which gave rise to one of the most interesting criminal trials ever conducted in the county. From the record of the case we find the facts connected with the homicide were as follows :
On the afternoon of the 8th day of October, 1879, a man by the name of Otto Sharp was charged with the commission of a felony -- forgery-alleged to have been committed that day. The justice (Henry F. Barker) issued a state warrant for his arrest and delivered it to John Q. Adams, who was at that time acting as deputy constable of Lincoln Township. Adams, in company with Isaac Weddle, started from Lamar Station, for the purpose of arresting Sharp. Soon after their departure, the justice learning that Sharp was a dangerous man, and that he would not be arrested without great caution and difficulty, in company with P. P. Fox, Hiram Fox, James George and one William Brown, also left Lamar Station, to join Adams and Weddle in making the arrest. Adams 2.7
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and Weddle arrived at Burlington Junction a short time after dark, and learned that Sharp was somewhere in the town. They instituted imme- diate search for him, and while so doing, they met with Martin Edward Hogan, who at that time was a resident of the town, and who had been acting in the capacity of constable. Adams informed Hogan of their business, and requested him to look out for Sharp and arrest him. Hogan joined in the search, and continued with them until midnight, when he (Hogan) retired. During the earlier hours of the night, Sharp was seen several times at a livery stable owned by the Ball Brothers, in the south part of the town, where he made arrangements for a team, stating that the Lamar Station men were after him for forgery, and threatened to " hurt them," if they attempted to arrest him, and pulled out of his pocket a revolver and kissed it.
Between 12 and I o'clock in the night Adams and his men learned that Sharp, in company with Zopher Bull, (one of the stable men), had gone from the stable in a buggy, in an eastwardly direction, toward Maryville. A portion of the posse of men started in pursuit, while Adams and others went to the house of Solomon Scull, where it was supposed Sharp would go. This house was in the opposite direction from that taken by Sharp and Bull, and about two and a-half miles northwest of Burlington Junction. After waiting and watching at Scull's for some time, Adams, with two men, started north on the road to Lamar Station. At a point one mile north of Scull's they met Sharp and Bull. Adams commanded them to halt. They urged forward their team, running the buggy against one of the men in pursuit, knocking him out of the road, then drove south toward Scull's and Burlington Junction at full speed. Adams and his men gave chase. At this point and for more than a mile south the road is narrow, heavily timbered on each side, and runs along the summits of the bluffs which skirt the west bank of the Nodaway River. The constable was unable to overtake the buggy, and although he pushed his horse to his fullest speed, Sharp and Bull crossed the river and reached Burlington Junction in safety. Here Sharp jumped from the buggy and made his escape.
The parties in search were unwilling to give up the prize. The town was again hunted in every direction. Baker and Hiram Fox chanced to come upon Sharp who was, at the time, making his way to the stable mentioned. Barker again commanded him to halt. Sharp drew a revolver, fired two shots at Barker, and then wheeled and fired two more shots at Hiram Fox. Barker and Fox retreated toward the west, while Sharp passed on in the direction of the stable. Sharp here met William Brown, and told him to go and tell Adams and his posse if they would go away and let him alone, he would appear before the jus- tice the next day, but if they attempted his arrest that night, he would kill the man who attempted it. While these incidents were taking
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place at the stable, Barker went to the room of Hogan, aroused him from sleep and informed him that Sharp was in town, telling him, also, of what had occurred, and requested him to assist in making the arrest. Hogan dressed himself and accompanied Barker to the place where Adams and his men were. At this moment Brown came from the stable and told what Sharp had said. When Hogan learned where Sharp was, he said he could arrest him without any trouble, and imme- diately started towards the stable, followed by Adams and Barker. On his arrival there, Hogan inquired of James Ball concerning Sharp. He was told that Sharp had just gone out of the stable to the east, and not to follow him, as he might get hurt. Hogan turned, and while walking away from the stable, saw Sharp and called to him to stop, telling him that he wanted him. Sharp answered with an oath, " take me!" Three shots were then fired in quick succession. Adams and others appeared upon the scene and found Hogan and Sharp on the ground, Hogan holding Sharp on his back, while Sharp was endeavoring to point a ,revolver at Hogan's heart. Adams took charge of Sharp and dis- armed him. Hogan remarked he was wounded, and requested them to send for a doctor. He was carried into the stable some thirty feet dis- tant and placed on the office bed, where he remained in a suffering and semi-unconscious condition until three o'clock in the afternoon of October 9th (the second day), when his brave spirit winged its flight beyond this earthly sphere. The wound causing his death was in his inner left thigh, the ball passing near the bone downward and outward, over the space of about seven inches and severing the sciatic nerve, which caused almost immediate paralysis, resulting in death, before reaction could be effected.
On the 19th day of January, 1880, in the Nodaway Circuit Court, before H. S. Kelley, judge, Otto Sharp was put upon his trial on an indictment charging him with murder in the first degree. The trial lasted some eight or ten days, developing the facts above narrated. Great interest was manifested in the trial throughout The prosecution was conducted by W. W. Ramsay, Prosecuting Attorney of Nodaway County, and his law partner, John Edwards, Esq., who presented the theory that Sharp had committed a felony, by forging certain time checks ; that he was attempting to make his escape and was resisting arrest for the commission of such felony ; that any officer or private cit- izen had a right to arrest him for such crime, and to use all force that might be deemed reasonably necessary for that purpose ; that Sharp was conscious of his crime, and that duty demanded his capture ; that Sharp should have submitted to the commands of the law, and that his resist- ance was without just provocation and highly criminal.
The defense was conducted by Hon. Lafayette Dawson, Scribner R. Beech and L. M. Lane, who adopted the theories-
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First. That Sharp did not know the object and purpose had in view by Hogan at the time, and that he acted in the lawful defense of his person.
Second. That Hogan's death was occasioned by the unskillful treatment of the doctor who attended him, rather than from the wound received at the hand of Sharp.
The jury found Sharp guilty of murder in the first degree.
Motions for a new trial and in arrest of judgment were filed and overruled. Otto Sharp was sentenced by the court to be hanged on the 26th day of March, 1880. The defense were not satisfied with the result. The cause was appealed to the Supreme Court, where in the month of April, 1880, it was submitted to that court upon briefs, prepared by W. W. Ramsay, with Attorney General J. L. Smith, for the State, and by Scribner R. Beech and L. M. Lane, for the defendant.
The decision of the court was awaited with much interest. " Abhor- ence of the crime seemed to be giving place for compassion for the pris- oner." Many were the petitions circulated throughout the country addressed to the governor of the state for clemency to be used in case the decision of the trial court was affirmed. All but three days of the respite were gone, and the sheriff of the county, Henry Toel, was mak- ing preparations to carry the death sentence into effect, when the decis- ion of the Supreme Court was announced, reversing the judgment of conviction, and remanding the cause for re-trial.
The point of reversal seemed to be, that the trial court had misde- fined the word " deliberately " in an instruction to the jury. The word had been defined to mean "intentionally, purposely, considerately, there- fore, if the defendant formed a design to kill, and was conscious of such purpose, it was deliberate ;" whereas, it should have been defined to mean, "that which was done in a cool state of the blood."
At the June term of the Nodaway County Circuit Court, the cause again appeared in the trial court. Sharp filed a motion, supported by the affidavit of himself and two others, for a change of judges. H. S. Kelley granted the motion, and Cyrus A. Anthony was selected to act as special judge for the trial of the cause. Sharp then filed his application for a change of venue from Nodaway County, alleging that the prejudice of the inhabitants was against him. His application was granted and the cause transferred to the Atchison County Circuit Court.
In September, 1880, the cause was again tried at Rock Port, before Cyrus A. Anthony, judge, by L. D. Ramsay, Prosecuting Attorney of Atchison County, and John F. Lewis for the state, and Scribner R. Beech, L. M. Lane and William Herren, for the defense.
This trial resulted in the acquittal of the defendant, Otto Sharp, who, less than one year before, rightfully or wrongfully caused the death of Martin Edward Hogan ; who had been once convicted of the crime
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of murder in the first degree ; whose life and death turned upon so slight a pivot as the definition of a single word, was again a free man.
It is said that a subscription was raised for him after his acquittal in Rock Port. He was the first person sentenced to be hanged in Noda- way County.
THE TALBOTT BOYS.
The first legal execution in Nodaway County took place July 22, 1881, at Maryville, when Albert P. and Charles E. Talbott suffered the extreme penalty of the law for the crime of murdering their own father. As this criminal case has awakened such a public interest in this and adjoining states, we have compiled a synopsis of the case as part of the history of Nodaway County.
Dr. Perry H. Talbott, who was shot about seven miles south of Maryville at his own house, September 18, 1880, was born in Fairfield County, Ohio, February 5, 1827. He received a good education as he grew to manhood, and was graduated in 1849 with honor at the Sterling Medical College, at Columbus, Ohio. Early the next year he started to seek his fortune, and found a home and friends in Northwest Missouri. In the year 1852, he joined a throng of gold seekers, then crowding to California. The next year he returned to Missouri, and soon after his return met Miss Belle McFarland, of Page County, Iowa, and in April, 1854, the two were united in matrimony.
Dr. Talbott might be termed a typical man of the border. He was fond of cards, and tradition gives him skill in their manipulation. As a physician, his reputation spread far and wide, and when the country was new and thinly settled, his professional visits extended for miles in every direction. Dr. Talbott and his old gray mule are historical fig- ures in the annals of Nodaway County. He rapidly accumulated prop- erty, and became quite prominent in local politics, representing his county in the Legislature during the years of 1856-7. During the war he espoused the side of the Union, and was surgeon of the Twenty-fifth Missouri Volunteers.
After the war he again entered the political arena and became an aspirant for congressional honors. He was a candidate before different conventions, but failed of a nomination. In 1876, he became promi- nently identified with the Greenback Labor movement. He was a man of more than ordinary ability, and possessed an indomitable will. He had a high ambition, but was not devoid of egotism. In person, he was tall and of rather commanding appearance, his hair and beard as black as the raven's wing. As a friend and neighbor Dr. Talbott always stood high among those who knew him. As a husband and father he seemed to lack affection, and his home was the abode of discord. His children grew up neglected, no care being given to their temporal welfare or
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moral training. His house was an arsenal of small arms, and the child- ren were familiar with their use.
On September 18, 1880, Dr. Talbott was shot, about nine o'clock at night at his home, by an assassin from without, through a window. It was a calm, beautiful moonlight night, not such an one as an assassin would naturally choose for dark and terrible decds. Dr. Talbott, with some members of his family, had that day been attending the Nodaway County fair, and returned home in his buggy about six o'clock, his family going home by railway train. When he arrived at home, he found a call awaiting him to attend a sick child of a family residing some three miles south. He returned about nine o'clock, put up his horse, and went into the house. His wife and his son Albert were in the room, the rest of the family having retired. He handed Albert a copyright of a speech which he was having printed. Mrs. Talbott was lying on the bed with her head toward the foot. Albert was sitting by the table on the north side of the room, his arm on the window-sill. The doctor had taken off his coat, and was sitting on the bed when the fatal shot was fired. He was struck in the right breast, the ball passing clear through him, drawing blood on the calf of the leg of his wife, and striking in the plastering. The ball was a large conical one, and weighed an ounce and a half, being large enough to have been dis- charged out of a shot-gun. He had his hand up to his breast when the ball struck him, and portions of his thumb and middle finger were shot away. The doctor reeled and fell against the bed, exclaiming, "My God, Belle, I am shot."
About ten o'clock, the same evening, Henry Wyatt, a work hand of Dr. Talbott's, arrived in Maryville in great haste, after a physician, spreading the news that Dr. Talbott had been shot, and that he could not live long. Dr. Talbott expressed the opinion to those going to see him that he had been shot by some one on account of his political opinions. Before his death he called the members of his family about him, and bade them all good-bye, retaining his consciousness up to within five minutes of his demise, which occurred about two o'clock in the afternoon of the next day. After his death, a coroner's jury was summoned, when the following testimony of Mrs. Talbott and Albert was taken :
TESTIMONY OF MRS. TALBOTT.
My name is Belle Talbott. I am wife of deceased ; am forty-seven years of age. On the night of the homicide, the deceased, myself, and my oldest son, Albert Perry Talbott, were in the room where the Doctor was shot. In the room immediately above us on the second floor, Jennic and Angie Talbott, aged respectively eleven and thirteen years, and John Talbott and Cicero Talbott, aged ten and eight years, were all
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sleeping. In room over the kitchen on second floor, Charles Edward Talbott, aged sixteen years; and William Wallace Talbott, aged fourteen years, and Henry Wyatt, a work hand, were sleeping. These were all that were about the house. Henry Wyatt, Cicero and John had been at home all day. The rest of the family had been at the fair. I got home about dark from the fair. All the family were at home when I got there. The Doctor had just got there. He had eaten his supper and came out to the gate and met me. He told me he was going to Whit Leighty's to see a sick child. I had come home on the train. The Doctor had come home with the children in the buggy. I got off the train at Arkoe, and walked up part of the way, when my son William met me with the buggy. When I met the Doctor, as before stated, it was beginning to get a little dark. It was about half-past eight when he came home again. When he came home, he went into the north room below, and asked Bud (Albert) to take his mule to the pasture, which Bud at once did. From the front gate to the pasture is about 300 yards. Bud returned in about fifteen minutes, and came into the room where the Doctor and I were. . The Doctor had gone to the drawer and was reading the copyright for a book he had written, and was talking about it while Bud was gone. He had put it up before Bud came back ; but when Bud came in, the Doctor took it out again and gave it to Bud. Bud sat down by the northwest window to read it. The Doctor then walked to the south part of the room and sat down on the north side of the bed in front of me. I, at that time, was lying on the bed with my clothes on, my feet to the head of the bed. The Doctor was talking about this writing of his. He was in his shirt sleeves, and was facing the northwest window, the window where Bud was sitting. I saw him place his right hand up to his breast, and I think he was moving his shirt when I heard the loud report of a gun. I saw no flash. I had my face west with the side toward the win- dow. The Doctor leaned and started forward, and cried : "My God, Belle, I'm shot. Some assassin has been sent here to shoot me." 1 jumped from the bed and caught hold of him. He was about half way from where he sat when he was shot and the northeast corner of the room when I caught him. He still had his hand up where he was wounded and was in a bent condition. Bud at that time ran around in front of the Doctor, and ran to get the shot gun which was in the south- east corner of the house. The Doctor had not, up to that time, spoken to Bud ; but as Bud ran for the gun the Doctor said, " take my revolver, too." After this, as I swung the Doctor around to get him onto the bed, he said : " Get me on the bed as quick as you can." Bud assisted me with the Doctor back to the bed, and then took the shot gun and went out. Bud went south into the hall. I heard two shots out of doors south of the house after Bud went out. Bud was out but a short time until he came in. I saw no one out of doors at any time. It was per-
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fectly light, or good moonlight, the night of the homicide: One could see all objects around them when out that night. No one of the family, but Bud, saw any one. I don't know that I can think of any one at outs with the Doctor. Don't know of his having any difficulty with any one lately. Had not heard him speak of any difficulty of any kind. On the night of the homicide as soon as Bud came in and set down the gun, I sent him after the neighbors, and sent Wyatt after the Doctor. There are two shot guns and four revolvers about the house that belong to the family. These are all the firearms that I know of.
TESTIMONY OF ALBERT TALBOTT.
My age is twenty-one years. I was at home the night of the homi- cide. Had been at the fair that day, and got home about half past eight o'clock. All of the family were at home when I got there, except the Doctor (my father.) I learned he was down to see Leighty's child. I remained at home after I got there. The Doctor came home about fifteen minutes before nine. The boys were all asleep up stairs. I and ma were in the north room below. The Doctor came into the room, walked across it, and pulled off his coat, and hung it up on the east side of the room. He did not speak to me about putting up his mule, but I staid up for that purpose. I went out, put away the mule, and came back carrying a saddle, at which time pa was standing on the walk just in front of the house. He walked back into the hall, and, I think, went into the parlor, for he was standing in the parlor door as I came in at the west door with the saddle. There was no light in the parlor at that time. I put the saddle down at the east end of the hall, and then went into the north room, and sat down between the table and northwest window. The Doctor soon came into the room after I had been there. Ma was lying on the bed in the north room when I went into it, after laying down the saddle. I don't know what the Doctor was doing in the parlor door. After he came into the north room, he walked up to the drawer and took out a daybook and gave me an envelope, and said that it contained a copyright for a book he had written. He then went back to the bed, and sat down and was talking to ma. I was read- ing the letter. After I had read it, the Doctor got up and pulled off his coat, vest and hat, and hung them upon the bureau at the west end of the room. He then sat down on the side of the bed and pulled off his shoes. I was at that moment putting the copyright in the envel- ope when I heard a gun crack. The gun was shot off at the right side of me. My right elbow was resting on the window. I did not see the flash, but I saw and smelt the smoke. It came into the room. I heard the glass fly. The Doctor raised up and started toward me, saying : "I'm shot." He took hold of my shoulder. I took hold of him, and
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he wheeled over towards the southeast corner of the room, to where the guns were, and caught hold of a gun, which fell down as he pulled at it. I saw he was going to fall, and threw. out my knee and caught him. While in this position, I reached and caught the gun. I raised pa up and let loose of him. The last I saw of him just then, he was staggering towards the bed. I think ma had hold of him. I went to open the south door, but failed the first time. Made another grab and opened it, and went out into the hall. I heard some one jump onto the walk in front of the house. I ran out at the west door and looked south, and saw a man running south through the yard. I ran southwest some eighteen or twenty feet, and fired at the man who was running off. I did not see any gun, if the man had one. I only fired one shot. I am sure of that. There was but one load in the gun, a load of goose shot. I was standing southwest of the house and shot directly south of me. I made examination next day for the tracks of the man, but found none. I think the man was of medium size, wore dark clothes and had on a black hat. Until he got out of sight he was running at full speed in a southeast direction. The orchard is sodded with timothy meadow. The land south of the orchard fence is sown in rye, and was broken up about three or four weeks ago. The land east of the orchard is wheat stubble. A few minutes after the shooting George Wyatt and I went down through the orchard to see if I had hit him, but could find no trace. That was all the search that night. Some five or ten minutes after the shooting I went to Arkoe, which was in the same direction the man had ran. I waked up Mr. Turner and told him what had happened. I knew at that time he was shot through and through, for ma had shown me where the ball had grazed her leg. I also went to Mr. Wilson and told him about it. I did not tell them about the man's running through the orchard. I simply told him pa was shot. I never thought of arousing the people to search for the man. I did not think it was necessary. I thought the man I shot at was the man who shot father. I never thought at any time during the night about having search instituted for the man.
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