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 43
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In accordance with the above testimony, the jury returned a verdict that Dr. Talbott had been assassinated by some unknown person.
From the very first, however, suspicion rested on the family. The ball which had passed through the murdered man plainly showed it was of rough manufacture, and that the rifles on it had been marked with a knife. The actions of the family were also very strange. There had been no effort made to arouse the neighbors or to pursue the assassin. Even while the doctor lay dying the family seemed almost unconcerned. Several other circumstances about the premises indicated that some member of the family had perpetrated the deed. The public were thor- oughly aroused. The sheriff of the county, Henry Toel, and the prose-
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cuting attorney, W. W. Ramsay, were indefatigable in their exertions to discover a clew to the mystery.
In the meantime, strange rumors began to reach the public ear from the Talbott mansion. The family claimed that the house had been attacked by armed men, an entrance had been forced through the door, a battle had been fought, revolvers and shotguns had been emptied at short range ; but a bullet-hole through Albert's coat, and divers bullet-holes in the ceiling and walls, all passing outward, were the only results that appeared. After this strange affair, shooting was almost of nightly occurrence around the house. The family claimed that some one was thirsting for their blood, and reported so to the sheriff, but when protec- tion was offered it was refused.
At this juncture a man named Jonas V. Brighton, who claimed to be a United States detective, from Kansas, appeared on the scene, and the Talbott boys, whose entire confidence he secured, soon revealed to him the fact that they had killed their father. In the meantime the sheriff, who had obtained evidence enough independent of Brighton to warrant an arrest, with the assistance of William Toel, Hosea Torrence and Nich- olas Jones, arrested Mrs. Talbott, the two boys and the hired man, Henry Wyatt. The parties offered no resistance, although from Albert there were taken two revolvers and a bowie knife, and a revolver from Charles. The prisoners were brought to Maryville ; and a preliminary examination held October 27-8, 1880, resulted in Albert P. and Charles E. Talbott and Henry Wyatt being bound over to answer a charge of murder in the first degree, while Mrs. Talbott was held in a bond of $1,000 as being accessory.
The grand jury, at the November term of the Nodaway County Court, found a true indictment against Charles E. and Albert P. Talbott and Henry Wyatt, but failed to indict Mrs. Belle. Talbott, and she was thereby discharged.
The trial of this case occupied about ten days, and excited more public interest than any other trial that ever took place in Northwest Missouri, or perhaps in the state, the leading papers of the state and of Chicago, Cincinnati and New York publishing the proceedings almost in full. The defense was ably conducted by Lafayette Dawson, Thomas J. Johnston and M. G. Moran, who did all that could be done for the pris- oners. The prosecuting attorney, W. W. Ramsay, was assisted through- out by his partner, John Edwards, and by Scribner R. Beech.
At the beginning of the trial the defense asked that the cause be tried before another judge. The request was granted, and Hon. John C. Howell, Judge of the Twenty-eighth Judicial Circuit, was selected. Judge Howell conducted the trial throughout in the most impartial manner ; was sustained in all his rulings, and received from all parties the highest encomiums.
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On January 29, 1881, when W. W. Ramsay closed his argument for the state, the Judge gave his charge to the jury who withdrew from the court room at four o'clock for consultation. In less than two hours court was called, and the jury, who had agreed, gave the following verdict :
"We, the jury, find the defendant Charles E. Talbott, and the defendant Albert P. Talbott, guilty of murder in the first degree."
THE SENTENCE.
"In the necessary preliminary steps, and in the trial of the cause we have now spent almost two weeks. On last evening about seven o'clock the case reached a crisis full of solemn and impressive interest. The jury returned a verdict of murder in the first degree against the defend- ants, and it is now my duty to pronounce the judgment of the law in pursuance thereof.
Upon such occasions it is perhaps customary to review briefly the history of the trial. This I deem unnecessary under the circumstances of this case. Many in this community attended this trial and know the history, and by means of the telegraph many abroad also know it. One thing, however, I feel that I must say in reference to the attorneys in the case. Both the state and these defendants have been well and ably represented, and if the issue has gone against them it was not from want of faithfulness or lack of eloquence, ability and skill in their behalf on the part of those who appeared in their behalf.
Besides reviewing the history of the case, it is also sometimes cus- tomary to strongly animadvert on the conduct of the defendants. That example I shall not follow except to say that if the defendants are guilty it is a most wicked, dastardly, ungrateful and atrocious crime -almost unparalleled in the annals of crime. But in my judgment this is no time for speech, but rather for solemn thought and melancholy reflec- tion. No doubt the defendants are sufficiently impressed with the gravity of the situation. If they are guilty -- and they know whether they are or not-I can only recommend to them that they heartily repent of their crime, and have washed from their souls the foul stain produced by this awful violation of human and divine law."
He then asked each of the defendants respectively if they had any legal reason why the judgment of the court should not be pronounced against them, to which each responded : "I have ; I am not guilty of the charge." His Honor continued :
"The jury says you are guilty, and therefore it is considered and adjudged by the court that you be taken hence to the county jail of Nodaway County, and confined therein till the 25th day of March, 1881, and that on that day you be taken thence by the sheriff to the place of
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execution, and that you be hanged by the neck till you be dead, and may God have mercy on your souls !"
No pen can write, no tongue can tell, the awful scene as these words were uttered. The Judge broke down, covered his face with his hands, and quivered with emotion ; strong men wept, women shrieked. The vast multitude present were shaken as if by a tempest. The agony of the mother and relatives of the condemned was terrible. Mrs. Talbott clung to her boys as if she would not have them torn from her. Albert's calmness forsook him. His mother, his affianced, both must be bidden farewell, ah! it was terrible. He wept like an infant. Charles was moved, but possessed to a great extent his wonderful composure. His fortitude was wonderful. Nothing like it, in one so young, was ever before witnessed. At last way was made through the packed mass of humanity, and the prisoners conveyed to the jail, followed by hundreds of curious spectators.
There was a motion for a new trial, on a bill of exceptions, and the case went to the Supreme Court, where, on April 20, 1881, it was fully argued by W. W. Ramsay, for the state, and Thomas J. Johnston and Lafayette Dawson, for the defense. The decision of the lower court was affirmed, all the judges concurring.
The Talbott boys were in jail at Savannah when the decision of the Supreme Court was communicated to them, but they were soon removed to St. Joseph, and placed in the Buchanan County jail for safe keeping. They had been there only a few weeks when a scheme was discovered to liberate the boys, and they were removed to Savannah, where they remained until the middle of May, when they were taken to Maryville and placed under a strong guard both day and night. When they were removed to Maryville, sheriff Lincoln, of Andrew County, found two ingeniously made keys concealed in their cell. The keys were con structed of hard wood, and would readily open their cell doors.
During the whole time after the arrest, the boys showed remarkable coolness and fortitude, considering their youth, Albert being only twenty- two and Charles only seventeen years of age.
Great efforts were made to secure executive clemency, but the gov- ernor could only be induced to grant a respite of the sentence from the 24th day of June to the 22d day of July, 1881, when the Talbott boys suffered the extreme penalty of the law at Maryville, amidst a vast con- course of people.
As we review this trial which has created such a public interest, it may not be improper to note the distinctive features as they appeared in a historical light.
First. The prominence of the individual murdered. Dr. Talbott had been a resident of Nodaway County about thirty years. He had
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earned a wide reputation as a skillful physician, and had accumulated a large fortune.
Second. The crime, a parricide, is one of the deepest dyed known to the annals of history. The doctor was also killed in his own home, at an early hour of a bright moonlight night, in a thickly settled portion of country, while surrounded by members of his own family.
Third. The defendants were convicted upon admissions and state- ments by them made, perhaps inadvertently, at different times to dif- ferent parties, and a concatenation of criminating circumstances, all of which was verified and strengthened by the testimony of an accomplice in the crime.
Fourth. Henry Wyatt, while jointly indicted with the defendants for the murder of the doctor, but had been granted a severance in the trial, was introduced by the state and gave the principal testimony, detailing all the plots and plans preceding the murder.
Fifth. An uncle of the boys by marriage, though at the time of the homicide residing in Kansas, lent his aid to the state in ferreting out the case.
Sixth. There has never been a case in Missouri where so much influence was brought to bear upon the governor to exercise his prerog- atives in commuting the sentence pronounced by the court. Leading citizens from various portions of the state, and a humanitarian society from a neighboring state, all brought influence to bear upon the gov- ernor to exercise executive clemency, without avail.
Seventh. Another feature of this case is the rapidity with which the law was enforced. Perhaps history contains few precedents of cases of this magnitude where a crime has been committed, the perpetrator of the deed arrested, arraigned, tried, the verdict confirmed, and the culprits executed within ten months of the commission of the deed.
In passing this celebrated case into history, an invisible pen seems to write on every door post, "In family government it is dangerous to leave out the moral element."
CHAPTER XXIX.
CENTENNIAL ADDRESS BY DR. H. E. ROBINSON.
OLD SETTLERS TO WHOM PRIZES WERE PRESENTED AT BURLINGTON JUNCTION, 1880- PRESENTATION OF PRIZES AT THE FAIR OF 1881-HON. LAFAYETTE DAWSON'S ADDRESS.
Below will be found the Centennial Address of Dr. H. E. Robinson, delivered at Maryville, Missouri, July 4, 1876. The doctor is one of the oldest, as well as one of the most highly respected citizens of the county. His address is replete with historical facts and incidents, relating to the early history of the county, and being a carefully prepared and well written document, we deem it worthy of preservation :
Fellow-citizens of Nodaway County: In pursuance of a resolution passed by the Congress of the United States, enforced by a proclamation by the President, and supplemented by one from the Governor of Mis- souri, to the effect that each county should, at its celebration of this Centennial Fourth of July, have an historical address delivered, which should contain a sketch of the history of the county from its earliest times, your committee has seen fit to select him who now stand before you to deliver such address. Whether a better choice could not have been made, is now too late to determine ; it only remains for him to show how faithfully he has endeavored to perform his difficult task, for the task of preparing a sketch of this kind, short as it must be, is far more difficult than it would have been had more time and a lengthier article been possible. And however much this individual effort may fall short of completeness, it is sincerely hoped it will be found not lacking in truthfulness, in interest, and in evidence of careful research.
It seems hardly possible when we look around over our broad prai- ries and see them dotted with villages and farm houses, everywhere teeming with busy life, that but thirty-five years ago they were traversed only by their Indian inhabitants and the wild beasts and birds native to the soil, save occasionally by the hunter who had strayed for the time from his usual haunts. Yet such is the case, for as late as the spring of 1839 no white man resided in the boundaries of what now constitutes Nodaway County. That spring, however, the advance pioneers of civil- ization began to push their march forward, and a party composed of Isaac
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HISTORY OF NODAWAY COUNTY.
and Daniel Hogan, Richard Taylor and Robert M. Stewart crossed the Elkhorn and selected claims near the present town of Graham. Isaac Hogan remained until he had broken a few acres of ground and planted it in corn ; the other members of the party returned to Platte County, whence they had come. Robert M. Stewart, at that time a poor friend- less boy, working out at days wages, in after years became Governor of Missouri and the most highly honored citizen of the Northwest. Although the force of circumstances prevented his ever becoming a citizen of our county, yet to the day of his death he remembered with enthusiasm the beauty of the country upon his first visit here, and always predicted a glorious future to the "noble County of Nodaway."
Late in the fall of 1840, Elijah Bunten, James Bryant and Harvey White explored the country along the White Cloud, and took claims. In those days all that was necessary to gain a title to land was to cut down some trees and start a house, and whether the house was ever completed or not, no honorable man would "jump the claim." Bunten seems to have been a professional claim taker. He first selected the tract of land now owned by Marion Woodward on the White Cloud, and made some few improvements. He also took a claim on the Noda- way River and on the Florida Creek now owned by Judge Shell. In the fall of 1840 he sold his White Cloud claim to Mijamin Byers, and built a cabin on his Florida Creek claim. After a year or two Bunten sold out and moved to Oregon, engaging in the claim business there. He died there in 1869.
Harvey White, who was a son-in-law of Bunten, took a claim on the White Cloud now owned by R: J. Boatwright. He remained there for a few years, when he sold out to a man by the name of Gray, and removed to Oregon.
Jim Bryant is said to have been one-fourth Indian, and at any rate it is known he would do but little except hunt, trade and drink. He built a log cabin in the woods, a little south of where Billy Jones' house now. stands, and laid claim to all the timber land on the east side of the White Cloud, south of the Saunders school house.
Early in the spring of 1840, Isaac Hogan moved his family from Platte County, accompanied by Daniel Hogan, Richard Hogan and wife, and Joseph Thompson. R. M. Stewart had presented his claim, made the year before, to Thompson, who now commenced to improve it, living with Isaac Hogan, as he was a single man. Mrs. Hogan, after her arrival here, took a claim on the Little Elkhorn, now owned by W. I. Linville. One rainy day Thompson and Mrs. Hogan engaged in a game of cards, and bet their claims on the game. Mrs. Hogan won, and Thompson at once set off to look for a new location. He is now resid- ing east of the Platte River, and remembers with pleasure those times of "Auld Lang Syne."
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HISTORY OF NODAWAY COUNTY.
Early in the fall of 1841, Lorenzo Dow Vinsonhaler and Harvey Dillon found the beautiful Nodaway Valley and took claims therein. Dillon selected the land now owned by Lewis Anders, built himself a log house, broke and fenced several acres, and planted a lot of apple seeds. Several years after he sold out to Finley Mccrary, and became lost to the sight of his old neighbors. Dow Vinsonhaler laid claim to the' land . now owned by Wm. Leeper and remained on it for several years. He then sold out and accompanied John C. Fremont's party of explorers across the Rocky Mountains. He was with this party during their terrible experience in the winter of 1849, when all their mules were frozen to death and ten men lost their lives by starvation. Fre- mont speaks in glowing terms of the courage and endurance of Mr. Vinsonhaler, and says he saved the lives of several of the party by his example and encouragement. Mr. Vinsonhaler afterwards settled in California, where he died several years ago.
In the years 1840, '41 and '42, emigration to this county set in with considerable rapidity. Among those whose names we remember with gratitude and honor as our first settlers, may be mentioned Hiram Hall, Colonel I. N. Prather, Burt Whitten, Thomas Adams, John McLain, Wil- liam Cock, Daniel Marlin, Wesley Jenkins, Joseph Huff, the Finches, Morgans, Groves, J. E. Alexander, John Jackson, the Swearingens, Mozingos, Grays, Vinsonhalers, Ephraim Johnson, John Lamar, Corne- lius Brackney, Chauncy Dalrymple, Samuel Nash, Joseph Hutson, Isaac Cox, James Noffsinger, James Penington, the Blaggs, Frank Conlin, and E. S. Stephenson. Many others might be mentioned did time and space permit. They may rest assured that their memory will be preserved with freshness that increases with the lapse of time.
When our county was first settled, the Indian title to the land had only been extinguished about three years, and many familes still roamed over their "happy hunting grounds." For by all accounts this part of the United States was not surpassed by any in its abundance of game. Droves of deer bounded over the prairie or sought the welcome shade of the forests that lined the streams ; while immense flocks of wild tur- keys roamed through the under brush, and the whirr of the grouse and the pigeon was heard on every side. In the winter of 1810-11, the first expedition sent out by John Jacob Astor to found the Northwest Fur Company, encamped near the mouth of the Naduet River, or, as we now call it, the Nodaway River, for four months. on account of the excellent hunting found there and to the northward ; and, attracted by its fame, the celebrated pioneer, Daniel Boone, made his last hunting expedition, a the age of eighty-two, into this region of Northwest Missouri. The advance of civilization has, of coure, driven away the most of this game, although deer have been killed in Nodaway County nearly every year even to the present.
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HISTORY OF NODAWAY COUNTY.
Nodaway County has never been remarkable for its noxious beasts and reptiles, although the first settlers found here, occasionally, bears, wolves, and rattlesnakes. The latter, indeed, were rather too plentiful for comfort, but the constant warfare waged between the descendants of Eve and those of the "Old Serpent," has so thinned the ranks of the latter, that when one is found it is considered a curiosity. John Brad- bury, an Englishman, who journeyed through this section of our coun- try in 1811-12, remarks the almost incredible number of snakes he found here in the spring of 1811, lying in a half torpid state under every flat stone and fallen tree. He also speaks of the vast flocks of pigeons he noticed at the same time, stating that he killed nearly three hundred one morning in a short time with a common fowling piece.
This whole country of Northwest Missouri, now known as the Platte Purchase, comprising some of the most valuable land in the world, was occupied by several Indian tribes until 1836, when, by treaty with the United States, they ceded the country to the general government, by whom it was granted to the State of Missouri. The principal tribes occupying here at the time of cession were the Crees, Gros Ventres, Iowas, Ottoes, Pawnees, Pottawatomies, Sauks and Shawanees. Fami- lies of these tribes continued to live in Nodaway County until 1856, and at different times the remnants of tribes, sometimes as many as two or three hundred, visited their former haunts, evidently looking with wistful eyes upon the paradise they had lost, with no hopes of recovery. Tradition seems to indicate that the Indians who last resided here were of the Pottawatomie tribe, sadly degraded, a lazy, brawling, whisky- drinking class of human beings. For although the law against selling whisky to Indians was very stringent, yet they never failed to find some one bold enough to brave the terrors of the law, and supply them with the much desired " fire water."
An impression seems to have obtained that Nodaway once formed a part of Andrew County. Although there were some grounds for this idea, yet, in fact, such was never the case. In 1839, when Buchanan and Platte Counties were laid out, comprising the southern portion of the lately acquired Platte Purchase, all the territory in said Purchase north of Buchanan County was attached to it for civil and military purposes - not included within its statute boundaries, nor known by the same name -but styled the " territory of Neatawah." All money collected as taxes for county purposes in this territory was applied to the purposes of inter- nal improvement within said territory. In like manner, when in 1841, Andrew County was laid out, its boundaries enclosed the same territory as at present, and the territory now called Nodaway County was simply attached to it for civil and military purposes, all county taxes collected here being applied to internal improvements in this territory. Hence we see that Nodaway County was never a part of Andrew County in any real sense.
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HISTORY OF NODAWAY COUNTY.
In 1844, the population of this county had increased to about twelve hundred souls, and feeling it would be better to have an organization, steps were taken to that end. William A. Miller, representative from Andrew County, introduced a bill in the Missouri Legislature providing for the organization of Nodaway County, which was passed, and on Feb- ruary 14, 1845, it was approved by Governor John C. Edwards, as follows:
" All that portion of territory bounded as follows, viz : Beginning in the middle of the main channel of the Nodaway River, opposite the line dividing townships 61 and 62 ; thence up the middle of the main channel thereof to the mouth of the brook, in what is known by the name of Roland Grove ; thence due west to the dividing ridge, dividing the waters of the Big Tarkio and Nodaway Rivers ; thence north upon. the top of said dividing ridge to the state line ; thence east with the state boundary line to the old western boundary of the state ; thence south with the same to the township line dividing townships 61 and 62 ; thence west with said township line to the place of beginning, is hereby organized into a separate and distinct county, to be called and known by the name of 'Nodaway.'
Amos Graham and William M. Sitton, of the County of Andrew, and Daniel Hunsucker, of the County of Holt, are hereby appointed commissioners to select the permanent seat of justice of said county ; said commissioners shall meet at the house of I. N. Prather on the first Monday of June next.
The County Courts of said county, shall be held on the first Mon- days of February, May, August and November, and the first meeting of said court shall be at the house of I. N. Prather, and shall continue to be there held, until the permanent seat of justice is established, unless otherwise ordered by the court."
Governor Edwards appointed Thomas A. Brown, James M. Fulker- son and John Lowe, county justices, and Bartlett Curl, sheriff, and they met for their first time at Colonel Prather's house on April 7, 1845. Their first official performance was to appoint Amos Graham, clerk. During this term Green McCafferty was appointed surveyor, and Daniel McCarty, assessor, and the townships of Buchanan, Atchison, Hughes, White Cloud, and Washington were laid out. Buchanan Township included the present townships of Atchison and Lincoln, besides extending about twelve miles into the present State of Iowa. Atchison Township covered the territory now comprised within Green Township. Hughes, White Cloud, and Washington included their present territory, besides the present townships of Grant and Jefferson, which were about equally divided between White Cloud and Washington. It is said that Bartlett Curl wore a beaver hat, perhaps the only one in the county, and carried therein his sheriff's office. He was elected sheriff at the first general election held in the county after its organization, serving until
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