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CRIMES, ACCIDENTS AND INCIDENTS. DR. SAMUEL NOTTINGHAM HANGED FOR KILLING HIS WIFE -- TRIPLE TRAGEDY -- MURDER OF JAMES WESTBROOK BY THEOPHILUS R. FREEMAN -- FREEMAN'S ESCAPE -- TRIAL OF JAMES M. SMITH FOR THE MURDER OF WILLIAM MUSGRAVE -- DROWNED -- INCIDENTS OF THE WAR -- STANLEY AND MORGAN SHOOTING AFFRAY -- SHOT WHILE ATTEMPTING TO BREAK JAIL -- TWO MEN HANGED. While Bates County cannot boast of many grave or noted criminal trials, there are a few crimes which have been committed within her borders of sufficient interest and importance to be mentioned in this work. The first and only man hanged in the County of Bates, in pursuance of a sentence of a legally constituted judicial tribunal, was Dr. Samuel Nottingham, who then resided on Clear Creek, in what is now known as Vernon County, but at that time (1851), was in Bates County. The crime was perpetrated by him in 1851. All record of the circumstances was destroyed during the war of 1861 -- (there being no circuit court records extant, earlier than 1859) -- consequently, we have relied altogether upon the memory of the old settler, for the following brief history touching that affair. The doctor had married a Miss Jerrell -- his second wife -- with whom he did not live on pleasant and agreeable terms. His children by his former wife, were living with them and were old enough to take cognizance of what was passing around them. Mrs. Nottingham was accompanied by her husband one evening, when she went as usual to milk the cows. While attending to this duty, she and the doctor had an altercation, which proved to be so serious, that Mrs. Nottingham started through the woods, to go her father's residence, which was located in the neighborhood. Before she had gone a great way in the woods, she was overtaken by the doctor and struck several times on her head with a stone, which he had picked up by the way, killing her almost instantly. After perpetrating the diabolical deed, he then cut his wife's body into two pieces -- took them to the creek (Clear Creek) and sunk them with stones. After two or three days the doctor, fearing that the body would rise to the surface of the water, took it out and buried it at the root of a tree in the woods. In the meantime, Mrs. Nottingham had been missed from her home and from the neighborhood. Search had been instituted by officers of the law and interested friends and relatives. While searching in the woods a number of buzzards were seen by the parties on the ground and in the trees near by. As they approached the spot where these birds were seen, at the root of a tree a sickening odor prevailed and when going up they found to their horror that a human body had been partially dragged from a shallow grave, and that a portion of it had furnished food for these vultures, which were stalking about on the ground and watching ominously from the branches of the trees above. The body was identified as that of Mrs. Nottingham. The doctor was arrested and tried. During the trial his own children testified that they had heard their mother and father quarreling in the cow-lot, near the house, the same evening that their mother disappeared, and also that they observed blood upon his clothing that night. The jury found a verdict of guilty of murder in the first degree, and the doctor was accordingly sentenced and hung at Papinville, as stated above, the first and only person executed in pursuance of law in the county. James Hill and James Richardson, prior to the war of 1861, were doing business in the town of Butler in a two-story frame building, which stood where the Palace Hotel now stands. Hill was selling dry goods, and occupied the east side of the store room, while Richardson occupied the west side, with a small stock of drugs. At the breaking out of the war they quit business, Richardson going to Texas, and Hill remaining in Butler with his family. Richardson, before leaving, had threatened Hill's life, and said that he would get up a company of marauders and freebooters, return to Bates County, and ply his nefarious, thieving vocation in and about Butler and other towns, before his departure for Texas, Richardson had given a man by the name of Jasper Browning, a farmer, an order on Hill for the sum of five dollars. He went to Texas, and reached the neighborhood of the battle ground of Wilson's Creek, on his return, upon the day of that battle, in August, 1861. Being too cowardly to engage in the fight, he skulked about until night, and then went upon that bloody field, where he helped himself to two pistols, a tin canteen, a horse, bridle and saddle, and came on to Butler, where he bullied and swaggered and boasted until he met his death. Hill was a timid, retiring man in his disposition, and would have avoided a difficulty with any man or even woman. After the return of Richardson, Hill, learning that he had said he would take his life, remained closely at home. In the meantime, Browning, to whom Richardson had given the order for five dollars, came to town and asked Richardson for the money, telling him at the same time that Hill refused to pay it. Richardson became exceedingly angry, and requested Browning to go with him to Hill's house, where he would see Hill and make him pay it or kill him. They went to the house, but before they had reached it, Hill saw them coming and went out the back door and sought refuge in his smoke house, taking with him his loaded shotgun and locking the door. Richardson and Browning were met at the door by Mrs. Hill, who inquired what they wanted. Browning remarked that they had come on a matter of business, to see Mr. Hill; that their intentions were peaceable and that they would like to see him. She told them that Mr. Hill was not in the house, but that if he was around she would find him, and turned to go upon her errand -- to tell Hill -- when Richardson said with an oath he "knew where Hill was as well as she, and that he would find him before she could." He pushed her aside and went to the smoke house door. Hill, on the inside, frightened almost to death, heard Richardson at the door and fired at him through the door. One shot took effect in Richardson's arm. He then, with Browning's assistance, broke in the door, when Hill, seeing Browning with Richardson, and supposing that they would kill him, attempted to run across the yard to the house, but after he got out of the smoke house into the yard Richardson shot him in the back. Hill fell, and Richardson ran up to him, put his pistol to his head and shot him twice after Hill was down. This act of brutality upon the part of Richardson showed him to be an inhuman wretch and devoid of all manly impulses. To fire upon his fleeing, afrighted antagonist was bad enough, but after he had felled him to the earth and when life was perhaps already extinct -- to deliberately place his pistol near the poor, unfortunate man's head and send two more bullets crashing through his brain was an act of barbarism seldom perpetrated in a civilized and Christianized community. It is said that Browning fired once at Hill, but this has not been fully confirmed. After this deed of heroism -- the murdering of a retreating and peaceable citizen, Richardson and his friend repaired to the former's boarding house, after Richardson had his wounded arm dressed at the drug store. Here he boasted of his valor and narrated to his disgusted auditors the incidents of his bloody deed. A few citizens of the town, who had heard of the tragic death of Hill and the cowardly manner of his taking off, determined, notwithstanding the reign of violence occasioned by the great civil war -- which then greatly retarded the administration of law and justice, to have Richardson arrested and tried. To this end a writ for his arrest was placed in the hands of the deputy sheriff, Alexander Spencer, and a number of citizens were called to assist him, knowing that Richardson was armed with the two pistols already mentioned and a Minnie rifle. Among the citizens composing the sheriff's posse was John Hill, a brother of the deceased. Upon the day that his brother was murdered John was out of town, but returned that afternoon. While these preparations were being made (the procuring of a writ and summoning of citizens to aid in the arrest) Richardson had gone to the house of Frederick Teany in the southeast part of the town. Suffering from his wounded arm, the physician attending him had given him a dose of morphine as an emollient. When the sheriff and his men came up and surrounded the house where Richardson was stopping, Richardson was lying on a couch sleeping. At the moment, however, when the sheriff and his men got into the room, where Richardson was sleeping, he waked up and arose to a sitting position, but before he could comprehend the situation or use his weapons, the sheriff placed his revolver against his head and commanded him to throw up his hands which he did. He was made a prisoner and disarmed. He told the sheriff that he would remember him for his day's work and talked in a threatening manner. About this time the posse from the yard crowded into the room. Richardson remarked to the sheriff, "You had better leave me; you know there is no law in this country." At that instant, John Hill, the brother of the deceased, snatched a gun from the hands of one of the guards standing near, and shot Richardson dead through the heart. Another warrant was immediately issued for the apprehension of Browning who was a co-conspirator of Richardson. The sheriff proceeded to the house of Browning, who resided some distance in the country with his posse of citizens. While the residence of Browning was being surrounded Browning endeavored to make his escape, but while fleeing John Hill, the brother of the deceased, shot him dead. Thus ended the triple tragedy, being the first that ever occurred in Butler wherein any person had met his death at the hands of violence. John Hill was never arrested for killing Richardson and Browning, his act being regarded as one of retributive justice. One of the most melancholy affairs which has occurred in Bates County, took place on Saturday evening October 16, 1869, one half-mile east of Butler. We give below a full account of the affair as reported in the Bates County Record: Theophilus R. Freeman (the prisoner), is about thirty years of age, came to this county three years age, and has been engaged as a laborer. About eighteen months since his wife left him, leaving three children, the oldest seven years of age, and the youngest about three. Since the departure of his wife he has been quite familiar with Mrs. James Westbrook (the wife of the deceased), and it is rumored that an improper intimacy had been existing between the parties. In any event, Mr. Westbrook (the deceased) on last Saturday, going home rather earlier than usual, found Freeman there and at once ordered him off the premises. He (Freeman) came to town and procured a shot gun, and about dusk returned to the residence of Westbrook, remarking to two or three different parties before he left town that he was going to have a "shooting match of his own," "that he was going to kill somebody," or words implying that he was intent on some desperate deed. He kept his promise well, secreting himself in the bushes near Westbrook's house, he waited an opportunity to assassinate him. Westbrook hearing a noise at the gate (doubtless created by Freeman) went out to ascertain the cause, supposing cattle were in the yard, and while standing at the gate he received the shot of Freeman who was partially hid about twenty feet from him. He received nine buckshot, four taking effect in the abdomen. He walked part of the way to the house, and fell and was partially carried by his wife and children. The report of the gun and the cries of the murdered man aroused the people in the vicinity, who hastened to Westbrook's house. Dr. Pyle was at once summoned, and at the request of Westbrook, who said that he recognized the man who shot him as Freeman, a posse went out to find the murderer. About nine o'clock, Freeman, armed with a double-barreled shot gun, was arrested coming in at the back way, to his usual place of residence, by L. D. Condee, Esq. Westbrook died of his wounds the next morning, stating in his dying declaration that Freeman shot him. On Tuesday, the nineteenth instant, a special grand jury having been empaneled, an indictment was preferred against Theophilus R. Freeman, charging him with having on Saturday, October 16, murdered James Westbrook, at his residence in this county by willfully and deliberately shooting him with a shot gun. The charge was murder in the first degree. The prisoner having been apprehended immediately upon the commission of the offense, he was brought into court in the custody of the sheriff on Wednesday morning. He expressed a desire to be put immediately upon his trial at this term of the court, and his counsel, Colonel J. D. Hines, having also consented to this, the court had issued a venire for forty men to take their seats in the jury box on Wednesday morning, and from whom a jury of twelve men were to be selected to try the accused. The indictment was read to the prisoner, and in answer to the question, "guilty or not guilty?" he quickly replied "not guilty, sir!" Great care was taken in the selection of a jury. The attorneys for the state, P. H. Holcomb, William Page and A. T. Holcomb, Esqrs., announced their challenges to the number of eight, and the jury-list was then placed in the hands of the prisoner's counsel. The latter gave notice that the prisoner would not avail himself of the full privilege of the law in taking forty-eight hours before proceeding farther with the case, but desired to be allowed until the next morning (Thursday) before answering his challenges, and also that L. D. Condee, Esq., be allowed to assist in the defense. These requests the court at once granted. All the while the prisoner exhibited no apparent concern at what was transpiring about him. On Thursday morning the prisoner was brought in and his challenges announced to the number of twenty. The defense expressed their readiness to proceed at once with the trial. The counsel for the state signified their readiness, and the witnesses for the prosecution were called and sworn and then put under the rule at the request of the accused. The witnesses for the state were about sixteen in number. Dr. Eliott Pyle was first called to the stand, and testified that he lived in Butler and his occupation was that of a surgeon; that he knew James Westbrook, and that the latter was then dead. On last Saturday night, October 16, he was called to the residence of the deceased, and found him lying prostrate from gun-shot wounds, evidently very recently received. Upon examining Westbrook, he found that he had received five wounds in the right arm and four in the abdomen. The indications were that the wounds were from shot, fired from short range. Upon being questioned by the deceased as to the character of the wounds, he informed him that they were mortal, and that he could not long survive them. The deceased expressed his conviction that he must die soon, and showed great anxiety for his family. He said he was not long for this world, and would probably die before morning. The deceased then related how he came by his wounds; stated that near 7 o'clock of the same evening his attention was called while seated in the house to some noise outside, and thinking it was occasioned by cattle breaking into his enclosure, he went out at once to see. While standing at his gate about fifty paces from his house, he observed a white object in the brush a short distance from him, and just across a wagon track running by the gate and along his premises. This excited no surprise, as he supposed it to be a cow lying down. He also saw a spotted dog near it. The moon shone bright enough to distinguish objects plainly at a short distance. He remained standing at his gate, looking over toward Butler for a few minutes, when he perceived the white object rise from concealment and advance a few steps toward him. He then recognized it to be Theophilus R. Freemen. As he had before requested him to discontinue his visits to his house, etc., the thought occurred to him that Freeman meant him some harm, and as he was on the point of turning to walk away, Freeman shot him. He walked a few steps toward his house and fell. He recovered himself, however, and by the aid of others got into his house. He said he plainly recognized the man to be Freeman; said he was in his shirt sleeves and had a cap on his head. The foregoing is the substance of deceased's statement to Dr. Pyle, William A. Brigham, Ex-Sheriff Atkinson, John E. Holcomb, and others. These statements were made on Saturday night, and the deceased died about 7 o'clock on the following morning. The wife of the deceased, Mrs. Westbrook, was called to the stand after Dr. Pyle, and her testimony corroborated the statements of her husband respecting his altercations with Freeman on Saturday afternoon. Anthony Beare testified that he knew the prisoner at the bar; that on Saturday, about one hour before sundown, he saw prisoner with a double-barreled shot gun, and spoke to him. Saw prisoner drink something out of a bottle. They were near Westbrook's house. He asked the prisoner if he was going hunting, and he replied, "No, not particularly; that he was going out on a kind of shooting match." Prisoner then passed on. He wore a cap and was in his shirt sleeves. The direction prisoner was going was a little west of Westbrook's house. John C. Layton testified that he was in company with last named witness, and saw a small spotted dog with prisoner. John L. Slater said he knew the prisoner; that he with other boys saw the prisoner near sundown on last Saturday with a double-barreled shot gun, a spotted dog, dressed as previously described; that this was a short distance from Westbrook's house in some brush by the road side; that prisoner told them that he had bid good bye to Butler, and to go home and not wait for him; that if they did they would never go. Mrs. Nancy Johnson stated that she knew the prisoner; saw him on last Saturday; asked witness if the men about the house were going to the shooting match; prisoner said he was going to have a shooting match of his own; witness asked prisoner where, and he replied, "Wait and you will find out;" prisoner then said something about some one's having done something to him; witness did not distinctly understand what, and the prisoner then added he "meant to kill him;" witness did not understand to whom prisoner referred; this conversation was had on the afternoon of Saturday. Witness gave the same description of Freeman as above. L. D. Condee testified that he was ordered by the sheriff to go to the house of B. M. Cox, the boarding place of the prisoner, and watch for the latter and arrest him. This was on last Saturday night. About nine o'clock he saw the prisoner coming along a fence from an easterly direction. He was coming in from a back way and was on no traveled road. There was a deep ravine back of the prisoner's boarding place, extending in an easterly direction towards the residence of Westbrook. Prisoner did not see him until he made the arrest. When he arrested the prisoner the latter had a double-barreled shot gun in his hands, had a cap on, was in his shirt sleeves and a small dog was with him. The gun was loaded. W. H. Cassity testified: That he was in company with Condee and assisted him in the arrest. His evidence was in substance the same as the above. Other evidence was offered by the state in corroboration of the foregoing facts, and the prosecution here rested the case. Two witnesses were called for the defense -- B. M. Cox and F. J. Drummond, a gunsmith. The former testified as to the previous general good character of the prisoner, that prisoner was thought by many to be a little cowardly. He stated that prisoner was not at his boarding place on Saturday night until 9 o'clock. Mr. Drummond's testimony related exclusively to the character of shots from shot guns, their range, etc., and the examination then closed, having consumed the entire day. On Friday morning, after some deliberation, the court gave such instructions to the jury as were deemed lawful and proper to govern them in the discharge of their solemn duties. The argument for the prosecution was opened by William Page who gave a clear and succinct statement of the whole case as presented in the evidence, dwelling particularly upon the application of the instructions of the court for the state to the evidence. L. D. Condee followed for the defense. He was followed by A. T. Holcomb, Esq., for the state. Colonel Hines then addressed the jury in behalf of the prisoner in a speech of about an hour's length. The closing argument was made by P. H. Holcomb, Esq., for the prosecution. The argument of counsel consumed the forenoon and the jury retired to consider their verdict. In the course of an hour they returned a verdict of guilty of murder in the first degree as charged in the indictment. At precisely five minutes after 1 o'clock to-day (Saturday) the prisoner was brought into court by the sheriff and for a few minutes was in close consultation with his attorneys, after which the judge informed him that he had been found guilty of murder by a jury of his countrymen and asked him if he had anything to say, any reason why sentence should not be passed upon him, to which the prisoner answered in a low, broken voice: "I've not much to say, suppose if I am to be hung I will be hung innocent. There is a sort of grudge against me. Don't care for myself, have some little children that I'd like to have raised. Nothing more at present." Judge Townsley pronounced the sentence in a very impressive manner causing every one present to feel the solemnity of the occasion. The jury was discharged and the prisoner conducted to jail. On Saturday he was brought into court, his counsel filed a motion in arrest of judgment which the court overruled. The court then pronounced sentence upon the prisoner appointing Friday, December 17, 1869, for the execution. The jury was composed of Joseph Wix, Samuel Linn, J. Elmer, William Requa, Quinn Walley, M. Pickett, James F. White, S. M. Pyle, Edwin Keller, Green Walton, R. S. Ferguson and D. M. Riley. The following is the sentence: Theophilus R. Freeman, you have been tried and convicted of the crime of murder. It is now my solemn duty to pass the sentence of the law upon you. This is a duty I have never before performed, and I had hoped that I would never be required, in discharging the duties of my office, to perform so solemn a duty as this. But my position imposes it upon me, however unpleasant it may be. I have endeavored to see that you had a fair and impartial trial. My purpose has been to give you every benefit that persons standing in your situation are entitled to. You have had every favor shown you that the law gives you, both by myself and by the attorneys who have prosecuted you. Such has been the purpose of the court. Under the law, sentences for crime like this of which you have been convicted shall not be executed in less than four weeks nor more than eight from the time of the sentence. I will extend you all the time the law permits, that you may be prepared for futurity. It is, therefore, the sentence of the court that you be taken by the sheriff to the jail of the county, there held in confinement until the 17th day of December, A. D. 1869, and that on that day you be taken by the sheriff and, either in the jail or jail yard, hanged by the neck until you be dead, and this is the sentence of the court. Notwithstanding the court room was crowded while the sentence was being pronounced a death-like stillness prevailed, which was not broken until the prisoner was returned to jail. He seemed to regard the matter with the utmost indifference, as it was impossible to notice by his deportment that he was soon to pass through so terrible an ordeal. During his confinement he has shown a remarkable degree of indifference as to his fate, and it was only a few days before his escape that he appeared to realize his awful situation. He was frequently visited by Rev. M. Brown, who was untiring in his efforts to fit his soul for that "house not made with hands, eternal in the heavens." Under charge of Rev. B. he became quite penitent, read the Scriptures most of the time, also prayed and sang with commendable zeal. During his incarceration he has been visited by two brothers and a few outsiders, the latter of whom called upon him only through curiosity. He seemed to have given up all hope of escape and had endeavored to prepare himself as best he could for the other world. In the same cell was one James Walters, who was serving out his sentence (six months) for attempting to commit rape upon a small girl in the northwestern part of our county. Walters had conducted himself so commendably that the county attorney recommended to the sheriff that he be allowed to chop wood and do other work in and about the jail. Accordingly, on Monday, December 6th, the sheriff, in accordance with the suggestion, allowed him to enjoy his freedom, and at night he was again placed in durance vile. Each day following he was allowed the same privilege, until the escape of Freeman, since which time his liberties have been curtailed. It is claimed by some that he took tools into the cell with which Freeman severed the chains that bound his feet; but this he emphatically denies, and asserts that when Freeman escaped his feet were yet confined. His stories are so conflicting that they are not given much credibility. Freeman effected his escape December 11, 1869, by pulling a plank from the ceiling and moving some timbers above, coming thence down the scuttle into the front bedroom, when, by jumping out of a front window over the main entrance to the jail, he was at liberty. His escape was not discovered until about half-past 10 o'clock, when Dr. Anderson (deputy sheriff), as was his custom, went into the cell to manacle him for the night. Upon asking Walters where Freeman was, he was informed that he had escaped. The sheriff and deputy, together with several citizens, set out at once in pursuit of the convict, but to no avail. The following day (Sunday) was also spent in looking after the fugitive from justice, but their labors were not crowned with success, as of Freeman they could hear or see nothing. The indictment was for murder in the first degree. The following are the names of the jurors selected: Albert Harper, Charles A.Tripp, Ira A. Burgett, C. M. Melvin, E. D. Stone, Henry Stoddard, William H. Baird, A. C. Case, Austin Green, John Green, John C. Johnson and I. N. Davidson. William Z. Bailey testified as follows: I live in Cass County, five miles west of Harrisonville. I am fifteen years old. I know the prisoner at the bar. Have been acquainted with him two years. Saw him on the twenty-second day of February last. Saw him at Smith's school house, four miles west of Harrisonville. Saw Smith on the evening of the 22d of February 1870. I also saw at the same time and place Mr. Taylor, the school teacher, and Vail. Smith and Musgrave had a difficulty that evening. Musgrave asked Smith what he had against him, that he had threatened to kill him. That took place out of the school house. Musgrave was standing ten or twelve feet from Smith and did not advance toward Smith. Smith replied "Nothing at all; you left my gate open and called one of my gals a blacksnake." Musgrave replied, "old man, it's a lie." Then Smith began to draw his revolver. Then Musgrave drew his revolver and shot. Then Smith shot Musgrave. I could hardly distinguish which shot first. Then Musgrave shot again, and wheeled and ran. Smith ran after him around the school house. Heard a number of other shots. Could not say, after they went around the school house, whether it was Smith or Musgrave that fired. There might have been seven or eight shots fired. Was standing west of them when they began shooting; after which I stepped back, ran down in the brush, and stayed until Smith went home. When I went back, Musgrave was lying on the ground and Taylor was standing over or near him. Musgrave was lying on his side. He was wounded, and his face and forehead was gashed and bleeding, and he was shot in the shoulder. Myself and Taylor got him in the school house. Mr. and Mrs. Night then came up and gave him some water. Jim Wilburn came on the ground first and took Musgrave's horse, brought a wagon and took him to our house, where he had been boarding. Hamilton went after the doctor. Musgrave remained at our house until he died. He was wounded Tuesday evening, and died at four o'clock the following Friday. When I returned to the school house after the shooting, Musgrave spoke to me and said he did not think he would live long. When Smith first drew his revolver, he reached to his left side under his coat. Was standing twelve feet from Smith when he drew his revolver. Saw his revolver plain when he drew it out; it was a big navy. Musgrave was standing ten or twelve feet from Smith. I was fourteen or fifteen feet from Musgrave. Musgrave had his right hand in his pants' pocket. Smith's revolver was drawn when Musgrave fired first. Cross-examination: I said I was on the west side; correct that by saying I was on the east side when the shooting took place. Musgrave went to the school house about one o'clock that day. He was getting a dialogue to say at the exhibition. Smith came along to the school house in the evening about three or four o'clock. The fight began about five o'clock. Musgrave came out of the school house first before the shooting. Smith was standing at the side of the door; Taylor was standing on the east side of the door talking to Smith, about ten feet from him. The school house stands north and south, the door in south end. The steps are made of rocks and logs. The stone is out two feet from the house. From rock to door sill is about one foot and from the ground to door sill is three feet. Musgrave stood by the side of the door on the west side four or five feet towards Smith's house. Smith might have stood more than fifteen feet from the door. Smith and Musgrave stood ten or twelve feet apart. Taylor was ten or twelve feet from Smith. Musgrave spoke to Smith and asked him what he had done that he threatened to kill him. Smith replied nothing at all. You tried to run over one of my gals and called her a black snake. At this time Musgrave had his hand in his right pants pocket. Smith was standing, looking at Musgrave when he spoke to him. Musgrave replied, "It is a lie, old man." Musgrave did nothing with his hand at the time that I know of till Smith drew his revolver. I was looking at them and know what I saw. Saw them both at once, and stood east of Smith about ten feet from him. Saw them both plain. Smith was dressed in his every day clothes and had on an overcoat. Smith fired very quick after Musgrave did; could hardly distinguish between the report of the pistols. Could not say if they staggered back or not. Think Musgrave fired two shots. He stood half way between the door and the corner of the school house. Could not say exactly when they started to run. Taylor and I started towards Mr. Gunton's house. I passed the corner of the school house. Taylor started a little below the school house. I ran north of the wood pile. Passed by some logs on the right side of the open space. Went to the right of the cherry trees towards Gunton's house. The path runs northwest, and I did not run until after the shooting. Mr. Musgrave was in the habit of carrying a pistol. He boarded at our house. He packed his pistol sometimes in his pocket, sometimes in his boot. From where I stood I could see Musgrave's right side and could see him draw out his pistol. Am satisfied he shot as soon as he drew his pistol. Smith shot once at Musgrave and after Musgrave started to run. Don't know how often he shot then. Do not know what I testified to before the squire at the preliminary trial. The witness at this time appeared much confused and began weeping, but after a lapse of some minutes became composed and continued: Me and Mr. Taylor were not out of the school house together before the fray took place. Musgrave and the pupils of the school were repeating over some pieces and fixing the curtains and preparing for the exhibition before school was out. Me and Mr. Musgrave were not out together at any time that evening. Did not see Musgrave take out his pistol and put it in his boot. Me and Mr. Musgrave and Wilson did not go out of the school house while they were fixing the seats and curtains for the exhibition that evening. Testimony of Dr. Thomas Beatty: Was slightly acquainted with William Musgrave; first got acquainted with him at my office; saw him on the twenty-second day of February, last. He was at the house of Mr. Bailey, wounded. I examined his wounds; found him lying in bed, his head and face covered with blood. He had two wounds on the forehead; one wound run along the forehead, the second obliquely to the first; the wound was one and a half inches long; examined them carefully; the upper one was not so deep and was ragged. The bleeding was not very profuse. The lower wound I stitched together, and then examined the body for other wounds. He was wounded in the right shoulder; it was a gunshot wound. The wound in the right shoulder was a short distance below the bone ranging behind the collar bone. Supposed to have lodged in the spine. It was a round wound like a bullet wound. The skin was discolored, caused by a gunshot wound. The wound was a dangerous one, but not immediately fatal. Such wounds as affect the spine are generally fatal. Those on the face were not fatal. The wound on the head was a gunshot wound; the other was probably caused by a fall. Saw no other wounds, and I examined carefully. I saw him on the 22d day of February; never saw him afterwards. Dressed the wounds all that was required. He complained of being numb but was rational. Raised him and dressed the wound on his shoulder. Did not tell him of the fatal character of his wound. Did not at anytime tell him I thought he would die. Did not know for certain any of his wounds were gunshot wounds. One appeared like it might have been produced by falling against something. The testimony of Dr. Brookhart as to the character of the wounds corroborated Dr. Beatty's statement. Testimony of Thomas Holloway: Was not acquainted with Musgrave; saw him the evening of his death at 8 o'clock; made no remark to him as to his condition. He told me he hoped soon to end his suffering; took a written statement that he made and filed it. The statement here on file is the one Musgrave made to me. He seemed to be very weak at the time I wrote it out and read it to him. He remarked while stating it that I would have to wait on him; he said nothing to me about recovery and about death; he repeated that he would soon be better off than he then was. (This statement was not allowed in evidence). Testimony of John Wilburn: Was acquainted with the deceased; saw him on the 22d of February, the fore part of the day; I think this was not the last time I saw him alive but when he died. I had a conversation with him about the fray between him and Smith. The next day after the fray I stayed all night with him; this was on Wednesday. He repeated to me at different times, "Wilburn I am very near gone." I asked him if he could tell me him how it occurred. (This dying declaration was received.) He said, "It began as well as I can recollect, I asked Smith what he had against me that he threatened to kill me." Smith answered, "You have left my gate open and tried to ride over my gal and called her a blacksnake." I replied, "Old man it is a lie," then Smith reached around him to get his revolver out of the scabbard; he was fixing to shoot me; had my revolver in my pocket; I jerked mine out and I think I fired mine a little first. I fired once before Smith fired. When I fired the second time my revolver failed to revolve and I started to get out of the way; Smith ran after me around the school house; as I ran I revolved my pistol with my hands; when I got around to the door of the school house I fired again and Smith fired right after me; here my revolver fell to pieces; then said to Smith "I surrendered to him" and told him to shoot me if he wanted to, "I will forgive you." Did not know anything more after that. This is the last I recollect of the fray. Do not recollect of being shot in the head; did not know I was hurt when the pistol broke. The first thing I recollect after I surrendered was lying on the ground by the school house steps. After this. Musgrave told me he would not treat a dog as Smith had treated him. This was all he said about the fray. Cross-examination: This conversation was on Wednesday late in the evening; am not positive the preacher was there and prayed for the deceased some time that evening. Dr. Brookhard was there afterwards; don't think he was there that day; think I was present when Dr. Brook- hard talked with Musgrave; cannot say who all was there; don't remember if anyone else was there that evening. Mrs. Bailey and my daughter were there part of the time. Did not call anyone there to hear the talk and did not mean to be private. He said nothing to me about going to the school house; was not there when Squire Holloway was there; there was a good many there I did not know; a house full some times; saw no written statements; entertain an unfriendly feeling towards Smith; saw him about sun down that day the shooting was done; don't think anybody was sitting by when the conversation was had; Bailey's wife was passing back and forwards through the room. The state here rested the case. The defense then placed Lewis H. Taylor on the stand: I was teaching school at Smith's school house on the 22d day of February last. This was the last day of the school. Was some acquainted with the deceased; saw him at the school house that day after 12 o'clock. He was not my scholar, but had been invited to take part in the exhibition. I am acquainted with the prisoner; we were talking about having an exhibition. Told him we would have to move the teacher's desk, and wanted him to come and assist. He was director of the district. Saw the affray between Musgrave and Smith at 4 o'clock that evening. Me, Smith and others had been on the side of the school house at the time of the affray. All had gone home but me and the boy Bailey. Musgrave invited me to go home with him and then go to a spelling school at the Red School House. We were standing at the south end of the school house west of the door. Musgrave was standing near the corner. Smith was standing south of him, and I was standing east between the two. Could have touched either one with my extended hands. At this time Musgrave remarked: "Mr. Smith, what have I done that you have threatened to whip me?" Smith replied: "You chained my gate when my gals were passing through and called them little blacksnakes, and said they were only fit to wait on gentlemen." Musgrave replied, "it was a lie," and as he spoke he presented a pistol and fired, and Smith, as he fired, staggered back. Musgrave whirled and ran on the west side of the school house. They ran around the school house to the east end. While at the north end a shot was fired; do not know who fired it. Then Musgrave came in sight of me; had his pistol, and ran in the school house and shut the door after him. As he ran in the door, Smith fired at him. Smith stopped near the front of the door. Musgrave opened the door slightly, and then closed it again. He opened the door immediately and fired out, and then closed it again. Smith called for Naive; said, "Naive, bring me my shot gun; then I started west; the door opened and they began to shoot. Don't know who shot first, or how many shots were fired. I went west a few steps, and as I turned round Musgrave fell out of the door. He fell on his face perpendicularly; his head fell out in the yard clear of the door, six feet from it. The steps of the school house are about eighteen inches high. The boy, Z. Baily, was back of me somewhere at this time, to the southeast corner. At the first of the fight Z. Bailey began backing; he was running west. Did not see the pistol in Smith's hand until they began running. While Smith was talking to Musgrave he had his right hand extended and made gestures in a threatening manner. At this time Musgrave's pistol went off. The shot caused Smith to stagger back. Smith had been at the school house about one hour before the affray. Cross-examined by state: Musgrave had been at the school house from 1 o'clock. We had a recess at noon; he remained until school was dismissed, about 1 o'clock. He might have employed his time reading in a book during school hours. We were fixing for an exhibition. The scholars were reciting pieces. Musgrave was preparing to take part in the exhibition. After school was dismissed, can't say who went out first. All were out and in frequently. A short time before the fray Musgrave and me were talking about going to the red school house. Did not know there were any hard feelings between Smith and Musgrave. When the fray began I could nearly touch both of them with my extended arms. Took notice of the conversation between them. Musgrave's pistol was a five-shooter, four-inch barrel. Know this, for I had it in my hand after it was broke and empty. Think I saw all that occurred. Smith's revolver looked like a larger pistol. One shot that Smith fired struck the ceiling above his head, and the ball fell on the floor and I picked it up the next morning. When Musgrave ran in the school house, Smith was about ten feet from him. The ground in front of the house is tolerably smooth. Think Musgrave moved after I went to him; will think so as long as I live. Saw a wound on Smith that night at his house, and I think it was caused by the shot that Musgrave fired. Colonel Hines, attorney for the prisoner, was placed on the witness stand and produced a map of the scene of conflict, exhibiting the plan of the house and a minute description of the same. The Colonel stated he had the survey made on the 24th day of April following, and that he found blood on the door step and ground at that time. The counsel for the prisoner read a portion of Bailey's evidence as was given before the magistrate in the previous trial for the purpose of impeachment, which the court admitted. The defense here rested. The counsel for the state proposed the same with regard to the evidence of Lewis C. Taylor, which the court admitted. The argument was begun on the part of the state by Mr. Wilson, followed by Mr. Mather for the prisoner, then by Mr. Holcomb for the state, then by Colonel Hines for the prisoner, and closed by Mr. Pickerell, the state attorney. The case was ably argued, each speaker occupying over an hour. At 8 o'clock Saturday morning the court met, the jury called and the court informed by the foreman that after the most labored efforts the jury could not agree. Smith was finally discharged after paying a fine. On Thursday, November 28, 1871, William Howell, in company with Irving Sprague, started to Mound Branch, just east of the city for the purpose of skating. They had arrived at the creek and had been skating about an hour when Young Howell ran into a hole in the ice, He rose to the surface three times, struggling desperately each time for dear life; but his efforts were in vain as the ice was too weak to bear his weight -- it breaking at every attempt the unfortunate boy made to climb out, until benumbed and exhausted, with his dying cry for help ringing through the woods, he sank for the last time under the ice. The terror of his companion can better be imagined than described. He had sufficient presence of mind, however, to run out on the bank and raise the alarm; several of our citizens were hunting in the vicinity and they came immediately to the scene of the accident, and went to work to secure the body. In the meantime young Sprague came to town and raised the alarm and in a short time quite a number of our citizens were upon the ground. The work of recovering the body was laborious and, uncomfortable in the extreme, the day being very cold and raw; but finally, after the body remaining in the water for two hours, Mr. John, Boyd succeeded in dragging his remains to the surface and he was laid on the bank. The face of the dead boy looked calm and placid, and save an abrasion or two of skin about the face, caused doubtless by his struggle with the ice, there was nothing to indicate but that he had lain himself down to sleep. His body was perfectly limber, except his arms which appeared to be rigid and contracted and his hands were clinched; The scene as the body of the boy lay stretched upon the ground was a dreary one indeed, and the leafless branches overhead swung slowly to and fro in the wintry wind and seemed to wail a pitying requiem over the young life that had been so suddenly cut off. The body was placed in a wagon and removed to his residence. The poor, heart-broken mother, bending over the cold remains of her darling first born, surrounded by her weeping family and friends, is a scene which requires no description -- it would have moved a heart of marble. Are merely shadows to the unseen grief, That swells with silence in the tortured soul. Will Howell was about twenty years of age and well known in Bates County. He was active, industrious, kind and always gentlemanly in his deportment; had a pleasant smile for every one and universally respected. His remains were escorted to the cemetery by the Butler Cornet Band of which he was a member. The war for the Union is over; the sound of the cannon, with the smoke of battle is borne from our hearing, and the blessings of peace have followed in its wake; our surviving veterans are once more with us, and the country renders them its gratitude and its homage. We meet them in all the highways and byways of life and can see in the glance of the eye and the firmness of the tread that which speaks of work well done; and the loyal people everywhere welcome them as the crowned heroes of the age. But while we all agree to honor and reward our living heroes, we must not forget that there are solemn duties we also owe the dead. Both duties belong equally to true patriotism; and an enlightened civilization will surely regard one as but the complement of the other. It may be that death is an everlasting sleep, and the grave the end of us all, but the instinct of humanity recoils from the doctrine, and with all right-thinking men, recollection of the dead, stand close to reverence for God. About one-fourth of a mile east of the court house square, in the town of Butler, Bates County, Missouri, near a small grove of timber, is a little cemetery. Among the graves here, half hidden by undergrowth and weeds, is a small paling fence, containing four mounds, on the head boards of which are inscribed the names of M. Meradeath, A. Foust, J. H. Bird, and J, Stone, Company H, First Iowa Cavalry, died May 17, 1862. On taking a stroll a few evenings since, our walk led us to this little grave yard. There we met an old soldier, leaning on the fence reading the inscriptions. He desired us to relate the story of the tragic deaths of those who were sleeping within. We rehearsed the facts as near as memory permitted. In the spring of 1862, the county of Bates was in a state of terror and confusion truly frightful, and overrun by hordes of marauders and bushwhackers, who held the lives and property of the people at their mercy. About the first of April of that year, one regiment of Union soldiers, the First Iowa Cavalry, under Colonel Fitz Henry Warren arrived, and were stationed at Butler. On the arrival of the troops, the bushwhackers, who previous to this, had undisputed possession of the county, retired to the dense thickets and brush on the different streams. The larger part, however, passed to an island in the Marais des Cygnes River, about eight or nine miles from the town of Butler. This island is about three miles long, and from one to a half mile wide. On the north side runs the river, and the south side is bounded by an impassable, deep, muddy slough. The interior is composed of impenetrable thickets and swamps, and in every way adapted to shield and protect desperadoes. The main force, headed by one Bill Turman, a cunning, crafty man, who by his intimate knowledge of the country, defied the efforts of the Union scouts to overhaul him -- rendezvoused and formed a kind of headquarters on the island, for all the bushwhackers in the county. Those who had taken up their temporary abode in this gloomy haunt, were fed and harbored by the people of the surrounding neighborhood, which was thickly settled. Captain Turman, in the meantime, said the United States soldiers could stay at Butler, if they choose, but if they came across the Miami River, to haul away the corn of the farmers, he would kill as many of them as he could; at least they would find him no idle spectator of the proceeding. From the time the Union troops came to Butler to the middle of May, the county was comparatively quiet. The county court had resumed its business, the post office had been re-established, and business generally had revived. The bushwhackers had apparently left the country. Thus matters stood when the quartermaster at Butler received information that there was a large pen full of corn at Oliver Elwick's, seven miles distant, west. On the 17th of May he sent a small detachment and two wagons for the corn, and the wagons were loaded and returned. This news was reported to Turman. The consequence was a general assembling at William Strains', who resided near by the rendezvous, with a view to ascertaining "what should be done with the d--d Federals for hauling away our corn." Here Turnam spoke to his clan -- men and boys -- whom he knew would not hesitate to carry out any measure he might suggest, and told them they could waylay and kill the foraging parties of Federal soldiers, but he was afraid the Federal soldiers would in return burn and lay waste the homes and property of their friends. They were, it seems, in doubt as to what they should do. When this had been said Strains rose and said if they were willing to risk their lives in killing the Feds he was willing to lose his property, and he could also answer for the rest of his friends. This speech removed the difficulty. They immediately made their arrangements, reloaded their guns and pistols, marched before day and concealed themselves in the thick undergrowth of buckeyes at the Miami ford on the main road, where they knew the foraging party would pass next morning. About one mile from the ford and three miles from Butler stood an old house on very high ground. From this place an observer could see a man on horseback or a wagon leave the town. To this house Turman sent a mounted spy to see when the wagons would start and report immediately. In due course of time they were seen to leave the town, and that fact was known to Turman. It was a beautiful sun shiny morning, this 18th day of May, when two wagons, each drawn by four mules with a soldier driving, and one man in each wagon, and the party numbering in all five men conducted by a sergeant on horseback, neared the stream. The sergeant had gone ahead of the wagons about a hundred yards or more into the heavy timber. The foremost wagon had been driven into the stream; the mules had drank and proceeded half way up the bank when the other wagon was driven into the stream and lowered their heads to drink. This was an awful moment to the unsuspecting soldiers. All at once a volley was fired from the adjacent brush, -not more than twenty feet distant. The foremost driver was pierced with several bullets. He was able to dismount and started to run but only got a few feet and fell on his face dead. Lucky for the man in the wagon (a Mr. Bomgardner) who was not seen by the bushwhackers, the mules, at the discharge of the firearms, naturally swung around to the right and drew the wagon after them, so that the rear end was turned toward the bushwhackers. Bomgardner taking advantage of the circumstances leaped from the wagon, plunged into the brush and made his escape unharmed. The two men belonging to the second wagon were both riddled with bullets and killed. One fell from his mule into the stream, the other into the bed of the wagon. The sergeant, hearing the firing, suspected the cause and rode back in a gallop, to find three of his comrades dead. He found the road full of armed men, and attempted to make his escape by firing his pistol among them and plunging into the creek; but when he had reached the opposite bank, one of the bushwhackers, who had only discharged one barrel of his shotgun, fired the other barrel at the sergeant, hitting him in the arms and neck, but not wounding him mortally The sergeant succeeded in getting to the house of G. W. Pierce, distant half a mile, and afterwards recovered. Some of the mules were so badly wounded that they died. A scout of one hundred men arrived at the spot soon after, but the assassins had fled and taken refuge in the thick swamps of the Marais des Cygnes bottom. The names of the assaulting parties were Bill Turman, Tom Cantrall, Bud Cantrall, Doc Carpenter, Doc Pierce, Tom Ramey, Nick Ashley, Jim Payne and John Toothman. Five of these men are dead. The two Cantralls and Doc Carpenter were afterwards killed near the island by a party of troops from Kansas. Tom Ramey was killed in Texas. Nute Ashley fell at the battle of Lone Jack, in this state. The other four, probably, are yet at large. The facts above narrated are substantially true. They were given by Strains on his death bed a few months after the occurrence. He was taken sick, and when satisfied he would die, sent for a neighboring preacher, to whom he told the story. He asked the preacher if he thought it murder. On being answered in the affirmative he said, "then I am lost," and requested the preacher to pray for him. He expired soon after. The dead soldiers were conveyed to Butler, and on the following day buried with military honors by the regiment. One of the soldiers buried within that small enclosure (J. Stone) was wounded a few days before in a skirmish, and died on the 16th of May. He was interred at the same time, and with these victims of Miami Ford. The heroes that fell at the memorable battlefields of Gettysburg, Antietam, Shiloh, Stone River, Chickamauga, and those in and about Washington, have mostly been gathered and buried in national cemeteries, and why may not these humble soldiers who fell at Miami Ford receive the same care? But they probably will rest here till the last trumpet shall wake them to final judgment. Here in this obscure place no sound disturbs their quiet, save the wail of the whippoorwill, as it sings its requiem at summer twilight over their graves. About noon on Tuesday August 1, 1882, John L. Stanley, Esq., while under the influence of intoxicating liquor, fired his pistol off in Mr. Hart's store. At about two o'clock information was filed by the city attorney and a warrant was sworn out for his arrest. This was signed by the mayor, and Stanley was arrested between two and three o'clock by Marshal Morgan and lodged in the calaboose. About six o'clock in the evening, while Mr, Lefker, the mayor, was at the depot, Hubbert Warnick, Captain Stanley's half-brother, came out for him and said that Stanley was not drunk, and if the mayor would let him out he would see that he went directly home. Mr. Lefker came on to town and was met by Edward Swift, who said that if Stanley would promise to go home he (Swift) and George Todd would go on his bond. In company with Marshal Morgan, Night Watchman Aleshire and several others the mayor went to the calaboose, when Stanley demanded a trial. He was taken to the mayor's office, when he asked for a continuance of the case until the next morning at nine o'clock, which was granted, Stanley giving bond in the sum of $200 for his appearance. Later in the evening Morgan was in Mr. Rafter's grocery store, discussing the propriety of releasing Captain Stanley. Morgan got up and went to the door, where Doc McBride was already standing. Doc says he saw Stanley coming down the street and spoke to Morgan of the fact, who was looking at a paper he held in his hand. Stanley came on down the street, and when just in front of Hough's saloon spied the marshal, and turning half around, put his hand in his hip pocket. Doc drew back and spoke to the marshal, and at the same time felt a shock in the shoulder, the ball from Stanley's pistol going entirely through the jam, against which he was leaning, and lodged in the opposite side of the door. Morgan drew his pistol and fired, apparently without effect. Two more shots were fired in rapid succession, when Stanley fell forward on his face, Stanley's second shot taking effect in the side of the show window. He was lifted up and taken into Hough's saloon, and Dr. J. W. Steward was called in. After a hasty examination it was discovered that the ball had entered the right groin, and the doctor advised his removal to his home before probing farther for the ball. Marshal Morgan gave himself up and went before Justice Cannon and gave bond for his appearance at the preliminary trial, to be held Friday. While not drinking, Capt. Stanley was a courteous, clever gentleman and prominent lawyer, but when under the influence of liquor he was considered a dangerous character, and few men were daring enough to brave his anger. He had an estimable wife and interesting family, to whom this was a great shock, and they had the sympathy of the entire community. The following is a report of Dr. J. W. Steward, of Lucas, Cass County, couched in our own language rather than in the technical phraseology of the Doctor: The ball entered the right groin, striking the ilium on the crest, passing down the crest about three inches, then meeting with curve in ilium the ball was thrown obliquely upwards and through the cavity of the abdomen and lodged in the left side, severing in its course some large blood vessels, causing considerable internal hemorrhage. The danger is from secondary hemorrhage, or inflammation of the peritoneum. Captain Stanley died Sunday August 6, 1882. Tuesday morning, September 7, 1882, about seven o'clock four prisoners confined in the county jail in Butler made a desperate attempt to regain their liberty, resulting in the mortal wounding and subsequent death of one of them, and failure of others to escape. The four prisoners occupied one of the upper cells, and by means of a thin piece of steel, obtained from one of the prisoner's boots, during Monday night had succeeded in severing the heavy hinges of the cell door opening into the corridor. The plan for escape was to seize the sheriff when he came to serve breakfast, secure the keys, lock him in the cell, and then the way would be clear for successful flight. The sheriff entered the corridor about seven o'clock a.m. for the purpose of inspecting the cells, to be sure that everything was right before serving breakfast, and as he opened the cell door, which had been tampered with, F. M. Reed and Phillips rushed forward and attempted to seize him. Notwithstanding the suddenness of the attack, Sheriff Simpson succeeded in eluding their grasp and drawing his revolver ordered the prisoners to halt. The prisoners evidently surprised by the agility, firmness and courage of the officer hesitated a moment, but the desire to regain their liberty, and escape the consequences of their crimes overcame their discretion, and although the officer stood with revolver in hand, they rushed toward him and Reed received a shot at short range. Immediately both prisoners retreated into the cell. The wounded man was placed upon his bed and Dr. O. F. Renick summoned. An examination of the wound revealed the fact that the bullet had entered the right side, passed through the bowels and lodged just under the skin on the left side just above the hip. Dr. Renick at once pronounced the wound mortal, and did everything possible to allay the fearful agony of the unfortunate man. At 1:30 p.m. the same day Reed expired, and the body was at once delivered by Sheriff Simpson to the coroner, who caused it to be interred Wednesday morning, at the expense of the county. Reed, who was a desperate criminal, was arrested in Joplin for horse stealing. His mother resided in Barton County, and Sheriff Simpson informed her by letter of the tragic death of her wayward son. On the afternoon of Sunday, February 27, 1869, a complaint was made against one William H. Simmons, a young man who had resided with his parents in the vicinity of Butler since the war. He was charged with stealing two horses from a Mr. Faber, who had lately moved to the county. A warrant was issued and placed in the hands of Sheriff Smith, who, with a posse of men, started immediately to the residence of Isaac H. Davis, about three miles south of Butler, where young Simmons was known to be. He was arrested by the sheriff, brought to town and lodged in jail overnight. On Monday morning his father and Davis went his bail for the sum of $500 for his appearance for trial on the following Wednesday, whereupon he was set at liberty. At about half-past 1 o'clock Tuesday morning following, a company of men, numbering some twenty or twenty-five, went to Davis' house and called for Tom Davis, a son of Isaac H. Davis. They were informed that he was not in the house. They then ordered that every man in the house should come out instantly, one at a time, with uplifted hands. Whereupon William H. Simmons, his brother, David I. Simmons, and Hiram Lee came out, as ordered. They then took the two Simmons boys and started up the creek. Lee and two women from Davis', hearing some firing in the direction they took, followed a short distance, but returned without ascertaining what was being done. The firing was heard by several of the neighbors, and on the following morning the alarm was given, and quite a number of men and women went in search of the missing men. They were found about 11 o'clock in the edge of the timber, some three hundred yards from the residence of Washington Elliott, hanging to a couple of trees, about one hundred feet apart. Soon after the bodies were found they were taken down, put into a wagon and taken to the residence of Mr. Elliott, where an inquest was held. The jury returned a.verdict that the two men came to their death by violence at the hands of men unknown to the jury. The bodies of the two men were then delivered to their parents, who removed them to their home, whence they were buried the following Thursday. On the tree near the body of the younger Simmons was found hanging a pair of navy revolvers, supposed to have been taken from his person, and near him, on the ground, was lying a slip of paper, upon which was written: "We hung them for horse thieves." Who the perpetrators were, neither Lee nor any member of the Davis household could tell, as the parties were disguised. The appearance of the body of the younger Simmons when cut down leads to the belief that he at least struggled for dear life. His clothing was stained with dirt, and the general appearance of the body seemed to indicate that he had been dragged over the ground to the place of execution. The parents of these unfortunate young men were old and highly respected citizens of the county, and had the sympathy of the community in their heart-breaking affliction. The scene at the fatal spot when the bodies were found would have moved a heart of granite. The aged couple, bowed down with years and grief, bending over the cold and rigid forms of their loved ones, was a sight which we do not desire to witness. |
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Bates County Missouri MOGenWeb |
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