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Bench, Bar, Crime, & Accidents

Horace Greeley once said that the only good use a lawyer could be put to was hanging, and a great many other people entertain the same opinion. There may be cause for condemning the course of certain practitioners of law, but the same may be said within the ranks of all other professions. Such men should not be criticised as lawyers, doctors, or the like, but rather as individuals who seek, through a profession that is quite as essential to the welfare of the body politic as the science of medicine is to that of the physical well being or theology to the protection of moral nature, to carry out their nefarious and dishonest designs, which are usually for the rapid accumulation of money, although at times for far more evil and sinister purposes, and which are the instincts of naturally depraved and vicious natures.  None of the professions stand alone in being thus afflicted. All suffer alike. The most holy and sacred offices have been prostituted to base uses. And it would be quite as unreasonable to hold the entire medical fraternity in contempt for the malpractice and quackery of some of its unscrupulous members, or the church with its thousands of sincere and noble teachers and followers, in derision for the hypocrisy and deceit of the few, who simply use it as a cloak to conceal the intentions of a rotten heart and a corrupt nature, as to saddle upon a profession as great as either the shortcomings of some of its individual members. By a wise ordination of Providence, law and order govern everything in the vast and complex system of the universe. Law is everything lawyers nothing. Law would still exist though every one of its professors and teachers should perish from the face of the earth. And should such a thing occur, and a new race spring up, the first instinctive desire of its best men would be to bring order out of chaos by the enactment and promulgation of wise and beneficial laws. Law in the abstract is as much a component part of our planet as are the In a concrete sense, as applied Indeed, so grand is the science and so noble elements, earth, air, fire and water. to the government of races, nations and people, it plays almost an equally important part. are the objects sought to be accomplished through it, that it has inspired some of the best and greatest men of ancient and modern times to an investigation and study of its principles; and in the long line of great names handed down to us from the dim and shadowy portals of the past, quite as manly great men will be found enrolled as members of the legal profession as in any of the others and owe their greatness to a sound knowledge of the principles of law, and a strict and impartial application of them. Draco, among the first and greatest of Athenian law-givers, was hailed as the deliverer of those people because of his enacting laws and enforcing them for the prevention of vice and crime, and looking to the protection of the masses from oppression and lawlessness. It is true that many of the penalties he attached to the violation of the law were severe, and even barbarous, but this severity proceeded from an honorable nature, with an earnest desire to improve the condition of his fellow-men. Triptolemus, his contemporary, proclaimed as laws: ", Honor your parents, worship the gods, hurt not animals." Solon, perhaps the wisest and greatest of them all, a man of remarkable purity of life and noble impulses, whose moral character was so great, and conviction as to the public good so strong, that he could and did refuse supreme and despotic power when thrust upon him, thus replied to the sneers of his friends: - 

Nor wisdom's plan, nor deep laid policy

Can Solon boast. For when its noble blessings

Heaven poured into his lap, he spurned them from him.

Where were his sense and spirit, when enclosed

He found the choicest prey, nor deigned to draw it?

Who to command fair Athens but one day

Would not himself, with all his race, have fallen

Contented on the morrow?

What is true of one nation or race in this particular is true of all, viz. : that the wisest and greatest of all law-makers and lawyers have always been pure and good men, perhaps the most notable exceptions being Justinian and Tribonianus. Their great learning and wisdom enabled them to rear as their everlasting monument the Pandects and Justinian Code, which, however, they sadly defaced by the immoralities and excesses of their private lives. Among the revered and The Bacons, father and son, who with Lord Burmodern nations will be found, conspicuous for their great services to their fellows, innumerable lawyers. To the Frenchman the mention of the names of Tronchet, Le Brun, Portalis, Roederer, and Thibaudeau excites a thrill of pride, of greatness and of gratitude for their goodness. What Englishman, or American either, but that takes just pride in the splendid reputation and character of the long line of England's loyal lawyer sons. Leigh, were selected by England's greatest queen to administer the affairs of state, and Sommers and Hard wicke, Cowper and Dunning, Elden, Blackstone, Coke, Stowell, and Curran, who with all the boldness of a giant and eloquence of Demosthenes, struck such vigorous blows against kingly tyranny and oppression; and Erskine and Mansfield and a score of others. These are the men who form the criterion by which the profession should be judged. And in our own country have we not names among the dead as sacred and among the living as dear? In the bright pages of the history of a country, founded for the sole benefit of the people, and all kinds of people, who, more than our lawyers, are recorded as assisting in its formation, preservation, and working for its perpetuity. The American will ever turn with special pride to the great Webster, Rufus Choate, William Wirt, Taney, Marshall, and a hundred others, who reflected the greatest honor upon the profession in our own country. And among the truest and best sons of Missouri are her lawyers, and even in the good old county of Monroe some of her most highly esteemed and most responsible citizens are members of this noble profession. The following sketches include only some of the earliest attorneys, who either presided on the bench or practiced at the bar of the Monroe circuit. For many of the facts and incidents herein related we are indebted to Judge Bay's Bench and Bar.

PRIESTLY H. McBRIDE

(The First Circuit Court Judge of Monroe County).

This gentleman was a judge of the Supreme Court of Missouri during 1845 and 1846. He was a native of Kentucky, and born, raised and educated near Harrodsburg. He received a good education, studied law in Kentucky, came to Missouri when quite young and located in Columbia, Boone county. On December 11, 1830, he was commissioned as judge of the second judicial circuit. On January 1, 1836, the Legislature adopted and passed a constitutional amendment, which, among other things, vacated all the judicial offices. Judge McBride, however, refused to give up his office, stating as a reason that the amendment had not passed by the requisite majority, and alleging also their irregularities. An information in the nature of a writ of quo warranto was taken against him, requiring him to show cause by what authority or commission he continued to exercise the duties of the office, etc. In answer to this the defendant pleaded his commission of December 11, 1830. To this plea a demurrer was filed and the question of the validity of the action of the general assembly was thus raised. The real point il the case was this: The amendment had been ratified by a vote of two-thirds of a quorum of the house, but not two-thirds of all the members, which the judge contended was necessary. The case went to the Supreme Court, where it was held that two thirds of a quorum was sufficient. This, of course, ousted Judge McBride from the office. The reader will find the case reported in 4th Missouri Reports, p. 303. The same legislature organized a new circuit composed of the counties of Marion, Lewis, Clark, Monroe, and probably Shelby, and Judge McBride was appointed to that circuit, where he remained until he was appointed judge of the Supreme Court in 1845. During part of his judicial service he resided in Paris, Monroe county. In politics he was an uncompromising Democrat, but took no active part in the political contests of the State while on the bench. In January, 1829, he was appointed by Gov. Miller secretary of State, and resigned in 1830, in order to accept the judgeship of the second judicial circuit. He was in no sense a brilliant man, though he made a fair judge.

DAVID TODD.

Few of the early judges of Missouri were better known than David Todd, who for many years presided over the most important circuit in the State. He was the oldest son of Gen. Levi Todd, of Kentucky. His mother was a Briggs, and niece to Gen. Benjamin Logan. David Todd received a liberal education, was well versed in Greek and Latin, and had some knowledge of French and Spanish. He was educated at Transylvania University in Lexington. He pursued his legal studies at the office of Judge Bibb, of Lexington, and was admitted to the bar of Kentucky in 1810. He served several terms in the Kentucky legislature with distinction, and when Missouri was admitted as a State, came over and located in Franklin, Howard county. He did not practice long before he was appointed judge of the Howard circuit. He presided at the first court held in Cole county on June 5, 1821. After a long and successful professional career he died in 1859 in Columbia, Boone county, which had been his place of residence for over 30 years. He was by no means a brilliant man, yet he possessed a vigorous, well balanced mind, and had a very clear comprehension of the principles of the law. He was, moreover, a man of kind heart and tender feelings, as the following incident related by his son well illustrates: " One day," said his son, " I was traveling in Texas, and stopped for dinner at a large farm house. As I dismounted a venerable-looking gentleman came out to receive me. We soon fell into conversation, during which I casually mentioned my name, when with some emotion he remarked that the best friend he had ever had was of the same name-Todd ' Judge David Todd. ' I told him that that was the name of my father. He seemed greatly excited--got up and shook me cordially by the hand and remarked that he was tried before my father for murder, and was indebted to him for his life. He then proceeded to relate the circumstances as follows: He said that some 40 years before he was residing in Missouri; that he attended a public gathering of the people in his neighborhood; that he was challenged by several young men to wrestle, and on every occasion was successful; that a general row took place, resulting in a murderous attack upon him; that in repelling the assault, he struck one of them with a club, producing his death; that he was arrested and indicted upon the charge of murder and tried before my father; that the trial produced intense excitement, his friends and enemies being present in full force. After the jury rendered a verdict of acquittal the court adjourned. All was tumult and excitement. In the midst of it the sheriff tapped him on the shoulder and whispered to him to slip away quietly from the crowd and go to the Judge's room in the hotel, as the Judge wanted to see him immediately. He obeyed the summons, and found the Judge in his room. That the Judge told him he had sent for him to let him know that his life was in imminent danger; that a plot was on hand to kill him, and that daylight must not find him in the county. He told the Judge that he had a horse, but very little money, and was poorly prepared to start on a long journey. Said he, ' your father took out his pocket-book and handed me all the money in it. He also gave me a paper upon which was marked the route to Louisiana and a letter of introduction to his (the Judge's) brother in the parish of Saint Landry. ' Said he, 'I left that night, followed your father's instructions, and have never been in Missouri since. ' Here the old man's utterance failed, and still holding me with a firm grasp he wept like a child. "

AUSTIN A. KING.

Missouri has been fortunate in the selection of her chief magistrates; for, with few exceptions, they were men of learning, ability and integrity. Such was Austin A. King, who was born in Sullivan county, Tennessee, on September 21, 1801. He received an ordinary English education, but after determining to-follow the law as a profession, took private lessons in Latin and Greek and became a fair scholar. His father was a farmer and Austin rendered him efficient aid in the cultivation of his farm, and by so doing acquired habits of industry and labor which proved very serviceable to him in after life. After reaching his majority he commenced the study of the law, which he pursued for several years with great diligence. Then he removed to Columbia, Boone county, Missouri, and commenced the practice. He had not long been a resident of Boone before he was elected to represent that county in the Legislature. In 1837, he removed to Ray county; was soon after appointed judge of the Fifth Judicial Circuit, which office he held until the people of the State, in 1848, elected him to the office of Governor. It was during his administration that the railroad system of the State, which has contributed so largely to our population and wealth, was inaugurated. At the expiration of his term of office he returned to the practice in Ray county. In 1860 he was selected to represent his district in the National Democratic Convention. When the dark cloud of Civil War rolled over the country he raised his voice in behalf of his government and was very bitter in his denunciation of secession. In 1862, he was selected by the Union party to represent his district in Congress, and voted for a vigorous prosecution of the war. This closed his public life, and he died while on a visit to St. Louis, in April, 1870, in his sixty-ninth year. Gov. King was a man of vigorous intellect, and rendered a faithful discharge of duty in every position to which he was called.

EZRA HUNT.

There is no position more difficult to fill, and which furnishes so large a field for dissatisfaction and complaint, as that of a nisi prius judge; and it is gratifying to be able to name one whose judicial administration was the subject of universal praise. Judge Ezra Hunt for many years presided over the circuit comprising the counties of Pike, Lincoln, St. Charles, Warren, Rails and Montgomery. He was born in Milford, Massachusetts, on April 7, 1790, and entered the freshman class at Harvard in 1812; became greatly distinguished in mathematics, which subject was assigned him at commencement when he graduated. Upon leaving college he was appointed precepter of Leicester Academy, a position which he held until the latter part of 1814, when he returned to Cambridge, with the intention of studying divinity, but was soon after persuaded to take charge of the academy in Pulaski, Tennessee. His health failing him there, he determined to cross the Mississippi, and reached St. Louis in 1819 or 1820, entered the law office of Judge William C. Carr, and while pursuing his studies became tutor to the judge's children; was in due time admitted to the practice of the law, and soon after settled in Louisiana, then the county seat of Pike county, where he remained about three years, when he removed to St. Charles. In 1831, he returned to Pike, and in 1836 was appointed judge of that circuit, the duties of which he discharged many years; then returned to the practice, and finally died in Troy, Lincoln county, in 1860, at the ripe age of 70 years. As a jurist, he was learned, just and true. He was not a man who would attempt to impress an audience with a sense of his own importance, for he was very unassuming, and cared nothing for office, except'so far as it enabled him to accomplish something for the public good. In 1845 he was in the convention called to revise the State constitution. Judge Hunt was noted for his illegible writing. A man named Gregory called upon him for his opinion in a land suit and the judge promised to write it out and send it to him; the opinion was sent, but neither Gregory nor any other person could read it. Gregory sometime afterwards asked the judge to read it to him, and after an examination of it the judge said, " Some d d fool has been trying to write, but failed." Gregory said, "Judge did you ever write to me about that case of mine?" The judge took the hint, got the cue and read it off easily, saying, " Anybody but a fool could read that." 

A. B. CHAMBERS.

Adam Black Chambers was born in Mercer, Mercer county, Pa., January 9, 1808, and received an academic education in that State. In 1830 he came to St. Louis, and after remaining there a few weeks moved to Bowling Green, in Pike county, where he completed his legal studies and was admitted to the bar. It was not long before he was appointed circuit attorney for the Pike circuit, and in that capacity exhibited talents of a high order. The fact that Mr. Chambers discharged the duties of the office with signal ability is the best evidence of his legal attainments. He was a fluent and logical speaker, never indulging in flowery declamation, and his good, practical sense paved the way to professional success. In July, 1837, he purchased an interest in the Missouri Republican and at once became its editor, which position he retained for 18 years. The marked ability with which that paper was edited during Mr. Chambers' life is too well known to need any comment. Under the editorial management of Mr. Hyde and the proprietorship of the Messrs. Knapp, the paper still maintains its supremacy as a Western journal. His fine business qualifications were frequently called into requisition and he became, at different times, connected with important corporations, in some of which he acted as president. He died in St. Louis, May 22, 1854, in the forty-seventh year of his age. He left a widow and three children -son and two daughters -also, two step-sons. His remains were placed in Bellefontaine Cemetery, a cemetery in which he had taken deep interest, and to the adornment of which he had largely contributed.

ALBERT G. HARRISON

was born in Mount Sterling, Kentucky, on June 26, 1800. At the age of 18 he entered the junior class of the academical department of Transylvania University, and in 1820 took the degree of Bachelor of Arts. He made himself familiar with the French and Spanish languages, which proved very advantageous to him in the prosecution of his profession. After completing his course in college he entered the law department of the same university, and in 1821, obtained the degree of Bachelor of Laws, and entered upon the practice of the law in Mount Sterling. In 1827 he removed to Callaway county, Missouri, and settled in Fulton. In 1828 President Jackson appointed him one of the visitors to attend the annual examination at West Point. In 1829 he was appointed one of the commissioners to adjust the land titles growing out of Spanish grants; and, after holding the office a few years, resigned and became a candidate for Congress, and was elected for two successive terms, but died in 1838, before the expiration of his last term. With his fine education, popular manners, and decided ability, he bid fair to become one of the most prominent men of the West; but death, which too often seeks a shining mark, cut him off in the prime of life. As a member of Congress he was devoted to the interests of his constituents. Mr. Harrison was well read in his profession, but embarked too early in political life to distinguish himself as a lawyer, though it is said by his contemporaries that he evinced much skill in the trial of a cause, and by his pleasant, insinuating manner, won the confidence and good will of a jury. He was a man of fine personal appearance, very attractive in his manner, and possessed rare conversational powers, which made him popular with the people and gave him a passport to public favor. In his social relations he was affable and generous to a fault, and when thrown among strangers made friends rapidly.

JOHN ANDERSON.

This gentleman was one of the earliest lawyers at the Palmyra bar. He was a Kentuckian by birth and received a good academic education. He emigrated to Missouri about 1830 and settled at Palmyra, and died about five years afterwards. Though his professional career was short, he acquired considerable reputation as an orator, which soon brought him a good practice. He was well read in law, having acquired his legal education in the Transylvania Law School, at Lexington. There are a few persons still living in North-east Missouri who recollect him as a man of fine personal appearance, with winning and agreeable manners.. He was very successful as an advocate, and was generally employed in cases where the battle was to be fought before a jury. We have not learned that he ever held any official position. It is to be regretted that so little is known of one who bid fair to obtain professional distinction.

JAMES R. ABERNATHY.

Mr. Abernathy was born in Lunenberg county, Va., February 25, 1795. He was the son of Blackstone and Elizabeth Abernathy. He came to Missouri in 1817 and settled in Monroe county in 1831. He has had somewhat of a chequered life, about 53 years of which have been spent in Paris. He was one of the earliest attorneys to practice law in Monroe county, and during the early years of his residence in Paris he was prosecuting attorney for this judicial district, his field of labor extending over twelve counties. He has also filled the positions of justice of the peace, county and circuit clerk, besides many other places of trust in Monroe county. He was editor of the Paris Mercury from 1844 to 1848. He was present at the organization of the Christian Church, which occurred in 1833. He and six others were the constituent members, and he alone is now the only living survivor of that little band of worshipers. 

The following story is related of Mr. Abernathy: He was a school teacher, and while he was conducting his school, never dreaming of the dull principles inculcated by Coke and Blackstone, some one of his patrons - perhaps the host with whom he boarded - had a bee-gum taken from him rather unceremoniously. He was in trouble, and in his extremity applied to "Abbey," as he was familiarly called. He took the statutes and turned to the index and looked first for "beegums." Seeing nothing, he turned to "' bees," and being still unsuccessful he next looked for "honey," but his search was a vain one; and thus mocked by everything, but being a man of resolution, he began to turn leaf by leaf and page after page. He had not proceeded far until he came to " forcible entry and detainer." "Ah!" said he, "I have it," and he instituted an action for forcible entry and detainer for the bee-gum. This was his first case in court, from which he afterwards branched out, and he was so well pleased with his success that he read law and applied for a license. His case was referred for examination to Judge Jack Gordon. It is said Mr. Gordon, who was himself a fine lawyer, though a little eccentric, only asked him if he could sing and dance, and these questions being satisfactorily answered, he was ready to report. He presented himself at the bar and the judge asked him if he were ready to report. His answer was that Mr. Abernathy did not know much of the common law, but was h--ll on the statute, and he recommended that the court grant him a license. Mr. Abernathy possesses a kind, genial disposition and is fond of a good joke or story, and relishes them with the same hearty zest that he did 60 years ago. Notwithstanding his great age, having nearly reached his ninetieth mile-stone in the journey of life, he has a remarkably tenacious memory, and can recite early incidents and facts with all the apparent ease, as though they had occurred but yesterday. He can also give the names of the earliest pioneers of the county with great accuracy, not forgetting even Christian names. He is still physically strong for one of his age. He has been one of the fixtures of Paris and Monroe county for more than half a century, and is doubtless more widely known in this region of country than any of the pioneers. The old man, whose sands of life have nearly run, who has been so long seen upon the streets of Paris, as he walks along with a quick and short step, will long be remembered by the boys of the town, with whom he has so often traded knives, and by the men, whom he so often entertained with his store of anecdotes and incidents of early times.

PRESENT MEMBERS OF THE BAR.

Theo. Brace, circuit judge; Thomas P. Bashaw, R. N. Bodine, T. B. Robinson, A. M. Alexander, member of Congress; J. H. Rodes, county attorney; T. T. Rodes, Hugh E. McGee, R. A. Bodine, Ellis D. Gore, Theo. S. Shaw, Joseph T. Sanford, public administrator; D. R. Davenport, D. G. Davenport, J. C. Peirsol, W. W. Longmire, J. T. Lighter.

CRIMES AND ACCIDENTS.

There has been but one legal execution in Monroe county. As a community the people are as law abiding as the people of any other county in the State. Yet there have been crimes committed within her borders, a full and complete history of which would occupy too much space in our book for record. We have, therefore, recorded only a few of the most prominent of these, believing that a perusal of the same will be of interest to the reader. Thomas Blue, colored, alias Dick Dooley, was tried at the May term of the circuit court, 1867, and found guilty of murder in the first degree for killing William Vandeventer, a white man, and was hanged June 21, 1867, just north of Paris. The following men composed the jury: William Dunnaway, George F. Palmer, Moses Noel, J. M. Brooks, Henry Evans, George Ridings, William Foster, George J. Pinnell, T. T. Rodes, Nathaniel W. Duncan, Joseph L. Hill, William Bohon, George F. Palmer, foreman.

MISS JENNIE SEARCY KILLED BY A TRAIN OF CARS.

On Monday, December 6, 1875, Miss Jennie Searcy was run over and killed by the cars. We copy from the Appeal:- Stoutsville was the scene of a most distressing and heart-rending accident on last Monday morning. Miss Jennie Searcy, a young lady of 16, and a boy by the name of Elliott were going from Elliottsville to Stoutsville, and were walking upon the railroad track about a mile and a half from Stoutsville, when engine No. 35 came along and overtook them ; the engineer, Mr. Donald, invited them to get on and ride to the station, which they did. He stopped for them to get off and they alighted and started to cross the railroad track immediately behind the engine, thinking it was going to move on. At the same instant, the engineer reversed the engine and started back, knocking down the young lady, who uttered one scream, and the wheels of the engine passed over her body leaving it a mangled, mutilated, lifeless corpse. The engine also struck the boy but he managed to escape unhurt. The girl was a daughter of Mrs. Searcy, a widow who resides in Elliottsville, and was much esteemed by all who knew her. No blame was attached to the engineer, as they (the girl and boy) were so near the engine when attempting to cross that he could not see them.

W. T. JOHNSON.

A committee of citizens near Middle Grove was preparing to hold a picnic on September 18, 1876, and a difficulty originated over the letting of a booth or stand for selling refreshments. Another committee of arrangements met at the drug store of Nave & Johnson. Mr. Thomas H. Hocker came into the room and after conversing upon some other subject relating to the picnic, said he wished to put in a bid on the booth. Mr. W. T. Johnson, being one of the committee, rather objected to Mr. Hocker putting in a bid on the booth, and remarked he expected to occupy the booth himself, and was willing to leave the price of the booth to the committee. Some angry words passed between the parties, which resulted in Johnson's ordering Hocker out of the store, and shortly after caught hold of Hocker to enforce his order, and led or pushed him out on the platform in front of the store. As soon as Johnson released Hocker, the latter rushed upon Johnson and stabbed him near the left of the left lung, it is supposed with a small pocket knife, severing the sub-clavian artery. Friends interfered, and Mr. Johnson went back into his store and in a few moments expired. Mr. Hocker was promptly arrested. Shortly He was  after his arrest he expressed a desire to see his mother. Accompanied to his residence by a guard, and it was thought he passed on immediately through the house and out the back door and made his escape, leaving the guard in front of the house. Mr. Hocker was raised in this county. Mr. Johnson was from Boone Hocker was tried and acquitted, and now resides in Texas county.  

JEPTHA HEATHMAN.

Dan Hendricks shot and killed Jeptha Heathmtan on the 11th day of December, 1877. On the morning of the 11th, Mr. Hendricks drove over to Mr. Heathman's in a two-horse wagon, taking with him two hands. The hands and the wagon were left standing in the road. Mr. Hendricks got over into Mr. Heathman's corn field and went to where Mr. Heathman and two little boys were gathering corn. After the wagon was loaded the two boys went with it to the house, leaving the two men alone. What occurred after that no one knows but Mr. Hendricks, for when the boys returned to the field they found their father in the agonies of death -too far gone to speak to or recognize them. Mr. Hendricks says after the boys left he and Mr. Heathman attempted to have a settlement, when Heathman disputed the account and in an angry and threatening manner began to roll up his sleeves. Hot words passed between the parties and Mr. Hendricks says Mr. Heathman assaulted him with his pocket knife. Then he drew his revolver--a small five shooter, and shot Mr. Heathman, the ball entering Heathman's left breast, about two inches above and to the right of the heart. The two men then grappled and during the scuffle Mr. Hendricks again discharged his revolver, the shot this time missing. During the scuffle Mr. Heathman received two cuts on the back of the head, which appeared to have been made with the hammer of a revolver. It appears after the affrav Mr. Heathman attempted to go to his own home, but fell and expired about eighty yards from where the difficulty occurred. Hendricks surrendered himself to the constable. Hendricks was finally acquitted .

GEORGE STAYTON KILLED BY HIS BROTHER.

At half-past one o'clock on the morning of the 24th of December, 1882, at the dwelling place of widow Stayton, two miles south-east of Clapper Station, a fratricidal homicide occurred, seldom equaled either by brutality or fiendishness, in the annals of crime. The family in question consisted of the widow, her daughter Miss Mary, and two sons - James and George W. - the latter recently married to Margaret M. nee McLeod. The night of the tragedy they sat up until a late hour, engaged in social converse, nothing occurring either by word or action to irritate the mind or create unpleasant feelings. At the hour above mentioned, when all were wrapped in sleep (except the murderer), George's wife was startled from her slumber by a loud report, which she could not under the circumstances well define, whether it was the report of a pistol, the slamming of a door or a crash of falling timbers. She immediately attempted to arouse her husband to ascertain the cause of the noise, but all her efforts to effect this object failed -he neither by word, sign or motion made any response. She then screamed for help to the balance of the family who slept up stairs. In the meantime she looked across the room and by the feeble light she saw James Stayton standing on the floor, in his night clothes. She asked him what he was doing and he answered nothing. She asked him if he had shot George, and he answered - I haye not; what is the matter with George; had I not better go and get a doctor." " Yes, go she said. immediately," He then proceeded to light a lamp, went up stairs, dressed himself and then went to the stable got a horse and fled to parts unknown. All this occupied but a few moments. The female portion of the family were in the meantime applying remedies to restore vitality to a dead man, thinking he  was attacked by a congestive chill in consequence of his previous sickness of ten days. Some time had elapsed in their vain efforts in this direction ere the fatal wound was discovered. It was produced by a 32 caliber ball which entered about an inch back of the right ear, ranged upwards and lodged in the brain. Only a few drops of blood exuded from the wound, on the pillow, which were covered by the position of the head. This settled the matter of the cause of death. The nearest neighbor was immediately apprised of the horrid deed. The news spread rapidly and a force collected who made arrangements to pursue and arrest the murderer. A warrant was issued by 'Squire Fields and placed in the hands of the leader, Robert F. Parsons, who, with a few determined men, struck his trail. All these arrangements, however, required time, which gave the offender some four or five hours the start. The pursuing party arriving at Stoutsville, telegraphed to the Paris authorities that if James Stayton put in an there to take charge of him. Shortly after the receipt of appearance the telegram Officer Thalus Hocker of that place arrested Stayton near the Glenn House. Stayton had a pistol cocked in his pocket, but did not resist and was lodged in jail. It appears that his object was to catch a train and make his escape. When within a few miles of Paris he turned his horse loose and walked into the town. In justice it must be said that the unfortunate offender had for some years manifested at times strong evidences of insanity, resulting from an injury sustained by being thrown from his horse, which was subsequently intensified by a sun-stroke. He was declared to be insane and sent to the insane asylum, where he now is.

ROBERT CUMMINGS.

May 31, 1883, Robert Cummings was killed in Madison, Monroe county, by Clifton Wade. Several parties were at Madison on the day of the occurrence, drinking freely, among them Robert Cummings, but Cummings had not created any particular disturbance. Clifton Wade had also been drinking. Prior to this - two or three months previously-- Cummings and Wade had a fight, the latter getting the better of his antagonist. Last Saturday they both appeared to be prepared for war, and got into a difficulty. Wade struck Cummings on the back of the head with a weight, and as Cummings turned round, Wade shot him in the forehead. He lived until about one o'clock Sunday morning. 'No inquest was held on Cumming's body, and no special effort made to arrest Wade, by the people of Madison. Sheriff Jackson sent his deputies on Sunday, but when they arrived, Wade could not be found. Four hundred dollars were offered for Wade's arrest, but he has never been found 

WILLIAM ROUSE KILLED BY AN UNKNOWN PARTY.

[From the Monroe City News of March 1, 1883.]

There was considerable excitement aroused in our city last Sunday, a little after one o'clock, when Al. Adams came riding in from the south, with the intelligence that he had found a man lying dead in the road, near a vacant house on John 0. Wood's farm, about a mile and three-quarters south-east of town. A number of men and boys at once procured horses and started for the place, accompanied by 'Squire T. J. Griffith. When they arrived at the spot where the dead man laid, an investigation disclosed the fact that the dead man was J. W. Rouse, better known as " Billy," or " Little Will Rouse," a nephew of John W. Rouse, the merchant. 'Squire Griffith, acting as coroner, at once impaneled a jury consisting of W. P. Bush, J. A. Peirsol, J. T. Umstadt, Frank Elliott, S. S. Hampton and Mr. Gibberson, who viewed the body and decided that death resulted from a gunshot wound. The body was then brought to town and laid out in Wilson's undertaking establishment, while the inquest was adjourned until Monday. A report having been brought in that a man had been seen with a gun near the place where the murder was committed, a number of our citizens armed themselves and went out after him. They hunted until dark, but found nothing and abandoned the search. Tracks had been found leading in the direction of the house where the body was found, and a colored boy named Frank Smith was arrested on suspicion, and held until sometime Monday when he was discharged, there being no evidence to show that he made the tracks. It was further proved he had been in town all the forenoon. The murdered man had been working for J. H. Sullivan, who lives a mile north of town, and had been since last October. He attended Sunday school at the Methodist Church Sunday morning, and after it closed (which was a few minutes before 11 o'clock) he went to his grandfather's in the south-west part of the town, where he remained about five minutes, leaving there about half past 11 o'clock, to visit his brother, Robert L., who lives three or four miles south-east of this place. He was riding a pony belonging to Mr. Sullivan. At Sunday-school in the morning, he took out his pocket-book and gave something when the contribution was collected. Some of those in the class with him say he had $2 or $3 in his purse. When the body was found, both purse and money were gone, showing that the murderer's object must have been robbery. When the body was found, it was lying in a fence corner, face downward, the hat, which was riddled with shot, a few feet away, and the pony standing in the road about fifty yards from the body. J. F. Elder, of Ralls county, was the first mall who saw the body. He was coming to town after a doctor, when he saw it lying there, but supposing the man to be drunk, and being in a hurry, did not stop. Soon afterwards, G. W. Gallaway and Al. Adams passed along the same road, going east, and noticed the body. Their first impression was, the man was drunk, and Mr. Adams called to him several times. Receiving no answer, Mr. Adams got off his horse and bent over the body, when he noticed blood on the back of the head. He took hold of the shoulder and found the man was dead. Adams then brought the news back to town while Mr. Gallaway rode on to Robert Cranston's and notified him and his brother William. The murdered man was a widower and leaves two children, who have been living with some of their relatives, since their mother died. He was of a quiet, retiring disposition and is not known to have had an enemy in the world. From the fact that he was robbed, it is believed that he was mistaken for some other person. This is only speculation, however, and the truth may never be known. One thing is certain, a cowardly murder has been committed and all hope that the perpetrator may be identified and awarded the full penalty of the law. The murdered man's remains were buried Tuesday at the Moss Chapel. Below, we give the main points of Dr. McNutt's testimony:- 

I found four shot-holes penetrating the brain, one entering the head, just under the left ear and ranging in the direction of the nose; eleven holes in his body and one through his right arm. From the course of the holes he was shot from the left side and from behind; one or two shot had struck his head and not entered his skull; several shot had discolored the skin of his body, but had not entered. I cut one shot from the back of his neck and it was pronounced by several parties as double 00 in size; some of the holes seemed to have been made with larger size shot, I think buckshot; I think any one of the five shot entering his brain would have killed him. As above stated, Frank Smith was arrested, tried and acquitted. No arrests have since been made, and the foul murder remains a mystery to this day. 

W. 0. CREASON KILLED.

The Appeal of July 24th says: -

It becomes our painful duty this week to chronicle the lamentable circumstances connected with the shooting of W. 0. Creason, one of the most deplorable and shocking affairs that has ever startled our community. Mr. Creason resided on Long Branch, some fifteen miles south-west of this place. He hired a couple of young men last spring to work for him, during the working season. When the harvest approached, they informed Creason that they desired to leave as they could get better wages by the day in the harvest field than they were getting by the month. Creason protested against their leaving him before their time was up; but they left, he owing one of them-Joseph Kribs a part of a month's wages, which he refused to pay unless Kribs would work his time out. There were some words between them when Kribs left. On last Monday evening, having armed himself with a revolver, Kribs returned to Creason's, called him out to the fence and told him he wanted him to settle, when Creason answered, he had not complied with his contract and that he had no settlement to make with him, whereupon Kribs flew into a passion, and commenced cursing Creason, who ordered him off his premises. Creason got over the fence as he ordered Kribs to leave, who was sitting upon his horse outside of the yard. Kribs fired upon him as he got upon the ground, the ball entering the right side, just under the arm and penetrating his breast, killing him instantly. After the shooting' Kribs left in a gallop. Wes. Johnson and Henry Johnson, two of the neighbors, came down and informed the sheriff of the terrible affair. Sheriff Pitts procutred a writ immediately from Esq. Armstrong, of this place, and in company with James Curtright and Thalus Hocker, repaired to the scene of the tragedy, and thence to the home of the young man in Audrain county where, having procured the assistance of several others, he surrounded the house and captured him about daylight on Tuesday morning. The Sheriff returned with the prisoner to Paris, and lodged him in jail. Kribs is a young man about twenty-two years, well made and muscular. William 0. Creason was one of the most promising and highly esteemed young men in the county. He was about 32 years of age. He was a soldier in the First Missouri Confederate Brigade, had fought upon many hard contested battle fields, and lost an arm at Corinth on the 4th day of October, 1863, while charging the breastworks. Coming back from the army without a dollar, he settled with his aged father and mother in this county, where he has been raising stock, and at the time of his death, was prominent among the large stockmen, being a member of the firm of McCann & Creason. Kribs was tried and sent to the penitentiary for 20 years, but after he had served about half his time was pardoned by Gov. Crittenden.