tary post, notwithstanding the close of the war, being necessary on account of the vast military stores, troops were retained until late in September. September 4th, four companies of the Second Ohio Cavalry Regiment departed for Rolla, leaving but twenty men to perform guard duty. Some days afterward Captain Hillhouse returned with twenty more men, and remained in command until September 23d, when he was withdrawn, and Springfield had seen the last of armed occupation. His leaving was accompanied with many expressions of good will on the part of both citizens and the departing soldiers. Previously, May 18th, the Twelfth and Thirteenth Regiments of Missouri Militia, under Colonels Mullings and Hursh, respectively, were organized in Greene County to preserve the peace, and performed efficient service until the restoration of civil order. Under the National Guard establishment the Springfield Rifles were organized in 1881, under Captain George Townsend, and became Company C of the Fifth Regiment; about 1886 they were disbanded on account of failure of legislative appropriation. In 1890 Company F of the Second Regiment was organized under Capt. A. E. Findley. assigned to a Provisional Regiment which participated in the opening of the Columbian Exposition at Chicago in 1892, where it was commanded by First Lieutenant Ernest McAfee. It was subsequently disbanded. Two companies were formed for service in the Spanish-American War, and were assigned to the Second Regiment, National Guard of Missouri. Company K was commanded by Captain A. B. Diggins, and Company M by Captain Ernest C. McAfee. The regiment was encamped at Chickamauga Park, Tennessee; Lexington, Kentucky; and Albany, Georgia, and was disbanded after being mustered out of the service of the United States. It was afforded almost the only occasion for people coming together, and these gatherings inspired the lawyers to make the most of the generally petty cases with which they were. concerned. The first circuit court in the county was held August 12, 1833, by Judge Charles H. Allen, known as "Horse" Allen, on account of his uncouth demeanor and coarse language, even upon the bench. It is said that the appellation given him grew out of the following circumstance: When holding court an attorney disturbed the proceedings by engaging in a loud altercation with an uncouth lawyer. Judge Allen called him to order without avail. The sheriff being absent, the judge rose and exclaimed vehemently: "Sit down, sir, and keep your mouth shut." The lawyer obeyed, replying: "Well, as you are the judge of this court, I guess I will obey you this time." To which Judge Allen replied: "I'll let you know that I am not only judge of this court, but I'm a hoss besides, and if you don't obey me, I'll make you." In 1844 Judge Allen was the defeated independent candidate for Governor of Missouri against John C. Edwards, Democrat. The court officers at the first term held by Judge Allen were: Charles P. Bullock, clerk, and John D. Shannon, sheriff. Thomas J. Gevins and Littleberry Hendrick were admitted to practice. The first case was one brought by Manuel Carter, a free negro, which was dismissed upon his own motion. The grand jury indicted a number of free negroes and depraved white women for immorality, and some white men for gaming, upon whom were imposed fines and imprisonment. In 1835 C. D. Terrill was the first elected circuit clerk. In 1837 Judge Allen was succeeded by Judge Foster P. Wright, one of the most able and industrious of Missouri jurists. He was peculiar in his manner of expression, and wore old-time garb which attracted attention even in those primitive days. He was trial judge in a case of homicide brought against Charles S. Yancey, who succeeded him on the bench. Judge Yancey was a native of Kentucky. In early life he removed to Franklin County, Missouri, and shortly afterward to Springfield. In 1835 he became a county justice of Greene County, and in 1836 was chosen presiding justice. In the same year he was an actor in an unfortunate affair, wherein he was held blameless, and which worked no impairment of his fortune. In 1836-7 he was colonel of militia, and under orders from Governor Boggs, he moved against the Indians, who persisted in hunting in the vicinity and committing various depredations, and effected their removal to their own territory. In 1841 he was appointed circuit judge. While not a profound lawyer, he made an excellent judge, and stands well at the side of the jurists of his day. He died February 7, 1857; the death of his wife occurred a short time before, and they left no children. Judge Yancey was succeeded on the bench by William C Price. He was a native of Virginia, and came early in life to Greene County, Missouri, where he taught school and clerked in a general store, and became a lawyer. In 1840 he was made deputy sheriff, and the following year he was appointed a county justice to fill a vacancy; in 1847 he was elected State Senator, and resigned the position to accept appointment as circuit judge, to succeed Judge Yancey. In 1859 he was appointed by Governor Stewart to be swamp land commissioner for Missouri, and in that capacity succeeded in saving to the State several hundred thousand acres of land. In March, 1860, President Buchanan appointed him treasurer of the United States, to fill a vacancy, which position he held until he resigned, under the administration of President Lincoln. At the beginning of the Civil War he became a private in McBride's Brigade of General Price's Army, was captured in the battle of Pea Ridge, imprisoned for eight months at Alton, and was changed at Vicksburg. He was appointed by President Jefferson Davis to the position of assistant adjutant general in the Confederate Army, with the rank of major, and was assigned to duty in the recruiting service in Missouri. Fnancially ruined, he resigned in 1864, and carried on farming in Arkansas until 1867, when he removed to St. Louis, where he engaged in the practice of his profession. He removed to Springfield in 1869 and busied himself in the law, paying little attention to politics, and in 1898 removed to Chicago, where he was living in retirement in 1900. John R. Chenault, of Jasper County, was elected to the circuit bench in November, 1857, and shortly afterward Greene County was attached to the Fourteenth Judicial Circuit, in which Patrick H. Edwards was judge. At the beginning of ex the Civil War he left his office to engage with the Confederates. Governor Gamble appointed Littleberry Hendrick to the vacancy, with H. J. Lindenbower as prosecuting attorney. Judge Hendrick issued a temperate address, announcing the coming court opening and invoking the assistance of all good citizens. He opened court April 7, 1861, when Martin J. Hubble was appointed clerk, and Coroner Anthony Church served as sheriff. Attorneys who subscribed to the oath of loyalty and were admitted to practice were H. J. Lindenbower, Alfred Julian, James W. Mack, M. Cavanaugh and D. C. Dade. In 1862 business was dispatched in an orderly manner. January 10, 1863, Judge Hendrick died; he had been ill for some days, and his death was ascribed to excitement incident to the battle two days previous. He was a native of Kentucky, and one of the two first lawyers admitted to practice in the Greene County Circuit Court at its initial term in August, 1833. In early life he was an ardent Whig, and in 1848 he was the candidate of his party for Lieutenant Governor, and during the campaign edited the "Springfield Whig" newspaper, at the same time taking an active part in the canvass as a public speaker. He was an unconditional Union delegate in the State Convention of 1861, and afterward took an earnest part in advocacy of all measures for the suppression of the rebellion. He was an able jurist, a man of stern integrity and deep convictions of duty, and his personal character was such as to attract his fellows and command their confidence and esteem. He leít three sons, among whom was his namesake, a lawyer and judge, who died in Lawrence County. Judge Hendrick was succeeded by John C. Price, who opened court three days. after the death of the former named. He was a man of broad legal mind, and made an excellent record on the bench. Of large frame, he was rugged and uncouth, but was a man of much force of character, and was greatly respected. John S. Waddill was elected circuit judge at the succeeding election. During 1863-4 numerous suits were disposed of; in many the defendants were serving in the Confederate Army, against whom judgment was taken by default. Some cases were for misappropriation of property during military operations, or property taken by raiding parties. At a later day all prosecutions based upon such acts were barred by act of the General Assembly. Judge Waddill was born in East Tennessee. In 1835 he removed to Missouri and bought the Wilson farm, at the mouth of the creek of the same name. The following year he removed to Springfield, where he was admitted to the bar two years later. From that time he was regarded as one of the most capable of the southwest Missouri lawyers, and until nearly seventy-five years of age gave devoted attention to his profession, until nearly his closing years accomplishing great distances upon horseback to attend numerous and widely separated courts. It is believed that during his active life he rode farther in his practice than did any of his colleagues. In 1861 he was appointed by Governor Gamble as judge of the Eighteenth Judicial Circuit, and resigned the position the following year. In 1863 he was again appointed, by the same authority, as judge of the Fourteenth Judicial Circuit. At the conclusion of his term he was elected to the same office, and was removed by Governor Fletcher in 1865 under the conditions of the Drake Constitution. In 1867 he was appointed register of the land office at Springfield by President Johnson, but was removed by President Grant in 1868. He then practiced law until shortly before his death, September 13, 1880. Governor Fletcher appointed Sempronius H. Boyd to the vacancy created by the removal of Judge Waddill. Judge Boyd was conspicuous during the Civil War period. The other court appointments were Robert W. Fyan, prosecuting attorney, and R. A. C. Mack, clerk. In 1868 Fyan was elected circuit judge. He was a man of high attainments and great force of character. He occupied various conspicuous positions. Prior to the Civil War he was an elector on the Breckinridge presidential ticket. When war began he warmly espoused the Union cause, and entered the Twenty-fourth Regiment of Missouri Volunteer Infantry, rising to the rank of major, and commanding the regiment in several important campaigns and engagements. He was afterward colonel of the Forty-sixth Regiment, Missouri Volunteer Infantry. Previous to his election to the bench he was prosecuting attorney. In 1870 he became a Liberal Republican, and afterward a Democrat. He was twice elected to Con Vol. III-8 Infantry. gress, and died at Marshfield. Washington F. Geiger succeeded Judge Fyan, and was re-elected; he died in 1886, before the expiration of his last term. He was a well read lawyer, an excellent judge, and an exemplary citizen. He served in the Phelps Regiment of Home Guards, and afterward as colonel of the Eighth Regiment, Missouri Cavalry Volunteers. Previous to his election to the bench he was prosecuting attorney. James R. Vaughan was appointed to fill the unexpired term of Judge Geiger, and made an excellent record. He had previously served as county superintendent of schools; during the Civil War he was sergeant major of the Sixth Regiment, Missouri Cavalry Volunteers. At the ensuing election Walter D. Hubbard was elected circuit judge. He acquitted himself most creditably, and upon retirement from office devoted himself to his personal practice. He had served as a lieutenant in the Sixth Regiment, Missouri Cavalry Volunteers, and was afterward a captain and later a colonel in the veteran service; he served as aide-de-camp on the staff of General John B. Sanborn, when that officer was district commander at Springfield. James T. Neville succeeded him by election in 1892, and was re-elected in 1898. When the Civil War closed there were few lawyers in Missouri south and west of Springfield. In that city were many, including a considerable number fresh from the law schools. All found abundant employment, and their duties required frequent travel to considerable distances. Of the earlier lawyers there remained John S. Phelps, T. A. Sherwood, William C. Price, W. F. Geiger, John S. Waddill, S. H. Boyd, D. C. Dade, William Weaver, Robert W. Crawford, A. M. Julian and James Baker. Among the newcomers were John P. Ellis, Charles B. McAfee, Benjamin U. Massey, John O'Day, James R. Vaughan, O. H. Travis, J. C. Cravens, R. L. Goode, Charles W. Thrasher, Henry C. Young, James R. Waddill, James M. Patterson, J. T. White, J. P. McCammon, H. E. Howell, John A. Patterson, F. S. Heffernan, T. H. B. Lawrence, P. T. Simmons and E. A. Barbour. All were capable lawyers, and many of the number who attained distinction in official life or in notable cases are mentioned elsewhere in this work. The Criminal Court of Green County was created in 1890 by special act of the General Assembly; in criminal cases it has similar jurisdiction with circuit courts, including authority in habeas corpus and injunction proceedings. The first judge was Mordecai Oliver, appointed by Governor Francis. He was succeeded, in 1893, by James J. Gideon, and he by Charles B. McAfee, in 1897. Tragedies. Randolph Britt in a store in Springfield. The affair began in a friendly scuffle in an eating house, Britt being intoxicated at the time. The trial took place in Benton County, where the accused was convicted of manslaughter and sentenced to the penitentiary. He was afterward pardoned, and died in Greene County. In May, 1841, one Davis was shot and killed by John T. Shanks, both being intoxicated at the time. Shanks escaped from jail, and was never brought to trial. On October 24, 1861, John H. Stephens, a respectable and inoffensive citizen of Springfield, was killed at his own gate by a Union soldier. The Union troops had just entered the city, and Mr. Stephens was hastening home, when a trooper ordered him to halt. Disregarding the summons he was fired upon with fatal result, to the deep regret of the hasty soldier. May 21, 1862, Captain John R. Clark, of Colonel Powell Clayton's cavalry regiment, went to the house of a Mrs. Willis and demanded supper, which was refused. Clark and a companion, both intoxicated, drew pistols upon the guards stationed to protect the family and property, whereupon one of the guards fired, killing Clark instantly. Clark's companion, A. J. Rice, fired at the guard, missing him, and killing Mary, a daughter of Mrs. Willis. Another guard fired at Rice, inflicting a wound which resulted in death. In May, 1863, Will Fulbright, a Confederate soldier, came from Arkansas to visit relatives in the southeast part of the county. With a number of others he established a little camp, which was attacked by the Union militia, and Fulbright was killed in the course of the fight. In the spring of 1864 Joseph Cooper, a young man living near Cave Spring, was decoyed from his home by a party of Anderson's guerrillas, taken into Polk County, where he was killed, and his body savagely mutilated. October 5th James M. Thompson, an old resident, was murdered between Springfield and his home, some five miles south. He had sold cattle, and the crime was presumably committed for the purpose of robbery. There was strong suspicion as to the identity of the murderers, but General Sanborn, who investigated the case, could find no evidence upon which to base proceedings. February 28, 1867, James Simpson and Kindred Rose, both old citizens of Springfield, quarreled about war matters. In 1838 J. Renno was stabbed and killed by Rose struck Simpson on the head with a In 1836 John Roberts, a resident of Springfield, was brought before the County Court of Greene County on a charge of misdemeanor. Among those present was John P. Campbell, with whom Roberts was on bad terms. Roberts assailed him bitterly, and after being repeatedly commanded to keep good behavior by Presiding Judge Charles S. Yancey, replied: "I will say what I d-n please, in this court, or the high court of heaven, or hell." Judge Yancey imposed a fine of $20, which Roberts paid, making many threats against the judge. For a year following, upon frequent occasions, Roberts vilely insulted Judge Yancey, the latter making every endeavor to avoid his enemy, who was regarded as a dangerous character. Late in 1837 Roberts met Yancey on the public square, and toward him applied threatening language, at the same time making a motion as if to draw a knife, a weapon which he had used on previous occasions. Yancey fired a pistol at his assailant, and another weapon, which he was about to discharge, was struck aside by Littleberry Hendrick, who was at Yancey's side, the ball going wide of its mark. At the same moment Roberts pressed his hand to his breast, exclaiming: "Don't shoot again; I am a dead. man now," and fell. His death occurred the next day. In December, 1838, Yancey was indicted for manslaughter, and was held in bonds of $2,000 to appear for trial, a number of leading citizens becoming his bondsmen. In April, 1839, Yancey was put upon trial, Judge Foster P. Wright on the bench. The trial occupied nearly two days, and the jury rendered a verdict of acquittal after but a few minutes' consideration. It was shown at the trial that Yancey acted strictly in self-defense, while Roberts was a dangerous man when in his cups. It also appeared that at the time of his death Roberts was under indictment for an assault, with intent to kill, upon another person. bar of iron and death ensued. Rose was acquitted on the ground of self-defense. May 24th of the same year Judge H. C. Christian was shot and killed by one or two unknown men in his place of business. They were pursued, and one, Jacob Thompson, was captured next day and placed in jail. June 21st he made his escape, was pursued, and overtaken at a blacksmith shop in Texas County. He mounted his horse, when he was fired upon, and shot in the thigh and shoulder, was recaptured and replaced in jail in Springfield. October 24th he again made his escape, and, as reported, was afterward hung in Texas for the commission of a murder there. Judge Christian had come from Texas, where he served as a provost marshal during the war, and his assassination was supposed to have been accomplished in revenge for some act of his while acting in that capacity. January 24, 1871, Judge Harrison J. Lindenbower was shot and killed in Springfield by William Cannefax. Cannefax committed the crime in a frenzy growing out of a conviction that Lindenbower had become possessed of some real estate to which he considered himself entitled. The Greene County bar, presided over by Colonel John S. Phelps, adopted resolutions denouncing the killing as a base murder, and extolling the deceased as an honorable lawyer and estimable citizen. Cannefax was indicted for murder, escaped from jail at Springfield, returned and was rearrested in 1874; on trial he pleaded guilty to the charge of murder in the second degree, and was sentenced to the penitentiary for life. F. Y. HEDley. Greene County Court, Nullification Order of.-The Tenth General Assembly of Missouri, in an act concerning groceries, enacted that "county courts may exempt their county from the operation of this act, by an order directing that the same shall not extend to or be in force in their county." At the November term, 1839, the County Court of Greene County made the following order: "Ordered by the court that the act concerning groceries, passed at the last session of the Legislature, be and the same is hereby repealed and of no effect in the county of Greene." The use of the word "repealed" in this order brought a great deal of ridicule upon the court, but their act was effective. Greene County Regulators.-Immediately after the Civil War there was great lawlessness in southern Missouri; horse stealings, robberies and burglaries were of almost daily occurrence, and murders were not rare. Civil law had not yet been fully re-established, and citizens banded themselves together for protection of person and property, many excesses growing out of it. Such an organization was formed in Greene County, with headquarters at Walnut Grove, and became popularly known as the "Regulators," but was self-designated as the "Honest Men's League." It numbered in its membership men who had served in the Union and Confederate Armies, and some who had seen such service were among its victims. In May, 1866, Greene B. Phillips, who had been a Captain in the Seventy-fourth Regiment of Missouri Enrolled Militia, and served gallantly in the defense of Springfield, came under the ban of this organization, charged with being a friend to evil-doers, if not their aider and abettor. May 23d, early in the morning, while in his barn two miles northwest of Cave Springs, preparing to feed his stock, his place was visited by three of the regulators. Protruding their revolvers through the cracks between the logs, they ordered him out. He was taken by the arm, one on each side, the third following behind, toward the timber in the rear of the premises. Being a very strong man, he broke the grasp of his captors and ran, but stumbled and fell. As he arose he was fired upon by two of the party and killed. May 26th, at Walnut Grove, John Bush and his son-in-law, Charles Corsuch, who had served in the State Militia, were taken out of a store to the woods a mile southwest of town and hanged. Their killing was ascribed to the fact that after the murder of Captain Phillips, they had denounced two men by name as being guilty of the crime, threatening them with vengeance. Somewhat later, the Regulators assisted Deputy Sheriff Isaac Jones in the arrest of seven men charged with stealing. Some of these were bailed out, whereupon a card was published, bearing the signature, "Regulators," stating that they had organized to assist in the enforcement of law, and to put down thieving; that this was to notify all persons entering into bail for persons accused of crime, that they were regarded as in sympathy with such, if not co-operators with them, |