St. Clair County
Remnants Of The Past

History of Henry and St. Clair Counties, Missouri, 1883

Crimes and Casualty

One of those terrible crimes for which human nature can scarcely understand, and which causes a shudder of horror to pass through the frame, was the murder of James Hughes by the hands of Jacob Fleming. The following description of both the murderer and his victim is taken from the local paper:
The Victim
James Hughes, the deceased, was a cripple, ex-Union soldier, severely wounded in the battle of Stone River, and a hard working, quiet and inoffensive man. He came to this country from Ohio, where he leaves a wife and two children, whom he had made preparations to bring here at an early day. Ordinarily he was a sober man and not a frequenter of saloons; but on this occasion, yielding to some unknown influence, he entered the Arcade, and became somewhat under the influence of liquor, but not boisterous or quarrelsome.
The Murderer
Jacob Fleming, the murderer, though comparatively young in years, is a notorious desperado - one whose hands, we are told, have frequently been imbrued in the blood of fellow mortals. He developed into manhood during the late war, and entering the Missouri Militia, thirsting for revenge on account of real or imaginary wrongs, gave uncontrolled license to his passions in this direction, and numerous murders, house-burnings, etc., are attributed to his agency and the encouragement of others. On a former occasion he took the life of a man in Osceola, shot at another in Roscoe, and generally conducted himself in such a manner as to be a terror to all law-abiding citizens. He is a married man, and the father of two interesting children, happily too young at present to realize the depth of disgrace into which they have been plunged by their reckless father. His wife is said to be an estimable woman, and has made constant efforts to reform him, but to no purpose. There was serious talk of lynching him, but we are pleased to know that wise counsel prevailed, and those who were rash enough to engage in such an act dissuaded from their purpose. He is now in the hands of the law, and although he has succeeded in obtaining a change of venue from this county, which it was perfectly natural for his counsel to apply for, we feel assured he will have a fair and impartial trial, and justice done in the premises.
The belief of the editor was not carried out and Jacob Fleming suffered for his crime at the hands of Judge Lynch: The change of venue was probably the cause of this sudden action, for it was known only to the participators until the time for action had arrived as laid down in their programme.
The Inquest
The coroner's inquest on the body of James Hughes was as follows:
We find that the said James Hughes came to his death by two pistol shots, fired on the 17th day of June, 1871, by the hands of Jacob Fleming, on the evening of said day, in the saloon of John D. Anderson, in the town of Osceola.
The jury was Messrs. Dooley, Gardner, Prock, Hanks, Cole and Mitchell, and the coroner, Mr. Daniels. Twelve days after, on the night of June 29, 1871, a vigilant committee numbering nearly 100 men, rode up to jail and demanded the keys. Of course this was refused. The vigilants, however, came on business. They promptly forced the door with a heavy hammer brought for the purpose, proceeded quietly to the cell, which door they also broke down, and took out their prisoner. No words were spoken. All had been arranged beforehand, and the work was systematically carried out. With the prisoner in their possession, they took up their march for the old brick yard, and without words quickly strung him up. The prisoner was stoically silent, and took his fate bravely. He made no appeal, but went to his doom quietly, for he was wise enough to know he was then beyond human help. The vigilants surrounded the gallows and remained until one of their number stepped forward, examined the body and pronounced him dead. They then turned, sought their horses and retired. They were effectually disguised.

On June 24, 1875, J.L. Hicks, living in Osceola, was killed by the town marshal, John E. Cole. Hicks was on a drunken spree, disturbing the peace, and Cole undertook to quiet him, failing in which, he attempted to arrest him. This Hicks resented by striking Cole with a hickory stick. The marshal shot twice at him, and wounded him in the head and arm.
Hicks was then taken into a store, but a few minutes after he attacked Cole with a heavy chair, when Cole again shot him twice through the body, killing him. Hicks was a very powerful man and very desperate when drunk. Cole's action was sustained by the citizens.

The Killing of John D. Baucom
The killing of John D. Baucom occurred on the 19th day of July, 1875, near Johnson City, in Monegaw Township. He was shot by John Berry, who claimed that Baucom had broken up the peace of his family, and in a manner that only blood could atone. Before the coroner's jury the following evidence was taken on the day of the murder:
Mrs. Lucy Berry being duly sworn testifies, that she recognizes the body as that of John Baucom. I did not see John Berry shoot at John Baucom, I did not see Baucom pass when the gun was fired. I did not see John Berry take the gun out of the house. I heard the report of the gun, it being out of the house. I suppose he (Berry) had shot Baucom. John Berry was out of doors when the gun was fired, there being two shots fired. Berry came back in the house with the gun. L.J. Berry said for me to go to E.C. Berry's and stay. John Berry did not go to E.C. Berry's with me, he came afterwards; I don't know where he went. Lucy J. Berry.
E.C. Berry being duly sworn, testified: I recognize the body as that of John Baucom. I suppose John Berry shot him. He told me that he shot John Baucom. I did not know whether he hit Baucom or not, but suppose he did. It happened at John Berry's house. The last time I saw John Berry he was at my house. E.C. Berry.
Dr. J.W. Wheeler, W.W. Washburn and H. Lear, being sworn, testified: We recognized the body as that of John Baucom. We made the examination and found three wounds upon his body, one taking effect in the mouth, knocking out five teeth - four below and one above - also cutting the tip of his tongue; another shot taking effect upon the breast above the region of the left clavical; the third shot taking effect about two inches below and about the same distance in front of the axila, passing between the first and second ribs, and ranging upwards and backwards. We suppose it severed the artery. Dr. J.W. Wheeler, Dr. W.W. Washburn, Dr. H. Lear.
The following is the verdict of the coroner's jury:
We, the jury, being householders in Monegaw Township, in the county of St. Clair, and state of Missouri, summoned to view the dead body of John Baucom, find that he came to his death by a gun shot wound received at the hands of John Berry. J.B. Burr, Foreman, James McH. Ledbetter, Coroner.
This verdict required the arrest of John Berry, but he immediately fled the country, going in turn to Iowa, Minnesota, Illinois, Arkansas and Texas, finally going back to Illinois. The governor of Missouri offered a reward of $300 for his apprehension, to which was added $100 each by the father and wife of the deceased. These rewards were sufficient to place persons on the lookout, and in 1877 he was arrested in Illinois and brought back to this county and placed in jail to await trial.
The trial was docketed for the September term of the circuit court, in 1877, but the defense asked a continuance, and it was carried over to the March term, 1878. On the 7th of March the state and the defense being both ready for trial, the case was opened and the jury selected as follows: W.T. Anderson, William Wynkoop, William Gash, William E. Short, James P. Skillman, Thomas W. Wright, Samuel Culbertson, E.S. Knowles, James Anderson, G.L. Burch, Charles Wilkerson, H.M. Cotton.
The state at once opened the case with J.W. Silsby and E.J. Smith conducting the prosecution, while Nesbit & Ferguson, W.P. Sheldon and Waldo P. Johnson appeared for the defendant. Some twenty-five witnesses were examined, taking testimony occupying the court until Saturday noon.
On the opening of the court after dinner, Mr. Silsby opened in a sixty-minute speech, followed by Waldo P. Johnson for the defense. John C. Ferguson and F.C. Nesbit each spoke in turn, and the case was closed by E.J. Smith for the state. The ability of the lawyers in the case and the stubbornness of the defense had attracted a large number of citizens of the county, and the courtroom was crowded. Intense interest was felt in the case, and it was evident that the public leaned to the side of the accused. If a man could not defend the honor of his family when assailed without being given years of penal servitude, what could be expected of the law in any case? Such were the comments freely spoken outside of the courtroom.
The case was given to the jury about ten o'clock Saturday night, and after being out only half an hour, they returned with a verdict of not guilty.
Thus ended a trial that during its progress had created intense interest and which was generally regarded as a just verdict.

Scarcely had the excitement died out of the killing of John D. Baucom when the people of St. Clair were startled with the reported murder of Colonel Charles Sims and his wife, a wealthy and prominent citizen of the county, living about a mile from the celebrated Monegaw Springs. The rumor, unfortunately, proved true that Colonel Sims and his wife were dead, but the tragic affair was the result of jealousy, and Colonel Sims had first killed his wife and then deliberately killed himself. He was the victim of jealousy, which brought on at times temporary insanity. The local report as gathered was published as follows:
Death of Colonel Sims and Wife
Colonel Charles Sims, a prominent and wealthy citizen of this county, living about one mile from Monegaw Springs, shot his wife twice and then shot himself, on last Friday morning. The following particulars we have learned: Colonel Sims and his wife had some angry words on Thursday of last week, and again on Thursday night, which caused Mrs. Sims to leave the room in which Colonel Sims slept, and go into the room with the servant girl, where she slept that night. Early the next morning Colonel Sims went to the room in which his wife and the servant girl slept, and called to them to get up, which they did. When the girl left the room Mrs. Sims was putting on her shoes. When out milking near the house, the girl heard some loud talking and angry words, and then two pistol shots in quick succession. After the lapse of a few moments she heard the third shot. The hired man and the girl went at once to the house, where they found both lying on the floor dead. We also learn that Colonel Sims had been up the whole night, and wrote his will, dividing his property between different parties, leaving but a portion to his two children, daughters. Jealousy seems to have been the real cause of this terrible crime. Those who were acquainted with Mrs. Sims feel confident there were no grounds for the surmises of Colonel Sims.
The coroner's jury found nothing to controvert the above, and it seems to be the true solution of the terrible affair. Another report published was the same in substance. It reads:
Colonel Sims was a partner with Waldo P. Johnson in the Monegaw Springs, and it appears that he wanted to sell the same, but his wife refused to sign the papers. Lately he came in from the west, and was stopping with his wife at the Widow McBride's, near the springs. All along he had complained of a pain in his head, and it has been thought by some that he was partially deranged. Last Friday parties heard pistol shots near the house, and they went to the spot and found him and his wife dead. He first killed her, and then shot himself through the heart.
The affair took place on the morning of July 23, 1875, and will long be remembered by the citizens of the county, because of the tragic death and the high and prominent position of the parties in the social world.

There have been many other crimes and casualties. Marcellus Harris killed Dr. James Smith at Osceola, and it was said to have been a plain case of murder. He was cleared by the law, only to be waylaid and assassinated about a year after, 1861, not over one-fourth of a mile from the courthouse.

John McMahon killed Elisha Ellis, which, of course, he denied.

Then came the murderers, Smith, Park, Pierce and Gilbert, the three former who took passage across the "dark river" by the courtesy of Judge Lynch. There was some trouble about this, and Governor Phelps proposed to give Judge Lynch a specimen of his legal power, but it did not succeed very well. It, however, made the judge's representatives considerably excited, and they came resolutely to the front and stood up for their acts in the following specimen of lynch law literature, stating their position, and the why and the wherefore of Judge Lynch's proceedings. Here is the document in full:
Letter From the Moderators - Proceedings of the Hanging Affray
Osceola, Missouri, May 19, 1880
We, the moderators of St. Clair, have hung Smith, Parks and Pierce, and we wanted Gilbert, but Parks and Pierce said that Gilbert was gone off on trial. He was hid back in the corner, and they denied his being there until we got in about fifty steps of where we hung them, when Parks said, "boys I won't lie about it", and said that Gilbert was back in the jail in the corner of the cell. It was too late to go back and catch him, for he was out and gone. He was not seen by any of the crowd that night, for we wanted him as bad as we did the rest of them. The reason we shot Smith was because he had a knife and tried to fight, when they shot him, and he started to run, when they shot him with a gun. We expect it was a lucky thing for Tom Emerson that he was shot, for Smith would have tried him and maybe killed him and got away. We have understood that Smith's wife brought him a pair of trousers which had the knife concealed in them.
We have done the work and we did it for the benefit of the honest people of St. Clair County, that try to make an honest living for their families. Criminals can be tried by the law and a decision given, and then run at large after costing the county three or four thousand dollars, at the people's expense, and then the guilty go unpunished. We don't want to hurt or damage anybody only the ones that we think are guilty. Our unjust demands are more than we can stand without heaping an overload on us. This county has been imposed upon by a certain class of men, and they are mostly lawyers, and we are getting tired of it; the law is not any account and propose trying mob law. Moderators.

Perhaps the saddest case of all was that of F.J. France, which had been written up for this work in full, but the following comments and condensation of the case from the Osceola Sun of March 15, 1883, gives all that is necessary, and the unfortunate close. An attempt will be made to have him pardoned, and it is the wish of all those who know the man and the circumstances that the pardon may be granted. The Sun says:
We are sorry to say that the supreme court has approved the verdict of the lower court, and F.J. France is now an inmate of the Missouri Penitentiary. About five years ago France killed a young man by the name of Dickey for the alleged crime of seducing his (France's) wife. He was arrested and lodged in jail at Osceola, where he remained for nearly a year, and at the trial of his case in 1879 the jury found him guilty of murder and assessed his punishment at forty years in the penitentiary. An appeal was taken to the Supreme Court, and pending a hearing of the cause, France succeeded in giving bonds, and was a free man up to last Tuesday. Something out of the ordinary run of affairs was used to his disadvantage, and his troubles since that date have been enough to set a stronger man crazy.
In 1881 his wife filed divorce proceedings, and while her prayer was granted, so gallant a fight was made by his lawyers that he was made equal owner of his minor children - they spending the winter with their father and summer with their mother. In 1882 the grand jury found an indictment against him for the murder of a young man by the name of Johnson, several years since. Three other parties were also indicted for this latter murder, but France was hurried off to Jefferson City before the case had been tried. Concerning the former life of France the Sun knows nothing, but during the past four years he has been closely watched by us, and has governed himself in an honest, straightforward and gentlemanly way. Being always at work, ever ready to turn his hand to his trade (carpentering) or anything else that promised him a dollar, drinking nothing save water, he has endeavored to atone for his past acts, and we but voice the public sentiment when we wish that his trial had resulted otherwise.