THE QUADRUPLE MURDER. AN AUTHENTIC ACCOUNT OF THE FAMOUS Meeks Family murder THE TRIAL AND CONVICTION OF THE TAYLOR BROTHERS. CO P. Y. R. I. G. H. T. E. D. Any persons infringing on this copyright will be prosecuted. Prº LNTED BY THE GOOD WAY PUBLISHING Co., CHILLICOTHE, MO. –3– PREFACE AND INTRODUCTORY. In view of the universal interest manifested in the killing of the Mecks family near Browning, Mo., on May 11, 1894; one of the most atrocious crimes ever recorded in the annals of the history of any nation, we present for the consideration of the public the follow- ing complete and detailed history of the murder, and the apprehension, trial and conviction of its alleged per- petrators. In this work we will not give our opinion of the case, but will set fourth the facts as shown in the evidence produced at the trial together with a biograph- ical sketch of the famous Taylor Bros. who have just been convicted of this dastardly deed, and the judge, jurors and attorneys in the case. The work embraces every item of interest connected with this world-famous case, and contains within itself a record of the crime, unequaled by any work yet pro- duced. With this brief outline, we refer the reader to the book it-self. THE QUADRUPLE MURDER. “Please ma'am, wont you go and get my little sis- ters. They are out yonder in the meadow under the straw-stack.” Such were the words that greeted the ears of Mrs. Sallie Carter, who was visiting her son four and one- half miles south-east of Browning, Mo., on the memo- rable morning of the 11th day of May, 1894. Mrs. Carter was preparing the morning work when interrupted by this pitiful appeal for her assistance, and turning she beheld, standing in the dim morning light, a little girl, some seven or eight years old, whose face was covered with dirt, straw, and blood and whose ap- pearance in general was pitiful to behold. In one hand she carried a small cap while in the other was a little red hood, the properties of her dead sisters who were at that time lying under the straw-pile out in the mead- OW. Doubting some-what, the sanity of the child (for across her head was a great gash from which the blood was flowing)Mrs. Carter sent her little nephew, Jimmie, who was present, to ascertain if possible the cause of the childs condition, and see if there was really any one under the straw stack. Instead of going to the straw-stack as told, the boy went to where George Taylor was harrowing in a field, (George harrowed early that morning)Taylor was at work –5– near the meadow where the famous straw-stack was lo- eated and perhaps that was the reason the boy went to him first, and it is also probable that he was supersti- tious about going where he expected to find the dead bodies of a whole family of people. Anyway he went to Taylor first and repeated to him the little girls story, and asked him to go with him and see if it was true. The testimony at this point as- serts that Taylor did not go to the stack with the boy, but instead went direct to his home which was some hundred yards distant, taking the boy with him, and leaving him to hold the horses while he went into his house and changed his clothes. When he came out he saddled a horse and rode post haste to Browning where his brother, Wm. P. Taylor, was cashier in a bank. Nothing is known concerning the conversation held between the two brothers, but that same morning they both rode out of town, armed to the teeth, and rode to where their father was at work in the timber, some miles from Browning. Leaving their horses there they took to the brush afoot, and were not seen, or at least reCOg- nized, until captured some weeks later at the muzzle of a shot gun by Jerry C. South in the back woods of Arkan- sas. When Mrs. Carter sent Jimmie to the meadow she watched him and asserts in her testimony neither the boy nor Taylor went near the straw-pile. George Taylor in his testimony for himself says that he went to the straw-stack, kicked the straw back, and recognized the face of Gus Meeks, then kicked the straw in place again and went to Browning for an officer. The reader can accept whichever of the two stories –6– seems the most probable, all we have is the testimony. The crime of which the Taylor Bros. are convicted is one of the most brutal and bloody of which we have any record in this state, in fact it has no paralell in this part of the country. While the community is almost unanimous in advocating the verdict of the jury, there are some who are equally as adamant in proclaiming them innocent. Regardless of the fact that they have been convict- ed of this heinous crime, they have many friends who have stood by them like brothers, and who have done and are doing all in their power for them, doubtless be- lieving them innocent. If they are guilty they deserve their fate; if innocent they have stood their persecutions like men. - It is a fact that the public has been prejudiced against the defendants since they first fled at the discov- ery of the crime, but the mere possibility of a person or persons, being guilty of murders so terrible and bloody, is enough to prejudice the people, and in such cases many a person has paid the penalty of crime who were innocent and who, public sentiment would not allow jus- tice. In such cases sentiment is murderous and hence we say full and free justice should be given every defendant on trial for his Hife or liberty. In this case, however, twelve honest and merciful men, citizens of Carroll county, have found Wm. P. Taylor and George E. Taylor guilty of the terrible crime of quadruple murder, for which capital punishment is not enough severe. –7– BIOGRAPHICAL SKETCH OF THE TAYLOR BROTHERS. Wm. Price Taylor is 33 years old and is the young- est of the defendants in the case. He is a man of un- commonly good education, having graduated in the best institutions after going through the common schools of Linn county. He was born and raised near Browning, Mo., where his family still reside. He selongs to a good old-time family, who in the past have been above reproach. He was a politician, in a small way, and has been a member of the State Legislature, representing Sullivan county. He studied and practiced law in Linn county for a num- ber of years, and is said to be good at the profession. At the time of his ſlight he was cashier in the Brown- ing Bank, and had his law office in the rear of the build- ing, where he was doing a good business. As a citizen and business man he was a success. He was charged a few years ago, with implication in a cattle stealing scrape, the results of which are not –8– known as his trial was pending at the time of the Meeks. murder. He has a wife and family. GEORGE EDWARD TA YLOR, George Edward Taylor is the oldest of the defend- ants. He was born and raised near Browning, Mo., in Linn county. He was raised on the farm and has never done anything in the way of a business except farming and stock raising, He has been married four years and has a wife and two children. Until the Meeks murder he has always been regarded as a good citizen, and has scores of friends in and around the neighborhood where he lived. His implication in the terrible crime of which he has been convicted, was indeed a great surprise to the com- munity where he was known. This is all of interest that can be said concerning the former lives of the Taylor boys. As they were plain every day citizens with nothing of a sensational charac- –9– ter in their biography that would be of interest to the public. They are at present in the Carroll county jail awaiting the action of the Supreme court. Judge Rucker, the trial judge, is a resident of Keytesville, Chariton county, and was for six successive years prosecuting attorney of that county. Though young in years he is old in experience and stands to-day among the oldest jurists of the state. His fearless discharge of duty while prosecutor pav- ed the way to the position he now holds. His name has often been mentioned in connection with congress and his friends are liable to call on him to gird himself for the fray at any time. His character is all that any man could wish, his integrity unquestioned, his ability, patri- otism, and devotion to duty everywhere attested, and his standing among his fellow-men the very best. He is regarded as one of the coming men of Missou- ri, and one which the state will be proud of. - JURORS. The jurors in the case were as follows:–E. J. Cal- loway, a farmer; F. B. Creason, farmer; P. N. Hough- ton, farmer; John M. Edge, ex-constable; G. W. Shand, carpenter; G. F. Morris, farmer; G. W. Craig, farmer and foreman of the jury; W. H. Craugn, clerk in bank at Hale, Mo.; George Freeman, carpenter; B, C, Dula- ney, merchant; J. S. Helne, stone mason and R. G. Evans, farmer. ATTORNEYS. The attorneys for the state were: Prosecuting attor- ney Bresneham, Major A. W. Mullins, Less Holliday, Jas. L. Minnis, E. B. Fields, and prosecuting attorneys Pierce and Miller of Sullivan and Carroll counties. –10– Bresmehan, the principal one, is from Linn county, and ranks high as a prosecutor. He is a gentleman of pleasing appearance and dignified bearing, has many friends and few if any enemies. Mr. Holliday is mayor of Carrollton and one of the leading lawyers of that bar. Major Mullins is from Linneus and one of North Missouri's most able lawyers. James L. Minnus of Carrollton, E. B. Fields of Browning and Pierce and Miller are all above the aver- age in their profession. The attorneys for the defense were: Col. J. B. Hale, D. M. Wilson, Virgil Conkling, Ralph Lozier, James F. Graham, and ex-senator Stevens. Col. Hale is the oldest member of the local bar and ranks high as a criminal lawyer. He is said to have successfully defended twenty alleged murderers before the Taylor case. D. M. Wilson of Milan is the principal lawyer for the defense. He stands high in his profession all over North Missouri. Lawyers Conkling, Lozier and Graham are good ones and have handled the case almost as vehemently as if it were themselves on trial for their life. Ex-Senator Ste- vens is from Linneus and has a good reputation as a civ- il and crimiual lawyer. Col. A. W. Meyers another attorney was sick dur- ing the trial and was represented by attorney Brinkley, who did his part well. With this brief but authentic sketch of the princi- pals in the case we will now give the testimony as it was taken from the stenographer's pen, and which precludes the necessity of a further history of the subject, as the –11– testimony of more than 100 witnesses covers every item of interest connected with the case, and which the read- er will find is no loss of time to peruse. TESTIMONY OF DIR, WAN WYE. I live at Browning; have lived there about fifteen years; practiced medicine; was on the farm of George Taylor on the morning of May 11th, 1894; when I first went, I saw three bodies; was there before the bodies were taken out; they were about a quarter west of the house of George Taylor in a straw-stack; they had taken most of the straw off before I got there; they were in a kind of a hole; there was Gus Meeks, his wife, and a child about four years old; examined the wounds in Gus Meeks body; it was a pistol shot near the region of the heart, sufficient to prove fatal in my judgment; did not see any other wounds on the body; had known Gus Meeks three or four years; had only seen him at Brown ing; this was in Linn county state of Missouri. I think Gus Meeks was shot in the heart; some- where in the region of the heart; do not know that it would prove fatal, but judge that it would, did not probe the wound, but think it was sufficient to cause death. TESTIMONY OF L. C. LANT Z. I reside in Browning, have lived there about four years, and in that neighborhood nearly all my life. I was at out at the straw stack on the 11th, day of June, 1894 and saw some dead bodies about four in number, a man and woman and two children. I recognized the man as Gus Meeks, I never examined them particularly but I could see they were wounded, I saw where there was a hole in the baby's head and a gash cut in the wo. man and little girl. The bodies were on the north-east —12– side of the straw pile and Meeks head was in a westerly direction and the woman in an easterly direction, little southeast, Meek's head lay a little north of west. One of the children was laying by the side of Gus Meeks, and the other was underneath. They were all right close to- gether sorter piled up in a hole. I don't know that I could state how long or deep the hole was, not very deep not very long not long enough to bury a man in. There was some straw and dirt piled over them. Yes, sir, as I was going down I made some examination as I was going along the road to the straw-stack. Mr. Faler and I were together and as we got there to the top of Jenkin's hill one and three-fourths miles from Browning we discover- ed some signs or tracks and such stuff there in the road and some blood in the road, we got out and made an ex- amination and it looked like there had been some one drug up the hill and we went on down we found a re- volver up against a hickory tree, that was about all I saw. That hickory tree is about tweenty-five feet from the road. Right there the road turns south-east. The hickory tree is on the right side of the road. There was two places in the road where there was blood, this Jen- kin's hill is located in Linn county, Mo. When we got to the straw stack there was some fifty or sixty people there, about 11 o'clock. The bodies had been uncover- ed when we got there, I wasn't in Browning the day the bodies were brought there. I heard of it about 9 o'clock or near that time. My farm is about one and one- half miles from town. TESTIMONY OF R. T. L. CURTIS. I reside six and one-half mailes north-east of Brown- ing and resided there in May, 1894, and on the morning –13– of the 11th of May I went out to the straw-stack and found or saw some dead bodies there, there was a crowd there about the time we got there; they were covered partly and we removed the dirt and straw and found the bodies of a man, woman and child. I can't tell just the wounds that were on them as I never examined them very closely; the bodies were dirty and bloody, there was dirt mixed with the straw, the bodies were conceal- ed; there were several of us there and we had to look a while before we could locate them; there was quite a lit- tle dirt and straw over them; the woman's head was lay- ing nearly east and west, head to the west; mans head was to the west, laying a little to the north-west, and the child laying across him. I did not stay until the other child was taken out; there was a sort of a hole dug. I wasn't acquainted with Mrs. Meeks, I had seen her; at the time I did not recognize Gus and never had seen him with his mustache off. After they washed him I knew him. We made an examination as we went back; there were four of us in a spring wagon Bill Patterson, Har- vey Wilson, Ike Guinn and myself. Bill Patterson said–CDefendant's counsels objected to what he said. Objection sustained). We stopped there at the hill and the other three got out and made an examination, on the west side found a revolver and saw tracks that show- ed there had been a struggle. I didn't get out of the wagon, I held the team while the others examined; the pistol was found on the west side of the road. Cross- examination by Mr. Conkling. TESTIMONY OF MB. WILSON. I lived in Browning in May, 1894 and do yet and was out at Geo. Taylor's farm the day of this occurrence –14– and saw some dead bodies, a man, woman and little girl; I didn't examine them closely; I recognized Gus Meeks they were in the straw stack concealed with straw over them; some dirt was mixed in with the straw; I stayed until part of the straw was removed that was be- tween 9 and 10 o'clock. I made an examination as I came back along the road and saw some blood near Jen- kin's hill; as we were going back some of the crowd re- marked that they had seen some blood, we stopped and got out and it looked as if some one had fallen out of the wagon; could see his knee prints, and we found a pistol on the west side of the road about 30 or 40 feet from the road, and saw some blood there in the road; there was a hickory tree there; we saw where some body had been dragged up the hill from the hickory tree, and we saw some tracks that seemed to be a woman's track, that is northeast of the hickory tree; we noticed some wagon tracks in the road, that was in the County of Linn and State of Missouri, about two miles from Browning in a southeastern direction. I live one mile southeast of Browning, and lived there in May, 1894, and about 600 yards from Jenkins hill in a northwest direction, my house is northwest of the hill; I remember the time of the killing of the Meek's family quite well; on the morning of May 11, between mid- night and daylight, I heard five shots fired in a rapid succession. They were fired in a southeast direction, in the direction of Jenkins hill; I cannot fix the hour. I have lived in Browning for about eight years, and am acquainted with the defendants, and saw them on the tenth day of May, 1894; I saw George just after I lit the lamp in the store; he was near the store against a –15– post; it was just about dark; that's the last time I saw him. I noticed nothing unusual about his appearance; he was clothed like he always was; he was often at Brown- ing; that was his P. O. and trading point; it was about dark; I generally light my lamps about the time it is getting dark; it was just about dusk. TESTIMONY OF C. G. CUTHBERTH. I lived at Browning; have been there eight years; I am in the grocery business, and know Geo. Taylor; I re- member seeing him May 10, 94, quite late in the even- ing between sundown and dusk; he was there at my place of business coming across the crossing, he was going east, then went north; that was the direction toward Wm. Taylor's. Cross-examination by Mr. Conkling. Don't know what he was up there for he was going in that direction; I don't know anything about how he came to town or what he did; I saw him between sun down and dusk, TESTIMONY OF W. H., JONES. I live at Browning; have lived there sixteen or sev- enteen years and know the defendants. I live about ninety feet from Wm. Taylor right north; I saw Geo. Taylor in Browning May 10th, '94 at Wm. Taylor's lot, about 8 o'clock going out of the lot in a wagon; I saw Wm. Taylor too, he opened the gate and George drove out; I saw Wm. bring out some quilts and put on the steps and then he put them in the wagon; George drove south; he was in a lumber wagon farm wagon; had the bed and sideboards on; had a pretty good bay team; don't know whose wagon it was; I saw Wm. P. Taylor the next morning about 5 o'clock; I went over after some water; the well is right near the window and Will was washing and brushing off his pants. You go out the gate from Wm. Taylors then turn south then go east; go nearly a quarter east before you turn north; Linn street lies between Linn and Sullivan counties; you cross the rail road going to the Milan road; that road runs north after the turn the railroad runs north and they intersect about one-fourth of a mile north of the town; the Milan road turns north from there right at the end of the cor- poration at Stone's corner. TESTIMONY OF JOHN L. RUSSEL. I resided in Browning May 1894, right across the street little north of Wm. P. Taylor's; I saw George May 10th, '94 at Browning about 8 o'clock near about dark, wasn’t right dark; he was driving out of Wm. Taylors going south toward Line Street, which runs east and West. The road from Milan to Browning intersects Line street on the north side about one-fourth of a mile. You have to cross the railroad going the Milan road; Stone's corner is about a quarter of a quarter from the railroad. TESTIMONY OF WALTER GOOCH. I live southeast of Browning about four and a quar- ter miles, and about a quarter of a mile from George Taylor; I saw George on May 10, 94; caught up with him on the road; he was going north in a wagon; Al- bert, his brother, was with him; It was a farm wagon, two horses, had on bed and sideboards, and a bay team; don't know whose team it was; I followed him about two and a half miles; I stopped and he went on: I stopp- ed at my uncle's, about two miles from town; Albert had gotten out south of Jenkin's hill, between a quarter –17– and a half mile south of the school house; it was about 3 or 4 o'clock in the afternoon; George told Albert when he got out to be sure and do what he told him to; tha was south of the Jenkin’s school house. - TESTIMONY OF MRS. MARTHA. J. MEEKS. I am the mother of Gus Meeks and live at Milan, have lived there about two years and am acquainted with the defendants; the first time that I saw Bill was when Gus' little girl was born and saw him after that at Milan; I saw him after Gus came home from Jefferson City, it was long about the 7th of April; Gus came in on Monday and the Sunday week Bill and George were there; it was after church when they came, may be 9 or 10 o'clock; George came first; he wanted Gus to go out where Bill was but he refused to go; George said Bill had to stay and take care of the horses; then George went out to hunt for Bill but said he couldn't find him, and he came in again and went out to find Bill again when Gus refused to go out until the last time, when Bill came and they all talked; there are three rooms in the house; they were in the front room, I was in the south room and Gus' wife in the room on the west; I heard Gus tell Bill that nothing less than $1,000 would put him back in the situation he was in and told him Băl was the cause of his being in his condition, and I couldn't hear what reply Bill made; he was wanting Gus to keep from testifying against him in the cattle case; that was all I could hear; they were talking some time: I don't know that there was any more said about that; they left about 11 o'clock the first visit, I have seen Bill pass the house several times; he would pass by and look in and then go on; there is a sidewalk along there; the —18– next time I saw George after that was when he came and took Gus away; Gus went down to Cora on Tues- day before; they took him away on Thursday; I never heard either of the defendants speak of meeting Gus at Cora; on the night of the murder between 11 and 12. o'clock I seen Geo. Taylor; me, Gus and his wife and three children were in the house, and a little boy; I had laid down with my clothes on, so had Gus and his wife, and the children had been put to bed; George came in and asked Gus if they were ready; I never heard the con- versation between George and Mrs. Meeks; he come in and Gus asked him where Bill was going to stop the wag- on; George said that the wagon must keep going and not stop, and went on toward the Catholic church, turned there and went south, and George and Gus took their clothing and went north with it toward the church; then Gus came back and got his wife and children; they took their clothes with them; George and Gus took them out; Gus came back to the house again; George said it wouldn't do to stop the team; I saw George Taylor that night; I am acquainted with him; I next saw my son, daughter and two grand children in the court house yard at Milan; Gus received a letter that day; he put it in a paper and said something to me but I didn't hear just what he said; never paid any attention to it at the time; I cannot read writing; I gave the letter to Mr. Pierce, or my daughter gave it to him; it was about 1 o'clock. when he got the letter on the day of the murder, or the day they took them away. I saw no one but George and Gus; I couldn't see the team, but I could hear it plain; I suppose the team was Bill's, I don't know; I went to the porch; they all went away with Gus and George; I begged Gus not to –19– go, he stooped down and kissed me; I told him it was a trap; he says mother if you don't hear from me by Thursday. (Here counsel for defendant objected. Ob- jection sustained.) The wagon went south for I could hear it; I was in the door and could hear; Geo. had on dark clothes whether they were blue or black can't say; he wore a kind of light hat; he had on dark clothes; I could see him very good; I did not want Gus to leave with them; Geo. went out first Gus and his wife went to- gether, Gus carried one of the children, his wife one and the other one walked; I don't know that Gus went to bed that night; he laid down with his clothes on I think; he was expecting this visit. TESTIMONY OF M. S. BURDETT. I reside in Browning, have lived there about five years; I know the defendant, Wm. P. Taylor; had a con- versation with him in referance to Gus Meeks testifying against him, Monday or Tuesday before the Meeks murder; I asked him what about Gus Meeks coming back, and he said he knew what the damned – came back for, and he would get what he came for; this con- versation occurred in a blacksmith shop east of Taylor's bank. TESTIMONY OF L. B. PHILLIPS. I reside about four miles west of Browning; am ac- quainted with the defendant, Wm. P. Taylor; had a conversation with Mr. Taylor in reference to Gus Meeks and his tostifying against him; I think this was on Mon- day before the murder, about May 6, 1894; that evening Wm. P. Taylor went out with me pretty near to my house; 1 said to him, “Bill, what are you going to do with Meeks; he has come back?” He kinder smiled and –20– said, “We will have to get him out of the way.” That is about all the conversation that we had; I asked him how he was going to get him out of the way; he said he did not know how he would get him out of the way, but he wou'd get him out of the way if he had to kill him to get him out of the way. TESTIMONY OF BELITHA M'CULLOM. I resided, in the month of May, 1894, in the town of Browning; I left there last fall a year ago; when I left Browning my two little girls were with me; since - that I have been living at my father's; my wife is dead; during the month of May, 1894, my wife was sick with a cancer; we lived at the time on the west side of the railroad track, on what is called Line street, or the county line; my residence was just about forty feet from the railroad track; I know the defendants, Wm. P. and George E. Taylor; have been acquainted with them about seven years; Wm. P. Taylor and me lived about 150 rods apart in the town of Browning; Wm. P. Taylor lived on the west side of the railroad track, and I on the east side; I saw both of them on the 10th day of May, 1894, in the town of Browning; the first time I saw George Taylor on that day was about 5 o'clock in the evening; he was at the bank where Wm. P. Taylor stayed; I next saw him about 8 o'clock that evening; he was somewhere near half way between my house and the railroad track; I was sitting on the sidewalk; the walk runs east and west; I had been dressing the cancer on my wife's breast and had turned a little sick and had gone out on the walk to get a little fresh air; I saw George Taylor going east on the county line; he was in a wagon, driving a pair of horses; he was in a lumber - –21– wagon; never paid much attention to the wagon bed, but I think he had sideboards on; it was something between fifteen and twenty feet from where I was sitting that George Taylor passed; we did not speak as he passed; I º .B º º Nºss - º - - - * º º º -- -- º -- --- º - -i - - - - > - - 2. O - - C º: º: º - º -º-º- - º- * --ºN-N -º-ºº N-- º Nº-ºS. - heard the wagon after it turned north; the Browning and Milan road runs north from the corner; it crosses the –22– railroad track about a quarter north of that; the railroad track runs northeast; I saw Wm. Taylor coming from the west on the sidewalk that runs past my place; he came up the walk to the railroad, then turned north; that was about five minutes after George Taylor had passed in his wagon; I do not remember whether he carried anything with him or not; this was about 8 o'olock. TESTIMONY OF MERS, SALLY CARTER. I reside at Browning at present; my husband's name is John Carter; have been living at Browning for twelve or fourteen years; we lived on the farm about four and one-half miles from Browning before we went to town; Geo. Taylor's farm is south east from our farm; there is a partition fence between us, the farms adjoin; our boy, Frank Carter, was living on the farm last year, a nephew of John Carter; I was there May 10th and 11th. I went down there the evening of the 10th; my husband was at Linneus at work at that time; who else was there? why there was Frank's wife and little Jimmie Carter and the baby; Jimmie is Frank's half brother; he is ten years old; we got up between four and five on the morning of the 11th; had breakfast between four and five; young Frank and his wife both left that morning; nobody there but Jimmie, myself and the baby, which is about six months old; there was a little girl come to our house that morning between five and six o'clock; she was coming across the lot when I first seen her; Jimmie was standing at the window; I suppose he saw her too; I had a little talk with her; what she told me was what caused me to send Jimmie where she said; I sent Jimmie out in George Taylor's field; it is about ten steps from the gate –23– tº the partition fence and the straw pile is in the field; I think in a north east direction; I went out to the straw pile after there had been several people there; the straw pile was high enough to hide a person about two feet, I guess; the little girl had straw all over her and she was bloody, her hands and face were covered with dirt, blood and straw all mixed; she had a sort of cap in one hand and a red hood in the other; said it was her sister's; she looked like she had been in a pitched battle; I didn't know the child then but I do now; she is here to-day and her name is Nellie Meeks; Dr. Kinney came to see her; she was as wet as water; when she came you could wring water out of her clothes; I noticed a place or gash on the top of her head; I stepped to the door when I sent Jimmie out into the field and he went in the direction where the child told us; I didn't see him when he first went to the straw stack; my attention was called to the child; I went out to the barn gate and I saw Jimmie and this gentlemen in the field going towards the house; he was harrowing; Jimmie was walking be- hind this man, about seventy-five yards from the straw pile, going due east and then bore a little to the south to the barn lot; I watched them until they got out of my sight; then I went round and stooped down and saw them at the barn lot and called Jimmie and he come; it is about a quarter of a mile from our house to George Taylors, south-east from our place; there is meadow on the outside of the cornfield he was harrowing in; they didn't stop at all, just kept going until they got to the barn lot; I saw nobody else in the field; I went back to the house and got the little girl and baby and come out to the fence and called Jimmie and he came as soon as he could; I recognized the man at the time, as I said –24– once I never wanted to tell who it was unless I had to; I recognized him as George Taylor; I had washed a little of the dirt off the little girl's face but not much; when Jimmie come back him and the little girl went over to the straw pile together; they were over there but a short time; then they came back to me; I sent Jimmie to John Gooch's and he came back and his half brother with him; when I went to the straw pile I saw the dead bodies, a man, woman and two children; there was a sorter of a hole dug and they were in that; don't know how deep that hole was; the persons were all dead; I never saw George Taylor any more after he went to the house; Jim didn't stay over to George Taylor's very long; the harrow passed south of that; he never did any more harrowing after that; never stopped; Frank's wife when she come home went over to Mr. Harvey's, that was the nearest place; I sent for her husband by Jimmie; John Gooch was the first of the neighbors to get there and his wife and half brother and little girl, I remember there was a a rain the day before, I went down to the farm in a bug- by myself, there are trees in the front of our yard but by going to the north door you can see right in George Taylor's. - - TESTIMONY OF JIMMIE CARTER. I live west of Browning; I was at my brother Frank's on a visit on May 11th; I remember the little girl coming to our house; I went out to the field where the little girl said; saw a man harrowing; there was a straw pile in the field; I had a talk with the man; I told him there was a little girl come to Aunt Sallies and said her sister was dead down at the straw pile and asked him to come and help find her, and he said: he says wait –25– and let someone else find her; he went on to the house; we went up to the barn lot; I sat down at the wagon and there was a shovel and a spade there with mud all over it, near the wagon; he took the harrow and team to the barn, left the team to the harrow; we never went back into the field; he asked me if the little girl said anything about her pa and ma; I said yes she said they were in a hole; that was all that was said between us; I went back to Aunt Sallie's house and me and Nellie Meeks went down to the straw pile together; I couldn't see anything for awhile and I raised up some straw and saw a woman's face; then we went back to the house; I went down to Mr. Gooch's. TESTIMONY OF D. B. GOOCH. I reside four and one-half miles south-east of Browning in Linn county, Missouri, and am a tax col- lector; have been tax collector two years; was living on my farm in May 4, 1894; on the morning of the 11th day of May, 1894, I was at home early in the morning; I left my farm and went to my brother's; while there I re- ceived information that there were some dead bodies in a straw stack; I then went to Frank Carter's house, which was about 150 yards from the straw stack; that was about 7 o'clock in the morning; I stayed there and wait- ed till the Browning crowd came, then we all went back to the stack; that was between 9:30 and 10 o'clock; I discovered, when I arrived at the straw stack, first the body of a man, two children and a woman; they were buried in a hole, lying east and west, the woman's head to the east and the man's to the west, and the children between them; when I first arrived at the straw stack they were all concealed from view with the exception of the mother; her face and part of her breast were not con- cealed; the bodies were hidden by straw and dirt; I re- mained there until the stuff was removed, I presume there would be about two feet of straw and chaff over the face of Gus Meeks; the dirt was next to his face; we removed the straw with a pitchfork, and we pushed the dirt away with our hands; could not tell who it was before I re- moved the straw; after I removed the straw I could not distinguish the features of the man; I could first tell who the man was after we had removed most of the dirt and chaff; when the straw, dirt and chaff were taken off I don’t know who all were present; Luster Smith, myself, Tom Millin and Frank Carter; the straw stack was about two or two and a half feet thick; the bodies were in a hole about one foot deep; the hole looked to have been made with a spade or shovel; made an examination of the ground in and around the straw stack and discovered wagon and harrow tracks both; the wagon track came northeast to south west to the stack, turned a right curve and came back and retraced the tracks of the wagon out- side of the cord rows in a southeasterly direction to Geº. Taylor's yard; discovered where the wagon had been stopped; saw clay mud there; I suppose about a bushel; there were about four piles of it; it looked like it had been cleaned from the wagon wheels; this clay and mud was in his yard between his barn and house; did not trace the tracks of the wagon any further, the wagon entered the field of George Taylor about a quarter north of his house; it was first driven over the meadow and then the corn rows; the rows ran east and west, and the wagon came diagonally west three or four rows to the straw stack; from the edge of the meadow to the corn rows to where the wagon entered the field it is about 250 yards; –27– the wagon left the public road when it entered the field; I saw the barrowing first when I was at Frank Carter's house, and could see where it passed through the meadow, and after I discovered the bodies I traced it to George Taylor's house, then through the meadow and to the corn rows, through to the stack; the first through of the har- row followed over the wagon tracks to the stack, turned north and came back to the edge of the harrow, then it went on the north side of it back, turned north and back to the stack, it followed the wagon tracks; the ground was too wet to harrow that morning; it had rained about Wednesday night before the murder; this was Friday morning. TESTIMONY OF J. W. GIBSON. I reside two and a half miles south of Browning and am acquainted with George E. Taylor; have lived in this vicinity 26 years, I am 26 years old; I was born right close to where I now reside; on the day of the 11th of May I was on George Taylor's farm the most of the day; I arrived there about 9 or 10 in the morning; there were a great many people there when I came; where the straw pile was the field was about 12 or 15 acres; that was in corn; there was about 10 acres of meadow east of the corn; I viewed the ground there where a wagon had come into the farm; after I had hitched my horse I went di- rectly to the straw stack and then I tracked the wagon back; I went with the crowd to where it came into the field, and it came in at the northeast corner of the mead- ow land, just north of a hedge fence but before it got there it side tracked north of where it came intº the meadow; it then went in a southeasterly direction to the straw stack; when the wagon passed down where the corn was planted it did not go directly west; the corn that had been planted was supposed to be about east and west; it angled across the corn rows, perhaps four or seven rows, till it got to the straw stack; the straw stack was not very high, and it seems that the wagon had run over the edge of the straw, up on to the edge of it like; the straw pile would not exceed three feet deep at any part of the straw stack; when the wagon ran by the straw pile in that way I followed it to see where it went to get out of the field; it turned to the north, then east and got back into the same track that it came in in; it took the track until it got back to the meadow; they then turned in a southeasterly direction till they got down into a kind of a draw and then it turned east and went up between the house and barn; George Taylor's house is close to the road, and the barn is west of south; saw where the wag- on stopped and the clay had been cleaned off; expect this was 30 steps from the house; George Taylor's house and Frank Carter's house are about a quarter of a mile apart; Carter's house is a little bit north of west of Taylor's house; noticed the harrowing that was done; after I had tracked the wagon up to the barn, then, followed the harrow tracks; they had started to hitch to the harrow within a few feet of where the wagon was tracked; they had harrowed over the wagon tracks; followed the wagon tracks all the way out to the straw stack, and when they got to the straw stack they turned to the north the same as the wagon had turned, followed the tracks right around and back to the meadow and then turned around at the edge of the meadow and went back over the wagon tracks again; the plowed ground on the 11th day of May, 1894, was damp; I remember that the corn was not up; in crossing diagonally over the corn rows, the wagon was –29– going south of west. Noticed the amount of clay that had been cleaned off the wagon; there was considerable of it; could see distinctly where it was standing; the wagon track was undoubtedly a lumber or road wagon; a two-horse wagon; when I reached the straw stack there had been several come in and uncovered the bodies; the bodies were still in the hole when I got there; I helped to get them out; there was a quilt over them and I raised it up and saw the bodies; the hole was about one foot deep; looked like it had been dug with a spade or shovel; it was about three or four feet, perhaps a little larger; noticed where the heads of these people were, Gus Meek's head was lying to the west, the lady's head was lying to the east, and the little girl was lying across her father's breast, with her head down; after Gus's brother came he said there ought to be another baby, we commenced looking then and we found the baby almost in the bottom of the hole. TESTIMONY OF HON. JERRY SOUTII. I reside in Mountain Grove, Dexter county, Ark. ; have lived in that state about seven years; before that I resided in Frankfort, Kentucky; I am a member of the state legistature and have been for three terms; I know the defendants; first saw them on June 20 or 21 a year ago in Marion county, Ark., which is an adjoining county to where I live; I saw them at Buffalo City, Ark., a steamboat landing; I took dinner that day with Mr. Yale Hass, and they were at the table when I got there, and they left the table before I did. I never saw them any more that day; that was on Monday or Tuesday, and then I saw them on Saturday at the same place; I made in- quiry as to who they were; I had no knowledge when I first saw them who they were; that night as I went back home I concluded they were the Taylor broth- ers; I went to the newspaper offices to get the back Mis- souri newspapers to get a discription of the Taylor boys; I had gotten their pictures and the Friday night before I started, the sheriff of my county handed me two pic- tures that he had received from Mr. Barton, sheriff of Linn county, with the discription of them and Barton's name signed to it; I went the next day to a Masonic lodge for the installation of public officers and the Dem- ocratic State convention. I went to Buffalo City and saw them at the store of E. L. Hays on the south side of White river. I was to go to Little Rock by steamboat. I saw them about 100 yards from where the boat landed; up to that time we had not spoken to each other; the de- fendants told me they had made a boat, that it was down on the river. The next thing I did was to consult Mr. Hays and to try to get a gun from him to effect their capture. He at first refused. I afterwards got a gun from Mr. Tonstil, a double barrel shot-gun. They were about seventy yards from the store when I arrested them; they were going towards the hotel. I called them to halt, and they immediately turned round and Bill put his hand in his pocket, front pocket, and I told him to take it out and he did so. I presented the gun, a doub- le-barrel shotgun, with both barrels cocked; I told them not to attempt to draw any weapons, and to keep their hands out of their pockets. They first started to come to me and I told them to stop. I asked them if they had any weapons. Bill said he had a pistol; George said he had none. They were willing to give up their weapons. I called Mr. Cravens and he took Bill's pistol away from him; that was what they had; we found two other pistols - at the house; one was a 45 calibre Colt, 10 inch barrel, and one Colt 7 or 8 inch, and the other a Smith & Wesson, double action. I took them to a little house there and kept guard over them, and next morning started for Lit- tle Rock, down the river. I asked them what their names were; Bili said his name was Price and George's name Edwards. They objected very seriously to being arrested and said it would cost me something before I got through with them; but I wasn't afraid of a suit. Up to that time I didn't know their real names, that is, they hadn't disclosed it to me. They said they wanted to talk to me, and I told them presently, and I sent a man after some irons to iron them. I then during that conversation showed them the pictures, but covered the names up with my hands. They said, who is it you are looking for and for what crime are they wanted? I told them a very serious one. I showed them the pictures and said you are the men; I thought you were. Im- mediately after that they told me their names. George said nothing; Bill did most of the talking. Bill said I had heard these things were out but hadn't seen one be- fore; and he says, you are right, we are the Taylor boys and are willing to go back home, we are tired of this life of being hunted down. I took them to Little Rock and then brought them to St. Louis by rail. They told me they intended to separate, not to be seen together, that they would be recognized so easily. I came along from St. Louis. I believe they got off at Macon City; I went on to Brookfield. I was at Little Rock two or three days to a Democratic State Convention. We had several conversations together; we had some conversation on the train. TESTIMONY OF FRED ALEXANDER. - I live in Linn county, in the northern part; I live one mile south of the farm of George E. Taylor; was at the farm of George Taylor on the 11th day of May, 1894; t- - - sº rock sº CAA-ºrcs Nºv º >|< ------ - - ºn * * º: E = 3 * : - - = E - 3 * *- ~ *- H. Lº º- 2 E & - > 3 = - |- - # 3 = ſº - tº E O - - - 2 = } -> "7 to ; O D : 7 : 3 | * F : E = O - - – lº. = ~ : tº | y, O - E. p = T-Q & A. C. : : E LL … 7 & 7. * - “s. - ºf S + E. As º sº * G = E = - - - *s - = F * = Cº- º tº º: - 2. Cº-sº s s 2 = z = º >|< . : . ... 3 X- 5 § 3 ; - - - X- * : : - __ - ºn E = - - 2. º, iſ c : - __ - H. : - ; T) D ; : * * * - Q z E F = - J) Qio, * = - NNſ 3 C. # = 3 Yeº-O 2-2. u = , = >k S. - ºf º – - o z –3 vſ) 3 * > Qº - - . ~ * - - ºn 3. = 3 6. E = -- arrived there in the forenoon; there was quite a crowd when I reached there; went to the straw pile where the dead people were; they were uncovered when I reached –33– there; went to see what direction the wagon came from; looked around some; followed the wagon across the straw to the plowed ground to about half way across the mead- ow; ibe track was going in a southeasterly direction from the stack; after it reached the meadow it took a south- easterly direction toward the Taylor barn; followed the track to see where it came into the field; it came into the field northeast to where the straw pile was; that was about a half a quarter from the dwelling house of George Taylor; noticed the track before it passed through the fence, for a short distence; there was no fence where it came in; the fence was not entirely gone, there were broken rails around; from the fence down to the straw pile was east; noticed where the wagon came, corn had been planted; from there to the straw stack it ran almost direction of the corn rows, if not quite; don'tremember just how many corn rows it ran across; when it reached the straw pile the wagon tracks were tolerably close to the straw; the straw pile was a little straw stack; where I saw the dead people the wagon turned to the right or to the north in a circle and went out to the east again till it reached the meadow; something near the same track, then going to the straw stack it bore to the mead- ow; cannot say whether it kept with the other wagon track or not; noticed harrowing there; noticed where a harrow had run as far as I went in the meadow and com- ing from the way the wagon had went; the horrow to all appearances seemed to follow the wagon tracks to the stack and turned in a circle, and back again to the meadow, it then turffed to the north and west to the straw stack and passed; it went north of the first harrow- ing and wagon tracks, and went back to the straw stack; from the straw stack it went on past the straw stack –34– west; I followen it for about fifty yards from the straw stack and looked across south and saw where a harrow track had been made across from the west, and I followed that to the meadow; this track went to the wagon track on the meadow; did not follow it further; when this track reached the meadow it went straight onto the meadow; I followed it on the meadow not over fifty yards; it was traveling in an easterly direction or nearly so when it first struck the meadow, until it struck the wagon tracks and then it took a southerly direction; I suppose about twelve rows of corn were left at the straw stack between the north and south sides; from the straw stack west the harrowing followed the corn rows as far as I followed it. I reached the farm tolerably early in the morning, might say there were 50 or 100 people there when I got there; the plowed ground at my place early that morning was very wet; it did not look like it would be in a good con- dition to harrow. At the east end of the meadow there was no harrowing done. TESTIMONY OF LUSTER SMITH. I live at Browning, Linn county; have lived there for ten or eleven years; went down to the farm of George Taylor on the 11th day of May, 1894; reached there about 10:30; the dead people were not all uncovered when I got there; Gus Meeks was not uncovered; should judge there was something like 18 inches of straw over him and something like five or seven inches of dirt and chaff over his face and breast; the straw was piled on top of that; his head was turned to the west, that of his wife to the east; don't know just about the children; I could only see one child; the child was placed between them or along close to the mothers side; at that time Mr. 35 Meek's face was exposed; Gus Meek's head was about the length of his body from Mrs. Meek's head; they were in the pile when I left don't know what kind of a place they were in; Gus Meek's head was uncovered by pitch- ing the straw off with a pitch fork and the dirt and chaff were ranked off with our hands; Mr. Gooch, Tom Mull- ins, Frank carter and myself helped to remove the straw from the body of Gus Meek's; Gus Meeks had not been seen before we removed the dirt and chaff; I knew Gus Meeks at this time; recognized him when we took the dirt and chaff off his face; his face was turned to the side; his wife's face was turned pretty near straight up; do not remember how the children's faces were; saw only one baby, but did not notice it much; I started down from Browning to go to the farm about 10 o'clock; heard of the murder just a few minutes before I started; was in the butcher bueiness at the time; Mr. J. A. Wilson, Ike Guin and J. T. Fleming were in the buggy with me when I went down. TESTIMONY OF J. L. HARRIS. I live near Browning, Charlton county, and am working on a farm; on May 10th, 1894, the day of the Meeks murder 1 was living in Linn county on Yellow Creek, near North Salem; on the night of the murder I staid at the house of Dave Gibson; he is the father-in-law of the defendant, George E. Taylor; I had been at Dave Gibson's house since 8 or 9 o'clock that night; had come from home over there that day; I come over to work for George Taylor; I was at his house the day before the murder; I arrived at his house along late in the evening; did not see George Taylor; from there I went to Mr. Arnolds that evening, and remained there over half –36– an hour, and from there I went to George Taylors again; left George Taylors between eight and nine o'clock that evening, and went to Dave Gibsons; a distance of about half a quarter in a southernly direction, on the east side of the road; I went there to stay all night; the next day I hauled wood part of the day; I retired just as soon as I got there, and got up about sun up; that would be about six o'clock I suppose; after I got up I went over to George Taylors barn; I was to work for him the next day; found George Taylor at the barn; he was currying the horses and cleaning the mud off their legs; he was cleaning the mud off by washing with water which he had in a bucket; the horses were pretty muddy, the mud reached to the body and he was washing from the body down; after I got through with the chores, I went to breakfast at George Taylor's house; George Taylor, his wife and Dave Gibson ate breakfast with me; after breakfast we harnessed all of our teams and went to the timber; we harnessed up Jim Taylor's horses; that was the team George was cleaning in the morning; Bill Gib- son helped me to hitch up, when I hitched to the wagon it was muddy; George Taylor cleaned the wheels that moaning; he cleaned them off with a spade; there was a right smart of mud that he cleaned off with a spade; it was clay mud; when I hitched to the wagon that morning the tongue of the wagon extended to the east of the corn field; when I hitched up I went to Mr. Taylors and went to the timber, that is about three-fourths of a mile east from George Taylors; we hitched to Mr. Jim Taylors wagon when we started; don't know who used the wagon the night before unless George used it; went down to Jim Taylor's in company with Bill Gibson; when I got down to Jim Taylor's I found Jim Taylor, Albert and –37– Charlie; we took the wagon bed off there to haul wood; they turned the team out in the pasture, and put Albert's team to the wagon; did not notice anything in the wagon bed; saw blood on the wagon on the coupling pole; this was just about half way between the coupling of the wagon and the hind axle; the blood was wet; there was only just a little; the wagon bed that we took off was the one that we brought with it; just a common lumber wag- on; there were side boards on the wagon when we took it off; they laid the side boards in the barn; we set the wagon bed over in the barn yard; I first noticed the blood on the coupling pole of the wagon when I took the bed off; after the bed of the wagon was taken off I showed it to Mr. Taylor and he wiped it off with a bunch of hay; we went from there to the timber; there were three wag- ons to haul wood there; Albert Taylor was driving one, Dave Gibson one and Bill Gibson one; Dave Gibson was using his own; he got it from George Taylor I think; when I hitched up at George Taylor's where the mud was cleaned off, Dave Gibson's wagon was there; in taking the wagon out of his barn, he went out east of the lot to the road and turned south to Taylor's and then turned east again to get there; I went through George's farm and Mr. Taylor's and went out at the same gate that Dave did where his wagon entered the road, then turned south; Dave turned south; George Taylor and Bill Taylor came to the woods where we were hauling wood that morning on horse back; it was probably about 10 o'clock; when they got there they got off their horses and went off; they just turned their horses loose there in the crowd and went off througe the timber; did not work very long in the woods after that; took the wood that I had on the wagon to Jim Taylor's; we unhitched there and left the –38– team in the barn; I think we then unloaded the wagon and went down about the barn; I staid there about balf an hour, I guess; don't know whether we were doing anything or not but talking; Mr. Taylor and Albert were with me; we staid at Jim Taylors house about half an hour I guess, and then I went to my brothers; we quit hauling wood for that day; I examined the wagon bed. that was taken off that morning, and found some blood on it, coal oil on the inside; did not find but little blood on the wagon bed; I learned that somebody had been killed in the forenoon; was at Mr. Jim Taylor's barn; Dave Gibson's little boy, Drury, told me; Mr. Taylor was present, and Albert I think was there; after I left Jim Taylor's and went to my brothers I was not down where the dead bodies were in the straw stack. TESTIMOMY OF THOMAS MULLINS. I reside in Browning, have lived there about seven years, I was out to the straw stack on the 11th of May, 1894, and saw ssme dead bodies; all the bodies were covered up or concealed except the woman's face; they were covered with straw and chaff; I removed part of it; I recognized Gus Meeks, a little while afterward; there was some 18 to 36 inches of straw; I didn't notice how they removed the chair from his eyes; there might have been a little dirt, I couldn't say positively; we removed the straw with a fork, except this chaff and dirt; I was very well acquainted with Gus Meeks. TESTIMONY OF ED BARTON. I live in Linn county; have been sheriff of that county for the last four years; I know the defendants; I was here during the former trial of this case and under- º stood that George Taylor said that he was the man that was doing the harrowing; I was not in Linneus the night of the murder; was on my road home whens I heard it, and went straight to Mr. James Taylor's house; got there about 10 o'clock; was looking for the defendants; I kept looking for them until they were captured in Arkansas; don't remember when I was at James C. Taylor's again– about ten days after the murder; George Westgate and Doc Kelly went with me. At the time I examined the wagon bed Ed Maybee was with me, ten or twelve days after the murder; looked at the wagon bed and found it stained on one side, took it to be blood; just a small spot; there were two burned places and it was charred over; the places were 10 or 12 inches long, 6 or 8 wide that were charred; Mr. Maybee was with me; never saw the sideboards; never saw any coal oil. TESTIMONY OF MIR. MAYBE E. I reside at Loclede, have lived there about twenty years; was at James C. Taylor's place of residence in May, 1894; we looked at the wagon bed; the back half of the wagon bed was burned or charred, the bottom and portion of the of the right side; the back half of the box was nearly charred; then there was a spot on the left hand side of the box; we supposed it was blood; that is my judgment; I wouldn't be positive; a spot about as big as the end of your thumb; it was two or three inches be- low the top of the one on the outside; I never saw the side boards; I am a traveling salesman for a wholesale drug house; have been in the drug and hardware business for the last several years. TESTIMONY OF JOHN J. coſ NETT. - I reside at Linneus, Mo ; was at James C. Taylor's –40– about three times during the month of May, 1894, and had occasion to examine the wagon bed and sideboards; went over the next morning; was there the evening of the 11th; this was my second trip; this was eight or ten days after the first. No one was with me when I went into the barn; wagon box was in the barn and the side- boards over the haymouth; found stains on the bottom of the wagon and on the sides of the box, and under- neath the bed on the under side if the bottom there was a drop; scraped that off with my knife; and the side- boards were stained; the stain extended clear across the sideboards and to the bottom of the bed; they had been rubbed over with oil, which extended them more than it would otherwise. I first saw the blood underneath the box; the box was turned up and I scraped a little drop of blood off, it appeared to be coal oil that it was rubbed with; the sideboards looked about the same; in my judg- ment it was blood that I scraped off; examined the box after that and found those stains were that it was burnt out or charred, all except the spot underneath; don't think the bottom of tdat wagon bed was ever painted; if it was painted it was a long time before. TESTIMONY OF B. F. PIERCE. I have seen the letter before; got it from Mrs. Meeks with some other papers; went to the house to get it. Am familiar with the writing of Wm. Taylor, and this is his writing. Have had it in my passession ever Slnce. TESTIMONY OF JUDGE R. M. TUNNELL. I am probate judge; am familiar with Wm. Taylor's writing and this letter is Wm. Taylor's handwriting. –41– TESTIMONY OF T. M. SAYERS. I am county surveyor; am acquainted with Wm. Taylor's writing; that letter is his handwriting. TESTIMONY OF W. H. PATTERSON. I am in business in Browning; am familiar with Wm. Taylor's writing. This letter was written by Wm. Taylor. TESTIMONY OF M. L. GIBSON. I am post master at Browning; know Bill Taylor's writing. That letter is bill Taylor's writing. LETTER INTRODUCED. The letter was introduced as evidence as follows: “Be ready at 10 o'clock; everything is right.” Letter submitted to jury. TESTIMONY OF MILTON JENNINGS. I was at Ed Fowler's on the night of May 10th, '94; am acquainted with Wm. P. Taylor; saw him pass Mr. Fowler's that night about 9 o'clock; was shutting the gate when he passed; Taylor was in a wagon with anoth- er gentleman whom I did not recognize. They were on the road that runs from Milan to Browning. TESTIMONY OF JOHN HOAK. I lived four miles north of Browning on May, 10, 1894; on that night about 10 o'clock I saw Wm. P. Taylor going north on the Milan road with another man; they were driving in a trot. On cross-examination he testified: I had been out fishing with Clarence Whittaker, and we were returning; I first told my mother about seeing Bill Taylor, but don't know who else I told. —42– TESTIMONY OF D. C. PIERCE. I am acquainted with both defendants; a short time after Gus Meeks was pardoned out of the penitentiary I had a conversation with George Taylor and told him they would make it pretty warm for Bill at the next trial; he asked me why and I told him; he said: “We will put him out of the way.” I told George they could not do that and he said: “Frank Leonard and him is all right and Frank Leodard will attend to that.” TESTIMONY OF ALF DILLINGER, I am justice of the peace in Sullivan county; had a conversation with Bill Taylor nbout him and Abner Page and Gus Meeks stealing cattle; Bill inquired if I had seen Abner page; and he remarked that he was going to kill the damn – – – – , he didn't say when he was going to kill them. On cross-examination Mr. Dillinger testified: I be- lieve Bill Taylor also inquired for Nellie Brumbaugh; I do not consider the reputation of John Hope for truth and veracity as good. TESTIMONY OF JAMES E. MERRITT. I know the defendants; had several conversations with Bill Taylor; asked him what he was going to do if Gus Meeks was pardoned out; he said that they (Taylors) would have to get rid of him; would get him out of the way; Bill told me that he would shoot the damn – – On cross examination Mr. Merritt testified: I was subpoenaed by both sides, and when the defendant sub- poenaed me I remarked, they (defense) will get somebody –43– they don't wani; was in the lodge room when Bill said he would shoot Gus Meeks; befere that time I and Bill Taylor had been intimate friends. TESTIMONY OF DR. C. I. STEPHENS. I live at Linneus, Linn county have been a practic- ing physician for several years, examined the wagon body at Linneus a few weeks ago at the request of James Tay- lor's son; he brought the wagon;l was requested to examine it to see if I could see any signs of blood on it; examined with a glass of about five hundred power; discovered no signs of blood; examined the sides and bottom but found the outside was evidently new material; the bed boards were originally green, and the name of the wagon was on either side, in a circular form; the boards were pretty well worn out, but I could see that the founda. tion of these names was originally white; examined the inside of the bed, and could see with the naked eye that the paint had been originally red; on the inside I found no signs at the time I examined it; examined the coup- ling pole, and found n traces whatever; the coupling pole had been painted red; this examination was about two or three weeks ago; don't know what wagon it was, only what I have been told. TESTIMONY OF PETER MCDONAL.D. I reside in Browning; am marshal there now; I have lived in Browning about twenty-two or twenty- three years; am acquainted with defendants; saw the de- fendants on the evening of May 10th, 1894; saw them in town and at home at Bill Taylor's house; went over to Bill Taylor's house to see a pair of horses that George had; he said they were his father's; they were bays; that was about 6 or 6:30 in the evening; the team was –44– at Bill Taylor's barn eating corn when I was there saw the defendant Wm. P. Taylor on the morning of May 11th, at the east side of his farm, he was standing with his face to the east with one hand on the fence; he then went to his house to the door on the south side; about the time he pulled the screen door open I went into the barn; when I first saw him he was standing right at the fence with one hand right upon the fence, facing the east, and turned and went back west to the house; the fence was in an alley; this was about 5 o'clock in the morning. RE-DIRECT EXAMINATION BY E. B. FIELDS, ESQ. That wasn't the last time I saw him; the next time I saw him he was on his horse; George Taylor was with him, about six or seven o'clock; I was at the south end of the Crawley and Gable corner; that was before the murder of the Meeks family was discovered; I suppose it was not known until about 9 o'clock; they were travel- ing when I saw them, in a walk; they were going along in front of my house, and it looked like when they made a turn and went west they walked along the faster. TESTIMONY OF DAVID BEACHAM. I reside at Browning; have lived there for 20 years; know the defendants; saw them on the morning of May 11th, 1894; was on Mr. Meyer's place east of town, about half a quarter east of town; saw George first; he was coming into town; he was traveling on horse back; he was traveling at a pretty good gait; I next saw them probably in 25 minutes both going away from town east; they were traveling in a good long gallop; that was be- tween 7 and 8 o'clock in the morning. –45– TESTIMONY OF J. D. JESSE. I reside three miles northeast of the town of Brown- ing; am a minister of the gospel; of the church of Christ; commonly known as the Christian church; know the defendants; saw them on the morning of May 11th, 1894, about 100 yards east of the town of Browning; they were traveling on horse back in a sweeping trot; that was near the hour of 8 o'clock. TESTIMONY OF J. W. FREEMAN. I went from my home in Brunswick to Linn county to look after the Taylors in the month of May, 1894; left Brunswick the Tuesday following the murder and got into Browning about 9 o'clock; drove from Sumner to Linneus and from there to Browning and got there about 9 o'clock; got a team the next morning and drove to George Taylor's farm with Jimmie Flemming; I went down to George Taylor's house and from there to the old man's house; returned about 1 o'clock to Browning; on my way down, about 150 yards north of George Taylor's house on the left hand side of the road going south, we met a man on horseback, and Mr. Flemming called my attention to him, and we drove on down the road; we stopped about 150 yards above George Taylor's house and I got out of the buggy and went back into a small woodland pasture, on the left hand side of the road, and I proceeded to go down through this pasture to the far end, directly through the center of the pasture; did not discover anything; on my return I took a diagonal cut through the pasture and came out on the southwest cor- ner of the pasture; when about seventy-five yards of the fence 1 discovered a black object a little to the left; thought it was a man; on going up to it. I discovered that –46– It was a burnt piece; it looked as though it was a piece of a man’s pants, a clasp from a pocket-book, a burnt feather bed and other articles; I took these to town with me; this was from 60 to 70 yards of the road; that was about 200 yards from the dwelling house of George Tay- lor, across the road to the east and north; anywhere from 7 to 10 feet had been burned off; the scraps that remained unburned I gathered up and took back to town with me; (paper handed witness) (scraps shown to jury) that was about all the scraps that I saw there; I tried to gather up all the feathers that were not burned; suppose there was a hat full lying around there; gather- ed up these things about 10 o'clock in the morning, on Wednesday morning. TESTIMONY OF MERS, MARTHA. J. MEEKS. Gus Meeks and his wife were living with me at time they were taken away and had been since he returned from Jefferson City; I knew a pair of pants he had but he did not wear them, he took them in his trunk I think; those are the pants or piece of them, they look like them (here witness was handed a piece of cloth) I recognized them by the stripes; I never noticed the buckle on them; they were a pretty fine pair of pants; Letha Page will know them; I couldn't swear that that was his pocket book; it looks like it; his wife never had any; they had a feath- er bed that they took away with them with striped tick- ing: he had a picture with a frame of about 100 differ- ent kinds of wood, a very fine piece and it was covered with glass; it was a picture of a lady that Gus used to go with when he was a boy. TESTIMONY OF MP, EDWARD BARTON. I have a slight acquaintance with a detective by the –47– name of Freeman and I saw him in Linn county in the month of May; I understood he was a resident of Bruns- wick; he said he was looking for the defendants; I saw him several times; he was round there two or three weeks; he was with me several times looking for them I did not request him or invite him to go; he was at George Taylor's house the night of the murder and Mr. Dave Gibson, Geo.'s father-in-law, was there also; there was the rifle that Mr. Freeman took from the house and a pistol; there was quite a number looking at it and he told me I had better take charge of it: I told him I had no authority; he never took them away, I took them and put them back in the house; I presume I kept him from taking them when I told him he wasn't to take them he made the remark that I was too easy on the people: I told him I wasn't there to molest any private property but looking for the defendants; he said there in substance that if Mr. Gibson was choked up a little he could tell wherethe Taylor boys were; there was a number of persons there but only two came with me; he was not a member of my posse; nor an officer under me. TESTIMONY OF CLARENCE WHITTAKER. I am 24 years old and live about four miles north of Browning; I am acquainted with Johny Hoke that used to live there; I was at home on the night of May 10th the night of the murder; I was not away from home that evening; that was the night before I heard of the killing; I never saw Johny Hoke the night before; he was at our house that day; he came about 3 o'clock and left about 5; we had not gone fishing that night; It had been about a week since we had been; our house is about one-half a quarter from the road. –48– TESTAMONY OF MRS TISHA. WHIT TAKER. I am step-mother to Clarence Whittaker; my hus- band's name is Alfred Whittaker; we live in Sullivan county, and did May 10th 1894; about three and one- half miles from Browning; Clarence was at home the night of the murder; he never left the place that day; Johny Hoke came in about 3 o'clock and stayed an hour or so; he went to bed about 9 o'clock that night, before the rest of us; it had been a week or so since he had gone fishing with Johny Hoke; that was the 10th day of May 1894; the day after the murder;. TESTIMONY OF MER, BALLINGER. I am official stenographer of the Carroll circuit court and took the testimony in the trial of this case at the March term, 1895, among which was the restimony of Johny Hoke; I have his testimony here. He testified in the last case that he told the Whitta- ker boy that night on the road that it was Bill Taylor who passed them in a wagon; that he and Clarence Whittaker were coming from fishing. The witness then proceeded to read all the testimo- ny of Johny Hoke taken at the last term. V. M. Conkling then offered in evidence the Ladies Almanac for 1894, published by the Chattanooga Medi- cine Company, showing the calendar for the month of May 1894, to show what time the moon set on that night; the moon set on the night of the 10th of May, 1894, at four minutes after mid-night in the morning. R. F. Lozier then offered in evidence the World Almanac, published by the New York World, in 1894; on page 40, it appears that in the month of May there was a new moon on the 5th of May; that the moon –49– quartered between the 12th of May, and did not full un- til the 19th of the month; It was also offered in evidence from page 49 of the same book that upon May 11th, 1894, in the latitude of Missouri, that twilight began at 3:05 and that upon the evening before twilight ended at S:47. - Deposition of Mrs. Ed. Fowler, on behalf of the state, read by Ralph F. Lozier: My name is Rebecca Fowler; am 32 years of age; live in Linn county, state of Missouri; during the month of May, 1894, I was living at the farm of Mr. McBees on the Browning and Milan road; know Milt Jennings; have known him over three years; he resided there on the 11th day of May, and stayed at my house that night; after the killing of Gus Meeks and family at the supper table on the 11th of May my husband spoke of hearing a wagon going up the road north, and Jen- nings said he did not hear any, and he went to sleep as soon as he went to bed; he went to bed just after dark; he was in the house between dusk and dark, and he went to bed just after supper, and we had supper about 8 o'clock. TESTIMONY OF Miss ALPHA VAN WYE. I live at Brookfield, in Linn county, Missouri; in the month of May, 1894, I lived in Browning; was in Browning on the night of the 10th of May, 1894; in the evening of that day I went to my aunts house; her name was Mrs. McCullom, her husband's name is Belitha Mc- Cullom; I was living at the time on Main street; I lived on the north side of the street, west of the Peoples' Ex change Bank on the same street, I lived on the north side of the street and the Peoples' Exchange Bank was –50– on the south side of the street; my aunt lived in the east part of town; the east side of the railroad, and on Line street; my mother went with me to my aunt's tha night; we started between 9 and 10 o'clock that night; when we started we were to go by Mrs. Christ's house, but they were not at home; and we went on to my aunt's; in going from our house to Mrs. McCullom's we had to pass in front of the Peoples' Exchange Bank; we saw Wm. P. Taylor in front of the Peoples' Exchange Bank; that was between 9 and 10 o'clock, he spoke to me and we passed on; at the time he was standing in the door; on the outside of the door of the bank; that was the bank where he was employed at the time; we got to the house of my aunt about 10 o'clock I guess; we stayed that night at my aunt's; my mother stayed too; we went there because she was sick with a cancer and we went there to sit up with her; she has since died. DEPOSITION OF EDA. OGLE, I reside in Wheeling, Mo.; am 79 years of age; re- sided at Mrs. McHolland's at Browning May 10, 1894, and saw Mrs. VanWye there; she came about 10 o'clock at night; she stayed until 4 o'clock the next morning; she came to dress her sister's cancer; am sure she was here before 10 o'clock, for Mrs. McHolland looked at the clock and said it was 10 o'clock and Mrs. VanWye was there then; Mrs. VanWye and her daughter were there, my husband and Mr. McHolland's family; my husband is now dead. The reason that they were so much later that night in getting there made Mrs. Mc- Holland angry; that is why I remember it. TESTIMONY OF DB. H. F. C.R.A.I.G. I live in North Salem, Linn county; have lived –51– there about four years; am a surgeon and know James L. Harris; have known him since I came to Missouri; he lived in the neighborhood of North Salem or was around there; I think his reputation for truth and veracity is not good: have heard it discussed, and it is not good. TESTIMONY OF JOSIE BAILEY. I am 12 years old and live about three and one- half miles of Browning; think we live about a mile north of Geo. Taylors; I was at home May 10th, 1894 in the evening; saw Geo. Taylor that evening, he was going north towards home in a lumber wagon long about 8 or 9 o'clock nearer nine than eight: he was in the middle of the road and I was just over the fence a little piece away; it was a bright mounlight night. I was by my- self; was on my way aftea the cows to bring them up; they were in a pasture north of our house; the road runs north and that was on the east side of the road; the road runs right by the house; there are some trees between the yard and road; maple thees not very thick, though; my mother and sister were there that evening; my sister is older than I; my sister started out to the gate with me but she went back to get her buckets to milk in; I was going to drive the cows up; she was on the road; she is here; my mother was in the house; hadn't seen George Taylor before that time that day; had been to school tha day; school let out at 4 o'clock, it is about a mile from our house to Geo. Toylor's. ALBERT TAYLOR TESTIFIED AS FOLLOWS. I an a brother of the defendants and 24 years old and live south-east of Browning and live at my father's house. I was at Geo.'s house on the 10th of May, 1894; Geo. went to Browning that afternoon to take some wagon —52– wheels to get them fixed; he was using my father's big wagon and has slde boards on; were using his wagon to keep the wheels from rubbing the other wheels had the side-boards on; he left home that afternoon about 2. o'clock; we started with 4 wheels but 1 of them did not need fixing and we left it. He couldn't use his own wagon for he didn't have but one wheel, and one of the horses was heavy with foal and he used my father's; I started with him and went between two and three miles; I was on my way to see Jesse Hanley about buying some shoats from me and I met him near Jinkins Hill at a gate fixing up a gate and I got out there; I got out in forty feet of him; my brother Geo. did not tell me after I had gotten out to go and do what I told you or don't forget to do what I told you; I stayed there until after the children came from school and then went back home; I left home after supper about 7 o'clock that evening and went to widow White's and then came by Mr. Creel's; while we were talking on the road Mr. Hanley and I, Mrs. Sallie Carter was the first person came along; she was in a single buggy by herself; I was about a half an hour at Mrs. White's about the same time at Mrs. Creel's and I went from there to brother Geo.'s to see if he had gotten any mail for us; when I got there he was leading the team in the lot and we un- hitched them and turned them out; the wagon and team was north and a little east of the barn; the wagon tongue was pointed north-west; there was another wagon there but it had no wheels on it, there was no more. I went from there back home; I got there about 25 minutes after nine, we live about 4 mile from Geo.'s farm streight through or à round the road. –53– RE-DIRECT EXAMINATION. Aiter I left Jesse Hanley up in the road I went streight home, I ate supper that evening before I went to Mrs. White's or Creel's; I saw my father's team the next morning that Geo. had; the team looked like it always did; I didn't notice any indication that they had been driven from there or Browning to Milan and back to Geo.'s house; they were turned out; I was working my own team; I used my team to that wagon that day and saw no indications whatever of any blood on any part of the wagon; the reason I did not use the team was be- cause one of them kicked and wasn't safe; when I got home from the timber I heard of the finding of some dead bodies in the straw stack; the first I heard of my brother being accused was when Dave Gibson told me about it while I was going to the stack; I heard of my father's wagon being used to haul the dead bodies over at the straw stack after which I made an examination of the wagon, looked all over it and found no such indica- tions; I left the stack about sun-down, between sun-down and dark, waitad 'till next morning to examine it; I also made examination of coupleing pole but found no signs of blood stains; the wagon had been painted several years ago a dark red color; the wear and tear of it had rubbed it off more or less, of course; I was with Wm. Harris that morning, he went over on that very wagon to the timber with me; we both rode on the coupling pole and we saw no indications of blood stains on it; I never heard Jim Harris make any remark about blood stains being on that wagon. There were tracks of horses in the field there where the straw stack was; my father's horses was not shod. The pony that I rode never had a shoe on him. . –54– TESTIMONY OF MIRS, DAVID GIBSON. I am the mothor-in-law of Geo. Taylor; he married my daughter; my daughter lives with me now; we live on Geo.'s place; on May 10th, 1894, we lived on Geo. Taylor's place; don't just know exactly how far it is from Geo.'s house; about 120 yards south, on the east side of the road; Geo. Taylor's house is on the west side of the road; I remember of being over to Geo. Taylor's house on May 10th, 1894, on Thursday afternoon; Geo. was at home at that time; Geo. went to his father's in the afternoon sometime; don't know when he came back; he went to Browning that evening, he went in his father's wagon; he went to Browning to take his wagon wheels to the wagon shop to get them fixed; he went about 3 o'clock in the evening; Albert Taylor went with him; he had the wagon wheels in the wagon; after he left I staid there at Geo.'s until about 4 o’clock in the evening and then I went down to my house; my daugh- terwent with me; we staid until after I got supper; Geo. Taylor's wife was with me at the time after supper we went back up to Geo.'s house, and I staid at my daughter's house all night; my daughter was feel- ing badly at the time, was the reason that I went home with her; she was in a delicate condition and I concluded to stay all night; we went to bed just as soon as we got there, which was about eight o'clock or a little after; George had not got back from Browning at that time; he got back about 9 o'clock; I was up stairs. when he came back; I heard him open the door; was up. during the night; slept in the north room up stairs; came down at 9 o'clock; I heard George come home; and went down to see how my daughter was feeling; I heard them talking and I came down stairs; saw George when I came –55– down; I then went up stairs again; came down again about midnight; heard my daughter's little baby crying; came down stairs and stepped into the room, went back into the room, an told her to give me the baby; we pass- ed some words between us; we were talking about the baby; at that time he was lying over behind his wife in the bed; I took the baby up stairs with me; staid the rest of the night up stairs in bed; got up the next morning about daylight; it was just getting daylight; went down stairs, and went into the room where George Taylor was; saw him at that time; he was in the bed in his room; passed some words with him at the time; I then went down to my house; ms husband's wagon was at his own house that night, My husband was not down stairs that night; had no opportunity to see George Taylor; my husband's wagon the next morning was down at our house; the wagon had been used the day before for hauling water; we had no well; there was a barrel of water in it that morning; I was in Browning the next day; have seen Mr. Breshnehan before; have seen him at Linneus; court was in session at the time I was there. TESTIMONY OF KATIE BAILY. I live four miles southeast of Browning; was living there in May, 1894; remember where I was on the even- ing of Thursday May 10, 194; was at home; my home was one mile south of George Taylor's house; about 9 o'clock that night I was crossing the road going east into the milk lot; saw a wagon and team at that time; did not recognize the man, at the time, that was in the wagon; seen the team go north that same evening to Browning; George Taylor and his brother Albert were in the wagon –56– when I saw it, that was between 2 and 3 o'clock; did not pay much attention to the wagon, but noticed the team; it was Mr. Jim Taylor's team; had seen it lots of times before; the moon was shining at the time; did not notice to see who was in the wagon. TESTIMONY OF MBS. GEO, TAYLOR. I am the wife of the defendant, Geo. E. Taylor; I live in Lian couffty, about five miles from Browning, southeast; I was at home on the day of May 10, 1894, excepting a little while in the afternoon; my husband went to Browning; he went to take his wagon wheels to get them fixed at the wagon shop; he took his father's wagon because he had no other wagon but the one with the wheels off; he took his father's team because his team was not fit to work; he started to Browning about 3 o'clock; his brother Albert went with him; after he left I went to my mother's and staid there about an hour or two; came home a little after sundown, after supper; my mother came up home with me and she staid at my house all night; I was sick and my mother came home with me on that account; I was feeling badly that even- ing; my husbamd got home that night from Browning about 9 o'clock; after he came home he went to bed with me; he was there all night; my mother was down stairs shortly after my husband came home; she came down again about 12 o'clock; she came down to get my little girl; I have another child older than this One. - I saw my husband at 9 o'clock; he staid there all night, I saw him the next morning until he went off; he went north on horseback; he rode a horse that he had there of his brother William's; he was keeping it; I got –57– up the next morning about 5 o'clock; I got up after my mother did; did not see my husband when he saddled his horse; I saw him when he started off towards Brown- Ing. TESTIMONY OF CHARLES TAYLOR. I am a brother of the defendants; I am 17 years of age; I live 4 miles southeast of Browning; on the 10th day of May, 1894, I was living with my father, Jas, C. Taylor; lived about half a mile from Geo. E. Taylors on that day; on may 10th, 1894, I was at home part of the day; on the morning of May 11th, 1894, we went to the woods; I went with my father, Jim Harris, my brother Albert and Bill Gibson; don't know what time we started to the timber; we were going there to pile up wood; the timber is about two miles from my father's house; I was at home when my father's wagon was brought home that morning; Will Gibson brought it; Jim Harris came with him; when they arrived there my father's team was turned out; one of the horses was dangerous about kicking, the bay horse the horse with the star in its forehead; they exhibited no signs of driv- ing long the night before; they exhibited no signs of weariness or fatigue; we returned from the timber about 11 o'clock; when we arrived home my mother told me about the trouble just as soon as she could; we then went to the straw pile on George's farm; we arrived there be- tween 11 and 12 o'clock; found these dead bodies there; there was a crowd of about 50 or 75 persons; don't know how long I remained there, then went home; went home to examine the wagon bed; wished to make an examina- of the wagon bed because there was talk about them be- ing hauled in my father's wagon; they accused my brothers of it; made an examination of the wagon bed about 3 o'clock; examined it all over, inside and out; found no evidences of blood stains; the wagon bed had been painted on the edges when it was made; the paint was nearly all rubbed off; the wagon had been in use four or five years; the wagon bed on the inside had been painted; made an examination of all of it at that time; made another examination probably a week after; ex- amined the coupling pole, discovered no evidence of blood stains on the coupling pole; examined the outside of the wagon bed, discovered no evidences of blood; ex- amined the side boards a day or two afterwards, discov- ered no blood stains or spots at all; this wagon when I made the examination was in front of the barn; while { was over there at the straw stack, discovered the wagon tracks; discovered the trachs of the horses there, and noticed a horse track with a shoe on; it was on the left foot of the off horse, the front foot; there were no shoes on the other feet; my father's team was not shod, had no shoes on at all; I examined the wagon tracks at George's barn; the tracks at the straw stack ran right down through a lane and through his orchard; the tracks at the barn yard went on past and into the public road, and turned south; did not make a measurement o the wagon tires; saw some one who made a measurement; it was about one and one-eighth inches. TESTIMONY OF REV. GIBSON. Geo. Taylor is my brother-in-law; on May 11th, 1894, I was working for John Gibson on his farm until 10 o'clock, that is about 2 miles from Geo. Taylor's, west; I received information there that morning that the Meeks family had been murdered and their bodies bur- –59– ied in the straw stack; went over about noon and found 40 or 50 people there; I heard there that they accused George and Will Taylor of doing the crime, and that they had hauled the bodies there in James Taylor's wag- on; after I heard that I went over to James Taylor's and saw a wagon in the barn yard; I made an examination of the bed to see if there was any blood on it and I found no signs whatever; the inside of the box had been paint- ed red one time, and it had been used several years, and in places it was rubbed off leaving little spots on it some 8 or 10 inches maybe a foot square; I don't think the bottom was ever painted, there was no sign of it; I made an examination of the outside, but I didn't see the side boards; made another examination 2 or 3 weeks after- wards in Mr. Taylor's barn yard and found it had been burnt on the right hand side facing the front of the wag- on; saw no signs of any blood at all; at the straw pile I noticed some horse tracks; the horse tracks were in the meadow between the wagon tracks, and one front foot had a shoe on; made some measurement of those wagon tracks and found them about 1 inch; traced these tracks to the barn yard; I didn’t track them to the road; the mud there is a clay mud; it is a clay ridge along there. The tracks didn,t extend any west of the straw stack, but they extended north to the fence; the horse tracks were in the meadow, saw none in the ploughed ground. The harrow made a circle there near the stack but it was harrowed clear to the fence; it went in about forty yards of it and then turned south to the straw pile. It come about 75 yards east of the straw pile to the meadow. Then went north to the others, then west —60– again to the straw pile, turned there and went back east and back toward the house. TESTIMONY OF WIM. GIBSON. I lived May 11th, 1894, of a mile south and + east of George Taylor's; was at work that morning; went to work harrowing corn; received information that morn- ing of the killing of the Meeks family, and I unhitched the team and went over to Frank Carter's; reckon it was about 8 o'clock, found several neighbors there; it is about 150 yards from the straw pile; we didn't go over to the pile until the Browning folks came; was there when they uncovered the bodies; Gus Meeks' head was lying a little northwest; saw some horse tracks there not on the ploughed ground; did in the meadow. The tracks were right between the wagon tracks; the right hand horse had one front shoe on; they charged the Taylor boys with doing the killing, thought they were the ones and that the bodies were hauled in Mr. Jas. Taylor's wagon; left the straw pile about noon and went home; never went to Jas. Taylor's until Monday early before breakfast; saw the wagon there, the running gear was in the lot, the bed in the shed; never noticed the running gear but did the bed; was looking for blood; had heard there were parties that had seen blood on it, and wanted to satisfy myself about it; the wagon had been used several years; didn't notice any signs of blood at all; it had been painted a reddish color; it had worn off in places and left spots; didn't discover any indications of blood; think if there had been any I would have seen it, I looked carefully; noticed round on the sides, never noticed underneath the bed; never discovered any evi- dence of blood on the outside of the wagon bed; there –61– was a splotch on the side boards, but it looked as if it had been paint off some machinery there, corn planter or something like that; that was along in the middle of the side boards; looked at the side boards and inside of the wagon bed; never saw any blood at all; never saw the wagon after that; there was a good many measuring those wagon tracks down in the field and they run from 14 to 1, inches; it didn't make a square track; traced the tracks to the straw pile and from the straw pile back to the road; we couldn't tell what direction they went then, it entered the road right east of George Taylor's barn; couldn't tell which way they went. TESTIMONY OF MERS. JAS. TAYLOR. I am the wife of James C. Taylor and the mother of Wm. P. and Geo. E. Taylor; am 55 years of age; have lived a good portion of my life in Missouri, the most of the time in Linn county, part of the time in Sullivan county; have lived in Linn county about 26 years; we have been living out there on a farm; William is my old- est son and George is next to the oldest; William for the last several years has been in Browning in business; George lived with us on the farm until he married, since then he has been living on the farm that adjoins next to ours; was at home the day after the murder the 11th day of May, 1894, on Friday; first heard of the murder in the forenoon some time, maby about 10 o'clock, I don’t know, before dinner anyway; at that time I never heard who they accused of the crime; heard that afternoon when the boys came back from the straw pile that they were accusing my boys of the crime; and that day I heard that it was charged that the bodies were hauled in our wagon; that was the same wagon that George had driven to –62– Browning the evening before; he took the wagon from our house, didn't go to Browning with him; made an ex- amination because they were accusing them of the crime and I wanted to see whether there was any blood on it; examined the wagon carefully; looked inside and outside and all over it; was looking for signs of blood and I looked all over it; saw no indications of blood, none whatever never saw any upon any part of the wagon; never at any time made an examination of the coupling pole; have never paid any attention to the side boards at any time; examined the wagon bed good and there was nothing on it. About 4 o’clock one of the most severe rain and wind storms that we have had this season occured and Judge Rucker ordered a recess until the storm was over. Later in the afternoon the jury was brought into court and Judge Rucker adjourned court until 8 o'clock the following morning. TESTIMONY OF wyſ. M'CLANNAHAN. I heard of the Meeks murder on the morning of May 11th, 1894; I went down to the Taylor farm and saw the straw stack; went after dinner about 1 o'clock; remained on the ground nearly all evening; examined the harrowing and wagon tracks on the northeast of the stack; the harrowing left the plowed ground and went out a little south and went over the wagon tracks and went out a little south of where the wagon came in; I would judge it would be 30 feet. Where the harrowing left the plowed ground to go back to George Taylor's barn and house it was where it came out through the south and passed south of the straw pile, went to the meadow and from there to George –63– Taylor's; harrowing seemed to be over the wagon tracks; the first round the harrow struck the wagon tracks at the east end of the the corn field, went down to the straw pile and back, and then another round to nearly the west end of the field; it had gone one round as far down as the straw stack and back again to the meadow; one round that went to the west side of the corn field, or close to it; the straw stack was not very far from the west side, but I don't know whether the harrow went to the west side or not; it passed south of the straw pile though; when it got to the meadow it went on down to the barn; where the harrow went away from the corn field it was Some 30 feet from the wagon tracks, south of them; where the harrow had made a circle it was north of where the harrow left the field. The harrow seemed to follow the wagon tracks on fhe northeast; it came in and went out somewhere near the wagon track; did not measure the distance. TESTIMONY OF JAS. C. TAYLOR. I now live four miles southwest from Browning; I have lived there 26 years, with the exception of four years; have lived in this state all my life with this ex- ception; I am the father of the defendants, Wm. P. and George E. Taylor; my oldest son is Willie, my next oldest is George Taylor, the defendant; I have five child- ren living; my son Willie lives at Browning; he has lived there eight or ten years; my son George lives west of me about half a mile or a littie over on a farm adjoining my own; George has been living there not quite a year; he has been married about three years, I guess; I have been a farmer all my life; I was at my farm on the tenth day of May, 1894; George came to my house that afternoon; –64– he asked to borrow my wagon; he did not ask to borrow my team; I told him he had just as well take the team along too; the team was hitched up at the barn, and my son Albert drove it over to his house; don’t know what George did in the mean time; he went towards home; George took my wagon because he wanted to take the wheels of his own wagon to the shop to be repaired; I was at home the next morning when my team was brought home; I would not say who was driving them, but I think Bill Gibson drove them; think I had a good opportunity to see the team that morning; I was there when they were unhitched; helped to unhitch them my- self; the team looked all right at that time; they were in good condition; they gave no evidence of having been driven over a long muddy road the night before; from Browning to Milan I think they call it 14 miles by rail; it is somewhere in the vicinity of 12 or 14 miles; from Browning to George Taylor's farm it is about four and one half miles; there was no indications in the team of having been driven from 26 to 30 miles that night; the roads the night before were right smartly slippery; as well as I can remember it quit raining Thursday a little before noon; between 10 and 11 o'clock; that was about the only rain that we had that spring; it had been mighty dry before this; I went down to the timber that morning; before going to the timber Jim Harris was present up to that time; think me and Jim Harris took the wagon bed off the wagon; Jim Harris did not call my attention to the blood on the coupling pole; he said nothing to me at the time about there being blood on it; he did not take a wisp of straw or nay to take anything off the wagon; he went down into the timber that morning to pile up wood; when we took the wagon to the timber Albert's team was –65– hitched to the wagon; one of my horses was a little dangerous about kicking if you touched him; in loading in long poles one would have to catch hold of one end and one of the other; I don't know just what time we got back from the woods; sometime betwixt 11 and 12 o'clock. I first heard of the discoveries of the dead bodies when I got home; did not hear of the accusation against my sons until along in the afternoon; heard ac- cusations against my wagon on that afternoon; after hearing of these things I made an examination of my wagon; the wagon, when I examined it, was sitting in the lot; think I put the bed on myself and pulled it around in front of the door; the bed was taken off when we started to the timber; we brought the wagon back, and I put the bed ou, examined the inside of the wagon bed, saw no indications of blood of any kind on the wag- on bed; looked all along on the coupling pole, running gear, wheels and all over, and saw no indications of blood anywhere there; examined the side boards a few days afterwards, saw no signs of blood on them at all; the side boards were scraped up right smartly; the sides of the bed had been painted, and I suppose the bot- tom had; the color of paint was originally dark red; it was nearly all off; on one side of the bed it was more off than on the other; I don't know how the wagon bed was burned; we had a fire up close to the house in the hen yard, boiling down some brine; think it was on Thursday as near as I can remember, the Thursday after the murder was discovered. Tuesday morning Albert set the wagon bed off right close to where we had the fire. TESTIMONY OF WILLIE GIBSON. I was living at my father's house on the night of –66– May 10th, 1894, about 100 yards from George Taylor's; I went to George Taylor's early the next morning; I saw George Taylor at his house the day before that; I helped him do the feeding the next morning; saw George Tayl- or's horses at his house about three o'clock; never saw them the next morning in the barn; saw nothing wrong with the horses at all; they looked to me just like they always did; saw them just about sun up the next morn- ing; saw George Taylor at that time, he was feeding the horses; we curried the horses that morning, I curried one horse and he the other; before we curried them they had some manure on their hips, and their legs were a little muddy; after we curried them we harnessed the horses, we did not do anything more to them then; we then went to the house and ate breakfast; after breakfast we bridled the horses and hooked them to the wagon and drºve them over to Mr. Jas. Taylor's; after they were hitched up they acted like they always did; there was nothing about them to indicate usage that day or the night before; saw nothing unusual about George Taylor that morning; he acted and looked just about the same way he always did; I drove the horses over to Mr. Taylor's; did not see anything about the horses that indi- cated that they had been washed; Jim Harris was in the stable the morning we were at George's, did not do any- thing in particular. I heard George Taylor come home that night; the north window was up where I was sleeping and I heard the noise of the wagon when it came down the road; that was about 9 o'clock; the road passed right down by the house; the public road that he came down was about 15 or 20 feel from where I was sleeping; did not see him any more until the next morning after sunrise; when I –67– saw the wagon the next morning it pointed to the north- west; there was no other wagon there that morning; my father's wagon was down at his house; saw it when I went down that night; there was a barrel of water in it; the water was hauled that evening, my father hauled it; he also hauled a load of hay that evening; hauled the water afterwards, and the water was left in the wagon; noticed the harrowing that was done in the field that morning; the harrow came in at the east side, and came to the straw pile and across to the west side; saw the wagon tracks there; the harrow had followed the corn rows; the harrow had started from the east side; that was east from the straw pile; it was just about due east from the north end of the stack; the harrow turned around there at the house and drove off to the field, and then drove in there at the east side and ran across to the north dide of the straw pile and went on west to the fence and then south and then back east and then turned, went across the east corner and then back to the straw pile, turned around and went to the house; after the wagon left the corn field there I followed its tracks; the tracks left the field there and went over by the house and entered the road and turned south; it went out to the field by the house; there was a gate where it went out; after this wagon went out it went through the gate and into the road and entered the public road; it went north of the place where the mud was cleaned off; it was some little distance. I made an examination of the wagon and the wagon bed; made an examination Friday afternoon; examined the wagon bed all over, and all parts of the wagon; made no discovery as to any blood stains; examined the coupling pole and found nothing to indicate any signs of blood whatever; this was the day –68– following the murder; first heard of a murder being committed when I got over to Mr. James Taylor's; went over to the straw pile and then came back and examined the wagon; heard the people talking that George and Will Taylor had hauled the bodies in James Taylor's wagon, and I know that such a deed could not be done without there being blood stains on the wagon. TESTIMONY OF MERS. CARTER Defendant, by their counsel, Mr. Conkling, read in evidence the testimony of Mrs. Carter before the coron- er's inquest, which was as follows: I saw a man harrowing 200 yards from the straw pile; do not know who done the harrowing. (Signed) SALLIE A. CARTER, It was agreed that the statement was sworn to. TESTIMONY OF DR, VAN wy E. I am the same witness that was called by the state in this trial and am the same Dr. Van Wye that testified in the trial of this case at the March term; don't know that I am any relation to Mrs. Mattie Van Wye, may be some to her husband, but don't know what that is; was at the house of Mas. Van Wye some time before the grand jury met; don't know the date; probably I was there on Monday, Tuesday or Wednesday after she testi- fied before the special grand jury; was at her house and had a conversation with Mrs. Van Wye that time; we went into a room alone; think I also had a conversation with her and her daughter on the same occasion and at the same place; I did not state there to Mrs. Van Wye or her daughter or in their presence that if she testified in behalf of the Taylor boys that the prosecuting attorney would blacken her character and prosecute her before –69– she left the court room and send them to jail; neither did I say to her or either of them on that occasion or at any other time that if they would leave the country they could have any amount of money they asked for; nor I did not say to either of them that no one would believe Bely the McCullins on oath except in the Taylor case; and did not tell either of them that I had seen their statement before the grand jury. - TESTIMONY OF MERS. MATTIE VAN WYE. I have been sick since I have been here and under the care of a physician; I live at Brookfield and am a married woman; my husband lives in Brookfield; we lived in Browning May 11th, 1894; on the evening of May 10th, 1894, at the time I was living over a restaur- ant in Browning on the north side of Main street; Mrs. McCullum is my sister and lived across the railroad in Browning about a quarter of a mile from me; I went to my sister's that eqening; she was sick and I went to dress her cancer; she has since died; it was between 9 and ten o'clock when we got there, my daughter, Alpha, was with me; the clock struck 10 after we got there; we went east of our place until we come to a sidewalk or crossing on main street then turned east there and went past Mr. Taylor's bank or the People's Exchang Bank, and as we passed there we saw Mr. Taylor just coming out of the bank, Mr. Wm. Taylor; it was a little before ten o'clock; my daughter spoke to him, I did not; after leaving there we went to my sister's and got there a little before ten: there was no one at Mrs. Mccullums except he and his wife and two children, my father and mother; my mother's name is Eda Ogle; my father died in Decem- ber last; it was just about 10 minutes before 10 o'clock –70– when we got there, and we stayed until four or five the next morning, when we went home; I testified before the special grand jury at Brookfield and they didn't ask me any questions only what related to this case; Mr. Bresh- nehan was there, I couldn't tell when that was, about the first of March; after that I was living at Brookfield; 1 am slightly acquainted with Dr. Wah Wye and he was at my house and went into a room with me, and also he took me and my daughter both in the room. He stated in the presence of us both that if we testified in behalf of the Taylor boys that the prosecuting attorney would blacken our character and prosecute us before we left the court room and send us to jail; and he told us that if we would leave the country we might have any amount of money we want d or might ask for; and he told us. that Blythe McCullum would swear to anything and that he could be gotten to swear that you were not at his house that night; and he said in that same conversation that nobody would believe Blythe McCullum except in the Taylor case; and he told us that he had seen our statement before the grand jury. TESTIMONY OF PETER M’DonALD. I have been on the witness stand before and live in Browning; have lived there about 22 years; am marshal of the town there but was a teamster and am acquainted with the road from Milan to Browning; it is about 12 miles by wagon route and 114 by rail; some call it 12 and some 14; there are quite a number of hills between Milan and Browning. TESTIMONY OF GEO. TAYLOR. I am one of the defendants in this case and live 4, miles southeast of Browning on the farm, have lived in that neighborhood all my life. I was raised on the farm and have done nothing else; have been married 4 years this fall and have two ehildren. I was at home part of the evening on May 10, 1894; that afternyon I went over to my fathers to get some cabbage plants; he lives a half a mile from me; it had commenced raining that evening and rained until 9 or 10 in the morning. I went over there to get his wagon to take some wheels to town that needed new tires and he told me to take his team and I wouldn't have to go back home, and I did so, or at least my brother Albert drove it over home and I went to Browning. I went over and looked at a pasture north of my fathers and then went back home; guess I got back home about half past two o'clock; then took my wheeels on the wagon and took them to town; the wagon and wheels were my own; that was the only wagon I had; got to Browning about four o'clock; the wheels were taken out at John Christ' shop; the bank was just about closed; had no other business there that day unless it was to get the mail; the wheels were taken to my brother and sa far as I know they are still there; I havent seen them since; went up to Bill Taylor's and put my team in his barn and ate my supper there and went down town that afternoon and met several people; had nothing es- pecial to do that evening; went back to my brothers about sundown; after I got my supper we talked awhile; it was between sundown and dark when I started, nearer dark; I should judge it was about 8 o'clock, between half past seven and eight I am positive; that evening as I left there was a large horse blanket thrown in the wag- on; don't know whether he threw it in or I did, rather think he did; went south after I left the house, about a block then east a half a mile, then w nt south 1 miles –72– or 2 miles, then east of a mile, then in a south- easterly direction towards home; that is the only road that I know of to Browning that a person can travel; I have no recollection of meeting any one; got home about 9 o'clock and put my team in the barn; I come in just east of the barn; have a 40 and an 80 there and the road runs between them; the road is east of the 80 between the two; the house is inside, the barn is south of the gate and the gate comes in east of the barn, probably 100 yards from the road, the barn is 100 yards from the house; went in the gate east of the barn; was going west when I went into the gate; went west after I got inside until I got pretty near the lot; we stoped at a regular place there and the tongue was pointed a little northwest; put the team in the barn and went to bed; went to bed with my wife; my brother Albert, was there that night, he came over to see if I had gotten a letter; he went back east from there towards my father's; my father-in-law and mother-in-law was at my house that night; I never saw him, but I saw her a few minutes after I went into the house; the next morning I saw them both; they got up before I did and passed through the room and I think I spoke to them both; they went down to their own place that morning; I hadn't gotten up when they passed through the room; I got up immediately after that; done up my work milking and feeding and the chores; Little Billie Gibson came to the barn, he was working there for me; had been all summer; his father and Jim Harris were with him; they all got there about the same time; we had breakfast about three-fourths of an hour after we got up; Jim Harris ate breakfast there; they went back to the barn and Billie hooked up my father's wagon and took it home; Harris wasn't working for me; after they left I hooked up my team and put them to the harrow and went to the west field; had harrowed the east field before that; this corn had been planted some 6 or 8 days; that is, the part I was harrowing had been; it had been planted at different times; that portion I was harrowing was planted last; I planted some north of the stack be- fore that time; this ground was broken up; this was the first breaking I did that spring; it had rained but this LITTLE NELLIE MEEKS, THE ONLY survivor of THE MEEKS FAMILY. was on a rise and there was a draw on the north and on the south; it was very good harrowing, maybe a little heavy but very good; think you could see the corn in a few places; commenced harrowing about 6:30 that morn- ing, the sun had been up sometime; I went to the barn lot, the harrow was north of the barn lot and there was a path that runs down by the lot fence; commenced har- rowing east of the straw stack, struck the corn field northwest of my barn, just east of the straw stack about –74– 150 yards; it was probably a little north; nearly east, op- posite the north side of the straw stack; went from the field to the west side then turned south about 40 yards and then back east of the meadow; hadn't quite got back to the meadow when a little boy came up to me; I was about 25 or 30 yards away; didn't know the boy; suppose it is the same one that testified on the stand; don't know him; he told me there was a little girl come to the house and said her sisters were in the straw stack; I told him 1 guessed that couldn't be, or something like that, I don't remember the words; he said her mother andfather were on the road, in that same conversation; stopped a few minutes when he came up and went east and then drove to where I began harrowing, had just made a round; I drove them to the straw stack; went west right into the straw stack; then kicked up a bunch of straw and saw a man's face, I took it to be Gus Meeks; that's who I thought it was; I then drove back to the barn, unhooked my team or gave it to a boy to unhook; as I drove back I was going southeast; about the same place where I had entered that ploughed ground; I drove southeast; the little boy went with me as far as the barn; I got my horse after we got there, and went to town; I told Billie Gibson to unhook the team; I went to Browning to get an officer to see what was the best to be done; I thought it was Gus Meeks' face; went to get an officer and find out what I could; went to see Bill Taylor at Browning and I saw him; never talked with anybody else; we had a consultation as to what was best to be done; we got on horses and left town; we concluded it was a put up job on us; we were afraid to stay; that was why we left; we were afraid of being mobbed; we knew it would cause a good deal of excitement; I knew we had lots of enemies in that country and we thought we had better go, and we left; I stayed in town, or we did, 20 or 30 minutes and went east and south; we saw our father, Dave Gibson and Uncle Jack Harris was there too; they were out in the timber; we left our horses there with the fellows and left; we went southeast from where they were working; we afterwards surrendered to Jerry South in Arkansas; he came back as far as St. Louis; we stayed the first night at Mr. Hays' and we stayed in a little office there; two men stayed with us, Capt. Cravens and Jerry South stayed in a room with us; we went io Batesville by boat the next morning and then went to Little Rock by rail; we were not put under any restraint while we were on the boat at all; Jerry South was up on top just like any other passenger, and around it; we remained at Batesville until the next morning, slept at a hotel; don't remember, think Jerry and Mr. Cravens slept in the same room; went around the town some after we had gotten supper; got there about 9 o'clock; next went to Little Rock by rail; we were there two or three days and were under no restraint while there; we stayed at Beach hotel; we were not guarded; the first evening Mr. South was round the hotel and that night he went out and stayed part of ſhe night, don't know where; we were not guarded in his absence; there was a convention of some sort going on there; suppose the convention had adjourned; we attend- ed one night and think it adjourned; we were under no restraint whatever; we came back to Missouri without a requisition; we were willing to come back to Missouri, we game back by way of St. Louis, where we were met by Sheriff Barton and Mr. Pierce are all I remember; there were one or two others there possibly; we came to Macon City by Hannibal; there was not a word said be- tween Mr. South and I or my brother about this case; if he had a conversation with Bill I don't knowit; we talked nothing about the case; had no conversation whatever about the case; we came on to Macon City and went to St. Joe; the reason why we didn't go to Linn county was because the sheriff got word there was a mob forming down there at Brookfield and Milan and Browning; we stayed in Macon City until midnight that night; we got there about dark that evening; we then went south from Macon City, I don't know how far; we didn't go by Kansas City; we got our breakfast at Lexington Junction and from there we went to St. Joe; we got to St. Joe just before noon I think; we remained at St. Joe until December 10th then we were brought back to Linneus and from Linneus to here where we have been in jail ever since. TESTIMONY OF DAVID CHANEY. I live at Browning; have lived there about 3 years; I know James Harris; have been acquainted with him about 5 years; have lived about the neighborhood of Purdin about 23 years; I knew Jim Harris during that time; know his general reputation for truth and veracity; it is bad. Have lived in the settlement for 22 or 23 years; have lived in the neighborhood of Purdin 13 years; work by the day's work for a living; don't know that me and Jim Harris were any more intimate than anybody else; have been at his house frequently but not so often as he has been to mine; we were always friends. - TESTIMONY OF JOHN EATON. º I reside at Purdin, have lived there about 5 years; know Jim Harris, have known him between two and –77– three years; he has been living in that vicinity all the time; do not know his general reputation in the neighbor- hood for truth and veracity. DE POSITION OF A. G. CRAVENS. V. M. Conkling offered in evidence the deposition of A. G. Cravens, taken in the office of S. W. Woods, in Arkansas, on the 16th day of July, 1894, as follows: My name is A. G. Cravens, reside in Marion county, Arkansas, am 55 years of age, am slightly acquainted with the defendants; met them in Buffalo City in 1894: am acquainted with Jerry C. South; have been acquainted with him 5 or 6 years; I was present and assisted in the arrest of the defendants; I was pilot on the steamer, Myrtle, and was at Buffalo City at the time of the ar- rest of the defendants; Jerry C. South came on the boat and took me aside and asked me if there were two strangers in the city or about the boat; I told him there was, and south took a card from his pocket with a print- ed reward of $2,100 on it; also had a picture of two men; South said, “Let’s arrest them for what there is in it.” I replied, “Alright, I will go into it and we will make the arrest.” South said, “Let's go to the store.” We went to the store and talked with them; awhile after I went down to the boat and South came down and called me out and said, “Let’s go and make the arrest.” We went to the store together, and got a double barreled shot gun and the two Taylors got up and walked off to- wards the hotel; when they had gone 30 steps we fol- lowed them, and Mr. South called them to halt and they immediately stopped and went back towards us; South was on one side of the road when they came up and I was on the other; South told them to consider themselves. –78– under arrest; I asked Wm. Taylor if he had any arms; he said that he had a pistol; he dropped his hand down to his side; he made an effort to get the weapon, and I took the pistol; when we arrested the defendants South did not draw the gun on them nor any other time; South did not ask them at any time to throw up their hands; he did not run aften the defendants; when they were ar- rested we walked back to the store; after the conversa- tion in the store we went back to the hotel and had sup- per and came on back to the boat; we started to Bates- ville with them on the steamer Myrtle; while we were goidg to Batesville there was no watch kept over them at all. TESTIMONY OF WIM. P. TAYLOR. Q, Mr. Taylor, are you one of the defendants in this case? Yes sir. - Q. What is your name? Wm. P. Taylor. Q. Where did you live prior to this time? I lived in Browning. - Q. How old are you? I am 33 years of age. Q. What hod been your occupation during the past few years? For the last ten years I have been practicing law, part of the time in a bank; I also trade around some on the outside; do a little bit of farming. Q. Are you a married man? Yes sir, I have a wife and three children. Q. Where were you on the 10th of May, 1894? I was there in Browning. Q. You can state whether or not your brother Geo. Taylor came to Browning that day? He did along in the evening, probably 4 o'clock. Q. What, if anything, did he bring with him? He –79– brought up some wagon wheels in his wagon to the shop, which was near the bank door. Q. State if you know whose wagon and team he was using. Q. What was done with the wagon wheels and team? The wheels were taken out and left in the shop; I rolled part of them in; then we drove the team up to my place and put them in the stable; that was in the neighborhood of 4 o'clock. Q. After you put the team up, what did you do? Went back to town, I think. Q. About what time did you close your bank? About 4 o'clock usually; think they had about closed the bank as we stepped out. Q. How long did you stay at the house before you went back to town? Not very long; just long enough to unhitch the team and tie them in the barn. Q. Then what did you do? Went back down to the bank; I was kinder loafing around town; George wanted to go back to see about something, and give some instructions about the wheels, but the shop was closed. Q. Was there many people around town that even- ing? Well, not a great many, just the usual crowd. - Q. State whether or not you and George were on the street until you went home? Yes sir, we were in the office together; I did not go on the street very often my- self, I usually stayed about the office pretty close. Q. Do you remember whether you and George were together most of the evening? We were together all the time he was at the office, but when he was in town he was alone part of the time. Q. State whether George Taylor took supper at your house that evening. He did, –80– Q. About what time? Well, it was nearly night; I don’t know the hour. Q. What did you do after supper? After supper we talked a few minutes and he took his team and start- ed home. Q. There has been something said here about some quilts being thrown into the wagon as he left the prem- ises that evening. Yes sir, it was one quilt and a horse blanket. I did it myself. Q. For what purpose? For him to take them home; they belong either to him or my father. Q. How did they happen to be at your house? In passing back and forth they would bring things and for- get them. Q. What did George do then? He got in his wag- on and drove towards home. Q. What did you do after George left? I went into the house and stayed a little while and from there down town to the bank. - Q. Were your bank and law office together? Yes sir. Q. State to the jury how long you remained at the bank and office? I don't know just what time I got there, but when I left for home it was pretty late; it might have been ten o'clock, I guess. Q. When you left the bank building, state if you met anybody? I met Mrs. Van Wye and her daughter; they were going east. Q. Did you speak to them? I barely spoke and passed on; that was all. Q. Where did you spend the balance of the night? At home in bed. - Q. Some gentlemen testified about seeing you early –81– in the morning on the back end of your lot? Quite like- ly he saw me; I had to go through my lot to the barn; the barn sets on the north end of the lot. Q. State whether you kept any cows or horses about your place. I kept a cow and a horse. Q. What did you do that morning before breakfast? I tended to the milking and fed my horse that morning. Q. About what time was it in the morning when you did the work? Just as soon as I got up; I would suppose it was between 5 and 6 o'clock. I can only guess at it now- Q. What did you do after the work was over? I ate breakfast. - Q. Was that before or after you did this work? I ate breakfast afterwards. Q. Some gentlemen testified about your going to your well that morning and saw you washing in the kitchen. I expect he saw me, as that is where I usually washed in the morning. Q. Do you remember of seeing anyone that morn- ing? I don't say that I do; the house extends over the well; there was a window over the well, and he had to stop right under it to get the water. Q. Do you suppose you was washing that morning? Yes sir, I was. Q. Were you down town that morning before breakfast? Yes sir, I was. Q. About what time was that? I don't know; I would say six or seven o'clock. Q. Was it before breakfast or after? It was be- fore breakfast. Q. What did you go for? I went to one of the stores to get some soda. –82– Q. Do you know what store it was’ Yes sir, it was a store run by Mr. Moore, I believe. - Q. After eating breakfast, state to the jury what you did? I propably stayed around the house for a lit- tle while ond then went to my office. I don’t remember doing any work after breakfast at all. Q: What time did you open the bank in the morn- ing? The usual hour was about 8 o'clock. Q. State whether you saw George Taylor that morning? Yes, I did. Q. State whether or not George Taylor made a re- port to you of a discovery down on his farm? Yes sir, he did. - Q. State whether you find he had a conversation about it? Yes sir. Q. State also what conclusion you came to as to what you should do? We concluded to get our horses and stay out of sight. Q: Why did you come to that conclusion? We were afraid there would be great excitement about the matter and we would be charged with the matter, and there would probably be foul play. Q. What did you do then? We saddled up our horses, or rather mine, and rode off. Q. Where did you go to? We went from town down to the timber where my father and the boys were at work. - Q. How did you know they were in the woods? George had informed me that they had gone to the tim- ber to pile up wood. Q. What did you do with the horses? We left them with our father. - –83– hotel. Q. Did you have much talk with your father? No sir, but few words, - Q. Did you inform your father of what you had heard? No sir, we did not. Q. Did you give him any information as to what you were doing that for? (Objected to by prosecution. Objection sustained.) Q. About how long do you think you stayed there? Well, it was a very short time; I wouldn't suppose that we were there as long as 5 minutes. Q. State what you did with your horses? We left them there in his care and then we disappeared in the woods. Q. Did you not afterwards meet Mr. South in Arkansas'? We did. Q. State whether or not you surrendered to Mr. South? Yes sir, we first met him at Buffalo City; the first time we met him was some time before we surrend- ered to him. We were introduced to him at the hotel. Q. By what name? By the name of Price. Q. Your brother by what name? By the name of Edwards. Q. You were introduced to him and had some con- versation with him? Yes sir, a few words that day. Q. When did you next see him? He next came back there on Saturday evening. Q. Was that the evening you surrendered to him? Yes, he came there in the middle of the evening; we were up at Mr. Johnson's store; up a little from the Q. Did anything occur between you and him there? Yes sir, he came out to the well at the house and he beckoned to us to come over, with his hand; we were –84– sitting on the front porch of the store that faced the east; we walked over to the house where he was at, and began to talk. Q. Was that before the arrest? That was before the arrest- Q State whether you informed him who you were? We did. Q. Told him you were the Taylor brothers? He first said, “I thought I knew you boys,” but he says, “I guess I am mistaken,” then he showed us our photographs; they were only small pictures on a card, with a descrip- tion and something about the reward. - Q. You say you made arrangements there to sur- render to him? Yes sir, we made the arrangements that evening, and he was to divide the reward with us; that was the understanding between us and Jerry South. Q. State what occured at the time the arrest was made? We talked there awhile and he went down to the store, east of the house; he went down there, and after awhile we went down; we had another talk there at the store; then he went down to the boat, and got this captain to witness the arrest; we started back to the house and as we were going back the arrest was made; he followed us, held a loaded gun in his hand, and we walked back to the store. Q. State where you spent the night? We slept that night in the office. It was fitted up with cots, for beds. Q. Who staid with you? South and Cravens. Q. State where you spent the next day? We went to Batesville on the steamer. We remained there for one night. It was getting dark when we arrived at Bates- ville; we put up at a hotel and stayed there that night, –85– and the next morning we took the train for Little Rock. Q. What time did you get to little Rock? Near In OOI). Q. Where did you stay at Little Rock? We put up at Gleason's hotel until Wednesday night. Q. State whether there was any convention in ses- sion in the city? There was a Democratic State Con- vention. Mr. South was a delegate from Baxter county. Q. State whether or not when you were at Little Rock you were guarded? None whatever; we put up at the hotel just as the other guests would; we came and went as often as we pleased. Q. State whether or not Mr. South was absent from the house? He was absent every night while we were there. Q. About how late would he stay out? Sometimes between midnight and morning, he would come in; he would often tell us where he had been. Q. During the time he was absent at night, state if there was a guard around you? There was no guard ºthere. Q. You left Little Rock when? Wednesday night; it was about dark when we left there; we took the Iron Mountain train to St. Louis, Q. From Little Rock where did you go? To St. Louis. We rode in the coaches as other passengers would; we were both in one coach and Mr. South was in another. Q. After you got to the city, where did you stop? We were met at the depot by Sheriff Barton and went from there to the police station. Q. How long did you stay there? We were there about two or three hours. –86– Q. Did you arrive there that morning? Yes sir. Q. Where did you go from police headquarters? We went back to the train, and took the train to Linne- us, going by way of Hannibal. - Q. Who all was on the train? Ben Pierce, and I think there was a young Winters, Mr. Isaac Gwinn, was there too. Q. In whose charge were you after you left St. Louis and before you arrived at Macon City? I hardly know; I suppose that would be surrendered by Mr. Bar- ton at St. Louis, but I don't know which one claimed uS. - Q. Mr. South has testified here as to the conversa- tion between you and him on that train; state what oc- cured between you and him on that train. There was no such conversation as he claimed there was; Mr. South did tell me what Mr. Pierce had said they were going to prove on us; he told us what he was going to do. Q. What reply, if any, did you make to him? I never made any reply at all; I listened to all I could get and said nothing; I never made any statement to Mr. South or any part of one, or to any one else, only that I was not guilty. Q. When you got to Macon City what occurred? We were taken off the train at Macon City by Sheriff Barton. Q. Did you know why you were not taken to Browning? Yes sir; mobs were reported as coming from Milan to Browning through Browning; two tele- grams that we knew of had been received by the Sheriff. Q. How long did you remain in Macon City? We staid there until Sunday; all that night; I think it was that day. Q. Then what did you do? Went South to Mober- ly and then to Centralia; we went west to Lexington Junction and from there to St. Joseph. Q. How long did you stay in St. Joseph.” Until the 10th day of December last; we was taken to Linneus and from there here. Q State to the jury whether you knew Gus Meeks? Yes sir, I did. Q. About how long had you known him? I had known Gus about two or three years. Q. State if you knew he had been to the peniten- tiary? Yes sir, he had been there twice according to his own story. Q. State whether or not he had been pardoned out? That was my understanding. - Q. State if you had any letters from Gus Meeks shortly before this murder? Yes, I did. (Letter hand- ed witness.) Q. Look at this letter and see if you received this letter. I received that letter; it is Meeks' handwriting; it was received from him. (Letter read by Col. J. B. Hale.) MILAN, Mo., May 7th, 1894. W.M. P. TAYLOR: I will be in Cora tomorrow; come up on the freight without fail; I want to see you. - Yours as ever, G. Q. State whether or not you did anything in re- sponse to this letter? Yes sir; I went to Cora the next day as requested in the letter. - Q. Who did you see there? I saw Gus Meeks. Q. Anybody else? Yes, I saw a good many people around about Cora there. I went first to a store; one of –88– the men in the store took me to his house to see Gus, Q. State in connection with that whether you knew that Gus Meeks had been pardoned out of the penitenti- ary to be used against you as a witness? That was the COIn mon rumor. Q. Go ahead and state whether you saw Gus Meeks and what occured between you and him, I went up on the freight train that passed through Browning at 9 o'clock; I suppose it might have been 10 o'clock when I saw him; we talked from that time until noon. Q. What arrangements or talk, if any, was made between you and him in regard to him leaving the country? He told me that day that he had to leave the country; he said that he had committed a crime in Ohio, and they had found where he was, and was hunting him out, and that he would have to leave the country; he wanted me to let him have some money to get out of the country with; he had an insurance policy for, I think, $400; his house had been burned up; he wanted me to take up as much of the policy as I wanted of it, collect it, pay myself and send him the balance; he told me that day that he had made arrangements to get out of the country. Q. Go on and state, what, if anything, you agreed to do for him that day? I agreed to give him $50 and he was to sign me the insurance policy, and I was to take that up and collect it if I could, and pay him the balance. Q. State if that was an insurance policy with which you had something to do? I had given him the appli- cation; the application had come from a Chicago under- writer; I had given him an application; and he had got his insurance that way. –89– Q. State whether or not you paid him any money that day? I did not. Q. Was there any further understanding there at that time? No sir; he was talking about the reports that were going around about Milan about the sum that he was to receive; he told me that he had told it himself, that I was to give him $1,000 to leave the country. Q. You came back when? I came back to Brown- ing that evening. Q. State to the jury whether or not you heard any- thing more from Gus Meeeks between that and the 10th.” Yes I did; it was on the next day, I think it was, that I received a letter to meet him at Cora again. Q. Do you know anything about the letter? No sir, that letter is lost; I have had my folks search for it; it was left there in my office with other letters, but this one could not be found. Q. State the purport of that letter. It was almost the same as the other one, and requested me to come to Cora the next morning; come up on the 10 o'clock freight; the freight got to Cora about 10 o'clock. Q. Did the letter state anything more than for you to meet him? No sir, that was all; that is the sub- stance of all of it; I cannot remember anything else. (Letter handed witness.) Q. Look at that now and see who wrote it? I wrote that note. Q. State to the jury whether or not this note was written in response to the letter you received? Yes sir, it was; merely a reply telling him I would be there. Q. State, Mr. Taylor, whether or not you have ever seen Gus Meeks since that time? No sir, I have not. Q. Have you seen any of his family? No sir, ex- cepting the little girl; I suppose it was his little girl, as they said so; I don't know. CROSS-EXAMINATION. Q. You say this letter was received at Milan on the afternoon of May 10th, 1894? In the afternoon I reckon. Q. What time did the train pass Browning at that time? A little after noon; perhaps in the neighborhood of one o'clock. Q. It is an hour's run from Browning to Milanº No it is not that long, probably a half an hour; it is a half mile from the depot to the post office at Milan, and it possibly took an hour to get the letter there; it is 12 miles to Browning by rail and 14 miles by wagon road. Q. It is 114 miles by rail isn't it? It is the talk that it is 12 miles by rail and 14 miles by land. Q. This letter appears not to have been addressed to anybody? No sir. Q. No name is signed to it? No sir. It is written “be ready at 10 o'clock, everything is right,” that's the wording of it? Yes sir, that is correct. Q. Not addressed or signed by any one? No sir. Q. Is that your handwriting? Yes sir, I wrote the letter. Q. On the letter head of the Peoples' Exchange Bank? Yes sir. Q. So it didn't start up there until the afternoon of May 10th.” I suppose not. Q. What train came down from the north and east that passed Cora at 10 o'clock? None unless it is an extra. –91– Q. You say that on the evening of May 10th you were at your home in Browning and George Taylor took supper with you? Yes sir. Q. Who else was there? My family. Q. Consisting of your wife and three children? Yes sir? Q. And you ate your supper about sundown? Long there; I am guessing at the time; I don't know exactly. Q. And you and your brother George talked a while then? Yes sir. - Q. Then he hitched and started off? I helped him hitch. Q. And you put these covers in the wagon bed that are mentioned here? Yes sir. * ºx- * º: º: * * º: * Q. About this letter? Yes sir, we had that talk; I don't know whether the sheriff was by or not, I would not say whether he was or was not. Q. You say there was some talk at Milan about you paying Gus Meeks $1,000 to leave the country? I never talked to Gus Meeks at Milan. Q. Was there such talk at Milan that you was to give him $1,000? Gus Meeks told me there was. Q. That was the talk at Milan? Yes sir. Q. How long was that before this letter was writ- ten? That was the day I met him at Cora, May 8th. Q. You claim you received a letter on the 9th? Yes sir. Q. What time did it get to Browning? It came down on the evening after the train went north in the neighborhood of 3 o'clock; the letter reached me in the neighborhood of 4 o'clock. - –92– Q. This letter that was signed with three crosses would have gotten to Milan the next afternoon? Yes sir. When you and Gus met at Cora you say you left the station at the same time? Yes sir. Q. Did he get on the train? That is my impres- sion; I saw him going towards it and I never saw him after it left. I suppose he did. Q. How did you go home? Went a foot. Q. How many miles is it from Cora to Browning? About 6 miles down the railroad track. Defendants by their council here offered in evidence the deposition of Mr. and Mrs. Gleason of Little Rock, Ark., for the purpose of contradicting Jerry South. Which deposition the state objected to for the reason that they were wholly immaterial. Which objections the court sustained. W.M. P. TAYLOR RECALLED. I heard the testimony of Alf Dillinger in regard to some threats I made; I remember the day I saw him at Cora; there was a good many people around and I was not talking to him any more than anybody else; and I made no such threats as he related. I did ride out with Lee Phillips to Browning and I had a conversation with him about a trip to Oklahoma and I know 1 never told him I would kill Gus Meeks or any other man; and I am quite sure I never told Mr Jas. Merrick in the lodge room that I was going to kill or shoot Gus Meeks nor did I ever make any such threats to any man; I don't think I ever had a conversation with Mr. Burdette in my life. TESTAMONY OF MATTEILAS MARTIN. I Live about 4 mile east of Browning; and I live on the public road leading from Browning to George Tay- lor's residence; I know the defendant George Taylor; I was at home in the evening of May 10; was in Browning that after noon and saw him there; I left Browning be- tween the hours of 7 and 8 o'clock, before sundown, and got home before sundown, and was out in the northwest corner of my yard from that time on until it was dark, when I went in. I usually went to bed about 9 o'clock; could see the public road from there easily; I never saw George Taylor pass that evening; and if he had I think I would have seen him, 1ſ he had passed while I was out there. After I had eaten my supper I went out in the yard; that was before sundown; and I stayed out there about an hour and went into the house. I never looked at the clock. TESTIMONY OF GEORGE ROSS. I reside in Linn County, Mo., a little over of a mile from George Taylor's, northwest of him; my house is on the west side of the road: I have a barn which is on the east side; I can see plainly the public road lead- ing from Browning to George Taylor's from my house; I met George Taylor that afternoon of May 10, going to Browning; I was coming from Browning; I was at home between sundown and dark; I didn't go to bed until half past 10 or 11 o'clock; my wife was sick; I was sitting on the poarch all the time nearly until I went to bed; I was in the house just a few minutes; I saw Herman Alexan- der pass and two of the Gooch boys, but I didn't see George Taylor pass that night while I was there. –94– TESTIMONY OF BIYTHE M'CULLUM. I am acquainted with Mrs. Van Wye and her daughter Alpha; I am a brother-in-law of hers; on the evening of May 10, 1894, she and her daughter might have been there, but they didn't stay all night; it must have been about sundown if they were there at all; I was in the house all the time, except for a little while I was out. My wife was sick with a cancer at that time; but my sister-in-law and her daughter didn't come over every evening to dress it until about two weeks before she died; and then she came nearly every evening, or every other evening, to dress her cancer; I couldn't say whether they were at our house the fifth of May, or the seventh, or the thirteenth; I don't remember what time they left on the evening of the thirteenth—don't remem- ber anything about it; Mrs. Ogle was living with me, and the old gentleman, too; she is about 77 years of age; she was living at Marcelipe the last I heard of her; I don't know where she was living at the time her deposi- tion was taken, for I don't know when that was; I swear that Mrs. Van Wye and her daughter didn't stay all night there the night of May 10, 1894. The fact that we heard of the murder the next morning impressed it on my mind, and Mrs. George Ross was there that night; she is in town now. TESTIMONY OF EDWARD PULLIAM. I live in Browning, and lived there in May, 1894; I was in the restaurant business at that time; I occupied the lower part of the building and Mrs. Van Wye and family occupied the upper part. I saw Mrs. Mattie Van Wye and daughter Alpha leaving there for Mrs. Mc- –95– Cullum's between 7 and 8 o'clock; it was directly after supper, and they returned between 8 and 9 o'clock; I was out in the front of the restaurant on some style blocks and she came along and I says to her, I thought wou were going to stay all night, she said, we were, but Mrs. Ross was there and they said they thought they had better come home; Mr. B. H. Schooler was there with me and the ladies, and we talked until 10 or 11 o'clock. It was between 7 and 8 o'clock when they left, and be- tweeen S and 9 when they returned. TESTIMONY OF B. H. SCHOOLER. I was out in front of Mr. Pulliam's store on May 10, 1894; I got there about 25 minutes after eight o'clock; I live in Sullivan county and know Mrs. Van Wye; I saw them walking from the east coming towards us; asked Mrs. Van Wye how Mrs McCullum was; she said she was poorly, and they stopped and talked maybe 1 hours, I don't know how long; then I think they went up stairs; Mr. Pulliam told them he thought they were going to stay all night; they said they were but another lady was there and they didn't have to stay. TESTIMOMY OF MERS. W. D. MCPHETRIDGE. I now live in LaBelle, Mo.; in October and Novem- ber, 1894, I lived in Brookfield; I am acquainted with Miss Alpha Van Wye; she was in my employ in Brook- field in October and November; she worked for me four weeks; while she was working for me she stated to me that she did not know anything about the Taylor case; she went home from my house after a few dsys the first week; she returned to my house; when she returned she stated that she had had a conversation with Mr. Meyers; –96– she stated to me that Mr. Meyers said that Mr. Taylor had requested him to see me and my mother and see if we knew anything about the case, and if they did know they would not loose anything by it, she then stated to me that she did not know a Lord's thing in the world about the case; in two or three days after that she told me that she remembered at night that she had seen him at the bank when she was passing; she said that he came to her in the night two or three days after Col. Meyers went to see her; she stated to me that she either saw him in the window or in the door. TESTIMONY OF MER. GEORGE GOOCH. I reside in Linn county, in the south part; I live about a mile from George Taylor's house; am a son of W. T. Gooch; I live about three quarters of a mile from Mr. Jim Bailey's; on the evening of May 10, 1894, I was at Mr. Tully's; I went up there about half past three, Walter Gooch went with me; I went in a buggy: I saw George Taylor that evening; I caught up with him about a quarter of a mile north of his house; I left Mr. Tully's about 6 o'clock, to the best of my knowledge; from there I came down home, past Mr. Arnold's and past Mr. Jim Baileys'; I stopped a little while at Mr. Arnold's; I know Katie and Josie Bailey; I passed Mr. Jim Baileys' about sundown; I saw Katie and Josie Bailey; they had just got through milking; they had just gone out of the milk lot and started to the house with the milk; the milk lot was east of the house about 50 yards; the milk lot was on the north side of the road; Walter Gooch was with me, from there we came on down home; I was about 20 feet from the corner; I live about 3 or 4 miles from Mr. Jim Baileys'; the girls –97– were carrying the milk in buckets; they had just gone out of the milk lot, and started to the house with the milk. TESTIMONY OF WALTER GOOOH. On the evening of May 10, 1894, I went over to Mr. Tully's; George Gooch, a cousin of mine went with me; I saw George Taylor that evening; I went up the road behind him that evening; I returned from Mr. Tully's that evening about dark, I saw Geo. Taylor between three and four o'clock; he was going north; I left Mr. Tully's between an hour and a half of sundown; from there I went home; on the road I stopped at Mr. Ar- nold's; that is about one and a half miles from Mr. Tully's, southeast; I passed Mr. Jim Bailey's that even- ing; he lives southeast from Arnold; I am acquainted with Katie and Josie Bailey; I saw them that evening; they had been milking and had gone out into the road; that was about sundown on that evening, nobody was with them but their mother; the milk lot is east from Bailey's residence, on the north side of the road; from there we went home; I went to my uncle's that night. TESTIMONY OF MISS MAUDE ARNOLD. I reside about three quarters of a mile from George Taylor's place; my home is about a quarter of a mile from Jim Bailey's place; he lives southeast from our house; remember the evening before the Meeks family were murdered where I was; was at Mr. Jim Bailey's; was out that evening about sundown; saw Mr. Jim Bail- ey go down home; he went down towards his home about sundown; just after Mr. Jim Bailey, Mr. Herman Alex- ander passed in a wagon; after that I did not see any one pass; saw Walter and George Gooch that evening going to town; was at Mr. Bailey's before supper time on that evening; went home about 5 o'clock; Herman Alexander went down in his wagon after supper time; was up that night until about 10 o'clock or after; our house is 30 or 40 feet from the road, expect; after Her- man Alexander went down the road in his wagon, I did not hear any other. TESTIMONY OF E. L. JONES. I reside in Purdin and have lived there two years, prior to that I lived on a farm about 3 miles northeast of Purdin; I am acquainted with Dave Chaney and have known him four or five years; I am acquainted with his general reputation in the community in which he lives for truth and veracity and it is bad. TESTIMONY OF MB, REEDY. I live at Purdin and am acquainted with Dave Chaney's reputation for truth and veracity in the com- munity in which he resides and it is not very good, TESTIMONY OF S. H. LENHART. I reside about 7 miles east of Browning; have lived there about 34 years; I am a fartner; I know Dr. Craig, of North Salem; and I think I am acquainted with his general reputation for truth and veracity in the communi- ty in which he lives; I have known him 3 or 4 years; his reputation is not very good. He is a doctor; has lived at North Salem three or four years, except about 6 months he went to Oklahoma; he has a wife there; I live about 3 miles from him; I never had him as physician; I have heard his reputation privately discussed for truth and veracity; I mean by that it was private talk no court or any thing like that; I don't know as I could name any particular time or oc- –99– casion; nor I don't know just now whether I can name an individual; I have called it in question myself and have told others; I have told a few persons and gave them my reasons for so doing; I don't think his reputa- tion started from that at all; Mr. Minor I heard talk of it; Kerr McCollum and Mr. Cooper; the question was up between Mr. McCollum and I; there may have been oth- ers present I don't remember of seeing any one else; I had occasion to discuss it for I told them my reason where he had betrayed my confidence, I don’t think I have said more about his reputation than anybody else; there is no bad feeliug between us; I haven't had no church trouble with him; there was no church trouble or about church affairs that he was connected with; we never had any trouble at all; I heard his reputation questioned for truth and veracity before I made these statements; his general reputation discussed before now; I can't name anybody in particular before that. TESTIMONY OF JOHN HUBLER. I reside in Morris township, Sullivan county, Mo I am acquainted with Dr. Craig from North Salem; have been for about four years; and I am acquainted with his general reputation for truth and veracity in the com- munity in which he lives and it is not good. TESTIMONY OF GARNETT ATKINS. I live at Green City, Sullivan Co.; I moved there in January 1894, from Browning; I am a son of Hiram At- kins and have known Mrs. Dave Gibson 23 or 4 years; I had a conversation with her at George Taylor's house and sho stated in that conversation that this murder was a sad affair and that they had George implicated in it; and she stated that the night of the murder she sat up —100– waiting for him until ten o'clock and he didn't come and she went to bed and that she let him in between four and five o'clock the next morning; she said she did not know whether he was guilty or not; she said she was awake defore he came in that morning and it was after four o'clock not yet five; she said she let him in; that was at George Taylor's on 21st day of May, 1894. TESTIMONY or E. L. HAys. I reside in Buffalo City, Ark, on the bank of White river on the south side of the right bank; have been there about 4 years; have various lines of business, mercantile mining and farming; have been a resident of the state about 8 years; have known Jerry C. South al- most since I have been in the state; the store is about 2000 yards from the dwelling house; have seen the two defendants since I came to town as they were going to and from the jail and recognize them as the same persons; they came to my place in the latter part of June; don't remember whether I introduced them to Mr. South or not; Mr. South was there several days after they came there; Mr. South came there and took dinner that day; the Taylor boys were at dinner or at the table when we got there and they left before Mr. South did; Mr. South was there only a short time that day; don't know that he and the defendants spoke that day; Mr. South came back the following Saturday; he got there long about 2 o'clock; he was coming in the store when I first saw him; he came across the river in the ferry which is owned by me; I guess my clerk brought him across that day, I don't know; he came to the store, went up to the house, went up with me, and the Taylors had gone over to the other store, Mr. Johnson's; we stayed up to the house to some little time, I don't know how long; the defendants were over at this other store at that time; while South was there I didn't see them come to our house; they went on by to the store, I returned to the store with Mr. South, and the defendants were in there; George I think was the one bought a pair of shoes; Mr. South went down to the boat about that time; the boat is called the Myrtle; Capt. Albert Cravens was running it at that time, was the pilot; the store was perhaps 75 yards from the river; Mr. South came back after going down there don't think he went anywhere from the store; yes sir he spoke to me of the identification of these men and show- ed me the pictures and afterwards showed them to my wife and children; there weerecards printed on them, just ordinary cards, giving their names and description; after he came back we went up to the house and waited for them to come back and he then went down to the boat to see Capt. Cravens as I understood and they came in the store and purchased a pair of shoes, that is George Taylor did, and started back towards the hotel; and then Mr. South came back and ran in the store and got our gun and went on after them, got them out and told them to halt and come back; they had gone about 75 yards and he went about half way to meet them probably 25 or 30 yards from the store; he went after them in some- what of a hurry; the store fronted northeast; Mr. South went on the opposite side of the road; Mr. Cravens was a little farther along than the rest of the people round there; I was on the platform in front of the store; Mr. Cravens was perhaps 15 feet ahead of the rest; Mr. South told the defendents to hold up and come back, that he wanted to talk to them; he had Greener's shot gun, a pretty good gun and he rested it on his arm in good —102– using position. He told them to hold up and come back and they came back; he asked them then if they had any weapons and Bill said he had a pistol and went to put his hand in his pocket after it and South told him to take his hand out of his pocket and asked Mr. Crav- ens to search him and take the pistol away from him, which was done; the other one said he didn't have any weapons but Mr. South told Cravens to be on the safe side and search him and they found a rather large knife in his pocket. After that Bill Taylor said he would like to speak to Mr. South and South gave his shot gun to Mr. Crav- ens and he and Mr. South then went around to the side and had some conversation; they had some conversation and then went to supper; I heard the oldest one ask him what ground he had to arrest them that he was running a risk; South said he wasn't afraid of that and showed the oldest one the pictures and the other then went up and looked at the pictures aud he wanted to know if this picture looked like them that he thought it looked about ten years older; I wasn’t trying to hear what was said just heard them saying that, that was about all that I heard; the two defendants talked with Mr. South probably 10 minutes; that night Mr. South and Cravens guarded them; I was in there once or twice myself, they had two pistols in the house wrapped up in some cloth- ing or bundles of some kind. South never called the two Taylor boys over from the store to my house to my knowledge; they never did to my knowledge go out un- der a shade tree with Mr. South I don’t think there was any opportunity for a conversation between the two defendants and Mr. South never came to my store that afternoon and had a conversation together. –103– TESTIMONY OF N. J. WINTERS. I live in the city of Milan; have lived there about 25 years; last year I was Deputy County Clerk; the year before that I held the same position; two years before that I held the same position; I occupied the same position for eight years; I was Sheriff and County Clerk there also; I know D. H. Schooler; I have known him a number of years; he lived here in Milan 5 or 6 years, I am acquainted with his general reputation for truth and veracity in this community; I have heard it questioned; it is not very good. TESTIMONY OF JESSIE BAILEY. I am acquainted with George and Walter Gooch; I know them; I did not see them going north on the road by our house on the evening of Thursday, May 10th, 1895; I do not remember for certain; I was at school and I don't think I saw them, I did not see them go south in the evening; they did not go past our house I am certain while I was milking; they did not pass by me going south that evening at any time when I was having any thing to do with the cows or the milk buckets; there : is a gate in front of our yard; that is on the west side of the road; after you get over on the east side of the road where we did the milking there is no gate over there; there is no gate on that side, but there is a gate a half of a half a quarter north; it was just west of that we did the milking; it was hot at the gate; I cannot tell you how far it was from the house, it was over a half of a quarter. TESTIMONY OF MISS KATIE (3 AILEY. I am acquainted with George and Walter Gooch; recollect of seeing them go down past our house that —104– evening on the night of the killing, towards Browning; I did not see them going south that evening; when me and Josie were going out to milk or while we were out there, or while we were coming back, or when we had anything to do with the cows or milking, George and Walter Gooch did not pass down the road; if they did I did not see them; there is no gate in front of our house; there is a place for one, but there is no gate there; in- mediately on the east side of the read to where we did the milking, there is no gate of any kind, nor never has been; it is a half of a half of a quarter due north of the house be- fore there is a gate. MRS GEO. TAYLOR RECALLED. I was present at my house on or about the 21st day of May, 1894, at the time Garrett Adkins and the de- tective and the United States marshal came to the house; Garrett Adkins and my father came into the house at that time; I was present during the conversation that occurred between Garrett Adkins and my mother, Mrs. Gibson; there were very few words said; there was not a word said about my husband; my mother did not say a word to Mr. Adkins or in his presence or hearing on that occasion about what time my husband, George Taylor, came home on the night of May 10th, 1895; there was not a word said about it; he never said a word about it. At 2 o'clock the judge adjourned court until morn- ing, giving the attorneys time to prepare their instrue- tions. Five hours will be given to each side to argue the case. Owing to M. D. Wilson and James F. Graham being sick only four attorneys made speeches for the —105– defense, Col. Hale, Virgil Conkling, R. F. Lozier and Ex-Senator Stephens. INSTRUCTIONS FOR THE STATE. STATE of Missou RI VS. GEORGE AND WM. P. TAYLOR. The court instructs the jury that if they believe and find from the evidence in this cause beyond a reasonable doubt that the county of Linn and state of Missouri the defendants, Wm. P. and George E. Taylor, or either of them, and the other present, aiding, abetting and con- senting thereto, did on or about the 10th day of May, 1894, feloniously, wilfully, deliberately, premeditately and of malice aforethought, killed and murdered one Gus Meeks in the manner and form charged in the in- dictment, you should find the defendants guilty of mur- der in the first degree and so state in your verdict. The jury are the sole judges of the credibility of the witnesses and of the weight and value to be given to their testimony. In determining such credibility, weight and value the jury may take into consideration the char- acter of the witness, their manner on the witness stand, their interest, if any, in the result, their relation to or feeling for or against the defendants or deceased, the probability or improbability of their statements, as well as all the facts and circumstances given in evidence in this case, and in this connection you are instructed that if you shall believe from the evidence that any witness or witnesses have wilfully testified falsely to any material fact in this cause you are at liberty to disregard the whole or any part of such witness or witnesses' testi- mony. —106– The court instructs the jury that under the laws of this state the defendants and Della Taylor, the wife of defendant Geo. E. Taylor, who have testified in this cause, are competant witnesses to do so, but the fact that the two defendants are on trial and that Della Taylor is the wife of the defendant Geo. E. Taylor, may be taken into consideration by the jury, as well as their interests in the result of the trial, in determining what weight, if any, should be given to their testimony. The court instructs the jury that by the term “reas- onable doubt,” as used in the instructions in this case, is meant a substantial doubt arising from the insufficien- cy of the evidence, and not a mere possibility of the de- fendants’ innocence. The court instructs the jury that flight raises the presumption of guilt, and if in this case the jury believe and find from the evidence that the defendants, after the homicide of Gus Meeks, alleged in the indictment, and after defendants knew that other persons had knowledge thereof, fled from the state of Missouri and went into the state of Arkansas and were there introducing them- selves to strangers under the assumed names of Price and Edwards, and that this was done to avoid being identified and also to escape arrest and trial for the mur- der of said Meeks, then the jury may take said facts into consideration in determining the guilt or innocence of the defendants. - The court instructs the jury that if they find the de- fendants guilty, their verdict shall be in the following form: We, the jury, find the defendants, William P. and George E. Taylor, guilty of murder in the first degree, –107– in manner and form as charged in the indictment. (Signed) Foreman. INSTRUCTIONS FOR DEFENSE. The indictment in this case is a mere formal charge or accusation against defendants, and of itself is no evi- dence whatever of their guilt; and no juror should per- mit himself to be in any degree, or any extent, influ- enced by it. The court instructs the jury that they are the sole judges as to the weight of evidence and the creditability of the witnesses, and if they believe that any witness has wilfully sworn falsely to any material matter in contro- versy, then the jūry are at liberty to disregard or reject the whole or any part of the testimony of such witness. In determining the credit of any witness and the weight to be attached to his or her testimony the jury should, in connection with all other facts and circumstances proven, take into consideration the conduct and appear- ance of such witness on the stand, the interest of such witness in the result of the trial, the motives actuating such witness in testifying, the probability of the state- ment of such witness and his or her inclination to speak truthfully or otherwise as to matters within his or her knowledge. It is the duty of the court to instruct the jury as to the law arising in this case, and it is the duty of the jury to respect the instructions of the court as to the law of the case, and to find the defendants guilty or not guilty according to the law as delivered by the court, and ac- cording to the evidence as they receive it from the wit- ness under the direction of the court. The jury have no –108– right to permit any consideration of public policy or over-anxiety to enforce the law to influence them in the fair consideration and decision of the case, otherwise than strictly in accordance with the evidence in the *Ca Se. If the whole evidence in this case leaves the minds of the jury is such a condition that they are neither mor- ally certain of the defendants' innocence nor morally certain of their guilt, then a reasonable doubt exists and the jury must give the defendants the benefit of such doubt and acquit them. Under the law of this state each of the defendants is a competent witness to testify in his own behalf and in behalf of his co-defendant, and their evidence cannot be disregarded because they are the defendants and stand charged with the commission of a crime. The law pre- sumes the defendants to be innocent of the crime charged and as they are all competent witnesses under the law, you should therefore, fairly and impartially weigh and consider their testimony, together with all other testi- mony in the case. The court instructs the jury that the defendants in this case are charged with the murder of Gus Meeks only, and in determining their guilt or innocence the jury must not take into consideration the killing of any other member of his family. - If, after fully and deliberately weighing and con- sidering all the evidence before them in this case, the jury entertain any reasonable doubt of the defendants: guilt they must give them the benefit of such doubt and acquit them. A juror is understood to entertain a reas- onable doubt, when he has not an abiding conviction of - —109– mind founded on the evidence to a moral certainty that the defendants are guilty as charged. Flight, unexplained, raises a presumption of guilt; but flight which is accounted for from motives other than those avoiding arrest and trial raises no such presumption. Although therefore the jury may believe from the evi- dence that after the discovery of the death of Gus Meeks. the defendants fled from their home; yet if the jury further believe from the evidence that the defendants fled, not to avoid arrest and trial, but to save their lives from mob violence, then the mere fact of their flight cannot be considered by the jury in determining the question of the defendants' guilt or innocence of the of fence charged. Under the laws of this state the defendants are pre- sumed to be innocent of the crime charged against them, and so strong is that presumption that it clings to them, surrounds, shields and protects them, throughout the en- tire trial of this case and until such presumption is over- come by evidence which proves their guilt beyond a reasonable doubt. Such evidence in order to warrant a conviction must be clear, satisfactory and abiding, fully satisfying the mind and conscience of each and every juror. It is not sufficient in a criminal case to justify a verdict of guilty, that there may be strong suspicion, or even strong probabilities, of guilt, but the law requires proof by legal and creditable evidence of such a nature that, when it is all considered, it produces a clean, un- doubting and entirely satisfactory conviction of the de- fendants guilt. The burden of proof is upon the state to make out and establish by the evidence beyond a reas- onable doubt and to the satisfaction of the jury every fact and circumstance necessary to prove their guilt; and –110– unless their guilt is so established the jury must find them not guilty. The court instructs the jury that evidence of alleged declarations, confessions or conversations, of either of either of the defendants should be received by the jury with great caution, taking into consideration the liability of witnesses to forget or misunderstand what was really said, or their liability to misquote the language used; also the possible failure of defendants to have expressed their own meaning, or failure of the witness to have un- derstood the meaning intended to be conveyed; coupled with the weakness of human memory and the probability of the witness intentionally changing or altering the ex- pression used. The prosecution in this case seeks a conviction upon circumstantial evidence alone. The court, therefore, in- structs the jury that they cannot convict the defendants unless the state has proven their guilt from the evidence beyond a reasonable doubt, by fac's and circumstances, all of which are consistent with each other, and their guilt, and absolutely inconsistent with any reasonable theory of their innocence. It is not sufficient that the circumstances proven may co-incide with, or account for, and render probable the guilt of defendants; but these circumftances must also exclude to a moral certatnty every other theory of their guilt. The law requires the prosecution to prove the de- fendants' guilt beyond a reasonable doubt, but it does not require the defendants to prove an alibi beyond a reasonable doubt. Although the evidence of an alibi falls short of the weight of moral certainty as to the ex- istence of the alibi, yet, if it leaves in the minds of the jury such donbt or uncertainty; that, if taken by itself –111– they could not find for the alibi or against the alibi; then the jury must carry such doubt into the case of the pros- ecution and array it there as an element of the reason- able doubt beyond which the prosecution must establish guilt. The defendants are entitled as much to the bene- fit of such doubt as to any other doubt raised by the evidence; and if its weight alone, or added to that of any other, be sufficient to raise a reasonable doubt as to the defendants' guilt, then the jury must acquit them. —112– ATTORNEYS SPEECHES. The crowd in the court room filled every nook and corner. People stood up on chairs and benches, the ladies were in the majority and they nearly took posses- - sion of the court house, and several invaded the Judge's stand and from this point of vantage surveyed the scene. The only clerk not disturbed by the crowd was Circuit Clerk Higginbottom; his desk is surrounded by a high railing and there is plenty of room for two; the ladies only wanted an invitation to invade this territory and if they bad they would have been welcome, but Mr. Higgin- bottom is a bashful bachelor and he could not ask them to share his lot neither at that time or the future. Sheriff Standley is also a bachelor, but he was sand- wiched between two of the fair sex and could not move. At 8:20 the prisoners were brought into court, accom- panied by their families, all of whom took seats near the jury. At S:30 Judge Rucker pushing his way into court at once begun business. He gave the attorneys their in- structions and asked that they be read to the jury. At- torney Breshnehan read the instructions for the state and Attorney Lozier for the defense. After stating that each side had seven hours, the argument began. –113– SPEECH OF T. M. B.R.E.S.H.NEHAN. May it please the court and gentlemen of the jury: Something over a week ago this morning I spoke to you for the first time in my life; I was then a stranger to you; since that time each and every day and hour we have been in the presence of each other trying the facts and the evidence as detailed by the witnesses in this most terrible tragedy until I now feel that I am acquaint- ed with you. I feel that I know you and that you know me. I have learned your names; I would know you here and hereafter if I should meet you in years to come, on the other side of the continent; I will never forget your faces, Gentlemen of the jury you have listened to the evidence here with a perseverance I might say in a manner that indicates and shows that you are seeking the truth. That you are endeavoring to ascer- tain, if possible, the facts in this case and hear both sides of it; you have listened now some 12 hours to argument of counsel on both sides in this case. Gentlemen of the jury, it occurs to me that everything has been said that could be said, that every point has been covered by the argument of councel for the state. But I am directed by my people of Linn county, commissioned to come be- fore you and tell you again the story that has been told you by the witnesses of what occurred on May 10th, 1894, prior to and subsequent connected with this case. Counsel for the defense have said that it is the duty of the prosecuting officer to come before you with clean hands; that the office he occupied and the oath he has taken compels him on his oath of office and on his con- science before his God to protect the innocent as well as prosecute the guilty. That was told you in the eloquent —114– language of a man that lives in Carrollton. Gentlemen of the jury, since I first took the oath of office nearly five years ago, I have always felt it incumbent on me to bear in mind that obligation I owe to the public not only to prosecute crime but to stand between the innocent and their accusers and keep injury from being done them. My friend Mr. Lozier says that is the highest duty of a prosecuting officer and that the prosecuting attorney who does not do that is not fit for the office. I endorse what he says; but how can we reconcile that with the state- ment made by Col. Hale? He says that is nonsense and Conkling says that is nonsense; that I was a lawyer here in the case just as anybody else; the gentlemen for the defense have different ideas on that point. Gentlemen, I say my friend Lozier told you the fact; what he said was true. Mr. Conkling and Col. Hale told you that they never prosecuted criminals charged with crime; they tell you they would not accept a fee to prosecute a man for crime; I do not know gentlemen of the jury but that it is just as honorable for a man to accept a fee for as- sisting the prosecution, as accepting a fee for trying to do away with vice and crime and bring the criminals to justice, equalls as honorable as it is for these men to ac- cept a fee to prevent justice from being done. It seems to me that it is equally as honorable. But gentlemen there are other questions between these attorneys. There are other matters in which they differ, Col. Hale tells you, and gentlemen if there is a man in Carroll county that knows the emotions that fell from the breast of hu- man-kind, that is Col. Hale; he tells you he does not blame the good people of Linn and Sullivan counties in rising up in all their might and wanting to wipe out the perpretrators of this terrible tragedy; he tells you that –115– they are good men and true; he tells you he believes the same feeling would exist anywhere. Oh, how different are these words, true as they are, from those of other distinguished counsel in the case who vilify and attempt to abuse the good people of our counties because they were outraged by this terrible crime. But enough of that, gentlemen of the jury; you know the feelings that go through a community when such crimes are com- mitted. Gentlemen of the jury, I told you in my open- ing statement of this case that at the close of the evi- dence I would come before you, and unless the state had made out a case as strong as I then presented it I would not ask for a conviction at your hands. I say to you that I have done more than that; the state of Missouri has brought before you facts and circumstances that prove the guilt of these defendants as sure as the sun rose this morning. There can be no question. Gentle- men of the jury, let us see for a moment. Let us see some of the testimony in this case. I know you are tired of listening to arguments; you were kept here last nikht until after 11 o'clock; we had to stay here to hear the argument of counsel, and you are tired now and want to go to your room and deliberate on your verdict; I will not detain you long; I will try and relieve you from this terrible bore. I want to place before you a few facts and only a few and I will close. In the first place it has been the testimony here of witnesses uncontra- dicted that Bill Taylor had a motive for destroying Gus Meeks; the only man shown to have a motive for getting away with him. You know what the motive was; it has been testified too here by witnesses on the stand that Gus Meeks was a witness against him at Linneus and Milan. A witness against him. Then it was to the in- –116– terest of the defendant, Bill Taylor, to get him out of the way. He had that motive. Mr. Evans I ask you now, did he not tell Alf Dillinger, did he not tell'ſames Merritt, did he not tell Lee Philips, and did he not tell the blacksmith Burdette, did he not, using vile and pro- fane language, tell these men that we will kill him or get him out of the way? Did he not tell them that? They swear to you that they did. I know it is true, Bill Taylor said he did not. But will you gentlemen, he who is here charged with this crime, and swearing for his life, will you take his evidence and throw aside the testimony of these four good men from Linn and Sullivan counties; these disinterested parties and former friends of these defendants? Can you believe him? - No, gentlemen, you can't; we have the testimony of another gentlemen, Dave Pierce, that George Taylor said to him, “We will get him out of the way.” Dave Pierce stands here un- contradicted. So now I have shown you the motive and the threats. These men were friends that stood by him; but shocked and outraged by the enormity of this terri- ble tragedy and crime the story is finally told in court of justice. These threats are told here by parties to whom they were told. There can be no question that he made these threats. There can be no question but that the terrible motive that prompted him to do that was greater than that which prompts the thief to enter in the still of night and steal from underneath your pillow; I say to you he who commits a crime like that does not do it for gain. The motive that prompts the thief is to accumul- ate of this worlds goods with which to get the present necessities of life to satisfy the feeling of hunger and want, something of that kind, or to gratify an avara- cious passion, but the feeling that prompted Bill Taylor —117– to take the life of Gus Meeks was stronger and more potent than any motive that ever nerved the arme of a midnight thief, robber or highwayman. More potent, gentlemen of the jury, than any other power on earth; to wipe out the liberty is worse than taking the life; death is preferable to the restraint of one's liberty. We have the motive, all that; we hove the threat, what else have we? I mean we have the actual face, we have the motive and the threats, and we have the actual killing so plain it occurs to me that it is impossible to come to any ather conclusion. Let us see; Mrs. Meeks tells you that some time, a couple of weeks or such a matter, prior to this murder Bill and George came to this little cabin in Milan; George came in first, afterwards, when he could not succeed in getting Gus to leave the house, William came in. She swears to you, that old lady does, she tells you, here without a motive on earth, those who are near ann dear to her heart, the flesh of her flesh, the blood of her blood, all gone to the great beyond; no mo- tive in this, none whatever; she tells you here, that old lady now looking almost from the very windows of eterm- ity, she tells you that they were at her house in Milan; that they left there way about the middle of the night; that negotiations were being made for the payment of $1,000, a team of horses and a wagon; she tells you that was talked of there. Gentlemen, that is uncontradicted by any living witness; it must be true; these men were there; those men negotiated with Gus Meeks about two weeks before this awful night to take him away. Oh, gentlemen of the jury, let us see what was that crime? The court instructs the jury that foloniously means wick- edly, and against the admonition of the law; the term wilfully means not accidentally; the term malice afore –118– thought means that condition of mind which prompts a person to take the life of another without just cause or provocation and shows a heart devoid of social duty and fatally bent upon mischief. When they were there two weeks before this awful night what did they intend to do, what were they then planning? I do not think it was to get Gus Meeks to leave the country; they held that out to him as their object; that they would pay him to leave the country to avoid being a witness against Bill; they felt and knew he who would receive money to leave to avoid being a witness could not be trusted, or would be hunted down and brought back as a witness in the Milan court. No, gentlemen, I tell you that plan was concocted then and there. They were there, gentle- men of the jury; there is no one who says they were not there; Mrs. Meeks tells you they were there; take it for granted then of course they were there; what else have we got? I leave now the time they were there two weeks before the 11th of May. On the morning of the 11th, there appeared in the door yard of Mrs. Carter that little child there covered with dirt, with chaff, and with straw and blood; that little infant comes there and satisfies that good woman, she relates her story to her the best she knows how, that her little sisters were in the straw stack; Mrs. Carter then takes this little child in her arms, kind woman that she is, she sends this little boy, Jimmie Carter, 10 years of age, down there to a man harrowing in the field, to see if it was true that this little girl's sisters were lying in the straw stack. I think I can see Mrs. Carter sitting there on that fence now watching her little boy as he travels down through the field to see George Taylor harrowing. How intently does she watch his footsteps as they go from her; she –119– sees him go up to George Taylor harrowing in the field; she thinks now will they go to the straw stack? But no, her mind is riveted on that child and what was about to be transrcted; they go right on, not to the straw stack she tells you, she is sitting there in the fence watching them with a heart full of anxiety and care for the child; she watches them and is not mistaken. They go on, then start up the corn field from the meadow, turn there and go to the house. Major Mullins read to you Jimmie Carter's testimony last night; Jimmie tells when he went to George Taylor southeast of the straw stack on the line of the hºrrowing, he tells George Taylor a little girl had come to his house and said that her two little sisteas were in the straw stack; let's go and get them out. That little boy knows just what occured there. “No, I be- lieve we will let somebody else get them out; come and go to the house.” I can't imagine the feeling in George Taylor's mind at that moment. When they got over in- to the meadow and beyond the ploughed ground without turning around there, Mrs. Carter says they did not turn and Jimmie says they did not turn, they go straight ahead; straight on to the meadow, then George asks: “What did the little girl say about her p and ma?" “She said they were up yon der in the road.” Jimmie says that's what he told George Taylor; that he remem- bered what took place there, there can be no question. “What did she say about her pa and ma?' Who knew that her pa and ma were hid? George Taylor knew it. Teey go to the house; he saddles his horse and rides away to Browning. There he sees Bil"; a consultation is hurriedly had between them; another horse is saddled; they are on their way then. On their way, Mr. Morris, as soon as George can get Bill word and he can saddle —120– his horse. Who do they want to see and tell about it? Who has charged them with the crime; who has pointed a finger towards them? No one has done so; but yes, some more powerful, more omnipresent, more potent than a physical being is there pointing its long and bony finger at them; it was their own guilty conscience, if conscience they had; it was their own guilty knowledge I will call it for he who commits a crime like this had a conscience that was scared and utterly deprived of feeling. Their own guilty knowledge told them, your crime is discovered, go now, a thousand eyes are on you, a thousand eyes have seen that crime, is what the guilty mind would say; they fled, they fled. Gentle- men listen: these men left the town of Browning, went down to their father's place where their father and broth- er and father-in-law were working in the timber; they knew what was in there; they went down there, and it is the testimony of the defense, and they will not be heard contradicting it, it was the testimohy of Wm. P. Taylor, and the testimony of the defendants here, that they never told there what had occurred. God in Heaven, Gentlemen, should such a crime be known to you, and you were leaving the country, would you tell your fath- er, when you left him, and tell him you must leave, would you tell your brothers or your brothers-in law, or your father-in-law; would you say a word to them? They tell you they didn't tell their relatives what they were leaving for. They did not say we have discovered some dead people in our stack and the people are after us and we must go; why, they would have said that had they been innocent of the crime. Why, anybody on earth would have said it: Mr. Helm, if you had believed that somebody was trying to put up a scheme on you, leaving —121– your father's house, where your brothers-in law and father-in-law were, leaving the country for miles away, wouldn't you have told them that some one has put some dead bodies in my cellar and there is a conspiracy against me; of course you would have said some one is trying to ruin me, if you were going to leave at all, and if you were innocent of the crime. - When they left Browning, who was on their track? Who knew of this? Who said Bill and George Taylor committed this crime? Who accused them of it? They fled at once; they left the country without telling those who were near and dear to them why they fled or any- thing of that kind; was that all? The people gather in from the neighborhood around; the neighbors all came; they examined the straw stack and examined the wagon and harrow tracks. You have heard so much of that that you cannot fail to understand; you know you must understand as well as I do that these tracks came in and crossed here some four or five rows of corn; they wheeled then and made a loop round in that direction and came back. You know it because it is the testimony here un- contradicted that the harrow started in the same place the wagon did; it followed down there and made the same loop, left unharrowed the space of ground that the wagon left when it turned back. Went back turned and went round; that was the testimony; those good farmers up there know that's the way it was harrowed; they tell you when they went round on the south side they went straight up the rows off on the meadow and on by the house. That's the testimony of the witnesses for the state. It is the testimony of three or four witnesses for the defendants. Gentlemen what else. These men tell you that they followed the wagon tracks from the straw —122– stack up to George Taylor's yard. The very identical tracks there, the mud was cleaned off of the wheels a bushel or more of clay; they tell you that just where the wagon was cleaned, don't they say to you Mr. Caesar, that just where the wagon was cleaned, where the whe ls were scraped off, that those tracks lead where, lead directly to the straw stack of Geo. Taylor. Gentlemen, I ask you as officers of this court under your oath and as men of common sense what wagon was at the straw stack then. The witnesses say it was the very wagon taken here where the mud was cleaned off; then it is a fact that that was the wagon that hauled those dead bodies to the straw stack, and you gettlemen on your oaths before your God now answer what wagon took those bodies there. There can be but one answer, that wagon that was taken there where the mud was cleaned off. Whose wagon was that then? The defense itself tells you that was George Taylor's wagon, that's the wagon George sent down to old man Taylor's to haul wood. What do the witnesses say? They say that is the very wagon that came from the straw stack. That's the testimony. That's the wagon that must have hauled those dead bodies there; it did come from the straw stack, gentlemen, just where George had taken it; that's not the way George would have come from Browning through the field down by the straw stack if he were coming from town his usual way; that wagon came from the straw stack; all the witnesses tell you it came where the mud had been cleaned off; he deposited those dead bodies there and you can't believe anything else; how was the harrowingthen; further than I say to you that this is the controlling fact in this case it must be so. He was har- rowing that field just where the wagon track comes in —123– following diagonslly across the rows, not harrowing with the row, not harrowing as a farmer would do but harrow- ing the wagon tracks; for what purpose? To do away with the evidence of any wagon tracks. I am sometimes annoyed and troubled when it becomes my duty to pros- ecute some unfortunate fellow and often wish I had stuck to the farm and left the law to somebody else; that there have been more contentment; but that is neither here nor there. Where did these harrow tracks go; fol- fowing the wagon tracks diagonally across the rows; that is not contradicted. What else, gentlemen? You know a farmer wouldn't harrow that way if he wore harrowing to harrow his ground. Why was it done? To harrow out the wagon tracks. What does George tell you? He tells you he did not see the wagon tracks. Is that not so Mr. Hawkins, didn't he state that when harrowing there he did not see the wagon tracks, in his corn field, in his own ploughed ground. Goes there to the very spot where the wagon tracks are, with his harrow, and says he didn't see the wagon trackc. He knew nothing about it himself yet he will start in there and follow those wagon tracks and not see them, in his own field and at a wet time. I believe I have heard some or you were farmers; all of you are men of common sense. You are man that know if some one should drive through your field with a wagon, diagonally across your road, and you come along and see it you would want to know why that wagon was there. Harrow down those wagon tracks and not see them there? It's a physical impossi. bility. Of course he saw them there. Ah, he put them there. From the facts, gentlemen of the jury, we say unto you that that was the wagon that George Taylor drove, that carried the dead bodies to the straw stack; —124– t must have been; it's a physical fact; absolutely incon. sistent with everything else; it must have been; you can't avoid it. Both was true then; that wagon must have been to Milan. Why? Must have been at Milan becausa the Meeks family were at Milan that night. They were there they were taken away that night, then the wagon that hauled them off to the straw stack was George Ttylor's wagon which the evidence has shown you was tracked to where it was hitched to the next morning, where the mud was cleaned off the wheels; couldn't have been any other, an impossibility for it to have been any other. Then that wagon must have been at Milan. So far as this case is concerned it don’t make any difference whether we trace it further or not; we have got the wagon George Taylor drove, Jim Taylor's wag- on, driven to the straw stack and from the straw stack up to where the mud was cleaned off; then that's the wagon that took those dead bodies there. That's all wº need to show in this case. But to go on. That's all the state would have to establish. That wagon driven by George Taylor was the wagon that hauled the dead bodies. Not required to go any further, Mr. Freeman I ask you how would he have gotten them in that wagon if he hadn't gone after them; we take them up to the hill where the scuffle arose. I haven't time to go over that. Go on to Milan, who sees them there? Mrs. Meeks sees them there between 11 and 12 o'clock; she tells you that Gus received a letter about 2 o'clock of that day. She tells you that Gus received a letter telling him something that afternoon. She tells you that Gus didn't retire that night; that about 10 o'clock the child- ren were laid down with their clothes on, about 10 o'clock Gus laid down he and his wife with their clothes –125– on and that they had tied up all their earthly possessions in two or three bundles, consisting of a feather bed and a few things, leaving most of them behind for grand-ma Meeks; they were all sitting up there; why was all this; you have seen that note and read it. They were sitting up there until 10 o'clock in response to that letter. “Be ready at 10 o'clock everything is right.” Gus Meeks. “be ready at 10 o'clock everything is right.” Geo. and Bill Taylor had been there before and Bill says they met at Cora. Here is the letter to Gus Meeks, “be ready at 10 o'clock everything is right.” Three crosses at the bottom. I suppose, W. P. Taylor. Who wrote that letter? We have shown you who wrote that letter. They wanted him to be ready at 10 o'clock; that was re- ceived at Milan, May 10th, 2 p. m., have you seen it gentlemen, have you seen that part of the envelope re- ceived at 2 p. m., when was 10 o'clock coming? That night was when it was coming; the first 10 o'clock came 8 hours after the letter was received. 8 hours after that letter was received, “be ready at 10 o'clock everything is right.” What did they do up there at old lady Meeks that night? What did they do? Grandma tells you what they did; they sat up waiting until 10 o'clock; when did Gus Meeks understand that 10 o'clock to come, that night. Gentlemen that indicates to you without a condition that Gus Meeks understood that this 10 o'clock meant 10 o'clock on Tuesday night and that he was go- ing to leave the country because he was ready to go. Now gentlemen so far as the other witnesses to the trip to Milan are concerned I don't care whether they are cor- rect or not. We have shown you that they were at Milan and that they carried the dead bodies down there, and it is not incumbent on the state to trace them step by step —126– from Browning to Milan; but they went to Milan and they must have gone from Browning and if they did some one may have seen them. Milton Jennings saw them and Jonny Hoke saw them I wouldn't ask you to convict these defendants on these men's testimony un- supported; we didn't have to see them all, but if they were at Milan and they must have been and then some one must have seen them on the road. They were there because they couldn't have gotten the bodies into that wagon that hauled them if they hadn't been there; and I say their story is true; that's why Blythe McCollum saw Bill going. They tell you that the people up there are so incensed against them that they would swear to any- thing against them. Did it occur to you that the peo- ple of that community would swear to a falsehood in order to convict these people. Gentlemen they are true men, Gentlemen, God forbid that the state or any officer in charge of the state in this prosecution should kneel himself to such a character of testimony; we have Blythe McCollum here because he was the only man who on that wagon bed. Bill Gibson, their witness, testified that he saw spots on the bottom of the bed but it was paint. Jim Taylor and Charlie Taylor say there was no paint on it; Bill Gibson says there was paint splotches on the bed; Le wasn't looking for blood, he said it was paint; Bill said there was some spots on one side knock- ed off of some farm machinery. He excused himself that way. Dr. Stephenson said that he examined the bed and it had a new bottom in it. Mr. Taylor tells you the wagon bed was burned. Dr. Stephenson says the wagon wasn't burned at all. It wasn't the same wagon that was shown if it was burnt; Taylor says it was burnt and charred, the wagon George drove; Dr. Stephenson —127– said it had a new bottom; they went on to swear there was no blood on it; of course there wasn't because there was a new bottom in it. They then talked to you about newly discovered evidence. The state of Missouri and every county there in and every officer thereof try a good many cases of this kind and have a good many things to do besides looking after one case like this. Is it a wonder I ask you Mr. Freeman, that we should find some evidence throwing some light on it; but they the defendants are silent as a tomb about the newly dis- covered evidence of Josie and Katie Bailey. What is the testimony here. That the Taylor's and Bailey's are good friends; that they remembered seeing George that night immediately after this murder, that they talked to James Taylor and his folks frequently; that he visited there; and that they did know of that then if they knew of it now; and these defendants with their friends mak- ing the desperate ſight that they are now making with their only defense and alibi, their neighbors and their neighbors daughter whom they are on friendly terms with, whom they are on visiting terms with, who come and see them after the murder and talked about, they trying to find some living witnesses that saw George Taylor on that fatal night; their own neighbors and their neighbors' daughters are not here when it is the only de fense we have; talk to me of newly discovered evidence in the face of such facts as these. When their own neighbors and their neighbors dailings, their intimate friends and acquaintances, and an alibi the only defense they have. Newly discovered evidence; the only defense they have; their own friends and neighbors and neighbors daughters who saw them there that night say not a word until the case comes up the second time —128– for trial, Can you believe it. It carries with it its own condemnation. You know Jim Taylor and his folks would have known all about it before if it were true; they were good friends. What is this testimony? That night about 9 o'clock or little before with a star in the horses head, Josie remembered the star in the forehead at night; she remembered and could see that night that one was a little darker than the other; and Katie Bailey, a near friend and neighbor comes in here now after hold- ing this for some months although she was there; she says I didn't know it was George Taylor; I was about 40 feet at the time or 40 yards I believe it was from them; saw the star in the forehead and that one was darker than the other but she did not notice the driver? If you would believe the testimony of these people that he knew all about this on the 12th day of May, they knew all about it and were visiting the Taylors and the Taylor's visiting them and they talked about it and come in now and swear to those facts when before it was the only de- fense they had, I say if you believe it now I do not understand the effect of the testimony. Gentlemen what else have we, You remember these witnesses telling you of the wagons that passed on that road about nine - o'clock and then no more passed. Next we came to the Van Wye's, she and her daughter tell you about seeing Bill Taylor in the bank; Miss Van Wye said that she and her mother remembered it immediately afterwards and talked about it in their own family, remembered it dis- tinctly from that time up until the time they swore here in court. What is the evidence? You have here Mr. Schooler and Mr. Pullian, you have heard their evidence discussed, and I want to say a word right here; they made no point on Mr. Pullian 129– but they undertook to impeach Mr. Schooler; they brought Mr. Winters, a nice gentleman from that county, and he tells you that Mr. Schooler was city marshal there for a while and got into some little shooting scrape trying to arrest a man and after that he heard it ques- tioned and he had to go to jail. An officer is not al- lowed to shoot a man in case of felony and if they act hastily they will be punished; they had a law suit and since that time he had heard his reputation questioned. Did you ever hear of a law suit in which there was some 15 or 20 witnesses but what there were charges of false swearing? My friend Conkling says that a man being elected to a city office is degraded and contaminated by it; he says he was degraded by it and don't think he will ever get over it. I am not here to say whether Mr. Conkling will ever get over it or not. I make no charges. He says it is very degrading; he has been in it and he ought to know; I expect he does. We pass on from the Schooler and Pullian testimony; I am satisfied you know those men were telling you plain and unvarnished facts that these ladies were not there at the hour they said. You saw Mrs. McPhetridge on the witness stand; you saw Mr. Conkling when the witnesses come in there; he would look at every witness from head to foot, look cross-eyed, undertook to brow- beat them, looked villanous and all that sort of things. He has a right to do it. I don't complain. Don't make any difference with me; I don't think it did with the jury. But Mrs. McPhetridge tells you what? That when Alpha Van Wye worked for her that she said she didn't know a thing on earth about the Taylors. Now wasn't that what she said, she tells you that when she went home that it was a good thing she did, that she had received a —130– letter from Bill Taylor requesting her to go and see Col. Myers, a lawyer, and if they knew anything that would do him any good that she shouldn't lose anything by it. That's what Alpha told Mrs. McPhetridge, but she says I don't know a thing in Lord's world; but Col. Myers says she must think about it; that she shouldn't lose any- thing by it; you know what that meant; so she studied and studied to think; that was in October and she comes down one day to Mrs. McPhetridge and said, I changed my mind last night. I remember what Bill wanted me about. Here she swore on this stand that she knew it all the time; the facts came back to her; she saw him standing in the bank, saw Bill Taylor, that's all. In the line of the defense what have we? Jim Taylor and Charley say there was no paint, didn't know whether it Was on the inside or outside at the door. Ah, gentlemen, Col. Myers had been working; he had been talking to that girl; shouldn't lose anything by it. You know, gentlemen, Mrs. McPhetridge told you the truth. You know Alpha Van Wye and her mother's testimony here; I say nothing about it; take it as it stands; take it, will you take it, or, will you take the lestimony of her mother who also had seen Col. Myers, who was also talked to by the Colonel; take their testi- mony and weigh it; don't you know, gentlemen, that Mrs. McPhetridge told you the plain unvarnished truth? The defense don't attack her. Where was George Taylor that night? Mrs. Dave Gibson says George was at home; that he came home that night about 9 o'clock and got up about 4 the next morning; she swore to that in the court room. Gentlemen, what is the testimony? You sa" Garnett Adkins here. You talked with him and heard him talk. You know what he said. She told him in —131– the presence of Dave Gibson, who was at that time sit- ting here in the court house when he swore it Dave heard that talk, the father-in-law of George Taylor and the husband of Mrs. Gibson heard him swear that. Garnett Atkins says Dave was there, Mrs. Gibson was there and George's wife was there and George's wife was there and Mr. Shelby was there. You say, where is Mr. Shelby; why isn't he here? If a prosecuting attorney had a thousand brains and a thousand eyes, it would be im- possible for him to know all the facts and bearings in a case of this kind. Many of the witnesses were never brought into the court room; we have no means to know what every witness will testify too until he comes in court. I ask you, gentlemen, and I ask you Mr. Conk- ling, when Garnett Atkins said that Mrs. Gibson said that she sat up and waited until 10 o'clock for George Taylor to come home and he didn't come and she got up the next morning and let him in, in the presence of Dave Gibson; I ask you sir, where was Dave Gibson, the fatherinlaw of the defendant at the bar? Sood there and heard the conversation according to Garhett Atkins. Gentlemen, I ask you why was he not here to give his testimony. He stayed there and heard this talk and knows something of these facts. You know just how that matter stands, you know that Garnett Atkins told the truth; Mrs. Dave Gibson here swearing for her son- in-law. I have no harsh words to saw against her, not a thing on earth. I wouldn't say it. I say to you it is commendable in a relative, in a father or brother or brother in-law, wife or mother-in-law and near and dear friends and relatives, I say it is commendable in them to come and stand by their relatives, I say it is commend- able in them to come and stand by their relatives while —132– there is life and hope, and I would not say, taking into consideration the weakness of mankind, the emotions of sympathy, love and relationship, I would not say an un- kind word against them for coming into court and telling untruths in order to save their relatives, their husbands, their son-in-laws, their father-in-law or their brother, their wives or husbands. But the court gives you an instruction on that question. The court instructs the jury that under the law of this state the defendants and Ella Taylor, wife of George E. Taylor, who have testi- fied in this case are competant witnesses so to do, but the fact that they are the two defendants and one of them is the husband of Ella Taylor may be taken into consid- eration by the jury in determining what weight, if any, shall be given to their testimony. You therefore take into consideration the fact that they are the defendants and that Ella Taylor is the wife of George Taylor and the interest she or they all have in the result of this case and determine what weight, if any, shall be given to their testimony. - The jury are the sole judges of the credibility of the witnesses, under the instructions of the court. Their re- lation to the defendant, George Taylor, his mother-in- law, his father in law and his brother-in-law; his father- in-law don't testify; the mother-in-law does; take into consideration the relationships. Did she tell the truth or did Garnett Atkins, the man who came down there on a matter of business, running a livery stable in Green City; who told it? You know Garnett Atkins, told the truth. That Mrs Gibson did Say On that day of May that George was gone and they waited until i0 o'clock for him to come and he didn't come until 4 or 5 o'clock the next morning and that she let him in; that's what she –133– told Garnett Atkins, and, gentlemen of the jury, that's when she told the truth; they did set up waiting for George to come home that night. Now, gentlemen, how about this blood on the wagon bed? Bill Gibson says it leoked like paint, but the Taylors say the bottom had never been painted; it must have been blood then; they examined it after that and it was burnt out; Mr. Barton says the last time he went there it was burnt out. Why was that? They were burning out that stain; I don't know who did it but they did it. What did Mr. Martin tell you? You know what Jim Harris told you; they tried to impeach him. Dave Chaney and Dr. Craig came down here, the Doctor is way down here in Oklahoma; he comes in and says that Jim Harris' reputation for truth and veracity is not good; we put witnesses on the stand to show you that the Doctor's reputation for truth, veracity and morals is not good. Can you impeach a man by such a witness as that? These witnesses tell you that Dave Chaney's reputation is not good, too. They can't take your good reputation from you by some other fellows who swears it is bad, when you can have good men to swear that his own reputation is not good. So that Jim Harris is sustained by the facts and by the witnesses, Jim Harris told you there was mud off of the wheels by the side of the wagon. Ae tells you there was blood on the coupling pole. Mr. Martin and Mr. Ross tells you they stayed out by the road that George had to pass, until about 10 o'clock, from sundown, and no team passed along there. Had to pass there. Of course he didn't pass there. Now, gentlemen of the jury, the facts show that somebody come and took the family from Milan. Bill's story would indicate that the family wasn’t going to leave Milan until Friday morning at 10 o'clock; that they went the day before and were expecting him to pay him $50 on Friday. You know that cannot be true. It is shown that somebody took them from Milan, who had an interest in taking Gus from Milanº Bill Taylor, and Bill Taylor alone; they, the defendants between them had that interest. They took them from Milan with the team on Thursday night; according to Bill's story he hadn't paid him the money; was going to pay him at Cora on Friday. Who said it was reported that he was to have a big reward for leaving Milanº Bill Taylor said so. He said he had heard it. That's the testimony you heard on that ques- tion. Col. Hale told you too that the person who burned that clothing had something to do with the murder of these people. I don't believe that; I don't believe the people that burned that clothing dipped their hands in the murder. I don't know how that was, and I am not trying to find out. I say the Col. said that the persons who burned that clothing, those pants and those rem- anants here which were identified had something to do with the murder. Where were those pieces found? One a little way over in the timber in old man Taylor's past- ure, just a little ways from where George lived, in old man Taylor's woods. When did they do that? Some- body came there, put those dead bodies in the straw stack and drove through Georges yard, went round there and took the feather bed and other things out in the woods and burned them. I don't suppose they were burned that night. If it had been anybody else but the Taylors they would have left the bed clothes down there. I ask you if they didn't kill these people why did they want to wipe out these pants, these bed quilts and so on. They didn't care what became of them. Col. Hale says after they put the bodies in the straw stack, drove up to George's yard and over to old man Taylor's woods and had a bon fire. No, that would be the act of a mad man; no asylum would be large enough for a man that would commit an act of that kind. No, gentlemen, I say after they had driven up there, after they had doposited those dead and mangled bodies in the pit made for them, cov- ered with straw, chaff and dirt, covered them where they thought they would rest for awhile at least, drove on to the house, took off those bloody clothes, either took them to the house or out in the woods and burned them. I don't know whether they were burned before the flight or after the flight of George and Bill Taylor. Their friends applied the torch. If they did I am not here to blame them. If they did set fire to them trying to wipe out the evidence of this terrible tragedy, it is not my place at this time to say about it; I do not want to speak harshly of them for doing what they could for a brother, husband or brother-in-law. Those broken frag- ments speak volumes here; those remnants were poor Gus Meeks' pants, that he was going to get a trunk to put them in when he got to George Taylor's. My God, they put him in a trunk, not his pants; put him in his grave, buried him there. There is a child there as in- nocent and pure as the driven snow; there is a child who never did a wrong only in her childish innocence, was saved by omnipresent power; it must have been. Ah, it must have been the workings of the Creator. Whatever working it was, by some unseen hand, by some provi- dential interfeeence, it must have been that saved that child, raised her from the shadow of death, raised her from the living tomb of dirt and chaff and straw and brought her forth living and sound. And gentlemen it –136– was the same divine power that led her little feet, with her hands and face all blood; it was the same hand that guided her footsteps away from the home of the assass- ins who had taken the life of her father, her mother and her two sisters, and led her into the loving arms of her protector and left her to tell the story, to tell the awful story of the awful, brutal assassination; left her to tellit; it was the same omnipresent power that raised her from the dead, that prevented the eradication of these bloody spots on the wagon bed. The Colonel tells you that he who would send away that bloody wagon with Jim Har- ris would be a fool. My God, men, there was too much for one man to do. He had dipped his hands to the el- bow in human gore; he had hauled them to the straw stack and come back and cleaned the wagon wheels off; he had left those wagon tracks on the ploughed ground; they must be gotten away with as soon as possible; he couldn't do all at once; he sends that wagon to the best place it could have boen sent, to his father's, That day the same guiding power that prevents the criminals from erasing the foot prints that show his guilt. I say to you. that if a criminal that could commit a crime like this could eradicate every foot print that led to his guilt, if that could be done, then the very nature of things would be wrong. I say that guiding power, that guiding hand of omnipotence said that such foul and brutal crime shall not escape, must not go unpunished. So the blood was left on the wagon. These tell-tale marks. Gentlemen, my time is growing short; I must leave you soon; they talk to me of circumstantial evidence; say we are trying to convict these men on circumstantial evidence. On circumstantial evidence! I will tell you what part of it is circumstantial, gentlemen. No one saw that awful –137– blow struck on the head of Nellie Meeks; no one saw the brains of her little sisters dashed out on the ground but they who were there; no one heard the pistol shot or saw the fire fly from it and saw Gus Meeks and his wife reel over to their death in agonizing misery. That's the only part that no one saw. They didn't see the brutal act done, but my God, men of Carroll county, men of honor, I say to you they saw everything else that could be seen but that. They saw them at Milan and on the road to Milan; they tracked their wagon to the straw stack; they tracked it from there to where the mud was cleaned off; they tracked it to there where Jim Harris hauled it off; they see the bloody prints. What else do they want? They show you that George left there as soon as Jimmie Carter come and told him what he wanted; that he didn't go back to see who it was; they show you it was impos- sible to tell who it was at first; they show you that their faces and heads were covered not only with straw and chaff but dirt and they had to scrape it off with their hands before they could tell who it was; and yet George Taylor says he come and kicked up the straw and saw it was Gus Meeks; Mr. Shanks that is physically impossible. He couldn't have done it in the first place and in the second place he didn't go there; the very harrow tracks deny this story; you can't influence or bribe a harrow track by Col. Myers and by a letter that Bill Taylor– (Here the remark was objected to as being improper. Gbjection sustained.) Gentlemen, I say to you that I am talking of the cold facts in the case; they can't do away with these wagon tracks and these harrow tracks; they can't deny the fact that Gus' face was covered with chaff and dirt and straw which had to be taken off. No. Gentlemen —138– I would rather have such facts as these backed up by their presence in Milan that night and their threats and declarations than any kind of testimony I ever saw. Have you ever heard, did you ever know of a murder of this kind being committed which could be proven by eye witnesses. Imagine, if you can, a little child sleeping, carried in her father's arms to a wagon, carried in that wagon to Jenkins hill, her mother and father ruthlessly shot and stabbed, her own brain knocked out and taken to that living tomb and covered up with dirt and chaff and straw by the would be murderers, knocked senseless there on Jenkins hill, a mere babe raised from the bed to go on that fatal trip, and then tell me that she could tell anything about this murder. They want her as a witness. Tell me that an infant waked up at 12 o'clock at night carried in the arms of her father, laid on her feather bed and at 2 o'clock strike her an assassins' blow on her little head, then ask me to put that child on the stand to tell who it was. You will not ask it. It is unreasonable to expect it. What could the child tell? She only knew when her consciousness came in the morn- ing, when the sun peeped down upon her through the straws when God in Heaven raised those evelids, she knew that she was buried there and there was her sisters. You gentlemen of the jury, men of Carroll county, those murderers thought when they put those bodies there, they thought the secret was there. Who would know they put them there? The best place was their own field; they could burn the straw stack when they pleased, cremate the bodies and all would be over. They could do as they pleased in their own field. It was the only place to put them; they thought the secret was safe –139– but that unerring hand willed it should not by so. I think I see them now; I think I see them digging that living tomb, putting the bodies there; I think I can see and hear their muttered curses that they are dead and can never swear against me any more. My God there is the motive. I see it all. I see them there on Jenkins hill; I hear that shot. I ask you gentlemen if that did not occur there. I am not here pleading for your sym- pathy; I am here telling you the facts as they occurred, and nothing else. They must have occurred there. You are about nnw to take this case. I know that Col. Hale nor any other power on earth can keep 12 good men from facing their duty. I have a duty to perform, his honor on the bench has a duty to perform, we all have our duties to perform under our oaths; you and I are here as officers of this court. Mr. Helm, Mr. Delaney you are here under your oaths sworn to do your duty regardless of the consequences. You are only a part of the ma- chinery; I am a part. I stand here on my oath and be- fore my God and say to you that I believe these men are guilty. Gentlemen of the jury I know they are guilty. I could not believe it so if I had seen it. The facts can- not be denied. You are here, 12 good men and true; you have left your homes; you come and set as the jury in this case; some of you have come and left your brides of perhaps only a few months or a few years; you are taken away from them to set in judgment between the people and these defendants. On your verdict depends the safely of the community; I say on your verdict, I say on the petit jurors, who have the manhood not to be driven from doing their duty by the thoughts of some day you will have to lay down and die; you are only part of the machinery to do your duty. Pass your verdict in. –140– Let it be that which you know is right; let the conse- quences be what they may ; you and I didn't make this law; we had nothing to do with it; it is made for us by our legislators and we are bound to obey it. The court instructs you that a reasonable doubt means a substantial doubt and not a mere possibility of innocence. Gentlemen I say to you that any doubt that could exist now is a mere dream, a dream of a dream; could be nothing else. It is as postive Mr. Seizier as could be; positive as to everything except the lick being struck, and if there had been eye witnesses to that they no doubt would havo pleaded self defense. Gentlemen of the jury do your duty under oath to the people of Carroll county, and to the people of the State of Missouri; do your duty to your own family and to your own children. Mr. Evans you left your wife and children at home; left them there in the tender mercies of your neighbors and your God; may God protect your little ones and shield them from the assassin's blow and may you be delivered to your family well and find them that way. May it not be your fate to find that the assassin had been at your home. God forbid that that should be the fate of any one of you or of my hearers now. The Colonel told about a man who ran with a gun. If you would see a man running with a gun and find a man dead that would be good circumstantial evidence. That is not a hundredth part of the case we have here We showed you that not only the defendants run but that they went to Arkansas. We showed they were captured by Jerry South. You saw Jerry South and heard; you heard that big Kentuckian with a heart as big as an ox and a mind the equal of any man in this case. I will not attempt to pass an eulogy on Jerry 141 South; you saw him testify; he is borne out by Capt. Cravens and E. L. Hays; you saw his conduct on the stand. Bill did tell him that he took them to Milan and they paid him $1000 to leave and somebody else killed him for that money. Away with the thought that Jerry South from Arkansas, a man living in Marion county and reared in Kentucky, has come here for the pitful reward of $600; you know that it is absurd that he should take the stand and attempt to swear away the life of a man for $600; that is out of the question; you saw Jerry South and you know he was telling the truth; Bill says it was fixed up between them beforehand. Hays said they had no talk under the shade tree nor in the store; that it was 3 o'clock when South came there; went to the house with him and then went to the boat and then made the arrest. Bill denied this; will you believe him or believe South, Cravens and Hays. Gentlemen I ask you to do your duty, do it well; do that which your own conscience would dictate and we will be satisfied. You will read the instructions given in this case; read them carefully for both the state and the defense; Col. Hale committed the defendants into your hands for their safety and deliverance. Gentlemen I now commit into your hands, the court commits into your hands the safety of the people we commit into your hands your honor and your integrity to say whether such crimes proven shall go unpunished. Gentlemen I have simply told you what I think is the truth; take it and do by it as you will, and when you go home to that wife and family of yours let it be that, though sad, you had to do it, there was nothing else to do; that you had to say they were guilty. I simply said what I had to say under my oath. The courts say I must say it, I ask you to do your duty, –142– let the consequences be what they may; I am done; the grand jury did its duty; the prosecuting attorney wrote out the indictment; he did his duty; the court gives the instructions. Can you believe so and so. The court took a step; you are another step; you are not the last step. Men of Carroll county, I say to you there are millions listening for your verdict, let it be what it may: they are listening now for the verdict that comes from your hands all over this land. They know that the hour of noon is here. They already know for the hand of the operator is on the wire that you are about to be taken to your room; they are watching for your verdict I al most see my people in Linn county listening for the verdict; listening to see what you are going to do; listening to see what your verdict will be, whether a con- viction or acquittal. You gentlemen do right; do right under your oaths to the commonwealth and to the de- fendants and the State is satisfied. CONVICTED. About 2:30 o'clock August 2nd a quiet tip went around the circle and in a few minutes Judge Rucker was seen going slowly towards the court house, the attorneys in the case were seen gathering in groups, and then they slowly moved to the court house. In a few minutes the crowd caught the tip and a wild rush ensued. Four men tried to get up the steps where there was only room for one. As soon as Judge Rucker opened the door, the jurv was observed sitting in their seats all ex- cept George Freeman, who was walking the floor. He immediately took his seat; only a glance at the jury was needed to know that a verdict had been found. They –143 – were all pale and seemed to realize the responsibility that rested upon them. Judge Rucker had hard work to quiet the crowd that was in the room and it took several deputies to clear the center aisle of the court room. In a few minutes Deputy Sheriff Allen Henry came in the court room throwing his arms in a wildly excited manner saying, “clear the aisle.” Just behind him came George Taylor, all the color gone from his cheeks, Bill Taylor following, looking very pale; other duputies brought up the rear. As soon as the defendants were seated, the court asked the jury if they had agreed on a verdict. Mr. Craig, the foreman, answered “we have.” “Call the jury Mr. Clerk,” said the court and as the Clerk Higginbottom called the names of each juror, a clear answer was given. The court then in- structed the foreman to hand the verdict to the clerk. Foreman Craig is a venerable old man and he walked to the clerk's desk holding in his hand the paper that would sentence two men to the scaffold. His hand shook as he handed up the paper. Circuit Clerk Higginbottom then in a clear, loud voice read the verdict: “We, the jury, find the defendants, William P. and George E. Taylor, guilty of murder in the first degree, in the manner and form charged in the indictment. [Signed B. W. CRAIG, - Foreman. Attorney Conkling for the defense then asked that the jury be polled and this was done, each one for him- self stating that the verdict was his. The wives of the defendants were at the jail when the verdict was given out, but the news was carried to them. Mrs. Wm. Taylor fainted and it was sometime before she could be brought to. The defendants sat in court and heard the –144– verdict as they have listened to the evidence. A scarce. ly perceptible shadow passed over their face. These men show remarkable nerve and as one man remarked, “I believe they could walk to the gallows without a change of countenance.” As soon as the verdict was announced the crowd in the court room broke into a cheer and it was with very much difficulty supressed by the court and the deputy sheriff. The court then entered an order discharging the jury. At this the crowd rushed from the court room thinking that the sheriff would take the prisoners back to the jail and a large crowd filled the space between the court room and the jail. They stayed there for two hours waiting for the prisoners. The sheriff cleared the court room when court adjourned and the attorneys for the defense and their clients held a consultation lasting for two hours. During this time Sheriff Stanley made a search of the jail but made a water haul. The prisoners were returned to jail about 4 o'clock. - The jury reached a verdict on the first ballot and that at the end of one and one-half hour talk. B. C. Dulaney of Hale had many funny stories to tell of his experience on the jury. George Freeman another of the jury, told about the great time he had while on the jury. The jury was a good representative body of men and they certainly represent Carroll county. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - º 7 avatozºw . º / º