Notable Court cases

 

John Duncan

Soon after a man named John Duncan came to the county from Tennessee, and, hearing the reports of the robbery, planned to murder Stephens, secure the money which he was supposed to have stolen, and make his escape.

 

He went to Stephens' house, two and one-half miles east of Fredericktown, and represented himself as a land buyer.

 

Stephens was at work in the woods, not far away, with his sons, two young lads, and thither Mrs. Stephens sent Duncan.

 

The latter by strategem succeeded in securing the ax and gun which Stephens and his sons had, and murdered all three.

 

He went to the house, killed Mrs. Stephens, spent some time in searching for the money, and departed, leaving two small children unharmed.

 

He was arrested a day or two later, tried, convicted and sentenced to be hung on April 5, 1821. The execution took place in the northeast part of town, near the creek, at what is still known as " Duncan's Hole." People came from all the surrounding counties, and several hundred were present.

 

Duncan made a full confession upon the scaffold, entirely exonerating two worthy citizens who had been indicted as accessories.

 

 

Conrad Cotner

 

 

At the November term, 1827, Conrad Cotner was brought on a change of venue from Cape Girardeau County, and tried for the murder of Charles Hinkle.  

 

He was found guilty of manslaughter, and sentenced to imprisonment for one year and to pay a fine of $500.  To this the court added the following order: " It is ordered that said Cotner be put to labor in the blacksmith shop of Elisha Bennett in the town of Fredericktown, in the county of Madison, in the manner following:    The said Cotner shall labor in said shop, chained to the anvil block therein, the first, third, fifth, seventh, ninth and eleventh months of the time for which he is to be imprisoned, the said Bennett furnishing the said Cotner with diet, and returning him to prison every night"

 

 

 

A. W. Smith

 

In February, 1844, A. W. Smith killed John Vincent. The two man, who were neighbors, had had a quarrel about some stock of the one breaking into the field of the other.

 

Smith, who had previously borne a bad reputation, waylaid Vincent as he was returning home one night, and shot him.    

 

He lived  only long enough to reach the nearest house and relate what had occurred. Smith upon trial was convicted, and was sentenced to be hung. His counsel took an appeal to the supreme court, and pending a decision an election was held in Frederick town, at which several friends of the murdered man were present

 

After indulging very freely in whisky they proposed to take Smith from the jail and hang him, but this the sheriff with a posse of citizens prevented. After standing guard for about two hours the sheriff, to quiet the mob, proposed to vote upon the question of hanging, knowing that the majority present would sustain the law. This was agreed to, but no sooner had the guards left the jail than the lynchers made a dash, broke open the door, secured the prisoner, and, putting a rope around his neck, literally dragged him to the place of execution.

 

Then they compelled a Methodist minister, Rev. Jesse P. Davis, to offer up a prayer for the condemned man, after which they proceeded with the hanging.

 

Fourteen of the mob were subsequently arrested and indicted, but, with one or two exceptions, the entire number died within a year, and before any trial was had.

 

 

 

 

History of Southeast Missouri - 1888 

 

 

 

 

 

 

 

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