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History of Livingston County
from The History of Caldwell and Livingston Counties, Missouri.  1886

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The 1st and 3d Regiments M. S. M.- Assassination of Col. Wm. O. Jennings - The Attack on the Medicine Creek Bridge - Poindexter's Raid - The Fate of Some Confederate Partisans - Joe Kirk and his Operations - Organization of the Enrolled Militia - List of the "Disloyal "- First Emancipation Meeting.

THE M. S. M.

In the winter of 1861 - 62, by an arrangement between Gov. Gamble and the War Department at Washington, the organization of the Missouri State Militia was begun. This force was to be enlisted for three years, was to be composed of cavalry regiments, or mounted men serving as cavalry, and was to be armed, clothed, subsisted, transported and paid by the United States, and to co-operate with the Federal forces in the repression of Confederate invasion into Missouri and the suppression of rebellion. It was not to be ordered out of Missouri, "except for the immediate defense of said State."

Col. James McFerran, a prominent lawyer of Gallatin, became colonel of the 1st regiment of cavalry of the Missouri State Militia (commonly called the "M. S. M." ), and Alex. M. Woolfolk, a young attorney of Chillicothe and member of the State Convention, was commissioned lieutenant-colonel. The regiment was made up of men from this quarter of the State, and a few were from Livingston. It took the field early in April, 1862, and a detachment operated in this and Daviess county in scouting the country after Davis' and Joe Kirk's forces.

In April the 3rd regiment, M. S. M., was organized at Chillicothe, with Col. Walter King, a Chillicothe lawyer and son of ex-Gov. Austin A. King, as its commander. More than 200 Livingston men at once entered this regiment, which, however, was never a full regiment and was broken up and the nine companies composing it distributed among other regiments of the M. S. M. J. H. Shanklin, of Grundy, was at first lieutenant-colonel of the 3rd M. S. M.


On the evening of the 30th of January, 1862, some unknown miscreant assassinated Col. William O. Jennings on the street after dark as he was going home, by shooting him down with a revolver or musket. He died next day in great agony. The shooting occurred on Calhoun street, a little northwest of the present county jail. Col. Jennings was one of the best known citizens of the county. He was the first sheriff, and had served a long term of office in that capacity. It was he who commanded the Missourians at the massacre at Haun's mill, during the Mormon War. Although a "Southern" man it was not generally believed that his politics had aught to do with his murder. It was believed to have been the work of a personal enemy. At the time of his death, Col. Jennings was over 60 years of age.


On the night of the 8th of April an attack was made on the guard at the Medicine creek railroad bridge by a party of Confederate bushwhackers. The guard, a portion of the 3d M. S. M., had not retired into the block house, but were seated around a camp-fire near by, when a volley, apparently discharged by eight or ten persons, was poured into them. One man was killed and three others wounded. The unwounded returned the fire, and there was a spirited little interchange of shots, which lasted for some minutes, when the bushwhackers retreated.

Hearing of the affair, Col. Walter King, then in command at Chillicothe, sent scouting parties throughout the country to search for the bushwhackers, but they were not overtaken, and their identity was never discovered. They were evidently a small number of irregular partisans, banded together with no nobler purpose than to kill a few "Feds," no matter how or by what means the killing was done.


The most notable event, in the line of military operations, in this county during the year 1862, was the raid of Col. J. A. Poindexter through the county, in the first part of the month of August. Col. Poindexter had entered the Southern army at the beginning of hostilities as captain of a company from Randolph county. After the fall of Corinth, Miss., about June 1, and when the one year's enlistment of the Missouri State Guard had expired, Gen. Price gave to a number of his recruiting officers commissions, authorizing them to return to Missouri and recruit troops for the Confederate service. Among those who came on this mission during the summer were Poindexter, Cols. Jo. C. Porter, Jo. O. Shelby, J. V. Cockerell, John T. Hughes, John T. Coffee and Gid. Thompson. It was stated at the time that Col. Poindexter came from Memphis, Tenn., by steamboat to St. Louis, and from thence to Renick, a station on the old North Missouri Railroad. Being disguised, he represented himself to be a Mr. Arnot, of St. Louis, and procuring a horse he rode into the Randolph hills in safety. He at once began his work of recruiting a regiment for the Confederate army, intending when the time came to cut his way through to the Confederate lines in Arkansas. His arrival in Randolph was some time in the month of June.

By the last of July Col. Poindexter concentrated all of his outlying detachments, and in a few days, at the head of about one thousand men - who were mostly from the counties of Boone, Howard, Randolph and Chariton - set out for Dixie. He designed crossing the Missouri either at Brunswick or Waverly.

About this time Capt. Logan Ballew, Capt. John L. Mirick, and Capt. Robt. Austin, of Carroll, had recruited companies of Confederates, and were skirmishing with the Federals under Capt. D. H. David in the river bottoms of Carroll county. Austin's men, had captured the steamer "War Eagle" a few days previously. In Ballew's company were a few men from Livingston, and this company had united with Mirick in the northern part of Carroll about July 27, the two companies then proceeding through Carrollton to join Austin in the Missouri bottom. In Carrollton they did no damage beyond destroying the office of the Carrollton Democrat.

The Federals under Capt. David, - whose regiment, the 5th M. S. M., "Penick's men," had an uneviable reputation and left an unsavory memory - at last drove the Confederates out of the bottom and they started for Poindexter, known to be in the northern part of Randolph or Chariton. They passed through Carrollton without halting, the Federals in close pursuit. On the morning of August 1, Capt. David came up with Mirick and Ballew, northeast of Carrollton, and two or three slight skirmishes took place; two Confederates were killed. Mirick and Bullew passed on, intending to cross Grand river at Compton's Ferry.

David was falling back to Carrollton when he was re-enforced by about two hundred and twenty-five enrolled militia under the command of Maj. Thos. B. Biggers, also of the 5th M. S. M. The latter had 100 Ray county militia under Capt. Clayton Tiffin, and 100 enrolled militia and 10 M. S. M., under Lieut. Thos. Doyle, of the 1st M. S. M., who had left Breckinridge July 30, and united with Maj. Riggers at Carrollton. The latter had made a night march from Richmond to re-enforce David.

The Federal force, now about four hundred strong, pushed rapidly forward and came up with Mirick and Ballew at Compton's ferry on Grand river. Ballew had crossed the stream to the east bank, and Mirick was guarding the rear. A brisk little skirmish resulted. The Confederates were driven across the stream. On the east bank Ballew released three Federal prisoners which he had captured, disbanded his men, and made good his escape. Here some wagons, provisions, arms, camp equipage, etc., were abandoned to the Federals. Mirick, with the greater part of his company, got across the stream and kept on for Poindexter.

The three released Federal prisoners came over to the Federal force and reported, and Maj. Biggers camped at the ferry for the night. The next morning he sent half his force, under Capt. David, up the west side of Grand river to scour the country, while he himself crossed to the east side with the remainder of his force, swimming the stream. Riggers scoured the bottoms as far north as the Linn county line, when he turned west, through the southeastern portion of this county, swam Grand river again and soon joined Capt. David. Lieut. Doyle now returned to Breckinridge, while Biggers and David went back to Carrollton.

The morning after Mirick and Ballew had been driven across Grand river, Capt. David perpetrated an act which called down upon himself almost universal censure. The previous day he had captured some prisoners from the force he was fighting, and had also recovered some of the stores which had been taken from the " War Eagle." Three of these prisoners were named Arch. Austin, - Walden and Green Wallace. The latter was a young man whose home was in the southern part of Livingston county.

Ballew had released on parole the three Federal prisoners in his hands, but the very next morning Capt. David determined to shoot the prisoners that he held, claiming that they were guerrillas, had fired on and plundered the "War Eagle,'' etc. Of this charge young Wallace at least was innocent; Austin may have been guilty.

The men were let out, placed in line, and at the crack of the guns of the firing party all four fell. Strangely enough, however, not all were killed. Austin and Walden were killed instantly, but Wallace was not seriously hurt; the ball grazed the top of his head, bringing blood and felling him to the ground, where he lay stunned and insensible for some time, and was greatly surprised when, upon regaining consciousness, he found his comrades dead and himself comparitively unhurt. His captors and would-be executioners had gone, and he lost no time in getting away and keeping away from the dreaded "Penick's men." Afterwards he voluntarily surrendered himself to Col. J. B. Hale, and was released on bond; but before the war closed he again entered the Confederate army, and lived to return to his home in Livingston county, and is now a citizen of Caldwell county.

August 5, an inquest was held on the bodies of the three men killed, by Esq, A. F. Walden, and the jury found that they had come to their deaths "by being shot with musket balls by some parties unknown."

From some papers found one of the men was supposed to be Archibald Allen, of Carroll county. The names of the others were not ascertained. One of the bodies was that of a man 20 or 25 years of age, with light hair, and dressed in white flannel shirt, mixed cotton pants, plow shoes, white socks, drab hat, and with $4 in money in his pockets. The second was that of a man 30 or 35 years" of age, sandy hair and whiskers, wearing a blue-mixed jeans coat, cotton shirt with Marseilles bosom, gray tweed pants, brown jeans suspenders, calf boots, checkered cap, and with an account in his pocket due J. L. Detherage & Co., of Carrollton. The third was that of a young man. 18 or 20 wears old, dressed in a brown jeans coat with the skirt lined with red flannel, hickory shirt, blue cotton pants, a pair of common shoes, black socks and a drab colored hat.

On Monday night, July 28, a message came to Col. Woorfolk, at Chillicothe, from Maj. A. W. Mullins, at Brunswick, that a force of 400 Confederates was three miles east of Keytesville, threatening an attack on Brunswick, where there was but a small force of 75 Federals. Woolfolk set out at once for Brunswick with a part of two companies of the 1st M. S. M. The next day Woolfolk and Mullins with 212 men, including 60 E. M. M. under Cap. Moberly, attacked the Confederate camp near Clark's mill, on the Chariton river, and completely broke it up. The Confederates numbered only about 60 men. Eight of them were killed and a number wounded. No quarters were shown them by Woolfolk's orders. No Federals were hurt. The Confederates included some guerrilla's, but the majority designed joining Poindexter, and the company was expected to capture Brunswick and the ferry when the time came to go South.

Word of Col. Poindexter's movements reached the Federal military authorities and on the 8th of August Col. Odon Guitar, of the 9th M. S. M., landed at Glasgow with a force from Jefferson City to take the field against him. Guitar's force was composed of two companies and four detachments of his own regiment; about 100 of Merrill's Horse, under Maj. C. B. Hunt; Co. D, 13th M. S. M., Capt. Ward; Co. D, 7th M. S. M., Cap. Turley, and two pieces of cannon belonging to Capt. Wachsman's battery, M. S. M.,- in all about 550 men.

Poindexter moved out to the westward at once, designing to cross Grand river at Compton's Ferry and the Missouri at Waverly. His force numbered about 800 men, nearly all mounted, but composed for the most part of farmers and farmers' boys, armed with shotguns and revolvers, and some of them were not armed at all. Their organization and discipline were imperfect, and they were poorly prepared to encounter s fighting force of Federals.

On the 11th of August the hack from Chillicothe to Brunswick, with Richard Silvey, the driver, and U. S. Deputy Marshal Saml. L. Harris as a passenger, drove into Poindexter's forces east of Compton's Ferry. The hack and its occupants were not molested, but Poindexter learned from the latter that there was no Federal force at the Ferry, and pushed on.

The same evening, about dark, Guitar overtook Poindexter at Compton's Ferry. A portion of the latter's forces had already crossed the river (by means of the single small flat-boat and some by swimming) but a considerable number, with some wagons and baggage, were yet to cross. Guitar at once opened with his artillery and ordered his troops to charge, which they did. The effect was disastrous. The Confederates made no fight worth mentioning. Many in their eagerness to escape plunged into the river and were swallowed up by the waters. Some crossed in safety; others abandoned their horses and fled on foot. Perhaps a dozen were shot dead. The cannon caused great demoralization and the Federal cavalry, well armed and mounted, charged upon the flying, confused masses and completed their discomfiture. Quite a number of the Confederates were made prisoners, and many horses, mules, guns and equipment, together with the wagons and provisions, were captured. The Confederate loss was never accurately known. Perhaps 80 were killed and drowned; the citizens in the vicinity buried 17 bodies that were taken out of the river. Not one Federal was killed or seriously wounded.

The night after the fight Poindexter, with the greater number of his men, marched up the west side of Grand river a few miles and camped; a portion of his forces remained near the ferry. The next morning Poindexter, having now about 500 or 600, came rapidly up into the southern portion of Livingston, taking the road known as the old Mormon trace. Turning westward the Confederates passed through where Avalon now stands, crossed Shoal creek at Dawn and struck northward. Crossing the railroad and West Grand river at Utica, they rode forward to Spring Hill, where they halted a short time for dinner.

It was now Poindexter's intention to march eastward into Macon county and effect a junction with the forces under Col. Jo. Porter. This was his only hope of future safety and success. But at Spring Hill he learned that a week before (August 6) Porter had been disastrously defeated by Gen. McNeil at Kirksville. He learned, too, that everywhere the newly enrolled militia and the Federal detachments were swarming about him, and "the dark hour fell upon Saul.'' His only hope now was to save the lives and persons of his men, and to effect this no plan seemed better than to regain as soon as possible the coverts of the Chariton bottoms and the Randolph hills.

Setting out from Spring Hill, Poindexter crossed East Grand river at McGee's mill, passed through Rich Hill township, chip, north of Chillicothe, crossed Medicine creek at White's ford, and then turned toward the southeast through the southwest corner of Linn. The greater portion of his force passed Bottsville (now Meadville) about midnight, and soon were in Chariton county. All along the march from Spring Hill, and even from Compton's Ferry, there were stragglings and desertions. During the night march there were a great many. Fatigue and hunger accomplished more of the destruction of Poindexter's forces than did the Federals. Tired and weary, hungry and dispirited, and half delirious from want of sleep, the poor farmers' boys became disgusted with a "soldier's life" and longed for the square meals and soft beds of their homes.

Mr. H. K. Pearl, a well known Union citizen, and especially obnoxious to certain Confederate people, was in Spring Hill when Poindexter arrived, and was pressed by the raiders to guide them to a ford across Grand river. When across the river he was released, but on his return was chased into Spring Hill, his horse shot, and he probably would have been killed but for the intervention of Maj. W. F. Miller, a returned ex-Confederate officer. He was again taken to Poindexter, who gave him a written pass and again released him when he made his way to Chillicothe.

On Monday afternoon, August 11, Col. J. H. Shanklin arrived in Chillicothe at the head of 150 indifferently armed and mounted Grundy county militia. There mere no other Federal forces in the place at the time, and Shanklin had been ordered to its defense. The next morning, upon the arrival of the east bound train from St. Joseph, he was informed by the conductor that Poindexter, with eight hundred or one thousand men, had crossed the railroad at Utica just as the train passed. The news was instantly telegraphed to Geo. Ben. Loan, then at Laclede.

It was not then doubted that the object of the raiders was the capture of Chillicothe, and Col. Shanklin proceeded immediately to put the town in a state of defense. He stationed his militia at the best points, collected all the arms and ammunition in the city, and armed the citizens as far as possible. He also sent out scouts and couriers to keep him advised of the movements of the enemy. Two scouts were sent towards Spring Hill, with instructions to go to that place if possible, and bring back word of the force, equipment and course taken by the raiders, so far as the same could be ascertained.

Becoming inpatient at the delay in returning of the Spring Hill scouts, but satisfied from other sources of information that Chillicothe was not in imminent danger, and that the movement would result in keeping his force between the rebels and the city, Col. Shanklin left Capt. R. F. Dunn, with the city militia and armed citizens, to defend the town, and moved with the Grundy militia (part of the 30th E. M. M.) to Graham's mills, on the Spring Hill road, keeping up communication with the small force left in the city. At Graham's mills the Spring Hill scouts were met, and they informed Shanklin that Poindexter's forces had passed through Spring Hill without molesting any person, and had crossed Grand river and were moving rapidly eastward. Here also a citizen living on the Trenton road reported that they had crossed that road still going eastward at a good gait, though both men and horses seemed greatly fatigued.

By this time it was late in the day and Col. Shanklin received a verbal message from Gen. Loan, who, with the greater portion of Col. McFerran's 1st M. S. M., had arrived at Chillicothe from Laclede. This message ordered Shanklin to take such of his militia as were efficiently armed and mounted and join a portion of McFerran's regiment on the Trenton road and pursue Poindexter. Shanklin moved at once and soon came up with McFerran's men, who to the number of one hundred and seventy-five, were under Lieut.-Col. Woolfolk. The remainder of the 1st M. S. M., under McFerran himself and Gen. Loan, returned towards Laclede with a view of intercepting Poindexter, whose direction of march heal been learned.

Woolfolk and Shanklin struck the trail of the raiders and followed it all night long, without food or rest. Next morning, learning that other Federal commands had taken up the pursuit and were between them and Poindexter's forces, the chase was abandoned and Woolfolk and Shanklin returned to Chillicothe.

The Federals pressed on after Poindexter, and on the 13th Guitar overtook him and struck the remnant of his forces on the Mussel fork of the Chariton river, in Chariton county, dealing them the finishing blow. The Confederates were thoroughly dispersed. Many of then were picked up asleep and made prisoners. Some were murdered by the militia, never being given a chance to surrender, and a few killed after they had surrendered. Poindexter's raid was an ignominious and disastrous failure.

About the first of September Col. Poindexter was himself captured by the enrolled militia of Randolph, after having wandered alone through the woods for several days. Gon. Merrill at first intended shooting him, but Gen. Schofield ordered him brought to St. Louis for trial. While in Gratiot street prison he wrote an open letter, which was widely published, declaring the war of the Southern Confederacy a failure, and calling upon his former associates to accept the situation and live in loyalty to the State and United States Governments. This letter may have been the price of his liberty, for he was eventually released and allowed to return home.


On the 18th of August one of Poindexter's men, a prisoner named Wm. Simms, of Macon county, was shot at Chillicothe. He had been taken prisoner at Bottsville and brought to Chillicothe with others. His body was found in a ditch southwest of town and an inquest was held over it by Coroner R. B. Williams. Sergt. R. Y. Ford, of the militia, testified that he recognized the body as that of Simms; that he was captured August 13, and on the night of the 15th had escaped. The belief was general, however, that the prisoner had been taken out and willfully shot. The body was decently buried at the expense of the county.'

' The papers of the inquests in both of these cases are yet in the county clerk's office.

In August, about the time of Poindexter's raid, John Bailey, who lived in the southern part of this county, was taken from his bed at home, carried over into Carroll county, and shot. No further particulars of this case have been learned, save that the killing was done by some militia from Breckinridge.

Jesse P. Clark was killed north of Spring Hill, on the 26th of August, by a party of militia. He had formerly lived at Princeton, in Mercer county, and it is said was on his way to the Confederate army when killed. He was shot in the head and back. An inquest on his body was held by Esq. R. B. Moss. One account is to the effect that Clark had been with Poindexter, and was trying to get South. The particulars of his killing have not been learned.


Sometime in the fall of this year John Blackburn was killed near his home, in the northwestern portion of Jackson township, by a detachment of Capt. Turner's company of enrolled militia under Lieut. Hartgrave. The militia were in search of Blackburn, and coming upon him he sought to escape, when he was shot.


The operations of Capt. Joseph B. Kirk with his company of Confederate partisans in this county deserve mention in this history, as incidents of local interest and as composing a part of the war history of the county which ought not to be omitted.

After a brief term of service in the army of Gen. Price, south of the Missouri, Capt. Kirk returned to his home, in Jackson township, with a commission authorizing him to recruit for the Confederate service. A man of middle age, with the attributes of undoubted personal bravery, sagacity, tact and presence of mind, and withal of integrity and good character, Capt. Kirk at once had the confidence of the people of Confederate sympathies, and in a short time he had gathered about him quite a company of well armed and mounted men, some of whom were as desperate fighters as the war produced.

Kirk's plan of operations seemed to contemplate the holding of Jackson township, or the country between the forks of Grand river, as Confederate ground, into which the Federal troops must not enter. In the summer of 1861, as elsewhere quoted, his notices to the Federals warning them not to trespass on his dominions were numerously posted, and he persistently refused to go South with his company, but remained to make good his warnings, and as he said, to protect his friends. His operations were chief of the partisan ranger style of warfare - the forming of ambuscades, sudden waylays, surprises, and predatory incursions and foragings on the enemy. While under commission in the Confederate service, and perhaps entitled to he called Confederates, yet, from their usual style of warfare, Kirk and his men were called bushwhackers.

In the fall of 1861 the bushwhackers drew the first blood. A band of them under John Blackburn waylaid and fired upon Lieut. E. West, of Daviess county, an officer of the 28d Missouri, who was on his return to his regiment with some recruits. Of this incident, the Lieutenant, now deputy sheriff' of Daviess county, says: -

I started from my home, in Bancroft, on Sunday morning, October 18, 1861, with six recruits, a driver and myself (making eight in all), in one wagon to go to Chillicothe, and from there to St. Louis by rail. When we got within about three miles of Spring Hill and were just passing out at the eastern border of what we called Black's Grove, and immediately on entering the prairie (sec. 24), a band of bushwhackers arose from their concealment, all in line, about 15 steps from us and commenced firing upon us. We were all unarmed which fact their leader, John Blackburn, knew, for he had talked with us not more than two hours before, and knew we had no arms with us. When the firing commenced five of the recruits jumped out of the wagon and ran through some high weeds to make their escape. Only two of them were badly wounded; Ransom Shores received two bad wounds and Jack Duncan four. The driver, John Roe, one recruit, John Shire, and myself remained with the team and were all wounded, the driver slightly, Shire severely in the head, and I received four severe wounds. All eventually recovered.

The year following a band of bushwhackers waylaid another lot of recruits going to Chillicothe, under the leadership of Joseph Conkling, at the northwestern border of the same grove and half a mile from where we were fired on. Many persons get the two occurrences mixed.

By the early spring of 1862 Kirk and his men had become quite notorious throughout this county and the eastern part of Daviess, and had given the Federals no little trouble. They defied all attempts at capture and frequently fired on small parties of their pursuers. A thorough familiarity with the country, and the fact that nearly every citizen was not unfriendly towards them greatly facilitated their movements, and they kept the Federal forces in the country in a constant state of uneasiness and annoyance. At last a plan was matured by Lieut.-Col. A. M. Woolfolk; of the 1st M. S. M., for their capture or dispersion.

At 10 o'clock on the night of May 24, 1862, Col. Woolfolk left Chillicothe with Capt. Balleuger's company (G) and a detachment of Capt. Perry's (K) for the Spring of Capt. Perry's (K) for the Spring Hill country. At the same time Capts. McGhee and Folmsbee with their companies (A. and B.) left Breckinridge for the same destination. The two detachments intended to cooperate as soon as they reached the enemy's country.

The expedition was fairly successful. Col. Woolfolk's battalion succeeded in capturing Joe Kirk, John Cooper, Jr., and James Hale. The detachment from Breckinridge, under Adjt,. Doyle, Capt. Charles Cooper. Three horses and three revolvers were also taken some days previously a number of horses had been taken from Union men in Jackson township, and Kirk's and Cooper's men were accused of having taken them.

Kirk was taken to Breckinridge and confined in a railroad car with other prisoners. One night he succeeded in cutting a hole in the floor of the car and through this made his escape. In 24 hours he was again in the saddle.

On the 5th of August about twenty men of Co B, 1st M. S. M., under Lieut. J. T. Goodbrake, and about- twenty-five enrolled militia, attacked Kirk's and Capt. Frank Davis' companies at Diamond, in Daviess county, and defeated them. Five of the Federals were wounded, and some six or eight of the Confederates The next day the Federal militia captured young man named Thomas Hicklin, whose home was in this county, five miles west of Spring Hill, and who had been with Kirk in the fight the day before. Because he refused to give the names of his comrades or betray their rendezvous, the officer in command had him cruelly shot to death. No soldier at Rome or Sparta ever died braver. He unhesitatingly refused to purchase his life on the terms offered, and calmly facing his executioners died without a tremor of fear or a murmur of protest. Before he was shot he wrote a few lines to his widowed mother and two sisters, but the militia officer tore up the paper. The place of his execution was in Daviess county, 25 miles from his home, but his two young sisters recovered his body and bore it to the family cemetery for final interment.

The same day, or the next, Daniel Hale, a brother-in-law of Joe Kirk, was killed in a cane patch, where he was in hiding. This was west of Spring Hill. The killing was done by the same detachment that killed young Hicklin, but while the latter's body was treated with some respect, being decently buried, the body of Dan. Hale was shown shameful indignity.

After the Diamond Fight Kirk returned to Jackson township. He refused to follow off Poindexter when the latter came into the Spring Hill country, but continued to fight on his native heath. About the 17th of August he captured five Union men, citizens of Jackson township (some of whom belonged to the militia, and had come here from Chillicothe on leave), at W. G. Eads' residence, in Daviess county. This was on Sunday, and the following Tuesday a part of Quirk's company, under Lieut. David Martin, bushwhacked some twenty of the enrolled militia on Hicklin's branch, northwest of Spring Hill. The militia were returning to Chillicothe from Grundy county, and some of them were in a wagon. One militiaman named Joseph Conklin was killed and another named Thomas was mortally wounded. The remainder scattered in every direction. The bushwhackers suffered no loss. Kirk himself denounced Martin's conduct on firing on the Federal detachment.

At this time Kirk was endeavoring to secure an exchange of prisoners with the Federals of Chillicothe, and had sent in one man that he held - J. B. Weaver - with a note to Lieut. Turner, demanding the release of two of his men whom the Federals had previously captured. Kirk threatened that unless these men were returned to him he would shoot two of the militiamen in his hands the next morning at 9 o'clock. One of the men demanded was sent to Spring Hill, but the other was wounded and could not be sent. Kirk refused to receive the man sent him.

Matters were becoming serious for the two Federal prisoners in Kirk's hands, when on Tuesday evening Col. Shanklin, sent a force of militia, out from Chillicothe towards Spring Hill. In the van of the militia rode William Hale, Sr., Kirk's father-in-law, and his son, who had been made prisoners, and were used as hostages for the safety of Weaver and Marion Hicks, the two militiamen.

Col. Shanklin says: "The night after Turner's report of Kirk's capture of Hicks, my headquarters at Chillicothe were visited at midnight by a young lady from the forks of the river, who claimed to be a rebel sympathizer, but a friend of Hicks. She said unless Kirk's wrath was appeased in some way, he would cause Hicks to be killed. I immediately issued the necessary orders to give the people of the forks to understand that if Hicks was killed - and whether he was or not, if Kirk's band was longer harbored and fed in the forks - I would make the whole country between the two rivers a wilderness, and we would call that peace! The next morning I sent out two or three companies," etc.

Kirk bad moved down from his position on the Doss farm to the Indian hill, from whence his scouts saw the Federals approaching with the two Hales conspicuously in front. Seeing that he was outwitted, knowing that if he harmed his prisoner's his relatives would be killed, Kirk retired, and the same night released Marion Hicks unconditionally.

Not long afterward Kirk crossed Grand river with his company and took up a position on the east bank of the river, in the Van Winkle bend, about four miles northwest of Chillicothe. Learning of his presence, Col. Shanklin sent Capt. Spickard with his and Capt. Winters' companies, of Grundy, and Capt. Turner's, of Livingston, all enrolled militia, from Chillicothe to attack him. Bursting suddenly upon the bushwhackers the militia routed them completely, driving them across the river, and capturing a number of horses, arms, etc. One of Kirk's men, Joseph Allen, was drowned in swimming the river. Some of the horses captured were identified as belonging to certain Union men of Jackson township; five had been taken from James Hicks, Sr.

Thereafter the movements of Kirk and his men were practically insignificant. By reason of the presence of an overwhelming force of his enemies he was forced to give up the forks, and went south of the Missouri. There he was desperately wounded, and obliged to leave the service. Bold and shrewd as ever, he made his way back to this county, and then went to California, where he remained until after the war. He is now a quiet, well respected citizen of the county.


July 22, 1862, when Cols. Porter, Poindexter, Hughes, Coffee, Cockrell, Shelby and other confederate leaders were slashing about through the State at the head of their commands, and when all Missouri was swarming with Confederate recruits, Gov. Gamble issued an order for the organization "of the entire militia of the State into companies, regiments and brigades," for the purpose of "putting down all such marauders, and defending the peaceable citizens of the State."

This order of Gov. Gamble's, supplemented by one of similar tenor from Gen. Schofield, had a most wonderful effect in creating soldiers. It brought into partially active service in this State, on the Federal side and under the Federal banner, many thousands of men, and it drove into the Confederate or rebel service fully ten thousand other men who had vowed from the first that if they were forced to take up arms they would fight for " the South."

The 65th regiment of enrolled Missouri militia was organized in the early fall of 1862, and to this regiment four companies from Livingston county were attached; the six others were from Carroll. The field officers were John B. Hale, colonel; Richard F. Dunn and, A. J. Swain, lieutenant-colonels; J. J. Wall, Z. M. Bedford and George Deigle, majors; O. J. Kirby, adjutant; C. V. Mead, quartermaster, and Charles Heidel, surgeon. The Livingston companies were officered as follows: -

Co. G was made up of men from Greene and Mound townships chiefly. Its officers were first commissioned September 4, 1862, and all the companies were mustered out of service March 12, 1865. Capt. Thomas H. Reid was captain of Co. G during its term of service. First lieutenants, .Peter Ludwig, till May 20, 1864, then Robert Harrison. Second lieutenants, Joseph T. Hillock, till May 20, 1864, then Ashford A. Stone.

Co. H was from Chillicothe. The first captain was R. F. Dunn, promoted to lieutenant-colonel November 8, 1862, then Robert S. Moore; First lieutenants, A. J. Swain, promoted to lieutenant-colonel October 5, 1868, then John Desha. Second lieutenants, Robert S. Moore, promoted to captain October 30, 1862, then Hardin R. Wright.

Co. I was from Spring Hill and Jackson township. Captain, Henry H. Turner from September 30, 1862 to 1864. First lieutenant, Henry H. Turner from July 28 to September 80, 1862; then G. B. Lyon to September 25, 1868; then Lemuel Hargrave. Second lieutenant, David Gibbs; served in 4th Provisional regiment from April 3 to November 22, 1863.

Co. K was from Fairview township and south of Grand river. Captain, Wm. Barnes, from September 27, 1862; served as captain of Co. K, 4th Provisional, from April 28 to November 22, 1863. First lieutenant, Drury N. Mathews. Second lieutenant, J. H. H. Kincaide.

It is proper to say of the Livingston county enrolled militia that the service they rendered the Union cause from first to last was very important, and that their conduct was uniformly good. They obeyed promptly every demand upon them for their services, and often made sacrifices in doing so. Their service was arduous, dangerous and peculiarly unpleasant. To be compelled to war on many of their old neighbors and former friends was certainly not agreeable, and this they were compelled in many instances to do. To attack the bushwhackers. in their chosen haunts was certainly perilous, and their long, hard rides and marches were always exhaustive.

The outrages perpetrated by certain of the militia stationed in this county may not be laid at the doors of the enrolled militia of Livingston, except in few cases. They were nearly always the work of men from other counties. Savage fighters there were among the Livingston men - men who did not make war a pastime, but there were the merest few who were murderers and robbers. In at least two instances men were dishonorably discharged from the service for conduct that would have been winked at by the officers of other militia organizations. The writer has been assured by many persons of former Confederate sympathies that the uniform conduct of the home militia was altogether as good as might have been expected; and the fact that many of the ex-members of the E. M. M. yet reside in the county and are among its best and most respected citizens, seems corroborative of these statements.

But as to the conduct of certain of the militia of other counties, it is perhaps best to pass it by without comment, since the war has been over for twenty-one years, and by-gones of this kind are not pleasant subjects for either discussion or reflection.


Pursuant to "General Order No. 24" the citizens of Missouri liable to military duty were required to present themselves before the authorities and enroll as either "loyal" or "disloyal" to the United States and State Governments. Under this order the following citizens of Livingston county were enrolled as disloyal: -

Headquarters, St. Louis, August 4, 1862.

General Orders, No. 24.

*** All the loyal men of Missouri subject to military duty will be organized into companies, regiments and brigades. * * *

All disloyal men, and those who have at any time sympathized with the rebellion, are required to report at the nearest military post or other enrolling station, be enrolled, surrender their arms, and return to their homes or ordinary places of business, where they will be permitted to remain so long as they shall continue quietly attending to their ordinary and legitimate business and in no way give aid or comfort to the enemy. Disloyal persons, or sympathizers with the rebellion will not be organized into companies, nor required nor permitted to do duty in the Missouri militia.

By order of


C. W. Marsh, Asst. Adjt.-General,

Thos. B. Alnutt James L. Alnutt John M. Austin
Stephen Alnutt Crockett Austin Alex. Austin
Robert Alnutt Andrew Austin Edwin Austin
Joseph N. Alnutt Wm. C. Austin J. W. Albrittan
John T. Alnutt Spence H. Austin Andrew Allen
Marion Anderson, Elliott Curtis, John R. Garmon
John A. Adams, Bainbridge Curtis, G. A. Goben
Wm. J. Aiken, James C. Chadd, J. H. Gitthews
Wm. Auberry, John D. Custard, Wm. Gee
Ira Benson, M. B. Call, Joseph Gill
H. A. Booker, John H. Cooper, H. L. Glaze
P. Blankenship, John G. Cooper, John Gregg
Jacob L. Brenett, Geo. W. Coates, Howard T. Gann
James V. Blankenship Jas F. Coates, Thos. Gann
Thos. E. Brennel, Lawson B. Carter Saml. Gann
David Breese, Alex. H. Carlisle Adam C. Gann
Isaac Blann, John H. Carlisle Abraham Gann
T. R. Bryan, Jr., Lafayette Carlisle Andrew J. Green
Nathan Baker, B. B. Carr John Griffin
Isaac W. Babcock, Robt. Cooper Joseph Graham
John B. Bedell, David Caddell Alex. Galbraith
Wm. W. Black, James Condron Joshua Gibbons
Henry M. Brown, Joseph Clark James Glenn
Henry T. Brown, Evan Cloud F. T. Green
Winton Brown, Calvin Carter Wm. Holland
John Brown, Andrew Craig Jr. Winfield Hood
Absalom Brown Wm. Cloud Napoleon Hood
Spence C. Brown David Dryden James P. Haynes
David Bradford A. Darmitten Harry Hutchinson
John Bradford Wm. L. Dryden lames J. Horton
Myers Burton Robert Duckworth Joseph Hurst
Athan A. Ballew Joseph Darnold George Hoskins
Thos. R. Ballew Jas. H. Duncan James Hosman
Abraham Blann Saml. T. Darr Wm. P. Munro
John Burton Columbus England Henry Hendricks
John P. Boyle Thos. Edrington Wm. O. Hobbs
James Baugh D. L. Edrington Solomon Hendricks
James P. Breese John B. Elliton Thos. J. Howell
John F. Boley Leroy T. Ewing Warren Hudgins
John Bolivar Wm. M. Ewing John Hamblin
Luther T. Collier Andrew Ferguson Jesse Hill
Ezariah Cox Saml. Forester John Harris
Stephen Cox W. P. Frazier Geo. Hooker
Andrew Cox James Frazier Forester Hensley
James M. Cox Henry Frazier John D. Hutchinson
Wm. H. Cox John Frazier David Ingleman
B. F. Cox Burrill Frasure John R. Ireland
Sanford A. Crouch Benj. Ferguson Fred. Jones
M. H. Comstock John W. Garr Jas. N. Jackson
Felix W. Comstock David Girdner Jr. M. M. Johnson
Lewis B. Comstock Wash. J. Gibbons John L. Johnson
Gilbert Comstock James Gibbons Abel Johnson
Jerome Chadd Nathan Gibbons Thos. M. Jones
Chas. Clark Albert Gibbons E. Kirtley
Lafayette King, John Murrell, Obed Shipp,
Jas. W. King, J. H. H. Matson, David Stager,
Wash. N. Kinney, Fred. F. Menefee, Wm. Senton,
Robt. S. Knox, Geo. B. May, Wm. J. Stafford
John S. Kinney, P. T. McGee, Benj. F Smith
Benj. F. Knox, C. M. Mitchell, James Smith
Wiley Linville, Kernper McDonald, Robert Stewart
W. T. Lucas, Thos. C. Nye, Hiram Snead
Willis W. Lucas, J. J. Nabors, Chas. W. Singleton
John W. Lisle, John Newcomb, Thos. Trammell
Jas. W. Lauter, Geo. B. Nave, Anderson Todd
John P. Leeper, Wm. C. Norman, John W. Tinsley
Davidson Lawson, Elias Norman, W. G. Todd
Isham P. Lisle, B. F. Norman, Jasper Todd
John Lucas, Jesse B. Nave, Wm. Todd
S. Liggett, John Newcomb, W. P. T. Thompson
Jas. A. Lilly, Thos. E. Oliver, Robt. H. Turner
Andrew B. Liggett, Wm. P. Overton, James Turner
Geo. L. Lydick, Wm. Peters, Alfred Turner
James R. Leeper, Thos. Preston, Albert S. Turner
P. M. Marlow, Jas. S. Pepper, John S. Tunnell
A. J. McDonald, Thos. Roberts, James Vaughn
Wm. H. Mitchell, Wm. Reese, John A. Wingo
Stephen J. McCormick James Ramsay, Pratt B. Walker
Jas. L. Marlow, John Reese, John W. Williams
Jas. McToney, Jere Reynolds, Geo. W. Wolfskill
Wm. McVay, B. F. Randall, A. J. Wolfskill
A. C. Marlin, Washington Ryan, Henderson Wheeler.
Abraham McClure, H. N. Richardson, Saml. J. Wallace
Wm. McClure, Thos. Ryan, Thaddeus Warden
Crockett McDonald, Henry Reynolds, James Warden
Richard U. May, Oscar Robertson, W. W. Wilson
James Manning, Alex Ramsay, Benj. L. Wilson
Wm. F. Miller, E. G. Simpson, Chas. Wilburn
Geo. Martin, Reuben Samuels, Geo. W. Wingo
P. M. Marlow, John W. Snead, Robt. J. Walker
John A. Mosely, John Snead, Geo. H. Walker
D. M. Marlow, Edward Snead, Wm. Walker
John Miller, Sebron Snead, Scott H. White
U. P. Morrow, Wm. Shumate, Jackson Yates
Wm. Montgomery, Wm. Stevens, John Yates
Andrew McCoskrie, Wm. C. Samuel,
Chas. H. Mansur, Dan. H. Singleton,


October 18, 1862, the first public meeting in Livingston county favoring the emancipation of slaves was held at Chillicothe. S. P. Mountain was chairman and Dr. A. S. Hughes secretary. A committee composed of Thos. E. Jones, Benj. Toner, Esq. Minor, A. J. Greenwell and H. S. Harbaugh reported the following resolutions, which were unanimously adopted: -

Whereas, We, loyal citizens of Livingston county, in mass meeting assembled, viewing with distrust and mortification the present condition of our once happy country, - and believing it to be the duty and interest of every citizen to put forth his every energy to stay the tide of fanaticism growing out of party, personal and sectional animosity, by the adoption and support of such a State and National policy as will harmonize the great interests of the American people - do hereby resolve:

1. That we are in favor of a restoration of the Union to its original integrity, and of securing to every part thereof every constitutional right;

2. That we believe it to be the duty and to the interest of the State of Missouri to adopt the policy of gradual emancipation, with compensation to loyal owners of slaves, as indicated by President Lincoln in his address to the Border States;

8. That we nominate a full ticket for state and county officers on this policy, and pledge ourselves to use all lawful means to secure their election.

Speeches were made by Lieut. L. S. McCoy and Dr. J. H. Ellis, and the latter was nominated for State Senator from this district, then composed of Livingston, Linn, Sullivan and Putnam counties.

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