Rural Missouri - July 2020 - 30

These boys and their dog visit
the monument to Old Drum
located not far from where he
was killed on Big Creek south of
Kingsville. The monument was
built in 1947 by a Blue Springs
man, Fred Ford.

photo courtesy of the Missouri State Archives

the major battles, was wounded ﬁve times and captured
the site. He had mud on his side and there were red hairs
three times. After the war, he entered politics as a Demfrom a sorrel horse stuck to him. Hornsby owned a sorrel
ocrat. He lost a bid to be governor but was elected by the
mule. To Burden, it was obvious who had killed his dog.
Missouri legislature to the U.S. Senate where he served for
He ﬁled suit, asking for $100 in damages. A summons
30 years. He was later appointed to the Interstate Comwas issued commanding Hornsby to appear before Justice
merce Commission by President Theodore Roosevelt.
of the Peace Munroe in Madison Township on Nov. 25,
* Crittenden fought in the Civil War on the Union side.
1869. The legal maneuvering quickly began.
After the war, he was elected Missouri's 24th governor. It
Hornsby's attorneys, Nation and Allen, ﬁled a motion
was here that Crittenden made his reputation. Determined
to dismiss the case because the amount Burden was
to rid the state of outlaws, he offered large rewards for
demanding was beyond the jurisdiction of the justice of
the capture of the gang led by Jesse James. Following the
the peace.
death of Jesse at the hands of Robert Ford, the gang was
Instead, Burden was allowed to amend his suit to the
broken when Frank James surrendered to Crittenden
legal limit allowable, $50, and the trial moved
in person.
forward. However, the jury was unable to reach
* Philips was a colonel in the Union Army. He
a verdict, so the trial was rescheduled twice.
entered politics as a Democrat and was elected to
On Jan. 27, 1870, a guilty verdict was returned,
Congress in 1874. Philips used his connections to
and Burden was awarded $25.
Warrensburg
secure a spot as commissioner of the Missouri
The case wasn't even close to being over.
Supreme Court. He was appointed to the KanHornsby appealed to the Johnson County Court of
sas City Court of Appeals by his friend, Gov.
Common Pleas in Warrensburg. This time Thomas
Crittenden. Later President Grover Cleveland
Crittenden and Francis Cockrell would repremade him a judge for the U.S. District Court for
sent Hornsby. George Elliott and Wells H. Blodgett were
the Western District of Missouri. He would serve as a fedretained by Burden.
eral judge for 22 years.
In the new trial held March 30, 1870, Hornsby and
* Perhaps the most famous of the four, George GraFerguson testiﬁed that they removed lead bullets from Old
ham Vest was born and educated in Kentucky. Traveling
Drum after the January trial in Kingsville. Their testimony
through Missouri by stagecoach, he suffered a broken arm
raised doubts about whether Hornsby caused the death of
when the stagecoach he was riding in wrecked in Pettis
Old Drum. Hornsby received a verdict in his favor.
County.
But Burden wasn't ready to quit. Citing new evidence
While recovering, he defended a slave who was accused
that wasn't available before, he ﬁled a motion for a new
of murder. Despite being acquitted, the slave was lynched,
trial. His motion was granted. Burden hired a new legal
and Vest was urged to leave town. Instead, he decided to
team consisting of John Philips and George Vest of Sedastay and set up practice.
lia, along with his original lawyers, Elliott and Blodgett.
Vest fought for the Confederacy in the Battle of Wilson's
The legal minds pitted against one another have come
Creek. He also served in both branches of the Confederate
to be known as Missouri's "Big Four."
Congress. Vest ran for governor in 1876, but his Confeder* Cockrell served in the Confederate Army, where he
ate record doomed his campaign. He moved to Kansas City
rose to the rank of brigadier general. He fought in many of

RURAL MISSOURI | JULY 2020

Rural Missouri - July 2020

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