Summary of John and Magdalen (Bird) Orr Family Posts.

      I have now spent over a year telling the story of my ancestors John and Magdalen Orr in Scotland and how several of their children immigrated to the US, and Australia.  I am going to take a rest at this point and pursue some other interests.  I hope to come back to this blog in the future and add more stories of other relatives.  Feel free to drop me a note at cwylie179@gmail.com if you have questions or suggestions or if you have stories or pictures you would like to share.  Since I produced the posts in no particular order, here is a list (with links) of the blog posts pertaining to this family.

The parents and their farm

John and Magdalen (Bird) Orr - farmer and staymaker respectively who raised the family at Drumbathie Farm east of Airdrie, Lanarkshire, Scotland.
Drumbathie - information about the farm and some of the activities that took place around it over the years.

The children

John Orr - immigrated to Australia raising his family in Sale, Victoria, Australia.
Thomas Orr - Farmed three different farms in Scotland and then immigrated to near Asheville, North Carolina.
Peter Orr - The first of the family to immigrate to the U. S., arriving before the Civil War.  Spent the war years in 'Bleeding Kansas' and settled in Jasper Co., MO.
Jane Orr - Married a sometimes hatter and sometimes miner and died at the age of 33.
James Orr - My great-great-grandfather.  He immigrated with his family in 1870 and settled in Elk County, Kansas
Margaret C. Orr - Followed her brother John to Australia, married a chemist and raised a family in the Melbourne area through tough times.
Alexander Orr - Businessman, furniture-maker, engineer, carpet entrepreneur and advocate of Women's Suffrage.  Based in Edinburgh, he traveled the world promoting his inventions.
Matthew Orr - Farmer and dealer in horses who immigrated his family to Kansas and settled in Oklahoma.
Madeline (Marion) Orr - Married a successful painter in the Airdrie area but died at 38 in 1881, the same year as her husband.
Richard Orr - A troubled soul who spent significant time in two mental institutions (referred to as lunatic asylums in those days). 

James Orr (1832-1904) and Ann (Aitkenhead) Orr (1830-1918)

For many years as I researched my family tree, James was the only member of the John and Magdalene (Bird) Orr family that I knew.  He was my great-great-grandfather.  I knew he was born in Airdrie, Scotland.  I knew he immigrated with his wife and children sometime before his last child, Agnes, was born and I knew he settled in Southeast Kansas, but that was about all I knew.  It was exciting to discover his 1870 Census entry where he was living with his brothers Peter and Matthew in Jasper Co., Missouri, and has been a delight to find so much information about the rest of his family over the years.
Also, since some of James' descendants have lived for several generations in the same area, there are several family stories about the extended family that get passed down and passed around.  My family did not talk about James and Ann, but they did relate stories about his daughter Ann, and we knew or knew of several other lines of descendancy.  I am also indebted to two sources for personal stories about James and Ann.  The first I have mentioned in many of the separate articles on the Orr family.  It is the book "Ancestry of W. M Richards and A. Elizabeth "Betsey" Gwinner" by Mary Beth Dunhaupt Figgins, published by lulu.com in 2013 available on the Nook reader from Barnes & Noble.  For the rest of this article we will abbreviate references to it as [Figgins, 2013].  I also have a copy of a typed open letter written by Hyla (Trimmell) Bacon to "Descendants of Annie Orr, Nathan Ware, Elizabeth Johnson, and Reuben Farlow Busby." dated April 1981 which will be abbreviated [Bacon, 1981].
As to his birth date, [Figgins, 2013] says it best, "There is some confusion as to the date.  According to his obituary he was born on 20 Jun 1831, a relative in Scotland gives the date as 7 Jan 1832, while another relative says 7 June 1832."  June and January are easily mixed up (abbreviated Jun and Jan) in handwritten records.  If I were to choose I would say 20 Jun 1832 but it is only an educated guess  His age is given as 8 in the 1841 Scotland Census (census date June 6) which is the earliest official record of his age.

1851 - Transitions

There are three clips from history regarding James Orr in the year 1851.  We will present all three items and then try to work up a reasonable explanation that pulls them all together.  First up is a 1851 Census record that is likely a reference to our James as a servant on a farm called "Park."

Figure 01: 1851 Scotland Census, East Kilbride Parish, Lanarkshire, Scotland.

Next is a marriage record (probably a record on a marriage bann announcement) of James Orr and Ann Aikenhead. on July 7.

Figure 02: Scotland Old Parish Marriage Records, East Kilbride Parish, Lanarkshire, Scotland

The third item is a birth record for James' and Ann's first child Isabella.  Here, it has been split in two parts and enhanced with column headings for easier display purposes.

Figure 03: 1851 Scotland Old Parish Birth Records, East Kilbride Parish, Lanarkshire, Scotland.

There is a 1851 Census has the parents of James Orr -- John and Magdalen (Bird) Orr -- living at Drumbathey House near Airdrie, but James is not listed with them.  A similar situation exists with James' future wife Ann Aitkenhead.  Ann's family -- James and Isabella (Smith) Aitkenhead -- are listed as living at Hurlycrook (i.e. Hurlawcrook) in East Kilbride Parish, Lanarkshire, but Ann is not enumerated with them.  This leads me to believe each was living and probably working elsewhere on their own.
Figure 01 shows the most likely entry for James.  That page shows him living on the 160-acre "Park" farm which was about 1.5 miles south of Hurlawcrook.  One should note that James' birth place is listed as "Old Monkland" which was adjacent to "New Monkland" where Airdrie and Drumbathie were located.  The line between the two parishes lies somewhere between Airdrie and Coatbridge.  Since those cities are only about 3 miles apart, one could easily be in Old Monkland but be considered in the Airdrie area.
A clip of the most likely 1851 Census entry for Ann Aitkenhead is shown below in Figure 04.  The page shows her as working as a house servant on a 113-acre farm occupied by John Morton.

Figure 04: 1851 Scotland Census, East Kilbride Parish, Lanarkshire, Scotland.

The farm shown in Figure 04 looks like "Esperhill", but I believe it to be "Arpohill."  The Ordnance Survey Name Book of 1858-1861 confirms Arpohill was occupied by John Morton.  Arpohill is about 1/2 mile south of the Park farm where James Orr was working -- very convenient for the young couple in love.

Figure 05: Map Index to the Ordnance Survey of Lanarkshire, pub ca. 1885 (annotated)

This situation, James working at one farm and Ann working at another farm house close by, is the basis for evaluating the marriage record in Figure 02.  I believe this record is of the marriage banns being announced.  The actual marriage date is somewhat in dispute.  The marriage banns has a date of 7 Jul 1851.  The birth record of three of their children (John, James and Mary) give "1851 June Kilbride" as their parents marriage date and location.  Lastly, Ann's obituary in the Howard Citizen (shown later) claims a marriage date of 20 Jan 1849 as the marriage date.
There can be several conjectures about the 'real' date.

• The dates (of 7 Jul and 20 Jan) look suspiciously like those of James' possible birth dates (7 Jan, 20 Jun, 7 Jun) so perhaps the marriage and birth dates were mixed up at some point.
• The marriage banns were often not the date of the marriage ceremony, however the banns usually preceeded the ceremony.
• The impending birth of Isabelle (which took place on 15 July) may have lead to a desire to officially recognize the marriage.
• There may have been local customs of 'irregular' marriage that offered alternatives to officially recorded marriage ceremonies.  Below is information (and misinformation) on such customs.

Historical handfasting
The custom of handfasting is often assumed to have its origins in ancient, pre-Christian times, although there is little concrete evidence of this. More is known about the custom as it existed in the Middle Ages.
In medieval times, handfasting represented the betrothal (or engagement to be married) of the intended couple, not the actual marriage itself.
The romanticisation of handfasting
In the late 18th Century a combination of rumour, misreporting and romanticisation led to the belief that handfasting had historically been a trial marriage lasting a year and a day, but which had by then fallen out of use. This myth became even more widely spread after Sir Walter Scott used the imagery in his novel The Monastery (1820). The belief may have formed around the custom of couples meeting at large annual gatherings and taking the opportunity at the next annual gathering to marry or part.
The Marriage (Scotland) Act 1939 and the Family Law (Scotland) Act 2006
'Marriage by consent' stopped being legally recognised in most of Europe during the Reformation in the early 16th Century. However, in Scotland, 'irregular' marriages continued to be legally recognised right up until the Marriage (Scotland) Act of 1939. Before 1939 handfastings which took place in lieu of a church wedding were legally recognised as weddings resulting in marriage. Even after 1939 marriage 'by cohabitation with habit and repute' was legally recognised until the Family Law (Scotland) Act 2006 was passed. -- from bbc.co.uk website.

Hard Work and Hard Times - Life in Scotland

After a great deal of searching, I have not uncovered any newspaper article that mentions James or his family in any way while they lived in Scotland.  Perhaps this is a good thing in that most reports on blue-collar working men occurred only  if they died in an industrial accident, were badly injured or were in trouble with the law.  Apparently James avoided these events so that what we know about the family is from census, birth and death records and county directories of the time. The following table will give some sense of where the family lived and James' occupations.  All locations were in Lanarkshire, Scotland.

Date	Event	Location	James' Occupation
1851	1851 Census (James)	Park, East Kilbride	Farm Servant
1851	1851 Census (Ann)	Arpohill, East Kilbride	Farm House Servant
15 Jul 1851	Birth of dau. Isabelle	HurlawCrook, East Kilbride	not given
14 Sep 1855	Birth of dau. Ann	11 Commonside St., Airdrie	Carter
15 May 1857	Birth of son John(1)	51 North St., Airdrie	Pitheadman
17 Feb 1858	Death of dau. Magdalen	Grahamshill	Pitheadman
24 Aug 1859	Birth of son James(1)	Grahamshill	Pitheadman
28 Aug 1859	Death of son James(1)	Grahamshill	Pitheadman
18 Mar 1860	Death of son John(1)	Drumbathie	Pitheadman
1861	1861 Census	Drumbathie Rd Farm	Farmer of 45 acres
23 Aug 1862	Birth of son James(2)	Drumbathie	Pitheadman
1862	1862 Directory	Drumbathie Farm	not given (implied farmer)
7 Dec 1864	Birth of son John(2)	Drumbathie Farm	Pitheadman
19 Jan 1867	Birth of dau. Mary	Aitcheson Street, Airdrie	Pitheadman
1868	1868 Directory	Drumbathie Farm	not given (implied farmer)

As can be seen in the above table, James had several occupations as an adult.  A "Carter" was of course someone who drove a cart, i.e. a deliveryman.
A Ptiheadman had a broad definition.  The simplest definition is the most obvious one, he was a "man" who worked at the "head" of the mine or "pit" (i.e. the top of the mine shaft).   This meant that he worked above ground.  "The Mining Institute of Scotland -- Transactions, Vol. X. -1888-89", page 99-101 outlines many aspects of the job.  The Pitheadman's stated responsibilities included that the he shall:

• work for the Manger, Under-manager or Overman (I.e. he was a salaried employee for the company)
• oversee the activity at the top of the mining shaft (including all persons and ore coming up and going down the shaft)
• periodically check equipment and machinery for proper operational condition
• periodically perform safety checks such as whether material could fall into the shaft and report or relay reports of safety concerns from the miners.
• lock up and secure the premises at the end of the shift or day
• in the absence of a "Weigher", fill  that roll.  This included weighing the extracted ore which determined how much the miners got paid, and making proper deductions for extraneous stone and debris.

While living at Drumbathie, and perhaps at Grahamshill, he and his family were also involved with farming activities.

From the job description I gather he was a hard worker and reliable supervisor and it was a way to provide for his growing family.  As we have seen the first child, Isabella was born on 15 July 1851.  I have seen some give her full name as Isabella Smith Orr, after her maternal grandmother.  In my family she was always referred to as "Belle".
Sometime around 1852, a second child was born named Magdalen, likely named for her paternal grandmother.
On 14 Sep 1855 at 9 pm a third daughter Ann was born.  I was always told that her full name was Ann Aitkenhead Orr, after her mother's maiden name.  After she immigrated to the U.S. she "wished to seem completely 'American', so added an 'i' to her name" and "was always known as Annie." [Bacon, 1981].  Calling her "Annie" was common in my family as well.  Later in many newspapers in the Elk County, Kansas area she was referred to a Anna.
Ann was born at 11 Commonside St. on the north side of Airdrie.  The following photo shows Commonside St. probably in the early 1900s.

Figure 06: Commonside Street, Airdrie, Scotland; from Scottish Mining Website (scottishmining.co.uk)

If I were to speculate about the picture, it would appear to be taken in the summer (length of shadows is short).  Since Commonside is roughly a north-south street and the shadows are pointing away from the camera position, the perspective is probably looking north at about 10am.  That would put the odd-numbered houses (perhaps even No. 11) on the left.  This is corroborated by the street running off to the right (above the boy standing in Commonside street) since no street entered Commonside from the west except at its southern most point.
On 15 May 1857, James' and Ann's first son was born.  Following tradition they named him John after his paternal grandfather.  The address given for his birth was 51 North Street in Airdrie.  There does not appear to be a "North" Street in Airdrie at the time.  Perhaps North Bridge was meant it was a southward continuation of Commonside St.
With four children, the family was growing fast, and in late 1857 or early 1858 the family moved to Grahamshill, a farm near the old homeplace of Drumbathie where James' parents still lived.   Although close to family, this would turn out to be a location filled with sorrow.  On 17 Feb 1858, five-year-old daughter Magdalen died of "Hooping Cough and Hydrocephalus."  On a typical week in March of 1857, 72 children died of whooping-cough in London alone.  Today the average in all of England and Wales is less than 10 deaths per year.
On 24 Aug 1859 another son was born named James, after his father no doubt.  The joy at Grahamshill was shortlived.  Four days later on the 28th he (son James) passed away of "Congenital Deformity."   In a strange coincidence about 30 years later (1885), his sister Ann would give birth to a son, name him James, and he would die only a few days later.  I was told that he too died of some sort of congenital deformity.
Finally on 18 March 1860 son John died of "Inflamation of Lungs" at Drumbathie.  Perhaps the family had moved from Grahamshill by then.
At this point only Isabella and Ann remained.  Perhaps the situation made James and Ann more sensitive to the health of their children.  The following story about their daughter Ann is taken from [Bacon, 1981]

Annie was small for her age as a child -- never more than 4' 10" as an adult,  Her parents repeatedly despaired aloud that they doubted they could "raise their wee one alive" and tried to improve her growth by sending her to the highlands every summer to work in the fresh air for strangers as a milk maiden.  She related stories of these summers when she felt abandoned for as long as she lived.... and chuckled at the age of ninty that her parents worried for no reason about her health because she "outlived all the others" by many years.

It is only conjecture on my part, but it is possible that she was not sent all the way north to the highlands and was not with strangers.  About 1867, when Ann would have been 12-years-old, her uncle Thomas Orr, started farming about 7 miles northeast of Airdrie at Limerigg so this could have been a more reasonable choice.  Thomas and his wife Mary had no children so she would still have been quite lonely.  I have no reason to dispute the story though.

According to their death records, all three children who died in childbirth -- Magdalen, John and James -- were buried in the Broomknoll Churchyard in Airdrie as well as their grandfather John Orr who died in 1859.  No markers exist confirming these graves and the church yard has been paved over.  See the post about John Orr (1786-1859) for more on the story of these burials.

The 1861 Census shows the family living at Drumbathie.  James, Ann, Isabella and Ann are living at one house and James' mother and brother (Madaline and Richard) are living in another house but both are listed as being at Drumbathie.

Figure 07: 1861 Scotland Census, New Monkland Parish, Lanarkshire; Drumbathy Farm and House

The next few years would see the family grow.  First, two more sons were born at Drumbathie and the names of the two who had just passed were reattached.  James was born on 23 Aug 1862.  Later in life his name would be styled James Alexander, but his birth record just says James.  On 7 Dec 1864 John was born.  Later in his life his name would be styled John C. Orr.  On both birth records, James (the father) is said to be a Pitheadman.
On 19 Jan 1867, daughter Mary was born. The birth record gives an address of 61 Aitcheson Street, Airdrie.  Aitcheson (or Aitchison) is on the west side of Airdrie and is a westward extension of High Street.  The address is where the birth occurred and not necessarily where the family lived, but it would be somewhat rare if it wasn't.  An 1868 county directory lists James Orr living at Drumbathie, but that information could be stale.

Going to America - 1870

By the late 1860s James' siblings were far flung.  Peter (and perhaps Matthew) was in the U.S., John and Margaret were in Australia, but they all kept in touch via letters.  In particular it seems that Peter gave rather glowing reports of the economic conditions in the New World.  [Bacon, 1981] states that reports from America came in saying that "money grew on trees."  In my family I was told that correspondence stated that prosperity abounded and that "they threw milk and other food out the back door" because they had so much of it.  A new life in the U.S. would be a tempting offer to someone struggling to feed his family in the tough economic times of the Scottish industrial corridor.  To sweeten the pot, Peter and wife Agnes came to Scotland for a visit and perhaps with the express purpose of accompanying the family on their voyage to America.  However it unfolded, in the spring  of 1870 the James Orr family decided to leave Scotland for The States.  As far as I know none of them ever returned even to visit their native land.
Likely they would have seen advertisements like the following.

Figure 08: Glasgow Daily Herald, 5 Apr 1870, page 8, col 6.

As one can see from Figure 08 the Anchor line had 13 ships that together offered bi-weekly service between  Glasgow and New York.  The ships would stop briefly at Moville, Ireland (on the bay called "Lough Foyle") to pick up more passengers.  They were scheduled to leave Glasgow on Tuesdays and Fridays.  Our sojourners had booked passage on the Columbia that was scheduled to leave Glasgow on the 29th of April
The Columbia had been launched on its maiden voyage about four years earlier on 10 Sep 1866.  According to norway-heritage.com, it is described as a  "Clipper stem, one funnel, three masts (ship -rigged for sail), iron construction, single screw and a speed of 10 knots.  There was accommodation for 80-cabin and 540-3rd-class passengers."  Its dimensions were about 285 feet long and 33.5 feet wide.    By modern comparison, a Boeing 747-400 aircraft is about 230 feet long and a little over 20 feet wide.  Figure 09 below shows a Currier and Ives portrait of the ship.  The configuration was fairly typical of the passenger ships of that time.  It was meant to be propelled by steam power, but in the event that the propulsion systems failed, it was fully capable of being sailed.

Figure 09: Artwork by Currier & Ives, ©️National Maritime Museum, Greenwich, London

If you want to research this ship further, bear in mind that there was a second Anchor Line ship called the Columbia launched in 1902.

In command of the Columbia was Captain James Dumbreck.  His Master's Certificates files from the National Maritime Museum in London show he had been working on board ships since at least May 1852 when he was about 15 (he was born in 1837 in Glasgow).  He had been granted his Master's license on 10 Feb 1862.   He had been sailing for Anchor Line since at least 1865 but had only been  captain of the Columbia since November 1869.

Captain Dumbreck had had some difficulty on the previous trip into Glasgow from New York as we can see in this story.

Figure 10: Greenock Advertiser, Tue 26 Apr 1870, pg 2 col 4

No damage is mentioned to the ship, so having arrived 23 April, she was ready for a quick turn around.  As stated earlier the family was booked to leave on 29 April.  The Columbia was docked at Greenock, a port city west (down the Clyde River) from Glasgow.  The area is known as the "Tail of the Bank." This is from a sand bar which runs out into the Clyde immediately to the east of the port, marking the end of navigability for ocean vessels.

While getting the luggage on board on 29 Apr, another accident occured.

Figure 11: Greenock Telegraph and Clyde Shipping Gazette, 30 Apr 1870, page 3

Boarding along with James and family were James' brothers Peter and Matthew and Peter's wife Agnes.   James was probably 38 years old, and wife Ann was 39 and 6-7 months pregnant.  The children ranged from Isabella, who was nearly 19 down to Mary who would have been 3.   We know who boarded the ship from the passenger list filed at the end of the voyage.
The voyage itself seems to have been a typical one for an immigrant ship in the Anchor Line.  It started out on the 29th

Figure 12: Greenock Telegraph and Clyde Shipping Gazette, 30 Apr 1870, page 3

As advertised it stopped by Moville, Ireland (on Lough Foyle) to pick up a few more passengers.  The Shipping and Mercantile Gazette of 2 May reporting that it arrived at 1pm on the 30 Apr, then "embarked passengers, and proceeded for New York at 6 o'clock" the next morning (May 1).

In Figure 08 above, it seems our travelers had paid six guineas a person for steerage accommodations.  According to a handbook for travelers of that time, half-fare was charged for children under 12.  James' family then had four at full-fare and three at half-fare for a total of 33 guineas.  As a pitheadman, James probably only made about a guinea a week, so this represented close to 8-months wages.

For this substantial sum the travelers would receive passage to New York and all of the amenities of the Anchor Line steerage service which were quite meager.  According to the "Handbook For Immigrants to the United States" prepared by the American Social Science Association in 1871, this would include meals which "generally consists of fresh bread, tea or coffee, and gruel, if wished, for breakfast and supper, and beef or pork, soup, fish, and potatoes, for dinner."  The only other thing provided was essentially the right to find a crowded spot in the lower deck(s) in which to try to live for 10-14 days.  Single women and families were usually placed in separate areas.  "On the Anchor Line, nationalities are kept apart when in sufficient number." (This was probably not necessary in that most of the passengers on this trip were from the British Isles.)  "Passengers must provide themselves, in all cases, with mattress, bedding, plate, mug, knife, fork, spoon, and water can."
The Handbook goes on to warn that the immigrant should have "one or more stout boxes [filled]  with substantial clothing, including boots and shoes, part for winter, part for summer wear, all costing much more in the United States than in Europe."  The individual ship companies had rules about having access to clothing during the voyage.  Immigrants were also warned about the effects of the "change of diet" at sea and that the "choice of acquaintances among the passengers should be very cautious, especially on the part of women."
I have read several accounts of ocean crossings at the time and they report experiencing various levels of cuisine, sanitation and safety on such voyages.  All report cramped and dark conditions below deck, food being doled out with a bare minimum of civility and a constant wariness of the other passengers and sometimes the crew members.  Seasickness was rampant.  Going to the upper deck for fresh air and sunlight was possible (when conditions allowed) but as many sought this refuge, it was crowded as well.
I only have a couple of personal stories from the voyage passed down through Ann (the daughter).

Annie was nearly lost overboard during the boat trip.  Travelling conditions in the boat's hull were crowded and untended.  Seasick immigrants were usually unable to clean up after one another, and those able to do so spent days on deck.  During a moment of nausea, Annie leaned too far over the ocean and would have fallen overboard had a sailor not grasped her skirt and pulled her back on deck. -- [Bacon, 1981]

I remember my mom retelling a story that Ann and Belle were on deck one day and a young man, wishing to impress Belle, a 19-year-old Scottish lass, showed her an apple.  Fresh fruit was a real treat on the ship and after catching her eye, he tossed it to her.  There may be more to this story.  The ship's passenger list for this voyage of the Columbia shows a fellow passenger to be John Snedden born about 1843.  Belle married John G Snedden (born 24 Jun 1842) in 1872 in Jasper Co., MO.  I suspect the two John Snedden's were one and the same person and I tend to thin the "young man" was her future husband.

Although the voyage was relatively uneventful, the ship's passenger list shows the following three events were logged.

• 3rd May 1870, Isabella Wilson Steerage Passenger and wife of James Montgomery, Miner, was safely delivered of a Male Child at 4:30 am today -- both mother and child doing well.
• 10th May 1870, William Ford, Shoemaker, Steerage Passenger Aged 38 years died at 0:30 am today - Cause of death - "Meningitis."
• 12th May 1870, Mary Donaldson, wife of James Ford, ?? was delivered of a still born child at 10 pm today -- mother doing well.

I don't have any stories directly relating to the Orr family arrival at New York, so we will tell the story with some reported facts and some educated guesses.  There was regular processing of inbound ships and their immigrant passengers.  The set of events would have been that the ship would come around the south side of Long Island and would anchored briefly off Sandy Hook, New Jersey to take on one of the Sandy Hook Pilots who were authorized to pilot ocean-going vessels into the waterways around New York.  The Columbia was reported as having "arrived out" on 14 May.

Also it is likely at about this point that another visitor arrived to inspect the health of the crew and passengers of the ship.  The following excerpt describes the process.

The cabin passengers are gathered together aft, divided off by a rope stretched across from side to side, while the forward deck is black with the mass of steerage passengers.
A few minutes later the latter are passing in single file before the Health Officer, those who forget to uncover their heads being quickly reminded of the fact by the energetic ... ship's officers. Each one holds up his green ticket, which furnishes evidence of his vaccination by the ship's surgeon, and which he will also need on some of the emigrant trains going West.  -- "Barriers Against Invisible Foes", by Frank Linstow White, from Frank Leslie's Popular Monthly, Vol XXXIII, No. 6, June 1892

This health check took place in an area about six miles south of the city in an area called quarantine since they would be held under quarantine indefinitely if necessary.  The Columbia seemed to have passed  health inspection with no problems detected

With the health inspector still on board to oversee compliance with the law prohibiting communications between ship and shore before landing, the Sandy Hook Pilot would guide the to ship through the lower bay, the upper bay and finally up the mouth of the Hudson river (sometimes refered to as the 'north river' to the Anchor Line's dock at Pier 20.  This pier no longer exists, but was located very near the future location of a well known landmark -- the World Trade Center.  Below is a picture of Pier 20 from 1866.  It is clipped from a stereoscopic picture.

Figure 13: Clip from "East River Pier 20, New York, N.Y.", The Library Company, Philadelphia, ca. 1866

In route to the pier, they would have viewed the New York and New Jersey shore and the city as it existed at that time.  Although the city was a crowded, busy metropolis, the tallest structures were mostly church spires.  There were no skyscrapers since the first such building was the Home Insurance Building in Chicago of 10 stories built in 1884/5.  Also there was no Statue of Liberty to view since the arm of that statue, the first part to be displayed in the U. S., was first placed in Philadelphia in 1876 and then moved to Madison Square Park, in New York City that same year.  The entire statue was not erected at its present location until 1886.

Nor did the well-known immigrant facility at Ellis Island exist at this time (it opened on January 1, 1892.)  The Orr's were probably processed through facilities at Castle Garden.  For the week of May 14, 1870, there were over 10,000 immigrants processed there.  Below is the weeks published report.

Figure 14: New York Times, 15 May 1870, page 6, col 4

The ships passenger list shows 660 steerage and 20 cabin passengers.  So there is either a discrepancy with the numbers reported at Castle Garden or some passengers (non-immigrants?, cabin passengers?) may not have been processed through this facility.    Assuming that the Orr's were processed through, here are some particulars of how that should have happened.
Typically the ship discharged the cabin passengers via a gangplank on the dock side of the boat but the steerage passengers were discharged on the water side of the boat onto a waiting vessel.  These would then ferry them to Castle Garden which was located in lower Manhattan in an area known as The Battery (so named for the artillery batteries that were stationed there in earlier times.)

After an examination of the luggage, it is checked, and the passengers with their luggage are transferred to the barges and tugs, and landed at the Castle Garden pier.  On landing, the passengers are examined by a medical officer, to discover if any sick have passed the health authorities at quarantine ... and likewise to select all subject to special bonds under the law, as blind persons, cripples, lunatics, and any others who are likely to become a future charge. This examination being ended, the immigrants are directed into the Rotunda, a circular space with separate compartments for English-speaking and other nationalities, to the Registering Department, where the names, nationality, former place of residence and intended destinations of the immigrants, with other particulars are taken down.
The passengers are then directed to the Agents of the Railroad Companies, from whom they can procure tickets to all parts of the United States and Canada, without the risk of fraud or extortion to which they are subjected outside the Depot.  In the mean while, the baggage and luggage are stored in the baggage room.  A brass ticket, with any letter of the alphabet from A to F inclusive, and a number from 1 to 600, is delivered to the immigrant on landing, and a duplicate fastened on his piece of baggage.  The trunk or box is then placed in the baggage room.  ... When the immigrant produces his ticket, a baggageman at once goes to the bin indicated by the letter and number on the ticket, and delivers the baggage required. The immigrants destined inland, on delivery of their check, take their baggage to the weigher's scales.  After having been weighed and paid for, it is sent free of charge to the depot of the railroad.... -- "Handbook for Immigrants to the United States", prepared by the American Social Science Association, Boston, 1871, pages 10-11

Castle Garden had been brought into existence so that access by travel company agents could be controlled and monitored and swindlers and other criminal types could not access the newly arrived immigrants.  I have read at least one account, though, that some of this processing could be avoided.  With Peter and Agnes to guide them it is possible some or all of this process might not have happened to the James Orr family.  They knew where they were headed, spoke English, and had someone to guide them.  At some point they headed west for Missouri, probably by train.  There were probably a number of train routes they could have taken to get them into the state of Missouri.  I believe there was a train available through Springfield, but not one to Carthage.  It is quite possible a stage was taken over the last segment of the trip.

Missouri - 1870-1872

Sometime probably in late May of 1870 the Orr families arrived in Jasper County, Missouri.  The recent travelers are all listed in the U.S. Census excerpts below.  It indicates James and family were living in a separate house.

Figure 15: 1870 US Census, Jasper Twp, Jasper Co., MO, Peter Orr and James Orr families.

The Census date in 1870 was June 1.  The date the page was filled out is given as 20 August.  The census taker followed correct procedure and did not enumerate daughter Agnes who was born July 5, 1870.

Despite the picture of the bountiful land that encouraged them to immigrate to the U.S., I was always told that daughter Ann reported that times were difficult in that first winter.  She reportedly said they almost starved and she didn't know where all that milk had gone to once they arrived.
The family did not stay in Missouri long, but in 1872, the following happy event happened.

Figure 16: Carthage Banner, 4 Apr 1872, page 2, col 6

Elk County, Kansas

About 1873, according to James' and Ann's obituaries, the family moved to Elk County, Kansas.
Census and other records show that James farmed in Paw Paw Township for the rest of his life
There are some stories, perhaps apocryphal, passed down about these early years in Kansas.  These are quoted from an internet site salmond.info [filed under "Anne Aitkenhead  (I7346)"].  [Figgins, 2013] attributes them to a March 1979 letter from Margaret Ware Shafer to Jean Ware.

Great Grandmother Orr (Ann Aitkenhead) was a large woman and they tell of her being able to butcher a hog and carry it on her shoulders. They lived on Indian Creek near Cave Springs and it was a trail that Indians constantly travelled. THey stopped at their cabin to help themselves to food and whatever else they wanted. One day Grandma's brother John (Orr) then about 5 picked up the old Indian's gun, (he had set down to hunt for tobacco in the house) The old Indian began to scream and yell "it's totted, it's totted, (meaning loaded). One day they found the freshly butchered pork in the shed and after Great Grandma (Ann Aitkenhead) Orr had told them she had no meat. They turned around and said "white squaw lie, plenty hoggy meat" to which Great Grandma replied "no lie, man's meat, no woman's meat" but they took it anyway. Another time Grandma (Annie Orr) Ware told of the long string of Indians marching in single file by their cabin, one squaw dropped out, went beside the shed, had her baby and fell into line without missing a step.

At Drumbathie in Scotland, James had farmed about 45 acres (1861 Scotland Census) of rented land.  If Kansas had anything to offer in the 1870s it was land, so he quickly became the owner of much more land.  Although not as prosperous as his brother Peter in Missouri, he built it into a sizable estate.  The following table shows information from the Agricultural Census.
Source Description Products Animals

Source	Description	Products	Animals
1875 KS Census	160 acres 80 acres under fence 25 rods (>400 ft.) stone fence	corn, oats, castor beans, cotton 100 lbs. butter	1 horse, 1 mule 2 milch cows, 2 other 25 swine
1880 US Census	160 acres 75 acres cultivated 85 acres unimproved	beans, corn, potatos 400 lbs. butter 75 doz eggs	4 horses 8 milch cows, 58 other 6 swine 24 chickens
1885 KS Census	560 acres 530 acres under fence	millet, corn, hay (prairie grass) 500 lbs. butter	6 horses, 3 mules 7 milch cows, 86 other 12 swine
1895 KS Census	490 acres 90 acres cultivated 100 rods (1650 ft.) stone fence	corn, oats, millet 100 lbs. butter sold $100 eggs sold	13 horses 6 milch cows, 25 other 30 hogs

James apparently sold the smaller farm for a bigger one in about 1881 as seen in the following clip.

Figure 17: The Howard Courant, 3 Mar 1881, page 3, col 5

In 1885, his farm was located about 2 miles northeast of Fiat, Kansas in Section 2, Township 29 South, Range 11 East.

Figure 18: Historical Atlas of Elk County Kansas, Davy Map and Atlas Co., Chicago, IL, 1885

The property from this farm was sold at an estate sale in 1908.

Figure 19: The Citizen (Howard, KS), 9 Sep 1908, pg 3, col 5

In the above descriptions of the farms, it may be noticed that significant "stone fences" and a "stone stable" are mentioned.
James was not only a farmer but it seems he was skilled as a stonemason.  The following article would appear to refer to James.  (Note:  I believe the word "tearms" below is a misprint and meant "teams" as in "teams of horses.")

Figure 20: The Citizen (Howard, KS), 18 Sep 1878, page 3, col 1

This courthouse no longer stands.  The current courthouse is a newer one built in 1907.  There is a picture of the old courthouse at https://www.kshs.org/km/items/view/209814.

In 1894, the following news item appeared.

Figure 21: The Citizen (Howard, KS), 23 Nov 1894, Page 4, col 3

"Mr. Aithenhead" is probably Ann's nephew William C. Aitkenhead who had recently immigrated to Canada and then moved to Kansas.  He lived in Kansas for several years but eventually became a professor and head of the department of agricultural engineering at Purdue University in Indiana.

A few years later James' brother Alexander Orr paid James a visit.  See the article on Alexander for more on this brief trip.

Figure 22: The Severyite (Severy, Kansas) 5 Nov 1897

James' and Ann's children grew up and moved away over the years.

• As has been mentioned, Belle married John Snedden in Missouri in 1872 and they soon moved to Boone Co., IA.
• Annie eloped with Nathan Edward Ware of VIrginia about 1873.  They lived in the Cave Springs area and began a family.  In 1890 he returned to Virginia to visit his mother and never returned leaving Annie to raise the family in Kansas on her own.
• Mary married John William Richards in 1885.  They farmed in a number of places in Elk, Greenwood and Wilson Counties.
• James, attended college and became a teacher and popular orator.  He married Cora Grimes and got his law degree at the University of Kansas 1894 and became a successful lawyer and judge in Colorado Springs, CO.
• John married Eva Daniels in 1894.  He farmed most of his life in Paw Paw Township, Elk Co., KS.
• Agnes married Minor Thomas in 1895.  Minor shot and killed a man in Parsons in 1917.  He was found "not guilty by reason of insanity" and sent to the criminally insane ward of the State Penitentiary in Lansing, KS.  Agnes lived in Elkhart, KS. for many years.

James Orr died in 1904.  His probate file (Greenwood Co., KS, file #1300) is quite large at 104 pages.  I am sure a careful investigation of that might reveal much more about James, but that will have to wait for someone else.  His son James, a lawyer, as one of the administrators of his estate.  This could explain the volume of paperwork.  One piece caught my eye, however.  There are several typed pages of court testimony validating the will.  The judge briefly questioned son James as to his father's mental state in the last few days of his life.

Figure 23: Probate Court Records, Greenwood Co., Kansas, Case # 1300.

Obituaries

Figure 24: Howard (KS) Courant, 21 Oct 1904, page 5, col 4.

Figure 25: The Severyite (Severy, KS), 20 Oct 1904, page 8, col 3

The children continued to take care of their mother as she stayed with them for various lengths of time after James' death.  So it was that in 1918, she was staying with her daughter Belle in Boone, IA when she passed away.

Figure 26: The Citizen (Howard, KS), 22 May 1918, page 1, col 1

It takes a lot of intestinal fortitude to leave your ancestral home and start a new life in a new country.  It takes strong emotional resilience to survive without ever going home again.  But most of all, it just takes continuous, faithful, hard work to actually make such a move successful over the long haul.  I am proud to be a product of all those qualities of James Orr and Ann Aitkenhead, my great-great-grandparents.

Peter Orr (1828-1875) and Agnes Shanks (Thom) Orr (1830-1904)

To understand how I arrive at Peter's birth date, one must first understand the relationship between the names Peter and Patrick in Scotland at the time.  The following clip will illuminate.

Figure 1: Notes and Queries: a Medium of Inter-Communication for Men, General Readers, etc.  Series 3, Vol 13, Jul-Dec 1867, London, 1868, pg. 170

The book referenced in Figure 1 goes on to explain that Patrick is pronounced, in Scotland as Paterick and was often abbreviated in old deeds as Pat'r or Pater.  The name Peter was pronounced more like Pater with a long "A" sound.  Thus the two names were seen as interchangeable as it would have been confusing to try to separate them.  With this in mind, here are some facts.

1. In her book 'Ancestry of W. M. Richards and A. Elizabeth "Betsey" Gwinner' , 2013, lulu.com, Mary Beth Dunhaupt Figgins cites some correspondence with John Linklater in 2000 stating that Patrick Orr was born to John and Magdalene (Bird) Orr on 3 Nov 1828. A son named Peter is apparently not mentioned in this correspondence.
2. On Peter's grave marker in Jasper County, Missouri his birth date is recorded as 3 Nov 1830.
3. The 1841 and 1851 Scotland Census give Peter's ages as 12 and 22 respectively, thus indicating he was born in the later part of 1828 or first part of 1829.  Thus this points to Nov 1828 as a birth month.
4. Every mention of his name in records and newspapers that I have seen calls him Peter.  I have found no mention of Patrick.

From this I would believe the best explanation is that Peter and Patrick are the same person and that he was born Patrick (a.k.a. Peter) on 3 Nov 1828 but was almost exclusively called Peter.   A less likely alternative explanation would be that Patrick was born in 1828, perhaps died before he was 2 when Peter was born exactly 2 years later and the Scotland Census of 1841 and 1851 were consistently wrong on Peter's age by two years.  Occam's Razor would lead me to the first explanation.  For the rest of this article we will maintain he was born in 1828 and will call him Peter.
The above mentioned Census entries reveal minimal information about Peter.  Both times he is living at home with John and Magdalen.  He was born at Airdrie in Lanarkshire.  In 1851 he was a "labourer."

Immigration - 1850s

I wonder if Peter had not decided to come to the U.S. would any of the other brothers (James, Matthew and Thomas) have made the trek.  His older brother John had immigrated to Australia around 1852 so it is unclear why Peter chose the U.S., but I believe he was the first of his family, to arrive in the states. Sometime between 1851 and 1857 Peter made the trip to the U.S.
His emigration date is in question.  I have yet to find a source that even states a year.  The only reasonable record I find on passenger lists and naturalization records is the following.

Figure 02: Pennsylvania Passenger and Crew Lists 1800-1962, M425 image 077;

This entry lists a Peter Orr of approximately the right age from Scotland.  He was a mason by trade.  He was aboard the 'City of Manchester' and arrived at Philadelphia on 26 May 1854.  The City of Manchester was one of three ships in the Liverpool and Philadelphia Steam-Ship Company that plied the waters between those two cities.  I have no other information to corroborate that the Peter Orr of this sketch was ever a mason.  The advertisement indicated the ships of this line had 2-, 3-, and 4-berth State Rooms for 21, 17 and 15 Guineas per berth and a limited number of third-class passengers for 8 Guineas.  Peter is listed as a steerage passenger.
The question of course is whether this traveler is the same as the subject of this article, and that boils down to a question of whether Peter Orr was ever referred to as a Mason anywhere else.  One way to corroborate this is to see if there is another Peter Orr that would fit this entry.  Checking in the 1851 Scotland Census and the 1860 US Census, no other Peter Orr matches up well raising the probability that this is indeed our Peter Orr.

Marriage - 1857

The marriage of Peter Orr has long been (for me at least) a puzzle.  That he married someone named Agnes was well-known but searching the records of Scotland turned  up several possibilities but no really good matches.  As it turns out he married in the U.S.  Specifically he was married to Agnes Thom on 29 Aug 1857 in McLean Co., Illinois.  In case you are skeptical (as I was) this will be corroborated in our story later.
According to Scotland Parish Records, Agnes was born Agnes Shanks Thom on 24 Jun 1830 in New Monkland, Lanarkshire, Scotland.  She was the daughter of James and Elisabeth (Hosie/Hossie) Thom.

Figure 03: Scotland Old Parish Birth Records, New Monkland Parish, Lanarkshire, 1830

Although born in New Monkland, she was raised in Cumbernauld Parish, Dumbartonshire about 6 miles north of Airdrie.
It would appear that Agnes immigrated to the U.S. while still single aboard the steamer Edinburgh, arriving in New York on 24 Aug 1857.

Figure 04: New York Passenger Lists, 1820-1957, M237, Roll 177, image 537; Steamer Edinburgh, 24 Aug 1857

There are a couple of things to note about Figure 3.  First of all she arrived only 5 days before she was married in McLean Co., Illinois.  One assumes this means she came over specifically to get married to Peter.  There are no others named Orr or Thom on the ship with her, so she was likely traveling alone. There is, however, a curious entry two lines below that of Agnes.  It is George Hosie at 3 years old.  Since Hosie was Agnes' mother's maiden name you would think there was a connection, and the lack of any other folks named Hosie on the ship leaves this young boy as a mystery.  Surely at three years old he was not traveling by himself.
Other than the marriage record, Peter and Agnes left no footprint I can dig up in McLean Co., Illinois.  The seems to be no mention in the Bloomington newspaper and I have searched the land records of the county from 1831-1866 and find no mention of a Peter Orr in either the Grantee or Grantor indexes.

South-East Kansas circa 1860-1866

That a couple named Peter and Agnes Orr from Scotland lived in southeast Kansas in the early 1860s can be well documented.   At least four items would seem to refer to this couple.  They are
⦁ an 1860 US Census entry of Peter(28) and Agness(28) Orr born in "South Scotland" living near Barnesville in Osage Township of Bourbon Co., Kansas (see Figure 5)
⦁ an 1863 entry in Civil War Draft Registration records for Peter Orr (37) living in Osage Twp, Bourbon Co., Kansas (see Figure 07)
⦁ a mention of Peter Orr in the Unclaimed Letters list at Fort Scott, Bourbon Co., KS in the Union Monitor of 17 Sep 1863 and
⦁ an 1865 Kansas Census entry of Peter(35) and Agnes(35) Orr born in Scotland living in Iola Twp, Allen Co., Kansas
The question is, of course, is this Peter and Agnes Orr of these records the same  Peter and Agnes of this sketch.  I am inclined to believe they are.  Here are some reasons.
⦁ Their ages roughly match those of our Peter and Agnes.
⦁ The Census entries show no children of their own which tracks with our Peter and Agnes.
⦁ In an obituary for Agnes (to be discussed later), it is stated that she lived in Kansas before coming to Missouri although the obituary is full of errors so this evidence is somewhat untrustworthy.
⦁ The evidence would fit a gap of time of where Peter and Agnes are otherwise unlocated.
⦁ I have not found another couple fitting these facts.
We will take the pieces of evidence one at a time.  First up is the 1860 Census entry.

Figure 05: 1860 US Census, Kansas Territory, Bourbon Co., P.O. Barnesville.  

There are several things to note about this entry.  Given their birth dates discussed previously, Peter and Agnes should have been about 32 and 30 years old respectively at this point.  It is interesting that they are recorded a being born in 'South Scotland'.  The "South of Scotland" was traditionally that portion of Scotland below the Antonine Wall.  That wall was built by the Romans around A.D. 142 and ran roughly from the Firth of Clyde to the Firth of Forth.  Airdrie was certainly in the the south part of Scotland by that measure.  Also of note is that the Post Office of the folk enumerated on this Census page was Barnesville.

Figure 06: Bourbon County, KS from Colton’s New Sectional Map of the State of Kansas, 1868 

As one can see in Figure 6, Barnesville was a small town near the Osage river in northeastern Bourbon Co., KS.  The post office was established in 1856 and the town platted in 1858, but the town was never incorporated.  The post office was discontinued in 1906.  It was described in a 21 Sep 1865 article ( from the Garnett (KS) Plaindealer ) as "a small village, with a store,...a hotel, [a] saw mill near by, and several dwelling houses."  At 2.5 miles from the Kansas-Missouri border its location was perhaps its most notable feature.  During the late 1850s and early 1860s this put it squarely in the middle of  'Bleeding Kansas.'  This was a time of almost constant terrorism committed by 'Jayhawkers' (free state folk living predominantly on the Kansas side) and 'Bushwhackers' (pro-slavery groups mostly based in Missouri).  These groups consisted of various irregular troop and militia units, posses drawn up by law enforcement or vigilance organizations, town councils, concerned citizens and even criminal gangs.  The atrocities were numerous on both sides and revenge and retribution including dubious arrests, armed intrusions, burnings and lynchings were common.  Living in this area around 1860 was not a very safe activity.
Peter is also listed in the Civil War Draft Registrations confirming he lived in Osage Township and was born in Scotland.  His age here is given as 37.  The top of the page of this entry says that he was enumerated in Sep-Dec 1863, so Peter was actually a year or two younger than recorded here.

Figure 07: 1863 US Civil War Draft Registrations, Bourbon Co., KS

As was the custom in those days, periodically the local Post office would publish a list of recipients of letters that had not been picked up in hopes that folk would come in and claim them.  Typically letters were kept for one month and if unclaimed were forwarded to the "Dead Letter" office in Washington D.C.   On 17 Sep 1863, the Union Monitor, a newspaper published in Fort Scott, Bourbon Co., Kansas listed over 200 such recipients and a Peter Orr is among them.  This doesn't prove anything about Peter but sometimes this meant that the person had moved out of the area but it is not conclusive.  As was mentioned, the border area was not a safe area so one could speculate that this entered into a decision to move away from it.  The following clip describes part of a reporter's trip to the area in 1861 near the beginning of the US Civil War.

Figure 08: Wyandotte Commercial Gazette; Kansas City, Kansas; 03 Aug 1861, page 2

Peter and Agnes did change residences by 1865 since the  Kansas Census of that year enumerates them in Iola Twp, Allen Co., Kansas which was about 40 miles from the border.

Figure 09: 1865 Kansas Census, Allen Co., Iola Twp.  Peter Orr  Household.

As one can see in Figure 09, several folk are living with them in 1865, none of whom are related as far as I can tell.
The three Goforth children (Melvin, Joan and Minerva), are interesting in that the Goforth family had previously lived in McLean Co., IL where Peter and Agnes had been married.  Perhaps they knew each other from that place.  Other research shows that the parent of these children were Thomas and Elizabeth Goforth.  Thomas was a farmer and mail carrier contractor and is  enumerated elsewhere in Iola Twp. with the older children but Elizabeth had apparently died in McLean Co., IL on 16 Oct 1858.  As a sidelight, Melvin was an inquisitive  chap, as seen in the cleverly written article in Figure 10, and perhaps was on loan to the Orrs to help 'restrain' his young mind with some good old-fashioned farm labor.

Figure 10: Wyandotte (KS) Commercial Gazette, 5 Dec 1863, page 2, col 4

I know little of the other folk in the Orr household enumerated in Figure 9.  Hector Ross was a black, farm laborer born in Georgia.  Ed Ross was a black, farm laborer born in "Cherokee Nation".  Louisa, Mary and E Davis were all Mulatto (i.e. mixed race) and born in "Cherokee Nation" as well.  Elizabeth Benbow was white and working as a domestic born in Indiana.  Miss Benbow later married John B Reynolds on 15 Dec 1872.

I have quite high confidence that the previously mentioned records point to our Peter and Agnes Orr.  Putting a more precise point of where they lived is a more speculative and incomplete story.  We shall take small steps.
First, did Peter Orr own land in Bourbon and/or Allen Co., Kansas?  The answer would appear to be, "yes".  Both the 1860 US Census and the 1865 Kansas Census have columns for the estimated value of real estate and personal property owned by the resident. The table below shows these amounts recorded for Peter and Agnes

Census	Real Estate Value	Personal Estate Value
1860 US Census	$700	$400
1865 KS Census	$300	$2500

       The  Agricultural Census for 1860 had an entry for Peter Orr's farm and has the following information.

• Acreage: 160 of which 100 acres were unimproved, estimated value $1100
• Animals: 2 horses, 1 milch cow, 4 oxen, 12 swine; est value $270
• Other: 500 bushels of Indian Corn.

     1865 Kansas Census had attached Agricultural Schedules and the entry for Peter Orr's farm has the following information.

• Acreage: 160 of which 120 were unimproved, estimated value $1000.
• Animals: 16 Horses, 5 Mules, 45 Milch cows, 55 other cattle, 4 swine; est. value $2500
• Other: 150 bushels of Indian corn, farm implement worth $100

     In most cases I have seen, if people were living with a family or renting a farm, the real estate estimate was left blank.  This leads me to the conclusion that he owned land somewhere.

The next question is, where did he have property?  There is no record of a Peter Orr (or Agnes for that matter) owning property in Allen County.  In Bourbon County, however, there is a land patent for a Peter Orr of Lot 4 and 5 of Section 1, in Twp 24 South, Range 25 East of the 6th Principal Meridian

Figure 11: Land Patent Cert # 522, Peter Orr, Bourbon Co., KS

Below is a map from 1878 showing Osage Township, Bourbon Co., Kansas with Barnesville in the upper part of the township.  To give some context, Fort Scott is to the south (11 miles south of Barnesville). The state line bisects some sections in this area so only part of section one is in Kansas.

Figure 12: An Illustrated Historical Atlas of Bourbon Co., Kansas; Edwards Bros., Philadelphia, 1878.

Some uncertainty of this being our Peter Orr exists because of the dates surrounding the Land Patent.  Land Patents were essentially the sale of land owned by the Federal Government to a private citizen or business.  According to the General Land Office Tract Book, Peter purchased these 126 75/100 acres for $1.25 an acre for the total price of $158.44 on 6 Jun 1865.  This doesn't quite track if he was living on this particular land in the 1860 Census or with him living in Allen County in 1865.  He may have been living on the land in 1860 (homesteading?) prior to the purchase and moved off of the land as previously speculated but still owning it.  Also the number of acres doesn't quite match up. In any case, the patent was approved 22 Jan 1866 and the patent certificate issued on 10 Feb 1866.  Bourbon county land records show he then sold that property to Alfred (a.k.a. Melvin) Manning on 10 Jul 1866.  The plat map below shows Mr. Manning still owned the property in 1878.

Figure 13: An Illustrated Historical Atlas of Bourbon Co., KS; Edwards Bros. 1878

One other fact stirs confusion into this pot.   There is another Peter Orr in the area.  Putting together records on his life (including an obituary in the Fort Scott Tribune of Apr 13, 1922) Peter Myer Orr was born in Tennessee in 1846, moved to Johnson Co., MO with his family, married Melinda Chapman in Leavenworth Co., KS in Aug 1866 and moved to Osage Twp., Bourbon Co., KS that same year.   Peter Myer Orr seems to have settled in Section 29 (not section 1) with his brothers settling in sections 27 and 28.

So in summary, I believe Peter and Agnes lived in Osage Twp., Bourbon and Iola Twp., Allen Counties in Kansas from about 1860 to 1866.  They farmed land that they probably owned.  That land was probably in Section 1 as described, but that is informed speculation.

Jasper County, Missouri circa 1866-1875

Sometime shortly after the American Civil War ended, Peter and Agnes moved to Missouri.  On 23 Feb 1866, Peter Orr purchased 139.5 acres in Section 13, Twp. 29, Range 33 in Jasper Co., Missouri for $1100 from Thomas Gray.  Then on 1 May 1867 he obtained a land patent, this time for land in Section 2 of Township 29 of Range 33 in Jasper Co., Missouri.

Figure 14: Land Patent Certificate #39627, Peter Orr, Jasper Co., MO

It was in section 2 and westward in sections 3 and 4 that Peter established his large farm over the next few years.  That part of the country contains some strangely shaped sections containing more than a square mile.  This is due to geometric anomalies resulting from mapping a rectangular grid onto the spherical surface of the earth and other technical survey issues.  (Yes I am of the radical crowd that believes the earth is not flat.)  You can see section 2 in the lower right corner of Figure 15 below.  Peter's farm was in the upper portion of that section close to the little down of Medoc in section 36 in Jasper Township.

Figure 15: An Illustrated Historical Atlas Map of Jasper County, Mo., 1876; page 16

Not only was Peter acquiring land, he was apparently acquiring cattle as well.   It seems that cattle would stray off and if you found them you could advertise in the paper.  Barring a claim, I suppose they were then yours.

Figure 16: Carthage (MO) Banner, 05 Jan 1867, page 2, col 5

One of the appraisers mentioned in the above notice is Terrell K. Dick.  He may have been related to the John Dick family who were friends of the Orrs for many years.  In fact it is from them that we find the confirmation of Agnes' maiden name.  There are some remembrances about the John Dick family recorded at http://wilkie.familygenes.ca/getperson.php?personID=I597&tree=1.  These were apparently recorded from an interview with Margaret Kay Dick, wife of John.  In this snippet she recalls Agnes' full maiden name.

The John Dick family in the United States, landed in Boston, MA in the spring of 1866. They crossed the Ocean in a sailing vessel and were six weeks in crossing; the ship was driven from its course in a fierce storm which took them into the Bay of Biscay. ...
After landing in Boston, the family came to St. Charles, MO, where they lived for two years, coming to Jasper Co., MO in 1868. They landed at Peter Orrs, he and his wife, Agnes (Shanks Thom) Orrs, being Scotch, welcomed them as relatives and made them feel at home at their farm on North Fork near Medoc, MO., where was formed a friendship which lasted during the lives of both families.

Although I have not found any evidence of them crossing the ocean back to Scotland, Peter and Agnes took a trip back probably in 1870.  With the possible exception of Peter's brother Matthew, nothing suggests any other relatives of either Peter or Agnes had come to the US.  A quick look into Agnes' immediate family seems to suggest they all stayed in the United Kingdom for all their lives.   But we know Peter and Agnes must have gone back for a visit since in May of 1870, Peter, Agnes, brother Matthew, brother James, his wife Ann and their children arrived at Pier 20 in New York City aboard the Anchor Line ship 'Columbia.'

Taking in families when they were in need seems to have been a trait of Peter and Agnes.  We saw the families in the 1865 Kansas Census, and with the John Dick family in Jasper Co, so it is not surprising that the 1870 Census shows that they have company as well.

Figure 17: 1870 US Census, Jasper Township, Jasper Co., MO, Peter Orr and James Orr families.

Having recently arrived from Scotland, Matthew Orr was living with Peter and Agnes.  James and family were living in a separate house (notice they are separately numbered in the first column) but apparently nearby.  Since the column for the value of real estate for James is left blank, the family was probably living on Peter's land somewhere.  James and family did not stay in the area long and moved to Kansas around 1872/3.

Peter must have owned some land in the nearby village of Medoc.  A note in the 7 Jan 1875 Carthage Banner that says "Peter Orr is moving his 'brown house' out of town onto his farm, a mile southeast."  There is no word if he ever completed that move.  A month later a wave of pneumonia swept through the area and on 16 Feb 1875 Peter Orr passed away.

Figure 18: Carthage (MO) Banner, 18 Feb 1875, page 3, col 3

Picking Up the Pieces

Agnes was on her own and had to pick up the pieces of her life with no family or in-laws to rely on.  Peter died without a will.  The laws entitled Agnes to some portion of Peter's estate, i. e. 'her dower.'  However other heirs had some stake in his estate as well.  She naturally wanted to clear up ownership, pay off debts, etc.  However since they had no children, the other heirs were next-of-kin, namely Peter's brothers and sisters and their heirs.  These were scattered across the globe (Scotland, Australia and the U.S.) so this presented Agnes with quite a mess. First, she applied for and was named the administrix of the estate on the 1st of March, 1875.  Then she reasonably concluded she needed legal help.  She first sought the advice of a group of lawyers, including James F. Hardin, and that is where it got interesting.
I shall tell the story mostly through quotes from the newspapers of the time.  The press, particularly the local press, in those days often carried a social and/or political bias.  Also it would appear that training in accurate reporting was not something that was universal.  I shall try to explain things along the way to provide a more balanced view, but there is only so much I can do with a story that took place nearly 150 years ago.
The first part of the story takes place on Saturday 21 Aug 1875 and the next Sunday morning.  Due to the sensational nature of the events, it was picked up from the local press and reported in some of the midwest's big papers.  I shall use articles printed in the Chicago Tribune, another Chicago paper The Inter Ocean, the Wisconsin State Journal and the St. Louis Post-Dispatch and fill in with local papers (mainly the Carthage Banner).  I will end this episode with a complete, annotated list of newspaper sources if the reader wants to investigate further.

There is a very bad state of affairs in Jasper County, this State, resulting from a number of fights, mobs, and riotous proceedings, which have recently occurred there.  From advices received here it appears that some time ago a Scotchman named Peter Orr died near Carthage, in that county, leaving a widow and considerable property in this State, and also in Scotland.  A firm of lawyers, consisting of James F. Hardin and W. J. Robinson, solicited the business of winding up her husband's estate, and by false representation induced her to sign a negotiable note for the sum of $3,500.  Subsequently she was advised that she had been imposed upon in the matter, and she applied to one W. H. Phelps for advice. -- 25 Aug 1875; Chicago Tribune, page 5

The St. Louis Post Dispatch account says Peter Orr left "an estate worth about $25,000. and no children, but leaving eight brothers and sisters and five half brothers in Scotland, and two in this country,....)"  The two brothers 'in this country' are James and Matthew.  Some of the other siblings are in Scotland and some are in Australia.  I know nothing of the "five half brothers."

The Chicago Inter Ocean calls Agnes a "wealthy young grass widow."  A "grass widow" was a somewhat derogatory term of a woman whose husband is divorced, separated or temporarily away which does not seem to apply here.  The Inter Ocean account also describes Hardin as, "Rev. James F. Hardin, who also bears the title of Mayor" and is a "neighbor."

Hardin is a difficult personality to pin down.  He was a lawyer but also recently a preacher having been licensed earlier in the year (March 1875) by the Methodist Episcopal Church and stationed to Pierce City.  As a lawyer he seems to have been in court more often as a plaintiff or defendant, than as a representative of a litigant.  He and Robinson had been charged with "running off State witnesses" in Jan 1875 (whatever that might mean, but it doesn't sound good).  He had been involved in several disputed land deals in the past year.  His minister's licenses had been suspended in July 1875 over a shady land deal with a German Barber named Lewis Unger.  He had also been shot in the neck by a widow, Mrs. Mary Howerton, while calling on her at 10pm the night of 28 July (he claimed it was a professional call.)  He had threatened, in writing, the Carthage Banner newspaper with destruction for printing an interview with Mrs. Howerton's that presented her side of the story.

William H. Phelps (his middle initial was rendered "H", "F" and "S" in various places) was a more reputable man, or perhaps he was simply better at maintaining his image as a reputable man.  He was a prominent lawyer in the county and had been a representative to the state legislature for the area in its previous session.  He seemed to have been well liked by the people.  Both he and Hardin were Democrats and were neighbors at this time in Carthage.  Hardin and Phelps are really the main characters in this story with all the others, including Agnes Orr, bit players.  Our story continues with Phelps trying to retrieve the disputed negotiable note.

Phelps discovered that the note had been made payable to a third party by the name of Nicholson, who had transferred it to one Wilbur, and who had in turn transferred it to Cyrus Smith.  Phelps sought out Smith, and, requesting to see the note, snatched it as soon as it was produced and destroyed it, and denounced the parties to the scheme as swindlers.  Quite an altercation ensued, but no actual fight took place then. -- 25 Aug 1875; Chicago Tribune, page 5

Whether Agnes was being swindled or not, is debatable.  The Post-Dispatch article states that Nicholson said, "...he had secured for her the interest of the two brothers of Mr. Orr, who live in Kansas."  The article claims that this is untrue because, "the deed which was obtained from James Orr was not made until after Nicholson had obtained the notes, and the deed from Matthew Orr was made by James Orr to Nicholson, as attorney for Matthew while he had no power of attorney."  This sounds to me more like a civil matter than a criminal one.  At this point the only 'crime' that seems to have been committed is that Phelps had stolen the note in question from Cyrus Smith.  But it gets much worse.

[Saturday] night, about midnight, Phelps was awakened by a tap on his window and a voice demanding that he at once make his appearance.  Surmising that harm was meant, he refused to go to the window.  His wife, however, got up, and upon opening the shutter discovered that the house was surrounded by a drunken mob, who demanded that Phelps be produced.  Mrs. Phelps assured them that her husband was not at home, but they refused to believe this. -- 25 Aug 1875; Chicago Tribune, page 5

... continuing ...

 [Phelps asked,] "What do you want" when they answered that they had a warrant.  He then inquired if they desired a bond, and they answered no.  Just then Mr. Hardin walked towards the rear and Phelps asked if the sheriff was there, and Hardin said, "No, but we have sheriff enough for you."  -- 01 Sep 1875; St. Louis Post-Dispatch; pg 4, col 4.

Hardin's account of how he got involved is quite different.  In a letter to the St. Louis Republican newspaper (reprinted in the Carthage Banner) he says, "I was waked at my house at night to examine the warrant, did so and returned to my house after the tumult began at the house of Phelps....  I walked across the street from my house to his gate; was called into his yard by him and asked some questions by him in a very friendly manner as to who was there; I told him who was there, and turned and walked immediately out, and while going out wholly unarmed, he fired two shots from his up stairs' window at my back..."

... continuing the events of the night  ..

Mrs. Phelps then went out of the rear door... [and then] went out of the gate on the northwest corner of the yard and called Mr. Ezra Miller, who with Louis Mohr, came to the relief of Mr. Phelps.... As Mrs. Phelps started across the street to the house, Mr. Robinson presented a loaded navy revolver at her head and said "Halt!"  She pushed the revolver aside, saying: "You wouldn't shoot a woman, would you?"  About this time the men at the front door commenced kicking it, and demanded admittance, when Phelps fired a revolver into the air, out of the chamber window, which drew the sentinels from the rear.... He passed out of [the rear] door almost unnoticed, and ran back through the garden.  As he went through the garden gate he was shot at twice or three time, but he made his escape.... [He] immediately aroused the neighborhood, who gathered together when the mob withdrew to more congenial quarters, with the exception of Mr. Robinson, who remained on the premises until he was soundly thrashed by Mr. Miller....  --01 Sep 1875; St. Louis Post-Dispatch; pg 4

... alternatively another account of the disbursal of the mob says ...

About this time Ezra Miller, a near neighbor of Phelps, being attracted by the noise of the mob, arrived on the scene.  Robinson had just entered the house, when Miller hit him a terrible blow in the face felling him to the floor.  Then the drawing of revolvers commenced.  Several shots were fired without serious effect.  In the meantime several of Phelps' friends arrived, whereupon Phelps made his appearance with a shot-gun, and, by the aid of his friends, drove the mob from his premises.  -- 25 Aug 1875; Chicago Tribune, page 5 col 3

... the events of the next day...

In the morning the Medoc constable gave the warrant to the sheriff, who went with Phelps to Medoc, accompanied by a large concourse of friends, where he gave a bond in the sum of $50,000, which was kindly handed to him as he was about to leave town.  As a part of the sport, Mr. Wilbur was committed to jail Sunday morning, where he remained until Tuesday.  J. F. Hardin was committed Monday noon and remained until night.  Cyrus Smith remained in jail a few hours.  Nicholson was in the calaboose over night, and the end is not yet.  -- 01 Sep 1875; St. Louis Post-Dispatch; pg 4

Exactly what Hardin did and why he was arrested is unclear to me from the newspaper records. Hardin believed the charge was fabricated by Phelps.  In his letter to the St. Louis Republican he said, "The whole facts are that Mr. Phelps has got into an ugly scrape and is trying to kick up a dust to escape behind."  In the end Hardin was acquitted.

At this point, things settled for a period of time.  Phelps served as notary on a written instrument to try an consolidate the estate under ownership of Agnes. 

Know all men by these presents that I Agnes Orr widow of Peter Orr late of Jasper County deceased do Elect to take all the real and personal Estate which came to the said Peter Orr deceased in right of our marriage remaining undisposed of absolutely -- and and one half of the real and personal Estate belonging to my husband Peter Orr at the time of his death absolutely in lieu of dower of the one third part of all the lands whereof my said husband or any other person to his use was seized of in Estate of inheritance at any time during our corentune?? to hved? and enjoy during my natural life.
In witness whereof I have set My hand and seal this 24th day of August 1875
Agnes Orr
-- Jasper County Missourt, Probate Files, Peter Orr Probate File No. 750, Box 27

The various arrests made for the affair at the Phelps house wound their way through the courts.  In particular in the original matter of the note given to Mr. Nicholson, the court found in favor of Nicholson and awarded the note to Cyrus Smith.  The Carthage Banner, which was firmly anti-Nicholson, reported the following.

The Orr-Nicholson matter was arbitrated on Saturday [i.e. 11 Sep 1875], and if we are correctly informed, really decides nothing material, but leaves the matter exactly where it was before the submission.  "Possession" of the $1,000 note is awarded to Cyrus Smith, and the other on to Mr. Merriss.  We are told Smith and Nicholson persuaded Mrs. Orr into an arbitration without the knowledge of her attorneys, but she called them in when ready to investigate the case.  We hear a very ugly story as to how the widow was inveighed into signing away her rights and into giving a bond in the sum of $2,500 while no bond was given by the other side; and further that a camphor bottle was held to the lady's nose to sustain her nerves long enough to sign the bond.  The Nicholson party claim the award is for the full amount of the notes--$2,500.  The new bond was obtained to renew the obligations first given -- 16 Sep 1875, Carthage Banner, page 3, col 1

I don't pretend to understand the intricacies of these statements, but suffice it to say, Agnes Orr was out some serious money and had made some bad decisions, but could probably continue to function in life and could go on about being an executrix of the estate.  But unfortunately she had stumbled into (or started) a feud between Hardin and Phelps and they couldn't let matters drop.  Hardin seems to have been a boisterous opportunist and probably a swindler with a bit of a temper.  Phelps seemed to be the cold, calculating, strategic thinker.  He was not spoiling for a fight, but would not back away from one if it came to that.  The rest of their story does not involve Agnes, but is just too dramatic to pass up.  So take a deep breath and get ready for round two of the grudge match between James Hardin and William Phelps.  It is now about four monts after the nightime affair at the Phelps house in December 1875.

Mr. Phelps ... was on his way to the court house [in Carthage].  Mrs. Hardin overtook him and cautioned him to keep away from her husband as he was "hunting him and would do him some harm."... "Hardin had been informed by Nicholson that he (Phelps) had made some remarks derogatory to her [Mrs. Hardin].... She had told her husband she did not believe a word of it.  Mr. Phelps then came down to Hardin's office to see him about it, and as he was not there, proceeded to the court house.
Mr. Phelps denies ever having said anything about the lady or mentioning her name in any way or manner, and those who have for years been acquainted with him know that he is not in the habit of talking about men or their wives or daughters, especially in company.  Nor does it seem at all likely that a lady who has the respect and good will of all who have known her since her residence in this city, would be subject of any disrespectful language from him. -- State Journal (Jefferson City, MO), 17 Dec 1875, page 6 

About one o'clock on Monday [6 Dec 1875] as Circuit Court was about to convene for the afternoon session... James F Hardin attorney, arose from his seat and approached the front door of the Court House, at which Wm. H. Phelps ... had just entered, and presented a pistol at Phelps, who exclaimed, "Hardin don't do that" and stepped back.  Hardin replied, "Damn you, I have got you now," and deliberately fired at Phelps, the ball taking effect in the left side, the parties being about ten feet apart.  Phelps sprang toward when Hardin fired a second shot, the pistol being in close proximity to his face, the ball entering the end of the nose.  Phelps threw himself upon his assailant, catching him around the waist, pushing him back with his body, on to a seat, Phelps being on the top; Harding then threw his right arm up and placed the muzzle of the pistol to Phelps' ear for a third shot, but before he had time to cock the pistol, it was forced from him by John Wilson, a brother-in-law of Mr. Phelps.  The parties were then separated.  Hardin was locked up in jail, and Doctors Carter and Brooks called in to attend the wounded man who was at once removed to his home. -- Carthage Banner, 09 Dec 1875, page 3, col 2

The (Missouri) State Journal of 10 Dec 1875 states that "Mr. Phelps' wounds are very painful [but] they are not considered dangerous."  "Public indignation against the perpetrator ... runs exceedingly high.  The affair is regarded here as the result of a personal quarrel between the two gentlemen which has existed several months, and it is feared by many that the end is not reached."

Indeed the public was riled up at Hardin.  The 11 Feb 1876 State Journal notes that "A recent visitor to Carthage expressed the belief that the citizens of that place would have willingly lynched James F. Hardin after his attempt to kill W. S. Phelps."  There were some who defended Phelps.  The Carthage Banner of 16 Dec 1875 responds to an article in the St. Louis Times which "tries to get up a plea of emotional insanity for Hardin; claiming that before leaving St. Louis he had at times shown such symptoms.  The Banner did not agree with this sentiment and said the "article smacks a little of being done up by some party greatly interested in Hardin."  But as was stated "the end had not been reached" -- round three (the final round) would commence in February, 1876.

Phelps' physical wounds began to heal and Hardin was let out on $3000 bail as he awaited trial.  As usual there are two sides to a story and both will be presented.  First up, the pro-Hardin side.

Hardin ... seemed disposed to stand his trial, and was at his home patiently awaiting that event, seldom leaving the house.... A week or two ago, it is said, having learned that Phelps had been told by somebody that he had made treats against him, Hardin wrote Phelps a kind note, stating that he was going to let the law take its course, and that he (Phelps) had nothing to fear from him.  As Hardin had been warned that he would be killed, he had been extremely cautious, and... stated that he did not feel safe.
On the morning of the 3d of February, Hardin walked from his residence down town, a distance of half a mile, and after transacting business around the square, started to return home.
He had laid aside his arms, and was apparently feeling secure.... Hardin had nearly reached his home when he was fired upon by parties concealed in an old unused blacksmith shop, and instantly killed.
Upon examination it was found that the wounds were caused by buckshot, nineteen of which had penetrated the unfortunate man's body, taking effect in the head and breast.
The place where he fell was examined, and a number of bullet-holes found in the bottom plank of the fence, against the sidewalk, thus giving ground for the opinion that the victim must have been shot at after he fell.  Four shots were heard.
Although there was fresh snow upon the ground at the time of the tragedy, and footprints could easily have been followed up, there seemed to be no effort made to trace the murderer or murderers. -- Chicago Tribune, 12 Feb 1876, page 6 (taken from an article in the St. Louis Globe-Democrat)

Despite the authorities' lack of desire to investigate the assassination, Phelps and his brother Charles were arrested for the shooting of Hardin.  The second version of events was written by the courts over the next few months.  It paints Hardin as a driven man who had avowed revenge at any cost.  The courts got the last word as Hardin was not around to dispute the facts.  The judges summary of the case at the bail hearing shows that the case was going to crack in favor of Phelps. 

There are questions to be considered.  First, was there an offense committed.  The court things there was.  The next question for the court to consider is, whether there is a probability of the defendants being guilty of the offense charged.  The court thinks that so far as Charles Phelps, one of the defendant's is concerned, there is no evidence -- at least not sufficient to show this court a probability of guilt.  Consequently he will be discharged.
In relation to W. H. Phelps, there seems to [be] a great probability that he committed the crime.  The next question that the court has to consider is, does the evidence show any circumstances by which the act, if committed by the defendant, William H. Phelps, would be anything less than murder in the first degree.
The court thinks there are circumstances by which, if the defendant did the killing, it was not murder in the first degree.  Then it becomes the duty of the court to fix the bail, upon the defendant in this case.  The court has considered all the circumstances, and has fixed the bail for his appearance at next term of the circuit court at $10,000. -- State Journal (Jefferson City, MO), 25 Feb 1876, page 7

         The State Journal went on to opine that it was "puzzling"  what circumstances would make shooting a man from a concealed position to be only "murder in the second degree."  There was a jury trial and the verdict was reported in September.

In the case of Wm. H. Phelps, charged with the murder of James T. Hardin, at Carthage, the Jury rendered a verdict of not guilty on the 21st [of Sep 1876].  The affair took place on the 2d of February last, when Hardin, proceeding towards the office of Mr. Phelps with the avowed purpose of taking the latter's life, was shot as he passed the door.  Phelps admitted the killing but claimed it to be justifiable, as the testimony adduced on the trial 'proved it to be beyond any question.'  -- Fair Play (Sainte Genevieve, MO), 28 Sep 1876, page 3

         So it was that William Phelps had 'taken out the trash' for the good people of Carthage and they were all grateful, and rewarded the champion by setting him free.

As promised here are the newspaper sources for the preceeding story.

1. Carthage (MO) Banner, 14 Jan 1875, page 3 -- Hardin running off State witnesses
2. Carthage (MO) Banner, 11 Feb 1875, page 2 -- Hardin in land deal gone bad involving Walter Allin and the Board of Education.
3. Carthage (MO) Banner, 25 Mar 1875, page 3 -- Hardin licsensed minister in M.E. Church; assigned to Pierce City
4. Carthage (MO) Banner, 20 May 1875, page 3 -- Land deal with Lewis Unger, German barber
5. Carthage (MO) Banner, 8 Jul 1875, page 3 -- Hardin suspended 'from clerical duties' because of "Unger" matter, refuses to defend himself
6. Carthage (MO) Banner, 5 Aug 1875, page 3 -- Hardin shot by Mrs. Mary Howerton. Mary is interviewed
7. Advertiser-Courier (Hermann, MO), 14 Aug 1875, page 3 -- Hardin shot by Mrs. Mary Howerton
8. Carthage (MO) Banner, 12 Aug 1875, page 3 -- Hardin threatens the Carthage Banner
9. Chicago (IL) Tribune, 25 Aug 1875, page 5 -- The events of  21-22 Aug 1875
10. Inter Ocean (Chicago, IL), 25 Aug 1875, page 5 -- The events of  21-22 Aug 1875
11. Wisconsin State Journal (Madison, WI), 26 Aug 1875, page 2 -- The events of  21-22 Aug 1875
12. Carthage (MO) Banner, 26 Aug 1875, page 2 -- The events of  21-22 Aug 1875
13. St. Louis Post-Dispatch, 1 Sep 1875, page 4 -- The events of  21-22 Aug 1875
14. Carthage (MO) Banner, 9 Sep 1875, page 2 -- Reprint from St. Louis Republican of James Hardin's letter in his defense
15. Carthage (MO) Banner, 16 Sep 1875, page 3 -- Orr-Nicholson case decided
16. Carthage (MO) Banner, 9 Dec 1875, page 3 -- Hardin shoots Phelps in court
17. State Journal (Jefferson City, MO), 10 Dec 1875, page 7 -- Hardin shoots Phelps in court
18. Carthage (MO) Banner, 16 Dec 1875, page 2 -- Carthage Banner responds to St. Louis Times article claiming "emotional insanity for Hardin"
19. State Journal (Jefferson City, MO) 17 Dec 1875, page 6 -- Circumstances leading up to shooting of Phelps
20. Carthage (MO) Banner, 23 Dec 1875, page 3 -- Hardin given bail of $3000
21. State Journal (Jefferson City, MO) 31 Dec 1875 page 7 -- Hardin out on bail
22. Chicago (IL) Tribune, 12 Feb 1876 page 6 -- Summary of Orr affair and then details of Hardin being shot to death
23. State Journal (Jefferson City, MO) 11 Feb 1876, page 3 -- Phelps and brother arrested for assassination of Hardin
24. State Journal (Jefferson City, MO) 11 Feb 1876, page 7 -- Report that Carthage citizens would have lynched Hardin for trying to kill Phelps
25. Advertiser-Courier (Hermann, MO) 18 Feb 1876, page 3 -- Phelps and brother arrested for assassination of Hardin
26. State Journal (Jefferson City, MO) 25 Feb 1876, page 7 -- Preliminary Hearing opinion issued for Phelps brothers; Charles dismissed, William charged with "less than murder in the first degree"
27. Lawrence Chieftain (Mount Vernon, MO) 1 Mar 1876, page 2 -- Phelps brother, Charley, released and Phelps under bond
28. Fair Play (Sainte Genevieve, MO) 28 Sep 1876, page 3 -- Phelps verdict is not guilty; Phelps admitted to killing but proved "justifiable"


References found since the initial writing.

1. People's Tribune (Jefferson City, MO) 01 Sep 1875, page 4 -- States that $3500 note to Nicholson was for him to "proceed to Scotland, to purchase the interest of the brothers..."
2. People's Tribune (Jefferson City, MO) 01 Sep 1875, page 1 -- The events of 21-22 Aug 1875
3. St. Louis (MO) Republican 6 Sep 1875, page 3 -- Hardin letter in his defense.
4. St. Louis (MO) Globe-Democrat, 25 Aug 1875, page 5 -- The events of 21-22 Aug 1875.
5. Dade County Advocate (Greenfield, MO), 2 Sep 1875, page 1 -- The events of 21-22 Aug 1875.

With all the hoopla going on in the area, Agnes kept soldiering on slowly working through settling the estate of her husband.  I don't know how long estates usually spend in Probate Court, but this one took a few years.  The size of his land holdings alone were pretty large for that time and place.  The estate inventory lists eight tracts of land (all 40 acres or more) in 6 different sections totaling nearly 800 acres.   The following clip from 1876 shows much of his estate north of the North Fork of the Spring River.

Figure 19: An Illustrated Historical Atlas Map of Jasper County, MO., 1876, page 53.

The farm was producing well at least in 1878.

Figure 20: Carthage (MO) Banner, 01 Aug 1878, page 4, col 1

         In 1879 happier times arrived.  On 5 Mar 1879, Agnes married Alexander McCann.  As  one can see in Figure 19, Mr. McCann lived less than a mile east of the Orr property.

Figure 21: Carthage (MO) Banner, 13 Mar 1879, page 3, col 2

The marriage record states that they were married "at Medoc" by Jacob Miller, Minister of the Gospel.

"The Biographical Record of Jasper County, Missouri, by Malcolm G. McGregor, Chicago, 1901 gives a brief account of Alexander's life on page 504.  It states that Alexander was born in County Down Ireland and "was brought to America by his parents, James and Jane (Pottor) McCann, who located at Indianapolis, Indiana.  About two years later they removed to Macoupin county, Illinois, where they remained until 1869, when they located in Jasper County, Missouri..."   His grave marker states that he was born 6 Oct 1840.

In July 1879 Alexander applied for and was granted the position of Administrator de bonis non for Peter's estate.  "De bonis non" means "of goods not administered" and is used to designate someone to administer remaining items of an estate.  He apparently accomplished that and on 11 Nov 1880 the court approved the final settlement of the estate.  

For the next 20 years Alexander and Agnes continued to live in Jasper Twp, Jasper Co., Missouri.  This is attested to by the 1880 and 1900 US Census.  It is also shown in a 1895 Plat map of Jasper Township where one can see that "A. McCann" now owns much the same land was in the Peter Orr estate on the north side of the North Fork of the Spring RIver.  

FIgure 22: Plat Book of Jasper County, Missouri, North West Publishing Co., 1895, page 18

The 1900 Census gives the following personal information, including immigration dates.

Name	Birth Month	Birth Year	Immigration	Years in US	Naturalization
Alexander	Oct	1839	1850	45 years	Naturalized
Agnes	Jun	1832	1857	42 years	]blank]

Final Chapters

Alexander and Agnes got to spend many years together and see the dawn of a new century.  Agnes passed on in 1904 as the following two obituaries attest.  There are some errors in the articles that will be addressed below.

Figure 23: Jasper County Democrat, 14 Dec 1904

It should be pretty obvious that Agnes was not born in Chicago.  Every other source attests to a Scottish birth.  The movements from Illinois to Indiana to Eastern Kansas may be true, but were with Peter Orr, not her parents.

The obituary below is a bit more accurate, but does erroneously indicate Alex McCann was Scottish.  He was born in County Down, Ireland.

Figure 24: Carthage Press, 14 Dec 1904

  It seems that the ownership of land became a problem once again after Agnes died.  I have some question as to who "Sandy" Dick is.  As we have seen the John Dick family were friends of Peter and Agnes.  Also Alexander McCann's sister Anna had married William Dick (son of John).  "Sandy" is probably a nickname for Alexander.  Through Anna, Alexander McCann had both a brother-in-law  and a nephew named Alexander Dick.  The article seems to indicate it was the brother-in-law who claimed rights to some of Agnes' land.

Figure 25: Webb City (MO) Register, 12 Dec 1905, page 1, col 5

         As far as I know, nothing ever became of the claim for land.  It mattered little since less than three years later, Alexander McCann died.

Figure 26: Webb City (MO) Register, 19 Oct 1908, page 6, col 2

The above obituary states that Alexander left a "young widow and fourteen months old son."   I have not uncovered any evidence that he remarried or had a son.  If he did remarry and have a son, I suppose another chapter could be written about what eventually happened to the Peter Orr estate, but somebody else will have to write that.