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.