A great place to comb through early Missouri history is the Missouri Judicial Records Historical Database on the Missouri Digital Heritage website.
This database offers many pre-1900 court cases with images available for online viewing in many instances. Court records can be searched by name, county, year or case type, such as cases involving slaves, railroads or shootings.
There’s a case from 1845 where Littleberry Mason levied a $300 debt on an enslaved man named Harris, with Robert B. Perkins listed as the property owner. There’s a case from 1897 where Ed Akers was charged with climbing on rail cars while in motion at Washburn. Another case from 1883 indicts Abbey Epperly with unlawfully shooting on a public highway, specifically the Springfield and Berryville road.
All these cases can provide hours of enjoyment for those with historical curiosity, and a patience for reading old handwriting. However, when one digs through the old dirt, they should expect to track a little mud back to their own home. Such is the case when I searched through the Barry County records and happened upon a file involving my maternal third great-grandparents, Aaron and Martha (Highbarger) Starnes, from 1888.
It seems that my ancestors were charged with disturbing the peace and assault and battery on George Swindle in Shoal Creek township in Barry County. Also charged in the case were Aaron Starnes’ two oldest sons, William and Orrin, who were 18 and 16 years old.
It appears that the quarrel started after Starnes used profanity because a gate was left open. Swindle must have objected to the use of such language and was rewarded with a rock pelting by the Starnes family. According to the affidavit before Justice of the Peace W.D. Gurley, the Starnes “made an assault and battery upon George Swindle by striking him with a rock and attempt to strike with clubs.”
Gurley then issued an arrest warrant for Aaron, Martha, William and Orrin Starnes on July 23, 1888, with trial set for Aug. 3 at Corsicana in Barry County. I guess the trial was held in Corsicana rather than the courthouse at Cassville because Shoal Creek Township was W.D. Gurley’s jurisdiction. People new to researching Barry County history often confuse towns with townships, such as Exeter Township and the town of Exeter.
Townships are larger rectangular sections of the county, each having their own elected judges and Justice of the Peace at that time. Towns are smaller areas, often within a township that shares the same name, such as Monett, Washburn and Jenkins.
A town may also have their own law enforcement such as a town marshal or police, if they could afford it. Included in the Shoal Creek Township at that time were the towns of Purdy and Corsicana, as well as the area that would later become Wheaton, as Wheaton wasn’t formed until 1907 after the Missouri and North Arkansas Railroad came through the county.
Swindle was part of a family prominent in early Barry County education. His father, James, and brother, John, started Swindle College subscription school a couple miles east of Wheaton in the 1880s. The school later transitioned to a normal school but kept the name Swindle College until it was merged with the Wheaton School district in 1951.
Born in 1860 to James and Eliza Fly Swindle, George was also an educator, and according to his obituary, served as school superintendent at Washburn and served one term as Cassville school principal. He also taught at Rocky Comfort and Pioneer schools.
Later in life, he switched to banking and became the president and cashier of the First National Bank of Fairview, with wife Mollie serving as assistant cashier. However, the bank failed during the Great Depression and George and Mollie moved to Cabool, where he took his own life in 1935.
The six-man jury found Aaron, Martha and William Starnes guilty as charged, but acquitted Orrin. The jury foreman was Mike Horine, the father of P.E. Horine, who had a funeral home and furniture store in Cassville in the early 1900s. The jury fined Aaron and Martha $5 each and William Starnes $1.
The case file also contains court costs, which tallied to $49.90 and were split between the four defendants. However, because Orrin was acquitted, he did not have to pay his portion.
Prosecuting Attorney J.S. Plummer only received payment for the convictions. Members of the jury received between 55 cents and 80 cents for travel costs, as did witnesses, including George Swindle’s wife Mollie and his brothers-in-law, Thomas and Ellis Ford.
The Starnes must have been cash poor, as they only paid for Martha’s release. Aaron and William petitioned under the Act for the Relief of Insolvents, whereby persons could serve one day’s imprisonment for every two dollars owed in fines and costs, and then afterward sign over any personal property, excluding clothing.
Aaron Starnes signed over two horses and a wagon valued at $150 and was jailed from Aug. 3-9. William Starnes had no personal property and was jailed from August 3-7, two days fewer than his father, as his fine was less.
For transporting the prisoners, Sheriff N.L. Hailey received $1 each. Jail boarding costs were 50 cents per day. The jail at that time was located on the third floor of the old Barry County Courthouse in 1888. The metal cells from that jail were relocated when a new jail was built in 1908 and are now located at the Barry County Museum through efforts of Ted and Fran Bolton with the aid of Corky Stehlik.
Even though I view the cells daily, they probably will have increased personal meaning now that I know I have relatives who spent time there.
Aaron Starnes, a union veteran of the Civil War, died at Wheaton in 1920 at the age of 75 and was buried at Muncie Chapel Cemetery, not to be confused with the Munsey Cemetery near Eagle Rock. His first wife, Martha, died in 1894 was buried at Dice Cemetery in Newton County along with son, Orrin, who died in 1895. William Starnes was married to Louella Utter and died in 1923, also buried at Muncie.
Since most of the individuals involved with the case have been gone for close to a century, I guess enough time has gone by for the ancient ancestral crimes not to sully the reputation of current family members.
Aaron has become a traditional middle name in my family, with my brother and nephew currently carrying it.
But, in pursuing family history, my hope is that words from the past will never hurt you.
Jeremiah Buntin is a historian at the Barry County Museum. He may be reached at jbuntin@barrycomuseum. org.
