Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1872-10-16
AcAnn-


EDITIONS fNTELLlGEScER Allow me space IN
necessary to my own character, and to that oi
my murdered son. Ihave lived in Missouri, IN
s5 miles OF this spot, since ISIS; = period Of 10
county, twice elected by the people, and 1 don't
think any man lives who can say 1 ever know
ingiy wronsed or drtsauded him; Ny repuIa-
dead son thnt I should rindicate him from the
vile charges which have been circulated in re-
He was mobbed and murdered cruelty, brutal
ly murdered; aad he WAS rs innocent of any
crime, as an uuborn babe. John Estell, .
four mules in his PASTURE belonging to Fitzgerald.
Ny son David DouthitD bought the mules OF
Esteli: Here is a true copy Of the receipt now
S.Z5 W.-iseceived of David Douthitt seven
hundred and twenty-five dollars FOR value re-
ceived tor four mules, WARRANTED sound and all
right JOHN ESTELL
September 18th, 1872.
Alter buying the mules, 1t as ascertained that
they were liable to he attached for = debt OF
Fitzgerald, and TO avoid il, he took them to
How ard coLnry u our old home. On, Of Them he
sold To Mr.. Whitlow OF. Bo"nvilie, An old part
ner of mine in business years ago. Whltiew tel
l at once answered Yes. ! may us well mention
herr that four days before he bought the inulrs,
my son came up here and got the money from me
to pay tur them.
! Esiell went with David to help him take the
mules Nden he came home he Was arrested Tor
understanding My sou got back II ,Isy All y
ward, anu went quietly to mis- farm IA mile from
.Aullville. \ writ WIS served on him, and he
promptly weni To town, saving he had honestly
bought the mules and paid FOX them, and had The
receipt tor the money. Here is the record OF the
trial, at which not ii shadow OF quit was estab-
ilshed against David.
Foster, Jno. W. Esteli an: Benz. IL Wilson,
was tirsi SET for trial On the btil day OF October,
Isl. Parties ali present ana 'eady Tor trial
Case continued ON nation III lie prosecuting
witness, j. II. Fitzgerald. Bono II David a.
Douthitt fixed AT s.UDl, the bond OF; the other
able to give. Jno. W. E,tcii, Iailins 10 gaze bail,
WIS put in custody of the acting cuast. ole.
Cause was next set for hearing Oh the lOtn day u
october, before justice d. \ Rids.way. L.
PENDANTS all appeared promptly AT the time s.tfJf
trial oil their cases. The witnesses We're called tor
the State and responding 10 their names, III.
tte state. Witness for the defendants were called,
anu one Flags, AN important witness iailing 10
answer, the officer went in quest Of niIn but re-
turned unable to find hun. Upon mis-, attorneys
Tor defendants made II motion Tor u continuance,
which was argued nj some length, Submitted 10
the court anu UNeIIulrd. Being defeated IN their
motion Tor II continuance, defendants next
moved the court II grant them - Change Oh
Venue, which the court finally consented 10 DO.
sending tile CATS IL Uiss,Isviilr 10 Phillip
Ayeres, u Justice of the Peace for DAVIS town
snip. liking tneir Uond Al. before. which the he,
PENDANTS readily executed and were discharged,
by tine cuurt, and court adjourned.
The aIgli before the rial the following docu-
nicnt was brought to me l"r my signature. My
SOL opposed signing II, declaring te would enter
into no compromise, lie mad done nothing he
feared To have examined into.
AuLLvILLE, No, Oct. 3, l>72.
To all whom 1t may concrlil: Witncss-W here
AS, one joan Lsteii, Who has been u tenant oi
me, Hawkins Fitzgerald, on u tract of land adj
iJotiIhS lie town uuuve natncd, has traii>crIiurd
nls authority wuiic in charge Oi my place Ia sue.
l. degree as 10 dispose vi my stock, and thereby
cause inr much trouble ami rApciI.c; And where
AS, David D"utnitt. David Foster and BENZ
Wilson dbl purchase AND remove my mules un-
: der II misunderstanding; And whereas, /, In.
SAID + ltz gerald nave suffered much; And wirre.
AS, SAID partle, Dputhitt 1t al, are CONVINCE
that they We're mi.Ied; Aud wh.re -, much ba'
feeling mas been manifested: II IL agreed TIA
all EXPENSE that has or may accrue IN the cast
herein mentioned shall iail upon David Douth,.
AMI securities. Ii IL presumed the expense vii
) not eNcecu three hundred uullars;. Aud where
J As, kO little feeling has been cAiiiDltru by bot
=, parties, all from u mlsapprcii: naIun, We IN
parties pledge ourselves iur Inc adv aucement o
our town Interests, 10 acquicsce IN the Iiiinten
Z ance vi law anu order II IL further agreed tina
!. IN consideration OF the MISUNDERSTANDING :lure
, said, aud that David Doutnitt ct al, were mtsle'
! rs aforesaid, all further pros cu;ion On my ltr
= ends by the signing Ut tnis contract by the par
u, ties hrrriu named. IL Is iurthcr Understood tina
ali the mules (iuur i'll nuinbcrl are To be retuiie
. u me, II. Fitzgerald, at .Aui'Iiie by the aOtii Z
October, Or their value, to be esitnIated by tw
: arbilratOrs.
= We, the undersigned concur and agree to tn
I within article, provided the Douthitts sign tn
y within, sud by lneir action conform to law MI
j., Signed +. II. FITZGEHALD,
! o.. L. DUUTHlTI.
Z "A SitAAfSAoIs L. sSth ~ .
!. Price, j L. Bascom, Marcus, l.. Belt, j. Col
der. DO. y. shelby.
. \ true copy.
, Tie contract above was obtained before tn
Original WAS handed To Col. Flrld.
{ In splteoi my sons opp"altton, l signed it o
lhurs'iIy morLing before The trial came OH
Now in view al all these Itcts, can ANY one b.
iicv- that DAVID i,ouinIIt WAS guilty oi anythln
CT which he should nave been aohalne,t: An
y Yet on that SAM Afternoon, u mob vi til arnie
1 Incn, on horseback, amongst them were scvera
VI ttv + tzseraids anu their reiation., surround
ed the town Ut !Au!iNIlie, urasgc'i me amt }
Harvey Mediation out OF my buggy, iiuurishiu
: their rrvoiver- about our heads, aud thre:,t-nin
ourlivcs. They attacked tnc mouse IN winch IN
son and BENZ. Wilson had taken refuge, an
murdered David shooting his body all to pieces
, aud wouuding Wilson in such u mrtnner Ihit h
Is now perhaps dying at the Bourbon House, i
T this place. Mrs. lnsklp and four or live iIttl
n children Were iii the house when these savug,
commenced firing INTO 1t. y more utterly lul
rible, wantun, unju,tiiiahle murder never ".
pcrprtrated i'll Missouri; ami II there is any la
IN this State, or RAINY power in the United stat,
i Government. l AIN going To prosecute to the Lac
every one OF the i>,assin> Of my son. Nc
murder is no les. er .uinul than secret assassin.
Z ton. GREEN l.. rEilTT.
a ~