Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-06-20
A TERRIBLE ACCIDENT.
A Lady and her two Children and a
Man Drowned While Attempt
ing to Cross a Creek in
Freedom Township,
Lafayette County.
Missouri.

Freedom Township.
Lafayette County.
Missouri.
Sad Scene at the Inquest.
Much Feeling ELECTED Against Mr,
Stoll-Some of It seem.
ingly Unjust.
One of the saddest accidents that ever oc-
CURED in Lafayette county, took place in
Dye Rock Creek, near Stoecker's saw mill, in
Freedom township, of this county, on last
Saturday evening, by which William Wal
beck, Mrs. Julius Schmidt and her two
children were drowned.
Information of the event having been con-
veyed to Esquire H. W. Thieman he sum-
moned a jury to hold an inquest, such jury
being composed OF Geo. w. Avery, Dan. H.
Smith, John Covington. August Schmidt.
Fred, Stoecker and Geo. Berger.
The testimony of a few of the witnesses
| will best tell the story:
Julius Schmidt of lawful age, being duly
sworn states-I live in Concordis, Lafayette
county. Mo-; l started in company with my
deceased wife, Louisa Schmidt, and my de-
ceased children, Martha and Rudolph Schmidt,
from COncordia, and August StOll, William
Walbeck and two of August Stoll's children,
On a visit to August StoIl in August Stoll's
wagon, Yesterday evening about half past
six o'clock; all went along well until we
reached a ford on Dye Rock Creek, near
StOecker's mill; 1t was dark when we got to
the creek; | did not know the creek; we
drove into the creek; August StOll was driv-
ing the team; when we got into the creek the
water upset the wagon, throwing all of Us
into the stream; my wife called out for help;
l got hold of her and the current carried us
u distance down In the creek, when l got hold
of n tree, and the team and wagon strik-
ing against me and my wife; carried nv wife
away from me; l got out safe l did not see
my wife and children alive since; the dead
bodies were found this morning in the creek
under drift wood. his
JULIUS X SCHMIDT.
mark
August Stoll oflawfula age being duly sworn,
upon his oath states Il reside ia DAVIS
township. Lafayette county, Mo-; on yester-
day, the 18th day of June, 1885, 1 went with
my team and wagon to COncOrdia, Mo. Julius
Schmidt with his wife and two children,
came with me on a visit TO my family; two
of my children and William Walbeck were
also with me on my wagon; il rained cOnsid-
erably while l was In COncOrdia; when we
reached the ford on Dye Rock Greek near
Stoecker's mill; l thought that the water was
not deep, but when l drove IN the team went
aside, the current upset the wagon and took
all down stream my girl told me that the
stream was too high, but Walbeck said lie
thought it was not half full I could see the
water, the creek was about half full; L had
hold of the team trying to save the team;
my children got out and saved themselves; l
heard considerable cries; soon all was over,
and l told Julius Schmidt that his wife and
children were drowned; l had hold OF the
team for near a quarter of an hour; 1t may
hR mi nnifa a nnurfar nf an horr but ,,n,
considerable time; l had the team against the
bank; l was In the water on the side of my
team; and got hold of q tree; the stream
threw the wagon around, and the team and
wagon went down stream and was gone; l
got out and found my little daughter on land.
meeting me and asking where Julius, my
child was; l looked and found him sit
ting on a limb. and took the boy from the
lint; since then | saw no more than Julius
Schmidt; he was on q tree which was lying
against the same tree; 1 saved my mule and
my horse was drowned; found the dead
bodies of VIM. Walbeck, Mrs. Schmidt and
her two children in the creek this morning,
when they were taken out.
AUGUST SToLL.
Subscribed and sworn to before me, this
l4th day of June, 1885. Henry w. THE.
man, J. P.
Wm. Simons of lawful age, being duly
sworn, ststes.On the evening of June Ii,
AOOo, L WhS dI AT. aouT1 Sduu6TS, ST., VINO
resides about $50 yards from the ford on Dive
Rock Creek, near ~Stoecker's saw mill; about
half past 8 O'Clock, while at Mr.. Sanders
house, l heard a noise toward the creek; 1
said to Mr.. Sanders there was something
wrong ! started to the creek and was met
by MIR. StolPs little boy and girl I asked
them what was the matter, the little girl said
her fathers team was in the creek, and that
Mrs. Schmidt and two children were drown
ed; l then went to the ford and heard some
body down the creek hallooing; the creek
was full; l went down along the creek from
where the voice came; 1 found Mr.. Stoll
there; he said to me. 'Oh. Bill, save NV
team" he almost pushed me in the creek; /
told him to let Inc alone; there was q couple
OF trees lying across the creek at that place;
l crawled down on them by that time Henry
Sanders came with a lantern and | saw his
team in the water; the horse was dead and
the mule alive: l cut the harness off the mule
which freed its head latter / freed him | got on
the bank again, then for the first time l saw
MIR. Schmidt who told me that his wife and
two children were IN the water; I got down
again trying to find them them, bnt did moi
succeed; got on the bank again; we went to
Mr.Sanders' house and all put on dry clothes;
returned to the creek; there found Mr.. Geo.
Avery and his three sons; think Messrs. Lee
and Turner Barbee were there also, and all
succeeded in freeing the mule so that he got
out OF the creek took lanterns and went up
and down the creek looking for the bodies,
out could not find them; we remained there
until about II O'Clock, and concluded to meet
there again at day-break and went home; l
returned there this morning when the bodies
were ound. WIN. SIMoNs.
Subscribed and sworn to before me this
l4th day of June, 1855. Henry w. THE
man, j. +.
Then follows the testimony of several other
persons who endeavor to implicate Stoll in
criminal carelessness in having driven into
the creek, and also In criminal neglect to at
tempt to save Mrs. Schmidt and her children.
Instead of which, it is alleged, he was only
concerned to save his team.
SimOns was the first person to arrive upon
the scene.
Upon being recalled Schmidt testified:
When SimOns came my wife and children
were dead, and there was only the mule that
could be save
Being recalled StOll testified:
August StOll being recalled, stales-I look
ed at the creek; could see how full it was;
was not drunk, and Walbeck was not drunk:
trled to save persons but could not; let team
go; Schmidt and his wife were ahead of the
team in the water, and l had to try and keen
the team oil OF them got under the wagon
once myself; l knew 1t was dangerous if the
team would turn to the right and the team
did turn to the right; had team remained on
s"N Wv VI ~ loAu J. COulu have crossed,
creek raised after that.
The jury's verde was as follows:
We, the undersigned Jurors, empaneled
and sworn on the l4th day of June, 1855, in
the township of Davis, In the county of La
~fayette. by Henry W. Thieman, y Justice of
the peace in and for said Freedom township,
sctlng AS coroner to diligently inquire and
true presentment make, how and by whom
William Walbeck, Louisa Schmidt, Martha
Schmidt and Rudolph Schmidt. whose bodies
were found near Stoecker's saw mill in Dive
Rock Creek, in Davis township, in said coun-
ty, came to their deaths, having viewed the
bodies and heard the evidence, do find that
the deceased came to their deaths by drown
ing at said place in said creek, which was
caused by the carelessness of August Stoll
driving the wagon containing said persons so
drowned into said creek, the water being too
deep for crossing the creek, which caused the
death OF said persons; and we find that said
August Stoll is guilty of gross negligence by
carelessly and willfully driving into said
creek without having first examined the con-
dition or depth of water of same carefully as a
prudent man should have done, and thus pre-
vented the loss of one man and d mother and
two innoce nt children.
Given under our hands this llth day of
June, 1855. GEO. W. AVERY. Foreman,