The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-12-18
BIRCH VS.. BENTON.
History of This Famous Scandal Case
Between These Two Great
MIssOurians.


The Judicial Annals of Missouri
furnish no more interesting and instruc-
tive history of forensic litigation than
can be found In the celebrated scan
dalum magnatum action of Birch vs..
Benton. The distinguished dramatic
persona of litlgants, attorneys and
witnesses connected with this caucus
| celebra and the personal and political
features involved, at once renders 1t
highly interesting and dramatic. An
account of its history will, no doubt, be
entertaining, if not amusing, not only
TO the legal profession, but to the lay
men as we'll.
MacauIay's "Great Lawsuit between
the Parishes of st. Dennis and ST.
George In the Water" Dickens "Jaun-
dice vs.. Jaundice," DIR. Warren's Title
Bat Tit Mouse elected in s'Ten Thou
sand a Year" Dred Scott vs.. Sanford
| (reviewed BY Benton himselD or Wood
ard rs. Dartmouth College" fall short
of this case in 'distingue personal"
Let US trace retrospectively this
famous couse through all of its singular
and variant mutations from its incep-
! tion In l649 to its final conclusion in
1858, covering a period of nine years,
beginning in the Circuit Court OF
Buchanan county and ending in the
supreme court.
On August 9Th, 1549 there was filed
| in the circuit court of Buchanan county,
Missouri, petition based on an action
for
DAMAGEs FOR sLANDER,
Wherein Colonel James Fl. Birch, of
Plattsburg, Clinton county, was plain
tiff, and Colonel Thomas II. Benton,
the thirty years senator of Missouri,
was defendant. The petition alleged
that the defendant had In public
speech at Liberty, Clay county, charged
that the plaintiff had whipped his wife
and Knocked out three of her teeth,
because she had demonstrated against
plaintiffs ill:cite association with a
negro wench belonging to plaintiff;
and In the same speech and also al
another place and time had publicly
called plaintiff 'sheep killing cur
dog" The damages were laid at one
thousand dollars. A capias adrespond-
endum was served personally on Ben
ton in Buchanan county on the tenth
day of August, lS49, although the
petition alleged that he was a nom
resident of the state. Benton at that
time being L.. s. senator of Missouri.
A change of venue on the application
of the defendant was awarded to Clay
county.
In the first instance In the Buchanan
circuit court the petition was signed by
Loan, Archer and Lee and the amended
petition filed In the Clay county circuit
court was signed by John Wilson,
Benjaman F. Loan and Archer aud Lee
as plaintiffs attorneys. An answer
was filed by defendant through his
attorneys, Henry M. Voris, James B.
Gardenhlre and Bassett e. Jones. The
clerk In Buchanan county was VIM.
Fowler, the sheriff, VIM. w. Reynolds.
In Clay county Samuel TiIlery was
clerk, Oliver P. Moss, sheriff, George
w. Dunn, judge. This time on the
application of plaintiff the case by
change of venue was sent to Jackson
county, when Henry L. Routt and Jas.
K. Sheely were added 10 plaintiffs
list of attorneys and VIM. T. Wood to
that of defendant. Henderson Young
was circuit Judge and Samuel D. Lucas
clerk 10 Jack son county. The circuit
Judge having been OF counsel IN the
case, q
CHANGE OF VENUE WAS AWARDED TO
HENRY COUNTY.
Where the case was finally tried at
nisi prius on the 11th day of May, 1855,
Dewitt C. Ballou, judge, Dewitt c.
-. ~,ec 4 Tr1tf oil
The defendants list of attorneys was
here increased by the addition of the
names of Waldo P. johnson and Russell
Hicks. The jury were Daniel A. Gill
laspie, foreman, Ferdinand F Sumers,
Patterson Gordon, Benz. Goodin, Ttos.
J. Rockwell, Marshal s. Peelor, Benz.
L. Owen, Jesse w. Sharp, Mathew
Wells, Henry I.otspiech, George w.
Walker, James T. Teasy summoned on
special venire and all Wings, politically
and was composed of twelve of the
sturdy aud sterling yeomany of Henry
county, and their verdict which was
for five thousand dollars for the plain
tiff attest the fact that they had
high and true appreciation of the value
of character and the sanctity of the
home, and that however exalted may
be the private or public standing of
mau, he cannot with impunity, bear
false witness against his neighbor or
wantonly and maliciously sssaIl with
defamation the home and happiness of
the family. They realized that
''The purest treasure mortal times afford,
Is spotless reputation, this away.
Man is but gilded loan or painted clay"
They have all passed to the tongue
less tomb except Owen and Sharp, who
still s'slt on the lap of time" honored
and beloved of all their neighbors.
Col. Joseph Davis, now an octogen-
arian, and his aged wife, with elegant
hospitality (snavita In modoI enter
tanned the judge, lawyers and jury. To
this aged and honored couple at their
hospitable home in Vernon county,
send my greeting with the wish that
tho evening OF their generous and use
full lives may be serene and tranquil
until they reach the oelestian portal
where the Good Shepherd forever
enfolds His own in the sweet pastures
by the still waters of eternal life.
The usual motions for new trial aud
In arres: were made and overruled and
the case taken on q writ of error to the
supreme court, where at the January
term, 1859, 1t was reversed, Judge
Richardson delivering the opinion,
scott J. concurring, Napton j. giving
no opinion, and Is reported in 26 Mo.
1853. Judge John E. Ryland was
added to defendants list OF attorneys
in the sucreme court, making the CON-
= FL