The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1898-09-24
THE MAX-WITHERS FEUD.
Interesting Details of a Southeast Missosr3
Case that Promises to Become
Celebrated.

VI ieNeTlSn excitement as 4 result OF
the latest development of the famous
Max case which had its beginning one
year ago. The last chapter is the
Lhooting, from ambush, of Kirk Max,
IN the night Of the 9Th inst. The
known facts in connection with the
death of George A. Withers, cashier of
the Farmers and Merchants bank of
Piedmont. whose Dody was found dead
In the railroad yards at Piedmont on
September S, 1897, have also been pub
lished, but a review of the crime and
its peculiar subsequent developments
is of interest al this time.
On the night of September Z, 1897,
George A. Withers, cashier of the
Farmers and Merchants bank of Pied
mont, returned from a business trip to
Ironton. Mo-, on 4 train which arrived
in Piedmont about 3 a. m. of the 8th.
He was seen to alight from the car
and remain a minute or SO on the
depot platform. His dead and
mangled body was found in the rail-
road yards nearly 4 quarter of a mile
south of the depot at about 5 a. IN. OF
the Sth. \ search was Immediately
begun, the object of which was to find
some clew which would help solve the
mystery of the killing. The general
consensus of opinion was that Withers
had been murdered, and the investiga-
tion and search, though it was system
attic, and was conducted by divers per-
sons, brought outcircumstances which
pointed to the Max brothers as being
guilty of w~aylaying and numbering
Nithers and Their conveying his body
to the railroad yards. Something
like blood stains We're found on the
iron sill of the Harmon building, on
Main street, and Il rag was found in
the street near by, which it was al
legged Withers had worn on 4 sore
finger. a witness was found who saw
Henry Max driving his buggy out of a
nearby alley at an early hour that
morning. Buggy tracks were found
going in the direction Of the place
where the body was found. The bug
gy making the track tracked crooked;
so did Max's. His buggy was exam
ined, and blood stains were found on
it. \ valise belonging to Henry Max
was found in his room, and in it were
found blood STAINS. The Man boys
were arrested, charged with the crime
which the circumstances showed to
have been committed.
Nearly a year before the killing of
Withers Henry Max had been accused
OF having had improper relations with
Il younggirl named SOphronia Harness,
an orphan, and Lad been indicted by
the grand jury. Withers had taken a
leading part in the prosecution of Max.
The case had been tried once, but re-
suited in a hung jury, and had never
come up for another rnaE. mis- TACT,
together with the fact that Withers
and Z. X. Max had had unpleasant
business relations, was also taken as
circumstantial evidence by the state.
The case finally wen to trial last
February before Special Judge John
&. Wear, who had been selected to try
the case. The trial was fairly under
way when two of the jurors became
sick, and the others being excused,
rourt adjourned Until March. The two
Jurors who had sickened died at their
hotel, and two others of the 100 venire
sickened and died after going to their
homes.
Before going into this trial a sever
ance had been secured by the defend
ants. so that they were to be tried sep
aratcIy. At the March term another
vcnire of 100 was secured, a jury Sc
lcctcd. and the trial again begun, re-
cutting in the acquittal of Kirk Max
after Il wekk's trial.
The trial of Henry was set for Au-
gust 23, but by mutual agreement it
was postponed until December 1. The
states reason for wishing a continu-
nnce was that the railroad man who
first found W:thers' body was unable
to attend court, while the defendants
reason for agreeing to a postponement
was that he had heard Of an important
witness whose whereabouts had not
been ascertained. and it was feared he
could not be got into court. Slice
then this witness has been found at
Union, Ill. His deposition has been
obtained. He testified that n man
whose description as given by him tai
lied with that of Withers got on the
bumper of a freight car in the yards
at Piedmont. That in switching he
was thrown from the car, his head
striking the rail, killing him. He
swore that he lifted the dead body
around. leaving it between two tracks.
After the trial of Kirk Max, in
March, a tramp who swore that he
had overheard the Makes planning to
kill Withers went before a justice OF
the peace at Piedmont and made aft.
davit that he had sworn falsely against
Kirk Max, and hat he had been hired
to do so. He was arrested at the in
stance of the county attorney, charged
with perjury, and placed in the city
Jail at Piedmont, from which place he
escaped a few days since. This tesu.
mony being out of the case, it seems
that the states case largely hinges on
Tho +rDtb of the Union Witness teStf-