Fair play., 1898-09-24
THE MAx-WITHERS FEUD.
Case that Promises to become
Celebrated.

Greenville, Mo, Sept. 12.-Wayne
county is again thrown into state
of fcverish excitement as n result OF
the latest development of the famous
Max case which had its beginning one
gear ago. The last chapter is the
;hooting, from ambush, of Kirk Max,
on 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
lshed, but n review of the crime and
its peculiar subsequent developments
is of interest at this time.
On the night of September Z, 1897,
George 4. Withcrs, cashier OF the
Farmers and Merchants bank of Pied
mont, returned from a business trip to
Ironton. Mo-, on IA train which arrived
in Piedmont about 4. III. of the Sth.
He was seen to alight from the car
and remain a minute or so Oh the
depot platform. His dead and
manglcd body was found in the rail-
road yards nearly Il quarter of a mile
south of the depot at about a. IN. OF
the sth. A search was Immediately
begin, 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 Wlthers
had been murdered, and the invcstiga-
sion and search, though it was system
attic, and was conducted by divers per-
sons, brought out circumstances which
pointed to the Max brothers as being
guilty of waylaying and numbering
Withcrs and then 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 hy, which it was al
lcgru Wiihcrs hal worn on sore
finger. \ witness was found who saw
Henry Max driving his buggy out of n
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
~v making the track tracked crooked;
so did Max's. His buggy was exam
inc,!, and blood stains were found on
it. \ valsc belonging to Henry Max
was found in his room. and in it were
found blood STAINS. The Max boys
were arrested. charged with the crime
which the circumstances showed to
have been committed.
Nearly a year before the killing of
Nithcrs Henry Max had been accused
of having had improper relations with
Il youngg girl named Sophronia Harness.
an orphan. and Lad been indicted by
the grand jury. Withcrs had taken a
leading part in iheprosccution of Max.
The ease had been tried once, but re-
suited in Il hung inry,and had never
come up for another tr1af. mis- lacf,
together with the fact that Withcrs
and T.. II. Max had had unpleasant
business relations, was also taken as
circumstan,ial evidence by the state.
The ease finally went To trial last
February before Special Judge John
G.. 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,
court ad iourned until March. The two
I". who had sickcned died at their
hotel. aiI~ 70, others of the 100 venire
sickcnrd and q. IT going to their
homes.
I;rforc going into this .,an Ta,,,
anct had been secured by the
ants SO that they were to De tried sep
aratcly. At the March term another
ycnirc of 100 was secured, a jury Sc
luct"d. and the trial again begun. re-
sulting IN the acquittal of Kirk Max
after Il wekk's trial.
The trial of Henry was set for Au-
gust -. but by mutual agreement 1t
was postponed until December l. The
states reason for wishing continu-
ancc was that the railroad man who
first found Withcrs' body was unable
to attend court, while the defendants g
reason for agreeing to a postponemcnt
WAS that he had heard of an important
witness whose whereabouts had not
been asccrtaincd. and it was feared he
could not be got into court. Since
then this witness has been found at
Union. Ill. His deposition has been
obtained. He testified that 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
sworc that he lifted the dead body
around, leaving it between two tracks.
After the trial of Kirk Max, in
March. Il tramp who swore that he
had overheard the Makes planning to
the peace at Piedmont and made affi'
davit that he had sworn falsely against
Kirk Max. and that 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 few days since. This testi.
monv being out of the case. it Seems
that the states case largely hinges On
the truth of the Union witness testi-
mony. IF it is believed, Henry Ma:
must be innocent; if disbelieved, the
case rests on the old issues.
It is said that Henrik lbsen has upon
his desk at his home in Norway queer