My grandfather never knew his father, Dr. Albert White Chenoweth. He was shot returning home from his daily practice, two weeks before Harry was born. This page is dedicated the memory of Dr. Albert:
Albert served in the Civil War as a surgeon with the 14th Kansas Volunteer Cavalry Regiment for 22 months.
FROM THE HARRIS BOOK: Doctor Albert practiced medicine quite successfully in his home town of Pineville in McDonald County, and was a most prominent citizen. From 1866 to 1870 he was the County and Circuit Clerk of McDonald County, and in 1878 he was elected to the Thirtieth General Assembly of Missouri, Democrat, Representative. He was a member of the Methodist Episcopal Church and a zealous temperance worker, a devotion that cost him his life.
On the night of September 12, 1883, Dr. Chenoweth was shot from ambush while returning home in his buggy from Pineville. He fell to the road from his buggy, mortally wounded by two shotgun blasts. His antagonism towards liquor and saloons had made him enemies. Garland A. Mann of Pineville was an open bitter foe, claiming that Albert had prevent him from obtaining a liquor license and had interferened with his pension request, and was known to have threatened Albert. Mann was immediately arrested and jail. He was tried, but the jury could not agree, and a new trial was held. He was convicted of murder and sentenced to be hung, but the Supreme Court reversed the decision and ordered another trial. The third trial again resulted in a hung jury and mistrial. A fourth trial was begun, but on the night of August 3rd, 1885, an angry mob, frustrated by the delays, broke into the jail and shot the accused man to death.
What follows are testimony presented at the trial as published in the Neosho Times:
The tragic death of Dr. A.W. Chenoweth and the particulars relating thereto are known to a majority of the readers of the News. G.A. Mann was arrested, on suspicion, as the assassin, had a preliminary examination before Squire John Mosier, was committed to jail to await the action of the grand jury and subsequently indicted for murder in the first degree. A change of venue was taken from this to Newton County and the case was called up for trial on the 24th ult. Below we give the evidence produced before the jury, as it appeared in the Neosho Times:
H.A.F. CLOUD: Reside in Pineville. Am Circuit Clerk. The papers shown to me are the files of court at the preliminary examination of Garland Mann.
CHARLES CHENOWETH: [JE note: this is Charles W. Blair 'Charley' Chenoweth, age 15, on the night of his father's death] I live in McDonald County, State of Missouri. On the night of Sept. 12, I was at home reading. Heard the buggy coming down the hill passed the house and turned down the lane. It ran against a cedar post and broke the tongue and dashboard off. I went out of the front gate and up the road and down the lane where the horses and buggy were. The gears were tangled around the post and horses were loose. Caught a horse as soon as I could and started down the road.
Saw something black laying in the road. My horse scared and I got off and went down the road where I found father lying in the road. Father's full name was Albert White Chenoweth [JE note: this is the only instance I know where the middle name of Dr. Albert W. Chenoweth is recorded. I had searched for it for a long time.] I went on to father. I felt a hole in his shirt and stuck my finger through it. Father was lying on his back with his head to the northeast, a little angling across the road, with no signs of life. I went to town hollering, and met Henderson Brunk in the road, a little north of his house where there is a bridge. I told him some one had killed Pa. I went to Dr. Duval's house and then to town, where I met Mr. Elliff and others. I then came back to where father's body lay. A few minutes before the team came in I heard a gunfire in the direction of town. It was a moonlight night, almost clear. The body was removed to our house, by several men that night. And an inquest was held and the body interred in the Pineville Cemetery. Father was driving a low open buggy. I heard the shot between six and eight o'clock. My mother was in the room with me when the shot was fired, and she went with me to ascertain the cause.
MRS. A.W. CHENOWETH: [JE note: this is Laura Victoria, nee Yonce, a bride of 2 years, Albert's second wife, heavy with child on that fateful evening] I am the widow of Dr. A.W. Chenoweth. Lived near Pineville. On the night of Sept. 12, I was at home in my sewing room, when I heard the report of the gun. Charley was reading near me. In a few minutes I heard the buggy pass the house as we both went to see if the doctor had come, and we found the buggy empty. The team came from toward town. As quick as Charley could get a horse he started to town and I soon followed. Some one brought me the news that the doctor had been killed, and I went back home. The last time I saw the doctor was the morning of the day that he was killed, about 8 o'clock. He left home to visit some patient's down the river. I did not see him again until the morning after he was killed.
H.V. ERDMANNSDORFF: I am a real estate agent and civil engineer. On Sept. 12, was in Pineville. Was in the hotel a little after 8 o'clock, when Mr. Brunk came up and said someone had killed Dr. Chenoweth. I went toward Dr. Chenoweths house and after I passed the bend of the road I found the body of Dr. Chenoweth. Several parties were already there. I make maps. Made the one now in court (Witness then showed the jury where the body of Dr. Chenoweth was found, on the map, together with other localities). I noticed next day that someone had been whittling the brush, southwest of where the body lay. I saw marks of buckshot in a fence rail, averaging about two and a half feet from the ground. The balls must have come from the southwest, to have struck the rail in the way they did.
W.C. DUVAL: I reside in Pineville Missouri. As a physician and surgeon. On the night of Sept. 12, I was in my drug store, at the time the shot was fired. In ten or fifteen minutes Henderson Brunk came in and wanted me to go and see Dr. Chenoweth, whom he said had been killed. I wented with him, and found Dr. Chenoweth lying on his back in the road. I examined the body and saw that he was dead. The body was removed to the house and an inquest held. On examination I found that eleven buckshot had passed through the body, except three which I cut out. The balls first penetrated the back and passed out in the front. Am satisfied that he came to his death from the effects of the gun shout wounds. Some shot were found in clothing. The bullets that I cut out of the body I gave to Squire Johnson. The wounds must have produced instant death. The body was buried next day in the Pineville Cemetery.
E.W. EDWARDS: I reside In Pineville. Was at home on the night of Sept. 12. Mr. Elliff and I were the first men that reached Dr. Chenoweth. We heard Charlie Chenoweth crying that his father was killed. Had heard a gun fire a minute before. When we reached Dr. Chenoweth, I put my hand on him and found that he was dead. I picked up his coat which was laying ahead of him and some papers which were behind him and laid them near the body. I went home and then went to Dr. Chenoweths house. Henderson Brunk and Mr. Elliff examined the bridge and some papers that were lying in the road. When we reached the place where the Doctor had been lying, we found paper wadding that had been in a gun. It looked like fragments of newspapers. It was scorched and blackened. On the afternoon of the killing I was in town. I know Garland Mann. Saw him late on the evening of the killing in front of Thomas Clark's grocery store, where we talked awhile, ten or fifteen minutes about Texas and other things. A hack came driving up the street, and he asked me if that was Dr. Chenoweth. Clark runs a gallon whisky house and grocery store. His place is on the northwest corner of the square. Mann was in his usual good humor that evening, and seemed pleasant and agreeable. Several other parties came up while we were talking, I went on home, leaving Mann there. It must have been three-quarters of an hour after I went home until I heard the gunfire. Did not see Dr. Chenoweth that evening.
WROTEN M. KENNEY: My name is Wroten M. Kenney. I live in Pineville. Was at that place on the night of Sept. 12. I know Garland Mann. Saw him the night Dr. Chenoweth was killed, sitting on the sidewalk on the West Side of the square, near the northwest corner, in front of Clark's Whisky store. I heard Mann talking with other parties. Later there was a vehicle coming up the street and I heard Mann ask if that was Dr. Chenoweth. I heard a gun fire after I went home, three-quarters of a mile north of town, on the Pineville and Neosho road. Have to pass Dr. Chenoweth's residence to reach our house, I walked home. It was about half an hour or longer after I saw Mann until I heard a shot that I thought had been fired in Chenoweth's field. The road to our house from town runs through a valley all the way.
MISS ELLA WALKER: I live in Pineville. On Sept. 12, I was at Mrs. Painter's. I live with Col. Barr. Mrs. Painter's house is out a short distance from Col. Barr's. That night I heard a shot fired and then I heard someone running through the brush, and then heard Charlie Chenoweth scream. I could not tell which way the person was running but think the person was coming toward Mrs. Painter's. I think only one person was running. I was bringing in flowers off the east porch when I heard the running. Stock and hogs run at large in the brush around our house.
MRS. JOSIE GOODIN: I reside in Pineville. Am acquainted with Garland Mann. On the night of Sept. 12, I was at Mr. Cloud's house. He is my brother-in-law. That night I heard a gun fire, and then heard someone running west on 5th street. The report of the gun sounded considerably like both barrels were discharged at once. Have seen Garland Mann pass on 5th Street quite often. I saw Garland Mann pass our house going to town about 4 o'clock that evening. There was a great deal of excitement that evening. I cannot say positively that it was a man that ran past the house, but it seemed like one.
A.C. WALTERS: I reside in Pineville. Am acquainted with defendant. On evening of Sept. 12, 1883, I was in Chenoweths drug store. At 8:30 o'clock I heard a gun fire. Dr. Chenoweth left the store about 5 minutes before I heard the gunshot. He had come in and asked for his mail, which he looked over. The Dr. remained in town about half and hour. I did not see Garland Mann that evening. When the shot was fired I compared watches with my brother and Curt Chenoweth. It was a still, moonlight night.
L.C. CHENOWETH: [JE note: this is Lincoln Curtice 'Linc' Chenoweth, age 21, on the night of his father's death. Called both 'Linc' and 'Curt', he ran the drugstore in town that his father had helped him establish. Albert's will would leave him sole owner of that establishment.] Am a son of the late Dr. Chenoweth. On the night of Sept. 12, 1883, was in my drug store in Pineville. I know Garland Mann. I first saw him on that day about 8 o'clock, sitting on the steps of Tom Clark's saloon with Butler Little. I was returning from supper at the time. I saw him again near the same place, later, in company with Henderson Brunk. It was about 15 minutes later than the first time I saw him. I ate supper by lamplight. I don't remember seeing my father that day as he had gone to see a patient at John Young's, 14 miles below Pineville. My father was a physician. Father returned from Young's about ten minutes to 8 o'clock. He came into the store, stayed a few minutes and started to supper. He was driving a brown pony team and an open buggy. While in the store he fixed up some medicine for Cy Murray. I was at the store with Albert and Wm. Walters after father left when I heard the report of a gun. When the gun was fired I had my watch in my hand. It was 8:20 o'clock. In a short time Henderson Brunk came in and told me that someone had shot my father. Myself and Brunk went on up the road and met Jess Elliff and several others, where I found my father lying in the road dead.
JOHN KIRBY: I live in McDonald County. Am acquainted with Garland Mann. Last February I was in Pineville. Have known Mann 10 years. I went from Pineville to Carthage with Mann and Wisdom in charge of the sheriff to Carthage jail. I was put in the same cell with Mann and two others. We were that way about two weeks, then we were left alone two or three nights. I know of the killing of the A.W. Chenoweth. We were taken out of the Pineville jail by deputy sheriffs and walked about a half-mile to the hack, which we were put in and started to Carthage. I did not hear of a mob in Pineville at that time. I stand indicted for the murder of Oodwin, at Pineville last February. We left the regular Neosho road and drove through the woods. We met two men. Do not know whether they were armed or not. Got to Neosho about daybreak. Mann told me that he did kill Chenoweth, and that he didn't give a goddamn. He said that he was sitting on the platform of Thos. Clark's saloon when Chenoweth drove up. After they met, he walked up the street toward Dillin's place. He thought he would go in and see him, but changed his mind, as Dillin [JE note: as pointed out by Alicia Brown, the "History of McDonald County Missouri" by Judge J. A. Sturges--1897... states that "In October, 1884, A(lbert). M. Dillon, of Pineville was arrested as an accessory to the killing of Chenoweth, but was tried and acquitted by a jury of his own county, there being no substantial evidence against him."] was talking with his wife. He then went close to Dillin's barn, where there was a double-barreled shot gun placed, which he got. He then went across the hollow by Mr. Barr's, then across the Bradley Branch, going back of the widow Painter's and placed himself on a point a certain distance at the turn of the road near the school house and waited until Dr. Chenoweth came along. About 8 o'clock Chenoweth came along. Mann having been there only a few minutes. He said he then fixed him and that the team went on and he struck out for tall timber. He said he went home. He said he supposed the gun belonged to Dillin, but that he didn't give a damn, that he was killed, all the same. He said he placed the gun in about the same place he found it. That when he got home he looked at the clock and that it was about 9 o'clock. He said that his reason for killing Chenoweth was that he had interfered with his whisky and pension business and that he had accused him (Mann) of trying to burn the town. Mann's reason for telling me was that I was in jail, and that my evidence would not be admitted in court. In 1876 Mann had a whisky shebang in Pineville, and one day he took me back of his place and offered me or any other man $65 to kill Chenoweth. (When the cross examination commenced, the witness claimed to have been taken with a chill, and was examined by physicians who pronounced him unable to testify, and the court excused him until he was better.)
J.C. COLE: I reside in Pineville. Am prosecuting attorney of McDonald County. Was present at the autopsy on the body of Dr. Chenoweth. Have bullets in my possession that were taken from the body of Dr. Chenoweth. They were given to me by Squire Johnson, who acted as coroner.
SHERIFF ROBERTS: I am sheriff of Jasper county. I took Garland Mann and Wisdom to Pineville last February, and brought away Mann, Wisdom, and Kirby, we left Pineville after night. We had two guards besides Mr. Seabourn and myself. We saw one or two parties and abandoned the road. Mann said he thought he was in danger. He seemed to realize that he was in danger, but did not act cowardly. He talked about the same after he was in the Carthage jail. I could not say that he seemed alarmed while at Carthage.
JAMES GIST: I reside in Pineville, MO. I know Garland Mann. On the night of Sept. 12, was at Pineville. I saw Garland Mann at the corner of the square, in front of Clark's drug store on the northwest corner of the square. Clark's place is also called a grocery. I talked to Mann in regard to business affairs. It was about fifteen minutes after 8 o'clock. After talking to Mann awhile I went to Mr. Dillin's, leaving Mann at the drug store. Did not see Mann any more that night. I was talking to him about giving him a note for the money I owed him. I said that I was willing to give him a note and he said all right, as something might happen to him or us. He then turned and whittled at the wall for a few minutes and I went away. I carry the mail from Neosho to Pineville.
A.J. TESTERMAN: I reside in the Indian Territory. Have lived there one year. Before that time I lived in McDonald County. I know Garland Mann. I knew Dr. A.W. Chenoweth. I have heard so many threats made that I cannot give the exact dates. The first threat I heard him make was in 1878. He claimed that Chenoweth has sold his property, knowing that he was going to sell whisky in it, and that after he had purchased the property, Chenoweth prevented him from getting his license, and that he was going to shoot the son-of-a-bitch. On another time he threatened to kill Abe Price and Dr. Chenoweth for accusing him of burning the town. Another time he was talking to me, and said that he had found a letter from Chenoweth that knocked him out of his pension and that by God he would kill him. He must have told me at least five hundred times that he would kill Chenoweth. He said that he intended to leave for a short time and then slip back to Pineville and kill Chenoweth. Mann told me once, right after Chenoweths drug store was built that he had $300 in gold for any man that would kill him. He said that Bill Matney would do it if he was not in trouble, already. He told me one time that he was going to move to his farm, quit drinking and join the Murphy's, and when Chenoweth passed the narrows on Cowskin river sometime he would shoot him out of his buggy, roll his body into the river and go back home. He told me another time he had watched for Chenoweth the night before and missed him, but that some night he would kill him and tie him to his horse's tail and let it drag him home. He told me once he would kill Chenoweth himself if he could get no one else to do it and would come in and give up to be hung publicly. He said if he had the son-of-a-bitch out of the way he would shoot him as near the cross of the galluses as he could, and would send him to hell before he knew it.
HENRY TESTERMAN: I live near Pineville, in McDonald County. Have known Garland Mann for twelve years. I knew A.W. Chenoweth during his life. In 1878 I had a conversation with Mann concerning Chenoweth. He called me into his saloon and told me that Chenoweth helped to prosecute me in a criminal case I had before the court at that time. He said Chenoweth had sold him a house, knowing that whisky would be sold on the property, and then tried to break him up. He said he wanted him killed, and that I was the man to do the job, and that he would pay me for it. I had another conversation with Mann in the spring of 1878, in which he told me that he wanted Chenoweth killed and that he would give me $300 to do the job. He said he would put the money in an oyster can or some other can. Vessel and would put where I could find it, so that I could not say he gave it to me. I had a conversation with Mann July last, in which he told me he wanted to kill Chenoweth, and "damn son-of-a-bitch ought to be killed". Mann wanted me to pass over the bridge on the Pineville and Neosho road with my hat in hand, as a signal that Chenoweth was coming alone in his buggy, and said that he would shoot him in the back with a shot gun loaded with buckshot after he passed the bridge. He wanted me to tear up some papers above the bridge and show it to the people after the excitement raised, to make them believe the shot was fired there. I had a conversation with Mann last August, back of Brown's Blacksmith Shop, in town to kill Chenoweth and wanted me to give him a signal, and after the shot was fired to try and make the people believe that moonshiners did it. He said that if I was alone when the shot was fired I should testify in court that I had seen him a few minutes before, going towards home. He said that after he had shot Chenoweth he would stay there until he knew Chenoweth was dead and then, while on his road home he would load his gun with grass and leaves and leave it. He said that he would not take it home after that. In May 1878, he told me my slippers would be a good thing to wear to do the job in, because they would not leave tracks. I must have had at least twenty conversations with him at different times.
R.V. VAN HOOSER: I live in the Indian Territory. Went there from McDonald County, last March. I know Garland Mann. Last 4th of July a year ago he told me at Indian Springs, that Dr. Chenoweth had to make an apology to him for accusing him of burning his drug store that if he didn't do it he would kill him. We were at a Fourth of July picnic at the present when the conversation took place. It was about noon.
MART EPPERSON: I reside in McDonald County. Am a farmer. I know Garland Mann. About a year ago last fall I sold him some sheep. He said that if Chenoweth didn't acknowledge that he had done him wrong he would kill him.
J.C. BABER: I reside at Pineville, McDonald County, I know Garland Mann. My hotel is on the northeast corner of the square. Have saw Garland Mann on the street near my house several times.
THOMAS WILSON: Live In McDonald County, two and a half miles from Pineville. I am a farmer. I know Garland Mann and knew A.W. Chenoweth in his lifetime. I heard Garland Mann make some threats against Chenoweth when we were going to Colorado. He said that Chenoweth had used him wrong and that he was going to kill him. At another time we were talking about Chenoweth, Mann said "I wonder if he knows his time is short the damn son-of-a-bitch? He was watched for a few nights ago, but he didn't come along". Mann and I went to Colorado together four or five years ago. There were several parties with us on the trip.
WM JEFFRIES: Live near Pineville I know Garland Mann. At one time I heard Garland Mann threaten Chenoweth. I was living on his place at the time. He came home apparently much worried, and said that if they didn't quit persecuting him he would raise a mob and go to town and kill about half of them. He said they were interfering with his whisky license. Do not know what's posts he refereed to.
JOHN JOHNSON: Am a Justice of the Peace, in McDonald County. On the night of Sept. 12, 1883, was at the Masonic lodge. I was acting coroner, and held the inquest on the body of Dr. Chenoweth. (Here witness identified bullets extracted from the body of Dr. Chenoweth.) I wrapped the bullets extracted from the body and kept them until I gave them to J.C. Cole, prosecuting attorney, of McDonald County.
ROBLEY WILLIS: Reside in Newton County. In the early part of 1883, I lived in McDonald County, five miles from Pineville. I know Garland Mann. At the February term of Circuit Court at Pineville, in 1883, I met Mr. Mann on the street and he said "Robley, if Able Price and Chenoweth don't take back certain things they have said about me by God I'll kill them both". I told Mann "I wouldn't talk that way. We're both Masons and I don't want you to talk so". He replied I'll do it if they don't quit. Then left him. Had another conversation with him in July or August of 1883 at my house, in which he said to me, "That son-of-a-bitch is getting in more dirt on me". Asked in what respect, and he said "While I was in Washington City the pension bureau received a letter from Chenoweth that beat me out of my pension, and I'll be damned if I don't kill him, that's what I'll do". Do not remember of his making any other threats in my presence. Am a farmer.
W.B. MATNEY: Reside at Pineville, MO. Know Garland Mann. Was acquainted with Dr. A.W. Chenoweth in his lifetime. Never heard Mann threaten Dr. Chenoweths life but once. That was when he was drunk. He was talking about his pension and said that he would kill Chenoweth. We were fishing on the Cowskin river, three miles below Pineville. We were fishing with what I presume was giant powder, although I didn't see it neither did I see anybody put any in the river, but we got some fish.
ABRAM DEGROFF: Reside in Neosho. On the night of Sept. 12, was stopping at Moses Degroff in Pineville. Heard the gun fire that night. It sounded like both barrels were fired at once. My brother Moses, A.J. Watkins, Henry Testerman and myself were together.
J.L. ELLIFF: Reside six miles north of Pineville in McDonald County. Am a school teacher by profession. Am acquainted with Garland Mann. I knew Dr. Chenoweth in his lifetime. On the night of Sept. 12, was in Pineville. About 8 o'clock while in my reading room my attention was attracted by the loud report of a gun in the north. In about fifteen minutes my attention was attracted by a noise coming down the road. Discovered it was someone crying and found out it was Charley Chenoweth. He went to Dr. Duval's and called for him. I went up the road and at the corner of Dr. Duval's Garden meet Charley Chenoweth who told me that someone had hurt his father. I ran up the road until I found the body of Dr. Chenoweth lying in the road. Than turned and went down the road toward the schoolhouse and met Curt Chenoweth, and Henderson Brunk. We then all went back to the body, where there was a large crowd. The body was soon carried to the Chenoweth residence where I stayed all night and next morning several of us returned to the scene of the killing. We found some wadding that had evidently been fired out of a gun, some bullet holes in the fence and the place where the man had stood who done the shooting, Messrs. Bacon, Duval and I searched but discovered nothing until about 250 yards north of Mr. Barr's. Where we discovered some tracks. We tried to trace them towards the schoolhouse. In DeCroff's fields we discovered some tracks of about a number 7 boot with tracks in the toes. In the road near the graveyard we found tracks going down the river. We trailed the tracks back to Cloud's, where we lost them. The shoes that made the tracks had had plates on them and were evidently the same as those I had seen before. Saw Garland Mann the evening that Chenoweth was killed. Did not see him again until the preliminary trial. At that time he had on shoes that were decidedly like those that made the tracks. They had heel plates on them. (At this time the shoes that the defendant had on at the preliminary trial were shown to the witness, who had said that the shoes in court might have made the tracks, but that they seemed a little small.)
CROSS EX. OF JOHN KIRBY: The prisoners in the Carthage jail were usually shut up at 6 o'clock, J.J. Irwin was jailer. He shut Mann and I in our cell together. I cannot say what time it was when Mann and I were talking, I was not in Pineville the night Dr. Chenoweth was killed, but was there when he was buried. Never talked to Henry Testerman about this case before I was taken to Carthage, nor heard what his testimony or that of any other witness would be. Did not talk with J.W. Brunk about the testimony at the preliminary trial. I was in town frequently, after the killing of Dr. Chenoweth, but did not hear what any of the witnesses would swear to. That is true. Never heard the evidence and didn't know anything about it. Did not state in my direct evidence that I had talked with John Mosier before and after the examination. Am acquainted with J.L. Barr. Did not have any talk with him about his case. He did not agree to defend me if I would swear to the confession of Mann. The first time I ever told of Mann's confession was in this courtroom. Dick Roberts brought me here. We stopped at the McElhany house. Did not tell the state's attorneys in this case anything about Mann's confession. Did not tell Sheriff Roberts about Mann offering me $65 to kill Chenoweth. Did not tell Sheriff Roberts that I was coming here to be a witness. Did not know what I was coming for. Did not talk with my brother about this case. Did not write a letter to Mr. Cole, telling him about a confession. Did tell the state's attorneys at the hotel after I came here. Told them that Garland Mann had told me that he killed Chenoweth. Told them that he told me he killed Chenoweth and didn't give a damn. That he was sitting on the platform at Clark's when Chenoweth drove past. That he went to Dillin's and got the gun which was near Dillin's barn, and then went up back Col. Barr's and the widow Bradley's until he came to the place where he hid himself, and waited until Dr. A.W. Chenoweth came along when he killed him. He then returned about the same route he came, put the gun close to where he found it and then went on home, struck a match and that it was 9 o'clock. He said he then went to bed, when Mann told me this we were all in cell no. 7. The last man discharged out of the cell leaving Mann and I alone was named Mitchel. Never told anyone about the confession until I told the attorneys at the McElhany house. Saw Mr. Lamson at Carthage but did not speak to him. Messrs, Barr and Lamson or no one else ever made a proposition to me to help me in my case if I would swear against Mann. Am under indictment for killing my brother-in-law, Godwin, on the streets of Pineville, on the 5th day of February '84. The killing was done about 10 o'clock in the forenoon.
J.C. SEABOURN: Am sheriff of McDonald County. Was at Garland Mann's house the evening after Dr. Chenoweths death and found a double-barreled shot gun and a breech leading rifle there. There was a great deal of grease on it but I couldn't tell how long it had been there. The gun was a 12 bore that would chamber three buckshot. There was no grease on the rifle. One barrel of the shot gun was loaded and the other was not. I took it up to Pineville with me and kept it for some time, and then gave it to Mr. Brunk.
JOHH R. SHIELDS: John Evans, N.J. Phillips, C.H. Miller, E.S. Lindsey and John T. Morrow, each, testified that they knew A.J. Testerman and that his reputation for truth and veracity, in the neighborhood where he lives, is bad.
A.J. WATKINS: Henry Testerman said to me one day while I was cutting wood and he was hauling that for $400 he would clear Garland Mann, which is cheaper that the damn lawyer could do it. Testerman's reputation for truth and veracity is bad.
J.M. WHITE: Know Black Tom Wilson. Remember his telling me at Pineville several years ago that "every dog has his day that Garland Mann had ruined him and that perhaps his time would come next." Know Henry Testerman. His general reputation for truth and veracity is bad.
AMON WATKINS: Am acquainted with Henry Testerman. Was working with him in a well at Mose DeGroff's place last fall. He told me then that for $200 he would not appear against Garland Mann, because he would hang him. That he wanted to go to Indiana anyway. Once when Garland Mann and myself were going to town together, he told me that Chenoweth would be killed some time and that he would probably be accused of the crime.
JESSE BONEBRAKE: Have known Garland Mann 12 or 14 years. Our farms join. Have known him intimately. Remember the killing of Dr. Chenoweth. On the night of Sept. 12, was binding blade fodder one mile and a quarter south of Pineville, on my son's farm. Quit work at 8 o'clock and went home. When I got home I got corn and fed my hogs. Just after I heard a big report of a gun in the direction of just north Pineville, which sounded like it was heavily loaded. I talked to the old woman about the report and started down about 100 yards to get a load of wood close to where the boys were making sorghum molasses, a little east of the house. There is a road running down the road close to the river, in 2 or 3 minutes after the gun was fired. The road is about 60 yards from where I was. Knew it was Garland Mann by his voice and walk. Know his walk because he is lame in one foot and puts one foot down harder than the other. Am used to Garland Mann's voice as I heard it every day as he went to town for his mail and came back. The next morning I went up the road to attend to my fodder and saw Mr. Mann's tracks as far up the road as I went. The shoes shown in court would make such a track. There were no other tracks in the road that morning. Can hear a church or school bell ring in Pineville at my house. Am 70 years old. My hearing is as good as ever it was. The tune that he was whistling was "Yankee Doodle."
SAMUEL SMITH: Live 5 miles from Pineville. Formerly lived on Garland Mann's farm. Know Robley Wills, lived on his farm in 1883. Last August Garland Mann came there. Said he was going above my place to sell a team of horses. Came there while we were eating dinner. Wills, Mann and myself went to the spring, where we stayed about an hour. When we left the spring went down toward the big road. Wills went on home and Mann and myself went into the house. Robley Willis told me at or near his farm that "Garland Mann had told him in my presence that he was going to kill Dr. Chenoweth if he did not quit talking about him," and he said, "you heard him Smith." I cannot remember of any such conversation taking place. If it had I would have remembered it.
J.W. BRUNK: Live in Pineville. Am an attorney. Know Henry Testerman. First knew him in 1877. Henry Testerman asked me in Pineville, MO, at the Lamance hotel, "What have you fellows done with Garland. Will he give any money for a witness." I told him I did not know. He then said that for $500 or $800, he would clear Garland Mann. That he was a convict and an outlaw and didn't care anyway. On the day of Garland Mann's arrest, I, in company with Sheriff Seabourn, went to Mann's house. Seabourn found a shotgun above the north door of Mann's house, and also a breech-loading rifle. The shotgun belonged to me. I took it there last July. I took Alf Kirby into my room at the Commercial hotel and told him that I understood that Old Abe Price had hired John, his brother, to swear Garland Mann's life away. I am attorney for Kirby. Told him that I wanted to see him and see what he knew about it. That in the excitement in McDonald County wanted to hang him and the other to give him a fair trial. That I had so far been able to control the men who want him to have a fair trial. That Chenoweth's friends were the other element, and were not disposed to prosecute Kirby, and that he had better let the matter alone. That I didn't think John would swear to a lie except to save his life, but that I heard that inducements of that kind or threats would compel him to. That if he did swear that way Benton and probably Cravens would he hired to prosecute him. I asked Kirby if he did not want to live on my farm that I thought he was a good hand, but did not say free of rent. This is the substance of what I said to Alf Kirby about the Mann case in my own room at the Commercial hotel.
JARRET WATKINS, SR.: Live about one mile from Pineville. Am 76 years old. Knew A.W. Chenoweth in his lifetime. Have known Garland Mann 8 years. He lives down the river below me. His nearest route to town when walking or on horseback was past my house, and he frequently went that way. He wears a 10 or 11 shoe. His foot makes a larger track than anyone that travels down the river and he wears heavy heel plates on his shoes. The shoes shown in court look like shoes I have seen him wear. The next morning after Dr. Chenoweth's death I went up the path towards town. Saw a track that, to the best of my judgement was made by Garland Mann. Followed it up to Pineville to Mr. Cloud's gate where I met H.F. Brunk. Brunk put his stick down and showed me the track I had seen in the road. We went on to town and every once in a while I saw the same track until we got to Clark's saloon. Henry Testerman's reputation for truth and veracity is bad. About five years ago, Mann and I were talking. He was pretty drunk, he said to me that Chenoweth had beat him out of his pension and that accused him of burning the town. That he didn't want to have any thing to do with him, but that if he ever crossed his path he would kill him. After he returned from Washington he said Chenoweth wasn't half as bad a man as he thought he was and that he had not beat him out of his pension.
MRS. GARLAND MANN: I am the wife of Garland Mann. Live about two and a half miles from Pineville. We have lived in McDonald County since 1868. We were married in Kentucky on the 16th of April 1868. Have six living children, the oldest is 14 years old and the youngest 3 weeks old. The day that Dr. Chenoweth was killed my husband was cutting corn until noon assisted by Will Mann, his nephew. After dinner he sat down outside of the door and played with the children for awhile and then went to the peach orchard and got some peaches. He went to town after the mail that evening. The next time that I saw him he came home and struck a match and looked at the clock and went to bed. I looked at the clock also. It was about 25 minutes after 8. Mr. Mann went to sleep soon after he came to bed. I did not go to sleep until after the clock struck 9. I did not know of the death of Dr. Chenoweth until noon next day. It was told to me by Mr. Mann, who learned it from a sewing machine agent named Knox, who Mr. Mann had brought up from the shop to dinner. I had a conversation with Wm. Jeffries at my house, after the killing of Dr. Chenoweth, in which he said, "It's a strange thing to me, that so often as I have seen Mann mad, I never heard him threaten Dr. Chenoweth."
HENDERSON BRUNK: Live at Pineville. Knew Dr. Chenoweth in his lifetime. Know Garland Mann. Saw him in front of Clark's business house the evening of Dr. Chenoweth's death. Talked to him about Dillin's return. He was in his usual good humor. Said to Mann "I believe I'll go home" and got up and started towards Walters store and stayed there a few minutes. I then went home and pulled off my boots and went to reading. Had perhaps been there half an hour or more when I heard a buggy pass by the house that I supposed to be Dr. Chenoweth's. It didn't seem to me that he could have gone a short distance over the bridge, when I heard the report of a gun. The reputation of Henry Testerman for truth and veracity is bad.
JOHN G. IRWIN: Reside at Carthage. Am deputy sheriff and jailer of Jasper County. Was deputy sheriff and jailer on Feb. 1, '84. Have been constantly in charge since that time, except one week in April. Am acquainted with Garland Mann and John Kirby, John Kirby was placed in my charge Feb. 8, '84. I have no record, but my recollection is that when they were first placed in jail they occupied cell No. 3 in company with other prisoners. Remember Beasly, who was there two or three days. I permitted Mann and Kirby to go to into cell No. 7 up stairs, in company with two other prisoners named Sory and Bruner. Garland Mann and Kirby were alone in a cell together a night or two on the list of March, '84. They were put in jail on Feb. 8. Don't remember that they were ever alone before. I believe I know Col. Barr of McDonald County. Don't think I have ever seen him since Mann's change of venue was granted. John Kirby started on Monday evening of this week for this place. I informed him that he was going to Neosho, which seemed to surprise and excite him considerably. He stepped up to the door and caught hold of the knob and appeared to be very nervous. He had not been complaining of being sick that I know of. The last man that was in the cell before Mann and Kirby were left alone was Bruner.
JOHN W. KNOX: Reside in Peirce City. Am a sewing machine agent. Know Garland Mann. On Sept. 12, I was at Saratoga Springs. On the morning of Sept. 13, went to the farm of Garland Mann. A gentleman told me of the death of Dr. Chenoweth, when I was about two miles from Mann's. I went to Mann's to see about selling him some notes that I was informed he would buy. Arrived there about 11 o'clock. He was working in a blacksmith shop when I arrived, and was repairing the spring seat of a lumber wagon. Sold him some notes that I had on some parties at Indian Springs for $30, and left another note with him for collection, taking his receipt therefor. Put up my team, had it fed, and ate dinner with him. After dinner we went to Pineville, going by the main road on the south side of the river. He paid me for the notes I had sold him when we reached town and I went on to Indian Springs. The next time I saw Mann was at the preliminary examination Pineville. Mr. Wm. Mann was in the blacksmith shop when I drove up.
G.W. WOODWARD: I live in McDonald County, 16 miles from Pineville. Was in Springfield last November. Ad. C. Mosier was there with me. Know Henry Testerman, who was also there. Heard a conversation between him and Mosier, in which he said that he had sworn against Garland Mann once, but that he would swear for him next time.
MRS. JOSIE GOODIN, RE-EXAMINATION: I know Henry Testerman. About the first of March 1884, he told me at the house of Frank Cloud that he would like to have a little of Garland Mann's money and that for $400 he would clear him. He said that while the lawyers were getting so damn much he might as well get a little of it. He said he wouldn't swear for anybody unless they paid him for it.
GARLAND MANN: I reside in McDonald County, two and a half miles from Pineville. I was arrested on the 13th of September, on a warrant charging me with killing Dr. Chenoweth. Was arrest at Pineville. The day before my arrest I was at my home before noon, cutting and shucking corn. Wm. Mann, my nephew was assisting me. After eating dinner I stayed around the house tow or three hours and then went to Pineville. I had not been to Pineville since the Saturday previous. I was arrested on Thursday. The evening of the 12th I ate supper in Pineville, at the Lamance Hotel. The reason I went there for supper that evening was that I saw Mr. Lamance going to the hotel with some venison. After supper I went to the Post Office. The mail came in while I was at supper. From the Post Office I went to Tom Clark's saloon. I saw A.J. Watkins, Butler Little, E.W. Edwards, Wroten Kenney, Ed. Brown and Henderson Brunk, to whom I talked a minute and then started on home. I wen by what is called the river by-path, or the graveyard road. Jarret Watkins, Cornelius Bonebrake, and Jess Bonebrake, live along the path traveled on my road home. I don't know exactly what time I started from Clark's place for home, but I think it was almost half past seven o'clock. I saw no one on the road home. I past within thirty feet of Cornelins Bonebrake house, and within seventy-five yards of Jess Bonebrake's Sorghums Mill. As I walked along the road to Mr. Bonebrake's, I was whistling. I heard the report of a gun as I was going along the cliff past Bonebrake's. I thought it was someone killing fish in the river and paid no attention to it. I was at the East End of the over hanging bluff when I heard the shot. When I got home I looked at the clock and then went to bed. It was about half past eight o'clock. The day I was arrested I got up tolerable early. We ate breakfast about 7 o'clock. After breakfast I went down to the blacksmith shop and went to working on some spring seats. Wm. S. Mann assisted me. We were fixing up the seats to get them ready to go to Vinita to the fair. I heard that Dr. Chenoweth was killed about 11 o'clock. Mr. Knox informed me of the fact. Mr. Knox and I ate dinner, got in his buggy and went with me to Pineville. While I was in town I was arrested. I never made Henry Testerman a proposition to kill or assist me to kill Dr. Chenoweth. I never told him in any place or at any time that I was going to kill Chenoweth and that I wanted him to help me. He and I were neither on very good or bad terms. I saw him but seldom. I didn't associate with him at all. Never on any occasion told Jack Testerman that I would kill Dr. Chenoweth and tie him to his horse's tail and let it drag him home. Never made any threats to A.J. Testerman or his brother Henry against the life of Dr. Chenoweth. Have seen Jack Testerman but seldom and never had but little business with him. Most of the dealings I ever had with him was selling him whisky, for which I never received any pay. Never told Black Tom Wilson that Dr. Chenoweth's time was short. Did not have any conversation with Robley Wills last July or August in which Dr. Chenoweth's name was mentioned. I never told Black Tom Wilson that I was going to kill Chenoweth and leave the country. Never made any threats against Dr. Chenoweth to old man Matney that I have any recollection of. The first cell that Kirby and I occupied together was cell No. 3, on the lower floor. We were in No. 3 one night and in No. 2, about two weeks, and were then moved up stairs to cell No. 7. Kirby and I were alone in our cell one or two nights, about two months after we were put in. Never did state to John Kirby or any other man that I killed Dr. Chenoweth or described how it was done. I didn't kill Dr. Chenoweth, nor do not know who did. I am lame in one of my legs. The day before I was arrested I wore the shoes shown in court. Made the heel plates myself. Wore the shoes to town the evening before I was arrested. I was wounded at the battle of Stone River, which caused my lameness.
CROSS-EXAMINATION OF WM. JEFFRIES: I know Mrs. Garland Mann. Did have a conversation with her at her house after the arrest of her husband. Don't recollect of telling Mrs. Mann that, "although I had seen Garland very mad that I had never heard him threaten Chenoweth in my life."
CORNELIUS BONEBRAKE: I live near Pineville, one mile below on the river and one-half mile below my father's. Know Garland Mann. The night Dr. Chenoweth was killed I heard someone pass by my house walking down the river. Father had been there at 8 o'clock. It was about half an hour after my father had gone that I heard some person walking down the road. The walk was a familiar walk, one foot striking the ground harder than the other. From the sound of the footsteps and my knowledge of Garland Mann's walk I believe it was him that passed down the road. Saw tracks made by a large shoe with heel plates, in the road next morning. Did not hear a gun fire that night.
The evidence was finished on the evening of the 2nd inst. The attorneys finished their pleads at 10 o'clock P.M. on the 3rd, and the case went to the jury on the morning of the fourth. At noon on the 5th they reported a hung jury—six for conviction and six for acquittal, and the jury was dismissed.
Albert was buried in the Pineville cemetery near his first wife, Thursey, as he had wished. His large monument bears his name, dates of his birth and death, and the inscription "Died a martyr to the cause of temperance and religion." Garland Mann is buried in the Neosho cemetary with a very large headstone.
As a sequel to this event the following notation was given me by my 3rd cousin, Shaunn Harris, who descends from Albert's sister, Clara May Brown: "Garland A. Mann, [who shot Dr. Albert], was later murdered by a McDonald County mob. Nobody ever found out who was included in this mob, but many years later my great grandmother spilled the beans to my mother, and if seems that half the family both on the Chenoweth and Hargrove side were involved." It appears that Dr. Albert and Garland Mann, both sadly misjudged their adversaries