Friday, 20 Feb 1914--JOE LAMBERT DEAD--Joe Lambert died at 11 o'clock Monday night at the residence of Felix Vanelist in Elliott. He was 69 years of age and is survived by four children--Mrs. Geo. Cox and Ferdinand Lambert, of Mystic, Ia; Theodore and Herman Lambert, of Woodward, Ia. Mr. Lambert was an upright and industrious citizen, a kind father and a true friend. He belonged to the miners' union. The funeral will be conducted by Rev. Sanborn, in Elliott, at 8 o'clock Wednesday morning. The remains will be brought to Moberly at 9:30 for interment in Oakland cemetery--Moberly Democrat. Friday, 20 Feb 1914--AN INTERESTING LAWSUIT--"Clod Hopper" Clean Up on Oak Hunter and Wins Own Case--A law suit of more than usual interest from the fact that the plaintiff, a stranger, plead his own case, was pulled off in Justice Elgin's court in the city hall Monday afternoon, and all those who missed it missed one of the most interesting events in the history of Higbee courts. The suit was brought by John Conner, a tenant on the farm of John Whitmore just west of town, and was for $250 for breach of contract. To begin at the beginning, Mr. Whitmore some time ago advertised in a farm journal for a tenant and the ad was answered by Mr. Conner and a correspondence between them began which ended in Mr. Whitmore sending Mr. Conner a contract to sign, which he did, and soon followed it up with his family, landing here about Dec 31st last. Along toward the latter part of the month or the first of the present one they had a misunderstanding when Mr. Whitmore, as he expressed it, "sought legal advice," with the result that Mr. Conner was served with a notice to vacate. He not only refused to do so, but claimed that Mr. Whitmore had broken the contract in half a dozen places, brought suit for damages in the amount stated above. The case was set for Monday and bright and early Messrs. Oak Hunter and Arthur Chamier, two of Moberly's coming lawyers, were on hand to do battle for Mr. Whitmore. One of them intended going on to Roanoke to see some clients who had cases in the circuit court, but not being able to get a train and it being too cold to drive, Mr. Chamier returned to Moberly and left Hunter to hold the fort by himself. Had he realized what an interesting case it was going to be he no doubt would have remained, and we believe he would have thoroughly enjoyed the licking the "clod hopper," as Mr. Conner styled himself, gave his firm. Many who went to the hall out of curiosity to hear a man plead his own case expected Conner to be eaten up and to hear in his pleading a rambling and disjointed harangue. Imagine the surprise of all, then, when Conner, as cool as a cucumber, handled witnesses like an old hand at the business, never lost an opportunity to put the witness in the nine hole by an embarrassing question, never forgot anything, and went through Hunter's objections like water through a sieve. Many who had dropped in for a minute, expecting Conner to make a fool of himself, made arrangements to stay all night, if necessary, in order to hear him make his address to the jury, as all realized that there would be something doing and that he would spread himself. And he sure did. It was one of the most eloquent and forceful arguments we ever heard presented to a jury, and for oratory we are ready to back Conner against any man in the county, as we believe all are who heard the case. Conner claimed that he had been induced to sign the contract through fraudulent representations in that the house he was to occupy was "warm, comfortable and cozy," and he proved by a negro who had occupied the place that it was hardly habitable. The roof leaked, the floor was of oak boards with cracks between them and the doors and windows were such only in name, so far as keeping the cold out was concerned. He claimed that Mr. Whitmore said he would fix the house and dig a well at once, while the latter claimed he promised to do it as soon as he could get around to it. He patched the roof with pitch or tar. It was also agreed in the contract that plaintiff could work for others when defendant did not need him, and the former claimed that this provision, also had been broken, inasmuch as defendant, when plaintiff had worked a day or so for O. B. Harbert, asked the latter not to give him employment. Mr. Whitmore and wife both testified that on two or three occasions plaintiff had refused to work when he was wanted, and that besides working for Mr. Harbert he had worked for Joe Lay. Conner put Lay on the stand and proved by him that the work he had done was in exchange for work he had helped Conner do when working for defendant. The contract also stipulated that after it was signed by each party it was to be deposited in the Citizens Bank and not to be taken out again save in the presence of both interested parties. Conner charged, and proved by defendant, that the latter had gone to the bank and asked for the contract and had sat down and made a copy of it. this, plaintiff claimed was a direct violation of the agreement, and stated that the banker had informed him that had he known of this provision of the instrument, neither party could have seen it except both were present. Mr. Conner during the course of the trail had quite a bit of fun at the expense of Mr. Whitmore by referring to him as a "scientific" farmer and stating that he insisted on following him (Conner) to every task he assigned him, and that while he didn 't particularly object, he wasn't exactly struck on Mr. Whitmore's company. Owing to the fact that Mr. Whitmore insisted on accompanying him, and was afraid to get out only in pleasant weather for fear of a hemorrhage, he got to work but a few days in January and that his wages from Mr. Whitmore in that month amounted to only $7.50. The point told when he asked the jury how far that would go in keeping a wife and five children. another thing that counted for Conner with the crowd, if not with the jury, was his claim that having no cow himself, Mr. Whitmore had promised to pay his milk bill (he having to have it for his baby) and then refusing to do so, and of letting a cow go dry rather than let himself and family have the milk. In arguing his case before the jury, he elaborated on all of Mr. Whitmore's alleged breaches of contract and proceeded to take his hide off in chunks, smiling most of the time, but talking with an earnestness that carried conviction. The jury was composed of the following: Wm. Warford, John Hudson, Ed Sweeney, Frank Miller, Sid Haden and W. Hall Bagby. A few minutes after the case had been given to the jury Mr. Bagby was taken violently ill and had to be taken to Dinwiddie & Burkhalter's drug store. As he was too sick to think of resuming his place on the jury it was mutually agreed by the parties at issue that the matter be left to the five. They were not very long reaching a verdict, evidently on the first ballot, and awarded Mr. Conner the full amount asked for. At the conclusion of the arguments and as the crowd filed out of the hall, Mr. Hunter realizing that he had met a foe worthy of his steel and that his case was probably dough, warmly congratulated Mr. Conner on his handling of the case and especially on his address to the jury and informed him that it looked to him like they ought to hang out his shingle as an attorney while he, Hunter, took a course in sprout cutting. They tell it on Oak that when he heard Conner was to plead his own case he went to the latter and told him that if there was anything in the procedures that he wanted to know about, such as to his rights to objecting, examining and cross examining witnesses, etc, to let him know and that he would take great pleasure in giving him a lift. Conner thanking him very profusely and gratefully, which made the surprise all the more startling to Oak when he took to the proceedings like duck to water and addressed the jury like he followed it for a living. Conner brought down the house when, in complimenting Hunter on handling of the case he stated that the latter had not quoted one particle of law for any of his contentions and had introduced no evidence. There was another titter, too, when Conner spoke in highest praise of Hunter's speech to the jury, referring to him as "the other lawyer," And from the way Oak joined in the laugh we believe he thought the same, also. Among the interested spectators at the trial was one, A. D. Hess, who approached Mr. Conner when the latter had left the court room and informed him that he, too, had several letters from Mr. Whitmore and that in answer to the same he had come from Parker, Kansas, to work for him and that his household goods were stored at the depot, and had been there for several days. A comparison of the letters showed that they were almost identically the same with the exception that a former tenant, presumably Mr. Conner, was represented as having bought a farm and moved away. After comparing notes it was decided that Hess should also bring suit against Mr. Whitmore for damages, in case he could not be persuaded to pay without one, and Conner agreed to take the case. The next day Mr. Whitmore took the train for Moberly and asked Mr. Hunter to come down and make the best settlement he could with the two gentlemen, and Oak, was on hand bright and early the next morning, when a satisfactory settlement to all parties was affected. Mr. Conner, we learn, accepted something less than the jury had awarded him, while Mr. Hess had his expenses paid both to and from Higbee as well as his bill at the Randolph Hotel for about a week and return freight charges on his household effects. As a result of his experience, including attorney fees, we suspect that Mr. Whitmore is out something between $300 and $400. Under the terms of the settlement we learn that Conner agreed to vacate Mr. Whitmore's house today. He will move to the Cubbage neighborhood, where he has secured employment. Mr. Hess, we learn, will go to Chariton county, where he has relatives and where his wife is visiting. Mr. Hunter will be down again today to make arrangements for paying the costs, have the Conner judgment dismissed, etc. We understand that Oak's Moberly friends are disposed to have a great deal of fun at his expense over the affair, but they shouldn't be too hard on him, for it is the opinion of all who heard the trail that he was simply up against it from the word go, and had the supreme court judges lines up against Conner they couldn't have beaten him under the circumstances. Whatever the law in such cases may be, he seemed to have right and justice on his side, and he certainly had the sympathy of the crowd, which those disposed to "josh" Oak will have to acknowledge are mighty hard things to go up against. Mr. Chamier, we learn, was dumbfounded when his partner returned and informed him that they had had it hung on them and was for taking an appeal, as was Oak, who says there was no doubt of their winning out in the circuit court where a rigid construction of the law would have been applied. Thinking that it was Mr. Whitmore's wish that they should take such action, they were busy the next day preparing papers looking to that end, when their client came in and would not hear to it. He had had all the suits he wanted and all he asked of them was to get him loose from Conner and Hess at the earliest possible moment. This was probably a wise action on the part of Mr. Whitmore, as fighting the cases would probably have cost him more in the long run. Friday, 20 Feb 1914--JOHN H. BOTTS DEAD--John H. Botts, whose serious illness was noted in our last issue, died at the home of his son-in-law, May W. Spurling, in Higbee, at 7:00 p.m. Friday, February 13, 1914, after an illness of three or four days of congestion of the brain. Up to the first of the week he was in his usual health and on the Monday preceding his death accompanied his daughter, Mrs. Clarence Neal, who returned to her home in Oklahoma, to the depot to tell her good bye. Mr. Botts was born in Kentucky on June 5, 1845, and was therefore in his 69th year. He came to this state with his parents in 1848, locating near Higbee. In 1866 he was married to a Miss Rader of Boone county, who died a few years later. They were the parents of one daughter, Miss Alma, who resides in Columbia. In 1876 he was married to Miss Alice Terrill, a daughter of the late Wm. Terrill of this vicinity, and who died some fifteen years or more ago. They were the parents of three children, who survive, viz: Mrs. May W. Spurling, of this place and Mmes. Oma Rowand and Clarence Neal of Bartlesville, Ok. Mr. Botts is also survived by a brother, W. T. Botts, of Moberly. In point of residence, Mr. Botts was perhaps our oldest citizen, having resided here almost since the organization of the town. He was a very quiet and unassuming gentleman, a man who attended strictly to his own affairs, and never said aught of harm of any one. He had been a member of the Baptist church for years, and when he was able was generally at all of its services. Funeral services were held Sunday at the church by Rev. N. B. Green, a former pastor, and the large assemblage of friends and neighbors showed the esteem in which the deceased was held. Interment was made in the family burying ground on the old Botts farm just west of town. Friday, 20 Feb 1914--Mrs. H. C. Thorpe of near Armstrong attended the funeral of her brother-in-law, J. H. Botts, here Sunday. Friday, 20 Feb 1914--Lee Hairl, while at work in the Walton mine Thursday of last week, got a couple of toes broken by a falling rock and will be kept from work for some time. Friday, 20 Feb 1914--Wm. Jones and wife of Bevier, each 32 years of age, and who have been married twelve years are the parents of eleven children, the last one arriving on the 15th. Friday, 20 Feb 1914--We printed bill s this week for Frank Sumpter, who will sell a lot of personal property at his farm near Fairview church on the 24th, a list of which can be seen elsewhere. Mr. Sumpter and family will move to Canada, and will leave early in April. They will be accompanied by W. W. Andrews and family of near Armstrong, who will also locate there. Friday, 20 Feb 1914--A SAD DEATH--One of the saddest deaths that has occurred here in a long time was that of Mrs. Bert Wheeler who died about noon from pernicious anemia following the birth of a still-born child. Mrs. Wheeler was a daughter of W. A. Lyon of southeast of town and had been married but about a year. At the time of going to press no funeral arrangements had been made. A more extended notice will be given next week. Friday, 20 Feb 1914--Jas. W. Marshall has a bad right eye, the result of his baby son giving him an upper cut in it. It has been Mr. Marshall's habit on going home to place the little fellow on his knee and have the little fellow hit at his face. Monday the little fellow began operations before his daddy was ready for him. After suffering an hour or so and keeping a hot cloth to his eye, Mr. Marshall finally had to go to a physician, for relief. He thinks the youngster scratched the eyeball with his nails. Friday, 20 Feb 1914--The whole town and community seems to have gone nutty over roller skating. The rink is crowded every hour it is open and during the evening many are seen here from neighboring towns. (Kathy's notes: There was an earlier reference to this rink when it was first setting up, and they stated that it was inside of a tent. At the time, I thought they were referring to an ice skating rink) Friday, 20 Feb 1914--Riley Land is the happiest small boy we know of, his father having given him a 16-gauge Winchester. Riley is contemplating a great slaughter of game when he moves to the farm and has promised us the first brace of birds. Kathy Bowlin Additions, corrections, comments welcome.