THE TRIAL OF EDWARD D. WORRELL FOR THE

MURDER OF BASIL H. GORDON,

UNION, MISSOURI, 1857.

THE NARRATIVE.

Edward D. Worrell was the only child of Dr. Edward Worrell of Dover, Del., a college president. He was well educated and after practicing dentistry for a while had enlisted in the army and in 1855 was stationed at Fort Leavenworth, as a sergeant. He deserted in company with William H. Bruff of Macon, Ga., in the early part of January, 1856, and started east on horseback. While traveling through Warren County, Mo., they fell in with Basil H. Gordon, a civil engineer, who was assisting in locating the North Missouri Railroad. On this trip, however, Gordon had been out on the proposed line collecting money that had been subscribed as a bonus to the road. The three men slept the night of January 24, 1856, at a tavern in Warren County and there Worrell and Bruff learned that Gordon had a large amount of money with him. The next day it snowed hard. As Gordon did not return to the railroad offices at St. Louis, the president of the road sent a searching party to hunt for him. They soon learned that the three men had left the tavern together on the morning of January 25, and that Worrell some time. afterwards was seen to come out of a hazel thicket a short distance from the tavern, riding a horse and leading another, which satisfied his friends that Gordon had been murdered in the thicket.

Several days were spent searching for the body and the party had begun to despair of finding it when one of the searchers noticed a small dog scratching in the snow, and

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going to the place, found blood all over the snow, which continued to a ravine about fifteen feet from the road. Here they found Gordon's body, covered with brush and snow, a hole through the head as if made by a large pistol ball; his pockets turned inside out and his watch and all his money gone.

Worrell had been seen in St. Charles leading a horse which resembled Gordon's, and from there he went to St. Louis, remaining there three days and going to the theater each night. From there he traveled on horseback to Vincennes, Ind.

A published description of the deserter from Fort Leavenworth corresponded with that of the man who was seen with the horse in St. Charles, and the chief of police of St. Louis, Captain J. D. Couzins, started for Vincennes in pursuit of him and there learned that he had sold Gordon's horse and other articles belonging to the murdered man to the proprietor of a hotel in that place.

From this point, all trace of the murderer was lost for several days, but Captain Couzins finally traced him to Baltimore and from there to Dover, Del., where his parents resided. Captain Couzins saw him on the streets during the daytime, but feared that he would be taken from him by force by his friends. So he waited until after midnight and then arrested him in bed at a hotel, gagged him so that he could not give an alarm and took him twelve miles on a hand car, where he caught a train for the West. On a chair near Worrell's bed the saddlebags were found and in his pocket Gordon's watch. Bruff was taken into custody about the same time at his home in Macon, Ga.

Both Worrell and Bruff were indicted for the murder of Gordon in Warren County, Mo., in May, 1856, but the case was removed to the town of Union in Franklin County, and in January, 1857, a few days less than a year after the tragedy, the trial of Worrell was begun. After a hearing which lasted two weeks, the jury declared him guilty and he was hanged in June, 1857, his counsel having made a fruitless appeal to the Supreme Court.

THE TRIAL.1

In the Circuit Court of Franklin County, Union, Missouri, January, 1857.

HON. JOHN H. STONE, Judge.

Edward D. Worrell had at the May Term, 1856, of the Circuit Court of Warren County been indicted jointly with William H. Bruff for the murder of Basil H. Gordon. On

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1 Bibliography. "The Law of Circumstantial Evidence and of Insanity. A Report in full of the trial of Edward D. Worrell, indicted for the murder of Basil H. Gorden, held at the court house in Union, Franklin County, Missouri, January 19, 1857. Reported by John Delafield, Esq., St. Louis, Mo. M. Niedner, Publisher. St. Louis, Mo., 1857."

2 STONE, JOHN H. A native of Tennessee, but was educated near Georgetown, Ky., to which place his parents had removed; was not a college graduate, but read Latin with facility and had a knowledge of Greek. Was a student at the Law School at Lexington; came to Missouri in 1836 and settled at Fulton, Callaway Co., where he practiced law until appointed Judge of the 9th Judicial Circuit in 1843, residing at Potosi. "He remained on the bench until some time in the early part of the war when he fell a victim to that turbulent spirit which reigned throughout the State.... He was arrested upon a charge of disloyalty and thrown into the Gratiot St. prison, at St. Louis. The real motive was to prevent him holding court in one or two counties in which large amounts of property were advertised to be sold under execution. . . . His friends obtained his release; he went back to Callaway County and finally settled at St. Charles. The effect

of the war and the personal ill treatment to which he was subjected harried him rapidly to the grave. He must have died shortly after the close of the war. A more upright, conscientious and honest man never lived." Bay (W. V. N.), "Bench and Bar of Mo.," p. 373.

2 The Grand Jurors for the State of Missouri empanelled, sworn, and charged to enquire in, and for the body of the County of Warren, on their oaths present that Edward D. Worrell and William H. Bruff, on the twenty-fifth day of January, in the year of our Lord one thousand eight hundred and fifty-six, at the County of Warren, aforesaid, with force and arms in and upon one Basil H. Gordon, then and there feloniously, wilfully, deliberately, premeditatedly and of their malice aforethought, did make an assault, and that the said Edward D. Worrell, a certain pistol there and then charged with gunpowder and a leaden bullet, which said pistol he, the said Edward D. Worrell, in his right hand then and there

May 6 they had appealed to that court for a change of venue on the ground that the "inhabitants of this entire judicial circuit are so prejudiced against these defendants that a fair trial cannot be had in the same," which application was granted and the indictments transferred to the Franklin Circuit Court and the prisoners delivered to the sheriff of Franklin County, and at the September term of the Franklin Circuit Court the case was continued to a special term of the court to be held in January, 1857.

had and held at and against the said Basil H. Gordon, then and there feloniously, wilfully, deliberately and premeditatedly, and of his malice aforethought did shoot off and discharge, and that the said Edward D. Worrell, with the leaden bullet aforesaid, by means of shooting off and discharging the said pistol so loaded, to, at and against the said Basil H. Gordon as aforesaid did, then and there feloniously, wilfully, deliberately, premeditatedly, and of his malice aforethought, strike, penetrate and wound the said Basil H. Gordon, in and upon the back part of the head of him, the said Basil H. Gordon, giving to him the said Basil H. Gordon then and there with the leaden bullet aforesaid, by means of shooting off and discharging the said pistol so loaded to, at and against the said Basil H. Gordon, and by said striking, penetrating and wounding the said Basil H. Gordon as aforesaid, one mortal wound of the breadth of one inch and depth of six inches, in and through the head of him, the said Basil H. Gordon, of which said mortal wound the said Basil H. Gordon did then and there instantly die; and that the said William H. Bruff then and there feloniously, wilfully, deliberately, premeditatedly, and of his malice aforethought, was present, aiding, helping, abetting, comforting, assisting and maintaining the said Edward D. Worrell, the felony and murder aforesaid in manner and form aforesaid to do and commit-and so the jurors aforesaid, upon their oaths aforesaid do say that the said Edward D. Worrell and William H. Bruff, him, the said Basil H. Gordon, then and there in manner aforesaid, feloniously, wilfully, deliberately, premeditatedly, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. And the jurors aforesaid, on their oaths aforesaid, do further present that William H. Bruff and Edward D. Worrell, afterwards, to-wit: on the twentyfifth day of January, in the year of our Lord one thousand eight hundred and fifty-six, at the County of Warren, and State aforesaid, with force and arms in and upon one Basil H. Gordon, then and there being, feloniously, wilfully, deliberately, premeditatedly, and of their malice aforethought, did make an assault, and that the said William H. Bruff, a certain pistol then and there charged with gunpowder and a leaden bullet, which said pistol he, the said William H. Bruff, in his right hand then and there had and held at

January 19.

Today the special term of the court opened for the trial of Edward D. Worrell, a severance of the prisoners jointly indicted having been heretofore granted. The prisoner was brought into court attended by his father and mother, and being called upon and the indictment being read to him, pleaded not guilty.

D. Q. Gale, Circuit Attorney; John D. Coalter and W. V. N. Bay, for the State.

Uriel Wright,' for the Prisoner.

and against the said Basil H. Gordon, then and there feloniously, wilfully, deliberately, and premeditatedly, and of his malice aforethought, did shoot off and discharge, and that the said William H. Bruff, with the leaden bullet aforesaid by means of shooting off and discharging the said pistol so loaded, to, at and against the said Basil H. Gordon as aforesaid, did then and there, feloniously, wilfully, deliberately, premeditatedly and of his malice aforethought, strike, penetrate and wound the said Basil H. Gordon in and upon the back part of the head of him, the said Basil H. Gordon, giving to him, the said Basil H. Gordon, then and there with the leaden bullet aforesaid, by means of shooting off and discharging the said pistol so loaded, to, at, and against the said Basil H. Gordon, and by such striking, penetration and wounding the said Basil H. Gordon, aforesaid, one mortal wound of the breadth of one inch and depth of six inches, in and through the head of him, the said Basil H. Gordon, of which said mortal wound the said Basil H. Gordon did then and there instantly die, and that the said Edward D. Worrell then and there feloniously, wilfully, deliberately, premeditatedly, and of his malice aforethought, was present aiding, helping, abetting, comforting, assisting and maintaining the said William H. Bruff the felony and murder aforesaid in manner and form aforesaid to do and commit. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said William H. Bruff and Edward D. Worrell, him, the said Basil H. Gordon, then and there in manner and form aforesaid, feloniously, wilfully, deliberately, premeditatedly, and of their malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State.

GALE, DANIEL QUINCY. (1807-1894.) Born Amesburg, Mass.; settled in Washington, Franklin Co., Mo., in 1837, and followed the trade of a carpenter and builder for some time; built the first brick house in Washington, was its Postmaster, 1838-1857, and Town Trustee, 1841-1876; Presiding Judge, County Court, 18401847; Circuit Attorney, 1850-1865, 1867-1869; Circuit Judge, 18691875; died in Washington, Mo.