State of Missouri vs. Charles Carter.--The history of this case as developed in the evidence at the trial is as follows: John Circle settled on a "claim" near the present village of Upton in 1839, and some time thereafter, Carter, the defendant, owned a claim near by Circle's. Carter sold this claim to Flavius Holder, then went to California, and afterward returned and began to cut timber on Circle's land. The latter remonstrated, and then a quarrel ensued, and both parties made threats. This occurred early in the year 1853. Carter made some rails on Circle's land, and sent his boys to haul them off. Circle and John W. McDole (who seems to have been in Circle's employ) caught the boys and threw the rails off the sled. The boys then went home, told their father, and he loaded his gun, and, taking his son, Christopher, who had an ax, went down to the timber. Thomas and William Pollock were at work near by, and Carter went to them and asked who had thrown off the rails. They said Circle and McDole. He (Carter) made some threats in their presence, and then went to the place where Circle and McDole were, which was in sight of the Pollocks, and began the fracas. Circle had lived on this land ever since he purchased the claim of Kilgore, had settled thereon in 1839, was sixty-two years of age and crippled. McDole was thirty years old. Both of these men had guns. Circle had borrowed his gun of John Upton, who lived in Van Buren County, Iowa, and McDole had L. Pollock's gun, also a pistol. Carter fired his gun at them, and the Pollocks saw him strike McDole on the head, and heard him tell his son Christopher to "hit him with the ax." In the struggle both Circle and McDole were killed with a knife. The latter was struck on the head with something, as it was found that his head was badly bruised, and it was claimed that Christopher Carter struck this blow with an ax.

After killing the men Carter broke their guns over a log and tree. Circle had a pistol which he called "John Bull," and after the murder was committed, this was found on the ground loaded. The murder took place on the 25th of February, 1853, within a mile of Upton, and about 150 yards from the Keosauqua road. Carter was arrested, and at the May term, 1853, of the Scotland Circuit Court, the grand jury found an indictment against him for the crime he had committed. He plead "not guilty," and asked for and obtained a change of venue to Knox County, where he was finally tried at the May term, 1855, of the circuit court of that county; was found guilty of manslaughter in the first degree, and sentenced to serve a nine years' term in the penitentiary. He was considered a dangerous man, and the people of his neighborhood had threatened to run him off before he committed this crime. At his trial, Judge Addison Reese presided, and he was prosecuted by John C. Anderson, the prosecuting attorney, and was defended by James Proc. Knott and Senator James S. Green.

State of Missouri vs. Christopher Carter.-- At the May term, 1855 of Scotland Circuit Court, an indictment was found against the defendant, Christopher Carter, for murder in the second degree, charging him with aiding and abetting his father, Charles Carter, in the killing of Circle and McDole.

The defendant was arrested, placed under a bond of $1000, conditioned for his attendance at court. On being arrainged for trail he plead "not guilty" as charged in the indictment, and then asked for a change in venue, which was granted, to the county of Schuyler. He gave bonds in the sum of $1000, conditioned for his appearance at the Schuyler Circuit Court, on the second Monday of October following. His surities were Jefferson Collins, Peter Doyle, and Charles Carter. The case was continued until the October term, 1856, when John C. Anderson, the prosecuting attorney, for reasons then given, refused to prosecute further for the State in this behalf, and the case was dismissed and the prisoner set at liberty.

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