Anderson Phillips Arrest for Public Indecency
The State of Missouri
Vs
Anderson Phillips & Joseph Harper
Arrest for an act of Publick Indecency grossly Scandalous in the Presence of Various Persons
A. J. Carter a witness on the part of State being produced sworn and examined says that I saw them in the town of Cassville Anderson Philips and Joseph Harper on the 17th day of February 1861 that being Sunday. I saw them between Mason and Burton’s Store. I saw the horse on the mare. I told them to behave themselves and leave. Then one of them said to the horse do it as much as you please. It was Anderson Philips made this statement. Defendant had charge of the horses. The horse served the mare once that I saw. Neither of the defendants used any means to prevent the horse from serving the mare. It was in a public place and in site of several dwelling houses. All of these (? ) took place in Barry County in the State of Missouri.
Cross Examination (A. J. Carter)
The horse was on the mare when I first saw them. The saddles was on. Anderson Phiulips said the saddles was in the way. I was about 40 or 45 steps from the defendants.
C. D. McDowell a witness on part of the State being introduced sworn and examined says I saw Anderson Philips and Joseph Harper in the town of Casseville in Barry County the State of Missouri on the 17th day of February 1861. I think it was on the sidewalk between Masons and Burton’s Store. They had two horses (?) one was a horse. I don’t know whether they assisted the horse in covering the mare or not. I saw him cover her twice. I don’t know whether they were there when the horse commenced to cover but they were there before he got through. The first time I don’t think they used any means to prevent the action from the time the horse covered the first time to the second. The defendants were standing by. They was there when he covered her the second time. The defendants had them the horses in (?).
Cross Examination (C. D. McDowell)
I was in a place where I could see the horses all the time. I did not see them take the horses apart or let them together. One of them stepped up on the platform before the door of Burton’s Store.
D. P. Pharis a witness on the part of the defendant being produced sworn and (?) says Anderson Philips and Joseph Harper was at his and Burtons Store on the 17th day of February 1861. One horse between the stores and the other between the platforms of the stores. They were both loose I heard the horse squeal and come to the door, and Joseph Harper take hold of the rope or bridal and pulled him away and said to Philips to come on and lets go home. Mr. Harper told Philips (?) get upon his horse and I will hand you up the things. At the time I heard the horse squeal Mr. Philips was in the house and went to the door with me or stayed in the house.
State of Missouri
County of Barry
Be it remembered that on the 18th day of February 1861, Anderson Philips of the County of Barry and John F. Hudson, John M. Smith and L. D. McFarland personally came before me Joel Sipes a Justice of the Peace within and for said County and acknowledged themselves to owe to the State of Missouri that is to say Anderson Phillips the sum of one hundred dollars and the said John F. Hudson, John Smith and Joseph McFarland each the sum of one hundred dollars to be leveyed of the goods and chattels lands and tenements if the said Anderson Phillips shall fail in the condition under written.
The condition of this recognizance is such that if the above named Anderson Phillips shall personally appear at the Circuit Court on the first day of next term thereof to be holden for the County of Barry on the 11th day of March next then and there to answer an indictment to be preferred to the Grand Jury against the said Anderson Phillips for an open and notorious act of public indecency grossly scandalous by him and then letting a stallion in the town of Cassville in the presence of divers persons cover and serve a mare whereof he stands charged and shall not depart the same without leave of the said Court then this recognizance to be void otherwise to be void otherwise remain in full force.
Taken and certified the day and year last aforesaid Joel Sipes JP
Signed, A Philips
John F. Hudson
John N. Smith
L. D. McFarland
