Marion Co TOC

My memory is that it was in the year 1846 that an incident occurred in Marion county that I will now relate. It was known as the Tutt and Evert war. They were once fast friends. They met in Yellville, the county seat, and while there one of the Everts purchased a set of silver spoons at the store of one of the Tutts. Afterwards a misunderstanding grew up between them as to the payment for the spoons, which led them into a fight. Afterwards, which was often, when they would meet in Yellville, they would hardly ever get away without some fighting taking place between the parties. There was a large gathering and a public demonstration to take place within a few weeks. The Tutts declared, backed by the Kings, that if the Everts came into town that day they would kill them outright. Both parties came in early in the day, heavily armed. After coming under the influence of intoxicants to some extent, Evert went into the public square and stated what he had heard from the Tutts, and said that if they, the Tutts and Kings, were ready for the conflict, there never was a better time than then, and that they, the Everts, were fully ready. Both parties, in short range, opened fire. One of the Kings shot Simm Evert during the fight, supposed to be through the heart. One of the Kings, just previous to shooting of Evert, had been shot through the hips and so disabled that he could not stand upon his feet. After Simm Evert had received the wound, he turned around, and, within a few steps of the wounded King, piked up a large stone, raised it in both hands, and, stepping up to King, came down on King's head with the stone with all the force possible, completing crashing King's head. Then, turning around and walking about three steps, he remarked, "I am a dead man," and fell to the ground and expired within a few minutes. When the smoked cleared away and the fighting ceased, an examination showed that there were eight or ten left dead on the ground. The stoutest men afterwards went to the stone, but there wasn't one of them that could raise it from the ground. The surviving Kings made arrangements and attempted to leave the country. At that time the sheriff of the county was a man by the name of Mooney. A writ was placed in his hands and he arrested them. Shortly after the arrest, the Everts and their friends came upon the sheriff and his posse and demanded the prisoners. The sheriff gave them up, and they were all shot. The sheriff then appealed to the governor for aid; he sent the militia, who aided the sheriff in the arrest of the Everts, a man by the name of Stratton, and some others of their friends. The governor ordered them to be taken to Lawrence county and placed in the Lawrence county jail at Smithville, the county seat of that county. I saw the militia in charge of the prisoners pass my father's house on their way to Smithville.

In about ten days after they were put in prison, late one evening, strange men commenced dropping into the town, who were unknown to the citizens, until they reached to about the number of sixty-five. Somewhere near midnight they paraded the streets, and the jail being a log jail, they prepared levers and pried it up and let the prisoners all out, and they all left together, Evert, Stratton, and their friends proceeding directly to Texas. After their families had reached them and everything had quieted down, they sent in and notified Hamp Tutt, whom they charged with being the inciter and leader in bringing on the original trouble, that if he would "hull out" and leave the state they would not kill him. Tutt was a man of considerable wealth and declared he would not leave the state. He at once hired a young doctor, who claimed to be a very brave man, to act as his body guard, and kept himself very close to the town for about the space of two years. One day, however, he declared that he was going to take a ride out on the main public road for his health. He, in company with the young doctor, then rode out about one mile. On returning, not more than a quarter of a mile from the town, after they had passed the place where they were concealed, they, (the Everts) discharged a volley. Two balls entered the back of Tutt, and his horse made a few leaps when he fell to the ground. The young doctor ran for dear life, reached the town, and gave the alarm. Parties immediately went out to the place, but found that Tutt was dead. On examining the place where the parties had lain in ambush, they found that they had lain there for months watching for the opportunity. So ended the Tutt and Evert war.