William Kelly was born in 1841 in Cass Township, Greene County, Missouri. He worked as a farmer with his father, and joined the 8th Missouri Infantry. The Regiment, formerly General R.M.T Hunter’s 2nd Regiment, was organized in September, 1862. The unit served in General Parson’s Brigade, Trans-Mississippi Department, and fought at Cane Hill, Prairie Grove, and Helena.1 Joseph B. Munsey, a resident of Barry County, Missouri, claimed a company of men came to his home in November 1861. They demanded Munsey turn over several of his horses, which he did in fear of his life. Munsey recognized Kelly among the men, and asked if he could stop the theft. According to Kelly he said he could not. As the men left Munsey’s home with his horses they tipped over his beehive. After the war ended, Munsey filed suit against Kelly for the damages the men caused.

The petition was officially submitted in 1866, and Kelly was arrested later that year. He was eventually released on bail until the trial, which began on February 1, 1867 in Barry County.2 Kelly asked for a change of venue to Greene County, rather than have the trial be held in Barry County. Kelly’s request was granted and the case was transferred to the 14th Judicial Circuit Court in Greene County.

When the trial began several witnesses testified that Kelly was part of the men who visited Munsey’s property in 1861 and had stolen several of his horses. Jacob Miller a hired hand on the Munsey estate, testified, “the Company of men come there, Some had Guns. Some were not armed. Some Got down. and some sit on their horses. I was 30, or, 40 yards from the house. when they first rode up. I dont think they were there over one half of an hour.”3

Kelly introduced several witnesses who contradicted Munsey’s witnesses and testified that Kelly was not with the company of soldiers who harassed Mr. Munsey. Jack Walling testified on behalf of Kelly stating:

On the day Muncies horses were taken I was Going up the creek and met the Company, and they haulted me. and when they rode up they told me I was their Prisoner. and Sent me back to the rear. where I was Guarded. by some of the men. I Knew the Defendant. if Kelly was with the men I met. I did not see him. nor did I see him on the way back to Munices. After they had haulted at Muncies. I was setting on my horse. in the road. and had been there about 5 or 10 minutes. when Kelley come up from behind like but yet he come in on another road. he did not get off of his horse he remained there perhaps 15 minutes and then rode off. down the road. Saying he was Going to hunt a Steer. horses of Muncy. was taken before Kelly rode up
State of Missouri vs William J. Kelly, 1866-1869

Witnesses on Kelly’s behalf began to unravel Munsey’s story about who had taken his horses. Several witnesses testified that the general character of Joseph B. Munsey was bad and he was known as being untruthful in the neighborhood.4 In spite of all the testimony that supported Kelly’s claim of innocence, the jury returned a guilty verdict and sentenced Kelly to five years of imprisonment in the penitentiary.

Kelly refused to accept the verdict and filed for a new trial sighting that the “Court Erred in admitting improper testimony on the Part of the State: Because the court Erred in Giving instructions asked by the State: Because the court Erred in refusing instructions asked by the Defendant. Because the verdict of the Jury. is contrary to the Evidence.”5 Kelly’s motion was overruled. This court cases embodies the violence and depredations taking places throughout the Ozarks, and documents how the Civil War turned acquaintances against one another.

Contributed by the Greene County Archives and Records Center

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1. Confederate Missouri Troops, National Parks Service: Civil War Soliders and Sailors System, http://www.itd.nps.gov/cwss/regiments.cfm
2. State of Missouri vs William J. Kelly, 1866-1869. CW 45, Greene County Archives and Records Center, Springfield, Missouri. Part 1, pg 4
3. State of Missouri vs William J. Kelly, 1866-1869. CW 45, Greene County Archives and Records Center, Springfield, Missouri.
4. State of Missouri vs William J. Kelly, 1866-1869. CW 45, Greene County Archives and Records Center, Springfield, Missouri.
5. State of Missouri vs William J. Kelly, 1866-1869. CW 45, Greene County Archives and Records Center, Springfield, Missouri.