Late Fall – On Mar. 11, 1883 the N.Y. Times, p.4 ran an article, “Judge Clemens” and attributed it from “Communication to the St. Louis Missouri Republican.” The article described John Marshall Clemens as a “stern unbending man of splendid common-sense, and was, indeed, the autocrat of the little dingy room on Bird-street, where he held his court” [as Justice of the Peace]. An excerpt:
Late in the Fall of 1843 the case of Allen B. McDonald against Jacob Smith was on trial. Judge Clemens was presiding with his usual dignity, and the court-room was filled with witnesses and friends of the parties to the suit. The Hon. R.F. Lakenan, still living and in political life, represented the plaintiff, and old “Horse” Allen, now dead, was counsel for defendant. Frank Snyder, a peaceable citizen, had given his testimony in favor of defendant Smith, and resumed his seat, when McDonald, with an exasperating air, made a face at him. As quick as thought Snyder whipped out an old pepper-box revolver and emptied every barrel at McDonald, slightly grazing Mc’s head with one shot, hurting no one else, but filling the room with smoke and consternation. In the confusion that followed, Judge Clemens, doubtless remembering McDonald’s many mean tricks, instantly concluded that he was the aggressor, and gathering up a hammer that lay near by, he dealt him a blow that sent him senseless and quivering to the floor. The irate court was complete master of the situation.
Note: Wecter p.104-5 and notes, takes issue with some of the details of the Republican’s story, noting that “R.F. Lakenan did not come to Hannibal to practice law until two years after the date of the incident. Other versions appear in HMC, p.914 [Holcombe’s History of Marion County, Missouri] and Paine, Biography, p.45. In MTP, DV 47, ‘Villagers,’ Mark Twain writes: ‘Judge Carpenter [Clemens] knocked McDonald down with a mallet and saved Charley Schneider,’ and in another note refers to ‘McDonald the desperado (plasterer).’”