Bushwhacker Skirmishes Nears Warrensburg 11 Killed in total, 2 Captured and Shot to Death

JUNE 17, 1862—Skirmish near Warrensburg, Mo.

Report of Maj. Emory Foster, Seventh Missouri Cavalry (Militia).

Post at WARRENSBURG, MO June 18, 1862.

Lieutenant: I have the honor to report that Lieut. Sandy Lowe, Company G, Seventh Missouri State Militia, with 18 men, yesterday morning came suddenly upon a small squad of bushwhackers at the house of Mrs. Davenport, 9 miles west of this place. (Near Brush Creek?) 

Attack on Confederate Bushwhackers 9 Miles West of Warrensburg, MO
Would have been similar.

They fired upon the militia, wounding one slightly, and fled to the brush. The militia fired, killing two, and securing their horses and arms. A running fight was kept up through the brush for near half a mile, when the lieutenant found himself entirely surrounded by bushwhackers, the number, as near as could be estimated, 80 or 90—report says 150 or 200. The militia fought well for near half an hour, cutting their way through the swarming guerrillas. When they reached the prairie they made a desperate stand, and sent a runner to me for assistance.

I started immediately with 55 men, and met the lieutenant three miles west of here, coming to camp. He reported that he had left three men wounded in the brush, and had killed 8 or 9 of the enemy; that the bushwhackers had followed him a short distance from the brush and then went west. Lieutenant Lowe was shot through the left hand. I went immediately to the ground where the men had been left, and found two of them stripped of their clothing and horribly mutilated, one of them with more than a dozen revolver-balls in his body and his head frightfully broken and mangled.

I followed the trail of the guerrillas some distance, but night coming on and a heavy storm with it, I returned to town. I came by the home of Mrs. Davenport, and found the place deserted, a large quantity of provisions cooked and packed in baskets, sacks, etc., and a long table set for dinner for a number of men. I ordered the house burned, which was done. I found Corporal Holstein, Company G (who had been left on the ground wounded), 3 miles west of here. He had crawled a mile through the grass and brush. His wound is not dangerous. The excitement in the county is intense. As many as 50 citizens from town and county came with arms and offered their services to protect the place. Day before yesterday a young man named White was shot down while plowing in the field. Two of the worst bushwhackers I have in jail will be shot today in part pay for his life.

I have positive information that Upton Hays came into this county three days ago with 100 men and joined Brinker and Snelling, who had 85 or 90 men. The citizens are moving to town in numbers to save what little household goods they have left. Four houses were plundered and one fired day before yesterday.

Yesterday, while in the brush near where the fight occurred Miss Mattie Brinker, sister of the notorious guerrilla chief John Brinker, came to us. A younger brother was with her. Miss Mattie says she left home, some 3 miles southeast of Warrensburg, about 2 o'clock p. m. I had started about 12 p. m. She was much surprised and confused when she discovered who we were. This young lady has been suspected of conveying intelligence to bushwhackers for some time. She and her brother are in confinement.

I am, lieutenant, yours, respectfully,

EMORY S. FOSTER,

Major Seventh Missouri State Militia, Commanding Post,

Lieut. D. A. THATCHER,

Acting Assistant Adjutant- General, Jefferson City, Mo.

Major Emory S. Foster

Major Emory S. Foster Telegram 1862

Emory S. Foster (November 5, 1839 – December 23, 1902) was a major in the 7th Missouri State Militia Cavalry during the American Civil War. Afterwards he was a St. Louis, Missouri newspaper editor who fought a duel with rival editor and former Confederate John N. Edwards.

Civil War.

Foster was born in Greene County, Missouri.

He was a staunch Unionist whose brother Marshall was murdered by secessionists in early 1861 on his way to vote. During the American Civil War, on Emory formed a Unionist Home Guard company called "Foster's Mounted Rangers" in which he served as captain, enlisting on August 28, 1861. He later enlisted in the Federally funded Missouri State Militia, being elected major of the 7th MSM Cavalry. He and his men engaged in skirmishes around his new home in Warrensburg, Missouri and Foster gained a reputation as an aggressive commander.

On August 15, 1862 after a two-day march from Warrensburg, Missouri to Lexington, Missouri, he was ordered to take 800 men on a 20-mile march to Lone Jack, Missouri to engage Confederate troops that were attempting to capture Jackson County, Missouri in what would become the Battle of Lone Jack.

Upon arrival, Foster's force encountered an 800-1,600 man sleeping Confederate recruiting force under Colonel John T. Coffee and Lieutenant Colonel John Charles Tracy and routed them. However, the firing of Foster's artillery alerted other Confederate recruiting commands in the area of his presence and intent. Confederates under Colonels Vard Cockrell, Upton Hays, and DeWitt C. Hunter were joined by Lt. Col. Tracy and a fierce five-hour battle ensued the next morning. The Federals withdrew after Foster was wounded and Col. Coffee's command joined Cockrell.

Foster and his brother were severely wounded, unable to withdraw, and were taken to a cabin. The cabin was captured by the Confederates and Foster was about to be executed by a member of Quantrill's Raiders when an 18-year-old Cole Younger physically threw the gunman out sparing Foster and his brothers life. They gave $1,000 and their handguns to Younger who then delivered them to the Foster sons' mother in Warrensburg (all despite Younger's being a member of the Confederates).

In 1876, Younger as a member of the James-Younger Gang was captured in the botched Northfield, Minnesota bank robbery. Foster was to forcefully argue for a parole for Younger in the 1890s. Also arguing for the parole was future Secretary of War Stephen Benton Elkins whose only taste of combat had been at Lone Jack, an experience which he said filled him with disgust of war.

Duel with John Newman Edwards

After the war he became an editor at the St. Louis Journal.

On September 4, 1875 he fought a duel north of Rockford, Illinois with Edwards, who was then an editor of the St. Louis Times (after leaving the Kansas City Times in 1873).

The dispute had centered on an August 25 article by Edwards talking about the mistreatment of Jefferson Davis at the Winnebago County, Illinois Fair. The Journal replied the same day "the writer of the Times article had lied, and knew he lied, when he wrote it."

Edwards demanded a retraction and Foster refused saying the editorial was not directed at Edwards personally. On August 30 Edwards challenged Foster to a duel:The disclaimer in the first four paragraphs of your letter would be satisfactory had you followed it up by a withdrawal of the offensive terms of your editorial, so far as they referred to me personally. But as you decline to do so I must, therefore, construe your letter of this date, and its spirit, as a refusal on your part to do me an act of common justice, and so regarding it, I deem it my duty to ask of you that satisfaction which one gentleman has a right to ask of another.

Their seconds made the arrangements and at 5 pm the two met in a field and both missed as Foster smoked a cigar. Foster commented, "A little high."

Edwards demanded a second fire, "I will go on if it takes a thousand fires."

Foster refused a second fire. He had been challenged and shots had been fired and so his honor had been maintained.

Both shook hands and made a bourbon toast.

Foster died in Oakland, California.

There is no headstone for Major Foster. See the memo on the
Photo of the Civil War Section where he was laid to rest.

1850 census Polk Co. MO
Head: Robert A. FOSTER E.P Minister
Older brother Marshal M is age:13
and Armenias A. age:10
Caleb M. (C.Morris)
the rest of the kids on the 1860 census are also listed.


1860 census Warrensburg, Johnson Co. MO
HEAD: R. A Foster age:48 Meth. S. Clergyman S.C.
WIFE: Jane L. age:47 Tenn.
Emory S. age:22 MO. Artist
Melville U. age:18 Dept. County Clerk MO
C. Morris age:17 Printer MO
Maggie C. age:14 MO
Mattie J. age:5

1860 Granby Twnsp. Newton, Mo
Jessie Beal lived with her Mother Elizabeth and siblings.

Sept. 10, 1861 Johnson Co. MO
Capt.Emory S. Foster's Company of
Indpt. Scouts & Guides until Dec. 1/61

Jan. 11 1862 or March 1862 Warrensburg, Johnson Co. MO
Emory S. Foster age 23 enlisted in the 7th MO S.M as a Private.
May 1, 1862 he accepted the promotion to Major. Commanding Post at Warrensburg, Mo.

1862 March 26 wounded in skirmish Post Oak Creek, MO and then in the "Battle of Lone Jack, near Georgetown, dangerously wounded again Aug. 16, 1862." Commanding a Batt., 2 Companies at Lamine."

Aug. 21 1863 Comd'ng Post in Sedalia, MO
Oct/1863-Feb./March-April 1864 he sat on General Court Martial Panels. Nov/63 he was on a Board of Investigation in Jefferson City, MO

Court Martial Duty document
This is only 1 of the 50 pages of his illustrious career.

Some time in 1864-65 Emory met/married
Jessie E. Beal, no marriage record found.

1870 census Joachim Twnsp. Jefferson Co. P.O. Hillsboro, MO
HEAD: Emory S. FOSTER age:31 farmer MO
WIFE: Jessie L. age:26 PA
DAU.: Jessie age:5 MO
Beal, E.W. age:62 "lives with daughter"
Beal, Norman C. age:19 works farm
Lockwood, Margaret age:45 Servant Ireland
Lockwood, Maggie age:9 MO
(This gives us Jessie's maiden name, her mother and younger brother are living with them)

1880 census St. Louis, St. Louis Co. MO
HEAD: Emory S. FOSTER age:41 Editor MO
WIFE: Jessie L. age:35 PA
DAU.: Jessie age:15 MO
MOTHER-IN-LAW Beall, Elizabeth W. age:72

1890 census Soldiers, Sailors, Vets, Widows, St. Louis MO
Major Emory S. FOSTER 7th MO. S.M. 1st Aug. 1862-1st Aug. 1864
line #7= lived on Belle Ave. St. Louis MO-
REMARKS: shot through the body. served full service

1900 census Precinct #15 St. Louis, St. Louis Co. MO
HEAD: Emory S. FOSTER age:61 born:Nov. 1838 MO.- parents S.C/Tn Married:36 yrs. " Secy.Board Public Inif."
WIFE: Jessie E. age:52 born:Jan 1848 PA -Va/Pa
BOARDER: Ada Geier age:30 OH Teacher

1910 census Oakland, California
Emory's widow, Jessie E. Beall-Foster and their daughter Jessie Prole are living in Alameda Ward #7..
Invalid Pension card for Major Emory S FOSTER
F & S gives 2 serves Co.A 7th Missouri State Militia Cavalry AND Capt. Fosters Indpdt. CO. Scouts & Guides MO.H.G

Army Widow pension payment card gives Widow as Jessie E. name of Soldier: Emory S Foster Major of 7th MO. S.M. Vol. Cav she is living on Diamond Ave. Fruitvale, Oakland California. LAst payment June 6, 1920.
Their daughter Jessie is living in Oakland California. And there is a Veterans Hospital nearby.
So Jessie passed before the 1920 census.