Lasting Tribute to Old Drum, One of Man’s Best Friends

To some, it was a relatively unimportant incident. To others, it was a heinous crime.

But for many pet lovers worldwide, a statue memorializing a dog named Old Drum has come to symbolize the special relationship between man and his dog.

The life-size statue of the black-and-tan hound sits on the courthouse lawn here, a tribute to faithful dogs everywhere.

Thirty years ago, thousands of people jammed the streets of Warrensburg for its dedication, and each year thousands more travel to this small college town to see the bronze statue.

Before he was killed Oct. 28, 1869, Old Drum had been the constant companion of farmer Charlie Burden, 45. It was Burden’s brother-in-law and next-door neighbor, 40-year-old Leonidas Hornsby, who ordered a hired hand to shoot and kill Old Drum, claiming the dog was bothering his sheep.

Burden sued Hornsby for damages in four bitterly fought court trials. He first filed suit before a justice of the peace, but no decision was reached. At a second trial, Burden was awarded $25. Hornsby appealed and won, prompting Burden to sue again.

Old Drum was immortalized at the fourth trial held at the Old Johnson County Courthouse, located a mile from the modern-day courthouse. The historic courthouse, built in 1842, is now a shrine to Old Drum.

A dramatic production of the last Old Drum trial was first presented by the Central Missouri State College drama department. The story has since been dramatized on television and is included in books on Missouri’s history.

The saga came to an end on Sept. 23, 1870, as a crowded courtroom listened intently to attorney George Graham Vest deliver his spontaneous final appeal. He said, in part:

“The best friend a man has in this world may turn against him and become his enemy. His son or daughter that he has reared with loving care may prove ungrateful.

“The one absolutely unselfish friend that man can have in this selfish world, the one that never deserts him and the one that never proves ungrateful or treacherous is his dog.

“A man’s dog stands by him in prosperity and in poverty, in health and in sickness. When all other friends desert, he remains. He is as constant in his love as the sun in its journey through the heavens.”

Within minutes, the jury returned an unanimous verdict in favor of Charlie Burden and awarded him $50 for the loss of his pet. Hornsby appealed to the Missouri Supreme Court, which upheld the verdict.

Vest went on to become a U.S. senator for 24 years. His law partner in the case, John F. Philips, became a member of the House of Representatives and later a U.S. district judge.

Hornsby’s attorneys also achieved fame. Thomas T. Crittendon became the governor of Missouri and his partner, Francis M. Cockrell, served as a U.S. senator for 30 years.