Choutteau moved to Livingston, and shortly afterward his plantation house was destroyed by fire. He then posed as a victim of Ku Klux incendiarism, magnified his losses, memorialized the legislature for reimbursement, published exaggerated stories of the occurrence, and vociferously threatened revenge. He was regarded as a menace to the safety of the community in which he had taken up his residence.

Shortly after midnight August 13, 1869, his house was attacked by a small band of men, who forced an entrance into the hall. Doors on each side gave entrance to sleeping quarters, and an invader broke out a panel of one of them, struck a match and thrust his face into the opening. A gun was fired from within the room and the man fell to the floor. The weapon was discharged by a German named Coblentz, whom Choutteau had hired as a guard. The intruder’s head was blown to pieces, and the entire brain, with one hemisphere intact, together with the mask the unfortunate had worn, was found on the floor next morning. When the victim fell back from the door, a comrade sprang to the vacated place and fired several shots at Coblentz, inflicting wounds from which he died an hour or so later. Believing they had killed Choutteau, the band departed, taking the fallen comrade. Blood drippings marked for some miles, to the river, the trail of the retiring invaders. The negro ferryman testified that they ferried themselves over the stream.

The dead man’s identity was never disclosed to the public, but there was a rumor that he was a young doctor, and that his remains were interred by companions, who sent to his home his watch and other valuables which he had about his person, with information regarding the place of burial. In some unhappy home, a mother, wife or other loved ones long mourned the fate of him who had died so tragically. Choutteau did not tarry. He was given employment in Washington, and disappeared from view.

The party which visited Livingston that fateful night divided and a detachment went to the house of George Houston, one of the negro legislators. When the firing began at Houston’s home, someone sprang from a window and fled to the brush. Thinking it was Houston and that he had escaped, this band reunited itself with the others and all departed. It was Houston’s son who escaped. Houston himself was wounded, but recovered, and left for Montgomery, returning no more. Houston was accused of having repeatedly uttered the threat that if the whites did not cease their regulating activities he would have Livingston laid in ashes.

On August 8, of the same year leading citizens of Livingston received telegrams advising them that one hundred armed negroes, en route to Livingston, had stopped at Gainesville, in the same county, and purchased quantities of ammunition. Very soon thereafter Captain Johnson, commander of a steamer on the Tombigbee river, telegraphed to Livingston that in steaming up the stream he had seen groups of negroes on the banks,—all with guns,—who said they were going to Livingston to attend a nominating meeting, to be held next day; that they had been ordered to attend with arms. Another dispatch was received from Eutaw saying that Congressman Hays had engaged transportation next day for one hundred negroes.

The white people of Livingston, on receipt of these dispatches, bestirred themselves and summoned reinforcements from other points.

The night preceding the day set for the meeting the negroes camped outside of town. Next day, when they entered Livingston, they were confronted by a body of white men, who told them they would not be permitted to retain their guns while in town and must take them back to the camp. The negroes, after some disputation, on learning that the congressman would not be present, retired. Burke, the negro legislator and president of the league, went to the camp and harangued them. He urged them to return to town with their guns and resist any interference that might be offered. He wrought them into a state of excitement.

One negro, Hayne Richardson, refused to lay down his gun, and was shot on the road some distance out of town. The report of the gun attracted attention both in town and camp, and suddenly a party of horsemen dashed toward the latter, firing their weapons. The sudden attack abruptly terminated Burke’s fervid oratory and his audience fled. Some were shot. Richardson was badly hurt, but escaped and left the county. The following night twenty horsemen surrounded Burke’s dwelling. He escaped from it and fled, under fire. Early in the morning his body was found stretched in a path leading to the dwelling of his former master.

Price, the man of multifarious official employment, called the meeting, and the negroes who testified in the investigation said that his runners told them he directed that they attend with guns. Price took final leave of Sumter before the shooting commenced.

Congressman Hays said he was prevented from attending by sickness of a member of his family. He disavowed any responsibility for the negroes going armed. “I only want to state this,” he said, while testifying in Livingston, “in connection with that matter—I do not know that it is worth stating: that I understood from friends of mine here that there was a regular mob down there to assassinate me the very moment I got off the train. I heard that afterward,—that if I had come here, I would have been killed instantly. If I had been, I would have been killed innocently.”