Deputy Marshal Elmer Magruder was shot and killed and Marshal Frank Cain was shot through the right lung when three robbery suspects held for suspicion of robbery of the Wabash depot in Salisbury the night before.

Three youths that had arrived in Higbee from Armstrong on the train aroused suspicions of the local merchants when they visited stores around town and Marshal Frank Cain was notified. The men matched the description of the suspects who had robbed the Wabash depot in Salisbury the night before. Marshal Cain deputized Elmer Magruder and the two men arrested the three men in a restaurant then took them to jail. They were discovered to be in possession of two revolvers, a dark lantern, false beards and mustaches, handkerchief masks, cotton gloves, gun cartridges and $50 in cash. The men were searched and two revolvers and an amount of bloody money was taken from them. One of the men claimed the blood on the money was from a nose bleed. After about 9:00 pm and after making a call to Salisbury, Marshal Cain grew uneasy and decided to search the men again. Marshal Cain summoned Elmer Magruder who was unarmed and they went to the jail which was located in the central basement area of City Hall. They searched one prisoner then went on to another prisoner to search the second. The prisoner was seated in the cell with a handkerchief to his face as though he was crying. As they opened the door the prisoner sprang to his feet and shot the unarmed Deputy Magruder through the body killing him instantly. The prisoner and Marshal Cain became engaged in a running gun battle through the basement during which Marshal Cain was struck by a bullet that passed through his right lung. The prisoner then escaped from the jail through a coal chute and fled the scene. Marshal Cain exited the jail and pursued the suspect for 1/2 a block before collapsing from loss of blood. The other two prisoners were taken into custody at the jail. It was believed that someone had passed revolvers into the jail to the prisoners.

The suspect, Fred Mikel, was arrested in Mexico, Missouri on December 30th and also admitted to murdering the night operator at the Chicago and Alton office in Centralia, Missouri on Friday morning. Mikel was convicted of second degree murder for the killing of Deputy Marshal Magruder and sentenced to 10 years in prison.

Deputy Magruder, 24 was buried at Old Log Chapel Cemetery, Howard County.