The shooting, it seems, stemmed from a longstanding feud between Absher and the Atkisson family. Over twenty-two years earlier, in 1900, Absher, then 18, had shot and killed Atkisson's brother David, and that incident itself stemmed from an old feud.
Absher and David Atkisson, who was a year or two older than Absher, had grown up on adjoining farms in the Mountain Valley area, but in the winter of 1899-1900 Absher moved into town to study business at Mountain Grove Academy. During the noon break on February 6, 1900, Absher walked downtown, where he was accosted by Atkisson, who tried to shove Absher off the walk and then plunged a knife into Absher's breast and shoulders several times. Absher pulled a gun as he sank down and fired five shots at the fleeing Atkisson. All but one of the shots struck Atkisson, and he fell dead.
According to one report, about a year earlier the two young men had been romantic rivals for the same young woman. A second, probably more reliable report, said the feud dated back even farther. Around 1896, while the two were attending school together in their home district, Dave Atkisson and one of his brothers had beaten Asher up, and Asher's father had the two Atkisson brothers arrested. Dave had to pay a fine, and afterwards he swore to get even. Instead of getting even, he now lay dead. Ben Absher's wounds were considered severe, and it was thought he might die. However, he recovered and was arrested, but a grand jury failed to indict him, as the incident was considered a case of self-defense.
Twenty-two years later, the feud between Absher and the Atkissons was rekindled. On the evening of September 30, 1922, Absher's 16-year-old son, Ray, was among a group of boys who were causing a disturbance during a revival meeting at the Mountain Valley Church. Deputy John Atkisson took hold of the Absher boy by his shoulder and reprimanded him for his behavior. On October 5, the revival or protracted meeting, as it was called, was still going on, and Ben Absher showed up. At the end of the service, as he was walking out of the church, he saw Atkisson and confronted him about the way he had treated Ray. Saying no one should shake his son or domineer over his family, Atkisson pulled out a revolver and started firing. He fired six shots in all, and four of them took effect, including two in Atkisson's heart and one in the head.
After the shooting, Absher left the scene and went on the lam. A posse led by Wright County sheriff Morgan Crews went out looking for him, and among those in the posse was a third Atkisson brother, James. Absher, however, could not be located. It was thought for a while that he'd gone to Mexico, but he showed up in late December at the county seat in Hartville and turned himself in to Sheriff Crews.
Absher was charged with first-degree murder and tried in neighboring Texas County on a change of venue in late September 1923. Several state witnesses claimed Deputy Atkisson was shot down without warning and that he did not attempt to draw his gun, but Absher took the stand in his own defense to claim otherwise. Absher said Atkisson had been out to get him for some time and that the deputy went to the church on the night in question with the preconceived idea of killing Absher. The defendant claimed that Atkisson drew his weapon and fired at him first before Absher returned fire, killing Atkisson. Based on the available evidence, it's hard to say whether this was true, but apparently the defense did a better job of making its case than the prosecution did, because the jury acquitted Absher on Saturday, September 29, after only thirty minutes of deliberation.
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