Boone Hays settled in Jackson County, Missouri in 1837, later taking his sons to California in 1850 during the gold rush.

[2] Hays was associated with the Border Ruffians, including the future guerrilla leader William Quantrill during the Bleeding Kansas era of cross-border warfare.

[3] When the Civil War began, Hays enlisted the Missouri State Guard as the captain of a cavalry company.

[7][8][9] At the First Battle of Independence in August 1862, Upton assumed command after the death of Brigadier General John T. Hughes and the wounding of Colonel Gideon W. Thompson.

On September 12, 1862, Near Newtonia, Missouri, [10] or 15, Colonel Hays attempted to personally drive in some Union pickets and was killed by a bullet to the head.