History of Lucas County, Iowa containing a history of the county, its cities, towns, etc, Part 49

Author:
Publication date: 1881
Publisher: Des Moines, State Historical Company
Number of Pages: 761


USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 49


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In testimony whereof, the said Thomas Wilson has hereunto set his hand and seal this fifth day of November, 1849.


THOMAS WILSON, [SEAL.]


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STATE OF IOWA,


WAPELLO COUNTY. $ 88.


I. James Baker, a notary public in and for the county aforesaid, do hereby cer- tify that the above-named Thomas Wilson, who is personally known to the undersigned, to be the identical person who executed the foregoing deed of mortgage, personally appeared before me and acknowledged that he execu- ted the same voluntarily, for the purposes therein contained.


In testimony whereof, I have hereunto set my hand and notarial seal this fifth day of November, 1849. [SKAL] JAMES BAKER, Notary Public


Recorded this tenth day of July, 1850.


SAMUEL MCKINLEY, Recorder of Lucas County.


This above mortgage is satisfied by Thomas Wilson paying the amount, six hundred dollars, at Ottumwa, November 2, 1850.


It will be remembered that Anna Arnold procured the first divorce from her husband-Scott Arnold. The latter was somewhat prominent in the public affairs of early days, but whether he accumulated very much of a fortune, does not appear. At any rate, after Anna, his ex-wife, returned to single blessedness, she soon appears in the role of money lender. Whether her accumulations were her own, independent of her ex-husband, or were drawn from his estate by way of alimony, allowed by the court, does not appear. Among the first mortgages is one executed to her by John Williams and Matilda, his wife, both of whom sign it with their mark. It was given on lots three and four, block eleven, in Chariton, to secure sixty dollars.


THE FIRST QUIT CLAIM DEED


executed and recorded in Lucas county was made by George D. Temple. It is an innovation upon the old common law form, made by the code of 1851. This class of conveyance is generally given where the grantor's title is not perfect in him, is of such character that he cannot safely "war- rant and defend" it against the claims of all other persons-where he has a claim, or some interest in the land which he thus releases, as shown by the following:


For the consideration of one hundred and seventy dollars, I hereby quit claim to Luther Holbrook, of Lucas county, and State of Iowa, all my interest in the following described land, viz: The west half of the northwest quarter, and the west half of the southwest quarter of section twenty four, in township seventy- two, north of range twenty-two west, lying in the county of Lucas aforesaid, and containing one hundred and sixty acres.


Witness my hand this 1st day of November, A. D. 1851.


GEORGE D. TEMPLE. Attest: E. A. TEMPLE.


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STATE OF IOWA,


JEFFERSON COUNTY. 88.


Personally appeared before the undersigned, a Notary. Public in and for said county, George D. Temple, to me personally known to be the identical person whose name is affixed to the foregoing deed of quit claim, and acknowledged that he executed the same, and that it is his free and voluntary act and deed.


In testimony whereof, I have hereunto set my hand and affixed my seal notar- ial, this first day of November, 1851.


SAMUEL H. MADLEY, Notary Public.


In 1851, the


FIRST CENSUS


of Lucas county was taken by D. D. Waynick, as County Assessor, as shown by the following bill therefor:


CHARITON, August 1st, 1851.


Lucas county to D. D. Waynick, Dr. to taking census.


Services in Lucas county,.


4.00


·Services in Clarke county ..


8.00


Making and returning list 1.00


$ 13.00


D. D. WAYNICK.


STATE OF IOWA, 88. LUCAS COUNTY. S


I do solemnly swear that the above account is just, and that the amount of service stated in said account is correct, and that there has been nothing paid on the same. D. D. WAYNICK.


Sworn to and subscribed this 3d day of Nov. 1851.


JONAS WESCOTT, County Judge.


After the commissioner system of county government was superseded by the county court, in 1851, there were no more "town lot agents"-the county judge performing this duty himself, so long as the county had any lots to sell in the "county quarter," as the quarter section upon which the county seat is located, was popularly called, in early days. Following is an antiquated certificate of purchase, which entitled its owner to a deed, issued by the first county judge:


STATE OF IOWA, LUCAS COUNTY. S


This certifies that Wyatt W. Waynick has purchased town lot No. six, in block No. 1, in the town of Chariton, in the county and state aforesaid, for the sum of fifteen dollars, in payments as follows: Three dollars and seventy-five


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cents paid. The balance in three equal payments of six, twelve and eighteen months. JONAS WESCOTT, County Judge.


Chariton, Iowa Oct. 3, 1851.


At the August election, in 1856, delegates were elected to a constitu- tional convention which convened at Iowa City, January 19, 1857, to revise the first constitution of the state. The work of this convention was adopted by the people at the election of August 3d, 1857, by a popular vote of 40,311 "for, " to 38,681 "against "; and which went into effect September 3d, following. John Edwards, of Lucas county, was chosen delegate to that convention, and the vote of the district cast for him was canvassed at Albia, Monroe county, and William M. Berkey, clerk of the district court of this county had to do with the canvassers, as shown by the following bill against Lucas county:


To horse and buggy three and a half days, for the use of William M. Berkey going to Albia to canvass votes for delegate to constitution convention, eight dollars. B. R. ST. JOHN.


Chariton January 23, 1857.


Subscribed and sworn to before me this 23d day of January, 1857.


A. J. HILL, Acting County Judge.


THE FIRST PUBLIC HIGHWAY


laid out and established in Lucas county, was, in September, 1849. The board of county commissioners at its session of that month, made the following record:


Ordered, By the board of commissioners, that they receive the road petition for running a county road, from or near Joel Lowder's, thence on the straightest and best route to the town of Chariton, Lucas county. Said road to be laid out through no improved land, without the consent of the owner. We, the county commissioners, appoint Peter Waynick, Andrew McClung, and John C. Watson, viewers on said road. Said commissioners are to meet at the house of Joel Lowder on the second Monday in June, and make their report against the regular July term of commissioners' court, A. D., 1851.


Joel Lowder's farm was located in what was then called "Ireland pre- cinct." It is now Cedar township, and the Joel Lowder farm is now the John McDuckworth farm, which lies in the northeast part of that town- ship.


This road is not only the oldest in the county, but is the one which pio- neer settlers traversed when they went eastward to Warsaw, Illinois, to get their wheat flour, or elsewhere for their general supplies.


The next public highway established in the county by the board of


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commissioners, was that running from Chariton to the south line of the county, near X. E. West's farm, in Washington township, intersecting the state road from Ottumwa to Council Bluffs at forty-ninth mile post. James Jenkins was the commissioner appointed to view the route and report. About the same time, late in 1851, another public road was established from Chariton, to Newton, in Jasper county. Following this, another county highway was established from Chariton to the south line of Lucas county, in the direction of Garden Grove, in Decatur county. This was located by Josiah Mundel, as commissioner appointed by the county board for that purpose.


THE OFFICIAL SALARIES


of county officers were not very exorbitant in the early days of the county's history, as appears from the following " quarterly accounting:" " We, Jonas Wescott, county judge; William C. Drake, county clerk; and Samuel W. Walthall, county treasurer, in quarterly accounting together, find, that the money received by us, as our legal fees for the quarter ending November 5, 1851, amounts to $12, or $4 each; leaving a balance due as our legal quarterly salary of $46 each; the amount of each of our said salaries being $50 per quarter, according to the census returns of the year 1851. And, in consideration of the premises, it is therefore ordered by the county court, that the said officers receive the sums opposite their respective names for services as officers aforesaid, for the quarter ending November 5, 1851.


Jonas Wescott, Judge. $ 46


Wm. C. Drake, Clerk 46


Samuel W. Walthall, Treasurer 46


To-day, after the lapse of thirty years, the business of the officers-the county auditor in the place of county judge-has increased more than six fold, and the official services which could then only demand $200 per year, now demand about $1,500 per year. This shows the wonderful material development of the county in less than half of a generation.


As evidence of the loose and incomprehensible manner in which the records of early times were made up, we mention the fact that there was a special election held at the court house in Chariton on the 20th day of October, 1851; but what that election was for, the old commissioner's records nowhere explain. It only says, "that J. M. B. Miller, William McDermit, and Ebben Badger are hereby appointed judges, and Henry Allen and'E. K. Robinson, clerks" of such election. Neither can the "old- est inhabitants" tell what it was for.


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COUNTY INSTITUTIONS.


The institutions belonging to, and maintained by the county, are not numerous, but are important in their relation to society and humanity, inasmuch as the evil-doer and the poor exist in all counties to a greater or less extent. As already noted in the chapter on "county organization," the first public building constructed in the county, was


"THE OLD LOG COURT HOUSE;"


the dimensions, cost, and time of construction, are fully given in the chap- ter above referred to. It stood on lot six, in block nine, on the east side of the public square, south of and adjoining the alley therein. It remained there for some time after the present building was occupied, and was finally torn down, and its logs mainly used for street crossings in the town.


At a special election held in June, 1858, the question of a new court house, to be built in the public square, was submitted to the electors of the county, and the proposition prevailed, by a vote of 598 for it, to 71 against it. The construction of the building was under the administration of Ethan Gard, as county judge. There appears no record for proposals to do any of the work, or furnish any part of the materials. However, the writer found in the "abandoned archives," in the garret, the following proposal:


CHARITON, May 3d, 1858.


To the County Judge of Lucas County, Iowa:


I propose building the court house of Lucas county for the sum of thirteen thousand and five hundred dollars. GEORGE SWITZER.


There is no record evidence that the above proposal, nor any other similar proposition, was accepted. The whole affair seems to be enigma- tical to the "oldest inhabitant," and the people have been in ignorance, to the present day, as to the amount of money the building cost them. Tradition says, that the contract for the construction of the building was a verbal one, and given by Judge Gard to the county treasurer-W. T. Wade-for $13,500, the amount of Mr. Switzer's bid as above shown. That there were no plans and specifications to which the mechanics work- ed; when they came upon the ground each morning they would apply to Judge Gard for instructions, and the Judge would direct them to lay brick, or do some certain kind of work until "further orders."


The building stands in the middle of the public park, is sixty feet square, two stories in height, built of brick, upon which is a belfry, sup- porting a bell, which tells the people that the scales of justice are poised,


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and those desiring to be heard will draw near. The ground floor con- tains four office rooms, and a wide hall through the building north and south. The upper story contains the court room, sheriff's office, and county superintendent's office. It is a traditional opinion freely expressed, that this temple of justice cost nearer twenty thousand dollars than it did thirteen thousand five hundred dollars, because of the loose manner in which its construction was managed. It resulted in a heavy draft upon the tax-payers, in that early day of the county's financial strength, as it bankrupted the treasurer, and the treasury as well. Whether the large amount of money the building purports to have cost, beyond the contract figures, ever went into it, is a question which is ever likely to remain a mystery. The treasurer was found to be largely in arrears in his official accounting, for which his bondsmen have never responded to the county. This is the result of the loose and criminal manner in which the affairs of the people are too frequently managed. However, a judgment was obtained against the treasurer-W. T. Wade, and his sureties-Thomas Wade, Hezekiah Pollard and Jacob Taylor, for the full amount of his official bond-$5,000. His successor was James B. Custer, who at once balanced the books of the office, and found Wade in arrears with the various funds in his hands, to the amount of $8,553.48; thus leaving a bal- ance of $3,553.48 uncovered by his official bond, and upon which no judgment could have been obtained against his bondsmen had they been responsible. Therefore, adding this sum of $8,553.48 to the sum of $13,- 500, supposed to have been appropriated for the construction of the court house, it would make $22,053.48, that went-somewhere.


THE FIRST COUNTY JAIL


was built about 185-, on lot six, in block ten, lying west of the public square. It was a one-story building some eighteen by twenty feet in size, constructed of logs, and divided into two rooms. This served the county until 1871, when a new and more substantial jail was built of brick, some eighteen by twenty-two feet in size, and one story high, which cost, with- out the cells, two hundred and fifty dollars. It is located on lots six and seven, in block thirteen, southwest from the public square, corner of Jef- ferson and Polk streets, and is still used as the abode of law-breakers.


At the October election, 1870, a proposition was submitted to the voters of the county, to build a


NEW JAIL.


The proposition was lost by a vote of 266 for, and 1064 against it. Again, at the October election of 1875, the proposition to build a jail and


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jailor's house was submitted to the people, and again defeated by a vote of 419 for, and 914 against it.


Undiscouraged by these failures, the proposition was submitted for the third time at the November election of 1880, and it carried by a vote of 1,582 for it, to 580 against it. Thus it became an assured fact. Accor- ding to the plans and specifications already prepared, the building will be a credit to the county. It will combine the sheriff's residence and the jail, and will occupy the same lots upon which the jail stands, already described. The building will be constructed of brick upon a stone toun- dation, enclosing a cellar under the front residence part. It will face the south, with a front elevation two and a half stories, forty feet wide and thirty feet deep. This will constitute the sheriff's residence, and will contain a parlor, dining room, kitchen, hall, and various closets on the first floor. Joining and extending back of this front elevation along the railroad northward, will be the jail proper. This will be two stories high, thirty-seven feet wide, and thirty-six feet back, thus making the entire building sixty-six feet long. This will include the jail office, vesti- bule, and a boys' cell immediately back and adjoining the residence; and farther back still will be a row of four cells, with a prisoners' corridor in front. In the second story there are to be two cells for females, and a turnkey and guard's room, and for four additional cells when needed. The building is to be finely finished at a cost of $12,000, and is to be heated throughout with the Haxtun steam furnace. The contractors are Janes & Nullegan, the mason work; and McKleveen Brothers, the wood work. The work of construction was commenced the first of May, and is to be completed by September, 1881. The money for the construction of this public building is already on hand, and will not necessitate the levy of an additional tax.


The only remaining institution of the county is the


COUNTY POOR HOUSE AND FARM.


The first county poor farm was the outgrowth of crime, as our narra- tive will show. In the latter part of 1858, a man named Richard Roe- the veritable Richard quite likely-from Cedar county, this state, appeared in the streets of Chariton one day driving a fine horse before a sulky, and leading another horse behind him. He was arrested upon the street as a horse thief, in obedience to instructions from the locality from which the horse was taken. The horses and sulky were taken in charge, and he given lodgings in the old log jail, until he could procure bail. He called the law firm of Baker and Edwards, then practicing in Chariton, to his aid. · Roe demanded his release upon bail, which was accepted and given, with James Baker, Geo. W. Piper, and John Edwards as sureties, in the 9


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sum of $500. Roe turned over to his bondsmen his own horse, sulky, and some money to thus secure his release, and defended him against the charge of horse stealing. After the fellow's release, he skipped, and left his bondsmen in the lurch.


Roe failed to appear under his indictment when called for, and his bond was thus declared forfeited. Suit was brought by Lucas county against the bondsmen, and judgment obtained. Some time after this, Piper, one of the judgment debtors of the county, procured the assign- ment to him of a certificate of purchase of three hundred and twenty acres of saline land, lying some two and a half miles east of Chariton, designated as follows: The northwest half of section twenty-seven; the east half of the northeast quarter of section twenty-eight; and the southeast quarter of the northeast quarter, and the northeast quarter of the southeast quarter of section twenty-two, township seventy-two, range twenty-one west. Upon this land the county made an execu- tion levy, and sold it at sheriff's sale, upon its judgment against Piper, March 11, 1859; and the county through the county judge, became the purchaser at such sale. Sometime afterward the county paid the balance due upon Piper's certificate of purchase; and April 28, 1866, procured from the State University-to which institution the saline lands belonged-through the state land office, a patent therefor. After the title thus accrued to the county, it was set apart for a county poor farm, upon which buildings were to be erected. But for some reason, it was never utilized for the purpose for which it was thus designed. A while afterwards, through the action of the board of supervisors, the county pur- chased another farm of one hundred and thirty-five acres, near the town of Russell, in the eastern part of the county, from Mary C. Adams, valued at $1,500, which was conveyed by her to Lucas county, by war- ranty deed, dated June 2, 1866, which designates the premises as follows: The east half of the northeast quarter, and the northwest quarter of the northeast quarter of section thirty-six, township seventy-two, north of range twenty-one; and fifteen acres in the northwest quarter of the southwest quarter of section seventeen, township seventy-two, north of range twenty west. In payment, or in exchange for these premises, the county conveyed to Mary C. Adams its saline lands in sections twen- ty-two, twenty-seven and twenty-eight in township seventy-two, north of range twenty-one-three hundred andtwenty acres-which it first set apart for the poor farm, by deed, bearing date July 6, 1866, per previous con- tract. This latter tract of land cost the county about $800; and the greater portion of it is now known as the Bestow farm-one of the best in that section of the county.


It was proposed to erect buildings on the "poor farm " thus obtained of Mary C. Adams, in section thirty-six, seventy-two, twenty-one, near


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Russell, and the question was submitted to the people at a special election held on the first Monday in March, 1869; which proposition was rejected by a vote of thirty-six for, and six hundred and fifty-six against it.


After this result, it was proposed by the board of supervisors, at its June, 1869, session, to loan the "poor fund," which then amounted to $6,455, and use the interest thus derived from it, for the support of the poor of the county, provided, the people approved of the proposition. It was there- fore, submitted to them at the October election, 1869, and rejected by a vote of four hundred and three for it, to four hundred and eleven against it. At the same session, a committee-Supervisors Stewart, Poston and Ashby-was appointed to sell the poor farm, purchased of Mary C. Adams, in section thirty-six, seventy-two, twenty-one, near Russell, in case the proposition to loan the fund was rejected; and also to examine the Skidmore farm with a view of its purchase for a Poor Farm. At the September, 1869, session of the board of supervisors, this committee reported that they had sold the Adam's farm to Elizabeth Leight, for $3,500; and also reported favorably upon the purchase of the Skidmore place, which report the board confirmed, as follows:


Whereas, William Skidmore offers to sell the southeast quarter of section thirteen, township seventy-two north, and range twenty two west; also the south- west quarter of the southwest quarter of section eighteen, in township seventy- two north, and range twenty-one west, for the sum of $10,500, to the county of Lucas; and the board of supervisors being fully of the opinion that said farm and buildings are suitable for a Poor Farm, and that it would be to the interest of the county to purchase said farm; and-


Whereas, There are sufficient funds on hand to pay for the same, and that there would be no additional levy necessary to be made to pay for the same. It is therefore ordered, that the question of purchase be submitted to the voters of this county for their ratification or rejection, at the general election to be held on the second Tuesday of October, 1869.


The above report of the committee was adopted by the board, and the proposition was submitted to a vote of the people at the time named therein, with the following result:


For the purchase. 804 votes. 385 votes.


Against the purchase


Whereupon, the purchase of the farm was concluded, and on the 18th day of October, 1869, William Skidmore and America Skidmore, his wife, executed and delivered to Lucas county a warranty deed of the premises described in the foregoing report adopted by the board of super- visors, for which the county paid, as a consideration therefor, the sum of ten thousand and five hundred dollars.


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The same year, 1869, L. Stanley was placed in charge of the farm, as superintendent, and remained until March 7, 1871, when Josiah Critch- field was appointed superintendent by the board of supervisors, who has managed the farm and house satisfactorily up to the present time. Prior to Mr. Critchfield's succession to the superintendency of the poor house and farm, there were no reports made as to the condition and manage- ment of the institution. However, since, and including 1871, there have been made annual reports to the board of supervisors, from which have been gleaned the following statistical facts from that year-1871-to the present time-1881 :


In 1871 the number of paupers received in the house were 18; the number died, 1; discharged, 9; number remaining, 9. The receipts from the farm were $55.05; the disbursements were $150.


1872-Number of paupers received, 24; number discharged, 18. Receipts from farm, $592.75; disbursements for labor and supplies, $354.45; for a new barn, $2,300.


1873-Number of paupers received, 7; number died, 2; number dis- charged, 10. Receipts from farm, $1,118; disbursements' for labor and supplies, $380.44; for an addition to the house, $650.


1874-Number of paupers received, 9; number discharged, 11. Re- ceipts from farm, $674.09; disbursements for labor and supplies, $763.58.


1875-Number of paupers received, 10; number discharged, 3. Re- ceipts from farm, $1,048.45; disbursements for labor and supplies, $729.23.


1876-Number of paupers received, 22; number born, 1; number died, 2; number discharged, 19. Receipts from the farm, $592.05; disburse- ments for labor and supplies, $1,255.36.




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