USA > Iowa > Lucas County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 6
USA > Iowa > Wayne County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
"About 1851 father moved north and settled on section 1. in the same township, and stayed there but a few years and then moved to Decatur county, and from there to southern Kansas, where he died about 1859.
"I make this statement in the interest of the true history of Lucas county. My father often told us that he was the first settler in Lucas county.
"(Signed) MINERVA JACOBS.
"WARREN S. DUNGAN,
"VOLNA G. JACOBS,
"Witnesses."
THE FIRST TRIAL JURY
The first petit or trial jury ever drawn in the county was summoned for the second term of the District court, and was composed of the following persons: J. A. Allen, Aaron Scott, Wilson Allison, James Jenkins, Jess Walker, John Thacker, Eben Badger, George Cain, C. Rankin, Moses F. Henry, James Mitchell. James G. Robinson. However, the court record does not show that their services were required during the term, as the business appears to have been transacted by the court alone.
The next case disposed of at this term was an appeal case from a justice of the peace. It was that of Richard Byrd
71
PAST AND PRESENT OF LUCAS COUNTY
against Samuel Larimer, involving a claim of $15.85, for which judgment was entered for the plaintiff. And also another appeal case, being that of Thomas Wilson against Richard Byrd, in which judgment was also entered in favor of the plaintiff for said sum of $15.75.
During the two terms of court, May, 1851, and May, 1852, there appears to have been very little business, other than small appeal cases and divorce suits. Samuel Payne applied for a divorce from his wife, Julia Ann Payne, who came with him to this new country at an early day. A decree was entered, as prayed for, by the fair Julia Ann, and she was restored to . her maiden name, and all the rights and privileges of an unmarried woman. It was further ordered that the said Sam- uel pay to the attorney of his wife, one William H. Brunfield, the sum of $12.50 as his attorney fee for defending her rights in said case, but Samuel was given six months to pay said attorney fee.
The record further recites that no disposition is made of the property of the parties, but it leaves that matter to be set- tled between them by themselves. The probability is that it would require another law suit to finally settle that matter, if the property was worth a law suit.
The large number of divorces that are now granted by the courts at each term thereof will certainly result in more strin- gent laws regulating divorces, especially when they both desire a divorce. It would seem that when a man and woman cannot live happily together they should be divorced, but on the other hand, if the law be such that either party can go into the courts and obtain a divorce on the slightest causes therefor, then it would seem that the law would encourage men and women to separate and apply for a divorce for trivial reasons, thus creating a feeling of disrespect for the marriage relation, and erroneous ideas of the obligation of the marriage contract. Per- haps there is a medium ground for the exercise of this power by the courts between theories of the Catholic church and the modern views of this question. It is a well-known doctrine or rule of the Catholic church that courts should not be given the right or power to annul the marriage relation. No matter what the cause of complaint may be, the Catholic church claims that the sanctity of this relation should not be disturbed or annuled by the decree of any human tribunal. That it is bet- ter for society and for children that the parties endure a
72
PAST AND PRESENT OF LUCAS COUNTY
wrong, than it would be to open the doors of our courts to the married man or woman who perhaps for some fancied wrong or injury, would break down the sanctity of this relation and permit the parties thereto to be released therefrom.
However, a few days attendance at the trials of divorce cases would seem to be sufficient to satisfy any person that there are numerous cases where, to refuse the applicant a divorce and release him or her, would amount to a posi- tive wrong. For instance, however increditable it may appear, there are cases and comparatively a good many of them, where drunken husbands demand and expect that their wives shall maintain them, and upon her refusal to turn over to the husband all of the money she has earned by her own labor, he has claimed and has undertaken to exercise the right to beat and abuse her; to say that women under such circum- stances ought to suffer such wrong, rather than countenance the practice of obtaining a divorce, seems foolish. Such cases exist and for a woman to apply and obtain a divorce under such circumstances is nothing more than to exercise her natural right of self defense and a failure to do so would be a positive wrong.
FIRST
It sometimes happens that ordinary events or occurrences become interesting or important from the fact alone that they are the first of their kind or character, and ambitious per- sons often deem it an honor to be the first in any reputable enterprise or occurrence. As, for instance, in the early days of Chariton a fire occurred, whereby two of the principal stores of the town were destroyed. The fire became the talk of the community. Every phase of it was detailed the next day, and a certain doctor, who loved a joke as well as Abraham Lincoln did. said that not less than a dozen men had declared to him that they were the first to discover the fire. But now as to the historical "first." It is claimed that John Ballard was the first settler in Lucas county. He settled in what has since been known as English township. The first marriage license was issued to Samuel A. Francis and Lousa J. Way- nick, on the 10th day of November, 1849. James Peck was the first justice of the peace appointed in the county. The first warranty deed issued in the county was a deed from
METHODIST EPISCOPAL CHURCH, RUSSELL
NORTH SIDE OF MAIN STREET, RUSSELL
S
75
PAST AND PRESENT OF LUCAS COUNTY
Hugh W. Sample and wife to John Howard of Jefferson county, for 320 acres of land in Chariton township for the consideration of $350, and it was dated November 29, 1849. The first mortgage was given by Thomas Nelson to Seth Rich- ards on the 5th day of November, 1849. Anna Arnold pro- cured the first divorce. The first quit claim deed executed in the county was given by George Temple to Luther Holbrook, November 1, 1851. The first census was taken by D. D. Way- nick in 1851. The first public highway was laid out and established in September, 1849, in Cedar township. William Mckay of "Fort Des Moines," was the first district judge who ever presided over the courts of Lucas county. The first mortgage executed in Lucas county was made by Thomas Wil- son, a pioneer, and member of the board of county commis- sioners in 1850, to Seth Richards, to secure the payment of money to the latter. It was acknowledged before James Baker, a notary public, and was given to secure the sum of $600, to be paid at Ottumwa, November 2, 1850. The first quit claim deed executed and recorded in Lucas county, was made by George D. Temple. The following is a copy thereof to wit: "For the consideration of $170, I hereby quit claim to Luther Holbrook, of Lucas county, and state of Iowa, all of my interest in the following described land. Describing it. (Signed) GEORGE D. TEMPLE."
This is quite a brief instrument, but it was sufficient. It was acknowledged before a notary public of Jefferson county, Iowa, on the first day of November. 1851.
THE FIRST CENSUS
The first census of Lucas county was taken by D. D. Way- nick, a county assessor. It was taken in August, 1851. The following is a copy of Mr. Waynick's account for his services, viz. :
Chariton, August 1, 1851.
Lucas county to D. D. Waynick. Dr., to taking census.
Ist to services in Lucas county $ 4.00
2nd to services in Clark county. 8.00
3rd to making and returning list 1.00
Total $13.00
76
PAST AND PRESENT OF LUCAS COUNTY
This account was verified as follows:
STATE OF IOWA,
SS.
LUCAS COUNTY.S
I do solemnly swear that the above account is just, and that the amount of services stated in said account is correct, and that there has been nothing paid on same.
(Signed) D. D. WAYNICK.
Sworn to and subscribed this 3d day of November, 1851, Jonas Wescott, county judge.
It is noticeable that the writings attending the transaction of business at this time, although brief, were formal, and in good shape. D. D. Waynick, who was among the first set- tlers, had some experience in business matters, and his general knowledge of the manner in which the business of the public should be kept, rendered him a very useful member of the community. He was a consistent member of the Methodist church, and for many years he conducted its business and in fact had general charge thereof. He was a good singer and took delight in organizing and conducting a choir for this church. The last fifteen years of his life, he was engaged in the mercantile business. At that time the most of the goods were sold on a year's time, that is, the farmers would usually come in once a year, being about the holiday time, and "settle up," as they called it, by either paying up in cash, or by giving their notes, but usually at that time of the year farm- ers would have money to pay their debts, and notwithstanding the great majority of the business was done on time, yet mer- chants lost but very little. If they sold goods on credit at this time as they did in the early history of the county, nine- tenths of them would soon become bankrupt. As a general rule, at that time, accounts would be promptly paid, or at least, they were paid once a year, but if credit was extended today as it was at that time, a majority of the accounts would not be collectable.
At the time of the death of D. D. Waynick, he had due him accounts for goods sold about $15,000, and the final report of his administrator shows that he collected about all of this sum. Very few accounts proved to be uncollectable. At that time merchants not only sold their goods on long time, but they bought goods on long time, and the failure of the smaller merchants occurred quite frequently. The drummer, or tra-
77
PAST AND PRESENT OF LUCAS COUNTY
veling salesman also acted as collector for his firm and had a great deal to do in deciding whether or not it was safe to extend credit to the retail dealer. He traveled over the coun- try, and it became a part of his business to keep posted as to the financial standing of his patrons. He would occasion- ally ask his customers to give him a written statement of their property and financial ability.
OFFICIAL SALARIES
It is interesting to note the salaries that were paid to county officers in early days of the county's history. The fol- lowing is a copy of a quarterly statement of salaries paid in 1851. It recites that, We, Jonas Wescott, county judge, William C. Drake, county clerk, Samuel W. Walthawl, 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 bal- ance due us of our legal quarterly salary of $46; 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 set opposite their respec- tive names, for services as officers aforesaid, for the quarter' ending November 5, 1851.
Jonas Wescott, judge $46.00
William C. Drake, clerk .. 46.00
Samuel W. Walthawl, treasurer 46.00
Our present clerk receives a salary of about twelve hundred dollars, and our present treasurer also receives about the same, and they are each entitled to a deputy.
WILLIAM MODERMIT
A native of the Emerald Isle, settled in what has since been known as Cedar township, about September, 1846. It has been stated that he was the first settler in the county, but it is a debatable question whether he, or John Ballard, a set- tler in English township, were first. They came about the same time. Mr. MeDermit being an Irishman, his place was called Ireland. and a German having settled a few miles from
78
PAST AND PRESENT OF LUCAS COUNTY
him in the same township, his location was called Germany, and those localities still retain said names.
Mr. McDermit, although uneducated, was a man of strong common sense, and he took an active part in all movements to develop the county and benefit the settlers.
The first election of county officers was held at his resi- dence. His first home in Iowa was at the German town of Pella in Marion county, but as he said, "the Dutch crowded him out, " he sold his claim there for $1,000, and came to Lucas county. In 1847, with the assistance of Henry Harter, John Bell and Charles Reynolds of Monroe county, he built a cabin on his claim in Cedar township, Lucas county. It was built of logs, and was sixteen feet square. Having provided this home for his wife and children, he went to Oskaloosa, some forty-five miles distant, to purchase supplies for the winter. He was gone ten days, and during this time Mrs. McDermit. with her four children, the eldest being nine years old, re- mained at their cabin home. As yet there were no doors or windows in this cabin. At this time there was a band of Pottawattamie Indians encamped on Cedar creek, within a few miles of her cabin, but they were friendly and did not molest her. They procured most of their provisions for their first winter in Monroe county.
Mr. McDermit was a radical democrat; although unedu- cated, not being able to write his own name, he took an active part in political matters, and in the conduct of the business of the county. In April, 1851, he was elected as one of the trustees of the township, and at the August election in 1852. he was elected prosecuting attorney of the county over James Mitchell, the whig candidate, by a large majority, but, having failed to qualify, the office was filled by appointment.
In 1848 many new settlers came. Elijah Baldwin and his family, of Indiana, settled about a mile from MeDermit's home. Wyatt, Iverson, and D. D. Waynick came this year from Indiana. The winter of 1848 was very cold, and feed was scarce, and some of the settlers drove their stock to Mon- roe county where they could procure feed for them, to pre- vent them from starving.
The Waynicks afterwards removed to Chariton, where they took an active part in building up the town, and lived there the remainder of their lives. James Roland, who came here with the Waynick brothers, procured lands about two
79
PAST AND PRESENT OF LUCAS COUNTY
miles from the ranch of Wm. McDermit, where he and his family lived until about the year 1875.
During the year 1848 quite a member of emigrants set- tled at different points in the county. A Mr. Townsend set- tled about one and one-half miles southeast of Chariton on the lands which had been formerly occupied by the Mormons. The development of the county was too slow for Mr. Town- send. He seems to have been an active, enterprising man, who came here with the idea that he would here find oppor- tunities for speculation. He kept a hotel at his ranch south- east of Chariton, and undertook to acquire the title to the lands whereon the county seat would be located. His scheme was, after giving the county authorities sufficient lots for the use of county buildings, to obtain a monopoly of the sale of town lots, fixing thereon such prices as he might deem best for his own interests. In this he failed, and as his schemes for speculation vanished, he became disgusted with the prospects and went West. In this same year a settlement was made in the east part of Washington township by Sam- uel McKimey and Zura West, and James M. Brown, Peter Barker, Wm. R. Myers, and R. Robbins settled in what has since been known as Liberty township. In this same year, 1848, Daniel Phillips settled in Whitebreast township, and James B. Custer located in Liberty township.
In 1849 quite a number of new settlers located at different points in the county, including S. B. Chapman, Jacob Fudge, Hiram and Joseph Holmes, of Union township. Nelson Case, of Otter Creek township, and Joseph Mundell, Isham Hodgen and Joseph Stewart. of Jackson township, also came this year.
Over 15,000 acres of land in Lucas county was entered in the years of 1848, 1849, but 12.000 of this land was entered by one man, Samuel Fowler, of New Orleans. A large portion of the land entered by Mr. Fowler was timber lands. These lands were partitioned between the heirs of Mr. Fowler, by the district court of Lucas county, about the year of 1868 or 1869.
Address Delivered by Dr. T. M. Throckmorton at the Old Settlers' Reunion, Chariton, Iowa, September 24, 1907.
"In the month of March, 1856, a four-horse wagon fol- lowed by a single team was seen winding down a steep hill in
80
PAST AND PRESENT OF LUCAS COUNTY
western Pennsylvania, and entering a fork on Wheeling Creek, followed the stream for several miles, the water aver- aging in depth about one foot; finally the teams emerged from the stream and commenced the ascent of a steep hill. After one wagon had arrived at the top a team was unhitched and brought back to help the other wagon up; after frequent struggling up steep hills and mirey places the emigrants arrived at the wharf in Wheeling, Virginia, and took pas- sage on the steamboat 'Lady Bell,' down the Ohio river for that far away country called I-O-A.
"After several days teaming down the Ohio to its mouth, then up the mighty Mississippi, they came to a very small town known as 'Key-Kirk'-now it is Keokuk. There these emigrants landed; the wife and three children took the stage for Chariton, while the father loaded in his wagon as many household goods as his team could well haul, leaving the rest in storage, and followed his family. By the way, he never got half his goods on returning to Keokuk, for they had been appropriated by other needy emigrants.
"The stage coach arrived in Chariton about noon, April 16, 1856, when I, a small lad, was introduced to this town- or rather the town to me. My father, John Throckmorton, first came to Chariton in the fall of 1854, when this town was a land office, and entered several sections of land for himself and friends in Warren and Union townships. He returned in the spring of 1855 in company with his brother Morford and my mother's brother, Michael C. Lazear, and built what is known as a hewed double log house. It was a monstrous affair for this country; there were two rooms downstairs, each 14x16 feet; the same size upstairs, only the ceiling was not so high; the roof was rived oak shingles. He broke out and planted sixty acres of corn, returning to Pennsylvania in the fall after his family ; the trip I have already described.
.
"This winter of 1855-56 is said to be by the old settlers one of the severest known in Iowa history. My mother was met in Chariton by her brother, whom she had not seen for over a year, who took us in a stiff tongue wagon with a scoop bed. all over. You old fellows from Indiana, Ohio, Pennsylvania, and Virginia know all about a linch pin, stiff tongue, tar bucket, trace chain, sole leather back bands, belly bands, breeching hamstrings, rope lines, and hickory withs-don't you ? (Will digress a minute, and say, that the breeching was
81
PAST AND PRESENT OF LUCAS COUNTY
soon discarded as a necessity in this level country, but was very useful in after years in weighing hogs with the steel- yard.) Well, that's the kind of a rig that met my mother and her children at this place that balmy, sunny spring day and took us to my uncle Morford Throckmorton's, the place now adjoining the town of Derby.
"We arrived there long before dark. He lived in a log house, 14x14, puncheon door and puncheon floor, that is, boards split out and hewed with a broad axe; the clapboard roof held on by logs-you old fellows know what I am talk- ing about !- We had supper of mush and milk, and then the cousins and we young ones went out and rode the wagon tongue after which we were called in and the trundle-bed hauled out-the kids nowadays know nothing about a trun- dle-bed, or a stiff tongue wagon and its wonderful hammer. Say, you young kids back there, aged about sixty to eighty years, where is that wagon hammer? What did you do with it ? Your dad hitched up old 'Mike and Doll' to go to the tim- ber and he can't find that wagon hammer! ! You all have had your jackets well tanned for swiping that hammer. Well, we all slept in that one room, and there was plenty of room to spare.
"The next day my uncle took us over to our own house, the two-story, double log house with a ladder for stairs. A family by the name of Westfall was then living in it, and well do I remember a fat, rosy-cheeked, black-eyed girl, Velossa Virginia Westfall, who afterwards married a former towns- man and old soldier, William Monroe Fisher, who has an- swered the roll call about a year ago. He had a blacksmith shop in a rail pen when he first came to Iowa.
"The cabin on the north was occupied by William Cow- den. Just east on Chariton Creek and adjoining Cowden's was Alexander McMann's; no more hospitable people or bet- ter neighbors ever came to Lucas county than they. The old people have long since passed away. Alfred, deceased, was county recorder. Leroy, known as 'Roy' or 'Mac,' was auc- tioneer of no little renown: he, too, has passed away. His wife, 'Aunt Polly.' lives in our city : and Miss Kate, a daugh- ter, who married James Burley, an old pioneer, he, too, is gone. (Privately, some of you here have heard Wm. Bur- ley's story of going to mill-three months-yes, three months going to mill!)
Vol. 1-5
82
PAST AND PRESENT OF LUCAS COUNTY
"John Harper, hunter and trapper, dug more wells than any other man in his day. Conrod Fisher, called . Coon,' was snake bitten one morning when he went out to shoot a crow, which had been trespassing on his garden. As he kneeled down in a fence corner to keep himself from being discov- ered by that wary bird, he felt what he supposed to be a thorn; keeping his eye on the bird and putting his hand down to remove the cause, he received a sting on the back of the hand. Looking down he beheld to his horror a large rattle snake. He shot the head off the 'rattler,' and returning to his house, Granny Sackett, a neighbor woman, who had quite a reputa- tion as a doctor in various ailments, applied gunpowder ex- ternally to the wound and a liberal amount of whiskey inter- nally. 'Coon' grew worse, his limbs and body became enor- mously swollen, and on the second or third day a profuse and alarming hemorrhage from the nose set in which completely demoralized Granny Sackett. Dr. Chas. Fitch was then sent for, who staunched the hemorrhage and gave the necessary treatment and saved the life of Conrod Fisher. This staunch- ing of hemorrhage from the nose is quite a surgical procedure, and few doctors have done it or even seen it done.
"It is with profoundest respect that I recall the name of Doctor Fitch. To my mind, no other man who lived in Lucas county did more for the early settlers of this and adjoining counties, than did Doctor Fitch. Long roads, dark nights, through storms without a guide, an obscure trail, no bridges, only the sky and boundless prairies around him, the doctor traveled ; many times not arriving on account of the distance to travel or the loss of the trail, until the patient was dead. Doctor Fitch was a character, his personality was his own. A man physically well developed, with an acute inquiring mind, keen intellect, not sluggish or lazy; endowed with a natural ability to see into the complex workings of the most wonderful handiwork of God -the human body; and to interpret its ills. A man, in my opinion, who has never vet had a superior or equal in medical science in Lucas or the adjoining counties thereof. He could not tolerate a pre- tender or sham. I made his acquaintance over thirty years ago as a medical brother, and I know whereof I speak-that he was always ready to respond to ailing humanity, no dif- ference how far the distance, or condition of roads or that of the weather. Rich or poor, the doctor went the same. Doc-
83
PAST AND PRESENT OF LUCAS COUNTY
tors of the past thirty years know nothing of the hardships as compared with those of the time of Doctor Fitch.
"Dr. D. Y. Collins was another pioneer. He pulled my first tooth, and clipped my tongue, as my mother thought it would make me eloquent in after years. The operation was a complete failure, and a disappointment to my mother, but in the words of 'Happy Hooligan,' 'If me moither could only see me now.'
"Adam Fudge, or Fodge, settled in the timber on the Chariton River ; also John Connor and Monroe Dooly. Jacob Taylor came in 1852 and settled on what is known as the .Old Monroe Trail,' or 'Trace road,' along with the play- mates, Charles and Hamria Brothers, Joseph Mundell, Al- fred Connor, Simeon and Boynton Chaptman-brothers, and both noted fiddlers. Mathew Irwin, whose sons, Jackson and Guy, are now living on the old homestead.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.