USA > Iowa > Appanoose County > The history of Appanoose County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 40
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At the election in August, 1847, George W. Perkins, E. Sears and Jesse Wood were elected Commissioners, and Reuben Riggs, Clerk.
TOWNSHIPS ESTABLISHED.
At the session of the Board, in January, 1848, the precinct system was abandoned and the county erected into townships, as follows : Center, com- prising Townships 68 and 69, Ranges 17 and 18; election to be held at the Court House. Washington, Township 69, Range 16; election to be held at Eli Bagley's. Wells, bounded by beginning at the northeast corner of Township 68,. Range 16, running south on the county line to the southern boundary of the county, thence west to range line, between 17 and 18; thence north to the township line, between 67 and 68, thence east on the township line to the range line, between 16 and 17 ; thence north on said line to township line, between 68 and 69; thence east to the place of beginning; election to be held at Jacob Coffman's. Union, Township 70, Ranges 16 and 17; polling place at G. W. Moore's. Garden Grove, comprising the west half of Wayne County and all the territory west; elections to be held at the house of John Bair. Shoal Creek, fractional Township 67, Ranges 18, 19, 20 and 21, and Town ships 68 and 69, Ranges 19, 20 and 21, with voting place at George Emer- ick's.
April 10, 1848, the work of completing the Court House was let. James Jackson got the job of sawing out the door and window spaces and the chink- ing and plastering, for $59. The remaining work-laying the floors, putting in the doors and windows, etc .- was awarded to Jesse Wood for $119.50.
All the work done on the building appears to have been paid for with lots. The tax levied by the Board in July, 1848, was as follows: County, 4 mills ; State, 2} mills ; school, } mill ; poll, 50 cents.
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351
HISTORY OF APPANOOSE COUNTY.
July 6, 1848, the Board granted E. A. Packard a license to " vend spiritu- ous liquors in any way that he sees proper for one year from date, for the sum of $25, paid in the country treasury."
The same day, the Board contracted with Thomas Cochran to dig a well on the line of the public square for $89, having first stipulated that the people of Centerville should contribute $25.
October 2, the Board voted to pay a bounty of 50 cents on wolf-scalps ; all scalps of cubs under six months to receive half the above sum.
In January, 1849, the Commissioners granted to Thomas D. Cox a license to sell liquors at Centerville.
At the same session, another sale of lots was ordered at Centerville, to be held in April following, which resulted in the sale of eight lots.
May 18, 1849, Archibald Burroughs was granted a license to maintain a ferry on Chariton River, at or within two miles of the point where the Mormon trail crossed the river. The tariff and requirements were substantially the same as in the license granted Andrew Collins in 1847.
FIRST BRIDGE.
July 16, the Board ordered that if those citizens interested would pay one- half by subscription for building a bridge across Chariton River where the State Road from Bloomfield to Centerville crossed that stream, the county would pay the rest in town lots. A subscription paper was handed in the same day, pledging $307.50 by the citizens, of which the Board considered $275 available. July 21, a contract was made with William Packard and Daniel Hollinshead for the construction of the bridge, the price agreed on being $600.
April, 20, 1850, the Board made an examination of the bridge and accepted it without the abutment at the east end, for the reason that a mill was in proc- ess of erection immediately below. The cost of the abutment, it was agreed, should be expended otherwise about the structure.
INDEPENDENCE.
July 16, 1849, Henderson Walker and others petitioned for the creation of Independence Township. The application was granted, and the bounds estab- lished as follows : Commencing at the southeast corner of Section 12, Town- ship 69, Range 19; thence north to where the range line crosses Chariton River ; thence up the river to its forks ; thence up the north fork to the county line; thence west to the west line of Range 21 ; thence south to the township line, between 68 and 69; thence east to the range line, between 19 and 20; thence north to the southwest corner of Section 7; thence cast to the place of beginning. The polling place was fixed at the house of James D. Riggs.
The people of Appanoose County must have had a good deal of faith in each other, and in the county ; for on the 23d of August, 1847, the Board ordered that the Prosecuting Attorney, Amos Harris, be empowered to act as agent of the county to pre-empt the plat of the town of Centerville, and, if necessary, to go to the land office at Fairfield, and to call to his assistance such help as he might need in the matter. This is the first step taken by the Board to secure title in the land, and nearly two years after the seat of justice had been located thereon.
Mr. Harris was also authorized to take up the warrant issued nearly two years before to W. S. Whitaker for his services as Locating Commissioner.
The officers of the August election (1849) were as follows : Center-Will- iam Bryant, Benjamin Spooner, Stephen Glasgo, Judges ; Calvin F. Spooner,
352
HISTORY OF APPANOOSE COUNTY.
Amos Harris, Clerks ; Washington-William Taylor, John W. Clancy, Eli Bagley, Judges; Cortland Harris, Walter G. Perry, Clerks; Caldwell-Fred- erick A. Stephens, William M. Cavanagh, Elisha Beard, Judges ; John Dillon, Marshall Morris, Clerks. Wells-John Bond, William Cooksey, Michael Pilkey, Judges ; A. Carpenter, James M. Scurlock, Clerks. Union-James Ewing, Elijah Thompson, Andrew Morrison, Judges ; Leven Dean, Samuel W. Woods, Clerks. Shoal Creek-Carter Troxel, George J. Emerick, Moses Kirdendall, Judges ; Peter V. Burris, G. B. Greenwood, Clerks. Chariton- Dempsey Stanley, Jonathan Scott, Noah Nash, Judges ; John Jackson, John H. Zimmer, Clerks. Independence-Levi Mondan, Bradley Collins, James D. Riggs, Judges ; F. N. Sales, John W. Knapp, Clerks. Garden Grove- George Carson, Hugh Mckinney, Elisha Hooper, Judges ; John Bair, Don Carlos Roberts, Clerks.
November 5, Taylor Township was created; the first election to be held in April, 1850, at the house of Edward Callen. Reuben Denny, Preston Underwood and Edward Callen were appointed as the first Judges of Election. The bounds are not noted in the record.
The valuation of the county property in 1849 for taxing purposes was $45,289, and the amount of tax levied was $320.15, of which $184.90 had been paid to the Treasurer and Collector, David Glass, prior to January 1, 1850.
January 8, 1850, John Udell was appointed Sealer of Weights and Meas- ures to fill the vacancy caused by the death of Thomas Cox. The same day, William Flood was granted a grocery license, at the rate of $50 a year.
At the same session, Richland Township was created, with the following boundaries : Beginning at the northeast corner of Township 70, Range 20, thence running west to the northwest corner of Township 70, Range 23; thence south to the southwest corner of Township 69, Range 23; thence east to the southeast corner of Township 69, Range 20; thence north to the place of beginning; it being the north half of Wayne County.
RECEIPT AND MEMORANDUM.
$3.50.
FAIRFIELD, January 12, 1850.
Received of George W. Perkins the sum of $2.50, my fee for assistance in entering county seat of Appanoose County ; also $1.00 paid by me to Secretary of State for certified copy of the act organizing the said county. BERNHART HENN.
Mem. of money sent by Commissioners to enter county seat :
GOLD-5 $7.80 pieces.
22 50
American gold
4 83
1 sovereign.
Total. $ 66 33
40 92
Dollars and halves. 115 00
Total. .$222 25
$200 00
Paid for land.
Paid Henn. 3 50
203 50
Balance due county
$ 18 75
The further expenses were $3.00, leaving $15.75 to be returned to the Treasury.
$39 00
SILVER-44 francs, ( 93.
July 19, 1850, James McKehan contracted with the Board to erect two additions to the Court House, each to be ten feet wide and twenty-four feet long, to be of frame, weatherboarded, and finished with battlements. The price agreed upon was $304. The same day, Thomas Cochran contracted to fence the Court House lot for $73.75.
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353
HISTORY OF APPANOOSE COUNTY.
George W. Parker, agent for the sale of town lots, reported at this session that the total value of lots sold up to that date had been $1,217.58.
April 15, 1851, Ambrose Carpenter was licensed to maintain a ferry across the Chariton River at or near Wells' Mill, in Wells Township, with lower rates than those allowed to be charged by his predecessors.
At the same meeting, Daniel P. Sparks, Deputy Assessor, filed the assess- ment roll, which showed a valuation of $310,978. The Board thereupon ordered that the taxes for the year should be : State, 3 mills ; county, 4 mills ; road, 1} mills ; school, 1 mill ; poll, 50 cents.
The last meeting of the Commissioners was held July 28, 1851, and the next entry was made by
THE COUNTY JUDGE.
This office was created by the Legislature of 1851, and Reuben Riggs was elected to the position in August of that year. In some respects, the office was an anomalous one, for the powers delegated to that officer were very great. The powers of the Commissioners, as will be seen from the foregoing abstract, were very great; and in every county organized prior to the abrogation of the Commissioners the record is full of interest, for much of the progress and growth of the community can be therein traced. The County Judge not only succeeded to the powers of the Board, but he was Judge of Probate, and could also sit as a committing magistrate. He could issue marriage licenses and solemnize the rite of matrimony. He was his own Clerk. In case of absence or death, the duties of the office were performed by the Prosecuting Attorney, and failing that officer, by the Clerk of the District Court. If the Judge was of an arbitrary disposition, he could make himself extremely obnoxious to his enemies ; and in some counties, when a man of the wrong stamp became Judge, the friction created was considerable. But, as a rule, the system worked well, for the people took much care to select men of positive ability and approved honesty ; and many a citizen of Iowa, now in private station, enjoys a local reputation, acquired by a conscientious discharge of the duties of this office, that cannot be shaken. Others, however, have deteriorated into the " common truck " who have been elected to the State Senate or to Congress.
The first official act of Judge Riggs is dated September 10. and reads :
Ordered by the Court, That the road tax is $2 on every person liable to pay a poll tax for the year 1851.
This entry closes the Commissioners' record, for which the compiler searched several hours. It was found in the Clerk's office, and is labeled " Probate, No. 1," the early probate business and the Commissioners' doings having been kept in the same book.
FIRST COURT RECORD.
The first court held in Appanoose County was a special term presided over by Hon. Cyrus Olney, Judge of the Third District, the date being September 17, 1847,-over a year after the county was organized. The first case was that of the State against George Braffit, under charge of larceny. This citizen was non est, having forfeited his bail. W. S. Townsend, his surety, was ordered to appear and show cause why judgment should not be entered against him for the amount of the bond and costs.
Jesse Buck vs. Dempsey Stanley was an appeal case on a disputed account, in which the defendant recovered 32 cents and costs.
Moses Morse appeared as appellant against Jesse Buck, but the case was continued.
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HISTORY OF APPANOOSE COUNTY.
The first divorce case was docketed this term, it being that of James J. Jackson against his wife, Mary E. The cause was continued for service by publication in the Keosauqua Democrat.
The petit jurors at this term were William S. Manson, James Ringston, Benjamin Spooner, Almanson Packard, Harvey Campbell, Calvin Spooner, Thomas Wilson, L. M. Sales, James Wright, Daniel Bealer, James Hughes, Anthony Williams.
The next term was held April 24, 1848. Jackson's marital relations were terminated the first day. The grand jury having been summoned, they retired, and presently returned with an indictment against John Gheen for the murder of Amos Condit. The Court required Gheen to give bond in the sum of $4,000, but not being able to do so, he was remanded to Keosauqua to await trial. The witnesses, Silas W. Condit, Alpheus P. Hawes, Josiah Merritt and Levi Calloway then gave recognizance to appear as witnesses at the trial. The cause was, however, terminated May 14, 1849, by the Attorney for the State declining to prosecute, and the prisoner was discharged from custody, by William Mckay, then Judge.
This murder was committed at " Trader's Point," just below Council Bluffs, probably in March, 1848. There had been trouble in that settlement in regard to a division fence, and Gheen and a few other choice spirits had assembled to remove the fence. Condit was a shoemaker, and seeing the squad assemble, repaired to the spot in his shirt sleeves to see what the trouble was about. As he approached, Gheen raised his rifle and shot him dead. Gheen afterward claimed that he believed Condit was approaching with hostile intentions. The reason of the indictment having been quashed is said to have been that Mahaska County, and not Appanoose, had jurisdiction of the case. Gheen returned to Trader's Point after his release, soon after which he disappeared, and Mr. Strat- ton, who visited Council Bluffs a year or two afterward, was informed that Gheen had " gone cat-fishing," meaning thereby that Condit's friends had revenged his death by making an end of Gheen, and depositing his remains in the turbid Missouri.
It was an uncomfortable matter for the poor tax-payers of Appanoose, for the costs aggregated about $250.
The following persons composed the grand jury at this term : George W. Perkins, James Hughes, David Bealer, E. A. Packard, Ephraim Sears, James Wright, John Overstreet, John Felkner, S. N. Sales, Jonathan Scott, Joseph Jump, Henry Allen, Edward Bryant, William Bryant, Lindsey W. Spooner, Anthony Williams.
The attorneys who attended at this term were : J. C. Knapp and Augustus Hall, Keosauqua ; Samuel Summers, Ottumwa ; "Peg-leg" Perry and Samuel McGaharan, Bloomfield. They were fed and housed by Powers Ritchie and · A. Packard.
The Court House not having been completed, court was held at Wadling- ton's store, and the juries deliberated in James Hughes' blacksmith-shop.
At the September term, 1849, David Benner obtained a decree of divorce from his wife Margaret.
At the same term, "on motion, in open court, of J. C. Knapp, Esq., Powers Ritchie produced in court a license from the Supreme Court of Iowa to practice as an attorney and counselor at law and solicitor in chancery ; thereupon, the said Powers Ritchie took the oath required by law."
The following served as petit jurors at this term George W. Swearingen. Luke Alphin, Hiram Glasgo, George W. Benner, Thomas S. Richardson, Ben-
NATHAN UDELL M.D. CENTERVILLE
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HISTORY OF APPANOOSE COUNTY.
jamin Spooner, Dire Loteridge, Stephen Glasgo, Lindsey W. Spooner, William Crow, Samuel Stewart, Joseph Jump.
The following composed the grand jury at the May term of court in 1850 : Cortland Harris, Silas Roby, Joel Tomelson, A. W. Cooley, J. H. Curtis, Jacob Dye, James J. McMullen, William C. Evans, James McCarroll, Jesse Buck, Jonathan Money, Adam Wafford, James J. Jackson, John Wood, William Wells, Amos Cochran. The petit jurors were William Taylor, Henry Taylor, James R. Wright, Benjamin R. Reed, William Taylor, Robert Mitchell, Joel Worthington, Wiley May, William Crow, William Swank, Solomon George, Isaac Fuller, Joseph Baldwin, Henry Miller, Richard A. Jeffers, William Chadd.
The grand jurors at the spring term of court in 1857 were : Joseph Delay, Edwin R. Wright, Lewis W. Rollston, William Cavanagh, James Hibbs, John Wilkinson, A. S. Stone, Hiram McDaniel, John Crow, John Taylor, John T. Pollack, Shubael Fuller, John F. Overstreet, Franklin N. Sales, Joseph B. Walker, David Burns, Vincent Glasgo. The petit jurors were James D. Riggs, Robert C. Baker, Leven Dean, Joel Blakely, Squire Carter, Samuel Stewart. David Barnhouse, Joseph McClard, Eli Bagley, Gilbert McCoy, John Hudson, John H. Ringston, Jonathan Davenport, Elisha Sawyer, Benoni L. Packard. Both juries served two days. Four divorces were granted at this term.
EARLY PROBATE MATTERS.
The first order of Benjamin Spooner, Judge of Probate, is dated November 21, 1846, and directs William Clayton, of Van Buren County, to administer on the estate of Solomon Gable, deceased. Soon afterward, Clayton reported the assets to be $44.88, and the charges against the estate to be $247.26. The Judge thereupon directed Clayton to sell eighty acres of land in Van Buren County for the purpose of paying the debts. This is thought to have been the second death in the county.
The next case is dated May 12, 1847, and appoints F. F. Foster, of Davis County, administrator of the estate of William Bratton, Sr. Foster resigned his charge February 10, 1848, and James Wright was appointed to conclude the trust.
March 11, 1848, Judge S. F. Wadlington appointed Nathan Bartlett guardian of John Bartlett, a minor, and instructed Nathan to proceed to sell 320 acres of land in Lee County for the said minor's benefit.
April 26, 1848, Robert Trimble was appointed guardian for Edward Good, at the request of the latter.
October 10, 1849, Greenup Stark gave bond, with William Pewthers and Thomas S. Richardson as sureties, for the faithful discharge of his duties as administrator of the estate of Jeremiah B. Stark, deceased, which was accepted by Judge Wells.
The same day, Judge Wells approved the bond of Ira Tucker, administrator of the estate of Benjamin Veach, deceased. Tucker's sureties were Solomon Howard, A. G. Doom, John A. Wisdom and Solomon George.
The same day was filed the bond of Sarah, widow and administratrix of Archibald Burroughs, deceased, the other signers being William Cooksey, John Pilkey and John W. Wells. Burroughs had personal property which was ap- praised at $1,548.12, of which amount $400 was in cash.
July 2, 1850, James Holmes, guardian of Benjamin A. Shafer, applied for leave to locate a land warrant for the benefit of his ward ; but, on the same day,
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358
HISTORY OF APPANOOSE COUNTY.
the boy's mother asked to have the order rescinded, and herself appointed' guardian, which was done, and she was authorized to sell the warrant.
On the same day, Thomas T. Holloway was appointed administrator of the estate of Nancy A. Holloway, deceased.
June 3, William S. Manson, as administrator of the estate of Jesse McElroy, applied for leave to sell a land warrant, on twelve months' credit, for the sum of $150.
The same day, Sally and Elizabeth Wollery asked that Samuel Mitchell be appointed as their guardian, for the purpose of collecting a portion of their father's estate in Lawrence County, Ind.
At the same term, William S. Manson was appointed guardian for the chil- dren of James McKehan, deceased, and William Packard was likewise appointed guardian for James J. and Alanson M. Packard.
February 4, 1851, Amos F. Childers asked Albird F. Thompson, Judge of Probate, to appoint Thomas Wilson as his guardian.
March 4, James Nickell was appointed administrator of the estate of John Nickell, deceased.
July 6, George W. Perkins filed an inventory of the property of John McElroy, deceased.
EARLY MARRIAGES.
The first recorded marriage in the Clerk's office is that of John Manly Packard to Mary Bond, the solemnization having been made by William B. Packard, Justice of the Peace, on the 10th of September, 1846. The groom was twenty-four and the bride eighteen years old.
The succeeding marriages up to 1850 were : Dillard Collins to Hetty Glasgo, by W. S. Manson, Justice of the Peace, February 28, 1847; Demp- sey Stanley to Mrs. Matilda Ellington, by James McCarrol, Justice of the Peace, March 4, 1847 ; William Van Buskirk to Sarah Johnson. by S. F. Wadlington, Justice of the Peace, August 19, 1847 : Sydenham Mills to Ada Shaffer, by William Pewthers, Justice of the Peace, October 7, 1847; Thomas B. Arnold to Brunetta Lynn, by Rev. John C. Ewing, September 23, 1847 ; William Smart to Hannah Catharine Zuck, by C. Zuck, Justice of the Peace, October 7, 1847; James G. Childers to Anna Campbell, by William Pewthers, Justice of the Peace, November 8, 1847 ; John Barker to Louisa Shaffer, November 11, 1847; Carter Troxwell to Rebecca A. Kirkendall, November 14, 1847 ; Calvin L. Smith to Marilla Haskins, Dec. 16, 1847; James McCarrol to Mrs. Elizabeth Gable, Dec. 16, 1847 ; John Scott to Mary Thompson, March 9, 1848; Nathaniel Moore to Elizabeth Blaylock, March 12, 1848 ; Franklin N. Sales to Zernilla Berkshire, April 3, 1848; James D. Riggs to Lucinda Barker, April 13, 1848; George W. O'Neal to Sarah J. More, May 4, 1848 ; John T. Harrison to Margaret E. Dougherty, December 21, 1848; Calvin F. Spooner to Nancy Browning, January 4, 1849; Thomas Tucker to Mary Thompson, February 18, 1849; James J. Jackson to Mary Ann Benner, Feb- ruary 25, 1849 ; Ira Perjue to Sarilda E. George, March 8, 1849; Daniel Bagley to Missouri Wood, May 10, 1849; David Stewart to Eliza J. South- field, June 10, 1849; James Murray to Martha Robertson, June 11, 1849 ; James Hughes to Melissa Packard, July 26, 1849; Joel Elam to Elizabeth Throckmorton, June 21, 1849; John Moore to Mary Elam, July 12, 1849 ; Samuel W. Woods to Lucy Anna Orberson. September 6, 1849; Thomas. Brandon to Ruth Barker, September 13, 1849: David Benner to Lorinda Fuller September 30, 1849; Ferdinand Smith to Martha Level, September 30, 1849 ; John Bartlett to Martha Ann Stark, October 14, 1849; Simpson
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HISTORY OF APPANOOSE COUNTY.
Cupp to Miss McDaniel, November 4, 1849; Benjamin Fairly to Mary A. Humphrey, November 18, 1849; James R. Wright to Melissa Glass, Novem- ber 29, 1849; Charles L. Jones to Martha Bullington, December 6, 1849 ; Christopher Benner to Lorain Fuller, December 25, 1849; George Kirby to Eliza Ann Kirby, December 28, 1849.
Twenty marriages were celebrated during 1850, and twenty-one in 1851.
PIONEER JURISPRUDENCE.
Probably the oldest docket now extant in the county is that of S. F. Wad- lington, Esq., now reposing quietly in the vault of the County Recorder. It is made of sheets of unruled paper, stitched together with an awl.
The first case entered bears date April 14, 1847, and is no less than a con- tested election, wherein Walter G. Perry brings suit against Christian Zuck. On that day, the docket indicates that a Board of Arbitrators was made up, composed of S. F. Wadlington, James McCarrol and William Pewthers, all being Justices. The case was heard on the 15th, when the defendant moved the Court that Perry give security for the costs, which was sustained by the Bench, and the cause continued till the 17th. The plaintiff having neglected to file the required bond, Zuck asked that the case be dismissed, which was done, and he took his office. No attempt was made to "go behind the returns" by Perry.
In May, a transcript was sent from Bloomfield to Justice Wadlington, recit- ing that Joseph Jump, Sr., had been beaten in an assumpsit case in the United States Court, in September, 1845, and calling for $12.94 costs from Jump. An execution was issued, but it was satisfied on the 27th by Joseph B. McCoy, a friend of Jump's.
In a case tried in September, 1847, it would appear that the use of a yoke of oxen was worth 50 cents a day. In the case of P. M. Dodge against Jacob Hoffman, tried in May, 1848, on account, the items are furnished. A two-horse wagon cost $75; corn, 20 cents a bushel; making rails, $5.00 a thousand ; hogs, $1.97 to $5.00 each; lard, 6 cents a pound.
A case is related of a Justice of the Peace near Cincinnati, who, some twenty years ago, was being badly hectored by an attorney, and had completely lost his patience. The Justice had begun to rule unfavorably on some of the attorney's motions, when the latter, without meaning anything of the sort, declared he would have to appeal the case. "Appeal it and be d-d !" roared the custodian of the Code of Iowa. " You can't fool around in this Court any longer. Constable, adjourn the Court !" And adjourned it was, nor could the persuasion of the other attorney avail to induce the Juctice to go on with the hearing, although the troublesome lawyer offered an ample apology.
An old docket shows that one citizen allowed a balance of $2.45 on a coffin to stand due for nearly a year, for which he was sued. He paid it in just a week afterward.
Another case appears, in which a woman was plaintiff in a suit on a prom- issory note. The defendant paid it in a few days, as attested by the plaintiff making a mark, apparently not being versed in penmanship.
Very few criminal cases appear on the early dockets, most of the actions being for debt, and usually paid off very soon after judgment was ren- dered. The pioneers seem to have been anxious to maintain their personal credit.
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