USA > Missouri > Shelby County > General history of Shelby County, Missouri > Part 4
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HISTORY OF SHELBY COUNTY
them to his elaim, where he was to build his home, and then sent out his announce- ment of a house-raising and date. It did not take long to put up a cabin, as they came from near and far, and the neigh- bor who did not come, when he had heard of it, gave real offense. As a rule, there was a jug of whiskey on hand, which, of course, was a requirement to steady the nerves. After the raising, some kind of sport usually followed, which off-bal- anced all the hard licks they had been putting in, and such was the simple fron- tier life of the early pioneers.
AGRICULTURAL IMPLEMENTS.
For the special benefit of the youth of our county, an interesting comparison might be drawn between the modern con- veniences which make the life of our farmer boy a comparatively easy one, and the almost total absence of conve- niences of the early day. We will give a short description of the implements and accommodations possessed by the pio- neers as handed down to the present gen- eration. And yet the possession of all our conveniences does not silence the voice of complaint, indeed it seems that it fans it to a more consuming flame, for now we are never satisfied, while in "ye olden times" there was little complaint and much real appreciation. The only plows to till the stumpy soil that they at first had was what they styled "bull plows." The moldboards were generally of wood, but sometimes they were half wood and remaining part of iron. The farmer who possessed one of the last named had a prize and was looked upon as an aristocrat.
But these old "bull plows" did the service, and they must share the honor
with our pioneer forefathers of first turning the sod in old Shelby, as well as in many other connties of the state.
The amount of money spent by the average farmer these days would have kept a whole neighborhood of pioncer fathers in farming implements for a life- time. He spent little money in such "ex- travagances," because he had a small income, and could he have obtained our modern, easy riding plows, etc., they were not adapted to the pioneer farming requirements. The "bull plow" was probably better adapted to the stumpy, new land than a sulky plow would have been, and the old-fashioned wheat cradle did better work than would a modern harvester under their circumstances. The prairie was seldom utilized till after the pioneer days, but that portion of the country which was the hardest to culti- vate after it was ready appealed to the pioneers. It is well for the country that such was the case, for the present gener- ation, spoiled to the conveniences of the day, would hardly have cleared dense forests and been patient to the slow and trying performances of the old-time relics of pioneer days.
FISHING.
All the streams of water abounded in the finny tribe and a large supply of these could be procured on short notice at little expense and labor. There were the philanthropic settlers, who improved the fishing advantages of the country, and would never tire of relating stories of the delicious viands which the streams yielded. Sometimes camping parties, with their paraphernalia repaired to some lnerative spot-perhaps at a great distance. There, as one family, they
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HISTORY OF SHELBY COUNTY
would eat, drink and make merry. There was no danger of being ordered off or ar- rested for trespassing.
One of the shadowy circumstances of a pioneer's life was that of being lonely. The solitude of the primeval forest, with its shadows often deep, hiding the wild
beast and perchance a crafty red man, al- ways oppressed them, and how gladsome were these days of pleasure gatherings and how real and how unfeigned their true joy and fellowship, one with an- other.
CHAPTER II.
EARLY HISTORY-THE NAME-IMPORTANT DATES OF PUBLIC NOTICES-IMPORTANT PROCEEDINGS 1836 COUNTY COURT-FIRST CIRCUIT COURT-THE FIRST ATTORNEY FISTICUFF IN COUNTY COURT-MISCELLANEOUS NEWS FROM EARLY COURT DOCKETS-THE FIRST SHELBY COUNTY ELECTION-AUGUST ELECTION, 1836- AUGUST ELECTION, 1838-AUGUST ELECTION, 1839.
EARLY HISTORY.
October 1, 1812, Governor Clark issued a proclamation by which St. Charles county was organized and this Shelby county became a part thereof. Decem- ber 14, 1818, Pike county was organized and it was included in the borders there- of. November 16, 1820, Ralls county was created and Shelby was included. Then Marion county organized December 23, 1826, and this territory was "attached to the said county of Marion for all mili- tary, civil and judicial purposes," leav- ing the seat of justice far from the early settlements. From 1831 to 1834 the pres- ent territory, known as Shelby county, was virtually a part of Warren township, Marion county. But in May, 1834, the Marion county court made the following order :
"It is ordered that all that portion of territory formerly included in Warren township lying west of the range line dividing ranges Nos. 8 and 9; also all that portion of territory lying west of the boundary line of Marion county which by law remains attached to said county, shall compose a municipal town- ship, to be called and known as 'Black Creek Township,' and it is further or-
dered that the clerk of this court shall transmit to the office of the secretary of state a description of said township."
Elections in Black Creek township were to be held at the house of William B. Broughton. The first judges of elec- tion were Thomas H. Clements, Richard Gartrell and George Parker. The first justice of the peace was Thomas J. Bounds; the first constable, Julius C. Gartrell.
In November, 1834, Marion county conrt formed ont of Black Creek a new township, called North River, by the or- der which follows :
"All territory bounded on the north by the Lewis county line, cast by the range line between ranges 8 and 9, and south by a line drawn from a point in the western boundary of Warren township on the dividing ridge between the waters of Black Creek and North Two Rivers, to the western boundary of the county, is hereby created into a new municipal township, to be called North River Town- ship."
The first justices of peace for this township were Alexander Buford and Abraham Vandiver ; constable, Oliver H. Latimore. They held no elections until
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HISTORY OF SHELBY COUNTY
the township was detached from Marion county. This part of the country grew very fast, the land was inviting and, as it took on proportion, the settlers, realizing that the seat of justice at Marion was too remote, and a demand for a newly organ- ized county, with justice at hand, became a popular idea, and in accordance. Jan- uary 2, 1835, their petition was granted and the legislature granted the county of Shelby. Following is the act to organize the county of Shelby :
"Be it enacted by the General Assem- bly of the State of Missouri, as follows: "1. The territory bounded as follows : Beginning at the southeast corner of township 57, of range 9 west. thence west with the line between townships 56 and 57, to the range line between ranges 12 and 13; thence north with the last men- tioned range line to the line between townships 59 and 60, thence with the last mentioned line, east to the range line be- tween ranges 8 and 9; thence sonth with the last mentioned range line to the place of beginning, shall be a distinct county, called Shelby county.
"2. Elias Kincheloe, of Marion county ; James Day, of Lewis county, and Joseph Hardy, of Ralls county, are appointed commissioners for selecting the seat of justice for said county of Shelby; and they are vested with all the powers granted to commissioners under the law entitled 'An act to provide for organiz- ing counties hereafter established,' ap- proved Jannary the fourteenth, one thou- sand eight hundred and twenty-five,' and said commissioners shall select the place for the county seat of said county, within three miles of the geographical center of said county.
"3. The courts to be held in said
county shall be held at the house of Mr. Bronghton until the county court shall fix on a temporary seat of justice for said county.
"4. The county courts for said county of Shelby shall be held on the first Mon- days in January, April, July and Octo- ber.
"5. The said county of Shelby shall be attached to and form a part of the twelfth senatorial district, and shall, in conjunction with the counties of Marion and Lewis, elect one senator at the gen- eral election in the year eighteen hun- dred and thirty-six.
"6. The governor is authorized and required to appoint and commission three persons, residents of said county, as judges of the county court thereof, and one person, also resident of said county, sheriff thereof, who, when so ap- pointed and commissioned, shall have full power and authority to act as such in their respective offices, under the ex- isting laws, until the next general elec- tion to be held in said county.
"January 2, 1835." (See Territorial Laws, Mo., 1835, Vol. 2, p. 426.)
THE NAME.
A great dramatist says there is noth- ing in a name, and yet in the face of the assertion all mankind is curious about a name, and it, generally speaking, indi- cates a great deal. It intimates at least the character of the people who settle the country. Names sometimes fall by accident, sometimes association and again in honor. Whether it be a wise or unwise policy, the naming of counties after statesmen or generals, the legisla- ture certainly adhered to the practice to that extent that three-fourths of the
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HISTORY OF SHELBY COUNTY
counties of our state were christened after men more or less distinguished in the history of our country. and it so fol- lows in the naming of Shelby county.
The county was named in honor of General and ex-Gov. Isaac Shelby, Ken- tucky's first governor (1792), who was again honored in 1812 and 1816.
The commissioners to select the seat of justice were Elias Kincheloe. of Ma- rion ; JJames Day, of Lewis; Joseph Hardy, of Ralls.
The governor, Daniel Dunklin, was au- thorized to appoint three county judges and a sheriff "to serve till the next gen- eral election." The act provided that the courts of the county should be "held at the house of Mr. Broughton until the county court shall fix on a temporary seat of justice."
The county courts were ordered to be held on the first Mondays in January, April, July and October. The county was made a part of the 12th senatorial distriet, Marion and Lewis being the rest of the district.
FIRST COUNTY COURT.
The first session of Shelby county conrt convened at the home of William B. Broughton (Mr. Broughton referred to in the legislative act), on Thursday, April 9, 1835. The following justices were present: James Foley, Thomas HI. Clements and Adolphns E. Wood, who were appointees of the governor. Mr. Broughton lived at Oak Dale, Jackson township (section 5-57-9). By the or- der of court, James Foley was made pre- siding judge, Thomas J. Bounds. clerk, and Russell W. Moss, assessor. There being no further business court ad- jonrned for a week.
They reconvened April 17, all the judges being present. John II. Milton, appointee to the office of sheriff, was present and took the oath of office. Sam- uel J. Parker was appointed constable of Black Creek township, to fill the vacancy caused by the resignation of J. (. Gar- trell.
John H. Milton, appointee to sheriff, failed to give bond, and the May term of conrt recommended to the governor that Robert Duncan be appointed in his place.
At a special term of court May 18. 1835, Robert Duncan was appointed elizor until he could be commissioned sheriff.
At this special term the first roads were duly established : A road running from the county line between Shelby and Monroe counties, at the termination of the Florida road, to interseet a road passing W. B. Broughton's at his resi- denee.
A road from Broughton's "to where the 'Bee road' crosses Black Creek."
A road from "the large branch nearly a mile east of George Anderson's house, to the range line between ranges Nos. 10 and 11"; but. on the remonstrance of Anderson and others, the order estab- lishing this road was reseinded.
Previous to the above aets, there were no highways in the county worthy the name. The Bee roads (commonly known) were the only highways running north and south. The first justices of court were all men that ranked high as gentlemen of intelligence and experience. A. E. Wood was a New Yorker and set- tled at Oak Dale. He was a brother of the Hon. Fernando Wood and Ben Wood, of New York City, the former an honor- able politician and statesman, the latter
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HISTORY OF SHELBY COUNTY
a congressman, newspaper publisher and capitalist. Judge Foley located two miles east of Bethel, hailing from Ken- tucky. He died at Shelbyville before the Civil war. Judge Clements also hailed from the Blue Grass country. He lived near Oak Dale and died in 1850.
IMPORTANT DATES OF PUBLIC NOTICE.
It was W. B. Broughton's residence that was christened Oak Dale, in the spring of 1834, to establish the first post- office of the county, and Mr. Broughton was made its postmaster. Mr. Brough- ton got his first pointers of Mr. Obadiah Dickerson, who was the expert of the Palmyra postoffice in her early days. In the winter of 1834, Mr. Broughton real- ized the necessity of a store for the needs of the settlers thereabout and opened up a small general merchandise store in the room of the postoffice.
In June, 1835, Broughton and Holli- day received license "to retail merchan- dise for the period of one year" at the same place.
In August, 1835, W. B. Broughton was appointed treasurer and Robert Duncan collector.
The county tax levy the first year of its existence was 1216 cents on the $100. Poll tax, 371% cents. Collector Duncan, in December, reported the delinquent tax to be $2.60, due from the following per- sons : Levi Dyer, 75 cents ; William D. B. Hill, $1.00; Michael Lee, 85 cents.
In the absence of any official record on the subject, some idea of the amount tax- able property in the county this year may be gleaned from the fact that Rus- sell W. Moss received for liis services as county assessor the pittance of $12.75.
In November of the same year, a road
was opened from the county line, near what was known as Lyle's mill, on North Fabius, in Marion county, to Peter Stice's place, Betliel, Shelby county, giv- ing the settlers in the eastern and north- eastern borders of the county "a nearer cut" to mill.
In December, 1835, the plat of the seat of justice, which had been prepared by T. J. Bounds, was submitted and adopted by the County court, and the seat named Shelbyville. T. J. Bounds was ap- pointed county seat commissioner and was ordered to plat the town into blocks and lots as soon as possible.
Up to July 6, 1836. County and Circuit court was held at the residence of W. B. Broughton, Oak Dale, but on the above date the first session was held at Shelby- ville, at Abraham Vandiver's. This house was called the "Court House" un- til the completion of the court house in December, 1838.
Upon the first assembling of the County court there was no effort at changing the township division first made by Marion county authorities, but left it for years with the same municipal division, not even sanctioning the Marion County court.
IMPORTANT PROCEEDINGS 1836 COUNTY
COURT.
In February Broughton and Holliday secured a license to keep an inn and tav- ern at Oak Dale for one year, on pay- ment of $10. In May, George Parker was appointed first administrator on the estate of Jolin G. Gillis. In June, four free mulatto children were bound as ser- vants and apprentices to Samuel Buck- ner. These were children of Mr. Buck- ner by his negro mistresses. Their names
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HISTORY OF SHELBY COUNTY
(which always bears an interest) were Chinn, Peter Stice, Bryant Cockrum, Jo- Leannalı, Clarinda, Maria and Theo- doric. In June the first grocery stocks were installed in Shelbyville. James W. Eastin and Robert Duncan each secured a license to run a grocery store at $5 per annům.
On the sixth of July the first term of county court that convened in Shelbyville was held at the house of Abraham Van- diver, who built the first house in Shelby- ville. During this term a road was es- tablished from Shelbyville to the Lewis county line in the direction of Fresh's mill, on the South Fabius. This mill was located about one mile southwest of the present town of Newark, Knox county.
In the Angust term of court, William R. Ford was pronounced insane by a jury and James Ford was appointed his guardian. This was the first ease of in- sanity in the limits of Shelby county.
In 1836 the county expenditures were about $300 and delinquent taxes amounted to $5.70.
In November, Obadiah Dickerson was appointed superintendent of public build- ings, and preparations begun for the building of a court house.
FIRST CIRCUIT COURTS.
The first term of the circuit court of Shelby county held forth Thursday, No- vember 26, 1835, at the home of W. B. Broughton, Oak Dale. Hon. Priestly H. McBride, judge of the second judicial cireuit, presided.
Sheriff Robert Duncan opened court and Thomas J. Bounds acted as clerk.
The following men served on the grand jury : William Moore, foreman; George Parker, George W. Gentry, William S.
seph West, Elisha K. Eaton, Silas Boyce, James Blackford, Samuel Bell, Albert G. Smith, Josiah Bethard, Cyrus A. Saunders, Hill Shaw, John Thomas, Rob- ert Reed, Russell W. Moss, Henry Mus- grove, Ezekial Kennedy. The record re- ports "twenty good and lawful men."
The attorneys were present at this court, all coming from Palmyra: James L. Minor, John Heard and J. Quinn Thornton. Minor, who was appointed eireuit attorney, later became secretary of state. John Hearn became circuit at- torney shortly after and Thornton was a politician and editor, and later gained some state eminence as such. He edited papers at Palmyra and Hannibal, so the first circuit courts of our county were not lacking in legal lights.
The grand jury reported they had no business before them and were duly dis- charged.
The following cases were disposed of : "Graham Williams and sundry other heirs of Elisha Williams, deceased ; peti- tion for partition. Uriel Wright ap- pointed guardian ad litem for the minor heirs."
"John H. Milton, assignee of Robert Reed vs. Silas Boyce ; petition and sum- mons. Motion to dismiss sustained."
On the third day of the term, Elias Kincheloe, one of the county seat com- missioners, reported the action of the commissioners, and submitted the title papers for the land on which the seat of justice was situated. "These papers," says the record, "were examined and pronounced good and sufficient in law to vest the title in said county."
On the third day court adjourned until "court in course."
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HISTORY OF SHELBY COUNTY
The total expenditures of the term was suit, however, and had to ask a dismissal. $16.8715, as follows :
To W. B. Broughton. to house rent . .$4.00
To Robert Duncan, sheriff fees 9.50
To T. J. Bounds, clerk fees. 3.3715
The July term, 1836, the second term. was convened at Mr. Broughton's. Hon. Ezra Hunt was judge; A. B. Chambers, circuit attorney. The new attorneys ad- mitted to practice before the court were Thomas L. Anderson and S. W. B. Car- negy, both of Palmyra.
The third term of Circuit court was held in the house of Thomas J. Bounds, in Shelbyville, December, 1836. Ezra Hunt was judge; A. B. Chambers (nick- named the A. B. C. politician), of Pike county, was circuit attorney; James Lear was foreman of the jury, and William Porter was admitted to the bar.
The house of Ezekiel Kennedy was the "court house" at Shelbyville for the March term of court, 1837. Hon. Priestly H. McBride presided. John Heard was circuit attorney. The following new law- vers were admitted : Uriel Wright, J. R. Abernathy, P. Williams and W. R. Van Arsdall.
The following term met in July at the house of Thomas O. and H. W. Esk- ridge, in Shelbyville. The Hon. Mr. McBride was presiding judge, Heard was eireuit attorney, Maj. Obadiah Diekerson was foreman of the grand jury, which found the first criminal in- dietment in the county, against Henry Meadley for grand larceny. Meadley was arrested, but the charge was dis- missed and he brought suit against James Lair, the prosecuting witness, for damages for false imprisonment. Ile could not give seenrity for costs of a
No case of consequence was tried at these terms.
The March term, 1838, convened at Shelbyville, and a number of indictments were brought upon the people for gam- ing. This indulgence was in the form of amusement for dull days, but authori- ties looked upon it as a dangerous prac- tice, also as a means of "stuffing" their pocketbooks and creating a little stir, and the reform movement brought to- justice for gaming :
Bryant Cockrum, George Gentry, William Payne, Isaac Wooley, Elijah Owens and Robert Joiner, "for playing at loo"; Joseph Holeman and Abraham Vandiver, "for playing seven-up"; Elijah Owens, John Ralls and Abraham Vandiver, "for playing three-up"; Wes- ley Halliburton and Joseph Holeman were indicted "for permitting gaming in their house." Three of the parties were convicted. George Gentry was fined $2; Isaac Wooley $1, and William Payne $5. The others were acquitted, and 'twas said the indictments were resurrected through malice, and 'twas well proved that settlers only engaged in the game for a pastime.
At this term Mathias Meadley was brought before the court as a vagrant, and James Shaw was indicted for "sell- ing spiritnous liquors to be drank in his liome without a license." His case was dismissed.
THE FIRST ATTORNEY FISTICUFF IN COUNTY COURT.
The early lawyers were to hack up their arguments if the occasion de- manded, but such an emergency did not arise in our county until the July term
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HISTORY OF SHELBY COUNTY
of the 1838 court. Samuel T. Glover was a young lawyer ambitions to make his mark, and E. G. Pratt, jealous of any inroads a young lawyer might gain over lis eminence, each overzealous in his career, let their choler rise and came to blows and fought savagely until sepa- rated. Both lawyers hailed from Pal- myra. In the very presence of his honor, the presiding judge, MeBride, did they parade their angry passion. Glover was fined $10 "for contempt of court in striking E. G. Pratt." and in turn Pratt was fined for "insulting language and striking back." Then the grand jury took a whack at each of them. They were arraigned, plead guilty, and were fined $5 each. This did not cool their ardor, for Mr. Pratt was an able lawyer and Mr. Glover became pre-eminently noted throughout the state as an able, high-elass jurist. He died in St. Louis in 1884. Mr. Pratt died many years previous in Palmyra.
MISCELLANEOUS NEWS FROM EARLY COURT DOCKETS.
The first term of Circuit court held in the court house was the March term, 1839.
The first foreigner naturalized in Shelby county was Ole Rierson, a native of Norway, who took ont naturalization papers in the March, 1839, term of court.
November, 1839, a grand juror was fined $5 for appearing in court in a state of intoxication.
In July, 1842, Lney, a slave belonging to George Gaines, was convicted of arson. Her sentence was "thirty-nine lashes on her bare back, to be well laid on by the sheriff of said Shelby county." She was also to be banished from the
state of Missouri for the term of twenty years.
THE FIRST SHELBY COUNTY ELECTION.
August, 1835, was the date of the first election held in Shelby county after its organization. There were but two or- ganized townships and two voting pre- cinets at that date. The North River township polls were opened at the house of Alexander Buford; Robert Joiner, William Moore and William Chinh acting as judges.
The Black Creek township voting place was at the house of William B. Broughton; George Parker, William Holliday and Anthony Blackford acting as judges.
There were about one hundred voters in the county, and the "casting up" aggregated eighty-five votes, so the pio- neers evidently had not taken to the modern practice of stuffing the ballot box. The offices to be filled were two members of congress, one circuit and one county clerk, an assessor, and surveyor. The will of the people was also sounded on the question of holding a state con- stitutional convention. At that date and till 1846 the representatives to congress from Missouri were elected by the voters of the state at large, and not by con- gressional districts, as is now the case. All voting was the vira roce method, practiced in Missouri until 1863.
(Taken from Laws of 1863, p. 17; Statutes of 1865, p. 61.) Following is the will of the county at its first election :
Congressmen-William H. Ashley, 66; James H. Birch, 45; George F. Strother, 30; Albert G. Harrison, 30.
Clerk-Thomas JJ. Bounds, 44; Thos. Eskridge, 40.
HISTORY OF SHELBY COUNTY
Assessor -- Thos. Holeman, 42; Abra- ham Vandiver, 41.
Surveyor-William J. Holliday, 82. Convention-For, 34; against, 27.
At this election nor at any other time were the party lines strictly drawn, but it seems evident that the controlling party in the county in 1835 were Whigs, or "Clay men," as General Ashley and Mr. Birch were Whigs, while Judge Harrison and General Strother were Democrats or "Jackson men."
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