USA > Missouri > Shelby County > General history of Shelby County, Missouri > Part 7
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For the defense several witnesses tes- tified to Upton's quiet, peaceable char- acter. One witness said : "He is a peace- able man until you get him roused."
GEORGE LIGGETT.
In September or October, just before Thomas was killed, witness had a con- versation with Thomas ; this was the first time witness had ever seen Thomas; they were passing by Upton's and wit- ness asked Thomas who lived there and Thomas said: "Old Phil Upton"; said I would find him out soon enough : that the whole of 'em were "a d-n onery pack"; witness said, "How?" Thomas
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HISTORY OF SHELBY COUNTY
said "every way"; Thomas asked me ing face to face talking, and that they what would be the consequence if he were to catch a man out and beat him nearly to death-what would be the law; I told him I did not know the laws of the state; told him it might be a dangerous thing to attempt : asked him how big a man Upton was: I said he might get the advantage of him; Thomas said he was not afraid of that and laid his hand on his breeches pocket and said, "I have something here in that case"; said he had a pistol for him; besides, Thomas said he intended to have a man by to help. Sometime after this witness told Upton what Thomas had said.
MISS ALCINA UPTON.
On Christmas morning, witness and her little sister had been up in the field with her father and had returned nearly to the house: as they came up nearly to the house, Jefferson Shelton and Thomas were standing by the corner of the house talking. She heard Thomas say to Shel- ton, "Jeff, let's go up to the field and fix that d-d old rascal"; they passed along the road with that, and she and her little sister turned and followed them; they went a little way up the road and Jeffer- son Shelton shot a pistol off at their dog that was coming down the road ; witness and her sister passed on at the forks of the road; one of the roads went by Michael's, the other passed where her father was in the field ; when Shelton and Thomas came to the forks one took the road to Michael's, then the other one started over and started toward Michael's. Witness swore that after she passed the forks of the road she looked back and saw Shelton and Thomas stand-
turned and got on a log and looked toward the field. When witness got up to her father her little sister was telling him what they had done and said; that her father said nothing, but turned and walked toward the men; that Shelton and Thomas came up, one on the right, the other on the left, and that Thomas had his hand on a pistol which was partly drawn from his breeches pocket; that Shelton struck at her father just as he got to his gun ; that her father picked up the gun, stepped back and shot Thomas, then turned and struck Shelton with the gun ; that the gun knocked Shelton's hat off and that he picked it up and ran; then her father went to the house; wit- ness did not know why her father took his gun to the field with him; that he went to the field about 9 o'clock in the morning.
Peter Greer swore that Thomas made to him the damaging statements affect- ing Miss Upton's character before re- ferred to : that he (Greer) had told Mr. Upton what Thomas had said. Mr. Greer also stated he arrested Upton at home without difficulty; that he went up late at night and found Upton lying before the fire fast asleep.
Greer hailed, was invited in, and told him: "Upton, you will have to go withi me." "Certainly; I will go with you anywhere," was Upton's response.
Lewis Scobee testified he saw Thomas pick up a fire stick at Michael's once and remark, "I'd like to get a liek at old Phil Upton's head with this, the d-d old --. " Thomas also said: "I intend to devil and aggravate him until he leaves the country."
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HISTORY OF SHELBY COUNTY
STOCK RAISING AND SHIPPING.
As previously stated, farming and stock raising was taking a prominence in Shelby county in the 40's and taking on some proportions as a business. From 1844 the farmers of the county engaged in stock raising and breeding, while oth- ers turned their attention to buying and shipping. Russell Moss and Barton W. Hall had each imported some fine breeds of hogs and others had imported the merino and other fine breeds of sheep.
Henry Louthan and Parsons went into the stock business on a large scale and both raised and bought stock. Pork packers from Palmyra and Hannibal came into the county and monopolized the market and bought all the pork at their own prices. Mr. Holliday, in his history written and printed in some of the newspapers found on the old files, says they graded the prices so that hogs weighing 200 lbs. or more would bring in about $5; a porker weighing 198, he would be graded to bring $4.75; if he weighed 150 lbs., he would bring $1.50; but no matter how much over 200 lbs. of meat they got they only paid the $5, and beef was similarly graded, being about $25 per head.
Mr. Holliday goes on to say that the farmers sometimes revolted against the "steal" or "starvation prices" they then termed them, under the grading system, and launched out on their own hook. Mr. J. B. Marmaduke had two very fine steers, which weighed 1,800 lbs. each, and he tried to sell them on the foot at home. The best offer he could find was $30 per head. He vehemently refused the price and proceeded to demonstrate what he could do. He sent them to Han-
nibal, had them slaughtered, packed and shipped. His agent sent him a return of his sales, which, when the accounts were balanced, left him $8 liabilities after tak- ing both of his steers in his assets. Mr. Marmaduke also shipped a heavy erop of navy beans and Mr. Vandeventer a good crop of wheat, with about the same success.
The wheat crop dwindled in value and importance after 1842 for some years thereafter, and then came to be looked upon as uncertain, vet good crops were often harvested, especially so on new lands. The price of hemp, which was a good yield, became so low that the farm- ers abandoned it for tobacco, which he- came a popular industry and always brought a cash price, though prices varied and were sometimes low.
THE FIRST JAIL.
In the year of 1846 was Shelby coun- ty's first jail erected. Offenders of the law, she had many before this date, as the records show, but the county had been on a strain in the rapid march of improvement, that she had found plenty of places for investments, she consid- ered better made and considered it wiser and cheaper to board out her convicts than to build and maintain a building for their accommodation, but May, 1846, marks the date for a new jail in which prisoners could be kept at home. The first prison was built on the same site as the present one, just north of the court house, on the north side of the public square. The contract was let to Russell W. Moss, and William Gooch was the commissioner. Following is the plan of the first prison house :
The material was of hewed logs, twelve
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HISTORY OF SHELBY COUNTY
inches square and cighteen feet high, with cracks between not more than one and one-half inches wide. The sleepers, or lower wall, was laid with logs the same as the top and sides, and the floor was laid with two-inch oak plank, well spiked down. There were no windows in the lower part, called "the dungeon," except holes 12×18 inches on the cast, north and south sides, which were se- cured by iron grates. Then there were logs twenty fect long of the same size built around the dungeon and seven feet higher, which made a room eighteen feet square. The space between the outer and inner walls was filled with limestone broken into pieces the size of apples. There were steps to go upon the outside of the building to a door which entered the upper story; then a trap door, by means of which the dungeon was reached. The floor of the upper room was similar to the dungeon floor. The old-timers called the upper room the debtors' prison, while the lower was con- signed to criminals. The jail cost about $600. In sketches by Mr. Holliday is handed down the following jotting: At that time there was a law in Missouri providing that a creditor might put a debtor into prison and keep him there until the last farthing was paid, or until he had given up all property he owned under oath, when he was relieved under what is termed the "Act for the benefit of insolvent debtors." This was why we had a debtor's prison. The outside of the jail was weather-boarded and looked like a common frame house.
The aet, however, of abolishing the act of imprisonment for debt was abolished in Missouri when an enactment was
passed by our legislature in January, 1843, setting such a law as null and void.
Mr. Holliday also says: Among the first prisoners placed in our new jail were two brothers from Schuyler county, who were charged with stealing hogs. Joshua M. Ennis was sheriff at the time and his father kept the jail.
He gave the prisoners their meals through the trap door. The weather was not very cold, yet they complained of its severity, and the jailer had a stove put in the jail for their special comfort.
Several times, upon opening the trap door, he discovered the lower room full of smoke. When he inquired of the pris- oners if they were not uncomfortable on account of the smoke, they replied, "Oh, no; the smoke all rises upward, so we don't feel it down here." One morning Mr. Ennis made his regular visit to the jail with his prisoners' breakfast, but was astonished to find that the birds had flown. Further discoveries showed that they had burned a hole through the floor and wall and made their escape. They were polite enough to leave a letter di- reeted to the sheriff, in which they said he had treated them well, and that they liked their boarding house, but that their business needed their immediate per- sonal attention so much that they were compelled to leave ; if, however, they had occasion to stop in town at any future time they would stop with him. The court had the house repaired and in a short time another hole was made in the same place by an escaping prisoner, when the court, finding the jail unfit for any further use, sold it and had it re- moved.
49
HISTORY OF SHELBY COUNTY
CALIFORNIA EMIGRANTS.
Doubtless the desire for gold has ever been the mainspring of all enterprise and progress from the days of the patriarchs up to the present time, and will continue so to be to the remote ages. Generally, however, this greed has been evident in all the busy thoroughfares of thrift and industry. On some occasions, however, it has passed beyond the bounds of rea- son, and assumed the characteristics of a mania. The gold fever broke out in the latter part of 1848, when the stories commeneed to float about the wonderful riches of the placer mines of California, and worked into a frenzy, not only the people of the West, but the entire re- public.
The excitement grew daily, and the re- ports were repeated, exaggerated, from mouth to mouth and from settlement to settlement, until nothing was talked of but the feats of the California gold dig- gers. The papers were replete, each one picturing more graphically the details of the yellow dirt, its marvelous richness and its vast territory.
The excitement ran so high that the most conservative were infected with the contagion, hurriedly left their homes and all that was dear to them to battle with the uncertainties of hunting gold. Day after day and month after month, these early settlers watched daily the papers to read their fabulous tales of the west- ern gold fields, and instead of dying ont the fever rose higher and higher, and it is said, at one time, there was not an able-bodied man in Shelby county but contemplated and planned a trip for later on in the spring or summer, for even the most sober and stable minded
could not repel the temptation, so hemmed in on all sides was he by the one topic and desire, and the stream of emi- grants ever passing on every side and in conditions of travel. Some of the emi- grant wagons were drawn by cows, while others footed it through, drawing a hand cart which earted their clothes and hard- boiled eggs and corn dodgers. Only to get to California and all riches would be at their feet.
It was a scene beyond description. One continuous line of wagons and footmen. from the Orient to the Occident, one continuous line and like a cantankerous tumor, drawing and pulling from every highway to the main thoroughfare, the road to California. Ho! to California ! Shelby county, new as she was, was caught in the whirlwind and turned to face the hardships of the crowded frontier of the gold fields. They started out at the beginning, but the main emigration commenced in 1850. Some of them made great sacrifice to obtain the necessary ontfit, and most often it was a disastrous investment, for to the average, the in- vestor did not find "pay dirt" and many never succeeded in reaching home again. The suffering was great, because of the congested conditions, and some who went from here found no peace until they lay down to sleep-never to return to all that earth held near and dear to them. Some of the Inekier ones made comfort- able little fortunes and were able to re- turn to their loved ones with nuggets of gold for their hire.
Among those from Shelby county who went out in 1849 were: John F. Benja- mine, J. M. Collier, William Dunn, John Dickerson, Capt. J. A. Carothers, Dr. Mills, C. M. Pilcher, Benjamin Forman,
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HISTORY OF SHELBY COUNTY
"Boh" Marmaduke (slave), Calvin Pilcher, William Robinson, Charles Rackliffe, Lafayette Shoots, "Joe" Dunn (slave), William, Jolm and Robert Montgomery.
Among those who listed in 1850 were Adam Heckart and Newton and Robert Dunn.
AUGUST ELECTION, 1841.
Clerk of Courts-Thomas J. Bounds, 224; John Jacobs, 198.
Assessor-Abraham Mattock, 163; Alfred Tobin, 130; Joseph C. Miller, 71 ; George W. Gentry, 44.
At this election there were five town- ships in the county, Black Creek. North River, Salt River, Jackson and Tiger Fork.
ELECTIONS-1840 PRESIDENTIAL ELECTION.
At the Presidential election in 1840 a full vote was cast and in the county it was a close vote. The Van Buren or Democratic electors received 233 votes ; the Harrison or Whig electors, 226; Democratic majority, 7.
The political campaign this year was, perhaps, the most remarkable one in the history of the country. The greatest en- thusiasm was awakened in the Whig ranks for their candidates, General Har- rison and John Tyler-" Tippecanoe and Tyler, too"-and they swept the country against democracy. In this county about the first political enthusiasm came of this year, being held by both parties at Shel- byville and also at Oak Dale. In 1840 there were six townships in the county, Black Creek, North River, Salt River, Fabins, Tiger Fork and Jackson.
AUGUST ELECTION, 1844.
Governor-John C. Edwards (Dem.), 245: C. H. Allen (Ind. Dem. and Whig), 173.
Congressmen-(Five to be chosen). Regular Dems. or "Hards": Sterling Price, 231; John G. Jamison, 229; John S. Phelps, 229; James B. Bowling, 232; James H. Relfe, 234; Ind. Dems. or "Softs": L. H. Sims, 178; T. B. Hud- son, 185; Ratcliffe Boone, 186: Jolin Thornton, 182; Augustus Jones, 180; Jo- sialı Fisk, 5.
At this time the Democratic party in Missouri was divided into two factions, the "Hards, " who favored hard money or state bank money on a metallic basis and no bills less than $10. The "Softs" favored bank bills of $1, $2, $3, $4, $5. and leaned toward the Whig idea of free banking.
Senator-Robert Cronghton (Dem.), 221; Addison J. Reese (Whig), 227.
Representatives-Russell W. Moss, 254; John W. Long, 249.
Sheriff-Gilbert H. Edmonds, 296; William J. Holliday, 209.
County Judges-S. B. Hardy, 292; John Dunn, 229; James Foley, 222; Perry B. Moore, 175; Thomas Lane, 147; Abraham Vandiver, 145; Robert Givens, 94; Levy Brown, 87; Thomas O. Eskridge, 57; Alexander Gillaspy, 49.
Assessor-William H. Vannort elected. Coroner-James Patterson elected.
C. H. Allen lived at Palmyra and was an eccentric character, with a personal- ity quite his own, and was commonly known as "Horse" Allen. He was a lawyer of noted repute, having served a term or two as circuit judge. At one time, it is told, when presiding over
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HISTORY OF SHELBY COUNTY
court he had to contend with an attorney small in stature and of the chatterbox style, and at last he exlaimed : "I'll let you know I am not only judge of this court but a 'hoss' besides, and if you don't sit down and keep your mouth shut, by - I'll make you!" This year he made the race for governor on the Independent ticket against Judge Edwards, but was defeated by a ma- jority of 5,621, the vote standing: Ed- wards, 36,978; Allen, 31,357.
At the Presidential election in 1844 the vote of the county stood for Henry Clay and Theodore Frelinghuysen (Whigs), 244; for James K. Polk and George M. Dallas (Dems.), 209. Whig majority, 35.
At the Presidential election in 1848 the
vote was : For Cass and Butler (Dems.), 263; for Taylor and Fillmore (Whigs), 175. Democratie majority, 88. John MeAfee, Democrat, was elected to the legislature.
In the legislature in 1847 Mr. MeAfee in the floor disenssion on the "Jackson resolutions," the member from Shelby supported the resolutions, being a strong anti-Benton man. The next year, when he was a candidate for re-election, he was defeated by John F. Benjamin, who had first returned from California. Mr. Benjamin was brought out by a faction of Democrats led by J. M. Ennis, and was both an anti-Benton man and an anti-Jackson Resolution.
CHAPTER V.
HETEROGENEOUS-ELECTION OF 1852-POLITICAL CAMPAIGN OF 1856-PRESIDENTIAL ELECTION, 1856-THE "KNOW NOTHINGS"-ELECTION OF 1858-SLAVERY DAYS -1860 PRESIDENTIAL CAMPAIGN-THE SITUATION IN 1860-STIRRING TIMES AFTER THE ELECTION-INCENDIARY TALK.
HETEROGENEOUS.
The Shelbyville Spectator, the first newspaper of the county, was established at Shelbyville in the spring of 1853. F. M. Daulton was its first editor and pro- prietor, later associating with him James Wolff. The office was located near the northwest corner of the north side of public square and the building burned to the ground about a year later.
The winter of 1856-57 was a very se- vere one. Mr. Holliday says :
"The winter of 1856-57 was the hardest winter I ever experienced. Early in October there fell a great deal of rain, after which it turned cold and the ground froze hard; an- other rain foll and another freeze followed. Such was the weather during the entire winter. Sometimes the mud was so deep that the eattle could find no place dry enough to lie down on, and there was no spot in the field to place feed for the stock, and consequently quantities of feed was wasted. The feed being expended early, the stock fared badly, especially as the grass was late in eoming up the following spring, not making its appearance until about the 25th of May. Many cattle died from ex- posure and want of provender.
A market was opened in Iowa for
milch cows, as that state was being rapidly settled, and during the early part of the spring mentioned some men bought up a drove of cows, destined for the Iowa market, but owing to the back- wardness of the season, they did not start until about the 10th of June, when, finding insufficient grass to maintain their herd, they were forced to stop at Salt river and remain in the bottoms, waiting for the grass to grow. They finally reached their destination in Iowa, where they realized a good price for their eattle, but having to buy feed for two months longer than they expected, the expenses took up all the profits and the speeulation did not prove a suceess- ful one.
In January, 1855, snow fell to the depth of twelve inches, followed by a high wind, which kept the snow moving for eleven days, so that breaking or mak- ing of roads was a thing impossible. The road that was tracked down during the day was so filled at night that not a trace could be found the next day. On the prairies the strong northwester carried the snow skimming along and deposited it in great heaps and furbelows on the southeast territory, while the wheat in great fields was left exposed to the frigid weather which followed and left it a des-
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HISTORY OF SHELBY COUNTY
olate field. In places the "beautiful" was piled up over fences and people in sleighs and sleds could take the shortest ent to their destination.
May 12, 1855, there was a heavy frost, killing all the fruit, and what little wheat had withstood the winter was in heading and the frost killed the greatest part of it.
The fruit and leaves on the mulberry trees were killed, the trees put forth a new growth and fruit that matured."
Records show that in the summer of 1855 (and records differ on the date, some claim 1857) there was considerable agitation on the road subject, wanting a new road to Shelbina. A petition was pre- sented to the county clerk, praying the court to change the state road from Shel- byville to Paris, its then location, and cause a new road to be made, running from Shelbyville to Walkersville, thence to Shelbina. The court appointed three commissioners and instructed them to make a study of both roads and report statistics. After deliberation, the com- mittee reported in favor of the estab- lished route. The friends of the new road were dissatisfied and a second con- sideration was given the project. A second committee, all new members, was appointed, and the report was the same as the first. Again the Walkersville dele- gation succeeded in a new hearing before the court, a new committee was ap- pointed and the report remained m- changed. Then matters were righted by the establishment of a county road cross- ing Salt river at Walkersville, while the old state road, established by the 1836 legislature, running from Paris to the mouth of the Des Moines river, was left
at its original and present place of cross- ing, at the old Dickerson ford.
In July, 1855, the contract was let for the building of the offices of clerks of the county and circuit courts, attached to the court honse. J. M. Ennis was made com- missioner. The contract was let, satis- factorily complied with, and in 1858 a cupola was built at a cost of $325. S. P. Eagle, of Shelbyville, was its builder.
In the spring of 1856 there were ex- traordinary floods in the county, the wa- ter swelling to unusual heights. Salt river and North river were at their maxi- mum heights, though some lay claims North river never exceeded her 1844 limit.
In the year 1859 the Hannibal & St. Joe railroad was completed through the county. (See its history.)
During the troublous times in Kansas (1854-58) regarding whether it should be admitted into the Union with or with- out slavery, a handful of our men went out under the auspices of the pro-slavery party of Missouri to help make Kansas a slave state. Not more than a dozen went and only to soon return. They were there long enough to vote, which was their sole purpose in going.
In 1859 the Pike's Peak excitement carried off a number of our citizens, but for only a short stay. From Shelbyville there went forth to Congress M. H. Mar- maduke, George Gillaspy, Daniel Brant, Jenkins Bethards and a free colored man by the name of "Jim" Givens.
The party started for Denver, but meeting hundreds who had been there and found only fairy tales had been told, they turned back at Cottonwood, Kansas, and returned to Home, Sweet Home.
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HISTORY OF SHELBY COUNTY
ELECTION OF 1852.
In the Presidential election 1852 the Democrats carried the county for Pierce and King over Scott and Graham, the Whig candidates, by a good majority.
Records show the vote of but five town- ships and they were as follows:
Pierce & Scott &
Townships-
King
Graham 142
Black Creek
147
Bethel
109
15
Tiger Fork
4
9
Taylor
11
10
Jackson
38
26
309
202
This was the last year that the Whig party, as a party, put forth a Presiden- tial ticket.
POLITICAL CAMPAIGN OF 1856.
A most intensely exciting political con- test was that of this year, especially in Missouri. Not only was it a Presiden- tial year, but a gubernatorial year, and besides there were congressmen and county officers to eleet. Only two Presi- dential tickets were voted in our county, the Democratic, headed by James Buch- anan and John C. Breckenridge, and the Native American or "Know Nothing," headed by Millard Fillmore, of New York and Andrew Jackson Donelson, of Tennessee. This was the year the Re- publican party first put out a candidate, receiving no votes in this county and but few except in the northern states.
Benton was an Independent Democratic candidate, with J. W. Kelly, of Holt county, for lieutenant-governor; the "American" candidate was Robert C. Ewing, of Lafayette, with William New- land, of Ralls, for lieutenant-governor. Colonel Benton was making his last fight for political existence and he was a va- liant soldier. He canvassed from town to town throughout the state.
And he was a man of strong person- ality and cherished many warm friend- ships throughout the state, who still re- main loyal to him and honor him as a master statesman and rear marble stat- uary to his memory.
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