History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences, Part 75

Author: Pease, Ora Merle Hawk, 1890-
Publication date: 1886
Publisher: St. Louis, National Historical Company
Number of Pages: 1260

USA > Missouri > Livingston County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 75
USA > Missouri > Caldwell County > History of Caldwell and Livingston counties, Missouri, written and compiled from the most authentic official and private sources, including a history of their townships, towns and villages, together with a condensed history of Missouri; a reliable and detailed history of Caldwell and Livingston counties--their pioneer record, resources, biographical sketches of prominent citizens; general and local statistics of great value; incidents and reminiscences > Part 75

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).

One of the first deaths among adults was that of Edward Elliott in the summer of 1837. Elisha Bucher was the administrator of the estate, the first administrator appointed by the Livingston county court.

At the first term of the county court held in 1838, E. Dornaby was appointed assessor (or " cessor ") for that year. At this session an incident happened which threw many of the " prominent " men of the county into quite a state. The hard times which followed the suspen- sion of the old United States bank were felt even here in the back- woods. Money was very scarce - hard to borrow and harder to pay back. Nearly every one was strapped. Suddenly appeared Sheriff Jennings with $603 in good hard cash, the county's share of the " three-per-cent fund," obtained from the State - a fund distributed among the counties to aid in the construction of roads and bridges. The county court seized upon the money and voted to loan it out. In fifteen minutes the entire sum had been loaned on twelve months' credit at 10 per cent interest. W. E. Pearl, Jesse Nave, Wm. O. Jennings, C. H. Ashby, Wm. F. Ewell, Evan Odell, Giles Woolsey and James L. Austin were the borrowers. Two securities were required on each note, and the borrowers stood by each other, no out- sider being admitted.

Thus, W. E. Pearl, the deputy county clerk, borrowed $50, with Jesse Newlin and C. H. Ashby as sureties. C. H. Ashby borrowed $100, with W. E. Pearl and Wm. O. Jennings as his sureties. Wm. O. Jennings borrowed $100, with C. H. Ashby and Jesse Nave as his sureties. Jesse Nave borrowed $100, with Wm. O. Jennings and Jesse Newlin as his sureties, etc. Although, doubtless, there was nothing corrupt in the matter, yet it seemed as if a sort of ring was

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formed to borrow and gobble the money, and in a few years suit had to be instituted against nearly all the parties to recover it.

The August election, 1838, was held in Indian Creek township at Jesse Nave's in " Navestown." The judges were J. A. Davis, Wmn. Venable and Alexander Dockery (the latter the grandfather of the present Congressman of the same name). In Sugar Creek township the election was held at Philip Wild's ; judges, Dr. Wm. P. Thomp- son, George Bunch and Win. Gee. In Shoal Creek at John L. Tomblin's ; judges, Isaac W. McCoskrie, Spencer H. Gregory and Thos. Fields. In Muddy Creek, John Thrailkill, Wm. Cochrane and Saml. Benson were the judges; in Medicine Creek, Saml. Parks, John Ryan and Wm. Linville.

THE MORMON WAR.

During the Mormon War Livingston county was not an idle specta- tor, but an active participant. No Mormons lived in the county, but the people sided with the Gentile population of Daviess and other counties, and demanded the expulsion or extermination of the " Jo. Smithites." Early in the beginning of the troubles in 1838, a numer- ously signed petition was sent from this county to the Governor ask- ing him to expel the Mormons from Caldwell and Daviess counties, and from the State. Mr. Adam Black bore the petition to His Excellency.

It was a force largely composed of Livingston county men, and led by the sheriff, Col. Wm. O. Jennings, that engaged in the massacre at Haun's mill, which is fully mentioned elsewhere in this volume. (See History of Caldwell County). Capt. Nehemiah Comstock, who lived in Greene township, was also a prominent actor in this tragedy. Certain members of Comstock's company are yet living in this county.

There were about 200 militiamen under arms in this county during the fall of 1838. These were led by Col. Jennings, and scouted through this and Daviess county chiefly, occasionally visiting Cald- well. Comstock's company was stationed at Haun's mill for some weeks after the surrender at Far West. While in this county the militia lived on their friends, and on themselves. Mr. James Leeper, whose father and brother were under Jennings, relates that he perfectly remembers cutting up his father's corn to feed the horses of the troopers.

A considerable sum of money was subscribed and given to Sheriff Jennings as a war fund, to defray certain expenses. In June, 1840, he turned over to the county treasurer, by order of the county court,

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HISTORY OF LIVINGSTON COUNTY.

a balance of this fund, amounting to $14.13, which sum was after- wards ordered paid to a Mrs. Marters.

FIRST CIRCUIT COURTS.

The first term of the circuit court for Livingston county was begun at the house of Joseph Cox, on Monday, July 3, 1837. Hon. Austin A. King, of Ray county, afterward Governor, was judge ; Wm. O. Jennings, sheriff; Thos. R. Bryan, clerk ; Wm. E. Pearl, deputy clerk, and Thos. D. Burch, circuit attorney. The first case tried was an appeal case from a justice's court, entitled " Samuel Ashley, appel- lant, v. Joseph Wolfscales, appellee." It was tried by a jury, and resulted in a verdict for the plaintiff Ashley, in the sum of $14.121/2. Wood & Burch were the attorneys for Ashley, and W. H. Davis the attorney for Wolfscales. The following composed the petit jury : -

Samuel Parks, Geo. Burch, Geo. Tethrs, John L. Tomblin, Allen Lyle, Solomon Cox, Stephen Cox, John B. Dewey, Hiram Comstock, Wm. Peery, Joshua Whitney and Milton L. Moore.

The term lasted two days and six other cases were tried. Only three lawyers were present, T. C. Burch, the circuit attorney, who in civil cases represented the law firm of Wood & Burch ; W. H. Davis, and Wm. Claude Jones, the latter of Carrollton. No grand jury was impaneled at this term.

The second term was held at Cox's, beginning on Tuesday, November 7, 1836. A venire consisted of 24 names for a grand jury, but of this number only 11 appeared -John L. Tomblin, foreman; James Todd, Robt. Moss, John Cooper, Robinson Bryan, Lemuel D. Sego, Evan Odell, Thos. Maupin, Nicholas Wells, Jonathan Nichols and Peter Malone ; but Jacob Goben, John Austin, Wm. Reynolds, Thomas Jen- nings and Henry Carsner, who were among the by-standers, were added, and the panel completed. The jury retired for consultation, but there was no business before them, and on reporting this fact to the judge he discharged them. This term lasted but one day, John L. Tomblin was appointed trustee to take charge of the estate of Wm. Parker, a convict in the penitentiary.

At the first term of court Mr. Cox, at whose log cabin it was held, boarded the judge, jury, litigants, lawyers, and witnesses without charge, setting long tables in the shade of the trees near his cabin, and loading them with corn pone, butter and venison, and other edibles known to pioneer life. At the November term, it is said that Cox again kept free hotel for those in attendance at court.

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HISTORY OF LIVINGSTON COUNTY.

The July term, 1838, was the first held at Chillicothe. At this term also the first indictments were found, viz. : Against Henry Carsner for perjury, and against Wm. Yancy for selling liquor after nine o'clock a. m. on Sunday. The grand jury was composed of Levi F. Gobin, foreman ; Geo. W. Martin, Wm. Smith, Henry Duncan, John Stuckey, W'm. F. Ewell, Abraham Blan, Elisha Bucher, Michael R. Richardson, Wm. Mabry, Abner Brasfield, Thos. Preston, Wm. McCarty, Elisha M. Guill, Isaac McCoskrie and Wm. Woolsey. Afterward Wm. Yancey was convicted on his charge and fined $1, and Carsner for- feited his bond and it can not readily be learned what disposition was made of his case.

At the April term, 1839, Thos. C. Burch, who had been appointed by Gov. Boggs the previous February, took his seat as judge ; but in December following he was succeeded by James A. Clark, and B. F. Stringfellow was the circuit attorney.

The grand jury this year served without pay, pursuant to a request of the county, but it did considerable work, finding over thirty indict- ments for betting or " playing at cards for money," against the fol- lowing persons : three indictments each against Lewis Hunt, Charles Blakeley and Jacob Rogers; two each against Levi F. Gobin, sheriff Wm. O. Jennings, and John Tatman, and one each against Benj. Hargraves, Benj. Baker, Jesse Newlan, Harrison Weldon, William Oxford, H. B. Best, Michael Gardner, Elias Brown, Huston Martin, Saml. Chestnut, Chas. Scott, John Comer, Francis Peniston, Hiram Tatman, William Whitney, Joshua Whitney, Levi Cox and C. H. Ashby. In most instances the accused were convicted and let off with small fines. Jacob Rogers was also indicted and afterwards convicted and fined $15 for keeping a gaming house.

The jury also indicted one of its members, the foreman, Levi F. Gobin, for assault and battery; and old John Graves, the founder of Chillicothe, was presented for " burglary," as the indict- ment read, but this was soon quashed and dissipated.

The attorneys at this term were John R. Williams, B. F. String- fellow, Justiman Williams, Jr., William Y. Slack and William H. Davis. In April, 1840, Robt. D. Ray, Chas. Gordon and J. H. Sav- age, were added to the roll, and in August, Richard Vaughn.

In June, 1839, a special term was called by Judge Burch, to try the case of John Cummings charged with maiming one Hiram Taylor. He had been arrested in this county and taken to the Carrollton jail for safe keeping. The grand jury refused to find a bill against Cum- mings and he was discharged.

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HISTORY OF LIVINGSTON COUNTY.

The first naturalization proceedings were held in April, 1842, when an Englishman named William Palethrop, declared his intention to become a citizen, or took out " his first papers," as the proceeding is commonly called. Following is the record on the subject in Mr. Pearl's quaint othography and composition : -

And now at this day Came William Palethrop, late a Subject of great Britian, and made oath on the holy Evangel est almy god that it is bonafide his Intention to become a Citizens of the U. States and to renounce and abjure for ever all alegance and fidelity to every ferin prince potentate State and suvrinity whatever and particulary all alegens to Victory the queen of great Britin of whom he was here- tofore a Subject.

TOWNSHIP CHANGES.

In February, 1839, the county court, then composed of Wm. P. Thompson, David H. Dunkinson and Gilbert Woolsey, created cer- tain new townships and changed the names of four already in exist- ence. Of the new townships, Washington, Morgan and Marion were entirely, and Jefferson and Franklin partially, in what is now Grundy county. Jefferson included a part of Cream Ridge. The name of Medicine Creek township was changed to Chillicothe, Shoal Creek was changed to Monroe, Sugar Creek to Madison and Indian Creek to Jackson. The new names were all stated to be in honor of great American statesmen and warriors.

In May, Monroe township ( formerly called Shoal Creek ) was divided by a line running between sections 30 and 31, in township 57-25, due east to Grand river. The territory north of this line was formed into a new municipal township which was called Greene, in " honor of Jineral Green [e] of the Revolution War," says the record There was some protesting against the organization of this township, but it was accomplished.

THE FIRST COURT-HOUSE.

The first court-house of Livingston county was begun in October, 1837, and was built in Chillicothe, pursuant to the order of the county court. Following is a literal copy of the order : -

Ordered that a house be built in toun of Chilico for a temporary cort house for the county of Livinston to be built buy the forth Mondy in march next or 1838 to be of this discription towit. Eighteen feet from Out to Out to be raised in cabbin form to be flored with Loose plank of punce ons [puncheons] to be well hewn doun in side to be coverd with clabords [clapboards ] well nailed on -- joice to be 7 feet from floor with a good wood or turf chimney with back & Jams as is usal to cabbins & to be well Chinked & daubed to

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have a door cut out faced up & Shutters made to it. The said Com- missioner to let out said house to the Lowest bidder or not to give higher in private contract than Fifty dollars to the undertaker of said house & it is further ordered that said court house be set on lot 5 block eleven.

" Lot 5, block 11," is about 150 yards northwest of the present county jail, or 200 yards from the northwest corner of the square. The first court-house was indeed a modest structure. No provision was made for windows in the order, and it actually had none until in May, 1839. The first county court was held in this building in May, 1838, when the first furniture was ordered purchased at public expense - a table 4 x 31/2 feet, with a large drawer, and six chairs. In March, 1841, the citizens of Chillicothe used this building for a school-house.

The first jail was ordered built in the fall of 1838. No recorded particulars of this building can now be obtained, save that the com- missioner was directed " not to go higher than $1,000" in contracting for its construction.

SECOND COURT-HOUSE.

The second court-house in this county was completed November 2, 1841. Its construction was ordered by the county court in August, 1838. The order directed that the contract be let the following November ; that the cost should not exceed $5,000, and that the con- tractor might have two years to complete his work. In November, however, the letting of the contract was ordered suspended until March, 1839, but when that time came the court again ordered the postponement of the contract. Old Thomas R. Bryan, the county clerk, and some others claimed that this action of the court was illegal, and moved to appeal the decision to the circuit court, but the motion to appeal was overruled. The grounds of the second post- ponement was " lack of funds at present, and no good prospects for any soon."

In September (1839) the court appropriated $4,000 to build the house ; in November the plan of the superintendent for the same was received, and he was ordered to receive proposals for undertaking the work till January following. In February, 1840, the contract was let to Moses Burton, Esq., of Fayette, Howard county, Messrs. Majors, Garner, Black, Collier and Settle, of that county, being his sureties. The contract price was $5,600, of which $1,600 was an additional appropriation. The building was of brick, two stories high, and stood in the center of the public square, Chillicothe. The height

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HISTORY OF LIVINGSTON COUNTY.

of the first story was 13 feet. At first, all the rooms were warmed by fire-places. The house was painted and had a cupola (or, as the record says, a " cupelow "), and was not an unattractive structure. It stood until after the Civil War. Mr. Burton was not paid the cash in full when his work was done -" no funds." He was given a warrant for near $4,000, with interest at ten per cent, and this was not paid for some years later.

FIRST BRIDGES.

In the fall of 1840 Col. Sarshel Woods, of Carroll county, built a bridge across Shoal creek, near Whitney's mill, and this was probably the first bridge built in the county. In March, 1841, the county court appointed Joseph Harper and Thos. Carter to examine the cost of this bridge, and on their report and recommendation Col. Woods was allowed $140 for its construction.

At the same time John C. Orem, Joseph Harper and Simeon Miller were appointed commissioners to examine all the crossings of the streams in the county, and report at what points bridges should be built. In May $400 was appropriated to build a bridge across Medi- cine creek at the crossing of the Bloomington and Plattsburg road. This bridge was built by Zadoc Holcomb, and completed in 1842.

The first bridge across East Grand river was completed in the win- ter of 1843, at Graham's mill. Jesse Nave was the contractor and Levi Cox the commissioner. The structure gave way in a few years. Soon after it was built James Martin and the horse he was riding both fell off of it into the stream, a distance of 30 feet. The horse was killed, but the man was not injured.

The second bridge on Medicine creek was built at the site of Cox's mill, in 1843. Numerous other bridges were established in 1843-44.

FIRST FERRIES.

Perhaps the first ferry in Livingston county was established over the East fork of Grand river, five miles northwest of Chillicothe, west of Joseph Cox's, in 1835, by Win. McGee. The first across Grand river below the forks was put in by one Murphy in the summer of 1838 ; he also had a ferry across Shoal creek the same year. Joshua Whitney had a ferry at his mill on Shoal creck ( where Dawn is now ) in 1838. Elisha Hereford had a ferry across Grand river, six mile south of Chillicothe, in about 1839 ; Martin Wheat afterward operated this ferry. Hargrave's ferry over Grand river, west of Chillicothe, was operated in 1839, and the same year C. H. Ashby established one across Grand river at the present site of Graham's mill.

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HISTORY OF LIVINGSTON COUNTY.

FIRST STORES.

The first stores in Livingston county were opened by Jesse Nave, at Navestown, or Spring Hill, in 1837 ; by John Doss,1 in the forks, in 1838, and by Stone & Wilson in Chillicothe the same year. In what is now Grundy county, J. L. Lomax had a store at Bluff Grove, now Trenton, in 1838, and John Thrailkill another at some point in that county. Prior to this, and occasionally afterwards, the set- tlers resorted to Carrollton and Brunswick for such articles of merchan- dise as they were compelled to have. All, or nearly all, of the first stores kept whisky for sale as a staple article, along with other " neces- saries of life." An establishment exclusively devoted to the sale of whisky was called a " grocery."

FIRST MILLS.

The first mills used by the settlers were what some of them faceti- ously termed "Armstrong's" mills, - that is to say, a mill worked by a strong arm. Sometimes this was a mortar and pestle, a funnel- shaped cavity burned in a stump into which corn was poured and pounded with a pestle into meal and hominy, and sometimes it was a mortar and " sweep." The latter was arranged like a modern well " sweep," save that instead of a rope attached to the spring pole there was another pole, in the end of which an iron wedge was inserted, making a very effective pestle. This was rather easy to work, as it only required exertion to bring it down; the elasticity of the spring pole raised it up.

But power mills soon came in vogue. Joshua Whitney built a mill on Shoal creek, where Dawn now stands. Cox's mill on Medicine (afterward Slagle's), and James Black's horse mill ( afterward Hick- lin's), three miles northwest of Spring Hill, were among the first mills. Sharp's mill, on Medicine creek, in what is now Grundy, was built as early as 1838. Samuel Todd's mill on West Grand river, near Utica, is claimed to have been the first water mill in the county. Between Todd and Brannock Wilkerson lies the distinction of erecting the first horse mill.

PIONEER PHYSICIANS.

Perhaps Dr. John Wolfskill, of Carroll, who at one time lived near Bedford, was the first practicing physician in the southern part of the

] Mr. Doss was killed at Weston, Mo., in 1879, while on his way to California.

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HISTORY OF LIVINGSTON COUNTY.

county. Dr. Wolfskill was in this quarter in 1836. Dr. Wm. P. Thompson lived in the forks up in Grundy, in 1835, and practiced his profession far and near. Dr. John S. Williams, a Kentuckian, set- iled in Chillicothe in about 1839, and Dr. Thos. Gordon came a year or two later. Dr. Williams died in January, 1876.

EARLY MARRIAGES.

The first marriage in Livingston county, after its organization, was that of Thomas Maupin and Elizabeth Austin, by James D. Penney, a justice of the peace of Shoal Creek township, February 5, 1837. A week later (Feb. 12), Jacob Work and Lena Tinney were married by County Judge Reuben McCoskrie. February 19, Wm. Maybury and Mary Wilkinson were married, Esq. John Newland, of Medicine Creek township, officiating. Other marriages in the county, in 1837, were the following : -

March 9, James Coffreth and Serena Winegan, by James A. Davis, J. P.

March 30, Matthew Gibbs and Susan Williams, by James A. Davis, J. P.

May 6, Milton L. Moore and Louisa D. Perry, by Rev. Lorenzo Waugh, M. E. Church.

May 16, Samuel J. Beard and Eliza Fletcher, by Jesse Newland, justice of the peace of Medicine Creek township.

May 20, Jefferson Bryan and Jane Bird, by Reuben MeCoskrie, county judge.

June 29, Rice Wood and Matilda Gee, by Isam Wood, J. P.

July 10, Thos. Wilkerson and Mary Moore, by Nathan H. Gregory, J. P.

August 27, Joseph Todd and Susan Harrison, by Reuben MeCoskrie, county judge.

September 26, John Ryan and Susan Botts, by N. H. Gregory, J. P.

October 22, Zachariah Blair and Keziah Ogle, by Reuben McCoskrie, county judge.

November 13, John Simpson and Martha Venable, by Jas. A. Davis, J. P.

November 16, John Walker and Matilda Gann, by Jas. A. Davis, J. P.

November 26, Jewett Nevis and Sarah A. Peery, by W. P. Thomp- son, J. P.

There were fewer marriages in 1838 than in 1837.

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HISTORY OF LIVINGSTON COUNTY.

A pioneer wedding in Livingston county in early days would not com- pare, in point of elegance and finish, with one in these days. For there were lacking the paraphernalia of display and the pomp and circumstance attendant in this age upon affairs of that character. In those days few people wore " store goods." Their apparel was for the most part of home-spun. A " Sunday suit" resembled an " every day " suit so far as general appearance went. The material of which the clothing was made was principally cotton or flax and wool. The men wore jeans, cotton and linsey ; the women wore linsey and cotton.

The bride's toilet, therefore, was not expensive; neither was it elaborate, fanciful or showy ; neither was it extensive. But it was sensible, for it was sufficient, and it was appropriate to the times, the manners and the circumstances. Yet she was as well dressed as the groom -his jeans coat, his linsey or cotton shirt, his jeans or coarse inen trowsers, his feet in home-tanned shoes, and without a glove to his hand or his name.

But for all this, and for all of many other discomforts and disadvan- tages, the marriages were as fortunate and felicitous, and the wed- dings themselves as joyous as any of those of modern times. It is not a matter of silk and satins, this affair of a happy marriage. The wedding was seldom or never a private one. The entire settlement was invited, and uniformly accepted the invitation. To neglect to send an invitation was to give an offense ; to refuse one was to give an insult. There were all sorts of merry-making and diversion during the day. A shooting match was quite common. There were foot races, wrestling matches, and other athletic sports - sometimes a pugilistic encounter. At night a dance was had, in which there was general participation. Many of the dancers were barefoot, it is true, and the ball room floor was composed of split puncheons, from which all the splinters had not all been removed, but the soles of their feet were covered with a coating impenetrable almost as a coat of armor, and bade defiance to any fair-sized splinter. Indeed, it is said, that a real merry dance always resulted in smoothing a puncheon floor as if it had been gone over with four and twenty jack-planes !

The wedding feast was always worthy of the name. The cake was corn pone; the champagne and claret consists of good old Kentucky and Missouri whisky, clear and pure as mountain dew, undulated by mercenary " rectifiers " and untouched and untaxed by gauger and government. The latter article was usually imported for the occasion. Then there were venison steaks and roasts, turkey, grouse, nectar-like

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HISTORY OF LIVINGSTON COUNTY.

maple syrup and other toothsome edibles, the bare mention of which is sufficient to make an old pioneer's mouth water in these days.

There were no newspapers then to chronicle all the details of a wedding in consideration of some of the cake, and print a list of alleged " presents " including plated teaspoons, fifteen-cent napkins, and ten-cent salt cellars, ad nauseam, and that was one point in favor of the pioneers.

But some of the early weddings in this county were not such rude affairs, for the parents were fairly well-to-do, and were able to provide the contracting parties with suitable outfits, and have everything done decently and in order.

When babies came, as they did come - and as they always will come into every orderly and well regulated settlement, heaven bless them ! they were quite often rocked and lulled to sleep in cradles fashioned by the hand of the fond father, with seasoned hickory bows attached to them for rockers. Within this little trough there were placed a few folds of flannel or linsey or some other kind of cloth, sometimes a pillow, sometimes soft " hatcheled," but unspun tow or flax, and into these nests there were snuggled the innocent, cunning little darlings.

MAKING THE WILDERNESS TO BUD AND BLOSSOM.

Nearly all of the first settlers of this county were men of moder- ate means who were obliged to do their own work. There were but few slaveholders. Every man and boy able to wield an ax set to work at once, and quite frequently women and girls assisted their husbands and brothers in the clearings.

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Author: Pease, Ora Merle Hawk, 1890- Publication date: 1886 Publisher: St. Louis, National Historical Company Number of Pages: 1260

Author: Pease, Ora Merle Hawk, 1890-
Publication date: 1886
Publisher: St. Louis, National Historical Company
Number of Pages: 1260