USA > Missouri > Carroll County > History of Carroll County, Missouri : carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns and villages, together with a condensed history of Missouri ; the Constitution of the United States, and State of Missouri ; a military record of its volunteers in either army of the Great Civil War ; general and local statistics ; miscellany ; reminiscences, grave, tragic and humorous ; biographical sketches of prominent men and citizens identified with the interests of the country > Part 26
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The Indians in the country when the Casners came to Carroll county were the Saukees (or Sacs), the Foxes, the Iowas, and a few Kaws and Osages. The latter chiefly inhabited the south side of the river. The noted Black Hawk was sometimes here, but the chief, the best known, was Wapacola. The Indians would come down from Iowa and other portions of the northern country about Christmas and remain in the Mis- souri river bottom until the following spring.
THE AGRICULTURE OF OLDEN TIMES.
Up to 1830 not much farming had been done in the county, and indeed not a great deal attempted. Every settler had his " truck patch," wherein grew potatoes, a little corn, a few vegetables, etc .; and he had also a corn field corresponding in extent to the length of time he had been in the county, his means or his desires.
Corn was the principal crop, and if enough of this was raised to supply the family with pone, Johnny cake, and honey, the settler was satisfied. There was no wheat raised of any consequence. Children have been born in Carroll county who were ten years old before they ever saw a wheat biscuit.
The first farms were opened up in the timber. The timber was all cut down. That which would make rails or fencing was so utilized. The rest was piled and rolled together and burned. The stumps of the sap- lings were grubbed up, and then the land was plowed. The plow used was a very simple affair, with sometimes an iron point, and sometimes without, and alway a wooden mold-board. Noah Woolsey used a plow made from the fork of a tree. The soil in the bottoms was like an ash heap for mellowness, and almost anything in the shape of a plow would serve to fit it for the reception of the seed corn. There was, of course, the usual difficulty in plowing regarding the stumps, and as the most of the pioneers were not profane men, their sufferings at times were intense !
Abraham Hill is doubtless entitled to the distinction of having raised the first crop of wheat in the county, and opening the first field, but Mr.
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HISTORY OF CARROLL COUNTY.
- Curtis was wont to dispute the honor with him, and doubtless with some reason. Both had fields opened about the same time. Hill's land was where now is Cherry Valley township, and Curtis' farm was on the Wakanda, near the Hardwick mill settlement.
Cotton was raised quite successfully, although not extensively, in the first years of the settlement of the county. As the county grew older more of it was planted. As it was all hand-ginned its conversion from the raw material into fabrics was slow and tedious, whereupon Noah Wool- sey imported the machinery and put up a cotton gin. To this establish- ment the settlers carried their cotton for many years and had it ginned, Mr. Woolsey only charging them the most reasonable prices. Cotton has been raised in the county in considerable quantities as late as 1865. Dur- ing the civil war many thousand pounds were made.
Flax was among the first crops raised. The seed was rarely sold, and the crop was cultivated for the bark, of which linen was made, or linsey. Upon the first settlement acres upon acres of nettles were found in the bottom lands. They were treated as flax, and the bark therefrom was spun and woven into cloth, usually mixed with wool or cotton. Mrs. Hill, wife of old Capt. Hill, wove a web of cloth entirely from nettle flax, as it was termed. As soon as cotton was raised and sheep brought into the country, flax began to be grown, and in time the use of nettle flax was discontinued.
To be a good flax-breaker was at one time considered a great accom- plishment among the men, and the woman who was a good flax or cotton spinner was the envy of many of. her sisters.
ORGANIZATION OF THE COUNTY.
Prior to the year 1833 and subsequent to 1820 the territory now embraced within the boundaries of Carroll county, was included in and a part of Ray county. The county was divided into two townships, called Missouritan and Grand River, the former lying along the river. After- wards Missouritan was called Wyaconda or Wakanda.
The first representative in the state legislature from this county when it was part of Ray-or at least among the first was Martin Palmer, the trapper and hunter mentioned on other pages of this history as one of the first whites to visit the county. The stories told of him would fill a large volume. He was of the frontier genus and David Crockett species, or rather of the " half horse and half alligator " kind of men. He called himself "the Ring-Tailed Panther," or as he expressed it, "the Ring- Tailed Painter," and he rejoiced in the cognomen. He was uneducated, unpolished, profane, and pugilistic. At musters and other gatherings
224
HISTORY OF CARROLL COUNTY.
Palmer would invariably get half drunk and as invariably have a rough and tumble fight. At the first session of the legislature he attended, held at St. Charles, some of the members engaged in a free and easy knock- down. Governor McNair ran out and into the crowd and commanded the peace " in the name of the state of Missouri," when Palmer hauled off and knocked him down, sending his excellency " galley-west," and half a rod away.
Wetmore's Gazetteer (1837), relates the following incident in the career of the ring-tailed member from Ray: As the time approached for the second meeting of the legislature, of which he was a member, Palmer loaded a small keel-boat with salt from the works in this county, and set sail from the mouth of Blackwater for the capital, intending to accomplish two things-legislation for his constituents and a profitable commercial transaction for his own benefit. Having taken the helm himself, Palmer manned his craft with his son and a negro, and started on his voyage. Uniting as he did, business and politics, while afloat on the river, he stood astride of the tiller with a newspaper in hand (about six weeks old), out of which he was spelling with all his might, the leading points of a politi- cal essay.
While engaged in this labor, the boat reached a point in the river oppo- site the famous Hardeman's Garden, five miles above Old Franklin, and the assemblyman was warned by his vigilant son, who was on the look- out, that there was a "sawyer ahead." Deeply engrossed with a string of pollysyllables, Palmer replied: "Wait a minute till I spell out this other crack-jaw word; it's longer than a gun-barrel." The current of the Missouri, however, was no respecter of persons or words; the river "went ahead," and the boat ran afoul of the nodding obstruction, and was thrown on her beams-end. The next whirlpool turned her keel uppermost. The cargo was discharged into the deep, and the salt not only lost its savor, but its identity. The negro, in a desperate struggle for life, abandoned the ship and swam to shore; but the statesman, like a true politician, determined to stick to his craft, as he would to his party, and succeeded in keeping uppermost for some time. Having divested themselves of their apparel, to be in readiness for swimming, the father and son continued astride the keel until the wreck was landed at the town of Franklin. Here the member from Ray, who was long and lean, was supplied with a suit of clothes by a gentleman who was short and fat. Palmer's new raiment hung as loosely about him as the morals of the average politician.
The father and son were invited into the habitation of a worthy gentle- man to rest and refresh themselves. While recounting their perils, at the breakfast table, the lady who was administering coffee inquired of the shipwrecked legislator if his little son had not been greatly alarmed. The "Painter" of the circle-striped-tail variety replied:
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HISTORY OF CARROLL COUNTY.
" No, madam. I'm a raal Ring-Tailed Painter, and I feed all my child- ren on rattlesnakes' hearts fried in 'painter's' grease. There are a heap of people that I would not wear mournin' for if they was to die; but your husband, marm, hez a heart ez big ez a court house. When we wuz a floatin' bottom uppermost (an unpleasant predicament for the people's rep- resentative) past Hardeman's garden, we raised the yell like a team of bear dogs on a wild cat's track, and the black rascals on shore, instead of comin' out to help us, stood thar and grinned as if they had ketched a fat buck 'possum. Now, marm, I wish God Almighty's yearthquakes would sink Hardeman's d-d old plantation-beggin' your pardon for swearin', marm.
" I s'pose you wouldn't like me to spit on this kiver-lid you've spread on the floor to keep it clean; I'll go to the door; out in Ray we don't mind puttin' anything over our puncheon floors. The river, marm, I find, is no respecter of persons; for, notwithstanding I am the people's representa- tive, I was cast away with as little ceremony as a stray dog would be turned out of a city church; and upon this principle of democratic liberty and equality, I told McNair, when I collared him and backed him out of the rumpus at the capital, when he was likely to spile the prettiest kind of a fight. 'A governor,' says I, 'is no more in a fight than any other man.' I slept with Mac once, just to have it to say to my friends on Crooked river that I had slept with the governor."
About the year 1830 the " Ring-Tailed Painter " removed to Texas, took part in her war for independence, and at its close was chosen a mem- ber of the council of the then republic on the strength of his legislative experience in Missouri.
The organization of the county was effected January 2, 1833, by the fol- lowing act of the Legislature:
Be it enacted by the General Assembly of the State of Missouri, [as fol- lows:]
1. All that portion of territory within the county of Ray, within the following boundaries, to-wit: beginning in the middle of the main channel of the Missouri river, opposite the range line dividing ranges twenty-five and twenty-six; thence down said river, in the middle of the main chan- nel thereof, to the mouth of Grand river; thence up said river in the middle of the main channel thereof, to the township line, dividing town- ships fifty-five and fifty six; thence west with said line, to the line dividing twenty-five and twenty-six; thence south with said range line to the begin- ning, be, and the same is hereby declared to be, a separate and distinct county, to be called and known by the name of Carroll county, in honor of Charles Carroll of Carrollton.
2. John Morse, Felix Redding, and Elias Guthrie, of the county of Chariton, be, and they are hereby appointed commissioners, for the pur- pose of selecting a seat of justice for the said county of Carroll; and the said commissioners are hereby vested with all the powers granted to com- missioners, under the law entitled "an act to provide for the organizing counties hereafter established," approved January the 14th, one thousand eight hundred and twenty-five.
3. The said county of Carroll shall be added to, and form a part of, the fifth judicial circuit; and the county courts of said county shall be held on
226
HISTORY OF CARROLL COUNTY.
the first Mondays of February, April, July, and October; and the circuit courts for said county shall be holden on the Thursdays before the first Mondays in February, June and October.
4. The courts to be holden in said county, shall be held at the house of Nathaniel Carey, in said county, until the tribunal transacting county business, shall fix a temporary seat of justice for said county.
5. All that portion of territory lying north of the said county of Carroll, which has heretofore been a part of the county of Ray, shall be, and the same is hereby attached to the county of Carroll, for all civil, judicial and military purposes.
6. All suits which have been commenced against citizens residing in the said county of Carroll, shall be prosecuted and decided as though this act had not passed, and all taxes due from citizens residing in said county, shall be collected as though this act had not passed.
7. The governor may, by and with the advice and concurrence of the senate, appoint three persons, to hold and exercise the offices of justices of the county court of said county; and the persons so appointed and com- missioned shall continue in office until the next general election, and until their successors in office will be duly appointed and qualified, as the law directs; and said court, after the organization thereof, will moreover appoint all county officers, the appointment of which is not otherwise pro- vided for by existing laws, or the constitution of this state.
This act to take effect and be in force from and after the passage thereof. Jannary 2, 1833.
The boundaries as set forth in the foregoing, remained those of the county until March 20, 1835, when the legislature changed them to con- form to the following: Beginning in the middle of the main channel of the Missouri river, opposite the range line dividing ranges twenty-five and twenty-six; thence down said river to the mouth of Grand river; thence up said river, in the middle of the main channel thereof, to the township line dividing townships fifty-five and fifty-six; thence west with said line to the line dividing ranges twenty-five and twenty-six; thence south with said range line to the place of beginning.
FIRST ENTRIES OF LAND.
As a matter of interest to the inhabitants of the different townships, we have had prepared by O. J. Kirby, deputy county clerk, a table of the first entries of land in each township, with names of parties and dates of entry, section, township and range.
Townships.
Names.
Date.
Section
53-20 Benj. Cross
November 21, 1833
4
52 -- 21 Henry Ferrill
August 22, 1832
11
53-21 Jon Eppler
October 12, 1831
24
54-21 Wm. Ashby
November 15, 1836
32
55-21
Elihu Compton
February 11, 1836
21
51-22 John H. Courts.
October 30, 1835
6
52-22 Thomas Phillips
January 12, 1829
10
53-22
John Boils
May S,
1834
15
227
HISTORY OF CARROLL COUNTY.
Townships.
Names.
Date.
Section.
54-22
Jonah B. Bassett
July 25,
1836
30
55-22
Elisha McGuire
May 18, 1838
5
51-23
Giles Parman.
January 8, 1835
7
52-23
Nat. Cary
July 26,
1829
13
53-23
Jas. and John Standley
August 23,
1831
$1-32
54-23
John Phillips.
March 14,
1837
34
55-23
Allen Caskey
June 1,
1837
31
51-24
Wm. Monro.
March 15,
1825
4
52-24
S. H. Williams
December 28, 1835
34
53-24
Jas. Standley.
June 6,
1831
36
54-24*
Leven Bristoe
May 23
1836
23
55-24
Robert Caskey
November 26, 1836
35
51-25
Alex Hill.
January 29,
1825
1
52-25
John Casner
December 19, 1833
1
53-25
N. McCuistion
February 19, 1836
19
54-25
S. G. Moore
July 21,
1838
34-35
55-25
M. Schaul .
March 19,
1841
18
JUDICIAL CIRCUITS AND JUDGES.
By act of the general assembly, approved January 11, 1822, the state of Missouri was divided into four judicial districts (Judicial districts were sub- sequently divided into judicial circuits). The counties of Cole, Cooper, Lillard, (Lafayette) Clay, Ray, Chariton, Howard and Boone, composed the first district.
David Todd was judge of this district till the year A. D., 1831.
The counties composing the first judicial circuit, with the exception of the county of Franklin, and the counties composing the fifth judicial cir- cuit constituted the first judicial district.
The Hon. John F. Ryland was judge of the fifth judicial circuit from 1831 till 1837. In the latter year by act of the general assembly, Saline, La- fayette and Jackson, being south of the Missouri river, were stricken from this circuit, and attached to the sixth judicial circuit, of which Hon. John F. Ryland was the judge. The fifth judicial circuit was then formed from counties lying north of the Missouri river, Carroll being one of them.
The Hon. Austin A. King, of Ray county, was appointed judge of the circuit in 1837, and served with distinguished ability till his resignation in 1848, to assume the duties of governor of Missouri-an office to which he was elected by the people.
By act of the general assembly, approved March 27, 1845, the fifth judicial circuit was declared to embrace the counties of Clinton, Clay, Ray, Carroll, Caldwell, Harrison, Daviess and DeKalb.
Judge King having been nominated by the democratic party as its can- didate for governor in 1848, resigned and on the 17th of July, of that year Gov. Edwards appointed Geo. W. Dunn, judge of the fifth circuit in his (King's) stead. Dunn, it will be remembered, had been circuit attor- ney, and filled that position when appointed. In 1849 Judge Dunn was
.
228
HISTORY OF CARROLL COUNTY.
re-appointed. and Mordecai Oliver* was appointed circuit attorney for four years. Judge Dunn served for thirteen years, acceptably and well. Of a truth a Daniel had come to judgment and he judged his people with wisdom, fairness, and ability. He still lives at Richmond, Ray , county, and is still in the service as judge of that district.
Upon the establishment of what was known as the "Gamble Govern- ment" in Missouri, in 1861, Judge Dunn at first refused at take the oath of allegiance to that government, and was deposed. Ex-Governor Austin A. King was appointed by Governor Gamble in Judge Dunn's stead, and discharged the duties of the office, which, owing to the disturbed condi- tion of affairs at that time, were arduous and perilous ofttimes until 1863. In the latter year Judge Dunn was elected to the position, took the oath of office, and administered its duties until 1865. In that year he was legis- lated out of office by the adoption of the Drake constitution. Judge Dunn's successor was Walter King, who had been lieutenant colonel of 4th Cavalry Missouri state militia, and was a son of ex-governor King. King was succeeded by Hon. Jonas Clark, of Livingston county, who served by appointment until the 1st of January, 1869, when, having been elected the previous fall, he assumed the office by election until 1875, when he was relieved by Hon. E. J. Broaddus, of Livingston, who served until January 1, 1881, when Hon. James Davis, also of Livingston, was called to the bench and is the present incumbent of that position.
In 1866 the circuit was called the seventeenth and was composed of the counties of Harrison, Daviess, Livingston, Worth, Carroll, and Caldwell. By act of legislature of March 15, 1872, the district was made to retain its number, but was constituted as at present of the counties of Livingston, Caldwell, and Carroll.
FIRST . CIRCUIT COURTS IN CARROLL.
The first circuit court for this county was begun at the residence of Nat Carey, "the same being the place designated by law," in July, 1833. The Hon. John F. Ryland, afterward of the supreme bench, presented his commission as judge from Hon. John Miller, and court was opened in due form.
Joseph Dickson, then the county clerk, was appointed by the judge clerk of the circuit court, and John Curl was the Sheriff in attendance. The latter returned into the court a venire for a grand jury, and the following persons were chosen: Charles Palmer, foreman; John Riffe, Sr., Turpen ' T. Thomas, John Eppler, Isaac Eppler, Stephen Smart, Edward Farr, John Standley, Sr., Geo. Adkins, John Smart, James Curl, Thomas Booth, Samuel Turner, Wm. Turner, Wm. Adkins, Isaac Willborn, Johh Cas- ner, Noah Woolsey, Alexander Hill, Claiborne Purman.
*Afterwards member of congress and secretary of state.
229
HISTORY OF CARROLL COUNTY.
The grand jury having received the charge from the court, "retired to consider of their indictments and presentments." One of this same grand jury, now living, states that the jury went out of doors and "fooled around awhile," when they returned and told the judge that they had no presentments to make, and His Honor discharged them. They thought of finding indictments against two or three parties for "fist-fighting," but on reflection and deliberation it was considered that too many of them- selves were not without sin in this particular, and they thought it best, under all the circumstances, to judge not lest they themselves should be judged.
"Weary lawyers with endless tongues" were not numerous at the first session of the Carroll court. Only two attorneys, John Wilson and Amos Rees were enrolled and permited to practice as attorneys and coun- selors at law and solicitors in chancery. No wonder the old settlers in these days of much litigation and worry and strife long for a return of many of the practices of the olden time.
The first civil suit was entitled: "Wm. P. Thompson, complainant, against Hiram C. Meek and John D. Stothart, defendants," and was a proceeding in chancery. The record states: "The defendants filed their several answers to the defendant's bill of complaint, and the complainant filed thereto his replication. The cause is, on motion of the complainant, set for hearing at the next term of the court, until which time this cause is continued."
After the approval by the judge of the report of the commissioners locat- ing the county seat, and other proceedings incident thereto [see account thereof in proper place], the court adjourned " till court in course."
SECOND TERM OF THE CIRCUIT COURT.
This term was begun November 21, 1833, at the house of Nathaniel Cary, with Ryland as judge, Dickson as clerk, and Curl as sheriff. The grand jury was composed of the following citizens:
James Lucas, foreman; William Curl, Joab Hunter, Thomas Campbell, John Standley, Jr., Asher Anderson, John Mayberry, Lewis Mears, Geo. McKinney, Thomas Philips, Jr., Rowland Adkins, Reuben Harper, Flem- ing Thomas, Hardin Cary, Robert Turner, James Cooley, Ebenezer Cas- ner, William Belt.
After retirement and deliberation, the jury returned, without any pre- sentments or indictments, and were discharged.
There were only two cases on the docket for trial-the continued case of Thompson vs. Meek & Stothart, and a new cause, that of James Marsh vs. Malachi Lyle and William Turner. Both cases were continued.
Three new attorneys were admitted to practice in this court, Thomas Reynolds Amos Rees, and Alex. W. Doniphan. The latter afterward
230
HISTORY OF CARROLL COUNTY.
became that famous Missourian of illustrious renown, of whom every schoolboy in the land reads, when he studies the history of his country, now, in the sere and yellow leaf of life, living in retirement at Richmond, Ray county.
At the March term of the court, 1834, which was the last held at Nathaniel Cary's, there were two cases on for ·trial-James Lucas vs. Wm. Hubbard, an appeal case, and Wm. McCausland and Alexander McCausland vs. Samuel Todd, "in covenant." At this term, also, was found the first indictment, which was entitled, "The State of Missouri vs. James Lucas, Sr., John Lucas, and James Lucas, Jr." Indictment: Mali- cious mischief. A true bill. The order of the court was, that the defend- ants "be recognized for their personal appearance on the first day of the next term of this court." John Lucas and James Lucas, Jr., being in law infants, under the age of twenty-one, the court ordered that James Lucas, their father, enter into a recgnizance for their appearance at the next term. This was done, and Mr. Lucas gave a bond of $400, with Nathaniel Cary and Russell Bryant as sureties, and the cause was duly continued.
Proclamation was duly made that the next term of court would be held . " at the, county seat, at the house of John Standley," after which court adjourned.
During the time court was held at Cary's the judge and the attorneys were quartered in the same house where court convened; for Uncle Nat's domicile was dwelling-house, court house, and hotel, all in one, a sort of concentrated building. Litigants and jurymen fared as they could-not sumptuously but satisfactorily. As court only lasted one day, they brought a " snack" with them for luncheon and returned home at night.
The July term, 1834, was held at Standley's residence, on the 24th day of the month, as were the November term of the same year and the March term, 1835. The first term held in the court house of the county was on June 25, 1835. Ryland, judge; Dickson, clerk; Curl, sheriff, resigned and James Trotter was appointed elisor.
At this term indictments were found against Thomas Taylor, for assault with intent to kill (accused afterwards acquitted) and against Wiley C. Williams, Coleman Younger, Thos. Arnold, and Anderson Martin, for betting. Gen. John B. Clark, Sr., afterward member of congress, was admitted to practice.
In January, 1839, Carroll county became a part of the eleventh judicial circuit, and Thos. C. Burch, was commissioned by Gov. Boggs, the judge thereof. In December of the same year James A. Clark was appointed in Burch's stead. The district then embraced the counties of Daviess, Liv- ingston, Carroll, Chariton, Macon, and Linn. B. F. Stringfellow, who attained great notoriety afterward, during the " Kansas troubles," was circuit attorney. At the first term of this court the following attorneys
231
HISTORY OF CARROLL COUNTY.
were admitted to practice: Geo. W. Dunn, afterward judge of the court; Robt. C. Ewing, a prominent whig politician and candidate for governor in 1856; Robt. D. Ray, now on the supreme bench of the state, and James Savage.
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