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 27
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In March, 1841, Carroll again became a part of the fifth circuit, with Austin A. King as judge. Hon. Peter H. Burnett* having resigned the office of circuit attorney, Geo. W. Dunn was appointed in his place.
In 1872 the legislature abolished the office of circuit attorney and estab- lished that of county attorney in lieu thereof. The county attorneys since that time have been Laurence K. Kinsey, T. J. Whiteman, and L. A. Halliday.
FROM THE ORGANIZATION OF THE COUNTY TO THE MORMON WAR.
The winter of 1834-5 was intensely cold and was long remembered as the cold winter. In the winter of 1830-1 there had been a deep snow, which fell on Christmas and for three days following and lasted until in March; but the cold was not so severe as in 1834-5. In the latter period " the cold Friday and Saturday " in January, 1835, were often referred to. The old settlers assert that cattle had their horns frozen so that they dropped off and in some instances their legs were frozen up to the knees. Pigs and fowls perished in great numbers, and even game was frozen to death in the woods. .
There began to be additions to the number of settlers in the county in these years, and at about this time of considerable extent and great impor- ance. Nearly all parts of the county were visited by exploring parties, and many portions settled. There was considerable travel through the county from east to west and some from north to south, and many people were becoming acquainted with the fertile, soil and eligible location of the county, and were improving their knowledge.
In the year 1835 several hunting parties of Indians came in from the west and north. Old Hard Heart was here and spent several days in the. Missouri bottom hunting, fishing and begging. The Indians were very friendly-too much so at times, as they often hung about the settlers' cab- ins and begged them about out of provisions. Old Hard Heart, although a chief and a ruler of men, was not above begging or becoming the beneficiary of articles given to his squaws. Hard Heart belied his name, for he was not at all cruel hearted in his nature, but kind, hospitable and inclined to be lazy, and to shirk much exertion of any kind.
A band of Sacs and Foxes from Iowa, led by Wapacola, a sub-chief
*Afterward the first governor of California.
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HISTORY OF CARROLL COUNTY.
under Black-Hawk, was also here and encamped for a while on the sugar- tree bottoms, and then up on Grand river. When Nathanial Cary was alive he used to relate how a young warrior of this band told him of his experience in the Black-Hawk war, attributing that historic episode to the bad conduct of the whites as well as to the stubborness and ambition of Black-Hawk.
In 1836 the first presidential election held in the county came off. The candidates voted for in Carroll county were Martin VanBuren and Rich- ard M. Johnson, regular democratic candidates and Hugh L. White and John Tyler independent candidates. Gen. W. H. Harrison and Francis Granger were voted for in many states, but received no votes in Carroll. The vote in this county was as follows:
Indian Creek township
Van Buren. 48
White.
17
Wakanda Creek township .
94
.. 16
-
Total
142 33
It seems that no election was held in Missouritan township and that there were but the two voting precincts named. The total number of voters in the county being given at 175, the population at that time may be set down at about 1,000 including slaves.
THE HETHERLY WAR.
In the year 1836 occurred what is known as the Heatherly War, a con- flict in which Carroll county took an important part, and in which, indeed, it was most immediately interested, as the events composing the so-called war all took place within the jurisdiction of the county.
From a historical sketch prepared by .A. C. Blackwell, Esq., and from other sources of information, it is learned that in the spring of this year a band of desperadoes, robbers and thieves lived in that part of Carroll county known as the upper grand river country, and now included in Mercer and Grundy counties. This band had for its principal members a family named Hetherly, from Kentucky, composed of the following per- sons: Geo. Hetherly, Sr,, the father; Jenny Hetherly, the mother; John Hetherly, Alfred Hetherly, George Hetherly, Jr., and James Hetherly, the sons, and Ann Hetherly, the daughter.
The Hetherlys lived far out on the frontier, and their cabin was a ren- dezvous for hard characters of all sorts. The antecedents of the family were bad. Old George Hetherly was regarded as a thief in Kentucky, and Mrs. Hetherly was a sister to the notorious Kentucky murderers and freeboters, Big and Little Harpe. The women of the family were noted prostitutes, and the men were believed to be villains of the hardest sort.
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HISTORY OF CARROLL COUNTY.
Bad as they were, however-and they were bad enough, Heaven knows -the Hetherlys were doubtles not half as black as they were painted, and many crimes were attributed to them of which, in all probability, they were innocent.
Living with the Hetherlys as boarders, visitors or employees were three or four young men whose reputations were none of the best, who had doubtless drifted westward from the older states as they fled from the officers of the law for crimes committed.
Old Mrs. Hetherly is said to have been the leading spirit of the gang, prompting and planning many a dark deed, and often assisting in its exe- cution. Tales were told of the sudden and utter disappearance of many a land hunter and explorer, who visited the upper Grand river country and was last seen in the neighborhood of the Hetherly house. These stories may or may not have been true, but all the same they were told, and gradually gained credence. The Hetherly family was indeed a strange one. It was half-civilized, half-savage. The dress and manners of the members were weird and altogether peculiar to themselves.
Early in the month of June, 1836, a hunting party of Iowa Indians from southern Iowa came down on the east fork of Grand river on a hunting expedition. As soon as the Hetherlys heard of the proximity of the Indians they resolved to visit their camp, steal what horses they could, and carry them down to the river counties and sell them. Taking with them James Dunbar, Alfred Hawkins, and a man named Taylor, the four Hetherlys visited the scene of the Iowas' hunting operations and began to steal the ponies and horses which had been turned out to graze. Fortune favored them, and they managed to secure quite a lot of ponies, and escaped with them to the forks of Grand river. Here they were overtaken by a pur- suing party of the Iowas, who demanded a return of their property. The demand not being either refused or instantly complied with, the Indians opened fire on the thieves. The first volley killed Thomas. Other shots being fired, the Hetherly gang retreated, leaving the ponies in the hands of their rightful owners.
Upon the defeat of their scheme the Hetherlys returned home, and began consulting among themselves as to the best course to pursue under the circumstances. Being much alarmed lest the Indians should give information of the affair to the whites and have the true story believed, it was resolved to anticipate a visit to the whites on the river, and go first themselves and tell a tale of their own. Dunbar had for some time shown symptoms of treachery to the party, or rather of a desire to break away from his evil associations. Soon after he 'was. murdered and his body found.
In a day or two the Hetherlys made their appearance in the settlements raising an alarm that the Indians were in the country murdering and rob-
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HISTORY OF CARROLL COUNTY.
bing, and claiming that they had killed Dunbar and other white men in the Upper Grand River country. The news was at first believed, and there was great excitement throughout the country. A part of the story was known to be true-that the Indians were in the country, and the rest was readily believed.
Gen. Thompson, commanding the militia forces in the district, ordered out several companies and moved toward the scene of the reported trou- bles. Nearly all the able-bodied male population of Carroll county turned out, and the whole country was thoroughly scoured. A scouting party pene- trated the section of country where the Indians were, visited their camps, and after thorough examinations became perfectly satisfied that the sav- ages were not, and had not been hostile-had not been guilty of the offenses alleged against them, but on the contrary had been preyed upon by the Hetherly gang in the manner heretofore described. After consul- tation the officers returned the men to their homes and disbanded them, and the scare was over.
The depredations and crimes were now traced directly to the Hetherlys. A warrant for their arrest was issued by Jesse Newlin, a justice of the peace at Knavetown, now Spring Hill, in Livingston county. Lewis N. Rees was the then sheriff of the county, and into his hands the warrant was placed. On the 17th of July Sheriff Rees, with a strong posse, effected the arrest of the Hetherlys, and they were brought before 'Squire Newlin for preliminary examination. The examination attracted great attention and lasted several days. The result was that the parties were found to be the murderers, either as principals or accessories of Dunbar. There was strong talk of lynching them, but on the 27th of July they were given into the custody of the sheriff of Ray county for safe keep- ing until the October term of the Carroll circuit court. Old man Heth- erly, his wife, and their daughter, Ann, were released on bail.
On the 27th day of October, 1836, in obedience to a writ of habeas cor- pus issued by Judge Ryland in vacation, the sheriff of Ray county brought into the circuit court, at Carrollton, Geo. Hetherly, Sr., Jenny Heth- erly, George, Jr., John, Alfred, and James Hetherly, and Alfred Hawkins, all charged with the murder of James Dunbar. By order of Judge Ryland, the accused were placed in the custody of Sheriff Rees.
The grand jury found bills of indictment against the Hetherlys, and a sep- arate indictment against Alfred Hawkins. Austin A. King took his seat on the bench, as judge of the circuit, in the room of Judge Ryland at this term, and Thomas C. Burch entered upon his duties as circuit attorney.
The latter, however, having been counsel for the accused in the prelimi- nary examinations, was discharged from the duties imposed upon him by the law in this case, and Amos Rees was appointed, by the court, special prosecutor in the case.
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HISTORY OF CARROLL COUNTY.
On Tuesday, March 7, 1837, John Hetherly was acquitted. There being no sufficient jail in this county, the Hetherlys were sent to the Lafay- ette county jail, and Hawkins to the jail of Chariton county, for safe keep- ing. Bills, to the amount of $530, were allowed certain parties for guard- ing the criminals.
It being apparent to the prosecutor that no conviction could be had of the Hetherlys, nor of Hawkins, unless some of his fellow-criminals would testify against him, at the July term, 1837, before Judge King, a nolle pros. was entered against the Hetherlys, and they were discharged. Whereupon Hawkins was placed on trial, and the Hetherlys testified against him. He was ably and vigorously defended by his counsel, who induced some of the jury to believe that the Hetherlys themselves were the guilty parties, and the result was, that the jury disagreed, and were discharged.
At the November term, 1837, Hawkins was again tried, at Carrollton, and this time convicted of murder in the first degree, and sentenced to death. The jury that convicted Hawkins was composed of William Winfrey, William Beatty, William Mears, William Turner, James Trotter, Wesley Gentry, Nelson Johnson, Andrew McCollum, Jacob Taylor, James Lucas, Samuel Turner, and Robert H. Courts. The sentence of Hawkins was afterward commuted to twenty years in the penitentiary, whither he was taken, but, after serving about two years of his time, he died, and thus terminated " the Hetherly war." What eventually became of the Heth- erly family is not known.
THE FLORIDA WAR.
The Florida or Seminole war grew out of the determined opposition of the Seminole Indians to their removal from their lands in Florida to the reservation set apart for them west of the Mississippi river. From the time of the cession of Florida by Spain to the United States, in 1819, the Indians had manifested more or less displeasure towards the Americans. The first attempt to remove them was in 1835. The Seminoles resisted, and, under the leadership of Osceola, organized against the efforts of the government. In 1836 the Creeks joined the Seminoles, and the war spread into Georgia and Alabama. The Creeks were soon subdued, however, and sent across the Mississippi. The Seminoles were not so easily put down. They continued the war, and although, whenever they fought in the open field they were easily enough defeated; yet, whenever they retreated into and were attacked in the swamps and everglades, their favorite fighting ground, they uniformly repulsed the whites. In October, 1837; Osceola came into Gen. Jessup's camp under a flag of truce; but,
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HISTORY OF CARROLL COUNTY.
being suspicioned of treachery, was seized as a prisoner, and sent to Fort Moultrie, South Carolina, where he died, the following year.
Still the Seminoles kept up the war, and the government was compelled to take decisive steps and make formidable preparations to put them down.
Some time in the fall of 1837, while Lilburn Boggs was governor of the state, president Van Buren conceived the idea of sending a force of Missouri pioneers against the Seminoles. In an interview with Col. Ben- ton, then one of our senators, the president asked Old Bullion whether or not Missourians could be induced to travel so far as the swamps of Florida to assist in chastising the Seminoles. Col. Benton answered: "The Missourians will go whenever and wherever their services are needed," and thereupon he went to the secretary of war, Hon. Joel R. Poinsett, and urged him to issue an order for raising volunteers in Missouri for that purpose. A requisition was thereupon made upon Gov. Boggs for two regiments of mounted volunteers.
Col. Richard Gentry, of Boone county, was the colonel of the first regi- ment raised pursuant to the call of the secretary of war. Originally the regiment was composed of eight companies-two from Boone county, commanded by Captains John Ellis, and Thos. D. Grant; one from Cal- laway, Capt. Wm. H. Russell; one from Howard, by Capt. Congreve Jackson; one from Chariton, by Capt. James Flore; one from Ray and Carroll, by Capt. John Sconce; one from Jackson, by Capt. James Chiles; one from Marion, by Capt. John Curd. Afterwards four other companies of the second regiment were attached to the first. Two of these com- panies were composed of friendly Delaware and Osage Indians.
Capt. Sconce's company had in it the following men from Carroll county: Patrick Darcy, third lieutenant; Elihu Standley, wounded in the back at the battle of Okeechobee, by a ball from the rifle of an Indian who was up in a tree; Ingram Standley, Hiram Standley, and William Wolf.
Sconce's company was known as " the Missouri Spies."
On the 6th of October, 1837, Col. Gentry's regiment left Columbia for Florida. A flag was presented to the regiment, which was borne through the war and is still in the possession of the family of Col. Gentry, in Boone county. The companies marched to Jefferson Barracks, just below St. Louis, where they were mustered into service. From here they were taken in boats to New Orleans, and from thence they were taken in brigs across the Gulf of Mexico to Tampa Bay, Florida, disembarking on the 15th of November. On the voyage the troops encountered a violent storm, and several horses were lost, but no lives were lost.
The services of the Missouri troops in the Florida war ought to be noted in every history of the state, and especially in that of every county from which there were soldiers. As Carroll county contributed her quota
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HISTORY OF CARROLL COUNTY.
of these brave men, it is but just that their deeds should be given in this history.
On the first of December the Missouri troops received orders from Gen. Zachary Taylor, then commanding the United States troops in Florida, to march from Tampa Bay to Okeechobee lake, 135 miles inland, in the vicinity of which the whole force of the Seminoles was said to have col- lected under their four most redoubtable leaders: Sam Jones, Tiger Tail, Alligator and Mycanopee. Having reached the Kissemmee river, 70 miles from the bay, Capt. Sconce's company, which had been detailed as scouts or spies and had the advance, came upon and captured several Indians who were guarding and grazing their stock. From the captives it was learned that the Indians were near at hand in force. Immediately upon crossing the river Gen. Taylor formed the Missouri volunteers in front and advanced, supporting them by some regular troops on either flank.
The Indians having had full view of the movements of the troops, were prepared for them, and opened the fight from their strong position con- cealed in the swamp. The Missourians, including their colonel, fought on foot and. had repulsed the Indians from their first position. Col Gentry was gradually pushing them across the swamp, and had nearly reached dry ground, when a bullet struck him in the abdomen, inflicting a fatal wound. He realized its dangerous character, yet stood erect for an hour afterward cheering on his men, but at last he became exhausted, was. borne from the field, and died the same night.
The fall of Col. Gentry did not dispirit or dismay the Missourians. They made good all the promises made for them by Col. Benton, and con- tinued the fight until the Seminoles were completely vanquished. The total loss of Gen. Taylor's command, in killed and wounded, was 138, and of these the greater portion were Missourians.
Col. Switzler's history of Missouri states that the official report of Gen. Taylor, of the battle of Okeechobee did great injustice to the Missouri volunteers, in that it charged them with breaking and falling back to the baggage, and that his aids could not rally them. This report created great excitement in Missouri, and during the session of the legislature of 1838-9, a special committee was appointed, of which Gen. D. R. Atchison was chairman, to investigate the matter. This committee took the testi. mony of about twenty officers, who took part in the battle of Okeechobee, some of whom were engaged in the battle, and others who were posted at the baggage on the opposite side of the swamp.
The substance of Gen. Atchison's report was that the battle commenced between 9 and 10 o'clock of the forenoon of Christmas day, 1837; that the Missouri volunteers first attacked the enemy, led the charge, and bore the
C
238
HISTORY OF CARROLL COUNTY.
brunt of the battle along the whole line; that they had to march through a deep miry swamp, for about half a mile, in order to approach the Indians who were concealed in the edge of the swamp ready to receive them, on ground which they had chosen, and prepared for that purpose; that the Indians were protected by the heavy timber and underbrush, while the volunteers, mostly unsupported by the regulars, were exposed in open line uncovered in the swamp, standing up to their knees in mud and water, when they received the first deadly fire of the enemy, and notwithstanding the perils of their position and the galling fire of the enemy, they fought bravely until the battle was over, and it was chiefly by their fire that the Indians were first dispersed. Although a large number of the volunteers were killed or wounded by a concealed enemy, they heroically stood their ground, or pressed forward to the attack, until the hummock was taken and the victory gained.
Gen. Atchison's report went on to state that none of the witnesses exam- ined knew of any attempt on the part of Gen. Taylor's staff to rally the volunteers or of any necessity for such attempt; and the fact is established that after the heat of the battle was over, a considerable portion of the volunteers, instead of being dispatched in pursuit of the retreating enemy, were, by order of the regular officers, detailed to make a causeway across the swamp upon which to carry out the dead and wounded. It was also established that Col. Gentry fell at the head of his troops in a manner worthy of the commander of the volunteers, "and the conduct of the vol- unteer officers and soldiers generally was such as ought to have elicited ·praise and commendation instead of censure and reproach."
To the committee, and to nearly everybody, it was manifest that Gen. Taylor shared the opinions of nearly all the regular army officers concern- ing volunteers, and held that they were not worthy of serious considera- tion as soldiers. By reason of the contempt felt for all other classes of soldiers, the regulars have very often made themselves ridiculous if not despicable. They seem to think that only themselves who serve for pay and glory, and not for patriotism, are capable of doing good fighting; but all history shows that some of the bravest and best fighting has been done by volunteers, whose hearts are in the cause which they have under taken to defend.
It is hard to believe that Gen. Taylor wrote the report attributed to him which did such injustice to the Missourians, because he afterwards, during the Mexican war, paid the highest tributes to, and made the fullest acknowledgments of the bravery of Doniphan's men. Probably he was misinformed as to the real facts of the case, in regard to the conduct of our troops in the battle of Okeechobee.
The committee appointed by the legislature concluded their report by
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HISTORY OF CARROLL COUNTY.
recommending the passage of the following resolutions, which were unan- imously adopted by both houses:
Resolved by the Senate and House of Representatives: That the conduct of the Missouri volunteers and spies, in the Florida campaign, was such as only could be expected from good soldiers and brave men.
2d, Resolved, That so much of Col. Z. Taylor's report of the battle of Okeechobee, which charges that the Missouri volunteers and spies mostly broke and fell back to the baggage, and that the repeated efforts of his staffcould not rally them, is proved to be unfounded, not to say intention- ally false, and that so much of said report which states that the regular troops were joined by Capt. Gilliam and Lieut. Blakey with a few men, but not until they had suffered severely, is incorrect in this-that Gilliam and Blakey were in advance of the regular troops during most of the fight, and never in their rear.
3d, Resolved, That so much of said report, which states that the Mis- souri volunteers and spies behaved themselves as well or better than troops of that description usually do, is not so much a compliment to them, as a slander upon citizen soldiers generally.
4th, Resolved, That Col. Taylor in his report of the battle of Okeecho- bee has done manifest injustice to the Missouri volunteers and spies, and that said report was not founded upon facts as they occurred.
5th, Resolved, That a commanding officer who has wantonly. misrepre- sented the conduct of men who have promptly done their duty, and gal- lantly sustained him in battle, is unworthy a commission in the army of the United States.
6th, Resolved, That the Governor of this state be required to lay before the president of the United States, the evidence reported to this house, in relation to the conduct of the Missouri volunteers and spies in the Florida campaign, and Col. Taylor's report of the battle of Okeechobee, and that he solicit on the part of this state, a court of inquiry into the conduct of the Missouri volunteers and spies, and the truth of said report.
7th, Resolved, That the governor of the state be required to lay before the president of the United States, a statement of the facts relative to the treatment of the spies under Col. Morgan and Capt. Sconce, 1st. Asit regards the fact of the organization of said command into a spy battalion, under the order of Col. Taylor. 2d. This subsequent acknowledgment and recognition of said corps. 3d. The performance of arduous duty by the officers of said battalion under the requisition of Col. Taylor. 4th. Their subsequent discharge as privates, and the pay that they received as such. 5th The necessity of adopting some course to obtain redress.
Approved February 13, 1839.
.
There being no further service required of the Missourians they were mustered out in the early part of 1838, and sent to their homes. The Car- roll and Ray county men, under Capt. Sconce, were given a cordial wel- come by their friends at home, who had every reason to be proud of the services of the gallant scouts. Indeed it is but the truth to say that Capt. Sconce's company won great renown, and did perhaps more and better services than any other company in Gentry's regiment.
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