History of Clay and Platte 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 Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens., Part 13

Author:
Publication date: 1885
Publisher: St. Louis : National Historical Co.
Number of Pages: 1156


USA > Missouri > Platte County > History of Clay and Platte 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 Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 13
USA > Missouri > Clay County > History of Clay and Platte 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 Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 13


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).


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" Fellow-citizens- I am a Jackson man up to the hub. I have killed more wolves and broke down more nettles than any man in Clay county. I am a candidate for sheriff, and I want your votes."


He then dismounted, and a " Hurrah for Neil " was given by the crowd. In 1832 the Jackson spell was somewhat broken, as the Clay men succeeded in electing the lamented Woodson J. Moss to the Leg- islature, along with Col. Thornton. The Whigs have been in the ascendancy ever since.


THE DEEP SNOW OF 1830-31.


October 29, 1830, the memorable " deep snow " commenced fall- ing, covering the ground to a depth of 20 inches on the level, and drifting in many places twelve feet deep. A week or so afterwards


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HISTORY OF CLAY COUNTY.


another snow fell of about the same depth, and actually covering the ground, without drifting, to a depth of two feet in most places. January 3, 1831, another snow fell, which added to that already on the ground made a depth of nearly three feet. The situation may be imagined. Travel. was almost impossible. The few roads were blocked, and no one pretended to go abroad except on horseback. In a short time there came a thaw, then a freeze, the latter forming a crust through which the deer would break, while wolves and dogs passed over in safety. Large numbers of deer and turkey perished, and could be caught with but little difficulty. The snow lasted till the first of March following, when it went off with a warm rain, and there were great floods resultant.


The season of 1831 was unfavorable for the settlers of this . county. Corn was the chief staple then raised - the principal de- pendence of the people - and the corn crop of that year was a failure. Much of it was planted late, and the season turned out backward and cool and the summer was full of east winds. At last, in August there came a frost, " a killing frost," and nipped the corn so severely that it did not ripen. The grains were so imperfectly developed that but few of them would germinate and the next spring seed corn was very scare and very dear. Certain vegetables were also injured by the frost, and to many the situation was actually distressing.


BUILDING THE FIRST COURT-HOUSE.


Up to 1828 there was no attempt made to build a court-house for the county. There was no money in the treasury to build a suit- able one, nor could a sufficient amount be raised by taxation, within a reasonable time, on the property then in the county. In May, 1826, Enos Vaughan was allowed $4.50 " as commissioner of the court- house and jail," but it does not appear what services he per- formed.


Temporary houses in which the courts were held were rented of John Owens and John Thornton up to 1828, and afterwards of Stephen A. St. Cyr, J. T. V. Thompson and others. In May, 1838, Wm. L. Smith, who as county commissioner had superseded Wm. Powe, Henry Estes and Wyatt Adkins, was authorized to contract for 100,000 bricks, and also for digging the foundation in the center of the public square, " 44 feet 4 inches square from out to out."


A large portion of the expense of building the house was borne by the citizens. In May, 1829, when Commissioner Wm. L. Smith re- signed, he had expended $672.11, of which sum $415.11 had been


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HISTORY OF CLAY COUNTY.


subscribed by the people. Joel Turnham succeeded Smith, and let the contract for laying the brick and for the greater portion of the wood work. The architect of the building was Judge George Burnet.


The work dragged along until in May, 1831, when Richard C. Stephens was appointed commissioner, and it was under his super- vision that the work was finally completed. Although some of the lower rooms were occupied in 1831, it was not until the spring of 1833 that the entire building, plastering, furnishing, etc., was finished. Joseph Bright did the carpenter work for $694.50; the lathing and plastering were done by John Dyke, Hezekiah Riley and Robert Bur- den. The tables were made by George C. Hall.


The court-house was of brick, two stories high. The first story was 14 feet and the second nine feet " in the clear." It was well lighted and had four doors or entrances on the ground floor, one at each cardinal compass point. As it was erected before the days of heating stoves the rooms were warmed by fire places, at least for many years. In 1836 lightning rods were placed upon it. This building was burned down in 1857, standing about 25 years, and was replaced by the present handsome, commodious and valuable structure.


In May, 1836, the public square was enclosed by post and square- rail fence, the rails being set in the posts " diamond position." There were four gates in the center of the four sides opposite each door of the court-house, and two stone steps led up to each gate.


THE FIRST JAIL.


For about ten years after its organization Clay county had no jail, or gaol, as it was commonly called. Prisoners were sent to the Lil- lard or Jackson county jail for safe keeping. In April, 1833, 1 our county court let a contract to Solomon Fry for the building of the substantial stone structure still standing in Liberty. Elisha Camron was commissioner. The building was completed and ordered paid for the following December, and it is said that it cost. less than $600.


DURING THE BLACK HAWK WAR.


Details of the Black Hawk War, which broke out in Wisconsin in the spring of 1832, between the whites and the Sacs, Foxes and Win- nebago Indians, belong to other histories. It is only with the part


1 By a misprint the sketch in the County Atlas says 1823.


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HISTORY OF CLAY COUNTY.


of that war with which Clay county was concerned that these pages have to deal.


The news that the war had broken out reached bere in due season. Various circumstances contributed to form a belief on the part of many prominent men well versed in the characteristics of the savages that a general Indian uprising from the Lakes to Mexico was imminent. In this part of Missouri many of the people were acquainted with the Sacs and Foxes and knew that they were formidable enemies if they once went on the war path. Knowledge of the events taking place in Wisconsin and Illinois coming to the people of this county, there was considerable alarm and apprehension. Some of the more adventurous of the early settlers who had pushed out on the frontiers into where is now Clinton county, retired in good order to this county, fearing that the Indians would swoop down upon them from Iowa unawares and leave none to tell the tale.


Fearing for the northern frontier and the settlements in this and other portions of the State, Gov. John Miller early adopted precau- tionary measures. About the 10th of May, 1832, he ordered the generals commanding the Missouri militia to warn the members of their commands " to keep in readiness a horse, with the necessary equipments, a rifle in good order, with an ample supply of ammuni- tion," etc. On the 25th of May, 1832, he ordered Maj .- Gen. Richard Gentry, of Columbia, to raise, without delay, one thousand volun- teers for the defense of the frontiers of the State, to be in readiness to start at a moment's warning. Accordingly, on the 29th of May, 1832, orders were issued by Gen. Gentry. to Brig .- Gens. Benjamin Means, commanding the seventh, Jonathan Riggs, eighth, and Jesse T. Wood, ninth brigade, third division, to raise the required quota, the first named 400, and each of the last 300 men.


Two companies of militia belonging to Gentry's division - a com- pany from Pike county, commanded by Capt. Mudd, and a company from Ralls county, under Capt. Richard Matson, were sent to the northeastern border of the State about the 1st of July.


Accordingly, Capt. Matson's company set out for the northern part of the State, and after some days of scouting and marching reached a point eight miles from the Chariton river, in what is now Schuyler county, and began the erection of a fort, which, in honor of the cap- tain of their company, the Ralls county men named Fort Matson. This fort commanded what was then known as the Chariton river trail, which led from Iowa down to the settlements near Kirksville. Three years before - that is to say, in 1829 -a party of Iowa Indians had


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HISTORY OF CLAY COUNTY.


made a raid on these settlements and killed a number of men and two women. It was believed that should the Indians come into the State one line of invasion would be over the Chariton trail, and in that event Fort Matson was designed as the first formidable obstacle they would encounter.


The Pike county company marched to the extreme northeastern part of the State, and built a fort ten miles from the mouth of the Des Moines river, within the present limits of Clark county ; this fort, in honor of their county, Capt. Mudd's men called Fort Pike. The two companies were kept pretty busy for some weeks scouting, picket- ing and fort building, but not fighting, for they saw no hostile Indians.


These companies were afterward relieved by Capt. Jamison's and Hickman's companies of Callaway and Boone respectively, as narrated on page 53 of this volume, which see for a summary of the events that took place in the northeastern portion of the State.1


Coming now to the part taken in the Black Hawk War by Clay county, it may be stated that two companies, commanded by Capts. Geo. Wallis and Smith Crawford, took the field in August. Craw- ford's company was from the northern and northeastern portions of the county ; Wallis' was from Liberty and the adjacent neighbor- hoods. Each company numbered about 60 men, who were all mounted, and every man furnished his own horse, arms, ammunition, and rations.


The battalion was under command of Col. Shubael Allen, who marched it northeast into the Grand river country, scouting that region thoroughly. From Grand river the battalion went westward to the boundary line, down which they marched to near Smithville, and came back by way of that village to Liberty, which they reached after an absence of 32 days. Not a hostile Indian, or, indeed, no Indians of any sort, were encountered on the entire march, which was void of interesting adventure or incident worth mention.


Mr. Anthony Harsell is now the only survivor of the Black Hawk War expedition from Clay county, known to the compiler, and from him much of the information contained in this article has been obtained.


ORIGIN OF THE PLATTE PURCHASE.


The accomplishment, in 1836, of what is known as the " Platte Pur- chase," deserves especial mention in a history of Clay county, because


1 NOTE. - By an omission, too late to be corrected, no mention is made on pages 53-54 of the only real important services performed by Missouri militia during the Black Hawk War -those performed by Capts. Matson's and Mudd's companies -and so they are inserted in the history of Clay county.


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HISTORY OF CLAY COUNTY.


it was in this county that the idea of the acquisition of that purchase originated, and where the plans for the same were fully matured. Moreover it was Clay county men who carried out these plans.


As Col. Switzler, in his History of Missouri says, many intelligent citizens of Missouri have often propounded the inquiry, without having it answered, - When, where, and by whom was the suggestion first made that Missouri, a State already among the largest in territorial area in the Union, should extend her boundary so as to embrace what is now known as the " Platte Purchase?" The idea originated in the summer of 1835, at a regimental militia muster at Weekley Dale's farm, three miles north of the town of Liberty, in Clay county.


After the morning parade and during recess for dinner, the citizens present were organized into a mass meeting, which was addressed, among others, by Gen. Andrew S. Hughes, who came to Clay from Montgomery county, Kentucky, in 1828, and who soon afterwards was appointed Indian agent by President John Quincy Adams. Gen. Hughes was a lawyer by profession, a gentleman of acknowledged ability, and in wit and sarcasm almost the equal of John Randolph.1 At this meeting, and in this public address, he proposed the acquisi- tion of the Platte country ; and the measure met with such emphatic approval that the meeting proceeded at once, by the appointment of a committee, to organize an effort to accomplish it. The committee was composed of the following distinguished citizens : William T. Wood, afterwards judge of the Lexington circuit; David R. Atchison, ex- United States Senator ; A. W. Doniphan, too well known to be men- tioned more fully ; Peter H. Burnett, afterwards Governor, and one of the supreme judges of California, and Edward M. Samuel, after- wards president of the Commercial Bank in St. Louis, and who died there in September, 1869, - all of them, at the time of the appoint- ment of this committee, residents of Clay county.


An able memorial to Congress was subsequently drafted by Judge Wood, embracing the facts and considerations in behalf of the mea- sure, which all the committee signed, and it was forwarded to our Senators and Representatives at Washington.


Pursuant to the prayer of this memorial, in 1836, a bill was intro- duced into Congress by Senator Benton, and ardently supported by his colleague, Senator Linn, namely, an act to extend the then exist- ing boundary of the State so as to include the triangle between the ex-


1 General Andrew S. Hughes died while attending court at Plattsburg, Missouri, December 14, 1843, aged 54 years.


.


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HISTORY OF CLAY COUNTY.


isting line and the Missouri river, then a part of the Indian Territory, now comprising the counties of Atchison, Andrew, Buchanan, Holt, Nodaway and Platte, and known as the "Platte Purchase." The difficulties encountered were threefold: 1. To make still larger a State which was already one of the largest in the Union. 2. To make a treaty with the Sac and Fox tribes of Indians whereby they were to be removed from lands which had but recently been assigned to them in perpetuity. 3. To alter the Missouri Compromise line in relation to slave territory and thereby convert free into slave soil. Notwith- standing these difficulties, the two first mentioned serious, and the last formidable, the act was passed and the treaties negotiated, and in 1837, the Indians removed west of the Missouri river, thus adding to our State a large body of the richest land in the world.


THE "HETHERLY WAR."


In the summer of 1836 occurred in Northern Missouri certain inci- dents known in the aggregate as the " Hetherly War." With these incidents it is proper to deal in this volume, since two companies of volunteers from Clay county took part in the war, and at the time the entire population was greatly excited and at times apprehensive.


From the official records of Carroll county, from the statements of living witnesses, 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 persons : 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 rendezvous 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 freebooters, Big and Little Harpe. The women of the family were prostitutes, and the men were believed to be villians of the hardest sort. One of Mrs. Hetherly's children was a mulatto, whose father was a coal black negro, that accompanied the family from Kentucky to Missouri. Bad as they were, however, the Hetherlys were perhaps not as black as they were painted, and many crimes were attributed to them of which, in all probability, they were innocent.


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HISTORY OF CLAY COUNTY.


Living with the Hetherlys as boarders, visitors or employes, were three or four young men whose reputations were none of the best, and who had doubtless drifted westward from the older States as they fled from the officers of the law from 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 execution. Tales were told of the sudden and utter disappear- ance 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.


Early in the month of June, 1836, a hunting party of the Iowa In- dians 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 pursuing 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 settle- ments raising an alarm that the Indians were in the country murdering and robbing, and claimed that they had killed Dunbar and other white men in the Upper Grand river country. The news was at first be- lieved, and there was great excitement throughout the country. A


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HISTORY OF CLAY COUNTY.


part of the story - that the Indians were in the country - was known to be true, and the rest was readily believed. Carriers were sent to Ray, Clay and Clinton, and the people were thoroughly aroused.


Gen. B. M. Thompson, of Ray, commanding the militia forces in the district, ordered out several companies, and at the head of a regi- ment from Ray,1 and Carroll moved rapidly to the scene of the re- ported troubles. The whole country north of Carroll county was thoroughly scoured. An advance scouting party penetrated the sec- tion of country where the Indians were, visited their camp and found them quiet and perfectly peaceable, and wondering at the cause of the visit of so many white men in arms.


Two companies from Clay were ordered out by Gen. Thompson. These were commanded by Capts. Wallis and Crawford, the same who had led the Clay militia in the Black Hawk War. Campbell's Gazet- teer states that one of these companies was the " Liberty Blues,"' com- manded by David R. Atchison, but W. A. Breckenridge, who belonged to Wallis' company, assures the writer that the " Blues " were not out.2 The battalion, numbering about 150 men, was again commanded by Col. Shubael Allen. There accompanied the militia some volunteers, among whom were A. W. Doniphan and O. P. Moss.


Obedient to orders Col. Allen marched his battalion almost due north, nearly along the then western boundary of the State to a point in what is now DeKalb county, and then turned east to the reported scene of the troubles. This was done to discover whether or not there was a movement of the savages from that quarter or to flank the supposed hostile band reported to be advancing down Grand river.


The first night on the march after leaving the county, Col. Allen's battalion encamped at Joel Burnam's, in the southwest corner of Clin- ton county, near where Union Mills or Edgerton now stands. Here 30 or 40 Indians, Sacs and Iowas, were encountered on a hunting ex- pedition, all friendly. Col. Allen held a council with them -it is not clear why. During the deliberations he stated to the savages that they would do well not to go on the war-path against the whites, whose soldiers, he assured them, " outnumbered the blades of grass on all these prairies ! "


Arriving at Grand river the battalion crossed and encamped one Sunday on its banks. No trouble of any sort was encountered.


1 The two companies from Ray were commanded by Capts. Matthew P. Long and Wm. Pollard.


2 Gen. Atchison himself, in a letter to the writer, corroborates this statement.


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HISTORY OF CLAY COUNTY.


After thorough examination and investigation of the situation and the circumstances, Gen. Thompson became perfectly satisfied that the Indians were not and had not been hostile - were innocent of the offenses alleged against them, but, on the contrary, had been preyed upon by the Hetherly gang in the manner heretofore described. After consultation the officers returned the men to their homes and disbanded them, and the great scare was over. The Clay county men marched to Liberty, via where Haynesville and Kearney now are.


The depredations and crimes alleged against the Indians were now traced directly to the Hetherlys. A warrant for their arrest was is- sued, and July 17, Sheriff Lewis N. Rees, of Carroll county (yet living), with a strong posse, apprehended them, and their preliminary examination came off before 'Squire Jesse Newlin, who then lived at Knavetown, now Spring Hill, Livingston county. The examination attracted great attention and lasted several days. The result was that the accused were found to be the murderers, either as principals or accessories, of James 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 keeping, until the October term of the circuit court. Old man Hetherly, his wife, and their daughter, Ann, were released on bail.


October 27, 1836, in obedience to a writ of habeas corpus, issued by Judge John F. Ryland, in vacation, the sheriff of Ray county brought into the circuit court, at Carrollton, the old man, George Hetherly, his wife, Jenny Hetherly, their sons, George, Jr., John, Alfred and James Hetherly, and Alfred Hawkins, all charged with the murder of James Dunbar. The accused were returned to the custody of the sheriff.


The grand jury found bills of indictment against the Hetherlys, and a separate 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. Thos. C. Birch was circuit attorney, but hav- ing been of counsel for the accused in the preliminary examination, was discharged from the duties imposed upon him by the law in this case, and Amos Rees was appointed by the court special prose- cutor.


On Tuesday, March 7, 1837, John Hetherly was acquitted. There being no sufficient jail in Carroll county, the Hetherlys were sent to the Lafayette county jail, and Hawkins to the jail of Chariton county, for safe keeping. Bills to the amount of $530 were allowed certain partiesfor guarding the prisoners.


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HISTORY OF CLAY COUNTY.


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 dis- charged. 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 Carroll- ton, and this time convicted of murder in the first degree, and sen- tenced to death. The sentence was afterwards 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 Hetherly family is not known.


CLAY COUNTY IN 1836.


The following description of Clay county in 1836 is from Wetmore's Gazetteer of Missouri, published in 1837 : -




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