USA > Missouri > Dade County > History of Dade County and her people : from the date of the earliest settlements to the present time > Part 20
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254
HISTORY OF DADE COUNTY AND HER PEOPLE
land, 1906-1910; C. W. Montgomery, 1910-1914; C. W. Montgomery, 1914 -.
Surveyors .- B. F. Walker, 1841-46; William Ander- son, 1846-50; N. H. Hampton, 1850-55; R. L. McGuire, 1855-60; T. A. Switzler, 1860-61; E. S. Rook, 1861-68; James M. Travis, 1868-72; A. H. McPherson, 1872-74; Arch M. Long, 1875, April to November; James M. Travis, 1875-84; Charles E. Woody, 1884-88; Arch M. Long, 1888- 1892; Benjamin Freedle, 1892 to 1896; J. C. Hedgecock, 1896 to 1900; W. H. Vanhooser, 1900 to 1904; Ward Mc- Connell, 1904 to 1908; John W. Scott, 1908 to 1912; T. K. McConnell, 1912 to 1916; M. W. Allison, 1916 -.
Chapter 14 JUDICIAL AND OFFICIAL HISTORY.
Courts.
County Court .- The formation of this court lias been mentioned in connection with the organization of the county. It was originally composed of three county justices, the first three being appointed by the governor of the state, and their successors elected by the people, and continued to be thus formed until 1873. In May, 1872, five petitions, containing in the aggregate the signatures of three hundred citizens of the county, were presented to the county court. The petitions read, in substance, as fol- lows:
To the Honorable County Court of Dade County, Mis- souri : Your petitioners ask that your honorable body submit to tlie voters of Dade County, the question of or- ganizing the county under the new law for township or- ganization, by which the present county court shall be abolished and a new court organized under the law.
In compliance with the prayer of the petition, the court ordered "that the question of township organization, under the act approved March 18, 1872, be submitted to the qualified voters at the general election in 1872, by bal- lot to be written or printed, 'For Township Organiza- tion,' or, 'Against Township Organization,' to be can- vassed and returned in like manner as votes for state and county officers."
On awaiting the votes after the election, it was found that 886 votes were cast in favor of township organization, and 439 against it; the votes by municipal township being:
Township Organization.
For
Against
Center
148
129
Morgan
216
19
Sac
47
54
256
HISTORY OF DADE COUNTY AND HER PEOPLE
North
114
11
South
18
57
Polk
77
53
Cedar-North Division
73
5
Cedar-South Division
45
4
Marion
58
2
Grant
63
Rock Prairie
6
86
Smith
21
20
In May, 1873, the county court, under the provisions of the township organization law, divided the county into four districts, composed of the several townships, as fol- lows:
District No. 1 to contain Morgan, Polk and Rock Prairie Townships; District No. 2 to contain Sac and Center townships; District No. 3 to contain North, Cedar and Marion Townships; District No. 4 to contain South, Smith and Grant Townships. An election was then ordered to be held on the 6th day of June following, for the purpose of electing, as provided by the new law, a county court judge in each district, and one for the county at large. The election being held, it was found that R. A. Clark was elected at large as presiding judge of the county, and that Robert Cowan, Samuel B. Shaw, Thomas J. Carson and A. D. Hudspeth were elected judges, re- spectively, of the First, Second, Third and Fourth dis- triets. Thus the county court continued to be organized until 1875, when township organization was abolished, and the court, under a new law, was made to consist of one judge only, together with the other usual attendant of- ficers, clerk and sheriff. J. M. Stookey was the first sole judge serving from 1875 to 1876. He was succeeded by John N. Landers, who served until 1876, when another change was made in the formation of the court, it going back to the old system of three county court justices, under which it continued to be composed until it was re- organized under the new law of 1877. This law, en- titled, " An act to provide for a uniform system of county courts," approved April 27, 1887, provided that each
Greenfield Residence. FRANK E. KING AND WIFE.
L
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257
HISTORY OF DADE COUNTY AND ITS PEOPLE
county should be divided into two districts as nearly equal in population as possible without dividing municipal townships, and, at the general election in 1880, and every two years thereafter, there should be elected in each dis- trict an associate judge of the county court, and, at the general election in 1882, and every four years thereafter, a presiding judge of the court should be elected at large.
In compliance with this law, the county court divided the county into two districts-the Eastern to be composed of the municipal townships of South, Rock Prairie, Polk, Morgan and Sac, and the Western, of the municipal town- ships of Cedar, Marion, Grant, Smith, Center and Northi. In accordance with the law last recited, and the com- pliance with it, the county court has ever been, and still continues to be composed. Under the head of "County Officers," a list of all the county court justices and judges, as shown by the records, may be seen.
In December, 1856, the county court of Dade County, appointed Arch M. Long, as agent to select the swamp lands of the county, under the act of Congress donating these lands to the state. The lands were selected by Mr. Long, but the county failed to obtain a title thereto, hence the school fund of the county was never increased from the proceeds of the sale of any swamp lands.
Probate Court .- The county court exercised jurisdic- tion over all probate business until the probate court was established in 1845. This court held a special session at the house of William Penn, beginning, on the 15th day of March, 1841, for the transaction of the first probate busi- ness after the county was organized. The first admin- istrator was William C. Campbell, who was appointed to administer on the estate of Robert Alexander, deceased. He filed a bond in the sum of $3,500, with Peter Hoyle as surety, conditioned for the faithful performance of his duties. Robert Graham and John Edsall were appointed witnesses to assist him in examining the books, papers and accounts of the decedent, and perfecting an invoice of the property. Redden Crisp, the second administrator, was appointed to administer on the estate of John Bostick, de-
258
HISTORY OF DADE COUNTY AND HER PEOPLE
ceased. As such, he gave bond in the sum of $800, with William Lewis and Bartholomew Millholland as sureties. Zepheniah Lacy and William Lewis were appointed wit- nesses to assist him, etc. The first will probated in the county was that of Thomas Bowles, deceased. It was presented by Sarah Bowles, the executrix, and proved by John H. Praddy, Marietta Praddy and John P. W. Bowles, the three subscribing witnesses thereto. In November, 1841, James Ventioner was appointed guardian of George W. Bearden, infant heir of Lambert S. Bearden, deceased. These were the first guardian and ward in the county. The first public administrator was John C. Wetzel.
The first judge of the Probate court was Peter Hoyle, who received his commission as such from Gov. John C. Edwards, the instrument being dated August 15, 1845. Hoyle qualified as probate judge, August 26, 1845, and made his first entry of business on the record, Feb- ruary 9, 1846. A separate judge continued to be elected for the probate court until 1875, at which time the juris- diction of this court was assumed, under the law, by the sole judge of the county court, and exercised by him until the office of a sole county court judge was abolished, after which separate judges were elected, and still continue to be elected, for the probate court. (See "County Of- ficers.")
Circuit Court .- The first record of the proceedings of this court has been destroyed, consequently a few items, such as the first grand and petit juries, the first business transacted, and trials had, cannot be given. The first rec- ord of the circuit court preserved is that of the October term, 1845, when C. S. Yancey was judge. When the court house was burned, in 1863, a certain individual, against whom stood a record of criminal charges, cut out from one of the books the pages containing the record of proceedings from October 1860 to October, 1863. This court, as well as the others, was somewhat interrupted in holding its sessions during the war period.
The Dade County Bar .- The legal bar of Dade County has for many years been noted for its brilliant attorneys.
259
HISTORY OF DADE COUNTY AND ITS PEOPLE
Many of them have gained distinction, not only in the local courts but in the higher tribunals of the state. Others have gained a statewide reputation as public speakers and politicians. The Dade County Bar as it is now constituted is composed of the following local attorneys:
Mason Talbutt, S. A. Payne, A. J. Young, Ben M. Neale, Fred L. Shafer, R. D. Payne, Elmer E. Pyle, Ed- win Frieze, Will R. Bowles, all of Greenfield and E. R. Hightower and S. A. McMillen of Lockwood.
Criminal Record .- The county of Dade has not been as extensively cursed with crime as many of the older counties of the state, though her record in that respect is sufficiently appalling. Only two executions for the crime of murder have taken place in the county, and only one of these for a murder committed within its limits. This one was the execution of Peter Douglas, a slave, who, about the year 1848, killed his wife and two or three of his children, and then attempted to kill himself. He was tried for the offense, found guilty, and, in accordance with the sentence of the court, was executed on the gal- lows in the town of Greenfield. During the war period, a number of murders were committed in the county, and at the close thereof a number of persons were indicted and arrested for the offense, but before trial, the cases against them were nolle prosequied under proclamation of the president.
In December, 1873, a colored man named Monroe Richardson was indicted for the murder of another colored man named William Miller. He was arrested, placed in jail, made his escape therefrom, ran away, and has never been re-arrested. At the October term, 1879, of the Dade Circuit Court, Thomas B. Hopper was tried on change of venue from Cedar County, for the murder in that county of Samuel C. Ham. He was found guilty of murder in the first degree and was sentenced to be hanged. He then took an appeal to the Supreme Court, where the sentence was confirmed, and, in accordance therewith, he was, on the 25th day of June, 1880, executed upon the gallows, at Greenfield.
260
HISTORY OF DADE COUNTY AND HER PEOPLE
Early in 1881, Donald McElrath, an officer, was killed in the town of Greenfield by Taylor Underwood, while attempting to arrest him on a charge of crime. Underwood was indicted for the murder of McElrath at the April term of the court in that year and, on being ar- rainged for trial, was granted a change of venue to Barton County, where he was afterwards tried and found guilty of murder in the first degree, and was sentenced to be hanged. He then took an appeal to the supreme court, where the judgment was reversed, and he remanded for new trial. On being arrainged for the second trial, he plead guilty to man-slaughter, and was sentenced to the penitentiary for life.
In 1885 there was considerable petty thieving carried on in and about the town of Everton, and George Burlis was suspected of being engaged in the business; where- upon a mob assembled and captured Burlis, took him out in the woods, and tried to make him confess. Failing in this, they told him to run, and when he ran, some one or more of them shot at and killed him. Afterward Jesse P. Small, Jacob Sample, S. H. Wilson, Jr., and G. R. Gar- rison were severally indicted for the murder of Burlis. Small was tried for the offense at the April term of court in 1887, and acquitted; whereupon the case against the other defendants were nolle prosequied. Prior to the kill- ing of Burlis, a man, in attempting to perpetrate a theft, had been wounded by a shot from a revolver or gun, and it was supposed Burlis was the man, but it was found, after he was killed, that his body had not received the wound. After the death of another individual in the place, his body was discovered to have been wounded, which led to the suspicion that he, instead of Burlis, was the guilty one.
In November, 1887, Daniel Pippinger was indicted for the murder of Ephriam Walker, and, upon entering a plea of guilty of manslaughter at the November term, 1888, he was sentenced to serve a term of two years in the peniten- tiary.
261
HISTORY OF DADE COUNTY AND ITS PEOPLE
On the night of July 3, 1881, a band of disguised in- dividuals went to the jail in Greenfield, and took William Underwood, James Butler, Jr., and Frank Craft, who were confined therein on a charge of horse stealing, and hanged them until they were dead, and left their bodies suspended from the limbs of the trees on the west side of the court house, where they were discovered the next morning by the citizens of the town. These unfortunate men were supposed to belong to a regularly organized gang of horse- thieves. Though this was an unlawful and summary way of inflicting punishment, it is said that it had the effect of breaking up the horse stealing business in Dade county.
Chapter 15
GENERAL RESOURCES AND STATISTICS.
Mineral Resources. - The mineral deposits of the county consists of coal, iron, zinc and fire-clay. Coal has been discovered in several places in the northwestern part, and the McCluey Mines, owned by Robert McCluey; the McGarvey Mines, owned by Samuel McGarvey; the Star Banks, owned by W. L. Burnett, Jr .; the Seaton Banks, owned by J. R. Seaton, and many others, have been opened and operated by their respective owners. The eastern limits of the coal beds, so far as prospected, extend to Cedar Creek, and as far south as its head. There are three distinct strata, the first, or surface stratum, rang- ing from one and a half to three feet in thickness. Lower strata run from two to five feet in thickness. The upper or surface stratum crops out in many places along the valleys and streams. As far as prospected all the strata are soft bituminous coal. It usually sells at about $1.75 per ton at the banks. Estimated products for the winter months of 1886-87 were Robert McCluey Mines 60,000 bushels; twelve other mines, 135,000 bushels. Number of men employed, 75 to 90; distance from railroad, eight miles.
The iron deposits exist mostly in the northeastern portion of the county-in Morgan township. Solid masses of iron ore have been discovered on the surface in many localities. At an early date in the settlement of the county, a small forge was erected on Sac River, where the ore from this region was smelted and manufactured into iron. For the want of transportation the work was abandoned, and no further developments of the iron re- sources in that region have been made.
Zinc was discovered in Dade County in 1874, at Corry, ten miles northeast of Greenfield; at Pemberton, two miles further south on Sac river, and at the McGee diggings, a short distance farther up the river, and nearly due east of
263
HISTORY OF DADE COUNTY AND ITS PEOPLE
Greenfield. These deposits consist of carbonites, silicate and blende, in almost unlimited and apparently inexhaust- ible bodies, from whichi, since 1784, thousands of tons of raw ores have been shipped annually to zinc furnaces at La Salle, Illinois; Cherokee, Kansas; Joplin, Missouri and other points. Lead mining, however, is the over-topping mining industry of Dade County. In the spring of 1875, some miners, while mining for zinc, about ten miles north- east of Greenfield, and east of Sac river about two miles, and near where the mining town of Corry is now situated, struck a boulder of lead weighing 50,000 pounds only a few feet below the surface. The excitement grew intense. Hundreds of miners, prospectors and capitalists flocked to the spot. Other rich discoveries of lead rapidly followed. The Dade County Mining and Smelting Company was or- ganized by the citizens of Dade county. Furnaces were erected, and the town of Corry laid out. At the close of the year, 1875, over half a million pounds of lead had been mined and smelted.
This company still continues the business, and the amount of lead mined and smelted in the county since the ore was first discovered and the mines opened amounts to several million of pounds, while the amount of zinc that has been mined and shipped from the county reaches many thousands of tons. Large deposits of fire-clay of superior quality exists in the southeastern portion of the county-near Rock Prairie, about twelve miles southeast of Greenfield-on the line of the Kansas City & Mem- phis Railroad. A pottery has been established at this place, and a large quantity of earthenware and tiling has been manufactured.
Manufacturing .- Dade County contains all the ele- ments which go to make up a good manufacturing center; coal, iron, zinc, lead, fire-clay, and the best building stone in the west. The stone for the United States building at Fort Smith was taken from the stone quarries in Dade county, which are said to be superior in quality to any building stone in this part of the country. Lime is also manufactured in this county. Some of the foregoing has
264
HISTORY OF DADE COUNTY AND HER PEOPLE
been compiled or quoted from a carefully prepared article by a well-posted citizen of Dade County, the same being verified by existing facts.
Dade County is abundantly supplied with water power, and several flouring mills and saw-mills have been erected on her principal water-courses. On the Sac River are two flouring mills with the full roller process for the manufacture of flour; and there are several grist-mills on Turnback and Limestone Creeks. There are also a number of waterpower saw mills in the county.
Agriculture, Stock Raising and Horticulture .- Dade County is well adapted to general agricultural pursuits, and, on account of its mild climate and excellent supply of water, it is especially well suited to the raising of stock. The mild climate also renders the growing of fruits a profitable undertaking. Wheat growing has risen from an experimental branch of farming to one of the leading crops. The early settlers of the county, coming mostly from Kentucky and Tennessee, introduced the wooden mold-board and bull tongue, with which the farming was principally done prior to the Civil War. After the close of that struggle, with the coming of settlers from more northern portions of the United States came the modern implements of the country, as well as better methods of farming, and the result has been a very great improve- ment in farming, but yet the room for improvements has by no means been fully occupied.
Owing to the mild temperature, high altitude, and slight trouble from insects, fruit has always done well in Dade County. Before the county was connected by rail with Kansas, thousands of wagons came annually from that state to this part of Missouri for apples. Kansas is still supplied with fruit from this part of Missouri, but mostly now by rail instead of by wagons. Apples, peaches, pears, plums, especially wild plums, and all the smaller fruits common to this latitude, grow here in great abund- ance and mature to great perfection. Grapes, both culti- vated and wild, produce abundantly. Great quantities of wine are made from the native grapes. Fruit raising
1
10
A :
THE F. M. SNEED DRUG STORE, Greenfield.
DR. T. R. KYLE.
265
HISTORY OF DADE COUNTY AND ITS PEOPLE
for the market is still in its infancy, but farmers are planting extensive orchards and preparing for the future. The Ben Davis apple is the variety mostly cultivated for the market. A large orchard of trees loaded with this beautiful variety of apple is one of the most attractive natural scenes ever beheld.
Statistics .- To show agricultural and stock-raising resources of the county, the following statistics are taken from the U. S. census reports for 1880: Number of farms, 1756; improved lands, 98,290 acres; value of farms and improvements, $1,915,817; value of farm implements, $103,229; value of live stock, $702,328; estimated value of all farm productions for 1879, $554,972. The same report gives the amount of vegetable productions for the year 1879, as follows; buckwheat 465 bushels; Indian corn, 1,373,896 bushels; oats, 178,978 bushels; wheat, 110,157 bushels; rye, 1,905 bushels; hay, 2,602 tons; Irish pota- toes, 16,860 bushels; sweet potatoes, 4,980 bushels; to- bacco, 5,442 pounds. The reader should bear in mind that all these productions did not come from the whole area of the county, but only from the acres under cultiva- tion of the 98,280 acres of improved lands, the latter being only about three-tenths of the whole area of the country.
The amount of live stock in the county, as shown by the report, was as follows: horses, 5,332; mules and asses, 1,368; meat cattle, 21,159; sheep, 12,019; swine, 31,432; pounds of wool, 46,354. To show the increase, or decrease in the number of head of live stock from 1880 to 1888, the following statement of the number of animals in the county as returned by the assessor for the purpose of taxation for the latter year, is given; horses, 7,928; mules and asses, 2,280; meat cattle, 26,244; sheep, 5,923; swine, 26,426. A comparison of these figures shows a large increase in the number of horses, mules and asses and meat cattle, and a large decrease in the number of sheep and hogs. The decrease in number of sheep for the eight years was 6,069, being more than half the number in the county in 1880. This rate of decrease if continued, will soon drive the industry of raising sheep from the county.
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HISTORY OF DADE COUNTY AND HER PEOPLE
The cause for it must be the decrease in the price of wool, and what caused the decrease in the price of wool cannot be discussed here. The decrease in the number of hogs, as shown for the same time, amounts to 5,006, but this can be accounted for by the fact that the census re- port shows the number of hogs raised during the pre- ceeding year, including those sold and slaughtered, while the assessor's report shows only the number on hand at a certain time-when taxes accrue. This, to a very limited extent, is also true with reference to the sheep, but only so, as sheep are raised almostly entirely for the wool pro- duct, only a few being sold or slaughtered. In all prob- ability, the number of hogs now raised in the county is much greater than in 1880. Stock raising, with the ex- ception of sheep, is very profitable in Dade county, and the farmers have introduced the best and finest kinds of animals.
Population .- The population of Dade County was, in 1850, 4,246; in 1860, 7,072; in 1870, 8,683; in 1880, 12,- 557. The colored poulation, including the foregoing, was in 1860, 351; in 1870, 204; in 1880, 248. Nearly all the colored people enumerated in 1860 were slaves, that being before the abolition of the institution of slavery. The census of 1890 will show a marked increase in the entire population of the county, as it is increasing considerably by immigration. The population of the county in 1880, by municipal townships, was as follows; Cedar, 1,161; Center, including Greenfield, 1,968; Grant, 628, Marion, 594; Morgan, 1,679; North, 1,200; Polk, 1,117; Rock Prairie, 1,097; Sac, 1,200; Smith, 741; South, 1143.
Taxable Wealth and Taxation .-- As a matter of course, the taxable wealth of the county at its organization was but meagre, consisting only of the limited amount of property owned by the few pioneer settlers. The following table shows the amount of taxable wealth accumulated from the settlement of the territory composing the county, up to the year, 1880, and increase thereon from that time up to 1888:
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HISTORY OF DADE COUNTY AND ITS PEOPLE
Real Estate. $ 904,563
$1,537,046
$ 632,483
Personal property.
776,757
1,210,710
433,953
Merchants' property
64,432
104,407
39,975
Railroad property.
338,055
338,055
Telegraph property .
3,838
3,838
Total
$1,745,752
$3,194,056
$1,448,304
0
POPULATION STATISTICS, DADE COUNTY.
Poulation last Federal Census; color, sex and nativity of inhabitants and birthplace of foreigners; other facts:
Total population. .... 15,613 Denmark
1
Rural population. .. . 15,613 England
25
White population .. . 15,378 France
1
Negro population 235 Germany
149
Native white. 15,149 Holland
1
Foreign born. 229 Ireland
2
Male inhabitants. 7,960 Italy
8
Female inhabitants .. 7,653 Russia
2
Dwellings, number ... 3,530 Scotland
2
Males of voting age .. 4,080 Sweden
1
Families, number .... 3,571 Switzerland
22
Foreign Nationalities: Wales
2
Austria
4
Belgium
1
Total
229
Canada
8
0
SURPLUS SHIPMENTS, DADE COUNTY, 1912.
The folowing table gives the commodities shipped from the county in 1912, as supplied by the railroad and express agents on whose accuracy and care it depends how complete they are. Nothing sold and consumed locally is included :
Live Stock-
Farm Crops-
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