USA > Missouri > Harrison County > History of Harrison County, Missouri > Part 8
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71
New Hampton, which is located on the Burlington Railroad on sec- tions 7 and 8 in White Oak Township, is a live business center and an important shipping point. There are two banks, two elevators and a num- ber of progressive merchants here. New Hampton has a population of 519 and its schools are among the best in Harrison County.
Eagleville is one of the old towns of the county and since its estab- lishment has maintained an important commercial position, notwith- standing the fact that it is not on a railroad. Its nearest railroad is at Bdythedale, a distance of about four miles. Eagleville has a bank, an excellent high school and several important mercantile establishments and is in the center of a rich agricultural country. The town site occupies a part of section 6 of Marion Township and section 1 of Union Township and the population in 1920 was 340.
Mount Moriah, another inland town of Harrison County which has maintained a position of local commercial importance despite the fact that it was "missed" by the railroad has a population of 331 and is located in sections 22 and 23 of Trail Creek Township. The town has a bank and
166
HISTORY OF HARRISON COUNTY
several stores and for many years has commanded an extensive trade from the surrounding country.
Blythedale, a thriving village of 294 population on the Burlington Rail- road is located on sections 34 and 35 in Colfax Township. This is an im- portant trading and shipping point and has some of the leading mercantile establishments of the county and the banking interests are represented here by one of the substantial banks of the county. Blythedale has a number of churches and is known for the excellency of its public schools.
Melbourne, a town located on the Quincy, Omaha & Kansas City Rail- road in Sugar Creek Township has a population of 159 and is a progressive village. There is a bank and mercantile establishments here.
Other villages of Harrison County where business centers are main- tained are Brooklyn, which is located on section 27, Union Township, and has a population of eighty-four; Andover, a village on the Burlington Rail- road in Colifax Township; Akron, an inland village in Clay Township; Blue Ridge, in Adams Township; Bridgeport, Cypress Township ; Hatfield, Lincoln Township; Martinsville, Dallas Township; Matkins, Butler Town- ship and Pawnee, Hamilton Township.
The population of Harrison County is 19,719, census of 1920.
CHAPTER XV
EARLY RECORDS.
FIRST INSTRUMENT ON RECORD-FIRST DEED-SECOND DEED-THIRD CONVEY - ANCE OF REAL ESTATE-THE FIRST MORTGAGE-COLLECTOR'S BOND-LIST OF EARLY MARRIAGES-PETITION TO ENFORCE ACT RESTRAINING DOMES- TIC ANIMALS FROM RUNNING AT LARGE-THE VOTE.
The first instrument on record in the circuit clerk's office is a letter of attorney by Prudence Fox of Whitley County, Kentucky, appointing "her friend James Faulkner of Livingston County, Missouri, to attend to all matters pertaining to the settlement of the estate of her son Sampson Fox" of the latter county and state, the writing bearing date November, 1845.
Following the above appears a warranty deed "for a certain track, piece or parcel of land situated, lying and being in the County of Harrison and State of Missouri, to-wit: the southeast quarter of the southeast quarter of Section No. 5, Township 62, Range 28, containing forty acres more or less" sold by Benjamin Taylor to William Cummings for $200.00 and acknowledged February 26, 1846 before Elkanah Timmons, a Justice of the Peace.
The second deed bears date of January, 1846, and is for "ten acres of land off of the northeast quarter of the northeast quarter of Section Seven (7) Township 62 Range 28 in the district of land sold at Plattsburg, Missouri," conveyed by John G. Musick and his wife, Mary Musick, to J. D. Hardin for a consideration of $40.00.
The third conveyance of real estate was made by Reuben and Sarah Tilley, who, for a consideration of $1,000.00, sold to Michael Fleenor a tract of land containing 463 acres more or less, situated in the southern part of the county. Michael Fleenor then deeds to Reuben Tilley an equal number of acres in the same part of the county for $1,500.00 the last in- strument bearing date February 23, 1846.
168
HISTORY OF HARRISON COUNTY
The first mortgage upon record in the county was given by Jeremiah Young to Reuben Tilley for $100.00 on the west half of the northeast quarter of Section 31, Township 63, Range 29, dated November, 1846.
Among the earliest instruments of record was the bond of Henry Fuller as collector of Harrison County, made on August 10, 1846, and recorded during the ensuing month. The material part of the bond is worded as follows: Know all men by these presents, that I, Henry Fuller, principal and Thomas Tucker, E. S. Hughes, James Fuller, David Harris and William Allen, securities, are held and bound to the State of Missouri in the sum of $1,000.00 to the payment of which we bind ourselves, our heirs, executors, etc .; the condition of the obligation being such "that the said Henry Fuller does faithfully and punctually collect and pay over all the state and county revenue for the two years next ensuing the first day of September thereafter. And that he will in all things faithfully perform all the duties of the office of collector according to law, then this obligation to be void, otherwise to remain in full force and effect."
The following is a list of the earliest marriages solemnized in Harrison County during the first two years of its history. David C. Bryant and Permelia Edmiston married November 6, 1845, by Rev. L. Morgan. Ben- jamin Casner and Nancy Miller were united in the holy bonds of wedlock on December 26, 1845, by Ivan Lane, Justice of the Peace. Willis Harper and Eleanor Williams were on November 11, 1845, made man and wife by Charles L. Jennings, a Justice of the Peace. Thomas H. Poynter and Susan S. Jenks were married on December 24, 1845 by C. L. Jennings.
Other early marriages were Elkanah Ratcliff and Catherine Prewet ; John Spencer and Emily Safter; Matturn Taylor and Mary M. Henson; John Taylor and Mary E. McDaniel; Alfred Williams and Sarah Vander- pool; William Allcock and Rebecca Allen; Joshia J. Allen to Mary Hogan; David Blaketer and Harriet Lawson; Core Houk and Melinda Dolson; Levi Hunt and Caroline Cummins ; George W. Hanners and Elizabeth Bullington; Jesse Haunn and Saulda Booth; Archibald M. McDaniel and Jane Daniels ; Harden Casmen and Elizabeth Hulse ; Frank M. Brown and Saulda Poynter ; John W. Brown and Irene Higgins; Samuel Corister and Nancy Miller; William Carver and Tainer Condry; Tobias Deboice and Mary Garner; Peter C. Dowell and Hester W. Brown.
At the August term, 1888, of the County Court action, among other things, was had as follows : the record showing, "Comes now J. Walker and more than 100 householders of Harrison County, Missouri, and petition the
169
HISTORY OF HARRISON COUNTY
court to cause to be submitted to the qualified voters of said county at the next general election the question of enforcing in said county the provi- sions of an Act of the Thirty-Second General Assembly of the State of Missouri in relation to restraining domestic animals from running at iarge as follows:
Restraining from running at large all species of cattle, horses, mules, asses, swine, sheep and goats in said county. It is therefore ordered by the court that the question of enforcing said Act in said county be sub- mitted to the qualified voters of said county at the next general election to be held on Tuesday, November 6, 1888, at the usual voting places in said county and that at said election all ballots voted bearing the written or printed words 'For enforcing the law restraining all species of cattle, horses, mules, asses, swine, sheep and goats from running at large' shall be counted in favor of the provisions of said Act, and that all ballots voted bearing the written or printed words 'against enforcing the law restrain- ing all species of cattle, horses, mules, asses, swine, sheep and goats from running at large' shall be counted against enforcing the provisions of said act. And it is further ordered by the court that public notice be given that such vote will be taken by publishing a notice of the same in a newspaper published in said Harrison County for three weeks con- secutively, the last insertion to be at least ten days before the day of such election, and by posting up printed notices thereof at three of the most public places in each township in said county at least twenty days before said election, and the sheriff of said county is hereby ordered and directed to post said notices as above stated."
The record of the November term, 1888, of the County Court shows that at the election on November 6, 1888, the law restraining all species of cattle, horses, mules, asses, swine, sheep and goats was voted upon with the following result :
For enforcing said Act
2,157 votes
Against enforcing said Act 1,832 votes
Majority for
325 votes
CHAPTER XVI
CIRCUIT COURT AND BAR.
FIRST CIRCUIT COURT IN 1846-FIRST ATTORNEYS LICENSED TO PRACTICE-FIRST BUSINESS-FIRST SUIT FILED-FIRST TRIAL-THE JURY-THE VERDICT- THE SECOND CASE-OTHER BUSINESS-THE GRAND JURY-FINDINGS OF THE JURY-INDICTMENTS-ATTORNEYS ADMITTED MARCH TERM, 1847- GRAND JURORS-INDICTMENTS FOR "KILLINGS"-TRIALS-FIRST DIVORCE SUIT-FIRST FOREIGNER NATURALIZED-PROBATE COURT-PROCEEDINGS- FIRST PROBATE JUDGE-THE PIONEER LAWYER-MEMBERS OF THE HAR- RISON COUNTY BAR.
On April 23, 1846, Honorable Austin A. King, judge of the Fifth Judi- cial Circuit of Missouri, at the town of Bethany, organized and held the first Circuit Court in Harrison County. There were present on that occa- sion besides his Honor, the judge, the following officials: George W. Dunn, circuit attorney ; John W. Brown, sheriff, and John S. Allen, clerk.
On motion of George W. Dunn, Philip L. Edwards, Charles E. Bowman, George W. Poage and Moses Simonds, all being duly licensed according to law, were admitted to practice as counselors and attorneys-at-law and solicitors in chancery.
The first business was the return of a state writ of venire facias by the sheriff executed upon Eli McDaniel, James Mitchell, Jacob A. Brown, Samuel Alley, Lorenzo D. Thompson, William Hamblin, Henry Fuller, Thomas Hutchins, Edward L. Ellis, Elkanah Glover, James A. Dale and Charles L. Jennings, "fifteen good and lawful men of the County of Harri- son aforesaid, as a grand jury and the said Eli McDaniel as foreman, and his fellow jurors aforesaid being duly empowered, sworn and charged as a grand jury of the State of Missouri for the County of Harrison aforesaid, retired to consider their presentments."
The first suit filed was a case on appeal from a Justice Court in what was then North Township. William Lauderback, plaintiff, vs. George Wil-
171
HISTORY OF HARRISON COUNTY
liams, defendant. Briefly stated the history of the case as tried before Henry Fuller, Justice of the Peace, is as follows: It appears that the said George Williams from some cause committed the flagrant act of killing a canine belonging to the said Lauderback, whereupon the latter brought suit for damages, trespass, etc., as shown by the following bill of com- plaint. "George Williams to William Lauderback debt and damages $25.00; ten dollars for killing one dog, and ten dollars damage for killing one dog, and ten dollars damage for killing one dog and wounding another dog, and for trespassing on my property. William Lauderback."
The above bill of charges was filed April 30, 1845, and on the 13th day of the succeeding month, the trial took place before a jury composed of the following yeomen, to-wit: Abraham Endsley, Elkanah Golver, Allen Hubbard, James Ramey and Shephard Hunter. The trial excited no little interest in the community and nearly all the citizens of the neighborhood were subpoenaed as witnesses.
The defense was ably conducted by Elder John S. Allen, but despite all his efforts in behalf of his client the plaintiff by solemn oath as well as by the testimony of several reputable witnesses established beyond a reasonable doubt the "good character" of the murdered canine, besides proving the killing to have "been done without just cause or provocation." The jury after carefully weighing all the evidence of the case agreed upon the following verdict :
"We, as jurors, dew fine verdick in favor of the plantif five dollars damage, and costs. A. B. Endsley, Foreman."
The defendant feeling aggrieved by this verdict and thinking justice had not been accorded to him in the trial, filed the following appeal to the Circuit Court :
"You will take notis that I have taken an appeal from the judgment of Henry Fuller, Esq., obtained against me in your favor in an action of debt damage and trespass on the 13th day of May, 1845, to the Circuit Court of Harrison County, to be held on Thursday after the third Monday in April, 1845, it being the 23rd day of the month.
"George Williams, Defendant.
"Charles M. Scott, Security."
In the Circuit Court the plaintiff filed his motion to dismiss the appeal on account of the insufficiency of the security for the appeal which was overruled by the judge: "The defendant files his motion to dismiss the
172
HISTORY OF HARRISON COUNTY
plaintiff's suit which motion being heard by the court is sustained." "It is therefor ordered by the court that the suit be dismissed and that said defendant recover of the said plaintiff his costs as well in this court as in the Justice's court below in his behalf expended and that he have execution therefor."
The next cases on the docket were Ansel Terry vs. Samson Alley in "assemsit" and James R. Timmons and John D. Timmons vs. Nathan Spencer, ejectment, the former continued and the latter dismissed at the cost of plaintiff.
The grand jury returned into court the following indictments en- dorsed true bills and signed by the foreman, to-wit: Against John Murphey, Jonas Casner, Benjamin Casner, Charles Hauk, John Taylor and Harvey Taylor, for a rout, also State against Francis Burrell for larceny.
John W. Brown presented his account as sheriff for $5.50, after which there being no further business, the court adjourned "until court in course."
The record of the one day's proceedings including the opening and adjourning orders and impaneling the grand jury occupy only a little over three pages of the record.
The grand jury for the October term, 1846, was composed of the following men: Samuel Edmiston, Marshall Howell, Robert Ford, Thomas Daniel, William R. Allen, William Long, Andrew M. Cox, Thomas Jennings, Willis Harper, Abel W. Allen, Robert Young, Lewis Charlton, Edward Winkle, Hampton Cox, and James C. Brown. Samuel Edmiston was fore- man. The first trial by jury at this term was the State of Missouri against Charles Hauk, indicted at the previous term for instigating and participat- ing in a "rout" at the town of Bethany. The following are the names of the jurors : Thomas Mitchell, Samuel Cox, George Williams, Joseph Young, George Hamblin, Stephen C. Allen, John Casebolt, Howell Blaketer, Joseph J. Arnold, Thomas Prewett and William Moler. Through their foreman, S. C. Allen, reported the following verdict: "We, the jury, find the de- fendant guilty as charged and assess his fine at $5.00." "It is therefore ordered that the plaintiff recover the fine of $5.00 aforesaid as also the costs in this behalf expended and that she have execution therefor, and also that the said defendant stand committed until said fine and costs are paid, being in court he is put in custody of the sheriff."
The second jury trial was the State against Francis Burill, indicted for larceny at the previous term of the court. The following gentlemen com- posed this jury: Stephen C. Allen, James Fuller, A. Thompson, Samson
173
HISTORY OF HARRISON COUNTY
Alley, Michael Fleenor, Thomas Tucker, William N. Ford, Joseph Young, Richard Young and Jesse Vail. The verdict was: "We, the jury, find in favor of the defendant."
The grand jury at this term returned indictments against the follow- ing persons: Simon Burgin, for peddling clocks without license; Joseph Hall, for assault with intent to commit manslaughter; John Vail, for selling liquor without license; Francis B. Miller, John A. Scott and Allen Scott, for trading with the Indians.
The case of Ansel Terry vs. Samson Alley continued from the first term was disposed of by the court in favor of the plaintiff and damages assessed at $181.00.
At the March term, 1847, the following attorneys and counselors were admitted to practice in the courts of Harrison County : Philip L. Edwards, Volney E. Bragg and Thomas L. Frame.
The following served as grand jurors during the term: Aseph M. Butler, foreman; Reuben D. Tilley, Thomas Taylor, William Oxford, John Oatman, George Noah, Jeremiah S. Young, William M. Selby, Elijah Flem- ing, Matthew Franklin, Joseph Young, Norvell Allcock, Isaac Hamer, Eli Salmon, Major Daniel and William C. Atkinson.
They returned indictments for "killing" against Hill Wortman and Lewis Hunt, and against Josiah Spurgin for "murder." The latter case occasioned a great deal of interest, being the first event of a sanguinary nature that took place in the county. Spurgin was tried by jury, the charge being the killing of Jacob Mitchel. The trial was at the March term, 1847. He was convicted of manslaughter. Both were intoxicated when the killing occurred.
Simon Burgin was tried at this term for peddling clocks without a license and fined $50, which was subsequently commuted to one day's im- prisonment on payment of costs. Several other cases of a minor nature were disposed of at this term and the record shows that Nathan Spencer and Cornelius Murphy were each fined $5.00 for contempt of court.
The grand jury at the September term, 1847, was made up of the following citizens: Charles L. Jennings, David Gaston, Andrew J. Smith, Thomas Tucker, Christopher Blessing, Robert Bullington, John Jones, Jonathan Booth, William W. Harper, James Ramey, Kader Madden, George Williams, William H. Bender, Thomas M. Geer, William Hunter and Ben- jamin Ashley.
There were quite a number of indictments at this term, among which
174
HISTORY OF HARRISON COUNTY
were the following: against Richard Wells, James Johnson, Travis John- son, William Johnson and Jeremiah Spurgeon, "for the disturbing the peace of a family in the night"; against Richard Wells for "felonious assault," and against William Cummins "for aiding the escape of a pris- oner," and against James Johnson and Travis Johnson for "an assault."
At the May term, 1848, the following grand jurors were impaneled: J. C. Brown, David Buck, Samuel Alley, William C. Allen, Aaron England, George W. Noah, Shepherd Hulse, L. W. H. Cox, Eli McDaniel, Matthew L. Franklin, William Mitchell, Thomas Brown, E. L. Ellis, James Mitchell and Samuel O. Jennings. Indictments were returned by them against Elijah Williams for trespassing on school land; Elisha Meeker for unlaw- fully taking up strays; Lewis Hunt, Armstead Pait, Francis Bunill and John W. Casebolt, each for betting.
The first suit for divorce was tried at the March term, 1850, at which time a divorce was granted to Benjamin Mitchell. The next divorce case was Joel H. Worthington against Sarah Worthington, tried at the March term, 1854, and at the same time there was another divorce case of Harper vs. Harper.
The first foreigner naturalized in Harrison County was William Hall, a native of England, who came to the United States in 1848 and to Missouri in 1851. He renounced his allegiance to his native country and became a citizen of the American Republic at the March term, 1853, of the Harrison Circuit Court.
Probate Court.
The Probate Court of Harrison County was established November 7, 1853. Honorable William G. Lewis was the judge. Prior to that time all probate business was disposed of in the County Court which by statute had that jurisdiction.
The first proceedings of the court after its organization were in the case of Anna Endsley vs. Gibson Endsley, administrator of estate of Samuel Endsley, deceased. These proceedings as shown by the record were as follows :
"Now at this day comes the parties by their attorneys and the said plaintiff amkes application to the court as the widow of Samuel Endlsey, deceased, for an order compelling said administrator to pay her as such widow, the money allowed by law in lieu of personal property allowed to her at the appraised value of $200.00. Whereupon the court after hearing
175
HISTORY OF HARRISON COUNTY
the allegations and proofs of the said parties, orders that Gibson Endsley, administrator of the estate of Samuel Endsley, deceased, pay to Anna Endsley, widow of said deceased, the sum of $89.95 when collected that being the amount of said sale of the personal property of deceased."
Following the above upon the record appears an application of Jacob Oxford, administrator of the estate of William Oxford, deceased, for per- mission to sell personal property, etc., at private sale "and the court being satisfied that such sale will not be prejudicial to persons interested in said estate orders the administrator to sell at private sale all property of said estate at such time as he may see fit and proper."
The next business was the allowing of a note of $45.21 against the estate of Aaron England in favor of Benjamin C. Powell and Jonathan Levy, together with all interest upon the same and costs of allowance.
William G. Lewis served as Probate Judge until 1857 at which time John H. Phillebaum was elected to the position. His successor was D. J. Heaston, whose term of service expired in 1862. The names of other judges will be found in another chapter of this volume in a complete list of county officers.
When Harrison County was organized and the courts instituted there were no resident lawyers here as was generally the case in pioneer com- munities. However, it was not long until members of the legal profession settled here and engaged in the practice of the law. It was the custom in the early days for lawyers to travel from county to county, or from one district to another to attend court to try cases and in this way leading lawyers of these pioneer times covered a large scope of territory in their professional capacity. These lawyers were sometimes known as "circuit riders." All of the prominent lawyers of the early days thus practiced in many counties of the state.
William G. Lewis, a pioneer lawyer of this county was the first resident lawyer of Bethany. He was a native of Greenbrier County, Vir- ginia, and came here in 1847. He practiced here until the time of his death in 1869.
The bar of Harrison County has always maintained a high standard and some of the ablest lawyers of the state are enrolled among its mem- bers. Little is known of some of the early attorneys. Among those of whom we have a record are: John R. Moreledge, H. P. Edminston, John H. Phillebaum, Orrin Lee Abbott, Thomas J. Brady, William F. Miller, John Wyatt, George W. Elwell, T. D. Neal, James McCollum, Andrew Fawcett,
176
HISTORY OF HARRISON COUNTY
J. Frank Ward, Oscar Butler, S. W. Leslie, G. W. Cooper, J. W. Vandivery, Samuel W. Vandevert, W. S. McCray, A. R Brown and J. W. Boyle. The members of the Harrison County bar since 1888 to the present time are: D. J. Heaston, D. S. Alvord, William C. Heaston, F. R. Ramer, Joseph F. Bryant, Sr., John M. Sallee, William H. Skinner, George W. Wanamaker, A. F. Woodruf, James C. Wilson, George W. Barlow, Ezra H. Frisby, Gen- eral B. M. Prentiss, J. R. Kirk, Gilbert Barlow, J. Q. Brown, J. F. Bryany, Jr., A. S. Cumming, S. P. Davisson, Frank M. Frisby, W. H. Leasenby, B. P. Sigler, Edgar Skinner, Garland Wilson, Dockery Wilson, Randall Wil- son, C. S. Winslow, Earle G. Spragg, Rufus Hopkins, A. L. Hughes, Oscar W. Curry, A. L. Clabaugh, Roscoe E. Kavanaugh, M. F. Oxford, Forest D. Lawhead, B. W. Hurst, W. E. Land, O. N. Gibson, W. C. Humphrey, L. R. Kautz, Charles A. Miller, George R. Miller, C. C. Ross, C. A. Stoner and E. S. Miner.
PUBLICSCHOOL
-
PUBLIC SCHOOL BUILDING, RIDGEWAY, MO.
CHAPTER XVII
RAILROADS.
FIRST IN THE UNITED STATES-RAILROAD BUILDING IN MISSOURI-A RAILROAD CONVENTION-THE RECOMMENDATION-CONGRESS PETITIONED-GOVERNOR BOGGS' MESSAGE-SPECULATION-LAND GRANTED BY CONGRESS-INTEREST IN 1850-ACTIVITY IN 1851-RAILROAD CONSTRUCTION AGITATED IN HAR- RISON COUNTY IN 1859-ROADS BUILT TWENTY YEARS LATER-INFLUENCE OF RAILROADS-THE BURLINGTON SYSTEM-MODERN TRANSPORTATION.
The first rail of the first railroad built in the United States was laid on July 4, 1828, by Charles Carroll, who was at the time the only surviv- ing singer of the Declaration of Independence.
For a year or two, cars and coaches were drawn by horses, but after that the locomotive engine was introduced. Fifteen miles of this road had been completed by 1830. Other railroads had been planned, and in a few years were under construction, so that by 1850, a little more than 9,000 miles of railroad had been built in the United States.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.