History of Harrison and Mercer Counties, Missouri : from the earliest times to the present : together with sundry personal, business, and professional sketches and family records : besides a condensed history of the State of Missouri, etc, Part 23

Author:
Publication date: 1888
Publisher: St. Louis : Goodspeed Pub. Co.
Number of Pages: 786


USA > Missouri > Mercer County > History of Harrison and Mercer Counties, Missouri : from the earliest times to the present : together with sundry personal, business, and professional sketches and family records : besides a condensed history of the State of Missouri, etc > Part 23
USA > Missouri > Harrison County > History of Harrison and Mercer Counties, Missouri : from the earliest times to the present : together with sundry personal, business, and professional sketches and family records : besides a condensed history of the State of Missouri, etc > Part 23


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 | Part 72 | Part 73 | Part 74 | Part 75


Grant is Congressional Township 64, Range 27.


Sherman Township embraces all of Congressional Township 63, Range 27.


Adams Township is Congressional Township 62, Range 27.


Cypress is Congressional Township 62, Range 28.


Bethany is Township 63, Range 28.


248


HISTORY OF HARRISON COUNTY.


Jefferson is Congressional Township 64, Range 28.


Union Township includes Congressional Township 65, Range 28.


Hamilton embraces all of Congressional Township 66, and part of 67, Range 28.


Lincoln includes all of Congressional Township 66, Range 29, and that part of 67, Range 29, lying in Harrison County.


Washington is Congressional Township 65, Range 29.


Dallas Township corresponds with Township 64, Range 29, of the Congressional survey.


White Oak is Congressional Township 63, Range 29.


Butler Township includes all of that part of Congressional Town- ship 62, Range 29, lying in Harrison County.


Trail Creek is Congressional Township 64, Range 26.


Paupers .- "The poor ye have with you always," said the Divine Master, and to care for them properly is a duty incumbent upon all civ- ilized communities. The early records of the Harrison County court con- tain the somewhat startling announcement that the paupers were let to the lowest bidder, a procedure which has since happily been abandoned by the purchase of a farm for the accommodation of this rather numer- ous class of unfortunates. The first allusion to the poor is found in the minutes of the June term, 1847, where appears the following brief but quaint record: "Henry Fuller, sheriff, lets John Richardson, a pauper, to the lowest bidder, and John Foster takes him at $38 for twelve months." A little later Sarah Cox was ordered "let to the lowest bidder," but from the records it does not appear that compe- tition in her case was very spirited.


At the December term, 1866, John W. Brown, who had been pre- viously appointed to purchase land for a poor farm, presented a deed for the following tract of land: The southwest quarter of Section 9, and the northwest and northeast quarters of Section 16, Township 64, Range 27, containing in all 280 acres. Two years later the necessary buildings were erected, since which time the farm has afforded a comfortable home for the poor and indigent classes of the county.


Early Records. - The early records of Harrison County were writ- ten by plain business men, and, while lacking in literary finish, are in the main legible and well prepared. The records of the proceed- ings of the circuit court for ten years are written in a small leather- bound book of 408 pages, the size of common foolscap paper, while the first deed record is a book of similar size, containing 414 pages. The county court records were prepared with considerable care, and show the first clerk to have been a man of fair clerical ability.


B. In. Prentiss


HARRISON COUNTY


249


STATE OF MISSOURI.


The first instrument on record in the circuit clerk's office is a letter of attorney by Prudence Fox, of Whitley County, Ky., appointing "her friend James Faulkner, of Livingston County, Mo., 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 of November, 1845.


Following the above appears a warranty deed "for a certain tract, 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, contain- ing forty acres more or less," sold by Benjamin Taylor to William Cummings for $200, and acknowledged on the 26th of February, 1846, before Elkannah 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 7, Township 62, Range 28, in the district of lands sold at Plattsburg, Mo.," conveyed by John G. Musick and his wife, Mary Musick, to J. D. Hardin, for a consideration of $40. The third conveyance of real estate was made by Reuben and Sarah Tilley, who for a consideration of $1,000 sold to Michael Fleener a tract of land containing 463 acres more or less, situated in the southern part of the county. Michael Fleener then deeds an equal number of acres in the same part of the county to Reuben Tilley for $1,500, the last instrument bearing date of February 23, 1846. The first mortgage upon record in the county was given by Jeremiah Young to Reuben Tilley for $100 on the west half of the northeast quarter of Section 31, Township 63, Range 29, dated November of the above year.


Among the earliest instruments of record was the bond of Henry Fuller as collector of Harrison County, made on the 10th of August, 1846, and recorded during the ensuing month. The mater- ial 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, to the payment of which we bind ourselves, our heirs, executors, etc. ; " the conditions 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 duties of the office of collector according to law, then this obligation to be void, otherwise to remain in full force and effect."


16


250


HISTORY OF HARRISON COUNTY.


Early Marriages .- The following is a list of the earliest marriages solemnized in Harrison during the first two years of its history: David C. Bryant and Permelia Edmiston, married November 6, 1845, by Rev. L. Morgan. Benjamin Casner and Nancy Miller were united in the holy bonds of wedlock on the 26th day of December, 1845, by Ivan Lane, justice of the peace. November 11, 1845, Willis Harper and Eleanor Williams were made man and wife, Charles L. Jennings, a justice of the peace officiating. Thomas H. Poynter and Susan A. 'Jenks were married by C. L. Jennings on the 24th day of December, 1845. Other early marriages were Elkannah 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 Vanderpool, William Allcock and Rebecca Allen, Josiah J. Allen to Mary Hogan, David Blaketer and Harriet Lawson, Core Houk and Malinda Dolson, Levi Hunt and Caroline Cummins, George W. Hanners and Elizabeth Bullington, Jesse Haunn and Saulda Booth, Archibald M. McDaniel and Jane Daniels, Harden Carmen and Elizabeth Hultz, Frank M. Brown and Saulda Poynter, John W. Brown and Irene Higgins, Samuel Corister and Nancy Miller, William Carver and Tamer Condry, Tobias Deboice and Mary Garner, Peter C. Dowell and Hester W. Brown.


Census and Statistics .- The population of Harrison County in 1850 was 2,447; In 1860, 10,626; in 1870, 14,635.


The following is the census of 1880 by townships:


Adams.


675


Bethany 1,124


Butler


1,045


Bethany City.


994


Clay.


1,074


Colfax 1,198


Cypress.


797


Dallas. 1,011


Fox Creek. 990


Grant.


808


Jefferson.


1,120


Lincoln. 795


Madison


891


Marion 1,032


Cainesville Village.


198


Sherman.


806


Sugar Creek.


676


Trail Creek


922


Union


1,011


Washington.


776


White Oak


1,105


Total .20,304


Statistics of 1880 .- Horses, 11,091; mules, 1,107; cows, 11,981; other cattle, 25,229; sheep, 27,726; swine, 72,379; pounds of wool, 154,319; pounds of butter, 564,398; pounds of cheese, 3,089; Indian corn, 3,513,186 bushels; oats, 506,126; rye, 39,164; wheat, 147,273; hay, 41,254 tons; potatoes, 68,570 bushels; sweet potatoes, 1,856 bushels; tobacco, 42,952 pounds. Value of orchard products, $38,594.


251


STATE OF MISSOURI.


Assessed value of real estate.


$2,419,229


Assessed value of personal property. 1,613,629


Total $4,032,921


State tax.


$16,131


County tax. 20,165


City, town and school.


11,900


Total tax


$48,196


Manufactories .- Number of establishments, 51; capital invested, $90,365; number of hands employed, 104; amount of wages per year, $24,492; value of materials used, $112,157; value of products, $182,233.


Indebtedness .- Bonded debt, $1,000; floating debt, $3,800; gross debt, $4,800.


Abstract of Taxable Property for the Year 1887 .- Number of acres of land, 458,858.63 ; valuation, $2,640,287; number of town lots, 2,627; valuation, $350, 700; moneys, bonds and notes, 675,480; insur- ance companies, $4,727; all other property, $1,563,742; total, $5,234,742.


Taxes .- State revenue tax at 1.5 per cent, $10,471.04; State in- terest tax at 1.5 per cent, $10,471.05; county tax, for all purposes, $5,482.37.


Other Statistics .- Number of horses, 12,283; value $435,648; m ules, 1,331; value, $49,393; asses and jennets, 51; value, $3,085; neat cattle, 39,158; value, $515,221; hogs, 41,369; value, $75,074; sheep, 25,862; value, $21,494; all other personal property, $986,067; total personal property, $20,859.82.


Statement of receipts and expenditures of the county from May, 1886 till May, 1887:


EXPENDITURE FUND.


Total receipts.


.$4,378 18


Total expenditures 3,959 01


BRIDGE FUND.


Receipts.


$3,058 32


Expenditures.


602 31


POOR FUND.


Receipts


$2,995 37


Expenditures 4,009 31


SALARY FUND.


Receipts. $4,778 34


Expenditures 4,628 02


JURY AND WITNESS FUND.


Receipts.


$2,148 09


Expenditures


1,493 42


252


HISTORY OF HARRISON COUNTY.


County Officers-Circuit Judges. - Austin A. King, 1846-48; George W. Dunn, 1859-62; James McFerran, 1862-72; Jonas J. Clark, 1872-78; John C. Howell, 1878; Charles H. Goodman.


Representatives .- L. D. Thompson, 1846-50; Stephen C. Allen, 1850-52; Elijah Hubbard, 1852-54; Henry O. Nevill, 1854-56; Ste- phen C. Allen, 1856-58; James M. Nevill, 1858-60; S. C. Allen, 1860-62; Samuel Downey, 1862-68; Thomas D. Neal, 1868-72; William H. Hillman, 1872-74; James B. Brower, 1874-78; Charles D. Knight, 1878-80; James M. Nevill, 1880-82; George Burris, 1882-84; A. W. Allen, 1884-86; Nelson Church, 1886, present incum- bent.


Probate Judges. - William G. Lewis, 1853-57; J. H. Phillebaum, 1857-61; D. J. Heaston, 1861-62; Thornton H. Templeman, 1862- 66; Thomas D. Neal, 1866-68; John Wion, 1868-72; William P. Robinson, 1872-78; John T. Hendren, for a few months; Joseph F. Bryant, 1878-80; James R. Cunningham, 1880 to the present time.


Circuit and County Clerks .- Thomas Flint, 1845-1846 (died in office); J. S. Allen, appointed to fill the vacancy (served about six months); John W. Brown, 1846-64. In the latter year the offices of county and circuit court were separated.


Circuit Clerks since' 1864 .- John W. Brown, 1864-66; George W. Bradshaw, 1866-69 (died before the expiration of his term); James C. Baker (by appointment), 1869-70; H. J. Skinner, 1870-82; A. D. Shipley, 1882 to the present time.


County Clerks since 1864 .- Henry O. Bryant, 1864-66; John Slinger, 1866-72, died in office, and succeeded by William C. Heas- ton, who served by appointment from 1872 to 1874; John W. Ken- yon, 1874-77; W. C. Heaston, 1877-79; W. P. Robinson, 1879, pres- ent incumbent.


Treasurers .- Henry Fuller, 1845 (served about one month); David Buck, 1845-48; John S. Allen, 1848 --; C. M. Scott, -- 1856; M. P. Wills, 1856-60; B. T. Whedbee, 1860-62; James Price, 1862- 66; Veazy Price, 1866-68; George W. Myers, 1868-72; Alfred N. Cave, 1872-74; Simon P. King, 1874-84; Oliver C. Macey, 1884 to the present.


Sheriffs .- John W. Brown, 1845-46; Henry . Fuller, 1846-48; William R. Allen, 1848-52; M. K. Howell, 1852-56; John P. Devers, 1856-60; Thomas Monson, 1860-62; William H. Hillman, 1862-66; William R. Simms, 1866-70; James C. Baker, 1870-72; George S. Graham, 1872-76; T. J. Garrison, 1876-78; T. J. Barker, 1878-82; M. S. Gillidett, 1882-86; W. H. H. Gillespie, present incumbent, elected in 1886.


253


STATE OF MISSOURI.


Justices of the County Court .- Samuel Edmiston, Asaph M. But- ler and Lewis Charlton elected at organization of the county, and served until November, 1846. The second board was composed of Thomas Dunkerson, Stephen C. Allen and Elkannah Glover, elected in 1846; John W. Casebolt, Thomas M. Geer and Edmund L. Ellis were elected in November, 1850. In 1854 the following gentleman composed the court: Thomas M. Geer, James M. Edmiston and James H. Piburn. 1856-J. M. Edmiston, J. M. Nevill and E. L. Ellis. 1858-John E. Roberts, A. W. Allen and E. L. Ellis. 1860-J. Wes- ley Brown, A. W. Allen and E. L. Ellis. 1862-E. L. Ellis, A. W. Allen and John A. Brown. 1863-E. L. Ellis, William R. Allen, William Canady and John W. Casebolt. 1865-S. S. Vandevort, Alfred Carpenter and William Canady. 1866-Alfred Carpenter, W. C. Chapman, J. C. Frisby and William Officer. 1869-A. Carpenter, J. C. Frisby and W. C. Chapman. Since 1869 various changes have taken place in the county court, and it will be almost impossible to name the officers in the order of their succession. The following is a list as nearly as the names could be learned: Alfred Carpenter, W. C. Chapman, D. D. Bayes, William Chandler, Joseph F. Bryant, Milton Burris, Franklin R. Quigley, James B. Brower, J. R. Bailey, Will- iam L. Magee, George Burris, G. W. Young, Jasper A. Gutridge, Green Jeffries, John W. Moore, George Reed, Arthur Graham, Joseph H. Baker, Albert Reeves, Jury Heffner, Benjamin H. Parnell. The court at this time is composed of Albert H. Reeves, presiding judge, John A. DeLong and John F. Selby.


Votes upon Re-location of the County Seat .- As already stated the early settlements of Harrison were made with reference to timber and water, in consequence of which the southern and central parts were first sought by the pioneers. This, and the fact of the Missouri and Iowa boundary line being a matter of dispute between the States in 1845, induced the commissioners to locate the seat of justice several miles south of the central part of the county.


As the population of the northern part of the county increased, the location of the seat of justice at Bethany did not meet general approval, and as early as 1860 the question of removal of the same to a point nearer the geographical center began to be discussed. No definite action was taken in regard to the matter, however, until the year 1870, at which time a petition signed by a large number of citi- zens in the central and northern parts of the county was presented to the county court, praying that the proposition for removal be submit- ted to a direct vote of the people. In accordance with the law relat-


254


HISTORY OF HARRISON COUNTY.


ing to such petitions the court at the October term, 1870, entered the following order:


WHEREAS, It appearing to the county court within and for Harrison County in the State of Missouri that at least one-fourth of the legal voters of said county have this day submitted a petition to the county court of said county in words and figures following, to wit:


To the Honorable County Court for Harrison County, State of Missouri:


We, the undersigned, legal voters of Harrison County, State of Missouri, respectfully petition your honorable body for a removal of the seat of justice of said county from Bethany, in said county, to the geographical center of said county, and for an order submitting a proposition for such removal to be voted upon by the voters of said county at the next general election, to be held the 8th day of November, 1870, and for such other orders and proceedings in such case as the law directs.


It is therefore ordered by the county court of said county of Harrison, in the State of Missouri, that at the next general election in said county, to be held on Tuesday, the 8th day of November, 1870, at the usual places of voting in said county, the proposition to remove the seat of justice of said county of Har- rison, from the city of Bethany, in said county, to the geographical center of said county, the place named in the petition, be submitted to the qualified voters of said county.


Pending the election the friends of removal put forth all their efforts in behalf of the measure, while those opposed made a deter- mined fight to keep the county seat at the original location. The election was held in November, 1870, with the following result by townships:


For removal. Against removal.


Union Township


181


1


Bethany Township.


39


346


Cypress Township


4


162


Sugar Creek Township.


0


160


Trail Creek Township


93


56


Madison Township.


125


12


Clay Township.


116


2


Marion Township.


168


130


Lincoln Township.


54


5


Washington Township.


43


3


Dallas Township.


32


33


White Oak Township


2


89


Butler Township.


0


98


Failing to obtain the necessary two-thirds majority the friends of removal were reluctantly compelled to acknowledge their defeat.


The destruction of the courthouse in 1873 served to revive the controversy, and in January, 1874, a large meeting was held at Eagle- ville to take measures against the building of a new house and decide upon a location for a new county seat. A committee was appointed to circulate petitions asking the court to grant another vote upon the proposition, and in the meantime subscriptions to the amount of $3,000


255


STATE OF MISSOURI.


were raised to help defray the expense of erecting the necessary pub- lic building, provided the removal was effected. A site for a county seat was decided upon-the town of Lorraine, which was sur- veyed into lots, and the same offered gratuitously to any persons who would erect thereon buildings to cost at least $250. To counteract these movements the citizens of Bethany raised by subscription the sum of about $10,000 and redoubled their diligence to secure the rebuilding of the courthouse.


The petition asking that the proposition be submitted to the people of the county was signed by 1,850 voters. Accordingly the court ordered an election to be held on Tuesday, November 3, 1870. The election was held accordingly, with a majority in favor of removal, but not the requisite two-thirds. The vote was as follows: For removal, 1,508; against removal, 1,159.


Thus the matter of changing the seat of justice was effectually settled, although a third attempt was made at the general election of 1880, at which time Lorraine was again a competitor. The vote that year stood as follows: For removal 1,310; against removal, 2,347.


COURTS AND BENCH AND BAR.


Circuit Court .- Hon. Austin A. King, judge of the fifth judicial circuit of Missouri, on the 23d of April, 1846, at the town of Bethany, organized and held the first circuit court in Harrison County. There were present upon the occasion besides his Honor, the Judge, the following officials: George W. Dunn, circuit attorney; John W. Brown, sheriff, and John S. Allen, deputy 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, Thomas Dunkerson, David Harris, Thomas 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 Harrison 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 Lauder-


256


HISTORY OF HARRISON COUNTY.


back vs. George Williams. Briefly stated, the history of this case as tried before Henry Fuller, justice of the peace, is as follows: It appears that the said George Williams, for 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 complaint:


George Williams to William Lauderback, debt and damage $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 one other dog and for tres- passing 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 com- posed of the following yeomen, to wit: Abraham Ensley, Elkanah Glover, Allen Hubbard, James Ramey and Shepherd 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 without just cause or provocation." The jury, after carefully weighing all the evidence of the case, agreed upon the following decision:


We as jurors dew fine virdick in favor of the plantif five dollers dam- age and costs.


A. B. ENSLEY, Foreman.


The plaintiff, feeling aggrieved by this verdict, and thinking justice had not been accorded 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 23d 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 plaintiff's suit, which motion being heard by the court is sustained." "It is therefore ordered that the suit be dismissed, and that the said defendant recover of the said plaintiff his cost, as


257


STATE OF MISSOURI.


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 docket were Ansel Terry vs. Samson Alley, in " assumsit," and James R. Timmons and John D. Timmons vs. Na- than Spencer, ejectment, the former continued, and the latter dis- missed at cost of plaintiff. The grand jury returned into court the following indictments, "endorsed true bills and signed by the fore- man, to wit: The State of Missouri against John Murphey, Jonas Cas- ner, Benjamin Casner, Charles Hauk, John Taylor and Harvey Taylor for a rout;" also the State against Francis Burrill 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 empaneling of the grand jury, occupies 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, foreman.


The first trial by jury at this term was the State of Missouri against Charles Hauk, indicted at the previous term for instigating and partic- ipating 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, who through their foreman, S. C. Allen, reported the following verdict: "We, the jury, find the defendant guilty as charged, and assess his fine to $5." "It is therefore ordered that the plaintiff recover the fine of $5 aforesaid, as also costs in this behalf expended, and that she have execution therefor, and also that said defendant stand committed until fine and costs are paid; being in court he is put in the custody of the sheriff."


The second jury trial was the State against Francis Burrill, in- dicted for larceny at the previous term of court. The following gen- tlemen composed this jury: Stephen C. Allen, James Fuller, A. Thompson, Samson Alley, Michael Fleener, Thomas Tucker, William N. Ford, Joseph Young, Richard Young and Jesse Vail. The ver- dict was "We, the jury, find in Faviour of the defendant."


The grand jury at this term returned indictments against the fol-


258


HISTORY OF HARRISON COUNTY.


lowing persons: Simon Burgin, for peddling clocks without license; John Hall, for assault with intent to commit manslaughter; John Vail, selling liquor without license; Francis B. Miller, John A. Scott and Allen Scott, for trading with the Indians.




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