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 39
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 39
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The line as subsequently run by commissioners on behalf of Iowa was made to correspond with the Indian boundary line. The territory in dispute was a little over eight miles in width at the east end and eleven miles in width at the west end. Over this territory both States claimed jurisdiction, and in some of the eastern border counties the conflict of authority produced open war. The territory north of Mer- cer County was very sparsely settled prior to the final location of the line, and nothing of a serious nature resulted. The people in the dis- puted territory participated in the elections in Mercer County, but no taxes were collected there. Lists of the taxable property and the amount of the taxes were made out and filed away each year, so that had the territory been finally decreed to belong to Missouri, the delin- quent taxes could have been collected. H. B. Duncan, who lived on the debatable land, in 1848-50 represented Mercer County in the Legislature of Missouri, and a few years later, without changing loca- tion, was elected a member of the Iowa Legislature. The question in dispute at last went to the United States Supreme Court, where it was definitely settled, and in 1851 the line was surveyed and the boundary marked by iron posts set ten miles apart.
Elections .- Since its organization Mercer County, politically, has been evenly balanced between the two leading parties. The first reg- ular political campaign of the county was made in 1844, when Dr. Livingston " stumped " the county for the Whigs and John C. Griffin for the Democrats. The result of that election could not be ascer- tained. In 1848, at the first presidential election after the organiza-
406
HISTORY OF MERCER COUNTY.
tion of the county, the following judges of election were appointed: For Marion Township-D. W. Baker, S. Litton and William Alley; for Morgan Township-Isaac J. Cast, David Colyer and William N. Lindsey; for Washington Township-Thomas Everett, William Thomas and Harvey Belcher; for Harrison Township-J. M. Nichols, William Chambers and Reese Shannon; for Scott Township-Reuben Hatfield, Daniel Moore and William Hamilton; for Madison Town- ship-Thomas Ballew, Samuel Chestnut and Henry M'- --; for Medicine Township-John Barnes, Willoughby Keith and Levi Holt. The voting places were as follows: In Marion Township, at the house of A. M. Clements; in Morgan Township, at the court- house in Princeton; in Washington Township, at the house of Thomas Everett; in Harrison Township at the house of John Hart; in Scott Township, at the house of Reuben Hatfield; in Madison Township, at the house of Joseph Hatfield; in Medicine Township, at the house of John Barnes. This election resulted in a tie between the Whig and Democratic electors, each receiving 187 votes. The best knowledge now attainable of the political changes of the county can be obtained by noting the party affiliations of the representatives to the Legisla- ture from Mercer County as given elsewhere. The campaign of 1860 was an exciting one. At the election Douglas carried the county by a plurality, but Bell and Everett received a fair vote. Only seven- teen votes were cast for Lincoln. Four years later he received the almost unanimous vote of the county, only two votes being cast against him.
Beginning with 1874, the vote by townships has since been as fol- lows:
1874.
Republican.
Democratic.
Medicine
60
28
Ravanna.
126
55
Somerset
70
51
Marion
36
56
Morgan
141
119
Washington.
137
35
Madison
108
16
Harrison
98
40
Lindley .
118
17
Total
894
417
1876.
Republican.
Democratic.
Medicine
112
95
Ravanna.
187
109
Somerset
115
81
407
STATE OF MISSOURI.
1876.
Republican. Democrat.
Marion.
109
113
Morgan.
279
207
Washington
272
67
Madison
171
Harrison.
100
95
Lindley
156
115
Total
1,501
959
1878.
Republican.
Democratic.
Medicine.
101
75
Ravanna.
120
83
Somerset
75
53
Marion
85
37
Morgan.
269
177
Washington
204
49
Madison
119
37
Harrison.
72
61
Lindley
55
49
Total.
1,100
621
1880.
Republican.
Democratic.
Medicine.
121
82
Ravanna.
178
117
Somerset.
110
85
Marion
151
122
Morgan
324
234
Washington
267
86
Madison
139
65
Harrison.
118
95
Lindley.
155
112
Total
1,563
998
1882.
Republican. Democratic.
Medicine
133
84
Ravanna
214
76
Somerset
117
72
Marion
161
92
Morgan
338
248
Washington.
219
64
Madison
151
70
Harrison
95
89
Lindley.
117
105
Total.
1,545
900
408
HISTORY OF MERCER COUNTY.
1884.
Republican. Democratic.
Medicine
158
92
Ravanna.
213
94
Somerset
129
74
Marion
183
104
Morgan
381
207
Washington
281
73
Madison
175
74
Harrison
134
109
Lindley.
159
138
Total
1,813
965
1886.
Republican.
Democratic.
Medicine.
142
74
Ravanna.
191
113
Somerset
110
74
Marion
172
95
Morgan.
354
207
Washington
227
54
Madison
164
78
Harrison.
132
94
Lindley
132
131
Total
1,624
920
Finances .- The financial affairs of Mercer County have, as a rule, been wisely and economically administered. While in the first years the revenues were very meager the expenditures were correspondingly small. In 1846 the tax collected amounted to $414.30. In 1860 the collections from all sources amounted to $7,155.97, of which $5,677.37 came from the tax upon property. The expenditures for the same year amounted to $7,792.38. In 1865 the receipts were $8,108.31, and the expenditures $5,783.50. Up to this time the county had incurred no bonded indebtedness, and had but a small amount of outstanding warrants.
Railroad Bonds and Stock .- In 1866 the county court decided to submit to the qualified voters of the county the proposition to subscribe $200,000 stock in the Chillicothe & Des Moines City Railroad. This election was held on the 6th of November, with the following result:
Yes.
No. Scratched Votes.
Somerset
7
64
12
Ravanna
107
3
23
Medicine
38
51
12
Washington
73
2
4
Morgan.
235
5
15
Marion
29
38
17
.
409
STATE OF MISSOURI.
Yes.
No.
Scratched Votes.
Lindley.
108
17
7
Harrison.
75
7
6
Madison
165
6
13
Total
837
193
109
As soon as the result of this election was known, the county court prepared for issue to the company $200,000 in county bonds bearing 7 per cent interest. It was found, however, that 7 per cent bonds could not be negotiated, and bonds bearing 8 per cent interest were substituted. For these bonds the county received a certificate of an equal amount of stock in the railroad. The road in which this stock was taken was chartered by an act of the Legislature of Missouri on the 20th of February, 1865. The board of directors named in the act was composed of the following men: James B. Bell, Jonas J. Clark, J. W. McMillin, John H. Ellis, John A. Lowe and Robert S. Moore, of Livingston County; Daniel Berry, George W. Moberly, Andrew Y. Shanklin, Cyrus Ramage, E. L. Winters, Samuel Wilson, William Metcalf and William Wyatt, of Grundy County; and Joseph A. Ken- nedy, John Brown, Thomas J. Wyatt, Andrew Lowry, James Brad- ley, John Snyder, John F. Stevens, Israel Patton and F. M. Evans, of Mercer County. The authorized capital stock was fixed at $3,000,000, divided into shares of $40 each. In addition to the sum voted by Mercer County, Grundy County subscribed $200,000 stock, and the city of Chillicothe $40,000. In accordance with a provision of the act incorporating the company, a meeting of the directors was held at Chillicothe on February 19, 1868, and an organization was effected by electing George W. Moberly, president; Robert S. Moore, secretary, and William Wyatt, treasurer. The first regular annual meeting was held at Trenton on the 22d of April following, at which time new officers were elected as follows: Col. John H. Shanklin, president; S. H. Perryman, secretary; R. B. Ballew, treasurer. Stock books were then opened, and during the year $451,500 of the capital stock was subscribed. . With this amount assured the survey and loca- tion of the road was begun, and by February 10, 1869, it was ready to be let to contractors. During the remainder of the year the work was pushed forward rapidly, and by January 1, 1870, the grading between Princeton and Chillicothe was completed. At this point, however, the funds became exhausted, and work was brought to a standstill, but on the 20th of April, 1870, the newly constructed road- bed, together with the right of way from Princeton to Trenton, was transferred by lease to the Chicago & Southwestern Railway Company, now a part of the Chicago, Rock Island & Pacific. Work was at once
26
410
HISTORY OF MERCER COUNTY.
resumed, and so rapidly was it carried forward that in September, 1871, trains were running into Leavenworth, Kas.
The lease mentioned above did not include that portion of the roadbed between Trenton and Chillicothe, and it remained unfinished. At the May term, 1877, the county court made an order transferring the stock of the county in the Chillicothe & Des Moines City Railroad to Henry Hatch, George Van Avery, H. M. Pollard and Marcus A. Low, on condition that they pay all debts owed by the Chillicothe & Des Moines City Railroad to citizens of Mercer County, and that they complete the road by January 1, 1879. As these terms were not com- plied with, the certificate was returned to the county. Its value of course is now inconsiderable.
At the time the bonds of the county were issued to the railroad company, the ability to pay the interest and principal was not doubted, but the great shrinkage in the value of all property, which resulted from the financial panic of 1873, made it impossible to pay the high rate of interest and provide for the redemption of the bonds them- selves without serious embarrassment to all the interests of the county. A proposition was therefore made to the county court in 1879 to redeem the outstanding bonds, together with accrued interest, at the rate of 50 cents on the dollar, and the county clerk was authorized to issue 6 per cent bonds in exchange for the old ones. A small part of the debt was funded at that rate, but the most of the bondholders refused the terms. The county clerk was then given permission to negotiate for the redemption of the old bonds at the best rates obtain- able, and since that time nearly all the debt has been funded at rates varying from 60 to 100 cents on the dollar.
In 1882 a levy of 50 cents on $100 worth of taxable property was made for the purpose of creating a fund for the settlement and payment of the railroad bonds. This levy the next year was increased to 75 cents on $100, and has since remained at that rate.
The Debt .- The following statement of the debt was made by the clerk of the county court for January 1, 1885:
Face of 8 per cent 5-20 county railroad bonds .. .. $76,700 00
ยท Face of 6 per cent 5-20 county railroad bonds issued from August 1, 1879, to January 1, 1883. . 37,500 00
Face of new 6 per cent 5-20 county railroad bonds issued September 1, 1884, in payment of old bonds and interest .. 11,100 00
Past due coupons.
23,378 00
Interest due ou past due coupons. 3,371 04
Interest on $48,600 6 per cent bonds from September 1, 1884, to January 1, 1885. 972 00
Total compromise tax for 1884 $153,021 04
411
STATE OF MISSOURI.
Compromise Tax for 1884. - The compromise tax for 1884 was as follows:
Railroad. $1,920 97
Telegraph.
20 96
Land.
11,322 31
Town lots ..
1,196 29
Merchants
792 09
Personal property.
9,404 91
Total
$24,657 53
Balance of the bonded debt after deducting the compromise tax of 1884. $128,363 51
Since this report was made the debt has been reduced at the rate of about $25,000 per year. Only $5,600 of the 8 per cent bonds remain to be redeemed, while of the bonds bearing date August 1, 1879, there remain $24,000, and of those issued September 1, 1884, there are outstanding $70,000, making the aggregate bonded indebt- edness about $100,000.
Courthouse, Jail and Poorhouse .- In addition to the expense in the settlement of the railroad debt, considerable has been expended for public improvements. In 1859 the old log courthouse was replaced by the present brick structure, which stands in the center of the public square. It was built by H. B. Nesbitt, under the supervision of John C. McClelland, and cost $8,000. In 1874 the old jail lot was sold to J. C. W. Lindsey, and a new lot was purchased from Israel Patton, upon which, during the same year, the present brick jail was erected. It was built by Jacob Houk for $4,683. In December, 1869, a farm of 319 acres was purchased from Capt. H. J. Alley for $3,000, and converted into a poorfarm. It is situated on Sections 20 and 29, Township 66, Range 24. David Warden was the first superintendent.
County Officers .- The following is a list of the representatives from Mercer County since its organization: W. N. McAfee, Democrat, 1846-48; H. B. Duncan, Whig, 1848-50; John M. Nichols, Democrat, 1850-52; George T. Prichard, Whig, 1852-54; O. C. Roberts, Whig, 1854-56; John C. Clark, Democrat, 1856-58; Andrew Woolsey, Know-nothing, 1858-60; Asa Campbell, Democrat, 1860-62; J. A. Kennedy, Republican, 1862-64; Daniel M. King, Republican, 1864- 66; W. L. Jerome, Republican, 1866-68; R. D. Keeney, Republican, 1868-70; Joseph H. Burrows, Republican, 1870-74; C. H. Stewart, Republican, 1874-76; T. E. Evans, Republican, 1876-78; Joseph H. Burrows, Greenbacker, 1878-80; W. A. Loe, Republican, 1880-82; J. P. Bailey, Democrat, 1882-84; M. E. Swift, Republican, 1884 (present incumbent).
412
HISTORY OF MERCER COUNTY.
The sheriffs of the county have been as follows: William J. Gird- ner, 1845-48; Peter Cain, 1848-52; John R. Clark, 1852-56; S. E. Mickey, 1856-60; F. M. Clark, 1860-62; Joseph Moss, 1862; Will- iam B. Rogers, 1862-64; H. J. Alley, 1864-68; William Speer, 1868-72; James D. Dykes, 1872-76; Charles E. Minter, 1876-78; J. M. Alley, 1878-82; Hawley Heriford, 1882-86; J. J. Stanley, 1886.
The clerks of the circuit courts have been: Green W. Laughlin, appointed in 1845, and died in office in December, 1847; Richard B. Ballew, elected at a special election on January 5, 1848, and con- tinued in the office until 1864; W. L. Jerome, 1864-66; D. W. King, 1866-74; William M. Casteel, 1874-78; J. A. Thompson, 1878-86; Henry C. Miller, 1886. The office of clerk of the county court was combined with that of the circuit court and recorder until 1864. Since that time the clerks have been as follows: Benjamin F. Corn- well, 1864-65; John W. Crawford, 1865-66; Charles H. Stewart, 1866-74; D. M. King, 1874-78; James Burrows, 1878-82; James M. Alley, 1882.
The probate judges have been: Richard B. Ballew, 1849-57; George W. Taylor, 1857-59; John T. Meyers, who filled the office for three months; John G. Ellis, for two months, and Calvin Butler, for eleven months; C. M. Wright, 1862-65; S. H. Perryman, 1865- 68; H. G. Orton, 1868-75; P. Stacey, 1875-79; R. W. Steckman, 1879-87; James R. Brown, 1887.
The office of county treasurer has been filled by the following men: Floyd Shannon, 1846-50; John R. Davis, 1850-52; William J. Gird- ner, 1852-54; Elihu Cleveland, 1854-56; William J. Girdner, 1856-60; J. C. Coon, 1860-62; Israel Patton, 1862-67; A. R. Patton, 1867-68; J. N. Truax, 1868-72; J. H. Shelley, 1872-76; John D. Dykes, 1876-80; George W. Wilcox, 1880-84; John Brantley, 1884.
The assessor of the county from 1845 to 1858 was Samuel Moore. In January, 1858, the county court divided the county into six assessors districts, and appointed an assessor for each. They were John Rockhold, District No. 1; Samuel Moore, District No. 2; John S. Dunkerson, District No. 3; Jeptha Woods, District No. 4; J. C. Coon, District No. 5, and J. A. C. Thompson, District No. 6. The next year the number of districts was reduced to four, and J. R. Clark, J. M. Sallee, Henry Neil and J. M. Stewart were appointed assessors. From that time until the adoption of the township organization the county assessors were as follows: J. S. Dunkerson, 1860-61; John R. Davis, 1862; John Goodrich, 1863-65; John Thogmartin, 1866-69; L. N. Constable, 1870-72. Since the abolition of the township
413
STATE OF MISSOURI.
system the assessors have been Thomas Sallee, 1877-80; Hawley Heriford, 1880-82; J. C. Coon, 1882-86; G. H. Combs, 1886. Prior to 1872 the taxes were collected by the sheriff; at that time J. M. Truax was appointed collector, but the adoption of township organ- ization soon after rendered that officer unnecessary. Since 1887 the county collectors have been as follows: J. H. Shelley, 1877-79; A. R. Patton, 1879-83; James D. Dykes, 1883-87, and J. A. Thompson, 1887.
The County Court. - The county court was at first composed of three justices elected for four years, and it so continued until 1849. By an act approved on March 8, 1849, the county court of Mercer County was made to consist of the justices of the peace in the county or any three of them, and it was provided that the justices should be so allotted for attendance that each one should attend at least one court each year. The part of the above act referring to the county court was submitted to the people for ratification or rejection at the first election for probate judge. The justices of the county court from 1846 to 1849 were Robert Magruder, John Rockhold, Asa Campbell and William P. Fitzpatrick, elected in 1848, vice Campbell. The first county court established under the new law met on November 5, 1849, and was composed of the following magistrates: H. B. Gale, president; Joseph Moss, John Logan, Joshua Bowers, William Alley, D. W. Baker and Willis Burris. The other magistrates who occupied a seat in the county court at one or more terms during the continuance of this system were John Campbell, William Carter, Anderson Thomas, William P. Fitzpatrick, Thomas Booth, S. H. Porter, W. N. Lindsey, George Moore, R. M. Tatman, Zachariah Petree, G. W. Clinkinbeard, John Rogers and Benjamin Cornwell.
In November, 1853, the old system was restored. The justices comprising the court were Allen S. Bryan, president; William Alley and David Butcher, who continued in office for one year. The jus- tices from that time until 1873 were as follows: Joseph Moss, 1854- 58; Garrett Gibson, 1854-58; R. M. Tatman, 1854-56; John M. Smith, 1856-58; David Butcher, 1858-62; Hardin Erwin, 1858-60; John Dunkerson, 1858-65; Thomas T. Lewallen, 1860-62; J. G. Ellis, 1862-63; A. O. Nigh, 1863-66; W. H. Herriman, 1863-66; John Snyder, 1865-72; Preston Underwood, 1866-72; Samuel Cooper, 1866-70; C. D. Weddle, 1870-72. In 1873 the number of justices was increased to five, and so continued until 1877. The first court under the law of 1873 convened in June of that year, and was composed of the following men: Samuel S. Lowry, president; A. E.
414
HISTORY OF MERCER COUNTY.
Keith, Joseph Moss, Peter Cain and J. H. Thogmartin. Under this system one justice retired each year. In 1874 Jackson Prichard was elected vice Peter Cain; in 1875, J. P. Drake vice A. E. Keith; in 1876, John Snyder vice Joseph Moss; in 1877, Allen Sallee vice Jackson Prichard. In 1877 the court composed of three justices was again restored. The members were J. C. W. Lindsey, A. M. Sallee and John Snyder. In 1878 the justices elected were Morris Perry, A. J. Selsor and Allen M. Sallee; in 1880, Morris Perry, Richard Brantley and John Thogmartin; in 1882, S. S. Lowry, Allen M. Sallee and G. M. Stewart; in 1884, S. S. Lowry, David Speer and John C. Reid; in 1886, S. S. Lowry, John C. Reid and Clark Deshler.
COURT PROCEEDINGS AND BENCH AND BAR.
First Session of the Circuit Court .- The first circuit court for Mercer County was begun and held at the dwelling house of Joseph Girdner, about three miles north of Princeton, September 15, 1845, by Judge James A. Clark. Green Laughlin was the clerk, and William J. Girdner, sheriff. The entire docket con- sisted of seven cases, and the term lasted two days. Four cases were in the civil docket. They were Robert Gardner against E. Sisson & Co., James S. Lomax against William Hart and William Thrailkill, W. H. & J. D. Hay against Archibald Smith, and A. D. Thorne against Thomas Auberry, all of which were appealed cases. The first jury case tried was that of W. H. & J. D. Hay against Archibald Smith; judgment was rendered for the plaintiff in the sum of $29 for debt, and $4.05 for damages. The jury was composed of Hiram Fisher, Spencer Waddington, Thomas Everett, Royal Williams, D. C. Moore, Lewis Girdner, John Davis, H. B. Gale, John Logan, Israel Nordyke, George Davis and E. Goode. The grand jury at this term was composed of Arkelson Keith, Joseph Prichard, John Craig, Charles B. Gray, James Morgan, Seabert Rhea, Isaac Van Dine, Newton Lindsey, David W. Baker, R. W. Rockhold, Alexander Laughlin, Joab Hobbs, S. B. Campbell, David Mullins, Samuel Prewitt and Thomas Clark. The first indictment was found against George W. Meyers, for keeping a dramshop without license. The only other indictment returned at this term was found against James Kirk for an assault with intent to kill.
Other Sessions .- The next term of the court was held at the court - house in Princeton, in April, 1846, when the grand jury found seven indictments-one for murder. It was found against Benjamin Smothers for killing James Kirk, the man indicted at the 'previous .
415
STATE OF MISSOURI.
term for an assault with intent to kill. They were both considered desperate characters, but were, nevertheless, good friends. They had been drinking in one of the many dramshops in Princeton, and in a quarrel which ensued Smothers struck Kirk upon the head with a rock, killing him almost instantly. Smothers made good his escape, but was captured the next day by Joseph Moss, John R. Davis, and one or two others. He was found at Thomas Auberry's on Thompson River near where he lived. He resisted arrest, and was assisted by Auberry, but was finally overpowered, and taken to the house of Mr. Moss where he was kept over night. He was then taken to Princeton, and as no jail had then been built, a heavy log chain was fastened to one foot, and a guard placed over him. A few nights later the guard having fallen asleep he slipped away, procured an ax, cut the chain from his foot and fled. He was never recaptured but was afterward seen in Indiana. Auberry, with whom Smothers sought refuge, was a lawyer of rather unsavory reputation. He resided on Thompson's River where he carried on an illicit liquor trade with the Indians, and his premises became a kind of rendezvous for horse thieves and other malefactors whom he shielded from arrest if possible. When, how- ever, they were so unfortunate as to fall into the hands of the law he defended them in the courts. Such a character would now scarcely be recognized in the courts in any other position than as a candidate for the jail or penitentiary, but in the record of the August term, 1841, of the Grundy County circuit court, is the following entry: Amos Reese and Phillip L. Edwards, appointed to examine Thomas N. Auberry as to his qualifications as a lawyer, and to report to the court, report him well qualified, whereupon the judge of the court proceeded to license him as an attorney and counselor at law. Auberry remained in the county until the "gold fever " broke out in 1848, when he went to California.
The community on Thompson River during the early settlement of the county contained many other bad characters. Among them were Granville Fortner and his brother. They built a cabin on the banks of the river, and engaged in selling whisky to the Indians, who frequented the place in large numbers. Fights and rows were of com- mon occurrence, but the brothers were generally able to quell the disturbances without serious difficulty. At last, however, an Indian was killed by one of them during a melee, the remaining Indians took both brothers prisoners, and carried them to camp with the expressed determination of killing them. Friends of the young men learning of their danger hastened to the Indian camp, and upon promise that
416
HISTORY OF MERCER COUNTY.
they should answer for their crime in the courts, succeeded in rescuing them. They were indicted in the circuit court of Grundy County, but by some means they managed to escape from the country, and the case never came to trial.
During the decade of the "forties " the law-abiding people of the county were greatly annoyed by horse thieves, and as it was found diffi- cult to bring these offenders to justice in the courts, a vigilance committee composed of some seventy or eighty men was organized. This com- mittee held its meetings at the house of William Miller, and afterward at Dr. Mangels, west of Princeton a short distance. When a person was suspected of stealing horses, or harboring horse thieves, he was notified by the committee to leave the county, and as the number and strength of the vigilants was well known, a second warning was scarcely ever required.
The first persons sentenced to the penitentiary by the circuit court of Mercer County were Simon T. Taylor and John Hill, both of whom received a two years' sentence. The former was brought to Princeton on a change of venue from Sullivan County, and tried and convicted of horse stealing. John Hill stole a bowie-knife, valued at $15, from Benjamin Duncan, and was convicted of grand larceny.
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