USA > Missouri > Cedar County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 21
USA > Missouri > Dade County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 21
USA > Missouri > Barton County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 21
USA > Missouri > Hickory County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 21
USA > Missouri > Polk County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 21
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STATE OF MISSOURI.
northwest Section 35. William M. Dorman, January 29, 1852; northeast southwest Section 23. Thomas Davis, June 5, 1848; northwest northwest Section 28.
Township 37, Range 23 .- Aaron Yarnell, May 24, 1841; northeast Section 21 and southwest Section II. Hiram Yarnell, May 24, 1841; east half northwest Section II. Enoch Lester, August 19, 1840; southwest Section 18. John J. Thomas, November 30, 1838; west half northwest Section 4. Bradford L. Dozier, November 28, 1853; southeast southeast Section 14. Milly Millsaphs, May 20, 1854; southwest northwest Section 10. Benjamin Miller, December 9, 1839; southeast Section 8. John T. Thomas, January 2, 1839; northeast southeast Section 5, and, by same, November 30, 1838, west half northwest Section 4, and east half northeast Section 5. Joseph C. S. Howell, March 30, 1839; northwest Section 17. Hugh C. Donahue, December 16, 1839; northwest southeast and northeast southwest Section 17. Richard Cruce, October 2, 1839; southwest Section 27. Matthew Woodruff, March 1, 1839; northeast northeast Section 36. Isaac Elam, June 15, 1839; southwest northeast Section 32.
Township 38, Range 20 .- Benjamin F. McMullen, July 31, 1848; northwest Section II. Newberry Hobbs, May 31, 1853; southwest northwest Section 16. Thomas G. Roney, June 18, 1858; southwest and west half southeast Section 7. Alexander M. Huffman, April 7, 1852; southeast southwest Section 35. John C. Green, August 10, 1853; northeast southeast Section 23. Solomon Mitchell, January 17, 1854; southwest southwest Sec- tion 31.
Township 38, Range 21 .- Nathan Lucker, January 20, 1848; northeast Section. 16. William Jenkins, January 30, 1845; west half northwest Section 9. William R. Donnell, March 10, 1849; west half southwest Section 8. George R. Daniel, October 31, 1843; west half southeast Section 7. James Byrnside, October 10, 1843; northwest Section 7. Sterling B. Miles, November 3, 1849; northwest Section 27. James D. Donnell, July 8, 1848; northwest southwest Section 22. John Cooksey, June 6, 1848; west half northeast and east half northwest Section 21.
Township 38, Range 22 .- Alexander Breshears, April 5, 1847; northeast southeast Section 10. Sampson Norton, March
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HISTORY OF HICKORY COUNTY.
30, 1847; northeast northeast Section 8. John W. Quigg, No- vember 20, '1847; northeast northwest Section 20. Henry C. Butler, June 9, 1851; northeast southwest Section 20. George B. Alexander, April 2, 1852; southeast southwest Section 32. Samuel Walker, January 26, 1852; northeast southeast Section 31. Harrison H. Jamison, December 2, 1853; southwest south- east Section 29.
Township 38, Range 23 .- Ansel Cook, August 28, 1845; west half southeast Section 10. Elisha Cook, January 26, 1843; west half northwest Section 9, and east half northeast Section 8. Albert Crouch, November 4, 1853; southeast northeast Section 17. Jonathan Harris, July 18, 1853; east half southeast Sec- tion 17. Christopher Z. Harryman, August 11, 1853; northeast southeast Section 8. William Woodrum, July 12, 1853; east half northwest Section 33. Isaac M. Cruce, October II, 1843; west half northwest Section 33, and east half northeast Section 32. Henry Whilton, November 26, 1847; north half southeast Sec- tion 32. Ephraim Jamison, May 30, 1842; west half northeast and east half northwest Section 29. Abraham C. Nowell, June 25, 1842; west half northeast Section 19. Elisha Cook, June 5, 1848; east half northeast Section 19. Gladis Nowell, December 21, 1842; east half southwest Section 19. Nowell T. Kenedy for Fanny Kenedy, October 11, 1843; east half southwest Sec- tion 29. Charles S. Brent, February 2, 1848; southwest south- west Section 33. Henry Whitlow, November 26, 1847, northeast southeast Section 32.
Customs .- The early pioneers had customs in common with the dangers and hardships which met such hardy nation-builders as they fought their slow and wonderful way from the Atlantic to the Pacific Ocean. They had left behind them the resources of civilization, and were compelled to rely wholly upon their own quick wits and keen intelligence in every emergency. They per- force were, therefore, trained in the best school in the world to breed up a race of men not born to be slaves-that of self- reliance and the broadest principles of independence. They faced the rough side of life, but that made their natures strong and tough. Beneath their coonskin caps were strong and vigor- ous brains, and enwrapped in the leather hunting-shirts were as
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brave hearts as ever pulsed with the blood of life. There was nothing effeminate in their natures, and they were as resolute as they were generous. From head to foot they made their own clothes. Help was freely given to build the newcomer's house, which would be put up in a day and dedicated with a grand frolic at night. A " yarb " doctor would supply the place of the " medicine man " among the Indians. He used in his practice herbs, chants, faith, magic or humbug, or all combined. The people were superstitious and very credulous, but they did not believe the Indian as a rule, no matter how plausible his story. They put their entire faith in the Lord, but always carried their guns to " meetin'." It is a noticeable fact that a "still " was always provided before a church was built. Never was a people more sociable and neighborly, but, when a feud once arose, in no instances in history were men more implacable. " Here's a heart . for any fate," was true of every draught they swallowed, whether from the still or the bubbling spring. The men engaged in the chase for the meat for their families; the boys fished and trapped, while the women tended their truck-patches and spun and wove the domestic goods required. Many a pioneer made his own leather jerkin. In that generation distances were less than now, with all our railroads. On foot, horseback or the family ox-cart, one thought nothing of the trackless miles before him to visit a neighbor, or to go to church or to mill. None were rich, but men among them lived to venerable years who never saw a pauper.
COUNTY ORGANIZATION.
Boundary .- The act of the Legislature organizing Hickory County, bears date of February 14, 1845. It directed the three commissioners to meet in March, at the house of Joel B. Halbert (improperly spelled in the act with an o). The boundary lines of the county were described as follows:
0 Beginning at the southeast corner of Township thirty-seven north, of Range twenty west; thence north to the northeast corner of Section twelve, Township thirty-eight north, of Range twenty west; thence west along the section line [sectional line] to the northwest corner of Section seven, Township thirty-eight north, and of Range twenty- three west; thence south on the range line to the southwest corner of Township thirty- seven north, of Range twenty-three west; thence west to the northwest corner of Section
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HISTORY OF HICKORY COUNTY.
three, Township thirty-six north, of Range twenty-four west; thence south on [along] the sectional line to the southwest corner of Section three, in Township thirty-five north, of Range twenty-four west; thence east on [along] the sectional lines to the north [south] east corner of Section one, Township thirty-five north, of Range twenty-one west; thence north on the range line to the northwest corner of Township thirty-six north, and Range twenty west; thence east on [along] the township line to the place of beginning.
The boundary lines here remained as originally made; the only apparent change being the correction of the clerical error which described the line as running to the northeast instead of the southeast corner of Section I.
The three commissioners to locate the permanent seat of jus- tice for the county - Henry Bartlett, William Lemon and James Johnson - duly met at Dr. Halbert's. Judge Halbert's house was on the Buffalo and Warsaw road, on the west side of North Prairie, about nine miles northeast of Hermitage, where Jere- miah Young now resides.
The governor appointed Amos Lindsey presiding judge, and Joel B. Halbert and Thomas Davis associate judges of the county court. They held their first meeting to perfect their county organization at Judge Halbert's house -the temporary seat of justice. Alfred H. Foster qualified as clerk, and John S. Will- iams, sheriff. The court divided the county into five municipal townships, as follows: Montgomery, Center, Stark, Tyler and Green. These were made voting precincts. The county was divided into school districts, and numbered respectively from one to fifty. These important preliminaries being effected, the court adjourned.
Township Formation .- Montgomery Township was formed while the north part of the county was a part of Benton County, and named for Judge Joseph C. Montgomery, who was one of the county court in the formation of the county. In the estab- lishment of Hickory, the judge became one of its citizens, and all that part of the original township south of the north line of the county retained its name and boundary lines in the new county. It contained eighty-eight sections and formed the northwest part of the county. Its south line was along the range line between Town- ships 36 and 37, to the southeast corner of Section 32, Township 37, Range 22; thence north along the section lines to the north line of the county.
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STATE OF MISSOURI.
Tyler Township included all that portion of the county south of Montgomery to the south and west county lines. Its east line was extended to and runs with the river by act of the court in 1881.
Stark Township lying east of Montgomery, occupied all the territory in the northeast part of the county.
Greene Township occupies the southeast portion of the county.
Center Township, as its name indicates, was the central terri- tory of the county, Hermitage being near its central part. Its territory was extended south to the southwest corner of Section 9, Township 36, Range 22, then following the river to the south- west corner of Section 1, Township 36, Range 21; thence due east to the northeast corner of Section 9, Township 31, Range 21; thence due north to its old eastern boundary line.
Cross Timbers Township was formed by the county court in 1873, and it became the north and northeast part of the county, being mostly carved from the territory of Stark Township. In 1881 its west boundary line was reduced to run with the river north and south.
Weaubleau Township, which was formed at the May term of the county court in 1881, was taken from the west side of Tyler Township, and it now forms the southwest corner of the county, being six sections wide and seven sections from north to south.
Wheatland Township was carved from Montgomery and Cross Timbers Townships in 1881. Its south line is Tyler Township, its east line starting north at the southeast corner of Section 32, Township 36, Range 21, and along the sectional lines to the south- east corner of Section 32, Township 37, Range 21; thence due east to the Pomme de Terre River; thence along that stream to the north county line.
County Seat .- Jacob A. Rowans was appointed county seat commissioner, and the new county was hardly on its feet when arose the natural rivalry between the east and west side of the river for the location of the county capital. As noticed, the first meeting was fixed by law at the house of Judge Halbert, on the east side of the river. The good people of the west side were wide awake, and brought sufficient influence to bear upon the authorities to cause them to fix the second meeting at Heard's Spring, a little north of where Wheatland now stands -the farm
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HISTORY OF HICKORY COUNTY.
of John Heard. Upon the argument that turnabout is fair play, the west side gained the first decided advantage in removing the court from the east to the west side. Probably they held out the hope to those opposing that, after they had it one term, it could go back again to the other side. If this was done, the promise was delusive, as the seat of justice has since remained on the west side of the river. The county seat commissioners strug- gled mightily with the great question of Halbert's or Heard's, and soon came to the conclusion that a fair compromise was the only way out of the troublous question. Therefore the most eligible place to be found, and nearly half way between the two points, was selected on the banks of the dividing river. If the location chosen had been over the river, half and half, as it were, the result would have been most happy, and the wild contention on the subject have at once and forever ceased. Upon a close examina- tion of the final action of the commissioners in choosing the spot they did, it brings to light the remarkable shrewdness displayed in complying to the letter with the demands of both sides. They - commissioners and friends - selected a clear day, and about noon came to a place where the river made a sharp loop and turned nearly due south in its course; by looking at their shadows, it was seen that they were on the east side of the stream, and, not having crossed that day, they knew in fact they were on the west side. What more could grasping, hungry county-seaters want? The town stood on the east bank of the river, and that was the main thing desired. No Delphian oracle ever was so adroit in reconciling conflicting circumstances. These county- seat choosers have embalmed their memories in this remarkable feat of founding a city and building it on the east bank, while in fact it stands on the west side of the river. Evidently nature had looked out for this very thing, as the town is on the only spot, and that, too, almost in the center of the county, where this equitable and just division of the conflicting claims of the east and west sides could be so happily adjusted. It is on the north- west of the southeast of Section 23, Township 37, Range 22. Then no one lived at the place, and hence no carping critics could accuse the commissioners of being influenced in their choice by the temptations held out by some resident's " clearing."
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STATE OF MISSOURI.
As soon as the county heads were notified of the location of the permanent county seat, Clerk A. H. Foster moved the county seat to its new home. Perhaps the records were in his hat, weighted down with a bandana handkerchief, and, thus loaded, the " movers " arrived at Hermitage, and their first " seat of jus- tice " was a stump, which still stands as a memento of those stir- ring times. It is on the side of the road leading to the south ferry. Mr. Foster and the records had hardly left Heard's Spring, before there rose up a new party to the county-seat ques- tion. This was no other than Mr. Heard and his followers, who had tasted the sweets of having the seat of power, and they longed to retain it. So far as the west side was concerned, it was a house divided against itself - Wheatland and Hermitage. The east side now turned about and championed the cause of Her- mitage, and now, for forty years, the contest has gone on; but victory has always resulted in favor of Hermitage. Those favor- ing removal to Wheatland have, generally, included John Heard, John W. Quigg, Amos Paxton, William Paxton, Samuel Walker, H. C. Butler and V. Bennett; while the opposition to removal has been sustained by Judge Halbert, Thomas Davis, A. H. Fos- ter, Williams, Doak, James D. Donnell, W. E. Dorman, and others. The Wheatland party secured enough petitioners in 1864 to have the question submitted to a vote at the general election. Under the law it required a two-thirds vote to make the removal. The project was defeated by a very small majority. There was much interest, and hard work done in the campaign by the respective champions. In 1872 the matter was again sub- mitted to a vote, and again a spirited campaign was inaugurated. On election day one party had taken possession of the southeast corner of the court house square, and opened their last and strongest argument. Unfortunately, the zeal of some of the par- ticipants overcame their judgment, and it is Judge Neihardt's rec- ollection that he was the worst wounded man on that day (though not a partaker in its pleasures), a rock, thrown with force at some one else, coming near hitting his head. The election, how- ever, was a signal triumph for Hermitage. Had not the court house burned, this last vote would, no doubt, have permanently settled the question; but the result of the fire has kept it alive in
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the shape of a refusal to vote bonds to build a new structure. The county now has no court house, and it is impossible to say exactly when a new one will be built.
County Buildings .- The first court house, built in- 1847, was a story and a half frame, on lot I, block I, on the south- east corner of the square - where is Dorman's old store-room. It was burned in 1852, and for the next eight years the county had no court house. Then the two-story brick was erected in 1860, in the public square. This afforded comfortable facilities for the courts and offices and jury-rooms. The court-room was on the second floor, where were also two jury-rooms, and below the building was divided into four rooms, with a north and south hall running through it. This was burned on the night of Jan- uary 6, 1881. The fire was discovered about four o'clock in the morning, and, when reached, the most of the building was in flames. The loss of records was the greatest injury. The deed records saved were A, B, C, and N, O, P. The county court minute record books destroyed were A, B, C, and D.
About the time of the building of the first court house, a log jail was put up on lot 3, block 3, southwest of the public square, where is now William McCracken's residence. It was double walled, of hewn logs, two stories in height, with an old- fashioned trap door in the second story. It had been condemned, and was sold, torn down, and the logs carted away in 1870.
The present solid two-story stone jail, erected in 1870, was contracted at the price of $4,000, and, when completed, the court allowed the contractor $600. These two amounts represent the total cost.
An item of some interest is the fact that, when the court was held at the tanyard, one prisoner was in custody, and he was retained with a log chain. This was the noted " slicker," Isam Hobbs, and the manner in which he conducted himself around town, rattling his log chain, was a source of much amusement to the crowd. Isam was a noted character, and probably the worst desperado ever on the borders, but withal, full of fun; and it is said, that, in some of his practical jokes, if it became necessary to beat some poor fellow to death, Isam would do so rather than have the joke miscarry.
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STATE OF MISSOURI.
THE COURTS.
Circuit Court Proceedings .- The time and place of the first meeting in the county of the circuit court is now mostly a tra- dition, of which there are no records to verify exact dates. E. F. Halbert, a son of Judge Halbert, was ten years old in 1845, and is under the impression that the circuit court held a session at his father's house, though this may have been only the county court.
Judge Neihardt, whose recollection, from preparing the cen- tennial sketch, is, perhaps, the best obtainable, thinks the circuit court first met in Hermitage, during the latter part of the sum- mer of 1845. It was held in Thomas Davis' house, in the south- east part of town, the property now belonging to Judge Liggett. The grand jury was impaneled, and retired for deliberation under a large tree near by. The stump of the old tree is still there, something of a monument to the first Hickory County Circuit Court.
The county was a part of the Seventh Judicial Circuit, and Hon. Foster P. Wright served as presiding judge; A. H. Foster, clerk, and John S. Williams, sheriff. Two members of the grand jury survive, and reside in the county- Mr. Lindsey and Simon Creed.
There was no business other than merely organizing the court at this session. The grand jury returned no bills, and there were no causes set down for trial. The court convened late in the forenoon, and adjourned early in the afternoon.
The second term of the court was in the northwest part of the town, in a tanyard, where was a small building. It is supposed the third term was in the then new frame court house, southwest of the public square.
Notable Cases .- The people were quiet and peaceable, farmers mostly, and, even among the rough element, there was nothing serious happened until 1848. A man named Mullins became engaged with another individual in an affray on the streets, near where is now the county clerk's office. Some blows were struck on each side, when Mullins drew his knife and killed outright Jack Dorris, and stabbed John Hobbs in the arm so severely that
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HISTORY OF HICKORY COUNTY.
this member was afterward amputated. Mullins fled to the woods, and, although hotly pursued, was never captured. Indict- ments were found against him and carried on the docket many years before they were stricken off.
Among the early trials on the criminal side was that of a slave, indicted for criminal assault upon a white woman. He was convicted and punished. After the close of the war, society was in a greatly demoralized condition, and criminals prowled over the country to the terror of good people. Horse-stealing became common, and the honest farmers felt compelled, in self- defense, to organize themselves into a vigilance committee. Soon after their organization Burton Moore was found dead, be- tween Pittsburg and Preston. It came to be known later that the vigilantes had swooped down on him at night, killed and left him. The public had, of course, their surmises as to who did it, and why.
Soon after Burton was killed, a man named Washburn had two horses stolen from his farm south of Hermitage. He and party claimed the thieves were two men named Moore and Pitts, to whom the vigilantes sent word to meet them at Her- mitage on a certain day to settle the affair. Pitts and Moore came heavily armed, entering Dorman's store, and remaining there some time. About that time, from all directions appeared some seventy-five men on horseback, and fairly surrounded the town. Pitts came out of the store, and went to the court house, spend- ing a few minutes in the clerk's office. Going out at the south door, he was approached and called upon to surrender, but with an oath refused, and commenced to draw his pistol. The crowd was now close about him, when two men, at the same time, one on each side, fired, the balls entering at the base of each side of his jaw, and passing up into his head. Springing into the air, he fell dead. Moore had escaped from the store, tak- ing to the woods when he saw the crowd surrounding his part- ner. Another man, who was charged as being in the company of Moore and Pitts a great deal, was taken in hand by the vigilantes, but afterward released. After the affair was all over, Captain Rogers made a brief address to the crowd, when the horsemen departed as quietly as they had come. This was
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in open daylight, with no attempt at secrecy or masking faces. No arrests followed.
The Allen-Clayton feud is of comparatively recent occurrence, and is well remembered. In 1886 Thomas Allen was marshal in the town of Wheatland. There had been some difficulty between him and Clayton, and afterward, in attempting to arrest him, Allen was attacked with a club, and, it is said, was fired at, when he drew his revolver and shot Clayton dead. A brother of the latter then appeared and shot Allen, severely wounding him in several places. The injured man was taken home, and lay for a long time suffering from his wounds. Clayton was fined for shooting Allen.
March 20, 1886, Thomas Moore, aged 26, and Lyman Stilts, aged 18, at Quincy, in this county, were engaged in a game of cards, over which arose a dispute, and the parties were about to come to blows, when bystanders interfered. A few hours later the parties again met, at the place of the first difficulty, when the quarrel was renewed. A bystander again stepped between them, when Stilts reached over the man's shoulder and shot Moore in the mouth, the ball ranging downward. The latter lingered sev- eral days and died. Stilts had a preliminary examination, and was not recognized to the court. He then left, and went to the Black Hills. When the circuit met, the grand jury found a bill against him for murder. He was brought back to the county, tried twice, and each time the jury could not agree; on the third trial he was convicted and sentenced to the penitentiary for a term of ten years. His case was appealed, but he had been in the penitentiary eight months when the superior court reversed and remanded his case. This released him from confinement, and he is now out upon bonds to appear at the next term of the court.
In 1874, in the fall, the county safe, which was in the small building in the court house square, now occupied by Judge Nei- hardt, was blown open and robbed. The force of the explosion was sufficient to blow out the greater portion of one side of the building. There was a large amount of money in the safe, but, fortunately, the thieves, evidently being frightened off, secured only about $800, and a large portion of this was in drafts.
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