USA > Missouri > Cedar County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 41
USA > Missouri > Dade County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 41
USA > Missouri > Barton County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 41
USA > Missouri > Hickory County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 41
USA > Missouri > Polk County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 41
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HISTORY OF DADE COUNTY.
year, and, on being arraigned for trial, was granted a change of venue to Barton County, where he was afterward tried and found guilty of murder in the first degree, and was sentenced to be hanged. He then took an appeal to the supreme court, where the judgment was reversed, and he remanded for new trial. On being arraigned for the second trial, he plead guilty to man- slaughter, and was sentenced to the penitentiary for life.
In 1885 there was considerable petty thieving carried on, in and about the town of Eberton, and George Burlis was suspected of being engaged in the business; whereupon a mob assembled and captured Burlis, took him out to the woods, and tried to make him confess. Failing in this, they told him to run, and, when he ran, some one or more of them shot at and killed him. After- ward, Jesse P. Small, Jacob Sample, S. H. Wilson, Jr., and G. R. Garrison were severally indicted for the murder of Burlis. Small was tried for the offense at the April term of court in 1887, and acquitted; whereupon the cases against the other defendants were nolle prosequied. Prior to the killing of Burlis, a man, in attempting to perpetrate a theft, had been wounded by a shot from a revolver or gun, and it was supposed Burlis was the man, but it was found, after he was killed, that his body had not received the wound. After the death of another individual in the place, his body was discovered to have been wounded, which led to the suspicion that he, instead of Burlis, was the guilty one.
In November, 1887, Daniel Pippinger was indicted for the murder of Ephraim Walker, and, upon entering a plea of guilty of manslaughter, at the November term, 1888, he was sentenced to serve a term of two years in the penitentiary.
On the night of July 3, 1881, a band of disguised individuals went to the jail in Greenfield, and took William Underwood, James Butler, Jr., and Frank Craft, who were confined therein on a charge of horse stealing, and hanged them until they were dead, and left their bodies suspended from the limbs of the trees on the west side of the court house, where they were discovered the next morning by the citizens of the town. These unfortunate men were supposed to belong to a regularly organized gang of horse-thieves. Though this was an unlawful and summary way
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STATE OF MISSOURI.
of inflicting punishment, it is said that it had the effect of break- ing up the horse stealing business in Dade County.
PUBLIC BUILDINGS.
Court House .- The first court house in Dade County was built immediately after the site for the seat of justice was selected and laid out as a town, and named Greenfield. It was a tem- porary one and a half story frame building, with the court-room below and office-rooms above, and was built by R. S. Jacobs and Joseph Griggs. It stood on lot 5 in block 5, in the town of Greenfield, and was used as a court house until about the year 1850, when a brick court house, about the same size of the present one, was erected on the public square where the one now in use stands. It had two halls on the first floor - one passing north and south, and the other east and west through the center of the building. There were four office-rooms on the first floor, and the stairs to the second story at the west end of the east-and-west hall. The second story contained the court- room, and some small rooms adjoining it on the west side - the judges' seat being on the east. The contractor who built this house was Dozier C. Gill.
During the Civil War the court house was used a portion of the time by the Union troops as a fortification, and was so occu- pied on the 6th day of October, 1863, when the town was cap- tured by Confederate troops under command of Gen. Joe Shelby, on which occasion his soldiers carried the public records (except certain ones which some of the rebel soldiers wished to have destroyed) out of the court house, and deposited them with Judge Nelson McDowell, at his residence, and then set the build- ing on fire and burned it down.
In July, 1867, the county court, being in special session, appropriated $10,000 for the building of a court house and jail combined. Subsequently the contract for the erection of the building was awarded to Francis M. Wilson, who, according to the report of W. L. Scroggs, superintendent of public buildings, dated December 21, 1868, had completed the building according to contract. It is a large and substantial two-story brick struc- ture on a rock foundation, with a hall running east and west
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HISTORY OF DADE COUNTY.
through the center of the lower story, on the north of which are three offices, and on the south, two offices and the jail-rooms. The upper story contains the court and jury rooms.
Fail .- The first jail in Dade County was built soon after the county was organized. It was made of hewed timbers eight inches square, the walls consisting of three thicknesses. The timbers of the outer and inner walls occupied a horizontal posi- tion, while the timbers of the middle wall stood in a perpendicu- lar position. It was a two-story building, and was about sixteen feet square in size. The floors were also made of timbers, and the walls of the lower story were lined on the inside with oak lumber one inch in thickness, and into every square inch of surface a ten-penny nail was driven. For the keeping of prisoners, this jail was as safe as any of the modern iron-celled jails. This building was erected by Joseph Griggs, and cost the county about $700. It stood in the hollow on the east side of Greenfield, about a square in distance from the southeast corner of the public square, and was used as a jail until the war period. In 1862 or 1863, the officers of the Fourth Missouri State Militia, then stationed at Greenfield, concluded to use it as a guard house, and, the first night after the order was issued to that effect, it was set on fire and burned down. The next and only other jail the county has had is the one in the new court house.
County Poor .- The county has never had a " poor farm " or poor asylum. The dependent poor persons or paupers have always been cared for by appropriations from the public treasury.
COUNTY OFFICERS.
County Court Justices and Judges .- Nelson McDowell, 1841-45; William Penn and David Hunter, 1841-42; Eshan A. Brown, 1842-44; P. T. Andrews, 1842-45; Isaac Routh and D. S. Clarkson, 1844. * *
* There are no records to show how long the latter two served, nor who were their . immediate successors, but records do show that Peter Hoyle, Edward L. Matlock and Lemuel L. Carlock were serving in 1852, and continued to serve until 1854, after which the complete list, except for the war period, is as follows, viz .: Newell Cates, Sam- uel N. King and C. F. Hardwick, 1854-58; John C. Wetzell and
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STATE OF MISSOURI.
Britain Finley, 1858 to war period; Daniel W. Scott, 1858-60; James R. Witt, 1860 to war period. * * * Mark A. Garrison, Joseph V. Grisham and Willis G. Dodson, serving at end of war period, held their last session in October, 1866; E. H. Travis, 1866-72; S. A. Harshbarger, 1866-68; J. T. Hembree, 1866-72; S. S. Butterfield, 1869-73; Robert Cowan, Samuel E. Shaw, Thomas J. Carson and A. D. Hudspeth, judges, repre- senting, respectively, the First, Second, Third and Fourth Judi- cial Districts of the county, and R. A. Clark presiding judge at large from 1873 to 1875; J. M. Stookey, sole judge from 1875 to 1876; John N. Landers, sole judge from 1876 to 1878; Samuel E. Shaw, presiding justice, 1878-82; James McClelland and George W. Whitesides, associate justices, 1878-80; T. W. Davenport and George W. Wells, associate judges, 1880-82; George W. Wells, presiding judge, 1882-86; E. C. Gillett, presiding judge, 1886, term expires 1890; T. T. Ellis and S. L. Collins, associate judges, 1882-84; T. T. Ellis and W. M. Brown, associate judges, 1884-86; S. H. Wheeler and Fred A. Pierson, associate judges, 1886-88; W. N. Poe and Fred Schnelle, associate judges, 1888, present incumbents.
Circuit Court Judges .- C. S. Yancey, 1856; William C. Price, 1856-57; John R. Chenault, 1857 to war period; John C. Price, 1863-69; Benjamin L. Hendricks, 1869-72; John D. Parkinson, 1872-80; Charles G. Burton, 1880-86; D. P. Stratton, present incumbent, elected in 1886.
County Court Clerks .- Joseph Allen, 1841-45; Nelson Mc- Dowell, 1845-60; D. C. Easton, 1860 to spring of 1861; * * * * Nelson McDowell, 1863-66; N. R. Moore, 1866-68; N. B. McDowell, 1868-74; J. R. Tarrant, 1874-86; C. Z. Russell, present incumbent, elected in 1886.
Circuit Court Clerks .- Prior to the spring of 1861, the clerk of the county court was also clerk of the circuit court. D. C. Easton, who was serving as clerk when the Civil War began, refused to take the oath of allegiance to the United States, as required by the State Convention, which met in February, 1861, to consider the question of secession, and thereby vacated the office, and after that - some time during the war period and also during a period for which the records have been destroyed - the
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HISTORY OF DADE COUNTY.
office of clerk of the county court and clerk of the circuit court were separated, and W. K. Lathim became clerk of the circuit court, and served until 1865, after which the list of circuit court clerks have been as follows, viz .: Benjamin Appleby, 1865-66; Arch. M. Long, 1866-74; D. C. Young, 1874-82; E. T. Kennedy, 1882-86; John A. Davis, present incumbent, elected in 1886.
Sheriffs. - Asa G. Smith, 1841-42 ;* William G. Blake, 1842-six months; M. H. Allison, 1842-43; F. R. McFall, 1843-45; A. D. Hudspeth, 1845-48; James J. Tucker, 1848-52; A. D. Hudspeth, 1852-54; John M. Tarrant, 1854-56; John S. Pemberton, 1856-58; John M. Tarrant, 1858-60; F. M. Hastings, 1860 to some time during the Civil War. E. Shaw was sheriff at close of Civil War, and served until 1866; B. R. Ragsdale, 1 866-68; Alfred Kennedy, 1868-72; John E. Garrett, 1872-74; T. J. Carter, 1874-76; J. R. J. Appleby, 1876-78; James C. Dunaway, 1878-80; George W. Whitesides, 1880-82; Enoch K. Shackelford, 1882-86; J. M. Divine, 1886-88, present incumbent, re-elected.
Prosecuting Attorneys Since 1872 .- David A. De Armond, 1872-73; Henry Merrill, 1873-74; B. G. Thurman, 1874-76; J. F. Duckwall, 1876-80; W. K. Pyle, 1880-86; S. A. Payne, 1886-88, present incumbent, re-elected in 1888.
Collectors .- Prior to 1872, the sheriff of the county was, by virtue of his office, collector of the revenues. The office of col- lector was established in 1872, and R. B. Stephenson was elected as collector, and served until 1874, after which the revenues were collected by township collectors, under the township organization system, until July, 1877, when Alfred Kennedy was appointed county collector, to serve until the next general election in 1878, and since that date the collectors have been as follows, viz. : W. R. Carlock, 1878-80; E. R. Hughes, 1880-86. O. R. Hem- bree, 1886-88; Edgar Clark, present incumbent, elected in 1888.
Treasurers. - * A. H. Allison, 1854-56; D. L. McMillen, 1856-60; W. W. Holland, 1860-61; R. S. Jacobs, * John H. Howard, 1866-72; Alfred Kennedy, 1872-74; Lewis M. Murphy, 1874, July to December; W. R. Russell, 1874-76; L. M. Murphy, 1876-78; T. J. Van
* Collected the revenues, and absconded with same.
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STATE OF MISSOURI.
Osdell, 1878-80; C. W. Griffith, 1880-84; James L. Wetzel, 1884-86; R. S. Jacobs, 1886-88; S. W. Baker, present incum- bent, elected in 1888.
Recorders .- Prior to January 1, 1883, the clerk of the circuit court had, from the organization of the county, been ex officio recorder, and, prior to the election of a circuit court clerk, sepa- rate from the office of clerk of the county court, the county clerk was clerk of both courts, and also recorder. Since a separate office has been established for the recorder, the officials have been O. S. Ragland, from 1882 to 1886, and W. E. Shaw, the present incumbent, elected in 1886.
Judges Probate Court .- Peter Hoyle, 1845-47; Matthias H. Allison, 1847-50; Andrew D. Hudspeth, 1850-52; Matthias H. Allison, 1852-56; D. C. Eastin, 1856-59; Benjamin Appleby, 1859-60; Nelson McDowell, 1860-61; *
* Colum- bus Talbutt, 1863-64; Nelson McDowell, 1864-66; Benjamin Appleby, 1866-68; Nelson McDowell, 1868-70; Levin W. Sha- fer, 1870-72; Orlando H. Baker, 1872-74; L. P. Downing, 1874- 75; James M. Stookey, sole judge of county court, 1875-76; John N. Landers, sole judge of county court, 1876-78; Seymour Hoyt, 1878-82; Mason Talbutt, 1882-86; W. K. Pyle, pres- ent incumbent, elected in 1886.
Surveyors .- B. F. Walker, 1841-46; William Anderson, 1846-50; N. H. Hampton, 1850-55; R. L. McGuire, 1855-60; T. A. Switzler, 1860-61; E. S. Rook, 1861-68; James M. Travis, 1868-72; A. H. McPherson, 1872-74; Arch M. Long, 1875, April to November; James M. Travis, 1875-84; Charles E. Woody, 1884-88; Arch. M. Long, present incumbent, elected in 1888.
ELECTIONS.
To show the political aspect of Dade County, the number of votes cast for each Presidential candidate at the several Presiden- tial elections since its organization, is here given:
In 1844, James K. Polk, Democrat, 690; Henry Clay, Whig, 255; 1848, Lewis Cass, Democrat, 306; Zachary Taylor, Whig, 166; 1852, Franklin Pierce, Democrat, 276; Winfield Scott, Whig, 175; 1856, James Buchanan, Democrat, 418; Millard Fillmore, American, 333; 1860, Stephen A. Douglas, Democrat,
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HISTORY OF DADE COUNTY.
283; John Bell, Union, 406; John C. Breckenridge, Demo- crat, 305; A. Lincoln, Republican, 8; 1864, A. Lincoln, Repub- lican, 507; George B. McClellan, Democrat, 4; 1868, U. S. Grant, Republican, 734; Horatio Seymour, Democrat, 144; 1872, U. S. Grant, Republican, 962; Horace Greeley, Democrat, 701; 1876, R. C. Hayes, Republican, 1,305; S. J. Tilden, Demo- crat, 893; Peter Cooper, Greenbacker, 38; 1880, James A. Garfield, Republican, 1,227; W. S. Hancock, Democrat, 902; Gen. Weaver, Greenbacker, 238; 1884, Blaine and Butler, Fusion, 1,692; Grover Cleveland, Democrat, 1,268; 1888, Benjamin Har- rison, Republican, 1,742; Grover Cleveland, Democrat, 1,477; Fisk, Prohibition, 44; Streeter, Union Labor, 266.
At the election in 1888, the vote of Dade County for Gov- ernor, and other officers, was as follows: For Governor - E. E. Kimball, Republican, 1,770; D. R. Francis, Democrat, 1,460; Lowe, Prohibition, 49; Manring, Union Labor, 259. For Con- gress - John W. Hannah, Republican, 1,737; W. J. Stone, Dem- ocrat, 1,486; Page, Union Labor, 269. For Representative in State Legislature -William H. Watson, Republican, 1,677; Cyrus Lindley, Democrat, 1,529: Charles Moore, Union Labor, 289. All the candidates on the Republican county ticket, with the exception of Fred R. Pearson, who ran for judge of the Western district, were elected. Judge Fred Schnell, the Democratic can- didate for judge of that district, was elected. The other county officers elected are: William C. Watson, representative; J. M. Divine, sheriff; Edgar Clark, collector; S. A. Payne, prosecuting attorney; S. W. Baker, treasurer; A. C. Davis, coroner; R. A. C. Mack, assessor; Arch. M. Long, surveyor; and P. A. Van Osdell, public administrator.
RAILROAD MATTERS.
Railroad Subscriptions and Bonds .- On the 15th day of August, 1854, the county court of Dade County subscribed $20,000 to the capital stock of the Atlantic & Pacific Railroad Company, upon certain conditions expressed in the order. After- ward the order was amended, making the stock payable in four equal annual installments, and Peter Hoyle was appointed
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STATE OF MISSOURI.
commissioner to subscribe the stock and receive the dividends that might arise therefrom. Afterward, on the 3d day of November, 1856, Thomas C. Fletcher, attorney for the railroad company, appeared and moved the court to issue a warrant on the treasurer of Dade County in favor of the company, for five thousand dollars, the amount of the first installment. The motion was sustained, the warrant was issued accordingly, and the money was paid to Fletcher as the agent of the company. No further amount of the subscription was ever paid, for the reason that the railroad company failed utterly to comply with the conditions on which the subscription was made. Taxes were levied and col- lected only for the installment that was paid.
On the 15th day of August, 1870, James F. Hardin, agent of the Kansas City & Memphis Railroad Company, appeared before the county court, and stated that this company would agree to build their railroad through Dade County, by way of Greenfield, provided that the court would subscribe $300,- 000 in bonds to the capital stock of the company. At the same time several prominent and influential citizens of the county addressed the court urging it to make the subscription. Upon consideration of the matter, the court decided that upon the petition of two-thirds of the qualified voters of the county they would take further action in the premises at an adjourned term to be held on the 29th instant following. Accordingly, at the appointed time a petition for the making of such subscription, signed by nearly 1,200 voters, and also a remonstrance against the making of the subscription, signed by a large number, were filed, whereupon the court proposed to the railroad company to subscribe the amount of $200,000 instead of $300,000, upon condition that the road should be built through the county and to run within one-half mile of the court house at Greenfield, and upon other conditions pertaining to the issue of the bonds, etc., and appointed John H. Howard to confer with the railroad com- pany, and to report his action to the court on the 12th of Sep- tember following.
At the appointed time, Mr. Howard reported that the proposition to subscribe $200,000 was accepted by the com- pany, whereupon the court ordered that the county of Dade,
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HISTORY OF DADE COUNTY.
in the State of Missouri, should "take two thousand shares of the capital stock of the Hannibal & St. Joseph Railroad Company, said shares being of the denomination of one hundred dollars each, to aid in the construction of a branch road, the name of which branch was 'The Kansas City & Memphis Rail- road,' the subscription to be made to, in aid of, and for the use of and in the name of The Kansas City & Memphis Railroad, as provided in an act of the Legislature to aid in the building of branch railroads in the State of Missouri, approved March 21, 1868." The court then appointed John H. Howard a commis- sioner, with authority and power to subscribe for the stock sub- ject to the conditions and stipulations fully set out in the order. Afterward, on the 18th day of July, 1871, the conditions expressed in the foregoing order, upon which the subscription was made, were modified in substance as follows : That the work of constructing the railroad should commence without unnecessary delay at the town of Greenfield, in Dade County, and be continued in a southeasterly direction toward Ash Grove, and that the road- bed between Springfield, in Greene County, and Greenfield, in Dade County, including bridging and masonry, should be fully completed ready for the iron and rolling-stock by the Ist of April following; that the commissioner should at once have the bonds lithographed, of the denomination of $1,000 each, to be payable in twenty years from date, bearing eight per cent. interest - the interest to be payable semi-annually, and that R. S. Jacobs be (and was) appointed commissioner for the county to have custody of the bonds when signed and registered in sums not exceeding $75,000. That W. G. McDowell, D. C. Eastin and W. M. Tag- gart be (and were) appointed agents on the part of the county to inspect the work as it progressed, and to see that the funds were economically applied toward the construction of the road. That the commissioner should deliver bonds to the fiscal agent or treasurer of the railroad company for the value of work executed on the road, upon monthly estimates thereof, and as fast as he should deliver bonds to the amount of $5,000, to take from the company certificates of paid-up stock for the same. That the acceptance of these (and other minor) conditions, by John M. Richardson, president of the railroad company, should
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STATE OF MISSOURI.
have the force to bind the company to a faithful compliance therewith.
On the 7th day of August following, W. G. McDowell, one of the county agents, filed with the court the written acceptance of the modified conditions on which the bonds should be issued, signed by the aforesaid James M. Richardson. Subsequently, on the 15th day of November, 1871, the court again took action in the premises, and ordered that all previous orders relative to the subscription of stock to the Kansas City & Memphis Railroad Company, and for the issue of bonds to pay for the stock, be further modified so that the two hundred $1,000 bonds provided to be issued by Dade County, should be issued at once and deliv- ered to the commissioner of the county, and that he should be authorized to sell the bonds, at his own discretion, and to hold the proceeds thereof subject to the order of the court.
The bonds for the $200,000 were prepared and executed accordingly -twenty-five of them being dated October 2, 1871, and one hundred and seventy-five being dated December 1, 1871 ; and all being for $1,000 each. Judge J. T. Hembree, having been appointed commissioner of the county vice Howard re- signed, continued the delivery of the bonds, or otherwise dis- . posed of them, from time to time, and on the 29th day of March, 1873, the court received and accepted certificates of paid-up stock in the Kansas City & Memphis Railroad to the full amount of the subscription - $200,000. On the 4th of May, 1873, the commissioner, Judge Hembree, made his final report, showing that all of the bonds had been issued and delivered to the treas- urer of the Kansas City & Memphis Railroad Company. Hence the bonds were issued and delivered years before any part of the railroad was completed, and, when the interest became due, the people finding themselves without a railroad, felt greatly disap- pointed, and consequently the county refused or failed to pay the interest, and the people generally entertained the hope that, inas- much as the railroad had not been completed as contemplated, by resorting to law they might be wholly released from the payment of the bonds. But the failure to pay the interest soon caused the bringing of numerous suits in the United States court for the collection of the same. The history of these suits would
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HISTORY OF DADE COUNTY.
fill a large volume, and is therefore beyond the scope of this work.
Refunding Bonds .- On the 12th day of December, 1881, the county court, upon the petition of numerous tax-payers of the county, ordered a special election to be held on the 24th of Jan- uary following, to submit to the voters of the county the question of refunding the $200,000 in bonds, and the accrued interest and costs thereon, by issuing new bonds for the amount of seventy cents on each dollar, the refunding bonds to bear interest at the rate of six per cent, the principal to run for twenty years from date, but to be redeemable at the option of the county at any time after the first five years. The election was held accord- ingly, and the proposition was rejected by a majority of the votes cast. Afterward, on the 19th day of June, 1883, another peti- tion, signed by numerous tax-payers of the county, was presented to the court, praying for measures to be taken to refund the bonded indebtedness of the county with six per cent twenty- year bonds. Whereupon the court made an investigation, and found that the original bonds for the $200,000 were still out- standing, and that judgments had been rendered in the United States courts against the county on account of due and unpaid interest coupons to the amount of $74,522.50, and that the total indebtedness was about $390,000. A special election was then ordered to be held on the 31st day of July following, for the pur- pose of submitting the question of refunding the indebtedness to the voters of the county. The election was held accordingly, and, when the votes were counted, it was found that 1,031 had been cast in favor of refunding the debt, and 412 against it. In accord- ance with this decision of the people, the court provided for the issuing of new bonds to all bondholders who would enter into the compromise and surrender the old bonds. Two hundred bonds of $1,000 each, and seventy of $500 each, were then issued, all bearing date of August 4, 1883, and old bonds and judgments entered into the compromise were then canceled. These new bonds bear interest at six per cent from the first day of August, 1883, and the principal runs twenty years from that date, making it due in 1903, but the county has the option to pay any part or all of it at any time after August 1, 1893. All of this last
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STATE OF MISSOURI.
issue of bonds, of course, are now outstanding, together with thirty-five of the original eight per cent bonds, as shown by the bond register in the county clerk's office. The interest on the new bonds is kept paid up, while the interest on the old bonds is still accumulating, but not being paid. The bonded debt of the county, according to the bond register, is as follows:
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