USA > Missouri > Cooper County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 65
USA > Missouri > Howard County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 65
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HISTORY OF HOWARD AND COOPER COUNTIES.
it always in good order ; his flints, bullets, bullet-moulds, screwdriver, awl, butcher-knife and tomahawk were fastened to the shot-pouch strap, or to the belt around the waist. Target-shooting was much practised, and shots were made by the hunters and settlers, with flint- lock rifles, that cannot be excelled by their descendants with the im- proved breech-loaders of the present day. At all gatherings, jumping and wrestling were indulged, and those who excelled were thenceforth men of notoriety. At their shooting matches, which were usually for the prize of a turkey, or a gallon of whiskey. good feeling generally prevailed. If disputes arose, they were often settled by a square stand-up fight, and no one thought of using other weapons than fists. They held no grudges after their fights, for this was considered un- manly. It was the rule, if a fight occurred between two persons, the victor should pour water for the defeated as he washed away the traces of the fray, after which the latter was to perform the same service for the former.
PIONEER MILLS.
Among the first were the " band mills," a description of which will not prove uninteresting. The plan was cheap. The horsepower consisted of a large upright shaft, some ten or twelve feet high, with some eight or ten long arms let into the main shaft and extending out from it fifteen feet. Auger holes were bored into the arms on the upper side at the end into which wooden pins were driven. This was called the " big wheel " and was about twenty feet in diameter. The raw hide belt or tug was made of skins taken off of beef cattle, which were ent into strips three inches in width ; these were twisted into a round cord or tug which was long enough to encircle the circumfer- ence of the big wheel. There it was held in place by the wooden pins, then to cross and pass under a shed to run around a drum, or what is called a " trunnel head," which was attached to the grinding apparatus. The horses or oxen were hitched to the arms by means of raw hide tugs ; then walking in a circle, the machinery would be set in motion, To grind twelve bushels of corn was considered a day's work on a hand mill.
The most rude and primitive method of manufacturing meal was by the use of the grater. A plate of tin is pierced with many holes, so that one side is very rough. The tin is made oval and then nailed to a board. An ear of corn was rubbed hard on this grater, whereby the meal was forced through the holes and fell down in a vessel pre- pared to receive it. An improvement on this was the hand mill. The
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HISTORY OF HOWARD AND COOPER COUNTIES.
stones were smaller than those of the band mill, and were propelled by man or woman power. A hole is made in the upper stone and a staff of wood is put in it, and the other end of the staff is put through a hole in a plank above, so that the whole is free to act. One or two per- sons take hold of this staff and turn the upper stone as rapidly as pos- sible. An eye is made in the upper stone, through which the corn is put into the mill with the hand in small quantities to suit the mill instead of a hopper. A mortar wherein corn was beaten into meal, is made out of a large round log three or four feet long. One end is cut or burnt ont so as to hold a peck of corn, more or less, according to circumstances. This mortar is set one end on the ground and the other up to hold the corn. A sweep is prepared over the mortar, so that the spring of the pole raises the piston, and the hands at it force it so hard down on the corn, that after much beating meal is manu- factured.
The pictures here drawn of the pioneers, their modes of living, their customs and amusements, while lacking entire completeness, we feel are accurate and truthful. The reader, after reading our chapter in the history of Howard county, on the pioneers, their manners, cus- toms, etc., in connection with this chapter, will get a fair idea of pioneer times.
CHAPTER III.
Organization of Cooper County - First Circuit Court-First Suits- First Verdict of a Jury - First Deed Recorded-Marriages -First County Court-John V. Sharp -- First Court House-Second and Present Court House-Attempts to move the County Seat-" Fantastic Company "-Last Effort to move the County Seat.
ORGANIZATION OF COOPER COUNTY.
Cooper county was organized on the 17th day of December, 1818, and comprised all that part of what had been Howard county, lying south of the Missouri river.
It was bounded on the north by the Missouri River, on the east and south by the Osage river, and on the west by what was then called the territorial line. The county was named in honor of Colonel Benjamin Cooper.
At the time of its organization, it included the territory now embraced in the whole of the counties of Cooper, Saline, Lafayette, Jackson, Cass, Henry, Johnson, Pettis, Morgan, Moniteau and Cole ; and parts of the counties of Bates, St. Clair, Benton, Camden and Miller ; eleven whole connties and part of five others, which would form an area of about seven thousand square miles.
Although the act organizing the county was passed and approved in December, 1818, it was not vested with all the powers, privileges and immunities of a separate and distinct county until the first day of February, 1819.
The commissioners to locate the county seat, appointed by the legislature, were Abel Owens, William Wear, Charles Canole, Luke Williams and Julius Emmons.
FIRST CIRCUIT COURT.
The act of organization provided, that " the courts to be holden in the said county of Cooper, shall be holden at such place iu said county as the commissioners of said county, or a majority of them, shall adjudge most convenient, until a place be fixed on by such com- missioners, and a court-house and jail erected thereon ; provided, that the first court for said county of Cooper be held at Boonville," and
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HISTORY OF HOWARD AND COOPER COUNTIES.
in accordance therewith, the first court of the newly organized county of Cooper, was held in the present limits of the city of Boonville, on the first day of March, 1819. It was held at the boarding-house of William Bartlett, which was situtated on the flat just east of the mouth of Rupe's branch, near the present site of the " Boonville Furniture Factory." This court under the territorial laws of Missouri, exercised the present duties of the county, probate and circuit courts. The duties of these three courts continued to be exercised by this one court until the year 1821, when the duties of the probate and county courts were separated from those of the circuit court, and a new court, called the "county court, " was organized.
As it is supposed that every one would be interested in reading the actions of the first court, we will insert, at this place, the full pro- ceedings thereof, as they appear from the record of the court :
The officers of this first court were, David Todd, judge ; R. P. Clark, clerk ; William McFarland, sheriff, and John S. Brickey, prosecuting attorney.
The grand jury at this term of the court were, Samuel Peters, foreman ; Muke Rose, John Savage, James Chambers, Britton Wil- liams, John Roberts, Carroll George, John Davis, James Savage, Clayton Hurt, Joseph Smith, William Gibson, Eli N. Henry, Freder- ick Houx, Thomas Twentyman, William Noland and Delany Bolin ; John Cathey, Zepheniah Bell, Henry Guyer, George Cathey, Daniel Dugan and James Campbell were summoned on the same jury, but did not appear ; process was ordered to be issued for them to show cause why they should not be fined for their non-appearance.
The commissions of David Todd, as judge; of William McFar- land as sheriff, and of John S. Brickey, as prosecuting attorney, were recorded by the clerk.
The above named grand jury, after having been sworn, retired and returned into court, when, having nothing to present, they were discharged.
The next day, March 2, 1819, the following proceedings were had by the court : -
By order of the court, the whole of the county of Cooper was di- vided into the following five townships : Moreau, Lamine, including all of the present county of Cooper, Arrow Rock, Miami and Tebo,
The following judges of election were appointed, viz. :
For Moreau towuship .- Wm. Wear, John Verian and John Alexander.
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HISTORY OF HOWARD AND COOPER COUNTIES.
For Lamine township .- James Bruffee, Robert Wallace and Ben- jamin F. Hickox.
For Arrow Rock township .- William Lillard, Benjamin Cham- bers and James Anderson.
For Miami township .- John B. Thomas, Joel Estes and John Evans.
For Tebo township .- Julius Emmons, Gilliard Rupe and Abel Owens.
The election, at which the foregoing men were to act as judges, was ordered to be held at the following places in each township : At the house of William Bartlett, in Lamine township; at the house of William Cooper, in Arrow Rock township ; at the house of Andrew Rupels, in Miami township ; at the house of Paul Whitley, in Moreau township, and at the house of Mathew Coxes, in Tebo township.
The following constables were appointed : of Moreau township, Paul Whitley ; of Lamine township, John Potter ; of Arrow Rock township, Jacob Ish ; of Miami township, Elisha Evans ; and of Tebo township, Green Macafferty.
Stephen Turley was granted a license to keep a ferry across the Lamine river.
B. W. Levens, Ward and Parker, and George W. Kerr, were granted a license to keep a ferry across the Missouri river, at the present site of Overton.
The following were the rates fixed by the court to be charged at B. W. Levens' ferry, viz. :
For man and horse, fifty cents ; for either, twenty-five cents ; for horses and four wheeled wagon, two dollars ; for two horses and four wheeled carriage, one dollar ; for horned cattle, four cents each ; and for meat cattle, two cents each.
William Curtis was appointed under-sheriff of Cooper county.
The first petition for a public road, was presented on this day, by B. W. Levens. It asked for the location of a road leading from Boonville to the month of Moniteau creek. The court appointed Richard Stanford, David Trotter, William George and Benjamin Clark, commissioners, to review the road, as asked for, and report to the court their opinion as to the location, etc., of the same.
Bird Lockhart and George Tompkins, who were appointed to ex- amine as to the qualifications of candidates for the office of county surveyor, having filed their report, the court recommended Wm. Ross to the governor, as a fit subject for said appointment.
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HISTORY OF HOWARD AND COOPER COUNTIES.
The next petition for the location of a public road, was filed by Anderson Reavis on the same day. The road petitioned for ran from the mouth of the Grand Moniteau to the Boonville and Potosi road. The commissioners appointed to review this road were Francis Travis, Wm. Lewis and John Savage.
John Potter filed his bond as constable of Lamine township, in the sum of $1,000, with Asa Morgan and William Ross as his securi- ties.
James Bruffee, Benjamin F. Hickox and Robert Wallace were ap- pointed commissioners to superintend the building of the court-house.
The court then adjourned until the regular July term.
JULY TERM, 1819.
Monday, July 5th, 1819. The first indictment by the grand jury in Cooper county, was presented on this day, Stanley G. Morgan being then indicted for assault and battery. It was then the law that every offense, however trivial, should be tried by indictment before the circuit court.
R. P. Clark, this day, produced his commission as clerk of the circuit court of Cooper county ; also Peyton R. Hayden was admitted to the bar, as an attorney and counsellor at law.
John Cathey, Henry Guyer, George Cathey and Zepheniah Bell, against whom process was issued at the March term, were each fined one dollar and costs, for contempt of court, for not appearing as grand jurors at the said term, after having been summoned as such.
The first civil suit on record, was an action for debt, brought by George Wilcox against R. P. Clark and Samuel S. Williams, which is entered among the proceedings of this day.
Tuesday, July 6th, 1819. Jesse McFarland appeared before the court, and took the oath of office as county surveyor. William Bartlett was granted a license to keep a tavern near the mouth of Rupe's branch, in Boonville.
Wednesday, July 7th, 1819. Stephen Cole appointed deputy county surveyor of Cooper county.
The first account presented against Cooper county was allowed on this day. It was an account of William Bartlett, for six dollars for the rent of his honse, it having been used by the court as a court- house. On the same day, four men were fined, by a jury of twelve men, five dollars each, for gambling.
Thursday, July 8th, 1819 .- Asa Morgan was granted a license to keep a ferry across the Missouri river at Boonville.
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HISTORY OF HOWARD AND COOPER COUNTIES.
November term, 1819 .- Andrew S. McGirk was enrolled as an attorney and counsellor at law. James Williams was granted a li- cense to keep a ferry across the Osage river, on the road from Boon- ville to Potosi.
March term, 1820 .- The following men were indicted by the grand jury for swearing, viz. : Jesse Mann, Isaac Renfro, William Warden, William Bryant, Thomas Brown, Stephen Tate, John S. Moreland and David Fine. These indictments were afterwards dismissed by the court for want of jurisdiction.
On the 6th day of March, 1820, Abiel Leonard produced his license, and was admitted to the bar ; also January 23d, 1821, Hamilton R. Gamble was admitted to the bar.
The following is a list of attorneys who at this time were enrolled and practising in this court :-
George Tompkins, John S. Brickey, Peyton R. Hayden, Cyrus Ed- wards, John S. Mitchell, Hamilton R. Gamble, Andrew McGirk, Robert McGavock, Abiel Leonard, John F. Ryland, Arinstedd A. Grundy, Dabney Carr, William J. Redd and John Payne. Among these we find the names of many who afterwards occupied offices of trust in the state of Missouri. Indeed, all of them are noted as being fine lawyers and honorable men.
The first case of any kind placed upon the docket was - United States against John Cathey for contempt. The first civil action was George Wilcox against Robert P. Clark and Samuel S. Williams.
The following is a copy of the record of the first verdict rendered by a jury in Cooper county. It is taken from the proceedings of the November term, 1819 :
UNITED STATES, Plaintiff,
vs.
STANLEY G. MORGAN, Defendant.
" This day comes as well the defendant, in discharge of his recogni- zance, as the prosecuting attorney. Whereupon, the said defendant, being arraigned upon the indictment in this cause, plead not guilty, and, for his trial, put himself upon God and his country, and the cir- cuit attorney also. Whereupon came a jury, viz. : Wm. Burk, William Black, Gabriel Fitsworth, Michael Hornbeck, Nicholas Houx, William Reed, Alexander Dickson, David Reavis, Frederick Houx, David McGee and Samuel Peters, who, being elected, tried and sworn, the truth to say, as and upon the issue joined, upon their oaths do say, that the defendant is guilty of assault and battery, whereof he is in- dicted. Whereupon it is considered by the court, that the said defend- ant make the payment of the sum of five dollars and pay the cost hereof, and may be taken," etc.
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HISTORY OF HOWARD AND COOPER COUNT IES.
There was, as shown by the records, but four peddlers and six mer- chants within the limits of the county of Cooper, during the year 1819.
The total amount of county revenue, on the tax book for 1819, as charged to William Curtis, sheriff, at the July term of this court, was $488.34.
All these terms of court were held at William Bartlett's boarding- house, called on the records, the " Tavern of Boonville."
There is embraced in the foregoing the full proceedings only of the court held on the first and second days of March, 1819 ; extracts only being made from the other terms of the court referred to of those pro- ceedings each day, which were supposed would be of most interest to the general reader. The proceedings of the court held March 1st, 1819, cover only seventeen pages of a very small record book ; for July term, forty-one pages, and for the November term, thirty-three pages. The proceedings of the circuit court, alone, for the April term, 1876; cover eighty-four pages of the largest record made, which is equal to about 250 pages of record, such as was used for the first court. When it is taken into consideration, also, that the proceedings of the county and probate courts, now separate from the circuit court, were included in the record of the circuit court for 1819, it can easily be perceived what a vast increase has been made in this part of the business of the county.
FIRST DEED.
This deed made and entered into this 16th day of July, 1817, by and between Asa Morgan, of the county of Howard, and Charles Lucas, of the town of St. Louis, both in the territory of Missouri, of the one part, and Robert Austin, of the county of Howard in the said territory, of the other part, witnesseth, that they the said Mor- gan and Lucas, for, and in consideration of the sum of seventy five dollars, to them in hand paid by the said Robert Austin, at or before the delivery of these presents, the receipt whereof is hereby acknowl- edged, have this day granted, bargained and sold, and by these pre- sents, do grant, bargain and sell unto the said Robert Austin, and to his heirs and assigns forever, a certain lot or parcel of ground, sit- uate, lying and being in the town of Boonville, in the county of How- ard, in the territory of Missouri, containing ninety feet in front, on Water street, in the said town of Boonville, and 150 feet, more or less in depth, being lot number 43, on the plat of said town of Boonville, reference being thereunto had, as recorded in the office of the recorder of Howard county, in the said territory of Missouri, to have and to hold the said bargained and sold let or parcel of ground, together with all and singular, the privileges and appurtenances thereunto belonging unto the said Robert Austin and to his heirs and assigns forever. And they, the said Morgan and
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HISTORY OF HOWARD AND COOPER COUNTIES.
Lucas, do hereby covenant and agree to warrant and forever defend, the said sold lot or parcel of ground, together with the privileges and appurtenances aforesaid, unto the said Robert Austin and to his heirs and assigns forever, free and clear from all lawful claims and demands whatsoever.
In testimony whereof, they, the said Asa Morgan and Charles Lucas, have hereunto set their hands and seals, the day and year, first above written.
ASA MORGAN. [SEAL. ]
CHARLES LUCAS. [SEAL. ]
Signed, sealed and delivered in the presence of H. S. Guyer and John G. Heath.
MARRIAGES.
Below, will be found some of the earliest marriage certificates on record in the county. We give exact copies : -
Be it known unto all persons whom it may concern, that I, Benjamin Proctor, a minister of the gospel, on the eleventh day of February, 1819, solemuized the ceremonies of matrimony, between John Turner of the one part, and Nancy Campbell of the other. Given under my hand, this day and date above mentioned.
BENJAMIN PROCTER.
OOPER COUNTY, C MISSOURI TERRITORY.
By virtue of the power vested in me by the laws of this territory, I have this 3d day of May, 1819, joined together in the holy estate of matrimony, John Smith and Sally McMahan, both of Cooper county. Certified under my hand, this 3d day of May, 1819.
PEYTON NEWLIN, M. G.
TERRITORY OF MISSOURI, COUNTY OF COOPER,
TOWNSHIP OF MOREAUX.
I certify that on the 28th day of June, in the year eighteen hundred and nineteen, I joined together, in holy state of matrimony, Jeremiah Meadows and Anne Music of the county aforesaid ; given under my hand and seal the date aforesaid.
WILLIAM WEIR. [SEAL. ]
I do hereby certify that on the eighth day of July, in the year of our Lord one thousand, eight hundred and nineteen, I joined to- gether in the holy state of matrimony, Henry Cowin and Honor Howard of the county of Cooper. Given under my hand, as justice of the peace, within the township of Moreaux, in the said county of Cooper, this date aforesaid.
WILLIAM WEIR. [SEAL. ]
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HISTORY OF HOWARD AND COOPER COUNTIES.
TOWNSHIP OF LAMINE, COUNTY OF COOPER, TERRITORY OF MISSOURI.
I do hereby certify that on the 6th day of May, one thousand, eight hundred and nineteen, I did perform the marriage ceremony be- tween John Green and Nancy Boyd, both of said township. Given under my hand, this 16th day of August, 1819.
BENJAMIN F. HICKCOX, J. P.
I certify that on the 12th day of September, 1819, I joined together in the holy state of matrimomy, James Dickard and Christina Craw- ford, of this county. Given under my hand and seal, this day and year aforesaid, as a justice of the peace for the county of Cooper, in Missouri territory.
JAMES BRUFFEE. [SEAL. ]
TERRITORY OF MISSOURI, } ss.
COUNTY OF COOPER.
I, James Bruffee, a justice of the peace within and for the township of Lamine, in the county aforesaid, do hereby certify that on the 7th day of September, 1819, I joined together in the holy state of matri- mony, Charles Force and Betsy Connor, of this county. Given under my hand and seal, this day and year aforesaid.
JAMES BRUFFEE. [SEAL. ]
Territory of Missouri, Cooper county, and towuship of Moroe : Joined in the holy state of matrimony, David Colter and Eliza Stone, on the 13th day of April, in the year of our Lord, 1820, solemnized by me. WILLIAM WEIR, J. P.
COOPER COUNTY,
MISSOURI TERRITORY. S
I do hereby certify that, on the 17th day of July, 1820, I per- formed the marriage ceremony between Larkin Dewitt and Hannah Ewing, both of the county aforesaid. Given under my hand, this 21st of July, 1820. FINIS EWING, M. G .*
In 1819, the first year after the county was organized, there were seven marriage certificates recorded; in 1882, there were 200 re- corded.
FIRST COUNTY COURT.
The first county court within the county of Cooper was held on the 8th day of January, 1821, at the house of Robert P. Clark, on the lot where Adam Eckard now resides, on High street, in the city of Boonville. This court exercised the powers, and performed the duties of the present county and probate courts, which had, previous to this time, been under the jurisdiction of the circuit court. The county court continued to perform the duties of both county and probate
* Finis Ewing was the father of Cumberland Presbyterianism.
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HISTORY OF HOWARD AND COOPER COUNTIES.
courts, until the year 1847, when, by act of the legislature, the pro- bate court was separated from the county court, and continues separ- ate to the present time.
James Bruffee, James Miller and Archibald Kavanaugh, were the justices of this court, appointed by James McNair, the then governor of the territory of Missouri. Robert P. Clark was appointed by the court as its clerk, and William Curtis, sheriff.
And on the 9th day of April, 1821, Robert P. Clark produced his commission from the governor, as clerk of the county court, during life or good behavior. George Crawford was appointed assessor, and Andrew Briscoe, collector of Cooper county.
Ou the same day, the will of Thomas McMahan, deceased, was probated, it being the first will proven before this court and in this county. Also constables were appointed for the different townships in the county as follows : Boonville township, John Potter; Lamine township, Bryant T. Nolan ; Moniteau township, Martin Jennings, and Clear Creek township, James C. Berry.
George C. Hart was appointed commissioner to run dividing line between Cooper and Saline counties ; and B. W. Levens, to run di- viding line between Cooper and Cole counties.
JOHN V. SHARP.
The following facts taken from the records of the county court, soon after that tribunal was established, will show something of the meagre resources of the county at that date ; were they not matters of record they would seem to be too incredible to be believed : --
During the year 1821, John V. Sharp, a soldier who had served in the revolutionary war, and who was living in Cooper county, be- came paralyzed and as helpless as a child. He soon, not having any means of his own, became a charge upon the county. The cost to the county court was two dollars per day for his board and attention to him, besides bills for medical attention.
After having endeavored in vain to raise sufficient funds to take care of him, the county court, in the year 1822, petitioned the gen- eral assembly of this state to defray the expenses of his support, stating, in the petition, that the whole revenue of the county was not sufficient for his maintenance. This may sound strange to persons living in a county in which thousands of dollars are levied to defray its expense. But the whole revenue of the county for 1822, as shown by the settlement of the collector, was only $718, and the support of Mr. Sharp, at two dollars per day, cost $730 per year, besides the
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