USA > Missouri > Livingston County > Past and present of Livingston County, Missouri : a record of settlement, organization, progress and achievement, Volume I > Part 5
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After standing and gazing on this bloody scene for a few
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HISTORY OF LIVINGSTON COUNTY
minutes, and finding myself in the uttermost danger, the bul- lets having reached the house where I was living, I commit- ted my family to the protection of heaven, and leaving the house on the opposite side, I took a path which led up the hill, following in the trail of three of my brethren that had fled from the shop. While ascending the hill we were discovered by the mob, who immediately fired at us, and continued so to do till we reached the summit. In descending the hill, I se- creted myself in a thicket of bushes, where I lay until eight o'clock in the evening, at which time I heard a female voice calling my name in an undertone, telling me that the mob was gone and there was no danger. I immediately left the thicket and went to the house of Benjamin Lewis, where I found my family (who had fled there) in safety, and two of my friends mortally wounded, one of whom died before morning. Here we passed the painful night in deep and awful reflections on the scenes of the preceding evening.
After daylight appeared some four or five men, with my- self, who had escaped with our lives from the horrible mas- sacre, repaired as soon as possible to the mills to learn the con- dition of our friends whose fate we had too truly anticipated. When we arrived at the house of Mr. Haun we found Mr. Merrick's body lying in the rear of the house. Mr. McBride's body which was found in the front was literally mangled from head to foot. We were informed by Miss Rebecca Judd who was an eye-witness, that he was shot with his own gun after he had given it up, and then cut to pieces with a corn cutter by a Mr. Rogers, of Daviess county, who kept a ferry on Grand river, and who has since repeatedly boasted of this act of sav- age barbarity. Mr. York's body we found in the house, and after viewing these corpses we immediately went to the black- smith's shop where we found nine of our friends, eight of whom were already dead, the other, Mr. Cox, of Indiana struggling in the agonies of death, who expired. We imme- diately prepared and carried them to the place of interment. This last office of kindness, due to the relics of departed friends, was not attended with the customary ceremonies or decency, for we were in jeopardy every moment expecting to
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HISTORY OF LIVINGSTON COUNTY
be fired upon by the mob, who we supposed were lying in am- bush waiting for the first opportunity to dispatch the remain- ing few who were providentially preserved from the slaughter of the preceding day. However, we accomplished without molestation this painful task. The place of burying was a vault in the ground, formerly intended for a well, into which we threw the bodies of our friends promiscuously. Among those slain I will mention Sardius Smith, son of Warren Smith, about twelve years old, who through fear, had crawled under the bellows in the shop, where he remained till the mas- sacre was over, when he was discovered by Mr. Glaze, of Car- roll county, who presented his rifle near the boy's head and literally blowed off the upper part of it. Mr. Stanley, of Carroll, told me afterwards that Glaze boasted of this fiend- like murder and heroic deed all over the country.
The number killed and mortally wounded in this wanton slaughter was eighteen or nineteen, whose names, as far as I recollect, were as follows :
Miss Mary Stedwell, while fleeing was shot through the hand, and, fainting, fell over a log, into which they shot as many as twenty balls. To finish their work of destruction this band of murderers, composed of men from Daviess, Living- ston, Ray, Carroll and Chariton counties, led by some prin- cipal men of that section of the upper country (among whom I am informed, were Mr. Ashley, of Chariton, member of the state legislature; Col. Jennings, of Livingston county ; Thomas R. Bryan, clerk of Livingston county; Mr. Whitney, Dr. Randall and many others), proceeded to rob houses, wag- ons and tents of bedding and clothing, drove off horses and wagons, leaving widows and orphans destitute of the neces- saries of life, and even stripped the clothing from the bodies of the slain. According to their own account, they fired seven rounds in this awful butchery, making upwards of one thou- sand, six hundred shots at a little company of men, about thirty in number. I hereby certify the above to be a true state- ment of facts, according to the best of my knowledge.
Sheriff Wm. O. Jennings who led the Livingston county and other militia volunteers in this Mormon war, was a man
Viktor S.
Stevens
LIVINGSTON COUNTY COURTHOUSE ERECTED IN 1840, IN THE PUBLIC SQUARE, NOW ELM PARK
2
V
Victor Jievens.
FIRST HOUSE ERECTED IN THE COUNTY, IN WHICH WAS HELD THE FIRST SESSION OF COURT Built by Joseph Cox in 1832
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HISTORY OF LIVINGSTON COUNTY
of indomitable courage. He was one of the best known citi- zens in the county and the first sheriff, an office he held for a long term but on the evening of January 30th, 1862, Col. Jen- nings was struck down by the assassin's bullet as he was re- turning to his home on Calhoun street in Chillicothe. At the time of his death Col. Jennings had passed his three score years.
In the Haun's mill fight seventeen Mormons were killed or died from mortal wounds, while twelve were more or less seriously wounded including two boys aged nine and ten years. A young Mormon woman, Mary Stedwell, was also shot through the hand while attempting to escape from the fire of the contending forces.
Several days after this encounter Col. Jennings moved his men in the direction of the far West. When he had reached the northern part of Caldwell county he received information that the Mormons had surrendered. He then returned with his command to Haun's mill, where he remained in camp a fortnight or longer, caring for the widows and orphans of those slain in the battle and keeping watch that no further out- break should occur. Here the militiamen remained until peace was restored.
THE FIRST COURTHOUSE
The first courthouse in Livingston county was built on lot 5, block 11 in the town of Chillicothe and the work on the structure was begun in October, 1837. The location has been given in former histories about the spot where the new laundry was erected in 1913, which is now lot 5, block 11, being about one hundred and fifty or two hundred feet north of the present building in which the county officers are located. This error was due to a change made many years ago when the numbers of the lots in block II were changed, but for what purpose it is not known. In the year 1837 when the building was ordered erected by the court, lot 5, was the present site of A. M. Shel- ton's residence on Cooper street. The order made by the court, as appears of record, is here given verbatim :
Vol. 1-4
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HISTORY OF LIVINGSTON COUNTY
"Ordered that a house be built in toun of Chilico for a temporary cort house for the county of Livinston to be built buy the forth Mondy in march next or 1838 to be of this di- scription towit. Eighteen feet from Out to Out to be raised in cabbin form to be flored with Loose plank of punce ons (puncheons) to be well hewn doun in side to be covered with clabords (clapboards) well nailed on-joice to be 7 feet from floor with a good wood or turf chimney with back & Jams as is usual to cabbins & to be well Chinked & daubed to have a' door cut out faced up & Shutters made to it. The said Com- missioner to let out said house to the Lowest bidder or not to give higher in private contract than Fifty dollars to the under- taker of said house & it is further ordered that said court house be set on lot 5, block eleven."
The structure was a very modest one indeed and was with- out windows for a period of eighteen months when the court made a provision for them. The furniture in this pioneer courthouse consisted of one table three and one-half by four feet in which was a large drawer also six common wooden chairs. The building was finished and the first county court held a session in it May, 1838. About the time the construc- tion of a new courthouse was under consideration and for a time afterwards, in 1841, this pioneer courthouse was used as a schoolhouse.
The second courthouse was completed November 2, 1841. Its construction was ordered by the county court in August, 1838. The order directed that the contract be let the follow- ing November; that the cost should not exceed $5,000, and that the contractor might have two years to complete his work. In November, however, the letting of the contract was ordered suspended until March, 1839, but when that time came the court again ordered the postponement of the contract. Old Thomas R. Bryan, the county clerk, and some others claimed that this action of the court was illegal, and moved to appeal the decision to the circuit court, but the motion to appeal was overruled. The grounds of the second postponement was lack of funds.
In September, 1839, the court appropriated $4,000 to build
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HISTORY OF LIVINGSTON COUNTY
the house; in November the plan of the superintendent for the same was received, and he was ordered to receive pro- posals for the work. In February, 1840, the contract was let to Moses Burton, Esq., of Fayette, Howard county, Messrs. Majors, Garner, Black, Collier and Settle, of that county be- ing his sureties. The contract price was $5,600, of which $1,600 was an additional appropriation. The building was of brick, two stories high, and stood in the center of the public square, in Chillicothe where the new $100,000 courthouse is now under construction. The height of the first story was thir- teen feet. At first, all the rooms were warmed by fire-places. The house was painted and had a cupola and was not an unat- tractive structure. It stood until after the Civil war. Mr. Burton was not paid the cash in full when his work was com- pleted. He was given a warrant for near $4,000, with inter- est at ten per cent, and this was not paid for some years later.
The walls of the "Kandy Kitchen" and the ladies' furnish- ing store on the east side of Elm Park, was constructed of the brick taken from the courthouse that was declared unsafe and dismantled soon after the Civil war.
COUNTY AND CIRCUIT COURTS
The log cabin of Joseph Cox, four miles north of Chilli- cothe, and in which county court was first held, was the scene of the first term of the Livingston County Circuit Court. Court convened on July 3, 1837, the Hon. Austin A. King of Ray county, on the "bench." The court officials were W. O. Jennings, sheriff ; T. R. Bryan, clerk; W. E. Pearl, deputy clerk; and Thos. D. Burch, prosecuting attorney. An appeal case from a justices court was the first called, the docket show- ing that Samuel Ashley was the appellant and Joseph Wolf- scale the appellee. The case was tried by jury, which re- sulted in finding for the plaintiff in the sum of $14.1212. Wood and Burch represented the plaintiff and W. H. Davis the defendant, while the jury was composed of Samuel Parks, George Burch, George Tethers, J. L. Tomblin, Allen Lyle, Solomon Cox, Stephen Cox, J. B. Dewey, Hiram Comstock,
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HISTORY OF LIVINGSTON COUNTY
William Peery, Joshua Whitney and W. L. Moore. At this time seven cases were tried and only three lawyers were pres- ent, those named above and W. C. Jones, of Carrollton.
The second term of court was held, beginning November 7, 1836, at which time a grand jury was empaneled consist- ing of J. L. Tomblin, James Todd, Robert Moss, John Cooper, Robinson Bryan, L. D. Sego, Evan Odell, Thomas Maupin, Nicholas Wells, Jonathan Nichols, Peter Malone, Jacob Goben, John Austin, William Reynolds, Thomas Jennings and Henry Carsner. The jury received its instructions and retired, but after deliberating a short time returned into court and reported "no business" and were discharged. This term of the court was brief, lasting only one day. Joseph Cox, in whose cabin the court was held, boarded the judge, court of- ficials and all litigants and attorneys in attendance.
The first court held in Chillicothe was in July, 1838, at which term the first indictments ever returned were found against Henry Carsner charged with perjury and William Yancey for selling liquor after nine o'clock on Sunday morn- ing. The grand jury at this term was composed of Levi F. Goben, foreman, G. W. Martin, William Smith, Henry Dun- can, John Stuckey, W. F. Ewell, Abram Blan, Elisha Bucher, M. R. Richardson, William Maybray, Abner Brassfield, Thomas Preston, William McCarthy, E. M. Guill, Isaac McCoskrie and William Woolsey. At this term Carsner for- feited his bond and Yancey was fined one dollar and costs.
The April term of the circuit court in 1839, Thomas C. Burch, appointed to the bench by Gov. Boggs, took his seat, but he was succeeded in December of the same year by James A. Clark, with B. F. Stringfellow as prosecuting attorney. At this term several indictments were found by the grand jury, usually the parties being accused of betting or playing cards for money. Among the indictments found were three against Lewis Hunt, Charles Blakeley and Jacob Rogers; two against Levi F. Goben, Sheriff Jennings and John Tatman and one each was booked against Ben. Hargrave, Ben. Baker, Jesse Newlan, Harrison Weldon, Wm. Oxford, H. B. Best, Michael Gardner, Elias Brown, Huston Martin, Samuel Chestnut,
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HISTORY OF LIVINGSTON COUNTY
Francis Peniston, John Comer, Charles Scott, and Hiram Ashby. Only small fines were assessed against these parties with a lecture by the judge to "go and sin no more." For keeping a gambling house Jacob Rogers paid a fine of fifteen dollars into the court's exchequer. Levi Goben, the foreman of the jury, was also indicted for assault and battery, while John Graves, one of the old fathers of Chillicothe, was charged with burglary, but the indictment was quashed. The legal fraternity at this session included J. R. Williams, B. F. Stringfellow, Justiman Williams, Jr., W. Y. Slack and Wm. H. Davis. To this array of legal talent was added R. D. Ray, Charles Gordon and J. H. Savage at the April term, 1840, and in August of the same year Richard Vaughn. Judge Burch called a special term in 1839, to try one John Cunnings, charged with maiming a man named Hiram Taylor, but he was discharged for want of evidence.
Naturalization papers were issued to William Palethrop in April 1842, the applicant, a British subject, having previ- ously declared his intention of becoming a citizen of the United States.
The county court in February, 1839, then composed of W. P. Thompson, D. W. Duncanson and Gilbert Woolsey, changed the names of four townships. Washington, Morgan and Marion were entirely new, Jefferson and Franklin only partial, all now in Grundy county. Jefferson was included as a part of Cream Ridge, and the name of Medicine creek was changed to Chillicothe, Shoal creek was made Monroe, Sugar creek was made Madison and Indian creek renamed Jackson. The present Monroe township, then called Shoal creek, was divided by a line running between sections 30 and 31, in town- ship 57-25, east of Grand river. The northern strip of this territory was then named Greene.
The thirty-sixth Judicial circuit includes the counties of Livingston, Daviess and Caldwell. The present judge is Archie Davis, of Chillicothe and the stenographer Miles El- liott. The terms in Livingston county are held beginning the first Mondays in January, April and September.
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HISTORY OF LIVINGSTON COUNTY
FIRST BRIDGES AND FERRIES
In the fall of 1840 Col. Sarshel Woods, of Carroll county, built a bridge across Shoal creek at Whitney's mill and this was probably the first bridge built in the county. In March, 1841, the county court appointed Joseph Harper and Thomas Carter to examine the cost of this bridge, and on their report and recommendation Col. Woods was allowed $140 for its con- struction.
At the same time John C. Orem, Joseph Harper and Simeon Miller were appointed commissioners to examine all the crossings of the streams in the county, and report at what points bridges should be built. In May $400 was appro- priated to build a bridge across Medicine creek at the cross- ing of the Bloomington and Plattsburg road. This bridge was built by Zadoc Holcomb, and completed in 1842.
The first bridge across East Grand river was completed in the winter of 1843, at Graham's mill. Jesse Nave was the contractor and Levi Cox the commissioner. The structure gave way in a few years. Soon after it was built James Mar- tin and the horse that he was riding both fell off of it into the stream, a distance of thirty feet. The horse was killed, but the man was not injured.
The second bridge on Medicine creek was built at the site of Cox's (Slagle's) mill, in 1843. Numerous other bridges were established in 1843-44.
Perhaps the first ferry in Livingston county was estab- lished over the east fork of Grand river, five miles northwest of Chillicothe, west of Joseph Cox's, in 1835, by Wm. McGee. The first across Grand river below the forks was put in by a man named Murphy in the summer of 1838; he also had a ferry across Shoal creek the same year. Joshua Whitney had a ferry at his mill on Shoal creek near Dawn, in 1838. Elisha Hereford had a ferry across Grand river, six miles south of Chillicothe, in 1839. Hargrave's ferry over Grand river, west of Chillicothe, was operated in 1839, and the same year C. H. Ashby established one across Grand river at the present site of the old Graham's mill.
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HISTORY OF LIVINGSTON COUNTY
FIRST STORES
The first stores in Livingston county were opened by Jesse Nave at Navestown or Spring Hill, in 1837; by John Doss who was killed near Weston, Mo., in 1879 while on his way to California, in 1838; and by Stone & Wilson in Chillicothe in the same year. Prior to this, and occasionally afterwards, the settlers resorted to Carrollton and Brunswick for such arti- cles of merchandise as they were compelled to have. All, or nearly all, of the first stores kept whiskey for sale as a staple article, along with other "necessaries of life."
THE FIRST MILLS
On account of the great distances the early pioneers were obliged to travel to reach a power mill, many of the settlers used the pestle and mortar, these being improvised by burn- ing a circular cavity in the top of some hardwood stump, shaped something after the pattern of a milk crock. In this cavity the corn was placed and pounded into meal or cracked for hominy by the use of hardwood pestle or iron wedge. But it was not long before a power mill was built on Shoal creek, about where the town of Dawn now stands, by Joshua Whit- ney. A mill was also built on Medicine creek by Mr. Cox, later known as the Slagle mill. Then some few miles north- west of Spring Hill James Black started a horse mill and near Utica on the west fork of Grand river, Samuel Todd erected what is believed to be the first water mill in the county.
THE COUNTY AND COUNTY COURT
The creation of Livingston county was not effected until on the 6th of January, 1837, at which time the legislature prepared and passed an act, which was approved by Gov. Dunkin, making it a separate and distinct county, the name being given in honor of Edward Livingston. Previous to this act of the state law-makers, however, and as early as 1820, the territory now comprising Livingston county was part of How- ard; then later and until 1833 it became a part of Ray county,
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HISTORY OF LIVINGSTON COUNTY
but on the organization of Carroll county, it was included in that territory. The settlement of the county by the many pio- neers coming into the territory, warranted the people in their demands for a separate county, their appeal in 1837 being rec- ognized by the following enactment :
Be it enacted by the general assembly of the state of Mis- souri as follows: 1. All that portion of territory heretofore attached to the counties of Carroll and Chariton, in the fol- lowing boundaries; beginning at the northwest corner of Car- roll county; thence east with the northern boundary of said county to Grand river; thence up said river to where the range line dividing ranges twenty-one and twenty-two crosses said river; thence north with said range line to the line dividing townships fifty-nine and sixty; thence west with said township line to the range line dividing ranges twenty-five and twenty- six ; thence south with said range line to the beginning; shall form a separate and distinct county, to be called and known by the name of Livingston county, in honor of Edward Living- ston.
2. All rights and privileges guaranteed by law to separate and distinct counties are hereby extended to the county of Liv- ingston.
3. E. V. Warren, Samuel Williams and George W. Fol- ger, of the county of Carroll, are hereby appointed commis- sioners to select the seat of justice for the said county; and said commissioners are hereby vested with all power granted such commissioners by an act, entitled "An act to provide for organizing counties hereafter established," approved Decem- ber 9, 1836.
4. The commissioners appointed by this act to select the seat of justice for the county of Livingston, shall make such selection within three miles of the center of said county.
5. The courts to be holden for said county shall be holden at the house of Joseph Cox until the county court for said county shall select some other place.
6. The governor is authorized and required to appoint and commission three persons, resident in said county, as jus- tices of the county court thereof, and one person resident in
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HISTORY OF LIVINGSTON COUNTY
said county as sheriff, when so commissioned, shall have full power and authority to act as such in their respective offices, under the existing laws, until the next general election, and until their successors are elected, commissioned and qualified.
7. All that territory lying north of said county of Living- ston shall be attached to said county for all civil and military purposes until otherwise provided by law.
Originally the eastern boundary of Livingston county ex- tended some three miles into what is now the western boundary of Linn county, but this error in bounds was corrected later.
After the approval of the act referred to above the county was divided into four municipal townships at the first session of the county court which was held on April 6th, 1837, at the cabin of Joseph Cox about four miles north of Chillicothe. Three judges were present, William Martin, Joseph Cox and Reuben McCoskrie, with Thomas R. Bryan, clerk and Wil- liam O. Jennings, sheriff, these officials having been commis- sioned by Gov. Lilburn W. Boggs, February, 1837. By con- sent William Martin was made presiding judge of the court. The first business of the court was to divide the county into townships. The records show the boundaries of the four town- ships as follows :
Shoal Creek. Beginning at the southwest corner of the county, on the range line between 25 and 26, where the same crosses the line between Congressional townships 55.and 56; thence east twelve miles, or to the line between ranges 23 and 24; then north to Grand river, then up Grand river to the line between ranges 25 and 26, or the western boundary of the county, then south to the beginning. In other words Shoal Creek township comprised the southwestern part of the county, embracing the territory in the present townships of Monroe, Mound, Greene and Utica.
Indian Creek. Beginning at the northwest corner of the county, proper, then south along the county line to the middle of the channel of Grand river, then down the river to the forks, then up the east fork of Grand river to the north line of the county proper-or the line between Congressional townships 59 and 60, then west to the beginning. In other words Indian
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HISTORY OF LIVINGSTON COUNTY
Creek township included the northwestern portion of the county, comprising the territory between the forks of Grand river, in what is now Sampsel and Jackson townships.
Medicine Creek. Beginning at the northeast corner of the county then south with the county line to Grand river, then up Grand river to the East fork, then up the East fork to the Northern boundary of the county proper, then east to the beginning. Medicine Creek township, therefore, com- prised the entire northwestern part of the county, including all the territory now in Chillicothe, Rich Hill, Cream Ridge, Medicine and Wheeling townships.
Grand River. Beginning on Grand river where the line between ranges 23 and 24 crosses said river (at the north- east corner of what was then Shoal Creek township), then down the river to the Southeast corner of the county (where the line between townships 55 and 56 crosses the river), then west with the South boundary of the county to the line be- tween ranges 23 and 24, then north to the beginning. Grand River embraced the territory in the Southeastern part of the county, south of Grand river, including all of the present townships of Fairview and the greater portion of the present Grand River.
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