USA > Missouri > Nodaway County > Past and present of Nodaway County, Missouri Volume I > Part 7
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"The first case on docket was: The State of Missouri vs. Archibald Prather, for cutting timber on state lands.
"An order for an attachment was issued against James Kuykendall. former sheriff of Platte county, for failing to return the capias in the above named case.
"The next cases were: The State of Missouri vs. Archibald Prather, for the same offense.
"The State of Missouri vs. Abraham Fletcher, for selling and giving an Indian liquor.
"State vs. William Smith ; same against John Brown ; same against Dyer Cash, all of which were continued generally. The first cause to be tried was the following :
"State of Missouri vs. Cornelius Brackney.
"Henry Swearingen. Sr., Andrew Shepherd. Guilford Richards, Thomas Harris. J. M. Cotrell, William Nash, Jacob Ross. Bennett Robertson, William Young, H. Langley. Daniel Swearingen. Jr., and John Dawson, composed the jury :
"We, the jury. find the defendant guilty as charged within the indict- ment, and assess his punishment to a fine of two hundred and fifty dollars.
"H. SWEARINGEN, Foreman."
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FIRST DIVORCE CASE.
The first case of divorce in Nodaway county was that of David Stout vs. Rebecca Stout, in which the following decree was entered :
"Now, at this day came the said complainant by his solicitor, and it ap- peared to the satisfaction of the court here. that the order of publication made herein has been published as the law requires, and that said defendant has failed to appear, answer, demur or plead to the allegations and charges in the complainant's bill of complaint. It is therefore ordered adjudged and decreed, that the said complainant's bill be taken as confessed; and it is further ordered, that unless the said defendant appear before this court at the next October term thereof, at the court house in Maryville, and before the end of said term, and show good cause for not appearing, this decree will be made absolute, and this cause continued till the next term of court."
CHAPTER VI.
COUNTY GOVERNMENT.
Soon after the act of the Legislature organizing Nodaway as a separate county of Missouri (February 14, 1845), the few settlers then living within the confines of the county began to set in motion a form of county govern- ment, best adapted to the immediate wants of the people, as well as to have in view the future growth and demands of later years, when the county should be more densely populated. The place at which the first steps were taken was at the residence of I. N. Prather, and the date was the first Monday in April, 1845. The occasion was the opening of the first term of county court, when John Lowe was appointed president and Amos Graham, clerk. Among other business was the bounding and defining of Atchison township and the appoint- ment of Lebbins Manley as its constable. The limits of this first sub-division of the county to be laid off and much concerning the proceedings of the court concerning it, will be found under the head of "Atchison Township History," at another point in this work.
At the meeting of the county court on April 8th, the same year. the following townships were laid off and their allotting justices appointed : Bu- chanan, Hughes, White Cloud and Washington. At the same session the court appointed as county assessor, Daniel McCarty.
The next session of county court was held at the school house in White Cloud township, when the matter of reports on county roads was acted upon and several highway districts defined. At the same time, a petition was presented asking for the sale of the sixteenth section-school section-by a majority of the population in township 63. range 37.
THE OLD LOG COURT HOUSE.
In the proceedings of the county court for February, 1846-one year after the county's organization-is found the following order concerning the building of the first temple of justice for Nodaway county :
"Ordered that an appropriation of two hundred and fifty dollars be made for the purpose of building a court house in Maryville, the seat of justice of Nodaway county.
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"Ordered that the building of the court house be let out to the lowest bidder on the first Monday in March, 1846, of the following dimensions, to-wit :
"Thirty-two feet long and twenty feet wide, with a partition wall, so as to make one room twenty feet long and the other twelve feet long, and each twenty feet wide-all to be of good logs and durable timber. Rooms each to be nine feet between floors, and all covered with good shingles ; lower floor to be of good oak plank, well seasoned and pointed; to be sealed or plastered overhead nine feet from the lower floor: one door and window in the small room, and one door and three windows in the large room; windows to be twelve lights, glass ten by eight. and in good sash. Doors to be good, strong. plain doors. There shall be six good stone pillars under the sills, one foot above the surface of the ground. The whole building to be well chinked, and pointed with good lime mortar. A good stick chimney in the middle of the partition, so as to make a fireplace in each room : to be of good bricks, all to be finished in workmanlike style by the first day of September, 1846."
This pioneer court house stood on ground partly used by the present brick structure. The building was not completed until the following spring. after its commencement, and was not plastered when the spring term of court was held. It served Nodaway county as a court house between nine and ten years, and around it hung many a fond memory, for there the early delibera- tions of the county fathers were had, and many of the most substantial stones in the foundation of the present county government were well laid, by men. tried, trusty and practical.
In the fall of 1852, a small brick office was built in the court house square, a little south of the old jail site, for the use of the county clerk. This remained until 1868, when it was torn down.
THE SECOND COURT HOUSE.
The second court house was a brick structure, and it had its origin in the county court under the following act, dated July, 1853 :
"Ordered, that James Ray be, and he is hereby appointed, superintendent of the building of the court house at Maryville, the seat of justice of Nodaway county, Missouri, and that thirty-five hundred dollars be appropriated for building the same."
It was later ordered that :
"The plans of a court house submitted by James Ray. to be built in Maryville, the seat of justice of Nodaway county, Missouri, is received as to
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the size and materials, but a full set of specifications accompanying the plan shall be submitted for inspection of bidders and contractors on the day of letting out the same. And that the same be let out to the lowest and best bidder."
The following is also a part of the same record :
"James Ray presents an account against the county for contingent ex- penses as superintendent, for three dollars and five cents ($3.05), which is allowed, and a warrant issued therefor."
The contract was let; the structure finally completed and it served well the purpose for which it was erected, for about twenty-seven years, which was only about one hundred and fifty dollars of an expense for a court house each year, its cost being four thousand four hundred and sixty-one dollars and thirty-two cents. Up to 1881 this second court house had served on all occasions, except during the trial of the celebrated Talbott boys, when it was not considered a safe structure and the trial was adjourned to Union Hall. Immediately after the close of this famous trial, spoken of elsewhere in this volume, the question of providing a better, larger and safer court house occupied the attention of the people and the county court. The matter of erecting a new, modern type of a court house was submitted in regular form to the tax-payers and after its ratification seventy-two thousand dollars worth of county bonds were sold at a premium of three per cent. During the brief session of circuit court, at a time when the old building was being taken down preparatory to the erection of the present fine court house, the scenes in and about the old building were of such a character that here is appended a graphic description of the same, by a writer of that day, who describes the "Briefest Session of Court-Thirty-six Minutes" :
"The briefest term of circuit court perhaps ever held in Nodaway county was in session on the evening of the IIth instant. The eight o'clock train on the Kansas City road brought the Hon. H. S. Kelley. David Stotts and Estella May Howard up from Savannah. Missouri. Miss Howard was charged with having. on the 14th day of July last, stolen about ninety dollars' worth of wearing apparel and jewelry from Mrs. C. Q. Smith, of Maryville. It being more than sixty days before the next term of court, the prisoner de- sired a special term for the disposal of her case. When Judge Kelley reached our city, he learned that our county had failed to provide a room for holding circuit court while the old court house is being removed and the new one erected. He desired to hold the special term on the upper floor of the old court house, which at that time had been unroofed by the workman. The
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scene was picturesque, reminding one of the "Alhambra By Moonlight," or the "Coliseum at Rome." The twelve grand jurors, squatted in one corner of the old ruins, resembled more a council of warriors than a legal body. The forms of law were dispatched by this tribunal in a few minutes, and a 'true bill' was brought to the other corner of the open square, where it was filed in due and ancient style, with the circuit clerk, who was at the time sitting on the sill of what had once been a window of the old court house. The grand jury was discharged, and the members scattered to convenient nooks and corners of the old edifice and leaned against walls to await the coming events. What a novel scene! The opening of the walls, at irregular intervals, allowed the rays of the moon to play upon the lime-littered floor. The plaintive strains of a dozen crickets from the old walls and adjacent trees breathed forth a requiem for the departing temple of justice. Ever and anon a star would shoot across the arched canopy above, while the dry summer wind rustled along the unprotected walls of the building, and small twirls of dirt and dust sought to creep into the very eyes of those who engaged in upholding the majesty of the law. The light upon the improvised stand in front of the court went out, but the light of the moon, assisted by irregular flashes of a Democratic campaign torch, rendered ocular efforts tolerably certain. Es- tella tremblingly ascended the rickety, decaying stairway, accompanied by bailiffs, who lingeringly followed behind. When the prisoner reached the open area in front of the court. she, like a startled hare, cast quick glances at the half-concealed forms in the several corners, then, quivering with emo- tion too deep for expression, she sank into a chair at hand and buried her face in her handkerchief. What a stillness prevailed throughout the open forum! The tremulous breathings of the prisoner were muffled by the moon-beams, while each pulsation caused the beads, which dangled from the margin of her gypsy hat, to tingle like distant bells and to glisten in the light like so many miniature chandeliers. All remained quiescent. Fortuitously, a huge bat might have been seen to flit from its hiding place and perch upon an open volume of the statutes which lay in front of the court. This intrusion broke the spell. The court, in low and measured tones, informed the prisoner of the charge preferred against her, and asked, 'Are you guilty, or not guilty?' The prisoner, shyly lifting her drooping head, half whispered. 'I am guilty.' The court pronounced her sentence to be two years in the state penitentiary, remarking. 'If you are a good girl, one-fourth of the time will be remitted to you.' She answered : 'I always have been a good girl. My mother always said I was the best girl she ever had.' The prisoner was reconducted to jail. The term of court stood adjourned. Time, thirty-six minutes !"
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THE PRESENT COURT HOUSE.
The third and present court house of Nodaway county was erected in 1881 at a cost of almost sixty thousand dollars. At the date of its construc- tion it was looked upon as one of, if not the best, in the entire state, with possibly one exception.
This is a handsome red brick structure, the exterior walls being of St. Joseph pressed brick, while it is decorated with trimmings of sandstone from Parkville, Missouri. The style of architecture may be termed modern Renais- sance. The windows have stained glass transoms, as well as the outside doors -an innovation in court house buildings. The building is heated by steam, is well lighted and properly ventilated. A cistern was constructed in the spa- cious basement and a force-pump placed in the same, sufficient to force water into a tank in the attic. All the vaults are fire-proof. The steep parts of the roof are of slate, while the deck is of tin.
The size of this building is one hundred and eleven feet by seventy-six feet. The height from the grade of the surrounding streets to the tower is one hundred and forty feet. The first story is fifteen feet and eight inches in the clear. The principal county officers have rooms on this floor, while smaller offices and the court room are on the second floor. Toilet rooms, jurors' rooms, witness rooms, and consultation rooms are located handy to the court chamber proper.
The basement is provided with a cement floor and the main corridor is tiled with marble. Whether one views this structure from the exterior, or interior, it stands as a well-built, convenient building in which the citizens of the county and especially those residing at Maryville have ever taken much delight. Yet, with the passing of almost thirty years, it begins to show the ravages of time to some extent, and really some of the rooms are now too small to accommodate the rapidly increasing business of the county. In all probability. the next generation will be talking about the "old court house," even as we today speak of the second court house built, mention of which has just been made above.
THE COUNTY JAIL HISTORY.
Up to 1857 Nodaway county had no regular jail for the confinement of prisoners within its borders. At the December term of county court. in 1856, the following order appears in the records of this county :
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"Ordered that the sheriff advertise, according to law, and let to the lowest bidder on the first Monday of February next, the building of a jail in Maryville, on the plan heretofore used, except that the inside shall be lined with boiler iron, well spiked on.'
At the October term of county court, in 1857, the following order was recorded in the minutes of the court :
"Ordered that the sum of three thousand dollars be, and is hereby ap- propriated, to build a jail in Maryville, Nodaway county, Missouri, and that William O. Howard be, and is hereby appointed, superintendent to have the same done."
In February, 1858, occurs the following entry in the court records of this county : "Ordered that James Ray be, and is hereby appointed. super- intendent of the jail to be built in Maryville. Nodaway county, Missouri, and that he advertise according to law and let the same to the lowest bidder at the May term, 1858, of this court."
Again, at the May term, 1858, it was ordered that : "The jail be erected on the public square, thirty feet north of the clerk's office, and the west side or end thereof to be on the line with the east side of said clerk's office, to front south, and windows to be set on the south side."
Hence it appears the county had more than the ordinary difficulty in securing the construction of a suitable jail.
November 10, 1868, it was ordered that "The county jail of Nodaway county be granted to the trustees of the inhabitants of the incorporated town of Maryville, for such uses and purposes as they may think necessary under the incorporation law."
This old jail building served its purpose and held safe many an offender of the law of the state of Missouri and the town of Maryville. About 1880 it was condemned by the grand jury as unfit and unsanitary for the further keeping of prisoners, but was even later used for all classes of criminals. but when prisoners charged with grave crimes were confined therein. previous to conviction, the sheriff would set a guard over the premises.
THE PRESENT JAIL.
As a matter of safety, and economy to the county. after the first county jail had been condemned, the authorities set about providing Nodaway county with a modern jail. It was built in 1881-82, and is situated on East Fourth street and is a brick structure (St. Joseph pressed), costing about nineteen
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thousand four hundred dollars, with several improvements made to the orig- inal plans. In size, it is forty by eighty feet, two stories high on the frontage, where is located the jailor's house. The jail proper, in the rear of the struc- ture, is but one story high. This is a unique planned jail, one of the first made in the state and one of the securest. An outer grating, extending from the floor to the ceiling, is constructed of chrome steel, which is hardened to such a degree as to be saw and file proof. This grating has no opening, except the door opposite the main entrance door. Inside this grating are the eight original cells, which are set on a revolving turn-table which is operated from the outside entrance door. When a prisoner is placed in a cell, there is no possible way of getting out but by revolving the jail until the cell door is opposite the jail door. And this apparatus can only be operated from the guard room, where the jailor can stand and bring his prisoners out, one by one, without coming in contact with them. The patentee of this novel cell arrangement was W. H. Brown, of Indianapolis, Indiana. A few years since a prisoner was accidentally crushed and killed, while going from this revolving device.
The heating, lighting and ventilating apparatus in this jail are each and all complete within themselves. Messrs. Eckel & Mann, contractors, of St. Joseph, were the builders of this excellent county jail. It was first occupied in 1882. Many improvements have since been added to this jail and today it is in first-class condition.
THE COUNTY POOR FARM.
For the first quarter of a century after the organization of Nodaway county the unfortunate poor-the paupers-of the county were cared for by the various townships, but as this burden increased, it was found expedient to establish a regular poor farm where all could be cared for, and at much less expense than under the old-fashioned system, where a poor person was boarded by individuals in the various townships.
Nothing speaks better for a community than to know of its proper and tender care for its unfortunate poor. The widow and orphan and the aged. who have not been prospered in life's undertakings, no matter from what cause. are deserving the aid that a county, for the most part made up of prosperous people. can render to them.
At the February term of county court. 1871, the court took the first steps toward providing a poor farm for Nodaway county. The order was :
"Ordered, that Joseph E. Alexander. Thomas L. Robinson and Solomon Shell be and they are hereby appointed by this court commissioners in behalf
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of Nodaway county, to make a selection of a poor farm for the use of Nod- away county, in behalf of the dependent poor of said county, and that they report their proceedings, together with their recommendations concerning the same, to the county court, at its adjourned term to be held on the third Mon- day in March, 1871, and that said commissioners take under their considera- tion the law regulating the county court in such matters, as is laid down in Wagner's Statutes, page 403, chapter 40, relative to the poor, and that the clerk of his court notify said commissioners of their appointment."
At the February adjourned term of the Nodaway county court, the com- missioners made the following report : -
"To the Honorable County Court of Nodaway County :
"Your commissioners, appointed at the last term of the court to select and report in regard to the poor farm, beg leave to make report as follows : Having examined a number of farms, we have found it very difficult to get a place with sufficient timber and adjoining tillable land, and we have con- cluded to recommend the purchase of the southwest quarter of section 16, township 64. range 36, less one-half acre that has been sold and does not belong to the tract. The owner, Mr. Andrew W. Hinchman, proposes, if he sells, to give possession only of the dwelling house on the premises, he having made arrangements to raise a crop on the place and wishes to retain possession of same until the crop is gathered. The east half of the quarter is fenced with a very good worm fence, and three sides with a cattle fence, between the improvement and the adjoining farm on the east. There are about sixty acres of good firewood timber on the west half, with a stream of water run- ning through it, which, we are informed, affords water nearly the entire year. There is a very good one and one-half story frame house, with a good well, and a good bearing orchard of apple and pear trees of about sixty acres. The place would not have to be paid for before the first day of January, 1872. The price is thirty dollars per acre, amounting to four thousand seven hundred and eighty-five dollars. In view of the locality being not more than five miles due west (and on a county road with good bridges and streams) from Maryville, we would recommend the purchase."
In accordance with the above recommendations, the county court at once made the purchase of this farm, through Solomon Shell, who had first been appointed special commissioner to make the necessary arrangements, the order in reference thereto limiting the land to be purchased to one hundred and sixty acres, the same to be paid for in county warrants.
In the month of May, 1872, Solomon Shell filed with the county court a title bond for a deed for the southwest quarter of section 16, township 64.
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range 36, signed by Andrew Hinchman, the consideration being for the sum of five thousand one hundred and thirty-seven dollars, payable on the first day of January, 1873.
It was written concerning this humane institution, in 1882:
"There have been three superintendents of this poor farm. George Basom, who was the first, and was succeeded by Judge S. T. Kennedy, who was followed by Henry Clay, now in charge ( 1882). William Young cul- tivated the farm the first three years, paying a rental of three hundred dollars per year therefor and the county paid him a stipulated sum per week for feeding and taking care of the paupers. Henry Cady succeeded Young, the county paying him five hundred dollars annually for operating the farm and taking care of the paupers, the county getting the proceeds of the farm. There were, upon an average for the first three years, five paupers ; they have increased to about ten a year since then. The house on the farm contains some twelve rooms. There is a good well of water on the place, eighty-six feet deep-the deepest in the county."
From year to year, the county's unfortunate poor have been cared for at this institution in an orderly and economical manner. The present (1910) superintendent's annual report to the county court shows the following : Amount expended for the year, four thousand one hundred and twenty-two dollars and twenty-seven cents; amounts received from all sources, eight hundred ninety-three dollars : number of inmates, twenty-three. At this date. E. H. Davis was in charge of the poor farm.
A new and modern styled poor house was erected through bonds voted by the tax-payers of the county in September. 1907. This is a fire-proof, vitrified brick structure situated on the poor farm already described. The bond issue was thirty-five thousand dollars and the building was completed in 1908. March. 1910, the inmates consisted of eight women, thirteen men and four children, ranging from two to ten years of age. The building will accommodate thirty-six, if each have a room by themselves.
FINANCES OF THE COUNTY.
While tables and financial statistics are usually considered uninteresting reading matter, yet the careful, thoughtful reader of any county historical compilation would indeed miss certain things of much interest and value did the author of such works not supply from the records a partial transcript. at least. by decades in the county's history, some of the total footings of the financial affairs of such county. Hence it has been deemed wise to here insert the following :
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