USA > Missouri > Grundy County > The History of Grundy County, Missouri : an encyclopedia of useful information, and a compendium of actual facts > Part 21
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"Given under my hand this 9th day of August, A. D. 1841. " Tiros. W. JACOBS, Clerk.
" Which said orders and report are directed by the County Court here to be filed in the office of the clerk of this court, which is done accordingly. " JEWETT NORRIS, President."
" Be it remembered that at a county court began and held at the store of Jas. S. Lomax, in said county of Grundy, on the 13th day of September, 1841, present, justices of the County Court, Jewett Norris and Robert Peery, Wm. Thrailkill, sheriff. and Thos. W. Jacobs, clerk. Among others were the following proceedings:
"Now at this day came George Tetherow, a resident householder of said county of Grundy, by his attorney, and filed his motion, to rescind an order made at a special term of this court held in June, 1841, which motion is in the words and figures; to-wit,
NOTE .- Here followed . Att'y Slack's motion to vacate order as above, which will be found a few pages back.
"Which said motion being heard, is overruled by the court here, where- upon the said George Tetherow, by his attorney, excepts and files here in
190
HISTORY OF GRUNDY COUNTY.
court his bill of exceptions, and prays that it may be made a part of the record in this proceeding, which is accordingly done, which said bill of exceptions is in the words and figures as follows; to-wit,
NOTE .- Here follows the order of Justice Norris overruling the motion which has been here tofore given.
" STATE OF MISSOURI,
" COUNTY OF GRUNDY.
"I, Thos. W. Jacobs, clerk of the County Court of Grundy county, Mis- souri, do hereby certify that the above and foregoing is a true and perfect transcript of all the entries, records and proceedings, had and made by the County Court of Grundy county, Missouri, relative to the removal of the county seat of Grundy county, Missouri.
"In witness whereof, I, Thos. W. Jacobs, clerk of the County Court of said county, have hereunto set my hand and private seal affixed (there being no official seal provided by said court), at my office, this 28th day of Octo- ber, A. D. 1841. [SEAL.] "THOS. W. JACOBS, Clerk."
The following order of the Circuit Court to produce the foregoing record from the County Court, is below:
" STATE OF MISSOURI, " GRUNDY COUNTY. S
Circuit Court, December Term, 1841.
" To the County Court of Grundy county, greeting: Whereas, It has been suggested to us that in the orders and proceedings, had once made by you, in and abont the removal of the county seat of said Grundy county, there is manifest error, and these are therefore to command you, that you transmit to our Grundy Circuit Court, and at least thirty days before the first day of the next December term thereof, a true and perfect transcript of all the record and proceedings had and made relative to the removal of the county seat of said Grundy county, in your said court, so that the same may be in our said Circuit Court now fully adjusted.
" Witness, Thos. W. Jacobs, clerk of said Circuit Court, with his hand and private seal affixed (there being as yet no official seal provided), at office this 27th day of October, A. D. 1841.
[SEAL.]
"THos. W. JACOBS, Clerk."
On the back of the above was indorsed the following as county clerk:
" I executed the within by making out a true and perfect transcript of all the records and proceedings had and made by the County Court of said Grundy county, Missouri, relative to the removal of said connty seat of Grundy county, this 28th day of October, 1. D. 1841.
"Attest.
" THOS. W. JACOBS,
"Clerk of the County Court, Grundy County, Missouri.
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HISTORY OF GRUNDY COUNTY.
" STATE OF MISSOURI, - Circuit Court, December Term, 1841.
" COUNTY OF GRUNDY.
" GEORGE TETHEROW -
" COUNTY COURT. Us. Writ of error to the County Court of Grundy county.
"Wm. Y. Slack, attorney for the plaintiff, will in the argument in this case rely upon the following points; to-wit.,
" First-That at the time James Livingston and others filed their petition praying the removal of the county seat of Grundy county, and said county seat was not established, and that there was no county seat established in said county of Grundy at that time.
" Second-That the acts and proceedings of said County Court, had and made relation to the removal of the county seat of said Grundy county that were premature, and are null and void.
" Authorities relied upon : statutes of Missouri, of 1837, page 39, statutes of" 1835, pages 144 and 145.
" WM. Y. SLACK, " Attorney for plaintiff."
" STATE OF MISSOURI, - Circuit Court, December Term, 1841.
" COUNTY OF GRUNDY.
ยท " GEORGE TETHEROW, v8. Error to County Court.
" COUNTY COURT.
" And the said plaintiff by his attorney, Slack, with the leave of the court here, had asked and obtained asssigns as error committed by the County Court of said Grundy county, relative to the removal of the county seat of the said county of Grundy.
" First-That said County Court erred in overruling said plaintiff's motion. filed in said court, moving said court to set aside and rescind an order made by said court, receiving the petition of James Livingston and others, and appointing commissioners to relocate said county seat of said Grundy county. And that said County Court erred in every act, order and proceed- ing had and made relative to the removal of said county seat of said Grundy county.
"For which said errors the said plaintiff asks the court here to reverse the. judgment of said county court therein made, etc.
" WM. Y. SLACK. " Attorney for plaintiff.
" And the said defendant in error comes and joins in the assignment of er- rors in this case and says there is no error in the record or proceeding" of" the County Court of Grundy county in the case of George Tetherow rs. The County of Grundy as in the within assignment alleged.
" Ross, Attorney for defendants."
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HISTORY OF GRUNDY COUNTY.
" STATE OF MISSOURI,
" COUNTY OF GRUNDY.
Circuit Court, December Term, 1841.
" GEORGE TETHEROW vS.
Error.
" COUNTY COURT OF SAID COUNTY.
" The said Tetherow, by his attorney, moves the court here to set aside the judgment rendered in this cause, affirming the judgment of the county court in this cause.
" First-Because said court here affirmed the proceedings of the said county court contrary to law.
" Second-Because said court here ought to have retained the proceedings of said county court and
" Third-Because said court here erred in affirming said proceedings of said county courts.
" WM. Y. SLACK, " For Tetherow."
"STATE OF MISSOURI, - " COUNTY OF GRUNDY.
Circuit Court, December Term, 1841.
" GEORGE TETHEROW US. Error.
. " COUNTY COURT OF SAID COUNTY.
" Be it remembered that on the first day of said term, the said Tetherow, by his attorney, appeared and filed the following:
(Here insert the assignment in error.)
" And the said County Court appeared on same day by attorney and filed the following:
(Here insert the joinder in error.)
" And on said day said Tetherow filed the following:
(Here insert plaintiff"s brief.)
" And the said County Court by attorney filed the following on same day:
(Here insert defendant's brief.)
" And be it remembered that on the third day of said term, the said cause was called up for hearing: Whereupon the court affirmed the proceedings of the County Court of said county, to which opinion of the court in affirm- ing the same, the said Tetherow, by his attorney, excepts, and. prays the court here to allow the same and to sign and seal this, his bill of exceptions and make it a part of the record in this cause, which is accordingly done.
[SEAL.]
" JAMES A. CLARK."
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HISTORY OF GRUNDY COUNTY.
" STATE OF MISSOURI,
Circuit Court, December Term, 1841.
" COUNTY OF GRUNDY.
" GEORGE TETHEROW v8. Error.
" COUNTY COURT OF SAID COUNTY.
" Be it remembered that on the third day of said term of said court, the said Tetherow filed the following motion:
(Here insert the motion.)
" Which said motion the court here overrules, to which opinion of the court here, the said Tetherow excepts and prays that the same may be allowed by the court here, and that this his bill of exceptions may be signed and sealed by the court here and made a part of the record in this cause, which is ac- cordingly done.
[SEAL.]
JAMES A. CLARK."
As the Circuit Court overruled every motion made by the plaintiff, through his attorney, it seemed at last to Tetherow that he was making a hopeless fight and that Lomax Store was destined to be the "Future Great" of Grundy county. Mr. Tetherow failed to appear, and Wm. Y. Slack, his attorney, slacked up in his legal efforts to squelch the rising importance of Lomax Store aforesaid. That is, it is thus given to appear by the following short but pithy order of the court, which reads:
"George Tetherow, petition. Not being present, it is ordered that the same be stricken from the docket."
That was all, and there is no further record of the great county seat fight in the proceedings of the court. The non-appearance of George Tetherow in the latter part of the December term of the Circuit Court of 1841, and the summary removal of the county seat case from the docket ended the struggle, and the next move was to have the eighty acres, donated by Jas. S. Lomax, surveyed and mapped. This was done. F. W. Poage, of Gal- latin, and Mr. Jonas Boyce, the first county surveyor, and Mahlon H. Harlan, commissioner of county seat, laid out the town and subdivided it into blocks and lots, and the town moved slowly along from that time. In fact, the progress of Grundy county in population and wealth was very much after the rest of the State, slow. Immigration though steady was not great, yet Grundy received her share of those who settled north of the Missouri River.
ELECTION FOR COUNTY OFFICERS.
The first election for county officers took place on the first and second day of August, 1842, but, as previously mentioned, no record of these elections can be found, with the exception of that of William Thrailkill for sheriff, and the justices of the peace for the several townships, whose commissions we find on record.
194
HISTORY OF GRUNDY COUNTY.
The following is a true copy of the oath of office and the original bond given by Sheriff Thrailkill on taking possession of the office of sheriff and collector. He succeeded himself, having, as recorded, been appointed by the governor. The record:
" STATE OF MISSOURI,
"COUNTY OF GRUNDY. Ss.
" I. Thos. W. Jacobs, clerk of the County Court, do hereby certify that Wm. Thrailkill was duly elected sheriff of the county of Grundy, on the first and second days of August, 1842.
" In witness whereof, I, Thos. W. Jacobs, clerk of the County Court of said county, have hereunto set my hand, and private seal affixed (there being as yet no official seal provided for said court), at my office this 8th day of August, A. D. 1842. [SEAL.] "THOS. W. JACOBS, Clerk.
" STATE OF MISSOURI, SS.
" COUNTY OF GRUNDY. S
" Personally appeared before me, Thos. W. Jacobs, clerk of the County Court, within and for said county, William Thrailkill, and took an oath to support the Constitution of the United States, and that of Missouri, and to faithfully demean himself in office as sheriff of said county, for the term of two years.
" In witness whereof, I, Thos. W. Jacobs, clerk of the County Court of said county, have hereunto set my hand, and private seal affixed (there being as yet no official seal provided for said court), at my office, this 20th day of August, 1842.
[SEAL.]
"THOS. W. JACOBS, Clerk.
" The foregoing certificate of election was filed in my office for record on the 20th day of August, 1842.
" THos. W. JACOBS, Clerk.
SHERIFF'S BOND.
" Know all men by these presents: That we, William Thrailkill, John Shinn, Willis G. Atkinson, Sam'l Knight, George Brawner, William Este, Moses Sheam and Asa Boyce, are held and firmly bound to the State of Missouri in the sum of twenty-two hundred dollars, to the payment of which well and truly to be paid; we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condi- tion of above obligation is such that whereas the said Wm. Thrailkill was, at the August election, in the year A. D. 1842, duly elected sheriff of the county of Grundy, by virtue of said office is collector, ex officio, for the said county of Grundy, for the year 1842. Now if the said William Thrailkill
195
HISTORY OF GRUNDY COUNTY.
will faithfully perform all of the duties of such office, then the above obli- gation will be null and void, otherwise to remain in full force and effect.
" Given under our hands and seals this 23d day of August, 1842. " WILLIAM TURAILKILL.
" JOHN SHINN. " WILLIS G. ATKINSON.
" SAMUEL KNIGHT.
" GEORGE BRAWNER.
" WILLIAM ESTE.
" MOSES SHEAM.
" ASA BOYCE.
Attest: "THos. W. JACOBS, Clerk.
" Approved Nov. Sth. 1842.
"JEWETT NORRIS, President.
" The above bond was filed in my office for record on the 25th day of Nov., 1842.
" Thos. W. JACOBS, Clerk."
NEW COURT-HOUSE.
The same year, 1842, a contract was made to build a new court-house. The old log Baptist church had been doing duty for a year or more, and Jas. S. Lomax's office, and the woods to which the jury generally went to carry on their deliberations and bring in a large batch of indictments for selling liquor without a license and for card-playing, some of the indicted ones declaring that quite a number of the aforesaid grand jurors being en- gaged in a quiet game while the others brought in the indictments. This would be good history if the stories thus reported could have some authen- tic backing by way of corroboration outside of the spirit of retaliation in which they seemed to be made. That the grand jury took to the timber for deliberations, and that they brought in generally a large number of indict- ments, is true, but what else they did is not of record, though the charges are not altogether improbable. The contract was taken by Wm. Collier. Larkin Richardson and Joseph Thompson, all of Howard county, in March. 1842, and the building stands to-day a monument to the work of honest contractors and their faithfulness to their contract. They did their work honestly and well. The cost was to be, by the original contract, six thou- sand dollars. The superintendent of public buildings for Grundy county was Andrew J. Walker, and following we give verbatim copy of the contract as entered into by the high contracting parties, merely mentioning that WVm. Collier became an honored citizen of Trenton, and Grundy county:
196
HISTORY OF GRUNDY COUNTY.
THE CONTRACT.
" Article of agreement made and fully agreed upon the eighth day of March, in the year of our lord one thousand, eight hundred and forty-two, between Andrew J. Walker, superintendent of publick building in the county of Grundy and State of Missouri, on the one part; and William Collier, Larkin Richardson and Joseph Thompson as principal, and John B. Clark. Samuel C. Major, David Kemble, Nathaniel Ford, A. Patterson and Robert Lynch, their security, of the county of Howard and State of Missouri, of the other part, witnesseth: The said William Collier, Larkin Richardson and Joseph Thompson shall and will on or before the first day of July, eighteen hun- dred and forty-four, in good and workman-like manner well and substan- tially erect, set up and finish one brick house, for a court-house, in the Town of Trenton, in the county of Grundy and State aforesaid, on block number two, thirty feet from Water street and thirty feet from Trenton Avanew, after the plot of said town of the. following dimensions: Forty-five feet long and forty feet wide. The length of said house fronting Water street. The foundation dug below the surface of the ground at the lowest part two feet deep and two feet and one-half wide, brought to a level with the surface of the ground at the lowest part of the ground with small stones pounded in. A wall thereon of stone dressed, eighteen inches high from the highest part of the ground from the surface. Coast work best hamered, with a wash cut three inches wide and one-half inch bevel, and two feet wide, all the stone wall to be grouted. The balance of the wall to be brick laid in flemish bond. Eighteen inches thick the first story, and thirteen inches thick the second story. The higth of the brick wall twenty-six feet, the first story fourteen feet high and the second story twelve feet high. Two doors, one fronting Water street and the other fronting Trenton Avanew, each outside door venition transum overhead, Jam pannell each, one pannell plain, pilas- ters out and inside door, shutters each four pannels, painted outside a rock colour, twenty-one windows arranged after the plan of said plot hereto at- tached, twenty-four lites, each ten by twelve glass, sash of wallnut timber. Frames to be made of three inch stuff, window sells and caps of stone, the caps five feet, two inches long, cut with blocks and fillet sells, suitable length and thickness. The frames of the windows to be worked with a round Gothick joist, all to be twelve inches wide, three inches thick. Four girders, twelve inches squar each to be the full length of the house, solid timber. Cornish to be project twenty inches over the wall, to be a box cornish. Gothick cupelo, to be twenty-one feet high to the top of the dome, the base thirteen feet squar, four feet high, the base to be plain sealed up, the boards to run up and down with a heavy top of ten inches. From the top of the base to the eve of the dome eleven feet, the base to be Eight Squar, finished with venition blines; rod to be eleven feet high. The top of
Very Respectfully WBRogers
PUBLIC LIBRARY
ASTOR, LENOX TILDER FOUNDATIONE
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HISTORY OF GRUNDY COUNTY.
the dome covered with thick tin suitable for such work. Bar, or lower floor, to be nineteen feet by forty, to be raised seven inches above the brick or loby floor. Judge's seat to be raised three feet above the floor, front to be pannelled two feet six inches above the floor of the seat. Steps or stars from the seat banistered and hand railed. Jurau's seat to be raised two feet above the floor, the backs to be panelled, front to be banistered and hand railed all round, to be six feet squar. Attoney's tables to be seven feet long and two feet wide. Wash boards to be twelve inches wide, plain, only worked with a rabit worked on two inches wide, one-half inch deep. Cheer boards in the lower story rabited the same as the wash boards. The pilas- ters to be seven inches wide.
"Window and door casing to be finished with plain pilasters, plain blocks in the corners. The lower story to have one fire place, with plain heavy mantle piece with a top two inches thick, nine inches wide, columns, plaits and blocks in proportion. Upper story, wash boards nine inches wide; cheer boards five inches wide. Four fire places, chimney pieces same as below, with a flew seperate from the flew of the upper chimneys from the lower story to receive the pipe of two stove pipes, one on each side of the bar. Entry, nine feet wide in the upper story, to be divided into four rooms; a door to enter each from the entry, six pannels each. Sash and venition blines all to be one and one-half inches thick. Four colums in the lower story turned twelve by fourteen inches in diameter, for the support of the girders. One lightning rod, three-fourths of an inch bar iron to extend two feet above the rod of ball and dart; to be pointed with steel (magnet- ted); to have three prongs; the rod of ball and dart to have one ball two and one-half feet in diameter, and a dart, both to be gold leafed. The loby to be floored with brick, to be filled up level with the door sills with pounded in. The brick to be laid in sand; the floor of the upper story and bar of good oak plank, five inches wide and one and one-quarter of an inch thick. The wall to be plastered with three coats, the ceiling above, one; below and petition walls to be lathed, and plastered with three coats each. Inside of the house to be painted a led colour: door and window frames to be painted, outside, white; cupelo, white; all three coats; the top of the dome two coats painted. The top of the house covered with wallnut shingls to avrage four inches wide and three-quarters of an inch thick at the but; (gaged); nailed on with four penny nails; nailed to oak sheeting plank; nailed on with eight penny nails. The sheeting plank to be squar edged, laid clost togather. The rafters all to be sawed timbers; the roof to be four squar and painted a Spanish brown. The cornish painted white. The rod of ball and dart, up to the first ball, to be not less than two inches in diameter, the balance of the rod one and one-half inches in diameter. In consideration whereof the said Andrew J. Walker doth, for himself or his successor in office, covenant and promise, to and with the said William Collier,
13
200
HISTORY OF GRUNDY COUNTY.
Larkin Richardson and Joseph Thompson, their executors and assignees, well and truly draw a warrant on the treasurer of the county of Grundy, for the sum of six thousand Dollars, to be paid in two installments; (to-wit.), the sum of two thousand Dollars on the first day of November, eighteen hundred and forty-two, and the sum of four thousand dollars when the aforesaid house is finished: Conditioned, if the house is compleeted before the first day of November, 1843, the payment is not due until that time. And if not compleeted before the first day of July, 1844, the last payment is not due untile the compleetion of the work.
" It is further agreed that aforesaid Wm. Collier, Larkin Richardson and Joseph Thompson, their heirs, executors, administrators or assignees, shall and will at their own expence find and provide all the stone, briek, timber and other materials necessary for making and building the said house. It is further agreed and understood that all things not stated in the above de- seribed house, that is left out, to make it complete after the plot of said house, hereto attached, after the manner of such buildings, shall be fur- nished and finished in a workman-like manner by the undertakers, and shall be as binding as if specified above, and for the true performance of all and singular the covenants and agreement aforesaid, bind themselves, their heirs, executors and administrators unto the county of Grundy, in the penal sum of twelve thousand dollars, firmly by these presents. In witness whereof we hereunto set our hands and seals, this the eighth day of March, one thousand eight hundred and forty-two. Signed, sealed and acknowledged,
" ANDREW J. WALKER [SEAL].
" WILLIAM COLLIER SEAL].
" L. RICHARDSON SEAL].
" JOSEPHI THOMPSON [SEAL]. " JOHN B. CLARK SEAL ].
" SAMUEL C. MAJOR SEAL].
" DAVID KEMBLE SEAL].
" A. PATTERSON [SEAL].
" ROBT. LYNCH [SEAL !.
" In the presents of
" [Signatures blank .- Author]."
The above agreement was written in an easy, flowing hand, still plainly legible, though the paper is yellow and worn with age. With the exception of the punctuation, the document is given verbatim, and is quite a curios- ity, compared with similar papers of to-day. Below is given the first deed recorded in Grundy county. It is, also, remarkable for its quaint wording and peculiar style of spelling. It is printed verbatim:
201
HISTORY OF GRUNDY COUNTY.
FIRST DEED OF RECORD.
"GEO. PEERY & WIFE, - Deed.
TO
"MILTON L. MOORE.
.
" This indenture made the 18th day of March in the year of our Lord, one thousand, eight hundred and forty-one, between George Peery and Jane his wife, of the one part, and Milton L. Moore of the other part, of the County of Grundy and State of Mo. Witnesseth that the said George Peery and Jane his wife, for and in concidnation of the sum of one hun- dred dollars to them in hand paid, the receipt whereof is hereby fully acknowledged, hath Granted, bargained, sold, confirm and conveyed, by these presents doth grant, bargain, sell, confirm and convey unto the said Milton L. Moore and his heirs and assigns forever, all of the two following discribed tracts of land, being and being in the county of Grundy and State of Missouri, in all containing eighty aeres of land, be the same more or less, to be particularly known by the following numbers, (viz:) one piece containing forty acres, being the north half of north west half of the north west quarter of section no. thirteen in Township no. Sixty-one of range no. twenty-five north of the base line and west of the fifth principal Meredian: one other piece containing forty acres, being the north half of the north east half of the north west quarter of section no. thirteen in Township no. sixty-one of range no. twenty-five north of the base line and west of the fifth principal Meredian: To have and to hold all of the above discribed tracts of land together with all and singular the hereditaments and apperte- nances ther belonging or in any wise appertaining, and also all the estates, right, title, interest, claim or demand whatsoever of him, the said George Peery and Jane his wife, either in law or equity, of, in and to the above dis- scribed tracts of land and all and every part and parcel thereof, unto the said Milton L. Moore, his heirs and assigns forever against the lawfull let, claim or demand of them, the said George Peery and Jane his wife, or their heirs or assigns and all and every person or persons whatsoever, shall, will and by these presents do warrant and forever defend. In testimony thereof we have hereunto set our hands and seals, the day and year above written in the presents of Wm. Renfro.
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