USA > Missouri > Jackson County > The History of Jackson county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens, Jackson county in the late warhistory of Missouri, map of Jackson county > Part 86
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The town site now contains 600 acres, with a population of 3, 146, as given by the census of 1880. The first public land was sold in Jackson county on the IIth day of November, 1828.
The first census of Jackson county was taken by Mr. Jacob Gregg, in 1826, and he received $10 for ten days services. It hardly looks as if it could have been thoroughly done in that time by one person, but such is the record.
Mr. Samuel Newton was the commissioner appointed to number the lots and his report gives much of local interest. Labor was cheap, one dollar a day being his own charge for services. He quotes whisky at 50 cents per gallon; and he charged the city 25 cents for the survey of each lot. Paper was high, he having paid $1. 50 for four quires, which now can be bought for less than half that price. In the matter of labor and the products of the soil, prices were far below those of the present day ; but when it came to articles of manufacture, which was then in its infancy, the old settlers were compelled to pay pretty good prices. Thirty- seven and a half cents a quire for common writing paper and 25 cents for two paste boards would astonish those of the present day, if it was asked of them.
S. G. Owens, Garrett M. Hensley, Jno. R. Swearingen and Judge John Smith were appointed commissioners to sell lots. John Dunston was surveyor, and completed his work Jan. 9, 1827, afterward the town was platted off by Geo. W. Rhodes, which plat is on record in the office. Abner J. Adair purchased the first lots, Nos. 20 and 21, in old town ; these lots are now occupied by Mrs. McClanahan and Theophilus Thompson. Three years after the first part of the town was laid off, the annexed part, the south half of northwest quarter of sec- tion No. 2, was added by special act of the Legislature, and Abram McClelland was appointed commissioner to convey the property to various individual pur- chasers. This act was passed in 1831.
The plat of Independence, approved by the County Court, is given here- with :
"COUNTY OF JACKSON, \ To-wit; STATE OF MISSOURI,
-
COUNTY COURT, SPECIAL TERM, June Ist, 1827.
"We, the undersigned Justices of the County Court of Jackson county do approve of the within plat of the Town of Independence, the seat of justice of this county, and direct the same to be deposited in the office of the Recorder of the county for safe keeping.
Given under our hands and seals the day and date above written.
ABRAHAM MCCLELLAND, [L. S.] HENRY BURRIS, [L. S. ] RICHARD FRISTOE, [L. S.]"
Additions at various times have been made to the original plat, some of which were by the following persons :
Joseph Hansbrough's addition, Nov. 28, 1845; Geo. W. Rhodes, surveyor. J. F. Moore's addition, June 10, 1846.
S. H. Woodson's addition, February 14, 1848.
Henry Rubey's addition, Sept. 13, 1850. McCoy's addition, April 5, 1852.
Woodson & Maxwell's addition, March 20 1851.
Michael Fallon & Jacob Haller's addition, October 28, 1852.
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John F. McCauley's addition, January 28, 1852. Jno. Lewis' addition, March 14, 1853. Lewis Jones' addition, October 21, 1851. Waldo & Norris' addition, March 12, 1858.
Hendrickson's addition, June 26, 1858. J. W. Bonta's addition, June 26, 1858.
Wm. Gilpin's addition, January 3, 1859.
R. S. Johnson's addition, Sept. 3, 1867. SALE OF LOTS.
The first sale of lots took place on the 9th, 10th and 11th days of July, 1827, and in the Recorder's office will be found the report of the commissioner of the sale to the court.
The account reads :
"Commissioner's accounts of lots sold in the town of Independence, at the first sale held, on the ninth, tenth and eleventh days of July, A. D., 1827." Lot No. 6, James Allen, $11.50; James Blakely, security.
Lot No. 4, John Cornet, $14.62 ; L. W. Boggs, security.
Lot No. 74, Jesse Butler, $10.00; James Kimzey, security.
Lots Nos. 116, 19, 135 and 136, Samuel Newton; Samuel C. Owens, security. Lot No. 20, Isaac Blanton, $12.00; John Blanton, security. Lot No. 61, John Thornton, $12.00; Samuel C. Owens, security.
Lot No. 44, Nimrod McCracken, $10.00 ; James Kimzey, security. Lot No. 64, James Flournoy, $34.50; S. G. Flournoy, security.
Lot No. 38, Fitzhugh & Willson, $15.71 ; John Fitzhugh, security.
Lot No. 65, Lawrence Flournoy, $21.50; Rowland Flournoy, security. Lot No. 78, James Kimzey, $10.00; Jesse Butler, security. Lot No. 8, Edward Sneed, $14.00; J. R. Walker, security.
Lot No. 130 Jacob Gregg, $30.73 ; L. W. Boggs, security. Lot No. 50, Thos. Pitcher, $35. 25; William Noland, security. Lot No. 18, Smallwood V. Noland, $25.20 ; Eli Glascock, security.
Lot No 13, Joseph Roy, $40.50; Mark Foster, security. Lot No. 57, James Rothwell, $14.08; Joel P. Walker, security. Lot No. 53, Joseph Brown, $42.00; Elisha Todd, security. Lot No. 3, Armenius Cary, $11. 38; Richard Fristoe, security. Lot No. 5, Geo. H. Arnold, $25.25; Mark Foster, security. Lot No. 12, Richard Fristoe, $34.00 ; John Cornet, security. Lot No. 47, John Cornet, $10.00; Edward Wilburn, security. Lot No. 11, James Aull, $32.00 ; Richard Fristoe, security. Lot No. 93, Solomon G. Flournoy, $49. 72 ; Rowland Flournoy, security. Lot No. 63, John Thornton, $11.25 ; Sam'l C. Owens, security.
Lot No. 49, Jacob Gregg, $12.50; J. R. Walker, security.
Lot No. 66, John Smith, $20 oo; Ira Smith, security. Lot No. 139, James King, $23.02; William Silvers, security. Lot No. 142, Lewis Jones, $42.20 ; James Moze, security.
Lot No. 133, James Kimzey, $18.94; Eli Roberts, security.
Lot No. 112, G. Johnston, $10.00; S. V. Noland, security. Lot No. 94, S. V. Noland, $15.15; G. Johnston, security. Lots Nos. 113 and 114, G. Johnston, $20.00 ; S. V. Noland, security. Lot No. 71, Eli Roberts, $10.00 ; James Kimzey, security.
Lot No. 103, Cicero Brown, $10.00; Gan Johnston, security.
Lot No. 76, Daniel Monroe, $10.00 ; Elisha Todd, security.
Lots Nos. 134, 127, 124, 125, 126, 79, M. Franker & E. Todd; Eli Roberts, security.
Lots Nos. 73 and 85, Lewis Jones, $22.00; James Moze, security.
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Lot No. 132, L. W. Boggs, $9.25; J. R. Swearingen, security.
Lot No. 128, John Young, $14. 44 ; Rob't Johnson, security.
Lot No. 9, Solomon Flournoy, $20.00; S. C. Owens, security.
Lot No. 70, Rowland Flournoy, $12.00; S. G. Flournoy, security. Lot No. 69, Lawrence Flournoy, $10.00; R. Flournoy, security.
Lot No. 56, Wm. Conner, $12.00; Aaron Overton, security. Lot No. 39, James Savage, $6.64 ; Henry Burris, security.
Lot No. 134, Jacob Gregg, $9.16; L. W. Boggs, security.
Lot No. 62, John Cornet $10.00; Richard Fristoe, security.
Lots No. 67 and 75, Eli Roberts, $26.50; I. D. Dickey, security.
Lot No. 58, Geo. H. Arnold, $16.00; Eli Roberts and Wm. Silvers, security. Lot No. 72, James Kimzey, $27.00; Samuel Kimzey, security.
Lot No. 60, Cicero Brown, $32.00; Gan. Johnston, security.
Lot No. 52, Elisha Todd, $43.00; Joseph Brown, security.
Lot No. 68, Eli Roberts, $15.00; J. D. Dickey, security.
Lot No. III, John Smith, $11.75; Ira Smith, security.
Lot No. 37, James H. Wilson, $10 00; S. Fitzhugh, security. Lot No. 40, Solomon Fitzhugh, $10.00; Jas. H. Wilson, security.
Lot No. 137, John Thornton, $20.44 : Samuel C. Owens, security.
Lot No. 92, James Flournoy, $21.72; R. Flournoy, security.
Lot No. 29, Levi Yates, $10.00; Wm. Yates, security.
Lot No. 141, James King, $11.85; Wm. Silvers, security.
Lot No. 21, S. C. Owens and Ed. Wilburn, $10.00 ; R. Flournoy, security. Lot No. 55, Aaron Overton, $14.64; Wm. Conner, security.
Total amount of cash received for the sale of land was $374.57. The lots were sold partly on time, and about one-fourth of the amount of each lot was paid down. The following receipt was given for the cash paid at the sale :
" Received of Samuel Newton, commissioner of the seat of justice for Jack- son county, three hundred and seventy-four dollars and fifty-seven cents, being the whole amount of moneys collected by him on account of sales of lots in the town of Independence, up to this date. L. W. BOGGS, Clerk,
" INDEPENDENCE, August 6, 1827. Acting County Treasurer."
Some of the payments on lots became due in July, others in August, and later periods.
We give the following Voucher as showing the way the business was done, the money received and the kind being fully given in the receipt :
" Received of Lewis Jones, commissioner of the seat of justice for Jackson county, Two Hundred and Sixty-Eight Dollars and eighteen cents in specie, and Fifty Dollars in United States paper ; Fifteen Dollars in Auditor's warrants, taken of L. W. Boggs, by order of the court; Eighteen Dollars in county warrants, payable to L. W. Boggs ; paid S. C. Owens, as County Treasurer, Eighteen Dol- lars and ninety-two cents ; also seven dollars and fifty cents, in two notes-one on Smith and the other on John Cornet, both to be charged to said John Smith, as the bidder of the public gaol; making in the whole, allowing the said Lewis Jones one-half per cent for collection, three hundred and sixty-six dollars and fifty-six cents. This 2d day of February, A. D. 1829.
"SAM'L C. OWENS, Clerk, " Acting as County Treasurer."
FIRST INSTRUMENT OF RECORD.
The first instrument recorded in Jackson county is rather a remarkable one and deserving of special mention and remembrance. It was concerning a cer- tain patent obtained by Anthony Bencine, of Greensboro, North Carolina, who for $500, sold the right for the counties of Lafayette, Ray, Clay and Jackson to R. and L. McCaskrie. It states that it is for the improvement of grist mills.
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specifying that by certain arrangements of burrs, spindles, etc., perfect accuracy in grinding can be had in such a manner as has never before been attained or used in the United States. These letters patent were issued to A. Bencine by John Quincy Adams, President, Henry Clay, Secretary of State, and certified to by Wm. Wirt, Attorney-General of the United States. The witnesses of the sig- nature of A. Bencine, were T. Early Strange and Peter Adams, of North Caro- lina.
These documents are so exceedingly interesting that a careful perusal of them will afford the reader much pleasure. A simple description of them is not suffi- cient, we therefore insert them :
LETTERS PATENT. THE UNITED STATES OF AMERICA.
To all to whom these letters patent shall come :
WHEREAS, Anthony Bencine, a citizen of the United States, hath alleged that he has invented a new and useful improvement in grist mills, which improvement, he states, has not been known or used before his application; hath oath that he doth verily believe that he is the true inventor or discoverer of the said improve- ment; hath paid into the treasury of the United States the sum of thirty dollars, delivered a receipt for the same, and presented a petition to the Secretary of State, signifying a desire of obtaining an exclusive property in said improvement, and praying that a patent may be granted for that purpose. These are, therefore, to grant, according to law, to this said Anthony Bencine, his heirs, administrators or assigns, for the term of fourteen years from the sixteenth day of January, one thousand eight hundred and twenty-seven, the full and exclusive right and liberty of making, constructing, using and vending to others to be used the said improve- ment, a description whereof is given in the words of the said Anthony Bencine himself, in the schedule thereunto annexed, and is made a part of these presents. In testimony whereof I have caused these letters to be made patent and the seal of the United States to be hereunto affixed. Given under my hand at the City of Washington this sixteenth day of January, in the year of our Lord one thousand eight hundred and twenty-seven, and in the Independence of the United States of America the fifty-first.
By the President,
J. Q. ADAMS.
H. CLAY, Secretary of State.
CITY OF WASHINGTON, to-wit :
I do hereby certify that the foregoing letters patent were delivered to me on the sixteenth day of January, in the year of our Lord one thousand eight hundred and twenty-seven, to be examined ; that I have examined the same and find them conformable to law, and I do hereby return the same to the Secretary of State within fifteen days from the date aforesaid, to-wit, on this sixteenth day of January, in the year aforesaid.
WM. WIRT,
Attorney-General of the United States.
First court in Jackson county was held by Judge David Todd at the house of John Young, March 29th, 1827, and the following is the official record, together with his commission :
" At a circuit court held for Jackson county, at the house of John Young, the place appointed by law, organizing said county, on Thursday the 29th day of March, 1827, being the first Thursday succeeding the fourth Monday in said month. Present the Hon. David Todd, judge, who produced his commission with his certificate of qualification thereon indorsed which is ordered to be
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HISTORY OF INDEPENDENCE.
recorded, and is in these words, viz: To all who shall see these presents greeting know ye, Alexander McNaer, Governor of the State of Missouri, that reposing special trust and confidence in the integrity learning and abilities of David Todd, Esq., I have nominated and by and with the advice and consent of the senate do hereby appoint him judge of the first judicial circuit in the State of Missouri, and do authorize and empower him to discharge the duties of said office according to law. To have and to hold said office with all the powers, privileges and the emoluments to the same of right appertaining unto the said David Todd during good behaviour or until, or otherwise removed according to law."
" In testimony whereof I have hereunto set my hand and caused the great seal of the State of Missouri to be affixed. Done at St. Charles the 13th day of December, A. D., 1822, and in the Independence of the United States the forty- seventh.
A. McNAIR.
By the Governor,
WILLIAM G. PETTUS, Secretary of State."
Below will be found the certificate of qualification of the Judge :
" Be it remembered, that on the eighth day of February, in the year of our Lord, one thousand, eight hundred and twenty-three, before me, Jonathan S. Findlay, Justice of the Peace, within and for the county of Howard, in the State of Missouri, personally came David Todd, Esq., in the within commissioned named, who took before me the oath to support the Constitution of the United States, also to support the Constitution of the State of Missouri, and moreover, the oath to demean himself faithfully, and to the best of his skill and abilities in the office of Judge of the first Judicial Circuit Court, in the State of Missouri, so long as he shall continue to exercise the duties of the same.
" Sworn and subscribed before me, J. S. FINDLAY, Justice of the Peace, Howard Co., Mo."
The first county court was held in May, 1827, near Mr. Ross's spring, south- east of town. The Judges were Abram McClelland, Henry Burris and Richard Fristoe. Joel Walker acted as sheriff and L. W. Boggs clerk of the court. Daniel Todd was Judge of the Circuit Court, and S. C. Owens clerk, and the first meeting of the court was held in a log house opposite the old foundry. .
NEW COURT HOUSE.
The building of a court house now began to agitate the people. The rooms occupied were not suitable and the wants of the county and its accommodation of records demanded more commodious quarters. At the September term of the county court the matter was decided, and the following order was entered upon the records for building the first court house in Jackson county. It bears date September 3d, 1827.
" Ordered, That there be erected a temporary court house in the town of Independence. That the Superintendent of Public Buildings be directed to cause to be erected on the northwest corner of lot fifty-nine, in the town of Independ- ence, a hewed log house thirty six feet in the clear in length, by eighteen in the clear in width, a partition of hewn logs so as to leave the large room twenty-two feet by eighteen and the small eighteen by fourteen. One good story high, say nine feet between joists and the floor, roof to be of rafters and three foot boards, with a brick chimney built so as to have a fire-place in each room, with a rock foundation, with good puncheon floors below and a loft covered with plank, and a sufficient number of hewn joists to each room. The foundation of the house to be laid on stone pillars with a sufficient number of doors and windows, say one door in the large room and one through the partition, cracks chinked with seasoned
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HISTORY OF INDEPENDENCE.
short chinking and points outside and inside with lime mortar, with two twelve- light windows in the large room and one in the small room, the door shutters to be what is commonly called batton doors of walnut plank well seasoned, planed and neatly and strongly made. The door casing and window casing all to be of well seasoned walnut plank and window shutters to each window. And the Superintendent is authorized to supply any deficiency in the plan so as to make the building complete and fit for use, and make any alteration which may tend to lessen the expense of the county. This court also orders that the sum of one hundred and seventy-five dollars be appropriated to pay for the said building out of any money in the treasury from the sale of lots in the town of Independence." :
The following report bearing date of February 4, 1828 explains the adver- tising, proposals and letting of the contract for building the first court house. It is interesting.
The superintendent of public buildings made the following report which was read and ordered to be entered on record :
To the Honorable, the Justices of the County Court of Jackson County :
The superintendent of public buildings for the County of Jackson reports that in pursuance of an order of said Court to him directed at a special term of said Court, on the 3d of September, 1827. Advertisements were published for receiving proposals for building a temporary court house in Independence, on the northeast corner of lot No 59. Proposals were received until the 15th day of September last, on which day they were opened. The accompanying docu- ment will show what the proposals were, and whose proposal was accepted. The work has progressed with as much expedition as the season would admit, and the work, as far as has progressed, has been done in a workmanlike manner, and the balance of the work will be completed as soon as the weather will permit. The sum of forty dollars has been drawn and paid to the undertaker. The bond and advertisement are herewith for the inspection of the Court.
Respectfully,
L. W. BOGGS, Superintendent of Public Buildings.
February 4, 1828.
The following are the proposals for building the court house :
James Shephard
$180 00
John Smith
190 00
S. V. Noland
179 00
Archibald McCorkle 170 00
Harmon Gregg
190 00
James Lewis
175 00
Daniel P. Lewis .
150 00
Daniel P. Lewis being the lowest, was awarded the contract.
The present court house is located in the center of a square, occupying one and one-fourth acres, including the public grounds. It is a handsome brick, two stories in height, which was completed in 1872, at a cost of $48,000, and occu- pying the highest point in the town, from which the streets from either side have a gradual descent, and from the cupola of which a grand panorama of natural scenery greets the eye.
JAILS.
The first jail was built in the year 1827, and was constructed of hewn logs of ten to twelve inches in diameter. The building was something over sixteen feet square, and about fifteen feet high, with two rooms or apartments, one above, called the debtors' room, and the lower room, or dungeon, for criminals. The floor was of the same kind of hewn logs, and firmly fastened together. Very little light came through the small grated window to the criminals in the dungeon.
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HISTORY OF INDEPENDENCE
Staples with rings attached were driven into the logs for the purpose of fastening the shackles of desperate men. A stairway on the outside to the upper room was the only way of entering the jail. When within the debtors' apartment, the lower room or dungeon was reached by means of a trap door, through which all the prisoners must come to leave the dungeon. The history of this old jail is very interesting. The prisoners confined there, the escapes of noted desperadoes, the sheriffs and deputies who had them in charge, form an eventful period in the early history of Jackson county.
This old log jail was finally burned by accident. A family who lived near had been accustomed to deposit ashes and embers by the side of the building, and by this means the fire was started. The second jail was built in 1841, of brick, and now stands, used for the calaboose of the city of Independence. It is about 45 feet long and 18 feet wide, with a height of 30 feet. There are four rooms, two above and two below, with a hall and stairway between the north and south rooms. The two rooms on the north end of the building, both above and below, were lined with heavy square timbers, driven full of twenty-penny nails. Not a square inch of surface, either in the walls or floor of those rooms, is with- out one of these large nails, being driven firmly into the square-faced logs. The two rooms on the south of the hall-way were less firmly constructed, the upper rooms being for women. Connecting the upper and lower rooms on the north end is a heavy trap door, which would require considerable strength, even when unbolted, to lift it.
At one time a prisoner cut through those heavy timbers filled with nails, and the brick on the outside in the east wall, and made his escape, and the place was afterward covered by a large plate of iron. Only a few years ago, a negro, who had been confined for some small offense, with his pocket knife, cut a large hole in the door, and removed the lock, making his escape in the day time.
In the upper south room are several relics of implements to confine prison- ers : among them, five large six inch iron balls, with chain and shackle attached.
Mrs. Atwell now lives in the south room below, and has charge of the whole building.
After the completion of the third jail, the second was sold to a negro trader, who carried on the slave trade there for a considerable time.
A runaway negro was placed in the old log jail for safe keeping one night, and his master, who resided in Lafayette county, came on to claim his property. The owner identified the fugitive, left him in the care of the jailor, and retired to the hotel for the night. On the morrow he ordered the stage driven around to the jail, to get the negro, but on entering, they were surprised to find him stone dead, and hanging by his neck so low that his knees touched the floor. He had managed to find a piece of rope, with which he committed the rash act.
The present jail was built in the year 1859. The residence for the jailor is a comfortable brick structure in front of the jail proper, and is two stories high, with sufficient room for a family. This is immediately south of the calaboose, and the calaboose stands on the site of the old wooden jail. The present jail is a safe structure about 30 feet square and 25 feet high. The walls are of large stone blocks two feet in thickness, quarried from a piece of land near Rock Creek. It contains two apartments-one above and one below-with six cells in each apart- ment. One of these cells below is used as the " dungeon," to confine obdurate prisoners. There is a high board fence inclosing the jail yard and jail property. Under the care of Marshal H. Holland, the prisoners are well cared for, and the jail is well and comfortably kept. The jail is well lighted and warmed.
Since December 4. 1876, there have been confined 409 prisoners, eleven of whom have been confined since the present marshal came in charge. Mr. M. M. Langhorne took charge of the jail December 4, 1876, and continued till Novem- ber 28, 1880, when Mr. H. Holland succeeded to the charge.
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HISTORY OF INDEPENDENCE.
During the history of these jails, there have been several noted prisoners con- fined and several daring escapes, some of which we shall chronicle.
Two murderers escaped at the same time, digging through the floor, then tunneling for some distance in the ground. Their names were Henry Gaster and Alpha P. Buckley. Gaster had murdered Williamson Hawkins, who lived about six miles southeast of Independence. Gaster was hired to commit the awful deed by the wife of Hawkins, for the sum of $150. Gaster and Hawkins' wife ar- ranged the plot, and one evening, while sitting before the fire, Hawkins was shot through the heart from a crack in the wall, by the side of the chimney. The woman was arrested, tried, convicted, and sentenced to the penitentiary, but was pardoned before she reached there.
Buckley killed William Yocum in the old store room, on the south side of the square, owned by Moses Wilson. An altercation, urged on by whisky, took place, in which Buckley used a large stone and completely crushed the skull of his victim. After the escape of Gaster and Buckley, Gaster was recaptured in the southwestern part of this State, and returned to the jail here, but Buckley was never after heard from.
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