Daviess County, Missouri - Harrison Township, 1882

Harrison Township

Who They Were and Where They Came Fran~The Size - ltems of Interest- - Where They Lraded - Pragressing - Buptist Claveh - -Ofticial Revord--Schools - Crime - Laelewood Murder Trial - Bioqraphical Sketches. WHO THEY WERE ANID W HERE THEY (AME FROM.

What is now Harrison township was one of' the first settled portions of Daviess county, the first settler finding his home on Lick Fork in the year 1831. Eli Wilson and Benedict Weldon were the tirst two settlers, Wilson staked his claim on seetion twenty-eight, while Weldon drove his stake on section twenty-one; both eame trou Tennessee. Nicholas Trosper came from Kentueky and located on seetion twenty-six, near the banks of the Grand River. Elijah Trosperalse came trom Kentucky, and made his home on section thirty-four. Thomas Reed vatne trom the same State and Joeated on the same section, Manuel Martin also came trom the "dark and bloody ground" and erected his cabin on section twenty-two, while Obadiah Ramsbottom came trom " Merry England" and became an American citizen by making his home on section twenty. These were among the earliest settlers. There were many more who followed Weldon and Wilson closely, and all,as well as many others, found good homes before the organization of

The Size

In 1859 Harrison township tovk in one-third of Monroe, and was, in size, a fair township, but when, in 1870, it was decided to make the municipal and congressional townships the same size, Harrison's present boundaries were defined, Monroe township having been taken from Harrison and Gallatin. The game qualities of the inhabitants of that triangle only saved them from being a part of Monroe, the County Court being inclined to give that township the river as its boundary line, like Jackson, with a similarity of shape. Harrison represents the Bantam chicken, in the group of townships being the smallest. It has the Bantam's pluck, and is ready to battle with any foe, from the County Court, down, if its dignity is assailed, or its rights threatened. As far as the Grand River will permit, Harrison township is in the southeast corner of the county, watered by that stream on its eastern and northwestern borders. Lick Fork, Big Creek, and other branches and springs make the township a well watered one, and very valuable as well as convenient in a dry season. Osborn Lake, which is about a half mile long and one-fourth of a mile wide, is found on section eight, and has the honor of being the only Jake in the county. It is not, however, on that account, 4 great natural curiosity. The township is mostly composed of timbered land, and there is some rough country, but take it altogether, it can beast of as rich soil and as much good land, according to its size as any township in the county. Not only is the soil very rich and productive, but its bottom lands are literally inexhaustible, and there is no better corn and wheat land in the county than in this township.

Harrison township is bounded on the east by Grand River, on the south by Caldwell county, and on the west by Monroe township. It has thirteen thousand seven hundred and two and twenty-five one-hundredths acres of land, and its assessed valuation in 1877, was: -

Items Of Interest

The first marriage which is remembered was that of William P. Dunnington to Miss Elizabeth Osborn, which took place in the fall of 1840. The young couple were provided with a regular pioneer outfit, consisting of a bake-pan, a pot, a big fire-place in a brand new log cabin, and a few other necessary luxuries for the fair young bride, while Mr. Dunnington boasted of a six pound ax, and a rifle which marked death at 300 yards. The fature of this young couple, owing to their splendid start in life, was considered extremely promising.

The first child born was Martin Weldon, son of Benedict and Charity Weldon, in 1839; and Elijah P. Reed, son of Thomas W. and Burilla J. Reed, born in May, 1844. There were others, and perhaps still earlier than those mentioned above, but the memory of the old pioneer is sometimes treacherous, and often an entire failure. Miss Mary Wilson was the first girl and probably the first child born in Harrison township.. She was the daughter of Eli and Susan Wilson, who, with Benedict Weldon gave to the township its first white settlers.

The Trospers, who came early, and you might say, often and staid late, for they were a large family, and to this day are some of the most prominent citizens of the township, had the first death in their family. All that was mortal of Johnson Trosper was laid away in what is known as the Trosper graveyard in the year 1839,

Dr. William Allen came from Carroll county, and was the first practising physician in the township. He remained a number of years and then remaved to Oregon. The first religious services held were at the cabins of the old pioneers, and the preaching was done by the circuit riders. Rev, James McMahan preached at the cabin of Elijah Foley, the Weldons, and other early settlers, but there were no church edifices erected for several years. Both the Methodists and Baptists held services in those early days, and, until that neverfailing temple of education was reared, the log school-louse, the cabins of the old pioneers did duty as mecting-houses, as occasion required, and the preacher was ever a welcome guest.

The first school was taught in the year 1836 in an old log cabin. There were but few to attend, and the name of the teacher is not remembered. William P. Dunnington taught in 1838 and 1839 in an old log house, and had about fitteen scholars. It was a subseription school, a term of three months, and the pay one dollar per month per scholar. His school was on section thirty, not far from the present site of the Baptist Chuareh.

One of the first school-honses built was on section thirty-four, on land owned by Manuel Martin, and cost about $20, the neighbors in the immediate vicinity paying tor its erection.

Where They Traded

Of course these old pioneers suffered all the hardships, inconveniences and troubles incident to a pioneer lite, and if the meal bag ran low there was a handsome prospect for a tifty or sixty mile trip to replenish it. A few, here and there, had hand-mills, some had secured a mortar by burning a hole ina log, and, in fact, this last was a sort of household necessity in those early days and every cabin had one lying around loose for cases of emergency. The old man might go to mill and, by some mishap, be delayed and the meal would give out. It was then the small boy of the tamily eame into use and, tor the time being out of mischief. But the "small boy" of that period was not behind the youths of the present day in discovering signs of corn-pounding or churning in the near future, and about the time his services were wanted it was often found that he and a favorite rifle were both missing, but he never, never would have went hunting if he knew mother wanted him, of course not, and he would Jay down his game. Mother wasn't much tvoled by the young chap's earnestness. She didn't talk much, but mentally vowed to watch the youngster's movements a little closer when she was ready for his services next time. The old man being gone the rising youth knew his mother and felt safe. Not only was a little meal seenred on those trips, but other necessities of the family. A little tea, coffee, a calico dress, a log chain, an iron wedge or two - all these things were gathered on these trips - and perhaps a jug of good whisky. These things were paid for in the currency of the times, aud coon and deerskins, yenison hams, honey, ete., would balanee accounts with the merchants for purchases made. And these trips, which took from five to eight days to make, were generally important events of the vear, and the return of the old man was looked for with interest, and, when delay happened, with impatience, for the news from the outside world was gathered by him to regale his household on his return.

Such were the scenes and incidents of the pioneer's life. The township grew and prospered by the earnest work of willing hands, and ere long schools sprang up, houses of worship were erected, rude and primitive in their construction they might be, but the worshipers were none the less sincere and earnest in the good work. The inevitable * four-corners" sprang into existence where would be loeated a store and a blacksmith shop, and there every Saturday would be congregated the neighbors for miles around, one or all wanted some store goods, one a horse shod, another a plow fixed, or a wagon mended, and so on. Then a horse-mill was started, and soon the pioneer was surrounded with all the evidences of civilization, and the "old hunters would begin to talk abont going west, people were getting too thick in the neighborhood,

Harrison township, like other portions of the county, had its share ot the new population who made Daviess county their home, and its progress, while slow, was steady. In 1860, when its metes and bounds took in about one-third of Monroe township, the population was six hundred and twenty, of which fifty-four were colored. In 1870 the population had increased to eight hundred and thirty-one, of which twenty-seven were colored, and even of the white population twenty-eight were foreigners. Since then, Harrison township, having lost at least one-third of her territory by the organization of Monroe, has not fallen bebind her sisters either in wealth or "population, according to size, The census of 1880 gives the township a population of seven hundred and six, which shows it more densely settled than any township in the county, Union and Benton alone excepted. While the statisties of her wealth cannot be given, it is not to be supposed she is behind her sisters in that regard.

Baptist Churoh

The Lick Fork Baptist Church was organized July 18, 1869, with nine members, their names being: David Giltner, James Hasinw: Wilson Paff, E. Jackson, Mary T. Musiow: Tabitha Cox, Mary A. Foley, Mary Paff and Huldah J. Harlow. The church has been an exceedingly flourishing one, and soon gained in membership and influence. Its good work is amply evidenced in the preseut prosperons condition. A church was built in 1871, at a eost of $1,500, and completed in time for oceupancy in December of the same year.

became its pastor in 1870, and continned in charge until 1876. Te was sueceeded by Elder G. Phister from 1876 to 1878, he being followed by Elder J. Iarmon, who continued until January, 1881. Elder G. A. Crouch was again called in January last, and is the present incumbent. The ehureh clerk is F. Arbenz, and the number of its membership at this time is one hundred and tive. The chureh lias every promise of along and useful career,

Official Record

The township organization law which passed the General Assembly of the State of Missouri in the session of 1871-1872 was adopted by Daviess county, and the first election under its provisions took place in April, 1872. The election resulted in favor of the following named township officers: Walker Reed, supervisor; Stephen Ballinger, clerk; E. E. Weldon, assessor; 0. Ramsbottom, collector; Mat. Goings, constable; Joseph Stephens, 8. J. Bennett, justices ot the peace.

18S77 - W. P. Dunnington, trustee; R. F. Bennett, clerk; Martin Weldon, assessor; James Snider, collector; C. L. Maddux, constable; i. E. Weldon and 8. J. Bennett, justices.

The law having been repealed for the election of township officers in the winter of 1877-78, constables and justices were alone left, but at the last session of the General Assembly the law in its most important features was reénacted, and the first election under it took place on the first Tuesday in April, 1881, when the following township oflicers were elected: Fillmore Reed, trustee and treasurer; R. F'. Bennett, clerk and assessor; James M. Reed, collector; W. H. Treon, constable; Cleveland MeCrary and Spencer H. Tugegle, justices.

The first meeting of the board of trustees of Harrison township under the organization law of 1872, was at what ig known as the Reed school-house, situated on section thirty-four, being on the northwest quarter of said seetion.

The present number of schools in Harrison township is four and they are: all well attended. It is probable that the first school-house was built in this. section by Isaac Groves. The school-houses are all frame buildings and are provided with all the necessary furniture, as well as articles needed for educational purposes.

Crime

" There has been within the limits of Daviess county several murders committed, cold-blooded in many eases, and others caused by strife, but the one that is here recorded, while not premeditated except in self-defense, was, however, one of the most unfortunate in the annals of crime in Daviess county and, for a while, caused intense excitement.

Packwood Murder Trial

The above murder ease came up before the Supreme Court and was decided in favor of the prisoner, at the January term, 1858, of said court, in Jefferson City. The Supreme Court held, " that the testimony adduced did not warrant the verdict of guilty of murder in the first degree; that the court, below, erred in giving the above instruction, inasmuch as there was no evidence to support it.' The trial took place in Caldwell county in April, 1857, having been taken by a change of venue, from Daviess county. The defendant, Larkin Packwood, was indicted by the grand jury of Daviess county for the murder of John T. Dougherty, in Harrison township in. said county. A condensed report of the case is here given: -

"The defendant, Larkin Packwood, was indicted for the murder of John T. Dougherty. The case was removed by change of venue from the Cirenit Court of Daviess county to the Cireuit Court of Caldwell county. At the trial the following testimony was introduced in behalf of the prosecntion: :

"Tlenson Bennett, a witness on the part of the State, states, he knew the defendant and John T. Dongherty, the deceased; in December last, about the middle of the month, heard defendant say that Talbot and Dougherty were stealing grain and onght not to live; afterwards heard defendant say that they stole his hogs and corn, and ought not to live; that he intended the first opportunity to provoke them to a difficulty, so that he could have the law in his favor; soon kill them as a pareel of dogs - alluding to Judge Talbot, Jim Talbot and John T. Dougherty; saying at the same time he had what to do it with; the first of the above conversations happened along the road:

" Cross-examined. Witness said he was at Talbot's mill on the day of the difficulty ; saw David Enyart there; had some conversation with him: asked Enyart whether there was an y mob up; he, witness, concluded esta circumstances that defendant ought to be mobbed and hung; it was his own notion; heard nobody else say so; then adinitted he did: did not ask Mr. Enyart or anybody else to join the mob; but told Enyart that Packwood ought to be compelled to leave the neighborhood; stayed at Talbot's three days atter Dougherty was killed; ifa mob had existed, the intention to mob the defendant had been abandoned before he was arrested: at the time he met Packwood, between McHenry's and Blakely's he was riding a bay nag.

"Luther Farrington, another witness on part of the State says: Had a conversation with the defendant some two weeks befure Dougherty was killed; defendant said he would have satisfaction by fair or by foul means.

" Cross-evramined. Said: Don't know what the defendant was talking about when he made the above remarks, but understood him to be complaining of the treatment he had received at Dougherty and Talbot's mill in relation to corn and sacks whieh he said he had lost at the mill.

"Jacob Snyder, on the part of the State, said he was a little acquainted with the defendant; knew him for about five years; was present at the dif. ficulty in which Dougherty was killed; it happened in March last, about the 9th of the month, at or near Talbot's mill, in Daviess county, Missouri; he, witness, lives at the mill; is hired to Talbot and Dougherty; lives in one of their houses, but pays no rent; has a family who reside with him in said house; the house is under their control; defendant came to his house that morning; defendant was in the house when Dougherty came to it; Dougherty went into the house where defendant was; saw defendant come out of the house, and as he came ont Dougherty commenced striking him with a stick or club; defendant commenced running, and Dougherty pursued him, hitting him with a club us he ran; after running some distance, about fifty yards, defendant turned around and struck Dongherty with his knife; Dougherty died of the wound in about one hour; when defendant came out of the house Dougherty commenced striking him; the stick with which he struck was about one inch in diameter and three teet long; at the time of the difficulty witness was standing between house and mill; the house and mill are about one hundred yards apart; defendant had got to or near the timber or bush when he turned round and struck deceased; Judge Talbot was there; Richard Hale and Arnold were there also about the mill; witness heard Dougherty warn defendant not to come upon the premises.

"& Cross-exrm ined. Witness said: John T. Dougherty, the deceased, lived about one and a half miles from the mill, and Talbot about the same distance; Dougherty and Talbot and witness were at the mill when they heard defendant was at the house where witness lives; Judge Talbot went with Dougherty trom the mill to the house where defendant was; Dougherty took a stick and Talbot had a double-barreled shot gun; witness preceded Dougherty, at the request of Dougherty, and called his wife to the door and told her to come out, as Dongherty was going to make defendant leave; this instruction and information was not heard by defendant, who was inside of the house; witness did not know what was going to be done; Judge Talbot accompanied Dougherty from the mill to the house, and Jim Talbot was some little distance from the house; Dongherty struck defendant as he ran a good many times, defendant running all the time, and halloed as he was stabbed, 'Oh! Lord, or something of that sort; after defendant struck Dougherty with the knife, he kept on running, and did not repeat or offer to repeat the stroke; when Dougherty was struck with the knife, he stopped the pursuit and threw his club after defendant; soon after that time heard the crack of two or three guns, fired, as he supposes, at defendant; saw Jim Talbott with the gun about that time; there had prior to this time been acts of neighborhood kindness between defendant and witness and their families; on that morning defendant came to his house to return some coftee bis wife had borrowed of witness's wife; don't know anything about the mob; heard some talk of it; did not intend to join it, but was solicited to do so; detendant lives about one mile from the mill; shortly before that, Talbot and Dougherty got two lin. logs from defeadant, and Talbot, as witness understood, also sent to defendant and got a load of straw to put up ice in; this was some time in February.

* Levi Murray, a witness on the part of the State, said that about the first of Febrnary, in a conversation with defendant about the difficulty with Nath. Snyder about the notice set up un a tree in reference to said Snyder, defendant remarked that he had met Nath. Snyder at the mill to clear up. that matter about the notice, and that they had threatened to take his blood, but if they didn't mind he would get theirs first. He also said be had met Dougherty in Gallatin afterwards and invited him to step up at Wirt's store and he couid clear np that report about the notice about Snyder, but that Dougherty turned off and refused to go and hear an explanation. On Monday night atter Dougherty was killed, heard defendant say at his house that he had gone to Snyder's to carry some cottee home his wife had borrowed of Mrs. Snyder, and when he was there Dougherty came in and ordered him out; that he started out; that as he went ont it was his intention to eut his heart out of him before he got off the door sill, but seeing Talbot and others there he was afraid if he did the Talbots would instantly kill him, and he concluded to toll him off and then kill him and make his eseape. Defendant askel witness if he was not surprised when he heard of his killing Dougherty; witness told him that he was; and defendant told witness that he was not surprised; that he had not done anything more than he had intended to da for some thine Defendant alsin said le thanked God he had got home with some of Donugherty's blood and tat and desh upon his knife, and pointed to the knife hanging upon the wall.

© Cross-evramined. Witness suid that detendant alse said that he saw from the way Dougherty came at him, ad his continued indietion of blows with the club, he would have to kill him or be killed: be showed some wounds, and back and shoulders broised up smartiv, He was a friend to defendant, and went there as his friend te help him: it wasa friendly feeling he had for defendant that took him to the house of defendant: in. the morning went back to Talbot's and ate breakfast there; went to town after socks for deceased; got back trom town after night, and went to defendant's in company with W. FE. Hale; defendant asked him to come back on Monday night. Dr. Dewey asked me to stay and wait on defendant and lay him out if he died; was at Talbot's on Monday; good many people there on Wednesday night; Wednesday night went back to detendant's at his request, and on that account; found the doors barred up and got in at the window; went back home for his gun to defend himself from defendant; they (the defendant's family) said they had heard a mob waz coming that night to hang the detendant; witness had also heard this at the mill; was asked to join the mob; thought it was right to hang him; did not solicit anybody to join the mob; saw Mr. Payne at the mill; Payne said if it had been in Clay or Platte detendant would have been hung that day; that he ought to be hang right off; Morrow was by and heard what was said; he did not know, for certain, that the mob would come that night, but rather expected it; it was his intention to see that nobody got hurt except the defendant; went back after his gun to defend himself from defendant; was one of the mob; consulted with them about it, and talked to them about the danger of going to defendant's; when he went after his gun he went by Talbot's. and saw there the Donghertys, brothers of deceased, and a stranger, and told them that the Packwoods had the doors barred up, and that the family were armed with corn knives, seythe blades, axes and guns, aul that if would be dangeruns to go there or attack them, It was his purpose to disarn the family, if he could, in case the mob came.

" Testimony introduced in behalf of the defenlant, Andrew Arnold, for detendant, said: That he was at the mill on the day of the difficulty; heard Dougherty and Talbot talking about defendant being at the mill; Dougherty said he meant to make him leave. and he had charged him time and again not to ome there; Dougherty took a stick, and Dougherty and Talbot went to the house where defendant was; saw Dongherty striking detendant with a stick, and defendant running from him; after the fight was over, as [ was going to town atter the doctor, overtook and passed Jim Talbot, on horseback, in pursuit of defendant, up at the lake; defendant was dodging behind a tree, and Jim Talbot near by with his gun, and being after a doetor, rode on, and as | went, heard a gun fire.

"Dr. Dewey, a witness for defendant, said: That he saw the defendant on the evening he was wounded (the day Dougherty was killed); found defendant bleeding freely; breathed hard and spitting blood; examined his wounds; found his back and shoulders badly bruised by severe blows; counted eleven severe bruises on back and shoulders, as if done with a club or stick; from shoulders to point of his ribs all bruised up; spit up, in a short time while I was there a pint or more of blood; at tirst thought he would die; did not invite or desire Murray to stay there that night or wait upon him or lay him ont; defendant was also wounded with a gun-shot in the side. It was about six inches from where it went in to where it came ont; itdid not enter the hollow or cavity.

"The court gave the following instruction to the jury (third instruction): 'That if the jury believe from the evidence that the defendant went to the house and mill of deceased and one T. 8. Talbot with the intention of provoking a difficulty with the deceased in order that he might take the life of defendant, John T. Dougherty, and that he did provoke a difficulty with the deceased pursuant to such intention, which resulted in the death of Dougherty, they will find him guilty althongh they should believe that the deceased, Dougherty, committed the first assault.' "

There being no such evidence in the case, nor anything that looked to such action on the part of the defendant, the Supreme Court took a different view of the matter from that of the Cireuit Court, and below is given the decision of Judge Napton, who delivered the opinion of the court. While it seemed perfectly clear that Packwood was a man of but little character or reputation and Dougherty a valued citizen, it was clear that the latter had committed the assault and was the first aggressor. Packwood may not have been worthy the notice of his victim, but Dougherty had allowed his temper to get the better of his judgment, and unfortunately lost his life.

"Tt is not the province of this court to weigh evidence, nor has it been the practice to interfere with that discretion which has been entrusted to circuit judges over the verdiets of juries. I am not aware, however, that the court has in any ease entirely repudiated all power over the subject, although I believe the tendency of recent decisions has been in that direction. Without undertaking to detine the precise limits within whieh this power may be exercised, we are constrained to say that the verdiet in this case is unsupported by the evidence, and cannot be allowed to stand.

"The facts were, that the deceased went to the house of one of his tenants, ete. (here the judge reviewed the testimony in the case). The third instruetion was not warranted by any testimony in the case, and should not have been given. We have been unable, after a very careful examination of the bill of exceptions, to discover any evidence whatever that the prisoner went to the house of the deceased's tenant with the intention of provoking a diffienlty; much less that he did provoke a difficulty after he got there. On the contrary, the witnesses for the State are positive and clear and uncontradicted that the prisoner neither used any language nor did any act, or in any way whatever, actively or passively, so conducted himself as 'to provoke a difficulty.

"In a case of this importance, where human lite is at stake, we feel it to be an imperative duty to interfere, a bare perusal of the evidence will make it apparent that the State did not make ont the erime of which the prisoner was charged and convieted, and that in truth no testimony was given whieh could reasonably lead to such conviction. We shall therefore reverse the judgment and order a new trial. Judge Richardson concurring; Judge Scott dissenting." :

Packwood was discharged and moved to Ray county where he was still living a short time since. Thus ended this exciting trial, which, from the high standing of the victim aud the want of character in the man who struck the fatal blow, caused intense excitement. It is clear that to the evidence of Murray, for the State, was due in a large part, the release of the prisoner, His cold blooded evidence to carry ont the mob law and going to the house of Packwood as a friend, was too much for the Supreme Court.