Greene County, Missouri - Chapter 2: From the 0r(>anizati0n of the County to 1840, 1883

Chapter 2: From the 0r(>anizati0n of the County to 1840

Organization - The Organizing Act - Sketch of Gen. Nathaniel Greene - First Sub-Division of the County - First Session of the County Court - Organization of the Townships - Miscellaneous Matters - August Election, 1833 - First Circuit Court - First Criminal Cases - Murder of Sigler by Ferguson - The Free Negro Cases - The "Star Shower" of 1833 - Miscellaneous Preceedings of the County Court. 18.34 - Miscellaneous - August Election, 1834 - Springfield Matters - Doake's Case - Transactions of the County Court. 1835 - The Cholera Season - Survey of Springfield - August Election - Opening of the U. S. Land Office. 1836 - Miscellaneous Historical Items - The August Election - County Seat Proceedings - First Presidential Election - Killing of John Roberts by .Judge Yancey - The Osage War. 1837 - Miscellaneous History - " Blessed Are the Peacemakers" - More Indian Disturbances - The "Sarcoxie War" - "Gen. Smith, from Springfield" - Miscellany. 1838. - Items - Incorporation of Springfield - Benton and Ozark Townships - Springfield in 1838 - Killing oi J. Renno by Randolph Britt. 1839 - Miscellaneous Events and Incidents.

Organization

Upon the admission of Missouri into the Union, the territory now comprising Greene county, - at least by far the greater portion, the possible exception being a strip along the northern part, - was in what was known as Wayne county, one of the original counties of Missouri Territory, organized in 1818. January 23, 1829, Crawford county was formed out of Wayne, and the present limits of Greene were embraced therein. Four years later, or January 2, 1833, Greene county was created by a special act of the legislature. Its limits extended to the western and southern l)oundries of the State, to the Gasconade river on the cast, and to the Osage fork on the north.

1. All that part of the territory lying south of the township line between townships thirty-four and thirty-five, extending in a direct line due west from the point where the said township line crosses the main Niangua river, to the western boundary of the State, and south and west of the county of Crawford, which is not included in the limits of any other county, and which was attached to the said county of Crawford, by joint resolutions of the General Assembly of the State of Missouri, approved on the eighteenth da}^ of January, eighteen hundred and thirty-one, be and the same is hereby organized into a separate and distinct county, to be called and known by the name of Greene county, in honor of Nathaniel Greene, of the Eevolution.

2. The qualified voters residing within the limit of the said county shall meet at the place at present appointed by law for holding elections, on the first Monday of February next, for the purpose of choosing three fit and proper persons to compose the county court of said county, and one fit and proper person to act as sheriff; and the persons so elected shall be commissioned by the Governor, and shall hold their offices until the next general election for those officers, and until their successors are duly appointed and qualified.

3. The county court, when organized as aforesaid, shall have power to designate the place of holding the county and circuit courts within and for said county of Greene, until otherwise provided by law.

5. The election proposed to be holden under the provisions of the second section of this act, shall be governed and conducted in all respects by the laws relating to general elections, except that returns thereof, instead of being made to the clerk of the county court, shall be made directly to the Governor, who shall issue commissions accordingly. -

The territory originally embraced within the county of Greene, b}'^ the foregoing act, comprised what is now all of the counties of Mc- Donald, Newton, Jasper, Barton, Dade, Lawrence, Barry, Stone, Christian, Greene«and Webster; the greater portions of the counties of Taney, Dallas, Polk and Cedar, and parts of Vernon, Laclede, Wright and Douglass, while a large portion of territory to the north and

Concerning the distinguished patriot, Gen. Nathaniel Greene, in honor of whom the county was named. Col. S. H. Boyd, in his " Historical Essay," says : " The spot where he is buried is unknown. No imposing shaft stands out in bold relief to catch the patriot's eye, and invite him to prayer, or to drop a tear over a nation's hero. No tablet, rich in design and elaborate in finish, spreads itself out to commemorate the heroism and fame of departed greatness. Not even a rude headboard marks the spot where Gen. Nathaniel Greene rests. But Missouri remembered him, and raised to him a monument and immortalized him by giving his name to the fairest, freest garden ol her dominions. Southwest Missouri." In the acts of the legislature, and in the early records, the name Greene is written and appears without the final e, - evidently an error in orthography, as the autograi)h of the old hero and all histories of the Revolution attest.

The first subdivision of the county after its organization seems to have been when Rives (now Henry) county was organized, December 13, 1834, and the next was upon the creation of Barry, January 5, 1835. It now became necessary to readjust the boundaries of Greene county, and this was done by an act of the legislature, approved March 20, 1835, wherein they were declared to be established as follows : -

Greene. - Beginning where the line dividing townships 26 and 27 crosses the line dividing ranges 17 and 18 ; thence west with said township line to its intersection with the eastern boundary of Barry county; thence along said line to the southeast corner thereof ; thence south to the beginning.

Perhaps the most important event in the history of the county during the first year of its existence as a county, was the first session of the county court, held March 11-14, 1833, at the house of John 'P. Campbell, which stood on the present site of the town of Springfield. Previously, on the 14th of February, Jeremiah N. Sloan, James Dollison, and Samuel Martin, having been elected at an election held on the first Monday in February, pursuant to a provision of the organization act, had been commissioned justices of the county court by His Excellency Governor Daniel Dunklin (John C. Edwards, Secretary of State ) . February 23, John P. Campbell was appointed county clerk.

The county judges took the oath of office before Esq. A. J. Burnett, an acting justice of the peace in and for the county. John D. Shannon had been elected and commissioned sheriff".

The proceedings of the first county court may thus be summarized : Samuel Martin was appointed presiding justice for six months. Letters of administration were granted Joseph Weaver and John A. Langles on the estate of John Marshall, the wealthy old Indian trader, well known throughout Southwest Missouri in early days, and who had died some time previously. Spring River, Jackson, and Osage townships were organized, and justices of the peace appointed. The road then leading from Springfield, via Delaware Town (a large encampment of the Delaware Indians) to Fayetteville, Arkansas Territory, was declared to be a public road. Commissioners were appointed to " view, lay out, and mark a public road from Springfield westwardly until it strikes the main fork of the Six Bulls, at or near Samuel Bogart's, thence in the direction of Fayetteville, Arkansas." Commissioners were also appointed to lay out a road from Bledsoe's ferry, on the Pomme de Terre river, to an indefinite point on the Twenty-five Mile prairie. Absalom Bledsoe was granted a license (for $2) to keep a ferry across the Osage river and charge for every foot passenger I2V2 cents; for every two-horse team $1.25, etc. These proceedings were had the first day.

On the second day (March 12) a public road was ordered viewed and marked out from Springfield to the Twenty-five Mile prairie, in the direction of Boonville. Another road was ordered reviewed from Springfield to Swan creek. James Caulfield was appointed administrator of the estate of John Fitch, deceased. A settler named Brantlet had died a short time previously, leaving his family in destitute circumstances, and his three children, John, Finny, and Judy, were " bound out " to Kindred Rose, Larkin Payne, and Joseph Price ; the two boys to serve until they were twenty-one years of age, and the girl, Judy, until she was eighteen. Richard C. Martin was appointed county assessor ; A. C. Burnett was made collector, but declined, and later Larkin Payne was appointed ; Junius T. Campbell, treasurer ; Samuel Scroggins, surveyor. Of these officials Mr. Burnett died in Jacksonville, Oregon, in April, 1877, aged 89 years.

The third day justices of the peace and judges of election were appointed for the several townships, and elections were ordered for constables. Oliver township was organized on this day. A. J, Burnett

WHS appointed to lay out road districts and apportion hands to work on the roads in Campbell township. The roads at that day were not such splendid thoroughfares as are now to be seen. For the most part they were openings or traces," along which a carriage, or even a wagon, could proceed only with difficulty. Happily, however, there were not many carriages or wagons then, and no very great inconvenience was experienced on that account. The " main " roads were in tolerable condition, and, save that there were no l)ridges, and quite frequently no ferries, across the streams, Avere fairly traversable. The road to Fayetteville and that to Boonville were all that ought to have been expected.

After a four days' session the court adjourned until June 10, the judijes each receiving $1.75 per day and the sheriff $1.50 for their services.

Upon the first day of the session, the county court, as before stated, proceeded to lay ofi'the county into municipal townships, and establish the metes and bounds thereof. This was a work of no small magnitude. The county comprised such a vast extent of territory, with which the judges could not be expected to be thoroughly familiar, that it was extremely difficult to divide it into equitable portions suitable for all civil purposes. Besides, the court could not with certainty fix the boundaries of each township, perhaps because no map of the county had been furnished, and in one or two instances the township boundaries Avere extended beyond the limits of the county. The townships were laid ofi' very irregularly as to area and conformation. The boundary lines did not follow those of the government surveys, but ran along " dividing ridges," and were sometimes very indefinite, uncertain, and even speculative. It was not strange, therefore, that the township boundaries were changed soon after their establishment and from time to time. With these various changes it would be difiicult to keep up, and besides the result would be uninteresting and unprofitable. The following were the first boundaries of the first townships of Greene county, as established by the county court, March 11 and 12, 1833: -

Spring River Toivnship. - All that portion of territory lying and being in Green [e] county, and included in the following boundaries: beginning on the west boundary line of the State of Missouri, west of Vivion's creek ; thence east on the dividing ridge between the waters of Vivion's creek and Oliver's creek, so as to include the settlements on Vivion's creek ; thence north on the dividing ridge between the waters of the Osage and Grand river ; thence west on the same dividing ridge, to the bonndary line of the State of Missouri ; thence south to tlie beginning. Elections were to be held at Samuel Bogart's, wherever that was.

Jackson Township. - Beginning at the north boundary line of Greene county, as now established, running with the dividing ridge between the north fork of Sac^ river and the Pomme de Terre river, without limit, or so far as to include the convenient settlers ; the south boundary running so as to include all the settlements on both sides of Sac River. Elections to be held at Ezekiel M. Carapbell's.

Osage Township. - Beginning at the mouth of the Little Niangua river, running so as to include the place where Wm. Montgomery now lives ; thence to the mouth of the Littl-e Pomme de Terre ; thence west to Sac river, and down Sac river to the Osage river ; thence down the Osage to the beginning. Elections to be held at Wm. Brinegar's ferry, on the Pomme de Terre. ^

Mooney Township. - Beginning at the Pomme de Terre river, where the Niangua trace crosses ; thence taking the waters of the Pomme de Terre to the mouth of the Little Pomme de Terre ; thence up the Little Pomme de Terre to the dividing ridge between it and Sac river ; thence along the Jackson township line to Sac river ; thence taking the waters of Sac river up to include John Ross ; thence up the Dry fork of Sac river to the beginning. Elections to be held at John Mooney's. Judges of election, James Smithson, Aaron Rugle, and John West.

Campbell Township. - Beginning at the mouth of Finley, running thence, to include the settlers on Finley, to the eastern boundary of Greene county ; thence with said line to the Niangua river ; thence with said river to the Niangua trace ; thence with said trace to the Mooney township line ; thence with said line to John Ross', on Sac river ; thence to the Widow Leeper's ; thence to the Parr Springs ; thence to the point where the road leading [to] Washington Clay's crosses said creek ; thence in a direct line to the mouth of Finley to the beginning.

White River Township. - Beginning at the mouth of Finley, on James' fork of White River; thence down said James' fork, so as to include all the settlers on both sides thereof, to the mouth of said James' fork ; thence due south to the State line ; thence east with said line to the county line ; thence with said line to Campbell Township ; thence with said line to the beginning. Elections to be held at

Oliver Toionship. - All that [jortion of territory lying and heing south of Spring river and west of White River township, and not included in any other township.

Beginning on the south boundary of Missouri, where Brown's lane crosses the Missouri line ; thence north with Brown's lane to the dividing ridge between the waters of Friend's river and Col. Oliver's fork; thence east to the Elkhorn spring; still east to the "Peddler's cabin," on Flat creek; thence southeast to White river; thence up White river to Roaring river, and to the Missouri line.

At the first term of the county court, justices of the peace were appointed for the different townships of the county, as follows : Jackson, Wm. H. Duncan; Osage, Christopher Elmore and John Riparton ; Campbell, Andrew Taylor, Richard C. Martin, and Larkin Payne ; White River, Samuel Garner ; Oliver, Thos. B. Arnett. No appointments were made for Spring River and Mooney. Upon the creation of Sugar Creek township, Samuel Vaugh was appointed justice of the peace therefor. In the following December, Elk Creek township was organized.

Miscellaneous Matters

The county was now fully and duly organized, and took its station amono- the other counties of the State, then, and destined always to be, the peer of any of them in general worth and importance. True, matters became at times a little disarranged and complications occurred that sometimes were difficult of adjustment. In June, many complaints having been made and other circumstances rendering it necessary, the boundaries of Jackson, Mooney and Campbell townships were extended so as to take in certain settlers who had been set ofi' to other townships and inconvenienced thereby. Treasurer Campbell and Collector Payne resigned their offices June 10. John Fulbright succeeded Campbell, and Sheriff Shannon was appointed collector. Mr. Shannon frequently rode fifty miles to summon a witness and received for his trouble the munificent sum of fifty cents. Perhaps, however, he considered the glory of his office worth the remainder of an equitable sum !

complicated machinery of a county government. June 29, the first warrant on the treasury was issued to Martin B. Brame, for $5. This was to pay for a good stout table on which to write the county records, and a strong box in which to keep them. A few days previously a tax of $15 had been levied on E. W. Wallis (or Wallace), " for the privilege of exercising the business and trade of a grocery in Greene county." B}^ an act of the legislature, a fund arising from the sale of certain lands had been created, and was known as the " three-percent, fund." It was ordered apportioned among the different counties, and to be used in aid of internal improvements. Greene county's share was ordered drawn out of the State treasury, " and loaned out at 10 per cent until some suitable object of internal improvement presents itself." Samuel Scroggins was ordered to receive the money and pay it out upon the yrder of the county court, when sittino- as a board of internal improvements.

Many of the first settlers of the county had brought their slaves with them to the new country, and the number was now considerable; and so, in accordance with law, the county court appointed patrols to look after the bondmen and keep them within proper bounds. Chesley Cannefax, John Sturdivant, John Fulbright, Barton Warren and Andrew Taylor, were appointed the first captains of patrol. The days of patrols have passed long since, never more to return, and the

The first election in the county after its organization, occurred August 5, 1833. It has been found impossible to obtain completer records of this election than the poll books of Campbell township, containinothe vote for Congressman. The township cast 103 votes, of which George Shannon received 96 ; James H. Birch, 3 ; John Bull, 3 ; Georo-e F. Strother, 1. The election resulted in the choice of John Bull, of Howard county, who only served one term. Wm. H. Ashlev was his colleague, at that day the State only having two representatives in the lower house of Congress. Of Mr. Bull's competitors, J. H. Birch was a prominent lawyer ; Gen. Geo. F. Strother was an old pioneer who had been with Lewis and Clark, in 1804, and badly wounded in an encwmter with the Indians ; Mr. Shannon was a prominent citizen, and, it would seem, Greene county's favorite. The judges of election for Campbell township in August, 1833, were

Joseph Rountree, Alex. Younger, and D. B. Miller ; clerks, Thos. F. Wright and J. M. Rountree. The election lasted three days, or from the 5th to the 8th of the month, under a provision of the law in force at that time, designed to allow all the voters " from the back settlements " to attend the polls.

First Circuit Court

Monday, August 12, 1833, the first term of the circuit court for Greene county, convened at Springfield " at the Court House." Hon. Charles H. Allen ("Horse" Allen) was judge; Thomas J. Gevins was circuit attorney ; Charles P. Bullock, a son-in-law of Judge Allen, was clerk ; John D. Shannon was sheriff*. A grand jury was empanelled, consisting of the following gentlemen : -

But little business was transacted at this term except by the grand jury. Thos. J. Gevins and Littleberry Hendrick were admitted to practice as attorneys and " councellors," and there do not seem to have been any other lawyers present. The only case disposed of, and the first heard, was an appeal case from the northern part of the county, which was entitled " Manual Carter vs. Nathan Newsom." Carter, who was a free negro, was the appellant, and on his motion the case was dismissed.

It is a matter of much regret that it must be recorded that the first grand jury of Greene county had its hands full of business, so to speak. At that time, however, it must be borne in mind that the area of the county was very large and that a few turbulent, lawbreaking spirits were to be found among many reputable and peaceable citizens. It may also be supposed, moreover, that the practice of the early pioneers was to *' let no guilty man escape," and hence all ofl*enders against the majesty of the law were duly arraigned - a proceeding unfortunately not in vogue at the present day. The grand jury returned indictments against Joseph Ferguson for murder ; against John Patterson, James Patterson and James Cornelius for murder ; against the following parties for " adultery and fornication ;" Mutthews, or Mathes, " a free man of colour," and Jane Murray, a white woman; Manuel Carter, "a free man of colour," and Miss Ramey, or Rainey, a white woman; Elijah Carter, "a free man of colour," and Miss Ramey ; Edmond J. Carter, "a free man of colour," and Susan Evans, a white woman. "True bills" were also found against the following parties "for gaming:" Samuel Teas and Wm. Fulbright, E. R. Fulbright and Samuel Teas, Wni. Fulbright and L. C. Fulbright, Martin Fulbright and Sam'l Teas, Wm. M. Payne and Robert Paulding, Wm. M. Payne and Jacob Yoacum, E. W. Wallace and Lester T. Gillett, Samuel Teas and Thos. Horn. George Winton was also indicted, but for what offense is not learned. Of the particulars of these cases it may be stated that Joseph Ferguson lived on Bear Creek, in what is now Polk county. He had a difficulty with a neighbor named Sigler, and meeting him afterwards at a gathering of some sort, drew his rifle and shot him dead. Ferguson escaped to Texas and some say was never apprehended. But Mr. John H. Miller says that he heard Littleberry Hendrick, in 1833, at a place Six miles west of Boliver, now Polk county, then Greene, make his first speech in Southwest Missouri "in defense of Joe. Ferguson for killing Jacob Sigler. " Col. Gilmore thus mentions this case in his sketches in the Patriot. He is mistaken, probably, in the statement that Ferguson was wounded in the affray mentioned : -

In 1833 two men named Sill (or Sigler) and Ferguson, had a shooting affair in this county. Sill was killed, and the other was badly wounded. Jno. D. Shannon was then sheriff. He went with a large posse to capture the survivor, and could not find him. But they found two men named Brown and Sanderlin, who frankly acknowledged they knew where the object of their search was concealed, but refused to tell where. The posse, to compel them to disclose all they knew, tied up both Sanderlin and Brown to a black-jack tree, and whipped them very severely, indeed. But this summary " aid of execution" did not avail the officer and his assistants. Brown and Sanderlin kept their secret, in spite of all the torture inflicted ; and afterwards brought suit against those who had so abused them. These suits, however, after pending for a year or two, were compromised and the matter was dropped.

'The scan mag. cases were from north of Warsaw, now in Benton county. The three Carters were brothers, and, as stated, were nil negroes. The women were degraded white females, of whom but little is known. Manuel Carter was long afterward tried, convicted, and fined $50 and sentenced to six months' imprisonment ; Elijah amis convicted, fined $100 and given six months in jail ; Edmund Carier and Matthews and the women were never tried.

Chesley Cannefax, the sheriff of Greene count}', when the county eml)raced all the State south of the Osage river and west of Phelps, came here with his father in 1831. He was elected [appointed] sheriff in 1834. One of his first official acts was the arrest of two free negroes, who lived on the Osage river, al)out fifty miles from Springfield. They had been indicted for "adultery," by the grand jury, some time before, and the sheriffs of Cole and Cooper counties had tried in vain to capture them. The negroes were desperate fellows, and had shot and wounded several of those sent to arrest them. Cannefax took but one man, Jas. Martin, and the two succeeded, after a long and difficult chase, in catching their men, but the women who were indicted with them, eluded the officers successfully at the time, by hiding while they were pursuing the men. The prisoners were tried, convicted and sentenced to one year's imprisonment and a fine of $500 ( ?)each. As there was no jail in the county then, they were turned over to the custody of Joseph Weaver and John W. Hendricks, to guard, until the sheriff of Cooper county could take them to Boonville, where the nearest jail was located. Weaver and Hendricks hand-cuffed the prisoners, and attached a heavy trace chain to the cuffs, and so manacled started with them to Weaver's house, which was about two miles west of Springfield. The guard was mounted and the prisoners on foot. Yet, under all these disadvantages, the negroes managed to escape into the brush, and were never recaptured. A good deal of feeling was excited by this escape, aud Cannefax was cited before the court - " Horse" Allen being circuit judge - to answer for it. Cannefax was sick in bed at the time of the escape, so he was cleared of all blame. The negroes afterwards sent him an insulting message, saying where they could be found and daring another trial of capture.

In a majority of cases those who were indicted for gaming pleaded guilty and were fined $5 and costs. Court was in session but three days, when it adjourned "till court in course," the next term being held in December.

Judge Allen was succeeded at the April term, 1837, by Hon. Foster P. Wright, who was commissioned by Gov. Lilburn W. Boggs. At the same time Benj. F. Robinson became circuit attorney. At the March term, 1841, Gen. Chas. S. Yancey was appointed judge of the 13th circuit, of which Greene county was then a part, succeeding Judge Wright. Judge Yancey was at the time a resident of this county.

United States the great shower of meteors known as the " star shower," or the " falling of the stars." The splendor of this remarkable meteoric rain will never pass from the memory of those who witnessed it. Old settlers of Greene say that in the firmament above, and all aronnd the horizon, thicker than the stars themselves, - which were on that morning uncommonly bright and beautiful, - were beheld innumerable balls of fire of a whitish, pallid color, rushing down and across the sky, drawing after them long, luminous traces which clothed the whole heavens in awful majesty, and gave to the air and earth a pale death-like appearance. An inconceivable number of meteors or falling stars shot across and downward from the heavens, as though the whole framework of the blue and cloudless arch above had been shaken. These small and luminous bodies had the appearance of flying or floating with great rapidity in every direction, occasioning the greatest wonder among the beholders, mingled with fear and consternation. Some described them as the slow and sparse descent of large flakes of snow, and that each flake - some smaller, some larger in size, from accidental aggregation or otherwise - take fire in their passage, and, fusing like a l)ombshell before bursting, leave a long train of lurid light, and that thousands of these, or as many as were within the range of vision, continued to descend and scatter and become extinct before they reached the earth. In some parts of the country the shower continued until near sunrise, when it is supposed they " paled their ineff"ectual fires " before the greater brilliancy of the sun.

In Greene county the celestial phenomenon was fully as brilliant as elsewhere. Hundreds of people witnessed it, and it was an occasion of much excitement. Very many of the poorly informed people concluded that the Judgment had come. It is said that the incident upon which is founded an oft-told story happened in this county. A man and his wife were sleeping the sleep of the just, the lady by a window. Awakening she saw the wonderful celestial pyrotechnical display, and arousing her husband in great terror, she exclaimed. " Get up, old man, quick ! The day of judgment has come? " Her liege lord hesitated but a moment, and turning over grumblingly replied : " O, lie down and go to sleep, you old fool ; do you suppose the judgment rfay is going to come in the night? " relief to its first pauper, Mrs. Sarah Craig, who, being in a destitute condition, and seeing a hard winter before her, applied to the authorities for help, and received an allowance of $30 per year, which, however, was not made payable until the end of the year.

December 12, Elk River township was organized, and a voting precinct established at Solomon Forrester's. The boundaries of Osage township were extended to include territory on the north side of the Osage river " for civil and military purposes." About this time Maj. D. D. Berry, was appointed to two civil offices - that of justice of the peace of Campbell township, vice Larkin Payne resigned, and county treasurer in the room of John Fulbright, whose resignation had just been tendered and excepted. Maj. Berry's bond was fixed at $2,000.

The county court, acting as a board of internal improvements, appointed Treasurer Berry agent to receive and loan out the three-percent fund, at ten per cent interest for only six months at a time. The total running expenses of the county for the year ending December 31st, amounted to $363.32, while the receipts for taxes and licenses were only $299.31, leaving a deficiency of $64.01.

At the first session of the county court, March 11, John Williams was appointed county assessor, and D. D. Berry, county treasurer for one year. The county clerk was ordered to procure, for the use of the county, standard weights and measures. He was also instructed to procure a county seal, which should be of brass and contain besides the words, of Greene County , Missouri^'' an Q^^y of an elk. In June the county treasurer and the collector made their settlements, and the treasurer was allowed the munificent sum of $5 for his services, until the 1st of the next March, nine months. Judge J. N. Sloan was appointed collector for the year. In July, J. W. Hancock, B. T. Nowlin, and other citizens of the county wer« relieved from the payment of taxes. Times were hard with them, as with the majority of the settlers, and in addition certain misfortunes had befallen them, rendering them proper objects of the county's favor and assistance.

A county tax double the State tax was levied this year for county purposes, the court being determined that no deficiency should be found in the treasury at the close of the year. John Sturdivant, John Walker, Chesley Cannefax and John McElhaney, were appointed patrols, and E. R. Fulbright made captain thereof. John Williams, county assessor, finished the work of assessing the county, for which he received $126. Some idea of the magnitude of the job may be obtained from a knowledge of the fact that it required 84 days, when there were not more than 500 families to be visited. Mr. Williams rode from the Arkansas line to the northern portion of Benton county, and from the Gasconade river to the western line of the State, swimming streams, climbing mountains, and often camping out at night. For this work he received $1.50 per day.

The general election of this year was held August 4. A total of 503 votes was cast, of which Campbell township threw 185. The election lasted two days, and the following is an abstract of the returns : -

Benjamin Goodrich, the sheriff elect, died on the evening of the election, from the effect of the bursting of a blood vessel, and in response to the prayer of a numerously signed petition, borne to him by

"Buck" Rouiitrec, then a young man of 22, Gov. Daniel Dunklin appointed Chesley Cannefax sheriff for two years. At the September term of the county court Cannefax had not yet received his i;ommission, and John W. Hancock was api)ointed sheriff pro tern. Dr. C. D. Terrill was appointed county clerk.

In the fall of this year the first post-office was established at Springfield. J. T. Campbell was appointed postmaster. The mail came in twice a week from Boonville, Mo., and Fayetteville, Ark. All mails were light. There was not a great deal of correspondence at that day. Postage on a letter from outside of the State was 25 cents, payable on delivery. Letters were commonly sent without envelopes. One page of the sheet was not written on and the letter was so folded as to leave this page on the outside, whereon the superscription was placed, the documents being sealed or fastened by wafers.

The business men of Springfield at this time were D, D. Berry, Henry Fulbright, and Cannefax & Ingram (R. W. Cannefax and S. S. Ingram), who were dealers in dry goods and groceries ; James Carter and John W. Ball, who were the village l)Uicksmiths, and S. S. Ingram, who, as a cabinet-maker and wheelwright, made coffins, bedsteads, chairs, cotton spinning wheels, etc.

In December, on the recommendation of the county court, Joseph Rountree was appointed justice of the peace of Campbell township. Thomas Horn was appointed deputy sheriff under Cannefax. James DoUison was again made presiding justice of the county court. At the close of the year it was found that 31 county warrants had been issued in 1834, calling for $465.65V2. The receipts for taxes and licenses amounted to $688.55, enough to pay this year's expenses, last year's deficit, and leave a balance in the treasury of $i60.52V2 - and this notwithstanding the fact that Collector Sloan was $186. G6 behind on collections.

Another of the " celel)rated cases " of the Southwest occurred in 1834. A robbery or larceny had been perpetrated near Cane Hill. A man named Doake suspected a stranger traveling through the country, and followed him to Farmington, where he arrested him and charged him with the crime. The stranger employed three persons, named Berry, Holburt, and Culton to defend him, and agreed to give them two horses and a rifle he owned for doing so. These three were not lawyers, but defended the stranger successfully, and he was discharged. He gave them the gun and horses as he had promised. Doake con- eluded if the stranger was not guilty, Berry, Holburt and Culton ought not to have the horses, and that he would make the effort to get them for himself. He therefore hurried to Springfield, told his story, raised an excitement, got out a writ, and had John P. Campbell and a dozen armed men waiting the arrival of the three persons who were quietly on their way to town. At this juncture, Cannefax, in virtue of being sheriff, took the writ from Campl)ell, discharged the crowd, and when the men came in, took their horses and arrested them. When told the charge against them they quietly submitted until Culton saw Doake, when it was with difficulty Doake's life could be saved.

The sheriff summoned a jury, and upon a trial of the rights of property a vei'dict was immediately given in favor of the three defendants, who took their horses and went on to the Delaware village at the mouth of Wilson creek. In the meantime Doake, determined to have the horses, persuaded a young man named Sturdevant, to believe his side of the story, and the two went down to the village and stole the horses .

At the next term Doake was indicted for horse stealing, but no bill was found against Sturdevant, who bore a first-rate character, it being thought that he had been deceived into the scrape by Doake.

As the trial of Doake drew near, he ordered every man between Springfield and the west State line to be subpoenaed as his witnesses. Cannefax rode diligently for weeks, and got all but one man named Reed. Doake finding that the sheriff had not got Reed, made affidavit that he could not get a fair trial, if Cannefax filled the jury panel. *' Horse" Allen ordered an officer ^>'0 tem.^ to fill up the jury, and it was done by selecting Doake's friends from off the Usage, and he was acquitted, of course.

After Doake's acquittal Culton made another effort to kill him, but Cannefax and John G. Lock, managed to prevent it, and Doake lost no time in getting out of Greene county, to which he never returned.

The winter of 1834-5, was intensely cold. "The cold Friday and Saturday" were long remembered. Cattle had their horns frozen, many old settlers assert, and in some instances, had their legs frozen oflf up to the knees. Pigs and fowls perished in great numbers, and there was much damage done to peach and other fruit trees.

The snow was unusually deep and drifted to extraordinary depths, laying on from December to March. The people were thereby subjected to many inconveniences, not to say privations. It was impossible, in many cases, to go to mill or to a store, owing to the distance and the impassable condition of the roads, and so the hominy block was called into requisition to supply breadstuff, and the '< store goods " were dispensed with.

In February the county court went into an election for assessor for this year. J. W. Hancock, Joseph Burden, and Daniel Gray were candidates for the office. Each received a vote, and there was a tie. The court ordered the clerk to give the casting vote, which he did, voting in favor of Mr. Gray. Chesley Cannefax was appointed collector, and D. D. Berry made treasurer. Samuel Scroggins, the county surveyor, was ordered to survey and mark off the northern boundary of the county. The survey was ordered to begin at the northeast corner of section 1, tp. 31, range 18, - or twelve miles east of the present western line of Webster county, and two miles north of the village of Niangua, - and run thence due west, on the line between townships 31 and 32, a distance of 42 miles, to the northwest corner of section 6, tp. 31, range 25. The greater portion of this line is the present northern boundary line of the county. The change in the boundary was made necessary by the creation of Barry county, January 5, and Polk, March 13, 1835. At the May term Swan, North Fork, and James townships were organized, and at the June term Porter and Finley were formed.

The Cholera Season Of 1835

In the month of June of this year, Asiatic cholera visited Greene county and occasioned great alarm and excitement. Its ravages were confined to Springfield and the immediate vicinity, however, and, though there were some deaths, the mortality was not extraordinarily large. The dread contagion was supposed to have been imported from St. Louis in goods brought in by Henry Fulbright. The first case was that of James Carter, a blacksmith, who was taken at 9 in the morning and died at 2 in the afternoon of the same day. Theday of Carter's death, Co wden Martin, a brother of Judge Samuel Martin, came to town, was attacked, and died that night. Two negro men belonging to J. P. Campbell died in one night. Moses

Foren and one or two others whose names are not now remembered also fell victims to the fearful scourge. Many persons, among whom were Solomon Cotner, John Ingram, and Mrs. Martin Ingram, were attacked, but were saved by the " steam doctors." Still others recovered by the help of the regular physicians, while some got well without using any medicine at all, merely being very careful in their diet and exercise. Fortunately the cholera only lasted some ten days in this county. It prevailed in St. Louis this year and the next summer was very fatal in that city.

Survey Of Springfield

July 18th, 1835, a special session of the county court was held for the purpose of receiving and adopting a plan for laying out the county seat, the town of Springfield. Apian submitted by J. P. Campbell was approved, and D. B. Miller was appointed a commissioner to lay off the town and sell lots. The location of the county seat had previously been made by the commissioners appointed for the purpose;^ but there were many who doubted that this location would be permanent,as strong efforts were being made to relocate the county capital, and there was great nncertainty as to what would ultimately become the final county boundaries, and its geographical center, usually selected as the county seat. Consequently lots were not sold with great rapidity at first.

The county court ordered that in this year a two days' election be held in the town of Springfield, commencing on the first Monday in August, and that general elections thereafter be held for two days until otherwise ordered. The election was held August 4, and the official vote of Campbell township, as recorded, was as follows : -

' Section 12 of " an act to organize the counties of Polk and Barry, and to establish a permanent seat of justice for Greene county," approved January 5, 1835, provided: "That Jeremiah N. Slone (Sloan), George M. Gibson, of Barry county, and Markham Fristoe are appointed commissioners for the purpose of selecting a permanent seat of justice for the county of Greene." (Chap. 349, page 433, vol. 2, " Territorial Laws.")

Upon the assembling of the county court James Dollison was again elected presiding justice. About the first of August the public square of Springfield was enlarged from one and a half to two acres.

Opening Of The U. S. Land Office

About the 1st of September the United States Land Office was opened at Springfield. The seventh cash entry was made Sept. 8th. Joel H. Haden, of Howard coimty, was the first register, and Robert T. Brown, of St. Genevieve, the first receiver. Mr. Haden removed his family to Springfield, and became a permanent resident, but Mr. Brown never removed his family, and in about three years returned to St. Genevieve. Mr. Haden died in Howard county, February 7, 1862.

The establishment of the land office at Springfield was quite an event in the history of the place. It brought hundreds of persons to the town who desired to enter land in the Springfield district, and was of great convenience and accommodation to the settlers of Southwest Missouri.

Miscellaneous. - About December 1, County Judge Younger resigned and was succeeded by Hon. Chas. S. Yancey, who was appointed by the Governor. The aggregate expenses of the county this year were $668.50 ; the receipts only $414.28, which, with the balance in the treasury from the year 1834, left a deficit of $87.50. The following were the merchants and grocers of the county doing business under license this year : Fulbright & Sons, David O. George, J. T. Campbell, D. D. Berry, B. W. Cannefax, and D. Prigmore.

At the session of the county court, C. D. Terrill was re-appointed deputy county clerk. D. D. Berry was appointed county treasurer for the ensuing year and allowed $35 for his services in 1835. Thos. Horn, as captain, and Jas. A. McCarroll, and Joseph Burden, J. W. Ball, and L. H. Freeman, were appointed patrols for Campbell township, and directed to patrol at least twelve hours in each month during the year. A judgment was obtained in the circuit court against ex- Collector Sloan and his securities for the full amount of his defalcation as such collector, and an execution was ordered out against them ; but before it was served a compromise was effected, by the terms of which the county recalled the execution, and in March Sloan made a full and satisfactory settlement of all his delinquencies, in an honorable manner, and did not depart for Europe or Canada as is the practice of many defaulting officials in these degenerate days.

In March, Wm. A. Allen, having failed to qualify as county assessor, Daniel Gray was re-appointed to that office for one year. David Appleby and Joseph Burden were appointed justices of the peace for Campl)ell township.

In June Josiah T. Danforth was appointed as another justice of the peace for Campbell township. - Jackson township was re-organized. - A "main" road was laid out and opened, running from Versailles, Morgan county, and passing through this county, to the Arkansas line. This thoroughfare was afterwards much traveled in going to and from Boonville. The expense of the road was borne by the counties through which it passed. Greene county's share of the surveying expenses was $53.14, which was paid to the surveyor, Wm. Monroe, out of the "three per cent, fund" for internal improvements. - Thos. Horn was elected county collector. - The first case of insanity in the county was brought into public notice in this month. The sheriff brought James Renfro, said to be insane, before the county court, and the question of his sanity was tried by a jury composed of Thomas Shannon, J. W. Ball, N. K. Smith, Benj. Cannefax, James Warren, Andrew Hodge, Chas. Hatler, G. N. Shelton, Henry Fulbright, S. S. Ingram, John Ingram, and Littleberry Hendrick. The jury decided that Mr. Renfro was insane, and incapable of managing his own business. Therefore Joseph Porter and Benj. Chapman were appointed his guardians and trustees.

At the August election of this year the following were the candidates : Legislature, J. W. Hancock and J. D. Shannon ; sheriff, Chesley Cannefax and Frank Leeper ; assessor, Samuel Martin and Spencer O'Neil ; surveyor, Joseph Burden, Joseph Rountree, and Stephen Fisher. The first named candidate for each office was elected. At the session of the county court in this month Judge Yancey was chosen presiding justice.

County Seat Proceedings

In August, D. B. Miller was ordered to employ a competent sur veyor to lay off the town tract of Springfield, donated to the county by J. P. Campbell, and to file plats and field-notes of the same. He was further ordered to order two lots for sale, as soon as surveyed, by advertising for two months, by three insertions, in the Missouri Argus, published at St. Louis, and the Boon's Lick Democrat, published at Old Franklin, Howard county, and also by " setting; up handbills atthe county seats of Greene, Pulaski, Barry and Polk counties." The court ordered two lots reserved, one for building a clerk's office, and one for a jail.

October 31, plats and field-notes of Springfield were filed and approved and lot 18 of block 5, " where the present court-house is situated, is hereby reserved from sale at present." The proceeds of the sales of lota were ordered set aside for the erection of public buildings, etc. Lot 11 was substituted for lot 10 for a clerk's office.

Nine days thereafter Commissioner Miller made a settlement for town lots sold Nov. 1, showing that sales had been made to the amount of $649.88. The sales were well attended, and bidding was thought to have been very spirited, at that day, very many caring to take their chances that Springfield would become the ^^ permanent county seat " of Greene county, as the act apjDointing commissioners had stated, and therefore they bought lots and prepared to reap any resultant advantag-es that mio;ht accrue. The commissioner was allowed $131.51 for the total expenses of the sale, and was ordered to pay the balance into the treasury.

As has been stated, a public jail, the first in the county, had been built by contributions of the citizens, who had come to the help of the young county at a time when its treasury was empty - if indeed it had a treasury - and at a time, too, when such an institution was imperatively needed, and generously "chipped in," to a sufficient amount to complete a good strong, commodious log building in which off'enders were to be confined. This building stood somewhere near the corner of Main and Boonville streets. In process of time the county became better off, and in November of this year the county court ordered the treasurer to refund out of the money received for town lots, to each person the amount by him donated to build the county's bastile.

The county court having decided to erect new public buildings, appointed Sidney S. Ingram superintendent thereof, and ordered him to prepare and submit a plan for a court-house. November 28 Mr. Ingram's plans were submitted, examined, and approved, and a courthouse for the county was ordered erected in the center of the public square of Springfield, to be a two-story brick, covering an area 34 by 40 feet, with divers and sundry specifications. The sum of $3,250 was appropriated for its erection.

The first prisoner ever incarcerated in the present State penitentiary at Jefferson was sent up from Greene county this year (1836). His name was Wilson Edison, a native of Tennessee, and at the February term of the circuit court had been convicted of grand larceny (horse stealing) and sentenced to two years and six months' imprisonment, less the time he had already spent in jail. He was admitted to the penitentiary March 8th, 1836, and was the sole occupant until the 28th of May following.

First Presidential Election

In November of this year occurred the first Presidential election since the organization of the county. The candidates for President and Vice-President were Martin Van Buren and Richard M. Johnson, of the Democratic party ; Wm. Henry Harrison and Francis Granger, of the National Whig party ; and Hugh L. White, of Tennessee, of the independent Democrats and Whigs. The vote of Greene county was as follows: Van Buren, 140; White, 11. Only two townships, Campbell and Jackson, voted regularly at this election. Campbell gave Van Buren 113 votes and White 11 ; Jackson gave Van Buren 17 ; White, none. North Fork township gave Abram Bird, one of the Van Buren electors, ten votes, and these seem to have been counted for all of the electors on that ticket.

Miscellaneous. - The number of cash entries of land at the land office in Springfield for the first year was only 90. - October 3, John H. Miller was appointed deputy county clerk instead of C. D. Terrill. - The collector, in November, returned the State and county land delinquent list for this year as amounting to only $90.27. - December 31, the treasurer's books showed that the total expenses of the county for the year had been $829.96 ; the receipts into the treasury $557,431/2, showing a deficit of $272.52V2. Adding to this the $87.50 deficiency of the last year, made the total county deficit January 1, 1837, to amount to $360.03.

Killing Of John Roberts By Judge Yancey

al)le bitterness. When Koberts was brought into court Campbell was pi'esent and Roberts began to quarrel with him. Judge Yancey, as |)residing justice of the court, commanded silence. Campbell obeyed, but Roberts persisted in abusing his enemy, and when Judge Yancey again commanded him to keep quiet, Roberts rejoined : "I will say

Roberts paid his fine, but with many threats against the judge who had imposed it, and whenever under the influence of liquor, which was frequently the case, he sought every opportunity to insult Judge Yancey by all sorts of villification and abuse. The latter for a long time endeavored to avoid a collision by paying no attention to Roberts' remarks, and avoiding him whenever possible. Thus matters went on for about a year, or until some time in the tall of 1837, when one day Roberts met Yancey on the public square in Springfield, in company with Littleberry Hendrick, who had persuaded Yancey to go home in order to avoid an encounter with Roberts, who was known to be in town and to have made threats against Yancey, and, after some insulting language, Roberts put his hand in his bosom as if for a knife, a weapon which he was known to have used before in personal difllculties. Instantly Judge Yancey drew a pistol and fired. He then drew another pistol and was in the act of firing again, when Mr. Hendrick knocked the weapon upward and the ball passed into the air. Roberts pressed his hands to his breast and exclaimed : "Don't shoot again; I am a dead man now," ^ then he reeled and fell to the ground, shot through the body. He died the following day.

At the time of his death Roberts was under indictment for assault with intent to kill. At the December term, 1837, Hon. John S. Phelps, prosecuting attorney p-o tem.^ dismissed the case on account of the death of the defendant. One year thereafter, or at the December terra, 1838, Yancey was indicted for manslaughter, for killing John Roberts, and was bound over for trial'at the ensuing April terra, in the sum of $2,000, Joel H. Haden, John P. Campbell, N. R. Smith, James McBride and Z. M. Rountree becoming his bondsmen. At the April term, 1839, Judge Yancey was tried by a jury composed of Thos. Lawrence, Asa J. Simpson, Joseph Moss, Joseph B. Carey, John W.

Thompson, Wm. Parrish, James Nugent, John H, Tatum, Lewis Tatum, John Murray, Geo. Cook and Griffin P. Saunders. Foster P. Wright was the judge, and Littleberry Heiidrick, who was present when the tragedy occurred, was the prosecuting attorney. The trial occupied the greater part of two days. The jury was absent from the court-room but a few minutes, when it returned a verdict of " not guilty," and Judge Yancey was discharged.

Judge Chas. S. Yancey was a native of Kentucky and came, to this county in 1833. Not long after coming here he was admitted to the bar, and in course of time, as elsewhere stated, became circuit judge. Judge Yancey was not a profound lawyer, according to an estimate placed upon him by an admirer and friend, but was fairly successful and had many friends. He was very sensitive, kind-hearted and polite, and, remarks Col. Gilmore, it was very remarkable and one of the curious commentaries of human life that he, who was among the most unwilling of men to do a personal injury to any one, should be compelled to take the life of a fellow-man.

John Roberts was a determined and dangerous man, especially when intoxicated. He had been frequently arrested for participation in affrays and quarrels, and was regarded as a desperate character generally. When sober he was a man of many goodjqualities , and much respected by his neighbors.

In the winter of 1836-37, numerous bands of the Osage Indians were located in certain portions of Greene county, and their presence was distasteful to the settlers. Col. Chas. S. Yancey, then in command of a regiment of Greene county militia, was ordered by Gov. Boggs to compel the Indians to retire across the State line and ever after to remain on their own territory. This was done, says Col. Gilmore, in order to protect the settlers and prevent a collision among them and the Indians.

Lt. Col. Chesley Cannefaxand Capt. Henry Fulbright accompanied Col. Yancey on his mission to notify the Indians to leave the country. The colonel had wisely concluded to postpone calling out the troops until it should be determined that they were necessary, and had decided to go in person among the Osages and inform them that their room was preferable to their company. The three officers set out for the Indian camps to the south and southwest, one clear cold morning, accompanied by a negro boy named Charley, who had been raised

The party stopped the first night ont with Wm. Brooks, near where Linden now stands. Brooks went with them next day, and they camped the second day out on Bryant's fork of the North fork of White river. That night snow fell to the depth of ai)out eighteen inches. In the morning Brooks abandoned the party, much to their discontent, as he was a great hunter, and familiar with the country through which Yancey was going in search of Indians. Indeed, the rest hesitated about going on or returning, but concluded to push on.

Near the mouth of Flat Creek, in what is now Stone county, Col. Yancey came upon the first party of Indians, of whom there was a considerable number, all mounted on ponies and engaged in a bear hunt. Col. Yancey was dressed in full regimentals, with cocked hat, sword, sash, epaulets and plumes, and presented quite an imposing appearance, which he had calculated would quite favorably impress, if indeed it did not overcome the display-loving savages. The Indians halted, huddled together, gazed at the party a few moments in utter silence, then, raising a shrill and peculiar yell, galloped rapidly away past the officers, without speaking or giving any heed to Charley, who called after them in their own language. The Indian yell was answered, and caught up and repeated, from all quarters of the compass but the north, a circumstance that occasioned Col. Yancey's party no little uneasiness.

The party rode on after the Indians, although they hardly knew how to interpret their strange conduct. Speaking of the affair afterwards, Col. Cannefax said : " I did not like the signs, and, as I rode up alongside Col. Yancey, I looked to see if there was any change in his face, and I thought there was ; but, if we were both scared, neither of us spoke our thoughts."

At length, after certain surprises and much perturbation of feeling, the officers reached the camp of the Indians, where by this time the whole of them had collected, and had made a startling savage toilet of beads, feathers, deer-hoofs and other Indian finery, presumably to be able to meet Col. Yancey in an appropriate manner with all of his pomp and circumstance. From his dress the Indians had concluded that the Colonel must be a person of great consequence, perhaps the " Great Chief" himself from Washington.

the tent of the chief, who was named Naw-paw-i-ter, to whom, throuirh Charley, the interpreter, they delivered their message. Naw-paw-i-ter expressed regret on acconnt of the condition of some of his people, that he mnst move at once in such inclement weather, but added that he was willing to do so if the whites desired him. There were in the camp about 100 Indian men, and as many squaws and papooses. In consideration of the women and children, the whites were asked to allow a few days' dehiy until the weather moderated. Col. Yancey very readily and very generously consented to this, giving a written permission to the Indians to remain where they were for a few days or until the extreme cold sna[) had passed. After being hospitably, if not bountifully entertained at the Indian camp of Naw-paw-i-ter, Col. Yancey and his party started the next morning to complete their mission.

Some days were spent in search of other bands, when, coming around to the saw-mill about 35 miles southwest of Springfield, in Barry county, they were startled to find all of the scattering hunting parties of Indians in the southwest part of the State collected together and seemingly engaged in preparation for some important enterprise. One Indian rode about brandishing his tomahawk and bow and arrows, and now and then making indecent gestures toward the whites. As the assemblage had the appearance of a war council. Col. Yancey and his aids held a council to determine what they should do. The Colonel and Maj. Fulbright wished to be gentle with the Indians, to visit them as they had visited Naw-paw-i-ter, and induce them by fair speeches to return to their reservation. Col. Cannefax, however, thought the occasion demanded the use of something more than mere words. He wished to return home and rouse the militia and then visit the Indians, prepared io enforce any demands that might be made upon them. His counsel was at last adopted and the party rode rapidly back to Springfield.

Arriving at home, the entire neigh1)orhood about the county seat was thoroughly aroused. Rifles were speedily put in order, bullets were run, provisions prepared, and everything done to put'the county in fighting trim. Everybody lent a helping hand, and in thirty-six hours more than a hundred men, well mounted and armed, were at Ozark, on the Finley, in Christian county, confronting the Indians. The latter were much more numerous than the whites, but were armed, for the most part, with but bows and arrows.

toward their reservation. The Colonel pushed rapidly after them, proceeding cautiously, however, and on the second evening overtook them on the west side of the James river, not far from the mouth of Finley creek. The milit,ia were at once drawn up in line close to the Indians, and a demand was made of the chief, that his men should deliver up their arms, as security against hostilities. This he refused, for some time, to submit to, but, finding that he must consent or fight, he finally yielded, and set the example by coming forward and laying his bow^ and arrows on the ground. His example was followed by most of the warriors, but some of the younger ones refused, and were compelled, with difficulty, to give up their arms.

Some of the white men behaved very rudely toward some of the squaws. To Yancey's honor, be it said that he showed such severity towards the offenders that this did not occur the second time.

The Indians at last reluctantly agreed that their guns might be rendered temporarily unserviceable, and after this had been done by the removal of the flints from the locks, and ramming a naked bullet tight into the barrel of each, they were returned to their owners, and the Indians were then compelled to resume their march towards the setting sun, as they had, no doubt, often been required to do before. The next day or two were bitter cold, and the women and children suffered much, especially while crossing Oliver's prairie.

In two or three days more the State line was reached, and after admonishing the redskins not to return again, the militia started homeward. The same day they were overtaken by an Osage chief, accompanied by a white man named Matthews, who begged them to return to attend a council of their chiefs, which had been called, they said, to consult with the white men. This Colonel Yancey refused to do, saying that he had no power to treat with them.

When the militia returned to Springfield they found that there was most intense excitement in the little town and throughout the county, caused by rumors that a general Indian war had commenced, and that the community was liable to an attack at any moment. The women and children of Springfield - and a few men, too, - were greatly terrified, and Maj. Berry, who was then the most prominent merchant in this place, came very near packing off" his whole stock of goods to some other place for safe keeping. No hostilities followed, however, and Southwest Missouri had no trouble with Indians ev.er after of any serious consequence and results. Thus ended the " Osage War " in Greene county.

At the February meeting of the county court the 16th sections of tp. 28, range 22, and tp. 27 range 21, were ordered to be sold. The 16th section of every congressional township had been reserved for school purposes, and placed under the control of the county court. D. D. Berry was unanimously re-elected county treasurer, and allowed $35 for his services the previous year.

And now the county began the expenditure of its road and bridge fund. Sitting as a board of internal improvements, the county court appropriated $100 for building bridges across Nowlin's and Click's branches, on the State road leading from Springfield in the direction of Arkansas, " and for other necessary improvements on said road, " and C. D. Terrell was appointed commissioner to superintend the bridge building. What kind of bridges, two in number, could be built for $100, besides allowing a sum for " other improvements," may be conjectured, but cannot here be described. The further sum of $100, *' out of the road and canal fund," was appropriated for building a bridge across " the town branch, north of the public square, at Springfield," and D. B. Miller was appointed commissioner to superintend the building of the same. These were the first bridges which the county ever built or assisted in building.

In May Judge Yancey resigned as presiding justice of the county court and was succeeded by Judge Dollison. - At the same session Thos. Flannery and Isaac Cook appeared in the court-room, "and treating said court with great contempt, were fined one dollar each and costs." It is said that Cook and Flannery were drunk, and engaged in a quarrel in the presence of their worships, the county justices, and when ordered to become quiet, offered to " pitch into" the court itself. - D. B. Miller, the town commissioner, paid into the trerasury in this month the sum of $847.73, the proceeds of the sale of town lots. At that time the public square was covered with timber, which the court was petitioned by sundry inhabitants of the county to have " cleared off." The petition was refused, the judges deeming it fit and proper that the few trees which had not been cut off should be spared to give shade and add to the general attractiveness of the square. - It required 43 days to complete the assessment of the county in this year, for which work Samuel Martin was paid $2 per day. - In

July Joseph Weaver was appointed county justice in the room of Judge Yancey, who had resigned in May to accept the appointment of Major General of the Militia of Southwest Missouri,

In the winter of 1837 Chesley Cannefax, John P. Campbell, Judge Yancey, Ev. Hollingsworth, and Henry, Ephraim, and Dan Fulbright went to Texas with the intention of emigrating to that republic - for it was then a republic. In the course of that trip there came very near being a shooting scrape between Campbell and Henry Fulbright, but this was averted and the quarrel settled by that noted peacemaker., Judge Yancey.

About this time - that is to say in the summer of 1837 - occurred certain other Indian disturbances in this portion of Missouri, which created great excitement among the settlers of Greene county. The outrages perpetrated in Indian warfare were so well known and understood by the early settlers, that the barest probability of a war with the red men at once excited the gravest apprehensions and sometimes the wildest alarm. This portion of the frontier was open and altogether exposed to a raid from the Territory, and not once or twice, but often, had reports, devised by sundry wicked persons, come that the savages were on thewar path. The whites in this country determined to take no chances with the knights of the tomahawk ; upon the first manifestations of crooked conduct the}'^ were to be checked summarily and completely.

The Delawares out at the Town had uniformly been peaceable, quiet, and very friendly, and nobody was afraid of them. There were Indians, however, from the Territory and elsewhere, who came in from time to time in roving bands, whom it was well to watch. Sometime in June a strolling band of Senecas, from the Indian Territory, stole some horses and appropriated some other property from certain citizens of the country now embraced in Jasper and Newton counties, then in Barry county, and from certain citizens of where is now Dade county, then in Polk county, and when asked to make restitution, refused, and made certain threatening demonstrations. A settler named Thatcher, living on Cedar creek, was visited one day by an Indian who wanted to trade " squaws" with him. Thatcher knocked the Indian down, and then drove him from his premises. The next

The alarm was given and the county court of Polk county ordered Maj. L. A. Williams^ to take command of a company of militia, hastily raised for the purpose, and proceed against the Indians and march them out of the State. Captain Williams, as he was then called, accomplished the object as far as Polk county was concerned, without any difficulty, and, after an absence of about twenty days, returned home and disbanded his company.

At this time, under the militia laws of the State, every able-bodied man over 18 years of age and under 45 was required to enroll in the State militia and to drill regularly three or four times a year. The officers of the companies, battalions, regiments, brigades, and divisions were elected by the men and commissioned by the Governor. Southwest Missouri then formed the 7th division and the militia of Greene county composed the first brigade, while the second brigade was composed of Polk and some of the other counties adjacent. The first organization of these counties under this arrangement was in 1837, and the following were the first general ofiicers elected : Major General of the Division, Joseph Powell ; Brigadier General of the 1st Brigade, N. R. Smith ; Brigadier General of the 2d Brigade, Abner NalK

Just about the time that Capt. Williams expelled the Senecas, trouble broke out with the Osage Indians, a large body of which tribe had gathered in large numbers near Sarcoxie, and were acting suspicious- \y. General Powell at once called out the whole military force of his division and marched against the savages, and came upon them unexpectedly and to their great surprise. After but little negotiating and parleying the Indians were marched out of the State and into their own territory, and made to give solemn assurances that they would not return without permission. They stoutly persisted in their innocence of any evil intent in coming into the State, saying they had only come to hunt and fish ; declared they knew nothing of any stolen horses, or other property, and averred that they had always been and would always be the faithful friends of the whites. After an absence of about fifteen days Gen. Powell marched his division home and the Greene county troops were disbanded and permitted to return to work in their fields.

This was known as the " Sarcoxie War," and was a very nice sort of a war, being one in which no human blood was shed or any serious casualities suffered. The reports of the outbreak were greatly exaggerated from the start. The Indians had done nothing, and doubtless intended [doing nothing to harm the settlers, and all of the alarm and uneasiness, the mustering, the arming, and the marching, were for nothing. General Powell marched out to Sarcoxie and then, like the famous "King of France," straightway "marched back again."

The Greene county troops in the "Sarcoxie War" did not like Gen. Powell, who was very inexperienced in military matters, and committed many breaches of military law and discipline. Upon charges preferred by Gen. Smith, of the Greene county brigade. Gen. Powell was afterward tried by a military commission and dismissed from the State service, being succeeded by Gen. Nelson and then by Col. Chas. S. Yance}', of this county.

Of Gen. N. R. Smith it is related that he was not a thorough military man himself. On one occasion after dark a militiaman, who had seen service in the regular army, was standing guard around the camp of the 1st brigade. Gen. Smith approached and attempted to pass the lines. " Halt! " cried out the fiiithful sentinel. " Who comes there? " "A friend, " was the reply. " Advance and give the conn tersign, " demanded the guard. "I haven't the countersign," returned the General, " but I am General Smith, from Springfield, and it's all right." " Halt !" again the sentinel shouted, adding, "I don't care if you are General Smith, from hell, you can't pass here without the countersign ! " The latter remark, albeit somewhat profane, became a by-word in the camp, and indeed was remembered long after the " Sarcoxie War " was over.

Miscellaneous

No returns of the August election for this year are to be found save the vote of Campbell township for assessor, which was as follows : Gray Wills, 102 ; Samuel Martin, 49. Wills was elected. An additional $100 was appropriated in August to complete the bridge over Click's branch. August 10th, Robberson township was created, and an election precinct established at the house of Elizabeth Robberson. About the 1st of December government land in Greene county first came into market, it having previously been withheld, and many entries were made in Campbell township. Up to this time but little business had been transacted at the Springfield land office, only 240 cash entries having been made. At the close of the year it was found that the receipts of the county treasury during the year had been $582.13V4 ; the expenditures, $496.11, being $82.02V4 in favor of the receipts; but deducting this balance from the last year's deficiency still left the county in debt to the amount of $274.

In February Gray Wills became county assessor, Chesley Cannefax, collector, and Daniel D. Berry, treasurer. Upon petition of the inhabitants, the 16th sections in ranges 21 and 23, in township 30, were ofi'ered for sale by the county court. January 23, Town Commissioner D. B. Miller sold $125.25 worth of town lots in Springfield.

Incorporation Of Springfield

February 19th, of this year, occurred the first incorporation of the town of Springfield. The population of the place was about 250 at the time, and the incorporation was made in response to a petition signed by nearly every voter residing therein. The metes and bounds, as established by the county court, were as follows : -

Beginning 25 rods west of the northwest corner of the northwest quarter of section 24, township 29, range 22 ; thence east 155 rods to a stake ; thence south 135 rods to a stake ; thence west 155 rods to a stake ; thence north to the beginning.

The territory included within these boundaries was declared to be **a body politick and corporate by the name and style of the inhabitants of the town of Springfield." The first board of trustees was composed of Joel H. Haden, Daniel D. Berry, Sidney S. Ingram, Robert W. Crawford and Joseph Jones.

Benton. - Beginning on the line between ranges 20 and 21 on the south boundary of Greene county ; thence running east to the southeast corner of said county ; thence north with said connty line to the divide between James' fork and Finley ; thence down said ridge to the line between ranges 20 and 21 ; thence south with said range line to the beorinnino;.

Ozark. - Commencing at the northeast corner ot Benton township ; thence north with the county line to the northeast corner of the county ; thence west with the boundary line to the center of range 20 ; thence south to the northwest boundary of Benton township.

Benton township was composed of territory now included in the townships of that name in the counties of Christian and Webster ; Ozark comprised the eastern portion of the county, now in Webster. Elections were held at Campbell Steward's, in Benton, with Steward, Wm. Friend and Henry Mallock, judges ; and in Ozark, at Thos. B. Patterson's, with Thos. Neaves, Robert Patterson and John Bell for judges.

Meantime, the work of building the court-house at Springfield had been progressing very fairly. In December, E. F. Roberts, who had the contract for the wood work, was paid $925 for work done to date. S. S. Ingram, the superintendent, resigned and was paid $75 for his services the past year.

During the year 1838 Springfield, the county seat of Greene, prospered very fairly. People had grown to be confident that it was to be the permanent capital of the county, and were not loth to invest in residences and business houses. The incorporation of the town did much to give it character and standing, and in addition a great deal of business was transacted in its stores and other business houses. The following were the business firms, the nature of their business, and the amount of tax paid by each in the year 1838 : -

As Mr. Escott says, in his historical sketch, the term " merchant " included dealers in dry goods, boots and shoes, hats, caps, gents' furnishing goods, clothing, groceries and provisions, hardware, tinware, and everything usually kept in a country store, from a paper of pins to a stick of candy. The "groceries " kept a few articles in the way of family groceries and provisions, but their chief staple was whisky, which was dispensed by the dram, pint, quart or gallon. Brandy and wine were common, but lager beer was unknown at that day.

Killing Of J. Renno By Randolph Britt

In the summer of 1838 another homicide occurred here which created a good deal of feeling in the community. This was the killing of Mr. J. Renno by Randolph Britt. The latter, with a number of the then citizens of Springfield, was in the grocery store of which Maj. R. J. McElhany was proprietor, eating and drinking. Lucius Rountree, observing the crowd assembled and wanting to have some sport of the rough sort, then very common, told Renno to go into McElhany's and "clean it out." Renno, always ready for such work, accordingly went in, and, happening to seize Britt first, a scufile ensued between them, in the course of which Renno suddenly cried out, " He is stickiug me with a knife ! " and fell. It turned out to be too true ; he had been fatally stabbed by Britt, and died in a few minutes afterward. Britt for some time afterwards did not seem conscious of the nature of his act, and when he did realize it wept bitterly, after exclaiming that he had rather Renno had killed him. The truth probably was that the homicide was, at the time of giving the fatal blow, so much intoxicated that he hardly knew what he was doing.

Britt had to be protected by a strong guard after this afi'air, or his life would have been taken to satisfy the vengeance of Renno' s friends and relatives. Much feelins; was excited about the matter. His counsel got a change of venue to Benton county, and he was tried at Warsaw, convicted of manslaughter, and sentenced to the penitentiary for a term of years ; but was soon pardoned by the Governor of the State. He afterwards lived and died in Greene countv.

Hoover's mill having been put up on Finley, this year, furnished facilities for grinding hitherto unenjoyed by the settlers, and was visited for a long distance. The voting place for Finley township was also established there in May, being removed from Frizzell's. - Several roads were established through the county and into other counties this year, thus opening communication with the outer world. Among others a new road was established " to Jefferson and Boonville, by way of the Pumly tar" {Pomme de Terre), another "to St. Louis from the south part of the county," and another " a change in the road to Fayetteville and on south." - In November E. F. Roberts received $750 on wood-work done in the court-house, by which it appears that that building was not completed at that time.

Ordered hy the Court - That the act concerning groceries, passed at the last session of the Legislature, and approved February 13, 1839, be and the same is hereby repealed and of no effect in the county of Greene.

This order of the court has uniformly been laughed at whenever discovered and read by those unacquainted with all of the circumstances. It seems very preposterous that a county court should " repeal " an act of the Legislature and declare it of " no effect " in the county wherein the court sat. But a little explanation and information will set things aright.

" The act concerning groceries," referred to by the Greene county court, regulated the sale of ardent spirits in this State. It may be found in the " Laws of Missouri, of the 1st session of the 10th General Assembly," section 48 of which is as follows ; -

Sec 48. The county courts maj'^, at any term of their court, exempt their county from the operation of this act by an order directing that the same shall not extend to or be in force in their county ; and upon such order being made and recorded, this act shall not extend to or be in force in said county.

It will be seen that the court had ample warrant and authority for setting aside the act of the Legislature, although the language of the order might have been made a little clearer and somewhat more intelligible to the general reader. " Those laugh best who laugh last."

Elections. - At a special election in June, Thomas Horn was elected sheriff over Joseph Burden, and in August John L. McCraw was elected surveyor over B. T. Nowlin, E. F. Roberts, and John C. Farmer, and Daniel Cotner was elected assessor over Samuel Martin and Elisha Headlee.