Grundy County, Missouri - Chapter 3: Grundy County Oeganized, Isil to Is49, 1881

First Metes And Bounds

ton county, and that this hitter county inchided not only tlie present territory of Grundy, but of Mercer also, running to the Iowa State line, it is necessary to go back to 1837 to Und wliat Grundy county was supposed to represent at the time Livingston county itself was organized and her boundaries defined, which was in 1837, and tlie territory now Grundy and Mercer counties was included in her civil jurisdiction until 1841, when the legislature passed a bill organizing Grundy county and placing the territory now known as Mercer county under the civil jurisdiction of Grundy,

On the organization of Livingston county in 1837, the county court of that county divided all the territory north of her north line between two townships. The order of the county court which was held April 7, 1837, reads as follows:

" By the order of court all the territory north of Livingston county is to be divided into two townships. All east of the East Fork be known by the name of Muddy Creek township, all west of the East Fork be known as Sugar Creek township." ^ .

First Elections

The county court of Livingston at the same session, April term, 1837, ordered elections to be held in both townships on May 27, 1837, for justices of the peace. The election in Muddy Creek township was to be held at the house of Daniel Devaul, and the election in Sugar Creek township was held at the house of Wm. Peery. The judges appointed to hold the election in Muddy Creek township were John Thrailkill, Daniel Devaul and Wm, Cochran, and in Sugar Creek township W, P. Thomj^son, George Bunch and Philip Wild. The house of Daniel Devaul was designated as the election precinct for Muddy Creek township, and the dwelling-house of Philip Wild as the voting precinct for Sugar Creek township. Another election was held in August, 1837, of which John Thrailkill, Samuel Benson and Wm, Cochran were the judges. This was about all that transpired in that year, but in 1838 there is recorded that James S. Lomax secured a license as retailer of merchandise and liquors at the June term of the Livingston county court, which license was dated June 25, 1838.

First Road

The first road known by any man in this wliole section of country at that day was called the Iowa trace, and mau}^ of the petitions afterward presented to the county court of Livingston county from this section was worded to start from, run to, or intersect the Iowa trace, sometimes called Iowa trail. The first petition for a road in Grundy count3% or territory of Livingston, was made by George Tetherow and others at the August term, 1838, for a road leading from Chillicothe by the nearest and best route to section thirty- five, township sixty-two, range twenty-four, which was granted by the court, and James Conner, "William Evans and Francis Preston were appointed reviewers. The next road located was from Chillicothe to the house of Wm. P. Thompson in Sugar Creek township which was ordered at the February term of the county court, 1839.

Up to this time Wm. Martin liad been the presiding justice of the Livingston county court, but at this, the February term, February 4, 1839, Wm. P. Thompson of Sugar Creek township was one of the three justices elected, comj^osing the county court of Livingston county, and on meeting of the court was, by motion of David H. Dunkerson, one of his associate justices, made presiding justice, which position he held up to and including the February term, 1841, of the Livingston county court. Grundy county then having been organized and his residence being in this county he vacated his seat.

School-Lands

An examination of the county* court records of Livingston county, show the following sections of Grundy county school-lands were ordered sold by that court. The first sixteenth section sold was in township sixtyone, range twenty-four, and this was at the August term, 1838. The next was the sixteenth section of township sixty-three, range twenty-four, which was ordered sold at the May term, 1839. At the February term, 1840, the sixteenth section of township sixty-one, range twenty -five, was ordered to be sold, while the last sold by order of the Livingston county court prior to the organization of Grundy county, was at the November term, 1840, and was the sixteenth section of township sixty, range twenty-five.

The First School Organization

within the limits of Grundy county, and also within the township of Trenton, was by order of the Livingston county court, and was congressional section sixty-one, range twenty-four. It was organized by appointing Jas. R. Merrill commissioner, and Martin Winn and Samuel Benson schoolinspectors. The first meeting was at the house of Jas. S. Lomax.

The original order making two townships out of the territory composing the present counties of Grundy and Mercer was afterward changed and these townships cut up into several others and the names Sugar Creek and Muddy Creek townships were known no more. There are no records to be found of Scott, Clark and Monticello townships, in the minutes of the Livingston county court, and as Grundy county records of the first five years are lost and destroyed, the only supposition is that these townships were formed by the first county court held, in Grundy county, after it was organized, as the records of the election of the justices of the peace for these town- ships gives the fact that elections were ordered by tlie county judges in regular sesssion. There is no mention of Liberty township either in the Livingston or Grundy county records, until 1846, and in what year the seven townships which composed the civil districts of Grundy county up to 1872 were organized, cannot be determined prior to 1846. It is easily to be believed that the townships named, formed the civil districts of the territory yet under the jurisdiction of Grundy county, until it was organized as Mercer county. By the action of the Livingston county court, the following orders are of record defining the metes and bounds of the townships hereinafter named, and which are, more or less of them, within the prescribed limits of the present boundary of Grundy county.

Februauy Term, 1839. Ordered, That a township be made in the territory of Livingston, called Washington township, to commence at the mouth of the Weldon River, running with same to the State line; thence west with the stated boundary line to where the same crosses Grand River, thence down said river to the beginning.

February Term, 1839. Ordered, That atownship be made in the county of Livingston, commencing where townships sixty and sixty-one cross Grand River; thence west to the intersection of said line with Daviess county; thence south with said line to the road leading from JeiTy Bannon's to Robert McGaw's; thence with said road to Black Mills. Said township to be called Jefferson township, running from McGaw's so as to include James Black in Jefferson township; thence to N. R. Hobbs, so as to include Hobbs in Jefferson township; thence running with Bear Creek to the mouth; thence with the river to beginning.

February Term, 1839. Ordered, That the name of Sugar Creek township, be changed to Madison township in honor of James Madison, former President of the United States.

May Term, May 6, 1839. Ordered, That a township be laid off as follows; to-wit. Beginning at the southeast corner of township fifty-nine, range twenty-four; thence north with the said line dividing sections twelve and thirteen in township sixty-three ; thence west with said line, to where said line crosses the east fork of Grand River to the township line, dividing of townships fifty-nine and sixty; thence east with the said line to the beginnmg. And the name of the said township to be called Franklin. Changed from Muddy, in honor of Benjamin Franklin.

May Term, 1839. Ordered, That a township be laid off as follows; to-wit. Commencing on range line between twenty-four and twenty-three, said line to where (lead) at the section line between twelve and eighteen, township sixty-three; thence west to the east fork of Grand River, thence up said east fork to the township line between townships sixty-three and sixty-four: thence west with said line to the main river, and all that portion of territory between said range line twenty-three and twenty-four and the main river, and north to township sixtythree, and the said township be the bounds thereof. Be called Morgan township.

May Term, 1839. Ordered, That a township be made as follows; to-wit, Beginning at the east comer of township fifty-nine, range twenty-four; thence north with the said range line to the State boundary; thence east with said boundary to where the Linn county line intersects the same: thence south with the said Linn county line to township fifty-nine; thence with the said township line to the beginning. Said township to be galled Marion township.

June Term, June 15, 1840. Ordered, That Morgan township be so divided, that the west side of Weldon Fork of Grand River be known and designated as Lafayette township.

In 1836-37, the United States government surveyed this portion of the State, and Grundy county was a part of that survey. In 1839 the government opened a hmd-office at Lexington, Lafayette county, on the Missouri River, and the Lands of the survey were thrown open to entry. At this time the country began to attract considerable attention for its splendid agricultural resources, and settled rapidly. Upon the opening of the landoffice for entry of lands, the settlers lost no time in entering the claims which they liad located, but it went hard with many, for they were unable to pay for their, lands. There was also a heavy rush by speculators who took up large tracts of land. Speculation was rife, and the lands in the beautiful valley of the Grand River, were sought for with avidity. This, however, did not last long, and those who had purchased on speculation met with a serious drawback in the opening to entry of the celebrated " Piatt Purchase," a body of land east of the Missouri River, which went by that name, wdiicli was a part of the old Indian Territory and which had, in 1836, been annexed by Congress to the State of Missouri. In 1837 the Indians were removed farther west, and the famous " Piatt Purchase" became the agricultural El Dorado of a vast throng of settlers and speculators. Tiiis at once checked immigration, and settlement of this valley that had just begun to hold out an earl}^ promise of rich fruit. It proved a serious drawback for several years, the country settling slowly. The principal trading done by the early settlers was at Glasgow on the Missouri River, nearly one hundred miles distant, and also at Richmond, in Ray county. The farmers would load up their wagons with the currency of the country, such as skins, furs, venison, bees-wax, honey, etc., with an occasional small mixture of silver and bank bills. The silver was generally hoarded to enter lands. Those who had and could spare it, who did not wish to enter more land, could loan it at a big rate of interest to those who wanted to preempt a claim.

Its Organization

In the year 1839 the legislature passed a bill detining the limits of Grundy county. The name given it was in honor of the distinguished statesman and U. S. Senator from Tennessee, the Hon. Felix Grundy. The bill passed November 12, 1839, but for all civil and judicial purposes it was to remain attached to Livingston county until its organization into a county proper.

Hon. Felix Grundy

The county of Grundy was named after the Hon. Felix Grundy, of Tennessee, and it is meet and proper that a short biographical sketch of the man should be ii-iven. Felix Grundv was born in Yirginia in 1777. In growing to manhood he had evinced studious habits and social qualities which made him popular both for his learning and that charm of manner so hetitting the young as well as the old-school gentleman of the earlier times. He was originally educated for a physician, but his mind running to law he gave up medicine and entered into a tlKn'ough course of law reading and study, and was soon admitted to practice. He was a meni])er of the constitutional convention, a member of the legislature, and judge of the Court of Errors and Ap})eals of Virginia. In the year 1807, when in his thirty-first yeai-, he was made chief justice of Kentucky, but resigned soon after and made his -home in Nashville, Tennessee. His law practice soon became extensive. His popularity gained on acquaintance, and he was twice elected to Congress from the Nashville district. In IS'ill he became United States Senator from Tennessee, took high rank among the statesmen of that day, and was an active as well as an able supporter of President Andrew Jackson. In 1838 he was appointed attorney-general of the United States, succeeding Benj. F. Butler, July 5th. He held the position until his death early in January, 1840, in the sixty-third year of his age. He was a peer among the intellectual giants of that da^, and his loss was sincerely mourned by the whole country. In naming Grundy county after such a man, while doing justice and perpetuating the name and fame of a statesman, she glorified herself while honoring, his memory.

Moving Forward

But years were being added to the settlements, and as the time passed the population had increased, and Grundy county began to assume the importance and independence of a distinct and distinctive municipal corporation. The government had finished the survey of the land, and the legislature had defined the boundaries. The population, though not great, was steadily gaining, and Chillicothe seemed too far distant to transact its civil business. It thus became apparent that a county organization was becoming a necessity and steps were accordingly' taken to accomplish it. The legislature of the winter of 1840-41 was applied to carry into effect a county organization. A bill was brought in that session to organize counties, and among the number was that of Grundy county. The act referring to Grundy county reads as follows:

"Section 13. All that portion of territory north of Livingston, and included within the following described limits; viz., Beginning at the northeast corner of Livingston county; thence north, with the section line, twenty-one miles, or to the corner of sections nine, ten, fifteen and sixteen, township sixty-three north, of range twenty-two west of the fifth principal meridian; thence west; thence along the section line dividing sections nine and sixteen, continuing said section line west to range line dividing ranges twentj-tive and twenty-six; thence south with said line to the northwest corner of Livingston county; thence east with said county line to the place of beginning, is hereby created a separate distinct county, to be called and known by the name of the county of Grundy.

" Sec. 14. The circuit and county court of said county shall be held at the dwelling-house of Jas. S. Lomax, in said county, until the permanent sea of justice for said county is established, or the county court shall otherwise direct.

"Sec. 15. John Minnis, of Linn county; Jeremiah S. Stockart and John Wolfscale, of Livingston county, are hereby appointed commissioners to select the permanent seat of justice for said county."

The bill was brought before the legislature early in January, but it was not approved until January 29, 1841. Thus, while the sections thirteen, fourteen and fifteen, making Grundy a county, were passed by the legislature January 2, 1841, the bill was not completed for several days after and not become a law until approved January 29, 1841. From that day, and not the 2d of January, was Grundy an organized county, nor was there any county business transacted prior to its approval. From the latter date, however, Grundy became a county in fact as well as in name, and assumed all the rights and prerogatives of a free and independent municipal corporation. Governor Reynolds on the same day he approved the act, commissioned Wm, Thrailkill, the first sheriff of Grundy county. His commission read as follows:

^^To all who shall see these presents, greeting: Whereas, that reposing especial trust and confidence in the integrity and ability of William Thrailkill, I, Thomas Reynolds, Governor of the State of Missouri, in behalf and in the name thereof, do hereby commission him sherift' within and for the of Grundy, of the State of Missouri and do authorize him to discharge according to law the duties of said ofiice, and to hold and enjoy the same, together with all the powers, privileges and emoluments thereunto -appertaining until the legal termination thereof.

" In testimony 1 have hereunto set my hand and caused to be affixed the great seal of the State of Missouri. Done at the city ot Jeffferson, this 29th day of January in the year of our Lord 1841, of the independence of the United States the sixty-fifth, and of this State the twenty-first.

Be it remembered tluit on this 22(1 day of February, 1841, l)etbre me, tlieundersi<^ned, as clerk of the Circuit Court within and for the county of Grundy, personally came William Thrailkill, who took an oath to support the Constitution of the United States, the Constitutii^n of the State of Missouri and to demean himself faithfully in office as sheriff of said county.

In testimony whereof, I, Tiios, W. Jacobs, clerk of said Circuit Court,, hath hereunto affixed my private seal, there being no public seal yet provided, this day and year aforesaid.

The boundary proper of Grundy county, as defined by the act of the legislature gives nearly a perfect square. The exact distances being, north and south twenty and a half (20^) miles, and east and west twenty-one (21) miles. There was no map of the county giving the original townships, as some of thelii, as will be seen by the orders of the Livingston county court, reached to the Iowa State line, which included the present county of Mercer^ Grundy county, with the above dimensions contains 427|- square miles, and in acres 273,357.39.

Lost Or Destroyed

The most important record of the county, that of the county court, the author is compelled to state, in Grundy was lost or destroyed, up to August^. 1846. It seems from the best information to be obtained that the economy and the want of information as to the value of these records by the citizens, was, in a great measure, the cause of that loss. The records of the sessions (if the county court were kept upon cap paper and at the end of each session rolled up and tied with a string. When finally done with, they were tossed into a box or into some corner, and their value supposed to be what old paper was worth a pound. This loss would not have been severely felt if this history had been written some fifteen or twenty years ago, but as it is, the loss is to be deeply regretted by all who have, or take an interest in theearly affairs of the county. It is impossible to give but a fragmentary compendium of the history of Grundy county for the first fiv^e years. The search for the records has been close and careful, and days have been given to the work of gathering from the old settlers, from all parts of the county, their reminiscences of early days, and all this and more is given. By close comparison, and with persistent effort, we have l)een able to gather much history of the county in those blank years not of record, and if it were not here mentioned, perhaps few would have found or recognized the missing link. What the county court did those years, is only found in the progress the county made in its material advancement and the political history asgathered from a few of the sages, who are yet a living reality on the world's stage. History, it is said, repeats itself, but the record of pioneer life, and of the dead past, is not likely to again loom up in the history of Grundy county, and whenever it may repeat itself, to this people it will be a barren result.

County Justices

The first justices were Jewett Norris, liobert Peery, Isaac J. Harvey, and Benj. F. Woods. Jewett Korris was president of the justice court and so signed himself. The first elections for justices of the peace were held on the 20th day of March, 1841. They were held in several townships on that day. On June 19th other townships held electious for two or three, each, as the law required, and the curiosity of these elections was that while eleven municipal townships were defined by the election of these justices, their metes and bounds are not of record in any book or writing yet discovered. A list is given of the justices elected during the year 1841, and from their respective townships also is published a verbatim copy from the records of the election of one and his oath of office:

" This day personally appeared before the undersigned a justice of the peace within and for said county aforesaid Alexander Work and made oath that lie would support the constitution of the united States and of the State of Missouri and faithfully demean himself in office as Justice of tlie Peace of marion Township and County aforesaid sworn to and subscribed to before me this 17th day of May 1841.

Wilson Ct. Perkins was the other justice elected from this township. In Washii\gton township, March 20th, 1841, an election for justices ot the peace was held at the house of Benj. V. AV'ood, and Wni. lieed and Wesley lleynolds were elected.

In Jefferson township, same date, an election was held at the house ot Jos. Sherring. Jas. Nordyke and Zela Conkling tied, each receiving twenty-two votes and the justices appointed Jas. Kordyke. Mr. James Johnson was elected at the same time.

Jewett Norris and Richard Minchel were elected. Those elections were certified to June 21, and they took the oath of office June 30, 1841. On the 2d day of August, James R. Merrill was also elected a justice of the peace in this, Monticello, township.

Wm. Schooler and Wm. P. Fitzpatrick were elected justices of the peace for Franklin township, the election being held June 19, 1841, at the house of David Ashbrook.

Scott township elected Geo. Wood and Harrison Weldon as justices of the peace. Election August 2, 1841, and at the house of Allen Scott. The latter removed in February, 1842, and the county court appointed John Dunkerson in his place.

Madison township elected Wm. Renfro March 20, 1841. He resigned, but was appointed August 10, 1841, and seems to have served. The election was held at the house of Isaac J. Harvey. Evans Peery was elected at the same time.

Dr. Wm. P. Thompson was one of the original justices of the peace. Xo record can be found of the election of the following justices, but all were serving at that time, April, 1841: Dr. Wm. P. Thompson, Jewett Norris, Robert Peery and Isaac J. Harve3\ William Donnellin was also elected from Monticello, June 19, 1841.

The election for justice of the j^eace in Morgan township was held at the grocery store of James Morgan, August 2, 1841, and John Lambert was elected.

A large number of justices were also elected in 1842, some to fill vacancies by deatli or resignation and others for new terms. James Nordyke, of Jefferson township, died and his successor, Michael Hornback, was appointed June 21, 1842. Andrew J. Walker, of Trenton township, resigned and the county court, May 4, 1842, ap{)ointed John C. Griffin to fill, the vacancy. Walker had been appointed to fill the vacancy of Richard Minchel, resigned.

County And Circuit Clerk

An impression prevails .among the few old settlers now living that Dr. W. P. Thompson, the untiring physician and true-hearted man, was the iirst clerk and acted as such at the first and second sessions of the county court, but of this it is impossible at this day to find a record, or an old settler who can distinctly call the matter to mind. There had been a session of the county court, on or about the first of March, ordering an election of justices of the peace in several townships on the 20th of March, 1841. On that day Thomas W. Jacobs signs himself as clerk, and is so recognized by the first circuit court held in Grundy county, April 4, 1841. Mr. Jacobs was a brother-in-law of James S. Lomax and came with Mr. Lomax from Ray county. He held the position of circuit and county clerk about five years. He proved an efficient clerk and stood high among his fellow citizens. The records of 1845 of the book in which commissions were recorded are, also, among the missing, and the next clerk mentioned is the Hon. Geo. H. Hubbell, to this day a leading and honored citizen of the county.

It will be seen from the records that at the organization of Grundy county eleven townships completed her municipal division, that justices of the peace were elected from each and that this division continued as late as January, 1845, if not until 1846. The townships were named as follows: Monticello, Trenton, Scott, Franklin, Lafayette, Morgan, Marion, Clark, Jefferson, Madison and Washington.

The first book of record of the county court is Book A, and its first entry for records is August 6, and it iS in that year (1846) that the seven townships are first mentioned, and it was upon the ordering of an election to vote for congressman to fill the vacancy caused by the resignation of the Hon. Sterling Price, of Chariton county. His successor was Wm. McDaniel, of Marion county. The next important feature was the first session of the Circuit Court.

It was a little over three months after the organization of the county before the first session of a circuit court M^as held in Grundy county. It is found of record, as follows:

Circuit Court

Be it remembered that at a Circuit Court bes^un and held at the storehouse of James S. Lomax (the temporaiy seat of justice for Grundy county, in the State of Missouri), on the 8th day of April, A. D. 1841: Present - The Hon. James A. Clark, judge; Wm. Thrailkill, sheriff; Thomas W. Jacobs, clerk.

This being the first court held, the business of the same, as well as of the county court, was all transacted in a log building built by the settlers and called tlic 15aptist Cliurch. It was near the old grave-yard and did duty as a court-house for a number of years. The town of Trenton at that time was known as "Lomax Store," and went by that name, as will be seen by the record above, and was also known as " Bluff Grove." The Hon. James A. Clark produced here the following commission as judge of this, the eleventh judicial circuit and of this court, which was ordered to be recorded; to-wit,,

Benjamin F. Stringfellow, Esq., produced in court here the following commission as circuit attorney for this, the eleventh judicial circuit, which is ordered to be recorded; to-wit.

The following named gentlemen having procured their licenses, were ordered to be enrolled as attorneys of record of the court; to-wit, Amos E,ees, Wm. G. Slack, Robert Ewing, B. F. Farr, James H. Savage, Philip L. Edwards and James Conner. Many of these gentlemen were lon'^ members of the bar in this judicial district.

Who being sworn, and having received a charge, retired to consider of their presentment. They returned seventeen indictments, recorded as follows :

State V. Richard Lommc^ card-playing; State v. Waddy L. Curran, betting; State V. Ahraham Cavault^ betting; State v. sa?ne, card-playing on Simd-^y ; State V. A?2 drew I. Walker, betting; State v. same, playing at cards ; State v. Jacob Applegate, card-playing on Sunday ; State v. Waddy L. Curran, card-playing on Sunday; State v. John Tatmctn, card-playing on Sunday; State v. Benj. Toionsend,Q,iiV(\.--\^\^ymg', State v. Joseph Applegate, betting; State v. same, card-playing on Sunday; State v. SamH

Andrew I. Walker pleaded guilty on both counts and threw himself on the mercy of the court, and was fined eight dollars, four dollars on each charge.

Abraham Cavault didn't scare worth a cent, and stood his trial on a plea of " not guilty." The judge and attorney both acknowledged that the evidence was against them, and the attorney announced to the court that he

Mr. Jno. Harris's case tor perjury was carried over to the next term of the court by agreement. His bail was lixed at $1,000, and he was recommitted to the common iail of the county.

The court in those days seemed to have but little general legal business, not enough to pay expenses of the court, so the grand jury was called on to fill up the gap by criminal indictments, and they, went to work with a will. It is proven by the Circuit Court records that card-playing was one of the leading amusements of that daj, as was also betting at cards and on the elections. The same record will- show that the grand jury made it their business to indict every man who played cards. They indicted about all the county officers, the merchants, lawyers, doctors, etc., in one grand swoop. The ii\dicted ones would go up to tlie court, plead guilty, ask mercy of the court and walk off after paying from five to ten dollars fine, each. Then the players would get together and lay for that grand jury.

The fact is, " they all did it,'' and when court adjourned, the '' boys " went to work to play with the late members of that august body, and by the tiine the next session of court came round, some three months later, they had the entire grand jury. When the new grand jury was installed, the " boys " then stepped forward like little men, and had the ^jrevious grand jury indicted to a man, for playing cards or allowing card-playing in houses in their possession. It didn't take a great many years to convince the grand juries that card-playing wasn't so much of a criminal affair as was at first supposed. But by that time civil and criminal suits had become numerous enough to make expenses without calling on innocent and funloving gentlemen to contribute their mite to support the law and its worthy ofticers. There was a good deal of this kind of fun going on in those good old days, and many a diamond cut diamond afiair is hidden away in the forgotten record of the past.

The first suit entered upon the record as the first after Grund}^ county was organized, is that of Leroy Templeman vs. Joseph Ajypltgate The plaintift" asked leave to amend his declaration by filing two additional counts, and the suit was then postponed and the defendant had leave to plead to the said plaintiff's declaration at the next term of the court.

A motion to quash the writ of summons was overruled by the court, and the defendant was mulct in the full sum claimed by plaintifi', $168.75, damages $27.40 and the court also kindly consented to said defendant paying the costs.

These are the first cases of record. Harris for ]>ei-jury was suhseqiieiitly discharged, being declared not guilty. As the record shows no grand juror's names for the first jury, the following names have been gathered as a part of that jury: Jas, K. Devaul, Wm. Metcalf, Jas. U. Cash, Jasper Eoyce, Archibald J'eery, Joseph Collier and Jesse Miller; Judge Devaul and Di'. Peerv l)ein<>: the only survivors.

The second grand jury was called August 5th, 1842, at the second term of the Circuit Court, and the following named compose the full jury for that term: Evans Peery, foreman; Wm. Collier, Robt. B. Moss, Thos. Hamilton, James Nordyke, rJethro Sires, Al)ram Fields, Benj. F. "Woods, George Henson, Moses Kirkendall, James Winn, Martin Winn, Wm. Donnellin, Rich. Minchel, Jas. Simpson, Alfred Caldwell, Jno. L. P. Marshall and Thos. Ogle. This session proved of but little importance, except in one instance. It was made up of but few indictments by the grand jury, and the docket cases were principally civil suits, with the exception of John Harris who 'was on trial for perjury, on which charge he was declared not guilty, as heretofore mentioned.

County Seat Imbroglio

The importance of this, the second session of the Circuit Court, was the Opening of the county seat fight in dead earnest. Trenton, or rather the citizens of Bluff Grove, or Lomax Store, looked upon the county seat as belonging to them by the right of possession, by the right of old age, and the known fact that it was nearer the center of the county than any other village or settlement the county could boast of. The river was here, the water-power was of value, mills, both flour and saw-mills could be put up, and in fact nature had designated this Bluff as the seat of a thriving town which would loom up into metropolitan proportions. All this was more than satisfactory to the citizens of Lomax Store, or Bluff Grove, and, as it seemed afterward, on a test of the question, satisfactory to the people of the county. But Lincoln township could not see anything in these statements worth a rush. The people of that township had already made history and proposed to make more. They wanted that county seat as near the geographical center of the county as the nature of the country would admit, and they went to work to get it; to make history and to kick up a row, declaring that that part of sections thirty-four and three of congressional townships sixty-one and sixty-two, range twenty-four should become the proud metropolis of Grundy county with the waters of the Big Muddy to baptize the infant " future great." This location was within a mile of the geographical center of the county. At the time of the organization the metes and bounds -of the county had been defined by the legislature, the latter, also, appointed three commissioners to locate the county seat. It seems that they decided the question earlj^ in May, and it proved an ominous blow at the prosperity of Blnff Grove, which then had really some pretension to being a village while the site located was yet in its primeval state, or in other words, it was in the woods and a few stakes driven here and there marked its boundaries. Lincoln was happy; that is, the Bain-Kelso settlement and all around them felt in a good humor, for they had won. But as there is many a slip between the cup and the lip, this proved no exception, and Bluff Grove, headed by James S. Lomax and eighty acres of land at his back free to the county, led the troops located on the banks of Grand River, while Georo-e Tetherow led the forces marshaled in the bottoms of the Bis' Muddy. From this time on we will let the records show the progress of events and the final defeat of George Tetherow and his forces, who kept the field just as long as the law would let him. It must be understood that the commissioners while deciding this question in May, were to report to the Circuit Court at the August terra, and that since the count}^ had been organized in the previous January, the county business had been transacted at Bluft* Grove or Lomax Store. Now for the record. The first one is the report of the commissioners appointed by the State, who handed it to Thos. W. Jacobs, circuit clerk, to file and present to the court at its coming session in August. These gentlemen were from adjoining counties and were, as they claimed to be, unbiased as to their decision, and their action was undoubtedly under the belief that a central location would please all.

"At a circuit court for Grundy county, in the State of Missouri, begun and held at Lomax Store, the temporary seat of justice for said county, on Thursday, the 5th day of August, 1841, amongst others were the following proceedings; to-wit,

"Be it remembered that on this day came John W. Minnis, John Wolfscale and Jeremiah J. Lockhart, commissioners appointed by the legislature of the State of Missouri to locate the permanent seat of justice for Grundy county, and filed in court their report, as follows:

'-To the Honorable, the Judge of the Circuit Court of tlte county of Grundy, State of Missouri: - We, the commissioners, appointed at the last session of the legislature of the State of Missouri, for the purpose of locating a permanent seat of justice for the county of Grundy, beg leave to offer the following as the result of their proceedings: Having met in pursuance of law, we proceeded to examine the face of the country, and have selected a part of sections 34 and 3 in townships 61 and 62, range 24, as exhibited in the inclosed deeds and papers.

" Which report having been read and lieard by tlie court here, and the title of the land in said report mentioned having been examined by the court, and the court being satisfied that the same is perfect and sufficient, it is ordered by the court that the county court of Grundy county aforesaid be certified of the same.

The knowledge of the true purport of the above document put Bluff Grove on her mettle, and the location in the woods was not to be thought of Petitions were at once drawn up and sent out to every section of the county, and the bearers of these petitions bore the strange device, Excelsior." Bluff' Grove was going forward and higher. These petitions, some ten in number, read as follows:

"Jb the Honorahle, the County Court of Grundy county, Missouri: - Your petitioners would respectfully represent to your honors that the seat of justice of Grundy county, Missouri, has been located, and not agreeable to our wishes, therefore we, your petitioners, would, and do prefer the seat of justice at the store of James S. Lomax, in said county, and would, therefore, pray your honorable body to appoint five commissioners to locate the seat of justice according to law, and your petitioners will ever pray."

The names followed. Indorsed on the back of each one of these petitions, in a bold, manly hand, and a regular John Hancock signature, of revolutionaiy memory, was the following:

" For which I, James S. Lomax, bind myself to donate to the county eighty acres of land, at Bluff' Grove, for the location of said seat of justice. " May 18, 1841. James S. Lomax."

Lively work brought in two hundred and sixty names, which was in excess of the number needed, three-fifths of the last vote. polled in the county being all that was necessary. They counted a less number than here given, but the petitions show 260 names, and they came from every quarter of the county. While the minutes of the county are not to be found, the report of the five commissioners to the circuit, by the order of the Grundy county court, shows that on the return of the petitions with the names thereon, that a session of the county court was convened and five commissioners, as prayed for by the petitioners, were appointed. These commissioners, like those appointed by the State, were from adjoining counties, but not like the State appointees, their work was all cut out and their principal business was to stake out Mr. James S. Lomax's eighty acres of land, get the deed and make their report. They did so in the words following:

" To the Honorable Judge of the Grundy Circuit Court: - In compliance with tlie order of the Grundy county court to us directed as commissioners appointed by said court for the purpose of locating the permanent county seat of said county, respectfully report that we met on the ground selected by the petitioners of said county on the 5th day of August, 1841, and after being duly qualified, proceeded to the discharge of our duties, and after examining the ground within the boundary prescribed by law, have selected the following described premises for the permanent county seat of said county; to-wit,

" Beginning at the half-mile corner stake, being the northwest corner of the northeast quarter of section num])er twenty, of township number sixtyone, range twenty-four, running south 125 poles to a stake; thence east ninety poles to a stake; thence north twenty-eight poles to a stake; thence east seventeen poles and four links to a stake; thence north ninety-seven poles to a stake; thence west 115 poles to the place of beginning, containing eighty acres, donated by James S. Lomax for the use of said county for the county seat, to which premises we, the commissioners, have received a deed for the use and behalf of said county, and which deed is herewith attached.

The foreo^oino- document was indorsed on the back as having been " tiled for record this 6th day of August, 1841. (Signed) Thos. W. Jacobs, Clerkr

The legal proceeding instituted by George Tetherow now comes in, and from liis legal papers on "file, the reader gets something of tlie proceedings of the County Court to which he refers; also of their action in this county seat contest. As tlie August term of the court had overruled his motion not to vacate tlie county site from the banks of the Big Mudd}^, and did relocate it at " Lomax Store," Tetherow commenced his legal light through Wm. Y. Slack, his attorney, on the County Court. His first legal document reads:

" George Tetherow, a resident householder of Grundy county, Missouri, by his attorne}^ Wm. Y. Slack, moves the court here: First, to rescind the order made by the court on the 30th day of June, A. D. 1841, at a special term thereof, receiving the petition of James Livingston and others for the removal of the county seat of GruiKly county, Missouri, and ordering the same to be filed, and also appointing Thos. R. Bryan, Thos. Jennings, Samuel Fernandis and others commissioners to locate the county seat of the said (Irundy county, Missouri. And, second, to rescind all further orders and proceedings made and had in this said court rehitive to or concerning the removal of said county scat of Grundy count3^

" Be it remembered, that on the 13th day of September, A. D. 1841, at a special term of County Court of Grundy county, Missouri, George Tetherow, by his attorney, moved the said court to rescind an order made at a special term of said court, held in June, A. D. 1841, receiving a petition of James Livingston and others, for the removal of the county seat of said county, and appointing commissioners to relocate the same, etc., and also to rescind all further orders made in reference to said removal of said county seat". Which said motion said court overruled and to which said opinion of the court the said George Tetherow excepts, and prays that this, his bill of exceptions, may be signed and sealed by the court here, and made a part of the record in said proceedings, which is accordingly done.

The attorney for George TetheVovv now demanded a full and complete copy of all the papers in the case up to date, which was October 28, 1841, of the County Court, and the clerk proceeded to do so, in which we gather some further actions of the County Court in the case. The papers start out with the proceedings of the June term. These papers were indorsed:

Note. - Here follows a copy of the petition, which is given on a previous page, witli Mr. Lomax's indorsement, promising to give eighty acres of land.

''Ordered, That the petition of Jas. Livingston and others, for to remove the county seat of Grundy county, Missouri, is ordered to be filed, which is done accordingly, and after an examination of the tax -book of the taxable inhabitants of the county of Grundy, it is found that there appears on said tax-books to be 312 taxable inhabitants found to be on said taxbooks, and it is found after an examination of said petition to be 238 petitioners of the said taxable inhabitants, which is over three-fifths (3-5) of the taxable inhabitants of said county as ascertained by the last tax-list made and returned. And it is further ordered that Thomas R. Bryan, Thomas Jennings, Samuel Fernandis and John Austin, of Livingston county, and Jas. H. Willson, of Daviess county, be and they are hereby appointed commissioners to locate said county seat of Grundy count}', Missouri, according to said petition, to meet at the dwelling-house of Thos. W. Jacobs, in said county, on the 5th day of August next, to locate said county seat agreeable to said petition and law.

"Be it remembered that a county court began and held at the store house of Jas. S. Lomax, in said county of Grundy, on Monday, the 9tli day of August, A. D. 1841, present, justices of the county court Jewett Norris, Isaac J. Harvey and Robert Peery, and James Boies, dept. sheriff of said county, and Thos. "W. Jacobs, clerk. Amongst others was the following proceedings; to-wit, At this day came Thos. W. Jacobs, clerk of the Circuit Court of Grund}'^ county, and presented to the court here a coj^y of the orders and proceedings of said Circuit Court approving the title to the lands selected by John Wolfscale and other commissioners appointed hy the legislature of the State of Missouri, to locate the permanent seat of justice for Grundy county, together with the report of said commissioners as made to said Circuit Court, which orders and report were as follows; viz..

"At this day came Thos. W. Jacobs, clerk of the Circuit Court of Grundy county, and presented to tlie court here a copy of the order and pro- ceedings of said Circuit Court approving the titles to the lands selected hy Thos. R. Bryan, John Austin, Sain'l Fernandis, Thos. Jennings and Jaines H. AVillson, commissioners appointed by the county court of Grundy county and State of Missouri, to locate the permanent seat of justice for Grundy county, together with the report of said commissioners as made to said Circuit Court, which orders and report are as follows; to-wit,

" At a Circuit Court began and held for Grundy county, in the State of Missouri, at Lomax Store, the tem])orary seat of justice for said county, on Tliursday, tlie 5th day of August. Amongst others were the following proceedings: On Saturday, August 7th, 1841, court met pursuant to adjournment. Present, same as 3'esterday. Be it remembered that on this day came Thos. R. Bryan, Thos. Jennings, John Austin, Samuel Fernandis, and Jas. H. Willson, commissioners as appointed by the county court of the county of Grundy, in State of Missouri, to locate the permanent seat of justice for said county, and filed in court here their report as follows; viz.,

" Which report being heard and read here, and the title to the land therein mentioned having been examined by the court here and adjudged to be perfect and sufficient, it is ordered by the court here that the county court of Grundy county, aforesaid, be certified of the same.

*' I, Thos. W. Jacobs, clerk of the said Circuit Court, do hereby certify that the foregoing is a true copy of the record and proceedings of said orders in said cause.

" Which said orders and report are directed by the County Court here to be filed in the office of the clerk of this court, which is done accordingly.

" Be it remembered that at a county court began and held at the store of Jas. S. Lomax, in said count}- of Grundy, on tlie 13th day of September, 1841, present, justices of the County Court, Jewett Norris and Robert Peery, Wm. Thrailkill, sheriff, and Thos. W. Jacobs, clerk. Among others were the following proceedings:

" Now at this day came George Tetherow, a resident householder of said county of Grundy, by his attorney, and filed his motion, to rescind an order made at a special term of this court held in June, 1841, which motion is in the words and figures; to-wit.

"Which said motion being heard, is overruled by the court here, whereupon the said George Tetherow, by his attorney, excepts and files here in court bis bill of exceptions, and prays tbat it may be made a part of the record in tliis proceeding, which is accordingly done, which said bill of exceptions is in the words and figures as follows; to-wit,

" I, Thos. W. Jacobs, clerk of the Count}' Court of Grundy county, Missouri, do hereby certify that the above and foregoing is a true and perfect transcript of all the entries, records and proceedings, had and made by the County Court of Grundy connty, Missouri, relative to the removal of the county seat of Grundy county, Missouri.

"In witness whereof, I, Thos. W. Jacobs, clerk of the Connty Court of said county, have hereunto set my hand and private seal affixed (there being no official seal provided by said court), at my office, this 28th day of October, A. D. 1841.

^" To the Couiitij Court of Gi'Uiidy county, greeting: Whereas, It has been suggested to us that in the orders and pi'oceedings, had once made by you, in and about the removal of the county seat of said Grundy county, there is manifest error, and these are therefore to command you, that you transmit to our Grundy Circuit Court, and at least thirty days before the first day of the next December term thereof, a true and perfect transcript of all the record and proceedings had and made j'elative to the removal of the county seat of said Grundy county, in y(jur said court, so that the same may be in our said Circuit Court now fully adjusted.

" Witness, Thos. W. Jacobs, clerk of said Circuit Coui't, with his hand and private seal affixed (there being as yet no official seal provided), at office this 27th day of October, A. D. 1841.

" I executed the within by making out a true and perfect transcript of all the records and proceedings had and made by the County Court of said Grundy county, Missouri, relative to the removal of* said connty seat of Grundy county, this 28th day of October, A. D. 1841.

- That at the time James Livingston and others filed their petition praying the removal of the county seat of Grundy county, and said county seat was not established, and that there was no county seat established in said county of Grundy at that time.

" Second - That the acts and proceedings of said County Court, had and made relation to the removal of the county seat of said Grundy county that were premature, and are null and void.

" And the said plaintiff by his attorney, Slack, with the leave of the court here, had asked and obtained asssigns as error committed by the County Court of said Grundy county, relative to the removal of the county seat of the said county of Grundy.

" First - That said County Court erred in overruling said plaintiff's motionfiled in said court, moving said court to set aside and rescind an order made by said court, receiving the petition of James Livingston and others, and appointing commissioners to relocate said county seat of said Grundy county. And that said County Court erred in every act, order and proceeding had and made relative to the removal of said county seat of said Grundy county.

"And the said defendant in error comes and joins in the assignment of errors in this case and says there is no error in the record or proceeding of the County Court of Grundy county in the case of George Tetherow vs. The Co2C7ity of Grundy as in the within assignment alleged.

" The said Tetherow, by his attorney, moves the court here to set aside the judgment rendered in tliis cause, affirming the judgment of the county court in this cause.

" And be it remembered that on the third day of said term, the said cause was called up for hearing: "Whereupon the court affirmed the proceedings of the County Court of said county, to which opinion of the court in affirming the same, the said Tetherow, by his attorney, excepts, and. prays the court here to allow the same and to sign and seal this, his bill of exceptions and make it a part of the record in this cause, which is accordingly done. [seal.] " James A. Clark."

" Which said motion the court here overrules, to which opinion of the court here, the said Tetherow excepts and prays that the same may be allowed by the court here, and that this his bill of exceptions may be signed and sealed by the court here and made a part of the record in this cause, which is accordingly done.

As the Circuit Court overruled every motion made by the plaintiff, through his attorney, it seemed at last to Tetherow that he was making a hopeless light and that Lomax Store was destined to be the "Futnre Great" of Grundy county. Mr. Tetherow failed to appear, and Wm. Y. Slack, his attorney', slacked up in his legal efforts to squelch the rising importance of Lomax Store aforesaid. That is, it is thus given to appear by the following short but pithy order of the court, which reads:

That was all, and there is no further record of the great county seat tight in the proceedings of the court. The non-appearance of George Tetherow in the latter part of the December term of the Circuit Court of 1841, and the summary removal of the county seat case from the docket ended the struggle, and the next move was to have the eighty acres, donated by Jas. S. Lomax, surveyed and mapped. This was done. F. W. Poage, of Gallatin, and Mr. Jonas Boyce, the first county surveyor, and Mahlon H. Harlan, commissioner of county seat, laid out the town and subdivided it into blocks and lots, and the town moved slowly along from that time. In fact, the ju-ogress of Grundy county in population and wealth Avas very much after the rest of the State, slow. Immigration though steady was not great, yet Grundy received her share of those who settled north of the Missouri River.

The first election for county officers took place on the first and second dav of August, 1842, but, as j^reviously mentioned, no record of these elections can be found, with the exception of that of William Thrailkill for sheriff*, and the justices of the peace for the several townships, wliose commissions we find on record.

The following is a true copy of the oath of office and the original bond given by Sheriff Thrailkill on taking possession of the office of sheriff and collector. He succeeded himself, having, as recorded, been appointed by the governor. The record:

"I, Thos. W. Jacobs, clerk of the County Court, do hereby certify that Wm. Thrailkill was duly elected sheriff of the county of Grundj', on the first and second days of August, 1842.

'- In witness whereof, I, Thos. W. Jacobs, clerk of the County Court of said county, have hereunto set my hand, and private seal affixed (there being as yet no official seal provided for said court), at my office this 8th day of Angust, A. D. 1842.

" Personall}' appeared before me, Thos. "W, Jacobs, clerk of the County Court, within and for said county, William Thrailkill, and took an oath to support the Constitution of the United States, and that of Missouri, and to faithfully demean himself in office as sheriff of said count}^, for the term of two years.

" In witness whereof, I, Thos. W. Jacobs, clerk of the County Court of said county, have hereunto set ni}' hand, and private seal affixed (there being as yet no official seal provided for said court), at my office, this 20th day of August, 1842.

KnoiLi all men by these jyresents: That we, William Thrailkill, John Shinn, Willis G. Atkinson, Sam'l Knight, George Brawner, William Este, Moses Sheam and Asa Boyce, are held and firmly bound to the State of Missouri in the sum of twenty-two hundred dollars, to the payment of which well and truly to be paid, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of above obligation is such that whereas the said Wm. Thrailkill was, at the August election, in the year A. D. 1842, duly elected sheriff" of the county of Grundy, by virtue of said office is collector, ex officio, for the said county of Grundy, for the year 1842. Now if the said William Thrailkill will faithfully perforin all of the duties of such othce, then the above oblio-ation will be null and void, otlierwise to remain in full force and effect. ''Given under our hands and seals this 23d day of Auj^ust, 1842.

New Court-House

The same year, 1842, a contract was made to build a new court-house. The ohl log Baptist church had been doing duty for a year or more, and Jas. S. Lomax's office, and the woods to which the juiy generally went to carry on their deliberations and bring in a large batch of indictments for selling liquor without a license and for card-playing, some of the indicted ones declaring that quite a immber of the aforesaid grand jurors being engaged in a quiet game while the others brought in the indictments. This would be good history if the stories thus reported could have some authentic backing by wa}' of corroboration outside of the spirit of retaliation in which the}: seemed to be made. That the grand jury took to the timber for delibg-ations, and that they brought in generally a large number of indictments, is true, but what else they did is not of record, though the charges are not altogether improbable. The contract was taken by AVm. Collier. Larkin Ilichardson and Joseph Thompson, all of Howard county, in March, 1842, and the building stands to-day a monument to the work of honest <;ontractors and their faithfulness to their contract. They did their work honestly and welL The cost was to be, by the original contract, six thousand dollars. The superintendent of public buildings for Grundy county was Andrew J. Walker, and following we give verbatim copy of the contract as entered into by the high contracting parties, merely mentioning that Wm. Collier became an honored citizen of Trenton, and Grundy county:

The Contract

" Article of agreement made and fully agreed upon the eighth day of March, in the year of our lord one thousand, eight hundred and forty-two, between Andrew J. Walker, superintendent of publick building in the couTity of Grundy and State of Missouri, on the one part; and William Collier, Larkin Kichardson and Joseph Thompson as principal, and John B. Clark, Samuel C. Major, David Kemble, Nathaniel Ford, A. Patterson and Robert Lynch, their security, of the county of Howard and State of Missouri, of the other part, witnesseth: The said William Collier, Larkin Kichardson and Joseph Thompson shall and will on or before the first day of July, eighteen hundred and forty-four, in good and workman-like manner well and substantially erect, set up and finish one brick house, for a court-house, in the Town of Trenton, in the county of Grundy and State aforesaid, on block number two, thirty feet from Water street and thirty feet from Trenton Avanew, after the plot of said town of the. following dimensions: Forty-five feet long and forty feet wide. The length of said house fronting Water street. The foundation dug below the surface of the ground at the lowest part two feet deep and two feet and one-half wide, brought to a level with the surface of the ground at the lowest part of the ground with small stones pounded in. A wall thereon of stone dressed, eighteen inches high from the highest part of the ground from the surface. Coast work best hamered, with a wash cut three inches wide and one-half incli bevel, and two feet wide, all the stone wall to be grouted. The balance of the Avail to be brick laid in flemish bond. Eighteen inches thick the first story, and thirteen inches thick the second story. The higth of the brick wall twenty-six feet, the first story fourteen feet high and the second story twelve feet high. Two doors, one fronting Water street and the other fronting Trenton Avanew, each outside door venition transum overhead, Jam pannell each, one pannell plain, pilasters out and inside door, shutters each four pannels, painted outside a rock colour, twenty-one windows arranged after the plan of said plot hereto attached, twenty-four lites, each ten by twelve glass, sash of wallnut timber. Frames to be made of three inch stuff, window sells and caps of stone, the caps five feet, two inches long, cut with blocks and fillet sells, suitable length and thickness. The frames of the windows to be worked with a round Gothick joist, all to be twelve inches wide, three inches thick. Four girders, twelve inches squar each to be the full length of the house, solid timber. Cornish to be project twenty inches over the wall, to be a box cornish. Gothick cupelo, to be twenty-one feet high to the top of the dome, the base thirteen feet squar, four feet high, the base to be plain sealed up, the boards to run up and down with a heavy top of ten inches. From the top of the base to the eve of the dome eleven feet, the base to be Eight Squar, finished with venition bliues; rod to be eleven feet high. The top of the dome covered witli thick tin suitable for siicli work. Bar, oi' lowin-flooi-, to bo nineteen feet by forty, to ])e raised seven inclies al)ove the brick or lobv tlooi'. .ludore's seat to be raised three feet above the floor, front to be pannelhMl two feet six inches above the floor of tlie seat. Steps or stars from the seat l)anistered and liand railed. Jurau's seat to be raised two feet above the floor, the backs to be panelled, front to be banistered and hand railed all round, to be six feet squar. Attoney's tables to be seven feet lono^ and two feet wide. Wash boards to be twelve inches wide, plain, oidy worked with a rabit worked on two inches wide, one-half inch deep. C'heer boards in the lower story rabited the same as the wash boards. The pilasters to be seven inclies wide.

"Window and door casing to be fln'ished with plain pilasters, plain blocks in the corners. The lower story to have one fire place, with plain lieavy mantle piece with a top two inches thick, nine inches wide, col urns, plaits and blocks in proportion. Upper story, wash boards nine inches wide; cheer boards five inches wide. Four fire places, chimney pieces same as below, with a flew seperate from the flew of the upper chimneys from the lower story to receive the pij^e of two stove pipes, one on each side of the bar. Entry, nine feet wide in the upper story, to be divided into four rooms; a door to enter each from the entry, six pannels each. Sash and venition blines all to be one and one-half inches thick. Four colums in the lower story turned twelve by fourteen inches in diameter, for the support of the girders. One lightning rod, three-fourths of an inch bar iron to extend two feet above the rod of ball and dart ; to be pointed with steel (magnetted); to have three prongs; the rod of ball and dart to have one ball two and one-half feet in diameter, and a dart, both to be gold leafed. The loby to be floored with brick, to be filled up level with the door sills with pounded in. The brick to be laid in sand; the fioor of the upper story and bar of good oak plank, five inches wide and one and one-quarter of an inch thick. The wall to be plastered with three coats, the ceiling above, one; below and petition walls to l)e lathed, and plastered with three coats each. Inside of the house to be painted a led colour; door and window frames to be ])ainted, outside, white; cupelo, white; all three coats; the top of the dome two coats painted. The top of the house covered Avitli Avallnut shingls to avrage four inches wide and three-quarters of an inch thick at the but; (gaged); nailed on with four penny nails; nailed to oak sheeting plank; nailed on with eight penny nails. The sheeting plank to be squar edged, laid clost togather. The rafters all to be sawed timbers; the roof to be four squar and painted a Spanish brown. The cornish painted white. The rod of ball and dart, up to the first ball, to be not less than two inches in diameter, the balance of the rod one and one-half inches in diameter. In consideration whereof the said Andrew J. Walker doth, for himself or his successor in office, covenant and promise, to and with the said William Collier,

Larkin Richardson and Joseph Thompson, their executors and assignees, well and truly draw a warrant on the treasurer of the county of Grundy, for the sum of six thousand Dollars, to be paid in two installments; (to-wit.), the sum of two thousand Dollars on the first dav of November, eiMiteen hundred and forty-two, and the sum of four thousand dollars when the aforesaid house is finished: Conditioned, if the house is complected before the first day of November, 1843, the payment is not due until that time. And if not complected before the first day of July, 1844, the last payment is not due untile the compleetion of the work.

" It is further agreed that aforesaid Wm. Collier, Larkin Richardson and Joseph Thompson, their heirs, executors, administrators or assignees, shall and will at their own expence find and provide all the stone, Inick, timber and other materials necessary for making and building the said hoiise. It is further agreed and understood that all things not stated in the above described house, that is left out, t() make it complete after the plot of said house, hereto attached, after the manner of such buildings, shall be furnished and finished in a workman-like manner by the undertakers, and shall be as binding as if specified above, and for the true performance of all and singular the covenants and agreement aforesaid, bind themselves, their heirs, executors and administrators unto the county of Grund3% in the penal sum of twelve thousand dollars, firmly by these presents. In witness whereof we hereunto set our hands and seals, this the eighth day of March, one thousand eight hundred and forty-two. Signed, sealed and acknowledged,

The above agreement was written in an easy, fiowi ng hand, still plainly legible, though the paper is yellow and worn with age. With the exception of the punctuation, the document is given verhatlm^ and is quite a curiosity, compared with similar papers of to-day. Below is given the first deed recorded in Grundy county. It is, also, remarkable for its quaint wording and peculiar' style of spelling. It is printed verhatlm:

First Deed Of Rkoord

"-This iiideutiire made the 18th day of Marcli in the year ol" oiir Lord, one thousand, eight huiuh-ed and forty-one, between George Peery and Jane his wife, of the one part, and Milton L. Moore of the other part, of the Connty of Grundy and State of Mo. Witnessoth tliat the said George Peery and Jane his wife, for and in conciduation of tlie sum of one hundred dolhirs to them in hand paid, the receipt whereof is hereby fully acknowledged, hath Granted, bargained, sold, confirm and conveyed, by these presents doth grant, bargain, sell, confirm and convey unto the said Milton L. Moore and his heirs and assigns forever, all of the two following discribed tracts of land, being and being in the county of Grundy and State of Missouri, in all containing eighty acres of land, be the same more or less, to be particularly known hy the following numbers, (viz:) one piece containing forty acres, being the north half of north west half of the north west quarter of section no. thirteen in Township no. Sixty-one of range no. twenty-five north of the base line and west of the fifth principal Meredian: one other piece containing forty acres, being the north half of the north east half of the north west quarter of section no. thirteen in Township no. sixty-one of range no. twenty-five north of the base line and west of the fifth principal Meredian: To have and to hold all of the above discribed tracts of land together with all and singular the hereditaments and appertenances ther belonging or in any wise appertaining, and also all the estates, right, title, interest, claim or demand whatsoever of him, the said George Peery and Jane his wife, either in law or equity, of, in and to the above disscribed tracts of land and all and every part and parcel thereof, unto the said Milton L. Moore, his heirs and assigns forever against the lawfull let, claim or demand of them, the said George Peery and Jane liis wife, or their heirs or assigns and all and every person or persons whatsoever, shall, will and by these presents do warrant and forever defend. In testimony thereof we have hereunto set our hands and seals, the day and year above written in the presents of Wm. Penfro.

" Be it remembered that on this 18th day of March A. D. 1841, before me a justice of the peace within and for the county aforesaid personally came George Peery and Jane his wife, both personally known to me to be the persons whose names are subscribed to the foregoing insti'ument of writing as having executed the same and severally acknowledged the same to be their act and deed for the purpose therein mentioned, and she the said Jane Peery Being by me first made acquainted with the Contents thereof and examined separate and apart from her husband wliether she executed the said deed and relinquishes her dower to the said lands and tenements therein mentioned, voluntarily, freely and without compulsion or under influence of her said husband, acknowledged and declared that she executed the said deed and relinquishes her dower to said lands and tenements therein mentioned, voluntarily, freely and without compulsion or under influence of her said husband. Taken and certifyed the day and year first above written

Following will be found several documents taken from the county records^ which are jjublished in full, and each is the first one of the several kinds on file in the county. They are especially interesting as specimens of how such things were done in "ye olden time." Some of the old pioneers may recognize the descriptions, and claim the stock:

Stray Notices

" We the undersigned, persons appointed and duly sworn to appraise without partiality, favor or affection a certain mare taken up by liobert Peery,. as a stray, and taken before Evans Peery, a justice of the peace for Madison township, in Grundy county, do certify that we have viewed the said stray,, and find her to be a bright bay mare, with black legs, mane and tail, with a white mark on her forehead about two inches long and a (piarter of an inch wide, which we judge to be four years old fourteen and one-half hands high, no brand, and do appraise said stray to the value of thirty dollars. Certified

Stock, it seems, sometimes strayed away in those old times, their out-doors in early days, covering a good deal of country, and their cattle and hogs ranged over a wide field, its extent being only bounded by the amount they wished to travel. The stock was generally branded or marked, so that it could be told by its owner.

Hog Mark

While cattle were generally branded, hogs had their ears marked in somepeculiar style which each farmer selected for himself, and placed it upon the records of the county, giving him a preemption to that mark, which he put on to all his hogs which ran loose, and in tliose days about all did, for most every fall the woods were full of mast. The following are a couple of marks placed on record by the parties named.

Stock Mark

" Thos. Kilburn records his stock mark with a smooth crop off of each ear, and an underbitout of the right ear. Filed for record Dec. 1, 1841.

The settlement on the east side continued to grow in 1842 and '43. The arrivals of the Winters, Brassfields, and others spoken of, seemed to put new life in that part of the county. Still the settlers were few and the distances between cabins uncomfortable for friendly and neighborly courtesies. * The hunting, however, continued good as the game was still abundant.

In 1844 was the year of the great flood of the western waters. The Mississippi laid claim that year, and spread that claim over an immense number of acres of low land, that it was the " Father of "Waters." Yet those who lived upon the banks of the mighty Missouri, if they allowed the claim and the name gave to the " Big Muddy," the title of the " Mother of "Waters," and a " right smart chance " of people believed that the old woman was considerably the larger of the two. What happened to these great watercourses also fell to the share of lesser streams, and Grand River took the lead in Grundy county, to show what she could do in the way of spreading herself in a rainy season. Much damage to stock and farm improvement resulted from the high waters. Small steamboats plied up the Grand River quite a number of miles during the high water, and flat-boats were in successful operation for about nine months. That year two flat-boats were built at Trenton and William Peery loaded them with wheat and corn and took them to St. Louis. The principal mailing facilities were carried on on horseback, and the hiffh water was a slight drawback to even the semi-occasional mail which was received at that time. During the time of the highest water no mail was received for a period of six weeks. The onward march of civilization in the shape of railroads and telegraph had not yet reached the State of Missouri, and postage was twenty five cents on a letter, and other news traveled slowly. Newspa])ers were not numerous, and in lieu thereof Madame Gossip did the heavy work while people gathered together to hear what " Mrs. Grundy " had to say. In the meantime a stranger who came within the gates was interviewed, if not after the most approved modern style, sufliciently persevering to find out about all he knew or «ver expected to know. It was not until late in the fall that mail facilities became at all regular. The winter of 1844-45 proved to be not a very severe one, and many new settlers came during the fall and winter months. In February, 1845, the county of Mercer was organized into a separate county and the civil jurisdiction of Grundy ceased over the territory of Mercer. The county began to assume something of civilization. Roads were being laid out and worked. Tlie Indians had ceased to make it a portion of their hunting-ground, and the condition of civil affairs by tlie cutting off of Mercer county caused a reorganization of boundary lines* and the townships of Mouticello, Clarke, Moi-gan, Lafayette and Scott wholly disappear, and the seven townships which formed the municipal division of Grundv for so manv years, came into sight. The orderino- of an election by tlie County Court in August, 184G, to be held October 31, 1846, for the election of a successor to Sterling- Price, resigned, was the first record found of these seven townships. The patriotism of the people in those days is prominently shown in the names of the seven townships; i^ shows that the revolutionary patriots and the statesmen in the early history of our great republic were held in high esteein and veneration by the old pioneer. Such patriots as Washington, Franklin and Marion, etc., were remembered, and their names revered. In marking the boundary lines of these municipal corporations, the Grand River, and Tliompson and Weldon Forks were utilized as township lines as far as possible, whicli gave distinct divisions to the western and middle townships.

First in the list in the northwest is Washington township, which included all the land between Thoni])Son's Fork and Weldon, or East Fork, to the Mercer county line. The inhabitants in the forks of the two rivers liad to swim out generally, when they wanted to conie to the county seat, as there were no bridges in those days.

Franklin township occupied all of its present territory, with its southern boundary line extending two miles south, being, in fact, a congressional township six miles square and taking that much off of the north part of what is now known as Lincoln townshij). Fi-anklin was bounded on the west by Weldon River; north by Mercer county;, east by Liberty township and south by Trenton. Liberty township at that day was all of Myres township as now known, and the nortli half of its present boundary. Mercer county was on the north, Sullivan on the east, Marion township on the south, with a corner of Trenton and all of Franklin on the west. Marion township extended to the south line of Grundy county, having Sullivan and Linn counties on the east, Livingston on the south, Trenton township on the west and Liberty township on the north,, containing at that time all within her present boundary, and, also, half of Liberty as now formed, and all of Wilson. The Heatherly gang gave this to-wnship some early notoriety of rather an unsavory kind. Hi&tory did not exactly repeat itself, but the "men of Marion" township did their part toward extirpating the band of cut-throats and murderers that had, for a short space of time, an abiding place within her borders. If it were not the " Swamp Fox," the gallant Marion and his men, it was the spirit of this hero of revolutionary memory which led them oti, and wlio in years agone M'as famous in song and story, whose deeds of daring are recorded among the bravest of brave men in the annals of onr country's history, and whose heroic, self-sacrificing life will ever adorn the ])ages of that immortal record which flashed to the world a nation born and liberty triumphant.

Trenton township was composed of all the territory south of Franklin to the Livingston county line, and east of Clrand and Weldon rivers to the Marion township line. West of Grand River and in southwest corner of the county was Jefferson township, its metes and bounds being Livingston , county on the south, Daviess on the west, Madison township on the north and (Trand Iliver on the east, her north line extending from Grand River to the Daviess county line, being one mile above her present boundar\\ Madison township, its south line being. lefferson, was all the country lying west of Grand and Thom])Son rivers, to the county lines of Daviess and Harrison.

The seven townships whose metes and bouiuls are thus described, composed the municipal divisions of the county, and their township officers were justices of the peace and constables, who looked after the local affairs.

Mexican War

The next few years weve uneventful ones so far as local affairs were concerned. The Mexican War which beo;an in 184H sent a thrill of excitement through the hearts of the people. The regular army was not able to cope With the Mexican forces, on account of superiority of number of the latter, and a call for volunteers was made. The Southern States being nearest the scene of conflict rushed their volunteers to the front, but it was not long before it was shown by the people of the country that the treasonable and coldblooded utterance of an Ohio member in the halls of Congress had no resting place in the hearts of the people: "That Mexico should welcome our soldiers with bloody hands to hospitable graves." General Taylor opened the fight at Palo Alto, Resaca de la Pal ma and Monterey, but it was done at the loss of the brave and gallant Ringgold, who met his fate at Palo Alto, and a host of others, who gave their lives to their country's glory. And it will do no harm to mention here the initial steps in the science of war taken by a number of gallant officers who proved themselves heroes upon more than one battle-field of the Mexican War, who on broader and more extensive fields, attracted, by their skill and daring, the attention of the world. These young heroes of the Mexican War were Grant, McClellan, Lee, Beauregard, Hill, Jackson, Sherman, Hooker, Longstreet, Buell, Johnston, Lyon, Anderson, Kearney, Thomas, Ewell and Davis. And of thirty officers mentioned by General Scott, for their skill and daring, sixteen were generals in the Union army, and fourteen were generals in that of the Confederacy. It was not until 1847, when a second call for ti-oops was made, that

Grundy county responded to the call. Sterling Price, then a member of Congress, resigned, and was appointed by President Polk to command another regiment of Missouri mounted volunteers which liadbeen called for. Hon. John C. Griffin was appointed by the governor to raise a com])any and was requested to be at Independence, Mo,, within ten days. Volunteers responded promptly and the company was formed and an election of officers took place here, August 2Sth, 1847 and reported at Independence, September 3, 184T. The following were the officers elected, and the privates as far as we have been able to secure their names.

Officers - Captain, Jno. C. Griffin; first lieutenant, Oliver Bain; second lieutenant, Ashley Gulley ; third lieutenant, Ira Benson, all of Grundy county.

Wash Duskins (deserted), John Boils, Lafayette Warmouth, Grundy county* The company numbered 112 men. At Independence they voted for Wm. Gilpin for lieutenant-colonel, and then marched to Leavenworth where Alex. W. Doniphan was chosen colonel, C. F. Rufi", lieutenant-colonel and Wm. Gilpin, major, and were mustered in and proved to be the only company from north Missouri. Tliey \vere soon on the march for Mexico. When they reached the Cimaron River they were not long in finding an enemy. Tliey were on the border of New Mexico which was then a part of Mexico proper. Their orders were to keep open and guard the Santa Fe trail. The Comanche Indians, the allies of the Mexicans, and a number of the latter, six hundred strong, attempted to capture them, there being only ninety-eight officers and men in the command. In the engagement they whipped the Indians after a pretty severe fight, having quite a number wounded, but thanks to Providence, none killed.

Their volleys of grajDe and canister saved them, it prevented the Indians from coming to close quarters. On the defeat of the enemy they resumed their march to Fort Masey, to which point they had been ordered. This Fort was some fifty miles north of Santa Fe, and from that as a base of

they were to guard and ])rotect tlic Santa Fe trail and keej) it open. The company under Ca])t. Griffin continued in service until August, 1848, when the war heing over they were recalled. The order, however, did not reach them until three weeks after the w^ar had closed. They returned and were mustered out at Independence, Mo., Sept. 28, 1848, being nearly or quite thirteen months in the service without the loss of a man. Simon Adamsoii was taken sick and received his discharge and Wash. Duskins deserted.

Maj. Gilpin's battalion, five companies, wintered on the x\rkansas River in the winter of 1847-48. This ended the Mexican War so far as Grundy county was concerned, and it is a record to be proud of. Only one company from north Missonri, and nine-tenths of that company came from Grund}' county. That record M'ill do to go down in history, and an example to be followed by the sons and grandsons of these heroes of Grundy county.

Slavery

The first reference we find to the institution of slaver}- is the following order of the County Court at its February term, 1847, and it was to divide the slaves of Henry Lyda and make report tr> the County Court.

The two next, and all that is to be found of record, is given below, and will close the subject of slavery as the war of 1861-65 closed its practical working as an institution of involuntary servitude within the limits of this country. The following is a verbatim order for a free colored man to live in Grundy county:

-'Jefferson Waterford, alias Thompson, a free man of color, files a certificate of good character, and applies for a license to live within the State of Missouri, and it is ordered that he give bonds for his good behavior. ' Said J. Waterford files a bond for his good behavior with Wm. Metcalf and John R. Scott as his securities, wiiicli is approved,' this December 16, 1851." And the following: "Randall Darnaby, a free man of color, having been emancipated by C. Darnaby, his former master, applies for a license to remain in this State, and having jirodiiced satisfactory evidence of good moral character, it is ordered by the court that said Randall, now about thirty-five years of age, 5 feet Q^ inches high, dark brown color, and 150 pounds weight, and scar under the right ear, be and he is hereby licensed to remain in the State of Missouri, having given bond as is required by law." This was granted at the May term of the County Court, 1856.

Naturalization

The first naturalization papers issued by the court of Grundy county was to Judge Valentine Briegel, of Lincoln township, who has proven to be one of Grundy's most progressive citizens. These papers were issued April 10? 1848. Mr. Briegel's energy of character and worth as a citizen have been acknowledged by the people of Grimdy county by his election as county judge and as the presiding justice of said court for a number of years. Henry Wild, of Yorkshire, England, was the second person naturalized in this county, and his papers are dated in June; he having been declared a citizen of the United States at the June term of the (Jircuit Court for the year 1848. .

Judge Of Probate

The County Court at its July session, 1849, "ordered that a poll be opened in the respective precincts of Grundy county on the first Monday in August, A. D. 1849, for the purpose of voting for or against a probate court and for one probate judge, for one da3'."

The County Court at its August term, the Tth day of August, 1849» "ordered that Wm. Renfro receive certificate of election as judge of probate for Grundy county, he having received a majority of the votes cast at the August election." And so Wm. Renfro became the first probate judge of the county. Those who succeeded hi in will be found recorded in the chapter of county officers.

In Court

Once in awhile in those early times in the county's history they would have a row in court just like they occasionally have in these enlightened days. Lawyers in those days seem to have been at times possessed of evil ways and would wake up an ugly customer to break the monotony of court proceedings. Henry W. Lyda succeeded in making a very angry man of Mr. Ezekiel Rouse, and while in that state of I'age Ezekiel made a violent assault on Lyda in open court. Things looked lively. Ezekiel was trying to wipe up the floor with the body of the unfortunate Lyda when a sufficiency of hel]) came to the assistance of the sheriff, and Ezekiel was hustled u]i before the court, of which he was in contempt, and the judge fined him fifty dollars on the spot for his outrageous conduct. In the language of the small boy, this took the "mad" all out of Mr. Ezekiel Rouse, and a more humble man never bowed in sorrow before his Honor, the Judge. Mr. Rouse didn't carry around with him fifty dollars all in hard cash, or the currency of the times, and he was permitted to go free, but came up before the next meeting of the court and settled his little bill for contempt. I'eing an honest man and a pretty fair talker when, what was called in those times, big money was at stake, Ezekiel came promptly to time and nuide the "greatest effort of his life." The court appreciated his eloquence and allowed him just thirtv-flve dollars for it, and Mr. Rouse was re(piired to pass over fifteen dollars and call the contempt square. This was done and lie was free. This ended the "great contempt" case of this countv.