Holt County, Missouri - Chapter 3: Organization of Virgin Territory Into Holt, 1917

Chapter 3: Organization of Virgin Territory Into Holt

"That portion of territory included within the followingdescribed limits, to-wit: Beginning in the middle of the main channel of the Missouri River, at a point where the range line dividing ranges thirty-six and thirty-seven would intersect the same ; thence north with said range line to the middle of the main channel of the Nodaway River; thence up the middle of the main channel of said river, to the northern boundary of the state ; thence west with said boundary line, to the middle of the main channel of the Missouri River; thence down said river, in the middle of the main channel thereof, to the place of beginning, shall be called Holt County, in honor of David R. Holt, Esq., late representative from Platte County, any law to the contrary notwithstanding."

This act was approved February 15, 1841. On January 29, 1841, some seventeen days previous to the passage of above mentioned, the legislature had created of the same territory the county of Nodaway, hence the words "any law to the contrary notwithstanding."

Beginning in the middle of the main channel of the Missouri River, at a point where the line dividing ranges thirty-six and thirty-seven, extended, would intersect the same; thence south with said range line to the middle of the main channel of the Nodaway River; thence up the middle of the main channel of said river, to the line of Atchison County; thence west with said line to the middle of the main channel of the Missouri River; thence down the middle of the main channel thereof, to the beginning."

Holt County, when first formed, embraced Atchison County; that part of Nodaway County lying west of the Nodaway River, and extended north ten miles into the state of Iowa - Missouri claiming jurisdiction over a strip of country ten miles wide along the southern line of Iowa - at that date the dispute concerning the boundary line between the two states had not been settled.

Rouse of H. Wallace (later known as the G. Schulte place), to the main crossing of the Big Tarkio, about a mile above Craig, thence northeasterly to the state line, was cut off by the legislature, and named Allen County, but left under the jurisdiction of the Holt County Court, in the same manner as the Territory of Neatawah had been attached to Buchanan County. Allen County was abolished, February, 1845, Atchison and Nodaway were organized and Holt County was then reduced to its present limits.

The first act naming and defining the boundaries of Nodaway County was approved January 29, 1841. It directed that the circuit and county courts of that county should be held at the dwelling of William Thorp until a permanent seat of justice could be established, or until the county court ordered otherwise. That act also named Travis Finley of Clay County, Edward Smith of Clinton County and John A. Williams of Daviess County, commissioners to select the permanent seat of justice, and after the passage of the act organizing the same territory into Holt County (the name simply being changed from Nodaway to Holt) , the parties named as commissioners in the act organizing Nodaway County, proceeded to select the permanent seat of government. June 21, 1841, they reported to the county court that they had selected the east half of the southeast quarter of section 26, township 60, range 38, where Oregon now stands. The commissioners in their report named their selection Finley, but it was changed to Oregon by the County Court, October 21, 1841, on which date David Templeton, as County Surveyor, filed the plate of Finley-Oregon.

The territory of Neatawah, above referred to contained about 3,200 square miles and extended ten miles north of the present state line between Iowa and Missouri, embracing the counties of Andrew, Holt, Atchison and Nodaway, so that the Buchanan County Court held jurisdiction over a country almost as large as the combined states of Delaware and Rhode Island. The territory of Neatawah was abolished in 1841.

There seems to have been much deliberation and consideration of the matter of naming Holt County. It is recorded that the legislators did not act on an impulse as is sometimes done in such cases. They seem to have realized that they were naming one of the best counties in the state and they wished to select a cognomen appropriate and pleasing. It was finally decided that the new county should be named for one of the best men in their body.

Hon. David Rice Holt was born in Virginia about the year 1805. He was a minister of the gospel and a physician, and had attained an enviable standing in each. He was a minister of the Presbyterian Church (Old School), in which he was reared. He moved from Virginia to Saline County, Missouri, between 1830 and 1834. Soon after the Platte Purchase was opened for settlement Dr. Holt came to Platte County, where he located in' wild and unsurveyed land. Soon after his arrival in Platte the county was organized. The first election for member of the legislature occurred in August, 1840. Under the most favorable, circumstances new counties generally require much local legislation and especially was this the case in Platte County. Hence the people of Platte County, fully realizing their wants and wishing to send a man of superior legislative ability, instinctively turned to Dr. Holt as the only proper person for the emergency. The Constitution of Missouri at that time prohibited ministers of the gospel from serving as members of the legislature.

This rendered the position of the doctor extremely unpleasant. Upon the one hand he disliked to refuse the importunities, of his countrymen who thought him to be the only person in their midst who could bring order out of confusion; and upon the other he regretted the idea of severing his connection with the pulpit. He finally, however, yielded to their solicitations and was elected to the legislature in 1841, without opposition. Although the doctor had no legislative experience he was at once selected as one of the three membrs of a committee from the Upper and Lower House, whose duty it was to settle the accounts of the Auditor and Treasurer before the meeting of the legislature.

The session was scarcely commenced when the doctor was taken sick, and after lingering some two weeks it became apparent to him and his friends that he could not live. His wife was written to, and although she left her home promptly, horseback - about the only possible mode of travel in those days - she did not reach Jefferson City until the day of his death. Dr. Holt was buried in the State Cemetery December 20, 1840, with appropriate honors and Gen. A. W. Doniphan, who was at the same time a member of the Legislature and a friend of the doctor, announced his death to the Assembly.

Dr. Holt married a Miss White, a sister of Captain John H. White, who once represented respectively the counties of Andrewr and Platte. She was an accomplished and beautiful woman. The doctor was nearly six feet in height; perfectly erect; cast in the mold of admirable proportions, and active in his movements. He was a ripe scholar, a graceful and fluent speaker, possessed a clear, bright face, sparkling brilliant eyes - especially when speaking in the pulpit or on the rostrum. He was fair and manly in debate, his bearing was courteous, and his social qualities were of the highest order. His attainments were great and varied. He devoted much time to his two professions, yet never lost his taste for the ancient or modern classics and general literature. He was deeply versed in all subjects in the range of polite erudition and scholarship and a man of untiring energy and of indomitable will.

County Organization

March 24, 1841, the first County Court of Holt County convened at the house of William Thorp in the northwest quarter of section 12, township 59, range 33, now (1916) in Lewis Township, adjoining the west line of Forbes Township and now owned by the heirs of James Stephenson.

Harrison G. Noland, James Crowley and Joshua Adkins produced from his excellency, Thomas Reynolds, Governor of the State of Missouri, their commissions appointing them justices of the Holt County Court, together with the oath of office therein endorsed. These were ordered to be certified for record. These commissions were dated. "City of Jefferson, February 16, 1841. " The record of the proceedings of that day sets forth that the oath of office was administered by William Thorp, Jr., Justice of the Peace.

The first order of the court, after its organization, was the appointment of Harrison G. Noland, president of the tribunal. Bayless B. Grigsby was appointed clerk protem, and before its adjournment, clerk until the legal termination of said office. His sureties were William Thorp, Jr., and G. B. Thorp. The second order was the enrollment of John W. Kelley, an attorney, to practice in the courts of Holt County, which at that moment meant the County Court, of course.

On the same day it was "ordered that Joshua Horn and Josiah Skelton be granted a grocer's (dramshop) license, the store to be kept at their residence, for the six months next ensuing, by paying a state tax thereon of ten dollars." The court on that day further ordered that R. M. Barkhurst be granted a license to keep a ferry across the Nodaway River, at the rapids thereof, for the space of twelve months, without paying a tax thereon, at the following rates: For crossing a man, 6% cents; for crossing a man and horse, 12i/2 cents; for crossing a twohorse wagon and team, empty, 37 V2 cents; for crossing a twohorse wagon and team, loaded, 75 cents; for crossing a six-horse wagon and team, empty, 50 cents; for crossing a six-horse wagon and team, loaded, $1.00; for crossing loose horses and cattle, each, 3 cents; for crossing hogs and sheep, each head, IV2 cents.

It was then and there further "ordered that Green B. Thorp be and is hereby appointed assessor for Holt County for the year 1841." It is also recorded that the said G. B. Thorp forthwith entered into bond, with William Thorp as his surety, in the penal sum of $500, conditioned according to law, which bond was approved by the court. It was finally "ordered that the sheriff advertise at three of the most public places in the county, that the County Court of Holt County will meet at William Thorp's, on the second Thursday in April next. Whereupon the first

Joshua Adkins James Crowley

At the special adjourned term of the Holt County Court, held at the house of William Thorp, in Holt County, Missouri, on the second Tuesday in April, 1841 (judges and clerks as above), it was ordered that the county be divided into three municipal townships, as follows:

Nodaway Township - Beginning at the mouth of Nodaway River, and thence up said river to the point of intersection with range line dividing ranges thirty-seven and thirty-eight; thence south with said range line to the Missouri River; thence to the point of beginning with the Missouri.

It will be seen that Nodaway Township included, originally, a strip of territory not more than six miles in width near its base or southern limits, and tapering more or less gradually, narrowed to a point where the Nodavcay River touches the range line of thirty-seven and thirty-eight, in Atchison County, fifteen or six* teen miles north of the present (1916) boundary of Holt County and embracing a strip of country now included within the limits of Nodaway County.

Lewis Township - Beginning in the middle of the main channel of the Missouri River where the range line between thirty-seven and thirty-eight intersects said river; thence north to the northern boundary of the county; thence west to the High Bridge Creek; thence down said creek to the Missouri River; thence down the Missouri River to the point of beginning.

Nishnebotna Township - The third township formed at this time included a strip of territory between the Nishnebotna and Missouri Rivers from the mouth of the former to the northern limits of the state, and consequently comprised no part of the territory embraced within the present area of Holt County. The townships of Nodaway and Lewis are, therefore, the only ones with which we are now concerned, and from these two, with various modifications and changes from time to time, have been formed the present (1916) townships of Lewis, Nodaway, Clay, Union, Bigelow, Lincoln, Forbes, Hickory, Liberty, Benton, Forest, Minton - twelve in number.

The County Court at this second term gave forth the following extraordinary pronouncement, with respect to the regulation of dramshops, for it must be borne in mind that a grocery store in those days was also a place where a man with a thrist could be accommodated :

"Ordered, that the act concerning groceries, etc., passed by the legislature in the year 1839, shall not extend to nor be in force in Holt County."

The judges evidently were state rights men and believed in the application of that principle to county organizations. There is no record that their official act at this time brought their tribunal any trouble with the state authorities.

In May, 1841, the first election was held in Holt County. Justices of the Peace and Constables were elected as follows: Lewis Township, John Gibson and Gallatin Adkins, Justices and John Lewis, Constable of Lewis Township.

John R. Jackson and Jacob McKissock were elected Justices and James Handley Constable of Nishnebotna Township, then a part of Holt County, but, as before stated, included in what is now Atchison County.

June 14, 1841, the County Court, which had theretofore assembled at William Thorp's, convened at the residence of Gilbert Ray, two and a half miles east of the site of the present town of Oregon. At this term Joseph Brenard was granted a license to keep a ferry across the Nishnebotna River, at his residence thereon, for the space of twelve months, by paying a tax of two dollars. David Templeton was appointed County Surveyor at this term and William P. Stephenson was named as administrator of the estate of Blank Stephenson, deceased. This was the first appointment of the kind in the county.

The county seat commissioners made their report at this time, they having selected the site of what is now the town of Oregon and that name was used as a caption for their report, although they named the proposed town Finley, in compliment to Travis Finley, one of the commissioners. The name later was formally changed to Oregon. The text of the report follows:

In pursuance of an act passed by the last Missouri Legislature appointing the undersigned as commissioners to select a permanent seat of justice for Holt County, and in pursuance of an order of the County Court of Holt County, made at the May term, 1841, designating the 7th day of June then next ensuing, and requiring the undersigned to assemble on that day, at the house of Mrs. Jackson, to make said location; and whereas, John A. Williams, one of the undersigned, assembled at said place and time, and no other commissioners having appeared, he, the said charge the duties devolving upon them, according to the act of the legislature, and the requisitions of the order of the County John A. Williams, adjourned until the 21st day of June (this instant) , when the undersigned commissioners convened, and having been first duly sworn according to law, proceeded to dis- Court. After having made an examination for a suitable site whereon to locate a permanent seat of justice for said county, we have selected the following quarter section of land for said county seat, lying in Range 38, Township 60, and the east half of the southeast quarter of Section 27 and the west half of the southwest quarter of Section 26, which said seat of justice is to be known as Finley. Given under our hands this 23d day of June, 1841.

It appears that the action of the commissioners above referred to in locating the quarter section for the town site on two separate sections, was in violation of an established precedent, if not statutory provision restricting the same to one section, and in consequence involved the county in no little embarrassment. The east eighty included a portion of a quarter section preempted by Roland Burnett, and the west eighty of another section by Larkin Packwood.

At the September term of the County Court, which was convened at the house of Gilbert Ray, September 15, 1841, it was "Ordered by the court that the commissioner for the seat of justice for this county, proceed to lay off said seat of justice into lots, eighty feet in front and one hundred and fifty feet in length and squares containing eight lots, with an avenue sixty feet wide, and one alley fourteen feet in width, making four streets, two north and south and two east and west, one of which on each side of the public square, each eighty feet wide ; all other streets to be sixty feet wide; the stake stuck by the judges to be the center of the public square. Provided, that he divide into lots, avenues and alleys, from the said public square east, only one square, south two, west two, and north two squares, and that he make to this court, at its next session, a report of his proceedings, making a plat of the town."

"Ordered that the commissioner advertise in ten most public places in Holt, five in Andrew, and five in Buchanan County, a sale of lots in the county seat of Holt County, on the 21st day of October, 1841, on the followisg terms: One-tenth in hand, and the balance in three semi-annual installments."

At the October term following, it was ordered by the County Court " That the Commissioner be authorized and required to make the public square of said county seat at or near the stake now set." The Commissioner referred to was John Thorp, who had resigned the office of deputy clerk of the Holt County Court at the July, 1841, term of the same, and accepted the position of County Seat Commissioner.

It appears that previously to the above mentioned order of sale, the County Court, at its July term had ordered the first sale of lots in the county seat to take place September 1, 1841.

At the August term, 1841, James Kimsey was nominated to fill the vacancy occasioned by the resignation of Joshua Adkins, the first official to resign an office in the county.

The September term, 1841, of the County Court was held at the residence of G. Ray, Judges Nowland, Crowley and Kimsey on the bench. The latter produced his commission from His Excellency, Thomas Reynolds, governor of the state, and was duly sworn. At this term the following orders were made and recorded :

"It is considered by the court that five hundred dollars is necessary to be raised for defraying the expenses of the county for the present year, and that on all subjects of taxation the county tax shall exceed the state tax one hundred per cent and on all licenses, ferries excepted, the county tax shall exceed that of the state one hundred per cent; on ferries that state and county tax shall be the same."

"Ordered that, whereas, it is the opinion of this court, that as the county is poor and thinly settled, it is not the interest of this, county that the grand jurors thereof should be paid. It is therefore ordered that no compensation shall be paid to the grand jurors of this county."

At the January term, 1842, R. M. Barkhurst presented his delinquent list for taxes during the year 1841, which amounted to $15.50 state tax, and $31.02 to the county. At the February term, 1842, it was ordered "that the courts of record be hereafter held at Rachel Jackson's in this county."

At the same term, "Gilbert Ray, Treasurer, comes into court and makes settlement for the preceding year, and has a balance of twenty-five cents on hand. He is therefore charged with the same." The Sheriff also comes into court and makes settlement for county tax on the tax book for 1841, and is charged with the sum of two hundred and sixty-six dollars and twenty-three and three-quarters cents.

Circuit Court

The first term of the Circuit Court, within and for the County of Holt, was held at the house of William Thorp, commencing on the 4th day of March A. D., 1841. The record, to which volume after volume has been added in the seventy-five years that have elapsed since that time, is worthy of reproduction here. It follows:

"At a Circuit Court, held for the County of Holt, in the State of Missouri, at the house of William Thorp, in said County, on Thursday, the 4th day of March, 1841, was present the Honorable David R. Atchison, who presented a commission from His Excellency, Thomas Reynolds, Governor of this State, appointing him judge of the Twelfth Judicial Circuit, which commission, together with the testimonials thereon endorsed, are ordered to be recorded, which are in the following words and figures, to-wit :

That it having been certified to me that the Senate of Missouri has advised and consented to the nomination of David R. Atchison, as Judge of the Twelfth Judicial Circuit, now, therefore, in the name and on behalf of the State of Missouri, I, Thomas Reynolds, Governor thereof, do hereby commission him judge of the aforesaid circuit, according to law. In testimony whereof I have hereunto set my hand and caused the great seal of the State of Missouri to be affixed at Jefferson City, this first day of February, in the year of our Lord one thousand eight

Thomas Reynolds

Endorsed - I, David R. Atchison, do solemnly swear that I will support the Constitution of the United States and the Constitution of this state, and faithfully demean myself in the office of Judge of the Twelfth Judicial Circuit, in the State of Missouri.

David R. Atchison

Subscribed and sworn to before me, a Justice of the Peace, in and for Clay County, in the State of Missouri, this 13th day of February, in the year of our Lord eighteen hundred and fortyone.

Andrew S. Hughes was appointed Clerk pro tern and William Thorp was appointed Sheriff. Peter H. Burnett had received the appointment of Prosecuting Attorney from the Governor.

The names of the first grand jurors were: Joshua Adkins, Isaac Massic, Gilbert Ray, George Drane, Harman G. Noland, Green B. Thorp, B. B. Grigsby, R. H. Russell, Thomas Crowley, Roland Burnett, John Gibson, John Russell, John Starrill, James Kimsey, Henry Holder, John Morgan and David Jones. Harman G. Noland was foreman.

The first case that was called and tried in court was the State of Missouri against Jonas Casner, who was under a recognizance to keep the peace. The grand jurors having no further business before them were discharged from further service.

Andrew S. Hughes resigned his office as Clerk pro tern of the Circuit Court March 6, 1841, which resignation was accepted and Bayless B. Grigsby was appointed Clerk of the Circuit Court of Holt County, to hold his office until his successor should be elected and qualified. Upon taking the oath required by law Grigsby executed two bonds with Harman G. Noland, Roland Burnett and John Gibson as sureties. One bond was in the penal sum of $5,000 and was conditioned for the faithful performance of his duties as Circuit Clerk of Holt County. The other bond was for $1,500 and guaranteed the tax payers that he would properly conduct the office of Recorder of Holt County. Both

June 24, 1841, Circuit Court met at the house of Gilbert Ray, such being the place designated by the Holt County Court for holding courts of record until the place should by law be changed. At this term on motion of Peter H. Burnett, prosecuting attorney, Prince L. Hudgens, James B. Gardenhire, Benjamin Hays, Edwin Toole, James S. Thomas, Solomon S. Leonard, Lansford M. Hastings, Frederick Greenhough, James Baldwin, John M. Young, Christopher P. Brown, Elias P. West and Theodore D. Wheaton, were enrolled as attorneys of the Holt Circuit Court.

Richard M. Barkhurst filed his bond as Sheriff. It was $5,000 in amount and bore the signatures of Gilbert Ray, James C. Templeton, John Robinson and Abraham Brown as sureties. After being properly and judicially scrutinized by the court the bond was approved.

The first case that came regularly for trial before the Circuit Court was a criminal action against Joseph Roberts, who had been indicted by the grand jury at the first (March) term on the formal charge of trading with the Indians. The Sheriff, it appears failed to find the accused and being impressed with the importance of his office and the gravity of the situation, evidently thought a little Latin would serve his purpose. He intended to make a non-est return, but being somewhat lacking in familiarity with Latin terms applying to court procedure he made a return of "nole prosequi." In the case of Henry Casner, charged with robbery the court issued an alias capias to Carroll County.

The clerk was ordered at this term to certify to the Secretary of State that there were four townships in the nounty and that there was not, within the limits of the same, a single volume of the laws of Missouri. It must be borne in mind that the limits of the county at this period included, besides its present area, the whole extent of what is now Atchison County.

The second grand jury was empaneled to serve at the June term of 1841, and consisted of John M. Briggs, Job Carter, Elias Davidson, Smith McIntyre, Benjamin Davidson, William Stephenson, John Blair, Jeremiah Baldwin, J. Holdin, Nathan Robinson, Riley H. Roland, Zedekiah Davis, Benjamin Marlow, Thomas Keeny, Abijah Duncan, Jacob Davis and James Miller. John M. Briggs was chosen foreman. The following indictments were found by this body. Joseph Roberts charged with trading with an Indian ; David Templeton charged with assault with intent to kill. He was tried and acquitted at the October term. Seriah Stevens and Perry Curtis, forgery; George Comegy, peddling without license ; Charles Bennett, selling goods without a license. The men who comprised the second grand jury seem to have been more fortunate than those who served on the first

The first petit jury in Holt County was empaneled at the October, 1841, term of the Circuit Court, which met pursuant to adjournment at the home of Gilbert Ray, three and a half miles east of the present town of Oregon. The jury consisted of George Borchers, the pioneer merchant, Samuel G. Vest, William H. Cunningham, John Sweare, Jesse Carroll, John Offrey, Jacob Tarwater, Abraham Keeney, Silas Pearce, Francis Cassada, William P. Braden and Thomas Ferguson. The first case tried was a criminal prosecution against Josiah Roberts, who was charged with bartering with the Indians contrary to the laws of that day. The jurors did not believe he was guilty and turned him loose.

First Records

This indenture, made and entered into by and between Tolbert Bass, of the County of Holt and State of Missouri, of the first part, and Henry Holder, of the county and state aforesaid, of the other part, witnesseth : That the said Tolbert Bass, of the first part, for and in consideration of the sum of thirty-one dollars and eighty-one cents, to him in hand paid, the receipt whereof is hereby acknowledged, hath bargained, sold and conveyed, and doth bargain, sell and convey, by these presents, unto the said Henry Holder, of the second part, the following property to-wit: One roan mare and colt; one yoke of oxen and wagon and one cow and calf, to hold, have and to hold the same, to the said Henry Holder, his heirs, executors, administrators and assigns, and to his and their own proper use and behoof forever. But the above is made and entered into, and this conveyance is to have effect upon this condition : That if the said Tolbert Bass, his executors and administrators or assigns, shall and do, well and truly pay, or cause to be paid unto the said Henry Holder, his executors, administrators or assigns, the full sum of thirtyone dollars and eighty-one cents, on or before the 25th day of December, eighteen hundred and forty-two, agreeable to an obligation of the said Tolbert Bass, for the sum of thirty-one dollars and eighty-one cents, dated 21st October, 1841, then and in such case these presents, and every matter and thing herein mentioned and contained shall cease, determine and be utterly void, anything herein contained to the contrary notwithstanding, as witness my hand and seal this 20th day of October, 1841.

Tolbert Bass

The second instrument filed for record was a lease. It follows closely the legal forms of the present day, indicating that there must have been some pretty good lawyers in Holt County in those pioneer days:

This indenture made the 24th day of December, 1841, between Jonathan Keeney, of the County of Holt and State of Missouri, of the one part, and Lazarus Philips and Jeremiah Philips, of the same county and state, of the other part, witnesseth, that the said Jonathan Keeney, for the consideration hereinafter mentioned, hath devised, granted and leased unto the said L. and J.. Philips, the farm and improvements thereon, on which the said J. Keeney now resides, together with the distillery and all appurtenances attached thereto, two wagons and three yoke of oxen, two plows and three hoes, and fifty head of hogs. The said J. Keeney also agrees to aid and assist as a hand on the farm and to have the washing done for the said L. and J. Philips. The said Keeney has given possession of the above farm, improvements, distillery and appurtenances, wagons, &c., above shpecified, to the said L. and J. Philips, which they are to have the peaceable and quiet possession of, and all the profits and increase of the farm, distillery and stock. They are also to have and to* hold until the first day of March, 1843. The said L. and J. Philips, for the above consideration, bind themselves, their heirs, executors and administrators, to pay on the first day of March, 1843, to the said Jonathan Keeney, his heirs, executors and administrators, the sum of three thousand dollars, good and lawful money of the State of Missouri. They also bind themselves to keep and hold in their possession, all of the above specified property, nor are they to part with any portion of it, without the consent of all the parties hereto bound. They are also bound to furnish for the maintenance of the said J. Keeney and his family, whatever is necessary for their support, out of the proceeds, arising from the farm and stock above described. The said L. and J. Philips bind themselves to make a good and substantial fence, commencing at the northeast corner of said Keeney's cornfield and running east with the bluff until it strikes the Tarkio. They are also to put up two tobacco houses, each eighteen bjr twenty feet square, and they are to make other necessary fencing, such as lots for the keeping of stock in, &c. The said L. and J. Philips bind and obligate themselves to be faithful, diligent and attentive to the stock, farm and distillery, and to give due attention to preserve them from injury. It is further agreed and stipulated between the parties, that at the expiration of the above lease, to-wit: On the first day of March, 1843, if the above named L. and J. Philips shall well and truly pay unto the said Jonathan Keeney the above named sum of three thousand dollars, then all of the above described property, together with the profits and increase that shall have arisen therefrom, are to become and be the property of them, the said L. and J. Phillips-

Hut if the said L. and J. Philips should make default, and fail to make the above payment at the time they therein bind themselves to do, then the farm, improvements, distillery and other appurtenances, and the other property above described, reverts and becomes the property of Jonathan Keeney, together with the one-half of all the profits and proceeds which may have arisen from it during the above period, and the other and remaining half of the profits and increase, shall become and be the property of L. and J. Philips. The said Jonathan Keeney has received and hereby acknowledges the receipt of eighteen dollars in hand, paid him, by the said L. and J. Philips, which is to be deducted out of the amount of the above three thousand dollars, when the same becomes due.

Cupid seems to have become active soon after the early settlers took up their abode in Holt County. He may have accompanied the first pioneers here. Who knows? At any rate seven marriages were solemnized during the year 1841. Following are verbatim copies of some of the early marriages reported :

John A. Benson to Miss Kimsey - This is to certify that on the 18th day of April, 1841, the rites of matrimony were solemnized by the undersigned between John A. Benson and

G. B. Thorp

I, Bayless B. Grigsby, Recorder of the County of Holt, aforesaid, do certify that the foregoing marriage was recorded by me on the 7th day of July, 1841.

This is to certify that on the 25th day of July, 1841, Johrr M. Briggs and Elizabeth Follen were joined together in the holy state of matrimony by the undersigned, an ordained ministerof the gospel, given under my hand this 9th day of August, 1841

Lawfully married by me, the underesigned Justice of the Peace, of Nisnebotha Township, Mr. William Barrett to Miss Mary Jane Jones, daughter of David Jones.

This day William Grissum and Jane Ellen Roberts were married according to law, by me, John Stewart, one of the Justices of the Peace in and for said County.

This is to certify that on the 9th day of December, 1841, in the presence of R. M. Barkhurst and I. Kelley, esquire, I solemnized the rites of matrimony between Cain Owen and Mary Nichols, all of Holt County, Mo. Given under my hand this. 9th day of December, 1841.