Linn County, Missouri - Chapter 6, 1912

First Linn County Fair - List of Officers - Articles of Association - A Remarkable Meteor - The Killing of Willie McKinley - Efforts to Get Slayer Pardoned - Governor Crittenden's Reply to Petition - A Vigorous Condemnation of Drinking and Pistol Carrying - Organization of Linn County - John Riley, Ransom Price and Levi Blankenship Named as Commissioners to Select County Seat - The Act Designating Boundary Line - Metes and Bounds - The Original County Court - Deed to County Seat.

A^Tiile this enterprise did not continue long, it tauglit the people the importance of such an annual event, and now the Brookfield Fair is one of the most thriving institutions of the county.

In its efforts to establish and make permanent the first fair the county court appropriated $150 annually to be used as premiums. The officers were as follows:

"Article 1. The officers of this society shall consist of nine directors, one of whom shall be elected president of the society, to be elected annually, and he together with the other directors shall constitute a board of managers for governing and conducting the affairs of the society. The board of directors shall elect a secretary and treasurer, who shall hold their office during the pleasure of the board.

"Art. 2. The annual meeting of the society shall be held hereafter on the first Saturday in January of each year, for the election of officers and the transaction of general business. The election shall be by ballot. Term of office to expire when successor is duly qualified.

"Art. 7. All articles offered for premiums shall be produced from the farm of the exhibitor, and by the persons offering the same, or by members of their families. All products must be raised in this state.

"Art. 10. No spirituous, malt, or vinuous liquors will be permitted to be sold or given away, or in any way disposed of on the grounds, or in the vicinity of the fair grounds during the fair.

"Art. 11. All fast riding or driving is positively forbidden within the enclosure, and this rule shall be strictly enforced ; and no huckstering or gambling of any kind shall be permitted within the enclosure.

"Art. 12. No person shall have access to the secretary's books to ascertain who have made entries in any ring, nor shall the secretary give such information in any case.

"Art. 13. Two auditors shall be chosen, one by the directors, and one by the society, to audit the society's accounts at each annual meeting.

A brilliant meteor passed over Linn county the night of December 21, 1876. It burst forth from the southwest and was vividly clear to people all over the county for nearly half a mini;te. This beautiful heavenly visitor was said to have journeyed eastward, where it landed with a tremendous explosion near Bucyrus, Ohio. It recalled to the minds of many of the older inhabitants the shower of stars or meteors in November, 183.3, and many thought it presaged the return of such a displa}^ Quite a number of Linn county citizens and those of other

Chronologically the next event that excited a great deal of discussion throughont Linn county was a killing at Laclede. This occurred in July, 1878. James Edwards, a young man with respectable connections, became intoxicated and shot into a crowd of small boys. The bullet struck and killed William McKinley. As the verdict of the jury was the first one returned in Linn county in connection with a murder case it is here set out in full :

"We, the undersigned jurors, impanelled by A. Carroll, Coroner of Linn county, Mo., to view the body of Willie McKinley now lying before us, do find that said William McKinley came to his death by being shot in the breast by a ball fired from a pistol held in the hands of James Edwards on the 4th of July, 1878, between tlie hours of 7 and 8 p. m., in the public square in the town of Laclede, Mo.

It is said that Edwards, when be became sober was much horrified over the tragic results of his reckless action. He was given a trial, found guilty of murder in the second degree and sentenced to ten years in the penitentiary. An effort was made in December, 1881, to have him pardoned. The application was sent to Governor Thomas S. Crittenden. In stating his reasons for refusing to grant the pardon Governor Crittenden carefully reviewed the testimony and also the plea made by friends in behalf of young Edwards. The opinion of Governor Crittenden on this application, which he felt bound to deny, is a notable document. After referring in detail to the testimony of the witnesses, and speaking in the kindliest manner of Judge Burgess who tried the case, the Governor said:

"The boy killed was about thirteen years old and small for his age, as said one of the witnesses. Enough of the evidence has been given to show how and by whom the little boy was killed and the condition of the man who did it. Before a defendant is convicted in court he is presumed to be innocent, and it devolves on the state to remove that presumption. After the conviction he is not only presumed to be, but is adjudged to be guilty, and before I will exercise clemency in any case the action and judgment of the court must be shown to be erroneous by invincible facts or by such mitigating circumstances as would have modified the judgment if known at that time.

"What is there in this case in the light of this rule that requires me to interfere with the sentence of the court! Is it because he (Edwards) was drunk and discharged his revolver with great recklessness, to say the least of it, into a crowd of innocent boys who had gathered in the park for social amusements"? If so when would society be safe from the actions of bad men, who would often put themselves in that evil condition to accomplish their premeditated deeds? Drunkenness is not now, never has been, and I hope never will be, an excuse for crime in this state. . . .

"This defendant was also guilty of another violation of the law before he killed Young McKinley; that was in carrying a concealed weapon. This is a great and growing crime in this state, against the law of Grod and of society, and should be punished without sjonpathy and without favor.

"Drunkenness and revolvers cause more crime, more executions, more penalties, more sorrows to innocent mothers, fathers, brothers, sisters and wives, than all the other causes combined, and both should receive the strongest reprobation from the social, religious and moral community.

"Society should have some way in protecting itself against such evils. It can only be done by education and legislation. Legislation will not do it if clemency is extended to the otfenders without regard to the crime. They must know there is power and meaning in the law; that there is an iron will as well as justice in the courts ; that there is a determination in society to protect itself against the lawless; that a sentence of the court means an execution; that 'the way of the transgressor is hard,' and will remain so until reformation comes.

"I am asked to pardon Edwards on the ground of mercy and to gratify the hearts of his parents, who are old Christian people calmly awaiting the last summons.

"It is not always judicious to exercise mercy at the expense of the many. Society must be remembered as well as the individual. I have a profound S3^npathy for the good old people, but that sympathy must not i^revail against the obligation I owe to the preservation of good society in this state. If men will get drunk against common decency, if men will carry revolvers against the law and the rule of propriety, and will, under the evil inspiration of the one use the other, they must suffer for it on the gallows or in the penitentiary. My sympathy and mercy are for the industrious and lawabiding people of the state; not for the thieves, murderers and robbers inside of the prison walls. I will see that justice is done them ; beyond that I am not expected to go. I see no reason why I should pardon Edwards ; the application is therefore refused.

As originally organized Chariton county extended northward to the Iowa line, including what afterwards became Linn county. Chariton county was organized November 16, 1820. At the session of the general assembly of Missouri, in the winter of 1836-37, an act was passed creating the county of Linn from the territory attached to Chariton county, and extending Linn county's government to the Iowa line. That act was passed January 6, 1837. From that time Linn county has had a corporate existence. The same act establishing Linn county also created Livingston, Macon and Taney counties.

' ' Section 18. All that portion of the territory heretofore attached to the county of Chariton, in the following boundaries: Beginning at the southeast corner of township 57, range 18, west; thence west with said township line to the range line dividing range 21 and 22; thence north with said range line to the township line dividing township 60 and 61 ; thence east mth said township line to the range line dividing 17 and 18; thence south with said range line to the beginning; is hereby declared to be a separate and distinct county, to be called and known by the name of Linn county, in honor of the Honorable Lewis F. Linn; and all the rights and privileges guaranteed by law to separate, distinct counties, are hereby extended to the county of Linn.

' * Sec. 19. John Riley, Ransom Price and Levi Blankenship, of the county of Chariton are appointed commissioners to select the seat of justice for said county. The said commissioners are hereby vested with all the powers granted to commissioners by an act entitled, 'An Act to Provide for Organizing Counties Hereafter Established.' Approved December 9, 1836.

"Sec. 21. The Governor is hereby authorized and required to appoint and commission three persons, resident in said county, as justice of the county court, and one person, resident of the said county as sheriff of said county. When so commissioned they shall have full power and authority to act as such in their respective offices, under the existing laws, until their successors are elected, commissioned and qualified.

"Sec. 22. All that portion of the territory lying north of the county of Linn shall be attached to said county, for all civil and military purposes, until otherwise provided by law.

"Sec. 23.* The circuit and county courts of said counties, or the judges thereof in vacation, shall have power to appoint their clerks, who shall hold their offices until the general election in 1838, and until their successors are elected and qualified.

"Sec. 24. The commissioners to locate the respective county seats, aforesaid shall meet on the first Monday in ^lay next, at the place of holding court for the counties respectively, in which said county seats are to be located, for the iDurpose of entering on the discharge of their duties.

' ' Sec. 25. Four terms of the county court shall be held in each of the counties aforesaid, on the first Monday in February May, August and November, and the courts may alter the times of holding their stated terms, giving notice thereof in such manner as to them shall seem expedient.

"Section 1. The county line dividing the counties of Livingston and Linn be so changed as to continue up Grand river from where the range line dividing ranges 21 and 22 cross said river, to the sectional line dividing range 22 in equal parts ; thence north with said sectional line to the township line dividing townships 59 and 60 ; thence west with the original line of said county ; and the line of Linn county shall extend from the point last mentioned north with the aforesaid section line, to

The act organizing the county of Linn gives its metes and bounds three miles less in width than is shown on the map; its western border being range line dividing ranges 21 and 22. When the error was discovered or when the additional territory was added can only be supposed from the metes and bounds of the county as given by the revised statutes of Missouri, 1879, paragraph 5189. It reads:

Linn, beginning at the southeast corner of township 57, range 18 west; thence west to the southwest corner of section 34, township 57, range 22 west ; thence north with the subdivisional line to the northwest corner of section 3 of township 60, range 22 west ; thence east with the township line between township 60 and 61 to the northeast corner of township 60, range 18 west; thence south with the range line between ranges 17 and 18 to the place of the beginning."

This would make Linn county 27 miles east and west and 24 miles. north and south. The present map of Linn county does not show this area of territory, its northern line being different from the metes and bounds given by the section above quoted. This arises from the fact that township 60 is a fractional township, being on the east side of the county a trifle over five miles north and south and on the west side four miles and a half instead of the six miles of the usual congressional township. The north line, then, of township 60 bears south from the range between 17 and 18 to range line between 19 and 21 and a half miles; from there due west to the county line it divides tbe section nearly or quite equally. The county's true limit is 23 miles and a fraction north and south on the east sides, 22i/o miles north and south on the west line of the county, and 27 miles in width. This fractional township is what has deceived the writers or history of Linn county. There are not 684 square miles of territory in the county, but without going into fractions 611 square miles, and that area covers 392,040 acres of as fine land, in the richness and productiveness of its soil, as can be found in the valley of the Mississippi. This county, which was once a part of St. Charles, then of Howard, and later of Chariton counties, the garden spot of Central north Missouri, is what is now to be considered and all that is worthy of record mil be given, making it a standard book of reference of Linn county for all future time.

According to the Act of the organization, the first county court of Linn county was held on the first Monday in February, 1837. There was no date, however, on the record of the proceedings.

The court met at the house of Silas A. Fore. But two of the judges were present. James A. Clark, who afterwards became judge of this judicial circuit and held the office for nearly twenty years, was appointed clerk pro tem of the court. That appointment was the first order on record.

The next order was "that the court adjourn to the house of E. T. Dennison for the purpose of doing business it being so inconvenient to do business at Fore's."

It was ordered that elections be held in those townships on April 8, 1837, for the purpose of electing one justice of the peace for Parson Creek and Yellow Creek townships, and two of the same sort of officers for Locust Creek. The voting was to be done at the homes of certain citizens in the various townships.

The court ordered the sheriff to notify the judges of the elections, and to put up notices. The clerk of the court was also directed to procure a blank book for the use of the court before the next term.

Thomas Eappell, formerly of Virginia, and David MuUins, Locust Creek township ; Irvin Ogan, for Parson Creek and Mordecai Lane for Yellow Creek township.

The migratory court made another change of its headquarters, this time to Barbee's store, which was used until a permanent location could be had. James Howell was appointed presiding judge. John J. Flood was appointed assessor and filed his bond. E. T. Dennison, at whose home the court had met during its first session, was appointed clerk, a position which he was to hold until the next general election. At the June term Thomas Barbee was appointed treasurer. Another election was ordered for the first Monday in August to select an additional magistrate for both Parson Creek and Yellow Creek townships.

Judge Clark received $5,211/2 for Ms services as clerk. John J. Flood was paid $28.75 for assessing the taxes of the county. The sheriff was asked by duly entered order to refund to the county $1.50 on an overcharge in his account.

1837. It started from a mile west of George Epperly's to the old fish dam on Locust creek. Much work was done on the road in the way of cutting through hills and the building of culverts. The first road overseers were James A. Clark, Mordecai Lane, Sampson Wyatt and Thomas Eupel. The fact that a man was justice of the peace in no way interferred with his duty as a road overseer.

During the November term the important question of locating the county seat came up for discussion. The commissioners appointed for the state had failed to perform that duty, the people became tired of the delay and insisted that the county court should act.

The county court appointed David Duncanson, of Livingston county, James Jackson, of Howard county, and Hiram Craig, of Chariton county, to make the location. The sheriff was ordered to put up ten notices stating that the commissioners would meet on January 1,

1838, at the usual place of holding court in Linn county. It is not recorded whether the commissioners did meet at that time or not, but it is certain they did not make the location for more than a year thereafter.

David Duncanson and William B. Thompson selected the present site of Linneus to be the permanent county seat on October 29, 1839. For their services these commissioners received each $32. Their report was approved by the judge of the Circuit Court at the August term. The Honorable Thomas C. Bureh was then on the bench.

John Holland and wife conveyed to Linn county the townsite of Linneus, August 25. This donation decided the commissioners on the location. The deed by which Holland and his wife conveyed the property to Linn county is as follows :

"Know all men by these presents, that we, John Holland and Elizabeth Holland, his wife, have donated and given to the county of Linn, in the state of Missouri, for the benefit and use of said county, as a permanent seat of justice, fifty acres of land, bounded and situated as follows : Beginning at the post at the northwest corner of section 6, township 58, range 20; thence east along the north boundary of said section, fifty-four poles to a stake in the prairie ; thence south one hundred and forty-eight poles and five links to a stake in the prairie; thence west fifty-four poles to a stake on the range line, to which a red oak two feet in diameter bears north seventy degrees, thirty minutes east, eighty-two links, (and) a hickory ten inches in diameter bears south thirty-four degrees, thirty minutes west, sixty-three links ; thence north along the range line to the place of beginning; - to have and to hold the aforesaid tract of land, with all and singular the rights, privileges and immunities thereunto in any wise belonging to the said county of Linn forever ; and we further bind ourselves, our heirs, executors, administi'ators, and assigns to warrant and forever defend the title to the said tract of land to the said county of Linn against the claim or claims of all and every person or persons whosoever. In testimony whereof we have hereunto set our hands and seals, this 25tli day of August, in the year of our Lord one thousand eight hundred and thirty-nine.