BOURBON COUNTY


HISTORY OF BOURBON COUNTY, KANSAS

To the Close of 1865

by T. F. Robley

Fort Scott, Kansas 1894


CHAPTER XVIII

Page 133 - 140

AMNESTY BROKEN

The regular election for member of the Territorial Legislature was held on October 4, 1858. Bourbon County was in the 12th District. Thomas R.
Roberts was elected the member for this county.

On the 10th of October Governor Denver resigned, and Hugh S. Walsh became Acting Governor until the appointment of Samuel Medary, of Ohio. Governor Medary arrived at Lecompton on December 17th and assumed the office of Governor.

The truce agreed to in June had been generally observed and nothing objectionable to any party occurred until in November, when stealing commenced again. The houses of Poyner and Lemons, two farmers living north of Fort Scott, were robbed, and many other depradations were committed. It is not known who committed all these robberies, but they were generally laid onto "Montgomery's men." Some of the robberies were probably committed by men who had, at some time or other, been with Montgomery. There was no "polities'' in it more than there would be now days in any plain case of stealing, nor had it anything what ever to do with the amnesty agreement further than a tendency to "stir things up."

About the 17th of November, 1858, a man named Ben Rice, who had figured more or less as a Jayhawker was arrested on old indictments for crimes committed before the amnesty. It was said one indictment was for the murder of old man Travis who had been killed on the Osage nearly a year before. The arrest of Rice, although it was made by a Free State officer, on an indictment found by a grand jury, partly, at least, of Free State men, was regarded by many as a deliberate rupture of the treaty of peace and amnesty, which would be followed by the indictment and arrest of all who had been active in the border difficulties, and that the revival or resumption of the execution of old writs for past offenses of a political nature would fall only on men of the Free State party, as most of the men of the Pro-slavery party who were liable under the law for crimes and misdemeanors had been driven out or had voluntarily left the Territory.

Montgomery also regarded the arrest of Rice on such an indictment as a violation of the agreement with the Governor of June 15th. He argued that all offenses committed prior to that date should be "amnested." The other side claimed that the agreement was, substantially, that for past offences no arrests should be made except on duly authenticated indictments by grand juries. Such in fact was the real spirit and intent of the Denver agreement.

Then followed a couple of weeks of uneasiness and growing dissatisfaction, when a meeting was called at Rayville to endeavor to quiet things down again. W. R. Griffith was president, J. C. Burnett and Rev. M. Brockman, vice-presidents, and J. E. Jones, secretary. Montgomery, in a speech interpreted the June agreement, claiming that amnesty was of the essence of that treaty, etc. A motion that offenses committed prior to June 15th be referred to grand juries of the proper counties was lost. On the other hand, a motion to forcibly release Rice was also lost. There was some further discussion, but it was impossible to agree on any line of action, and Montgomery determined on the release of Rice.

RELEASE OF RICE - DEATH OF LITTLE

On the night of the 15th of December, 1858, a party with the purpose of releasing Ben Rice from custody assembled at the house of old man Wimsett, about three miles west of Fort Scott on the Marmaton river. The leaders present were old John Brown, Montgomery and Jennison. These men had with them their lieutenants and particular followers which they had brought down with them from Linn County, of about fifteen men each. On the Osage they were joined by some twenty more and five or six were added to their force on the way down through the county, making the aggregate number at Wimsett's sixty-eight or seventy men. They also brought down a small cannon, then owned by the Mound City people-now in possession of the State Historical Society-which they called "Betsy." Alec Howard, of Osage, hauled Betsy down in a two-horse wagon.

A general council was then held by the prominent men to arrange details. The question of who should command the expedition came up. Brown wanted to lead. He claimed he was the oldest man and oldest in the border war and should have command. He defined his plan of campaign as the absolute destruction of the town and the killing of all who resisted. Hazlett, Whipple, Kagi and some few others supported Brown. Montgomery claimed that he should lead; that the people of the Osage country, in both counties looked to him and relied on him, and he knew their wishes; that he had been their representative in the Denver agreement, and in all the public meetings at Rayville and other points; that the sole and only object of the expedition was the release of Rice, and that not a single house should be burned or a man killed, and finally, in the most arbitrary manner he declared that he was and would continue in command. Jennison had nothing to say. He was there to go in with anybody and run his chances. He afterwards, in a published "sketch of his life" claimed that he was the leader, but his leadership began after the store was broken open and the goods in sight. The party then started for Fort Scott, crossing the Marmaton at the California ford. Brown remained at Wimsett's. The affair had assumed too insignificant proportions for the great "Liberator" to fool with, especially if he couldn't boss the job.

After their arrival at the edge of town, at the house of J. N. Roach, called "Fort Roach" by the boys, which was a log house near the present corner of National avenue and First street, they halted and there formed into three squads of twenty men each. It was now just daylight, between six and seven o'clock^ On reaching the Free State Hotel, where they had previously ascertained Rice was kept, the first division passed quietly by the right to the rear of the house, the second squad to the left, and the third mounted the big flight of stairs in front and passed on up to the third story, where they found Rice and quickly released him. While this was going on a tragedy was being enacted in the building just across the alley from the hotel. This building, still standing, was built by the Government for quartermaster's stores. It is a long, one-story frame house, and was at this time occupied by Little & Son as a general store. A partition had been run through lengthwise, and the part next to the hotel was the storeroom, and the other part was occupied by the Little family. The store had a front entrance and also a side door. John Little and George A. Crawford, for that night, were sleeping in the store. The noise made by the rescuing party aroused their attention. Just then they heard some one cry "Jayhawkers." Then Little grabbed his gun, opened the front door a few inches and, seeing an armed mob, fired on them, lodging a load of duck-shot in the heavy overcoat worn by Hazlett. Kagi, standing near Hazlett, instantly fired at the door, putting a ball through it just above Little's head. Little then locked the front door and went to the side door, placed a goods box against it and mounted it in order to see through the transom what was going on. The glass in the window was dusty and he took his white handkerchief and was cleaning a spot so he could see out better, when Capt. Whipple, standing about at the corner of the hotel, seeing the handkerchief moving, fired at it with his Sharp's rifle. The bullet struck Little in the forehead, and he dropped to the floor and expired in a few minutes. Then the uproar commenced. The Jay-hawkers thought there were armed men in the store. The cannon was brought up to bear on the house. Some one shouted that there were women and children in the house. Then the doors were all opened or broken down, front and rear. They found no one in the front part of the store but Mr. Crawford and the dying Little. They assisted Mr. Crawford in carrying Mr. Little around to the part of the house in which the family lived.

In the meantime several citizens had made their appearance, and as fast as they did so they were arrested. Colonel and Mrs. Wilson, in the next house to the hotel, came out on the porch and were ordered down on the sidewalk among the other prisoners. Alec McDonald, living in the next house to Colonel Wilson's, came out. Jennison, standing on the sidewalk in front of Wilson's, ordered him to surrender and come down there. McDonald declined the invitation and darted inside the door just as Jennison let go at him with his rifle. The ball is in the door now.

Montgomery, seeing Mrs. Wilson, thought he saw in her face a resemblance to Dr. Hogan, who had once befriended him when they all lived in Missouri. On ascertaining that Dr. Hogan was her brother, he at once released her and the Colonel and promised that their store should not be disturbed, but "requested" that the Colonel furnish some of his men with break-fast. The Colonel ordered breakfast at the Western Hotel for thirty, but the men did not stay to eat it. The jay hawkers on breaking open Little's store, seeing the dry goods, boots, saddles, etc., began to help themselves. Jennison was in there. He took one of the new saddles, turned it over on the floor and piled dry goods and things on it, then buckled the surcingle over them, poked his gun through the bundle, shouldered it and walked off. He looked liked the cuts in newspapers and hand-bills of those days advertising slaves.

C. F. Drake, Crawford and others went to Montgomery and tried to have him stop the stealing. He did try to, but the fellows had got a taste and he could not control them. He did, however, succeed, like in time of a big fire, in "confining it to one block."

Little made a fatal mistake in firing the first shot into the mob. While it cannot be stated without question that if there had been no resistance or show of arms there would have been no bloodshed or firing on unarmed citizens by the rescuing party, it is altogether probable that such would have been the case. There was a bad element along, headed by Jennison, who only awaited an excuse like being first fired on to shoot at any body they saw, or commit any depredation.

George Stockmyer, Mr. Tabor and Mr. Johnson, living in the neighborhood of Dayton, learned of the proposed attempt to release Rice the day before, and with a view of preventing probable trouble, started that night for Port Scott with the intention of inform ing the proper officers and getting them to release Rice in advance of the mob. But they were prevented for some reason, and did not get in until too late.

The tragic death of John H. Little was much regret-ted by all who knew him, not only in town, but throughout the country where he was well acquainted. Every body knew "Little & Son," and Little's Store. He was a man of strong Pro-slavery prejudices, but of late he had nothing to do with politics, but was attending strictly to the business affairs of the store.

The right name of the man who shot Little was Aaron D. Stevens, who was then going under the assumed name of "Capt. Whipple." He had a singular history. At the age of fifteen he went into the Mexican war and, young as he was, he distinguished himself for undaunted courage. After the war his command started home across the plains. One day an officer was grossly abusing a private soldier. Whipple witnessed it as long as he could stand it and then turned in and whaled the officer nearly to death. For that Whipple was sent to Leavenworth, tried, and sentenced to be shot. But he escaped. In January, 1856, he turned up at Topeka, got in with the boys, and was made Captain. Later he joined John Brown and died with him for the Harper's Ferry business, as did also the men called Kagi and Hazlett.

CHAPTER XIX

Pages 141-145

MILITIA ORGANIZED

The incidents which had occurred during the last of December renewed the excitement throughout the county. The citizens of Fort Scott and the neighborhood made application to Governor Medary for troops. The Governor having no troops to send advised the organization of home militia to act with the Marshal in enforcing the law. They acted on his suggestion and the organization of militia companies was begun about the first of the year. John Hamilton, the old sergeant of the regular army, who was here when the post was established in 1842, was captain of the first company, and C. F. Drake lieutenant. Another company was organized by Alex. McDonald, W. T. Campbell, A. R. Allison and W. C. Denison. Two or three other companies were started; they had plenty of men for officers, but they ran out of men for privates. They finally concluded that, as the weather was pretty cold anyway, they would let old John Hamilton run the military department. Being an old soldier he immediately brought matters into military shape, with roll-call, guard mounting, drill, etc. Their arms were all private property and were of as heterogeneous a character as could well be imagined-flint-lock muskets, rifles of every imaginable pattern, shot-guns, carbines and pistols.

On application of Governor Medary a quantity of smooth-bore muskets were sent to the end of the Pacific railroad, whence, during the month of January, 1859, they were escorted to Paris by a company from Linn County. On the trip, Captain Weaver, in charge of the party, in drawing a loaded gun from a wagon, was accidentally shot and killed.

The greater part of the month of January was spent in drilling. The force was divided into three companies under Captains Hamilton, McDonald and Campbell. J. E. Jones, A. McDonald and W. T. Campbell were appointed Deputy U. S. Marshals. The men were all regularly mustered and sworn in.
Sunday morning, January 30, 1859, a company of fifty men started for Paris after the new arms. The trip occupied four days and on their return preparations were at once made to go in pursuit of the Jayhawkers. The entire mounted force marched at midnight on the 4th of February. Hamilton's company reached the Little Osage, near the present Fort Lincoln, at daybreak.

For three days they scoured the Little Osage country clear to its head, riding almost continuously, and returned to Fort Scott at midnight of the 7th with about a dozen prisoners, completely worn out.

After a few days' rest they proceeded with their prisoners to Lawrence, where they were to be tried.

The difficulties in Southeastern Kansas early engaged the attention of the Legislature, to whom the Governor had presented his version of the matter. To remedy the evils in this part of the Territory the jurisdiction of Douglas county was extended over the infected district, and all persons were ordered to be brought to Lawrence for trial, away from the scene of strife. That is the reason these prisoners are being taken there.

LAWRENCE AND FORT SCOTT GET ACQUAINTED

Continuing their journey they camped at Black Jack on the night of the 14th. Next morning, at the Wakarusa, Marshal Campbell met them with the news of the passage of the "Amnesty Act," and the captives were turned loose. The wagons and most of the men at once set out on their return to Fort Scott. Some, desirous of visiting Lawrence, since they were so near, and with no suspicion of the reception they would receive, rode on. As they quietly pursued their way up Massachusetts street, and had almost reached the Eldridge House, the cry was raised in the crowd that Hamilton, their Captain, was the Hamilton of Marais des Cygnes fame. In a moment they were beset by a fierce mob numbering several hundred. Resistance was
useless. Putting spurs to their horses they dashed for the prairie. But the mob was ahead of them. As they galloped down New Hampshire street they received a perfect avalanche of bullets, brickbats, rocks, mud and sticks. In a short time they were completely hemmed in, and then there was nothing for it but to surrender. But everything was explained after awhile and they were treated with the greatest consideration during the remainder of their stay in that city.

One good result of this affair was that Lawrence and Fort Scott became better acquainted, and the bad impressions and prejudices of both towns which had existed against each other were, to a great extent, removed. Fort Scott's opinion of Lawrence was that it consisted principally of jayhawkers and thieves, and Lawrence was entirely certain that Fort Scott contained nothing but Border Ruffians, with Doc Hamilton as Mayor and Brockett as Police Judge. When they found that the Fort Scott people were, like the best men of their own town, only interested in the peace and prosperity of Kansas, they felt most kindly towards them, and from that day both communities drew a clearer line between "jayhawkers" and good citizens.

The "Amnesty Act'' mentioned was passed by the Legislature only a short time before, and was to this effect:

SEC. I. That no criminal offenses heretofore committed in the counties of Lykins, Linn, Bourbon, McGee, Allen and Anderson, growing out of any political difference of opinion, shall be subject to any prosecution on complaint or indictment in any court whatsoever in this Territory.

USEC. 2. That all actions now commenced growing out of political differences of opinion, shall be dismissed.

This act, taking effect immediately after its passage, pardoned and liberated all political prisoners then in custody within the designated limits.

COUNTY SEAT MOVED

In the winter of 1859 the county seat was moved from Fort Scott to Marmaton City. There was a combination of circumstances which effected this removal. There was a feeling that the records and other property of the county would be more secure away from Fort Scott. There was also considerable feeling of animosity against that town, as the result of old, prejudices, and it is probable, also, that a scheme for a real estate speculation, headed by T. R. Roberts, the. Representative in the Legislature, had something to do with it. At any rate the records were moved, and the first meeting of the County Board was held on the 25th day of February, 1859. At this meeting the townships of Freedom, Franklin and Marmaton were organized.

The people of Fort Scott sat still and saw the records and offices moved away without much protest, as they, even then, relied on their "natural advantages" for the future of their town. But C. F. Drake and a few others realized the necessity for having the County Seat at Fort Scott, if it was in future to be the principal town in the county, and they went to work to recover it, as will be seen hereafter.

PREPARING FOR ANOTHER CONSTITUTION

On the 7th of March, 1859, Governor Medary issued a proclamation calling an election for or against holding a Constitutional Convention, in order to ascertain whether or not the people wished a State government.

This election was held on the 28th of March, 1859. It was the first step under the movement for the Wyandotte Constitution.

Bourbon County voted as follows:

For a Constitutional Convention 333
Against a Constitutional Convention 47
Majority for 286
The total vote in the Territory was:
For a Constitutional Convention ...... 5,306
Against 1,425
Majority for 3,881

This was a very light vote. There was but little division of public sentiment on the question, and no contest at the polls. Everybody was in favor of a State government, except a few bad smelling politicians, old time Jay hawkers and Border Ruffians, whose "political principles'' had degenerated into the sole desire to see the country kept embroiled and the field kept open for plundering, thieving and guerrilla warfare.

AN ALL-AROUND GOOD YEAR

The spring of 1859 opened and continued fairly seasonable, except there was a little too much rain. Even up to June the rivers and streams, from the Marais des Cygnes down, were often past fording, and sometimes out of their banks. But, nevertheless, the prospect for growing crops was good, and there had been much more planting than ever before.

Emigrants were coming into the Territory in large numbers, although that year the "Pike's Peak" excite-ment was at its height, which diverted much the larger stream of emigration to the gold fields of the Rocky Mountains.

Bourbon County, however, in spite of the troubles, trials and vexations she had passed through, in spite of the marauding of irresponsible men, which had cast an odium on her good name, and in spite of the heretofore almost lawless condition of society, was, nevertheless, receiving a fair share of good farmers and good men. The valleys of the Osage, Marmaton and Dry wood were filling up, and the high open prairie was being intruded upon by the cabin and corral. Towns were springing up, Dayton, Xenia, Uniontown, Rockford, Cato, all with at least a store, and a post office.

The names of all who settled in the county that year should be recorded here, but it is impossible. They came in too thick.

Fort Scott received a good increase in population during 1859, also. Among the many coming in that year was C. W. Blair.

Charles W. Blair located in Fort Scott in the spring of 1859. He was born in Georgetown, Ohio, February 5, 1829. He studied law when a youth and at the age of twenty-one was Prosecuting Attorney for his county. December 25, 1858, he was married to Miss Katherine Medary, daughter of Hon. Samuel Medary, who was soon afterwards appointed Governor of Kansas Territory. He was accompanied to Fort Scott by his old law tutor, Hon. Andrew Ellison, and they entered immediately upon the practice of law, which has been the occupation of his life except the interim during the late war. Blair was always a Free State Democrat, and after Sumpter was fired on he was a War Democrat in the full sense of the term. He began his war service by raising the first company of soldiers organized in Fort Scott. Afterwards, he passed through the several grades of Major, Lieutenant-Colonel and Colonel, and in the latter part of the war was promoted Brigadier General, at the special request of U. S. Grant. His star was, in part, gained on the bloody ridge of Wilson Creek, when, after the incompetent "political General" Sigel was crushed and his guns taken, and he discovered he was fighting Americans, the rebel host turned in full force on the main line-when, after the noble Mitchell and Deitzler, of the First and Second Kansas, had fallen badly wounded, Lieutenant-Colonel Blair took command of both those stunned and shattered regiments, rallied them into line on the right of the Iowa men and advanced to the ringing call of Lyon: "Come on, brave men, I will lead you."

CHAPTER XX

Pages 146 - 150

DELEGATES TO THE WYANDOTTE CONVENTION

The election of delegates to the Wyandotte Constitutional Convention occurred on the 4th of June. The candidates for delegates from Bourbon County were J. C. Burnett and W. R. Griffith, Republicans, and Ezra Gilbert and Hugh Glen, Democrats. The election resulted as follows:

J. C. Burnett, 281
W. R. Griffith, 294
Ezra Gilbert, 229
Hugh Glen, 229

In the Territory 14,000 votes were cast. The Repub-licans elected 35 and the Democrats 17 delegates. The Convention was to meet at Wyandotte on the 5th of July, 1859.

Affairs in Bourbon County were now quiet. Peace had apparently come to stay. As the 4th of July ap-proached the people decided to celebrate in the good old-fashioned way. Meetings were held, committees appointed and all the preliminary arrangements made. They proposed to invite everybody to come and participate, and give them a good dinner. The preparations were on an enormous scale. There were loads of cooked
beef, pork and mutton, mountains of bread; immense quantities of cake and pie, prepared by the ladies. A four-horse wagon load of ice was brought from the Marais des Cygnes at a cost of 10 cents per pound, for manufacture of lemonade. The ground selected was in the bottom, just west of the point of the bluff back of town, near the big spring. Governor Ransom was President of the Day; Hon. Jos. Williams, Colonel Judson, Judge Farwell, M. E. Hudson, Thomas Helm, W. T. Campbell and Colonel Morin, Vice-presidents; Rev. Mr. Thompson, Chaplain; Mason Williams, Reader; L. A. McCord, Orator.

The crowd was immense; the usual proceedings were had; all were filled, some of them apparently for a month ahead.

A GRAND BALL

In the evening there was a "grand ball" at the Fort Scott Hotel. Again Joe Ray ' 'called," assisted by C. W. Goodlander. The boys were supplied with "invitations" printed on small sheets of note paper, with display type and gold-tinted letters, gotten up in the very best style of the job office.
The boys would take these (tball tickets,'' fill in the name of their "first choice," and in the event that she was already engaged or couldn't go, would fill out another invitation and send to some other girl. Keep trying.

The colored people had a ball that same night, just in the rear of the hotel. They didn't have to go to the expense of music or the trouble of "calling." They just waited till the white folks started up, and then went at it with a whoop.

THE FORT SCOTT "DEMOCRAT" REVIVED

Sometime before this, J. E. Jones had suspended the publication of the Democrat, and left town. The Town Company, who owned the material, was desirous that the paper should be revived, so negotiations with that end in view, were opened with William Smith and his son, E. A. Smith, who decided to give it a trial. The first number under their management was issued on the 14th of July, 1859, and they continued its publication regularly until the summer of 1861, some time after the breaking out of the war, when E. A. Smith left the editorial chair and went into the army.
In 1882 he published in one of the city papers a considerable amount of excerpts from the Democrat, something in the diary form, which he said "was not designed as a connected narative or history, but rather as data which may aid some one else in such a work." These data were principally in reference to events which occurred in Fort Scott, and were of great assistance in the preparation of this work, especially in the matter of dates.
The advertising columns of the first number of the Democrat show at that time a very respectable business community. Of lawyers there were Ellison & Blair, William Margrave, S. A. Williams, John C. Sims, C. P. Bullock, Richard Stadden, Williams & Bro. (Mason and Wm. M.,) James J. Farley, George A. Crawford, and L. A. McCord; there were doctors J. H. Couch, A. M. H. Bills, and A. G. Osbun. E. A. Smith was County Surveyor. General merchandise was represented by H. T. Wilson, Hill & Riggins, George A. Crawford & Co.

John S. Caulkins was in the clothing, Malone in the grocery, and C. F. Drake in the stove and tinware business. Then there were Robert Blackett and Daniel Funk, tailors; C. W. Goodlander and Dennison & Waterhouse, carpenters; John G. Stuart, carriage and wagon maker; E. L. Marble, boot and shoemaker; Tom Huston, saddle and harnessmaker; Fort Scott Hotel, B. B. Dillon, prop.; Western Hotel, L,inn & Harris, props.; Harry Hartman, bakery and ice cream saloon.

WYANDOTTE CONSTITUTION

The Wyandotte convention completed their labors on the 4th day of October, 1859.

The vote in the Territory was as follows:

For the Constitution 10,421
Against 5,530
The vote in Bourbon County was:
For the Constitution 464
Against 256

This was the Constitution under which the Terri-tory was finally admitted into the Union as a State.

On the 8th of November an election was held for delegate to Congress, and for Territorial Legislature.

In Bourbon County the vote was as follows: For Delegate, M. J. Parrott, Republican, 368; S. W. Johnson, Democrat, 251. For Representative, H. Knowles, Republican, 359; G. Hubbard, Democrat, 259.

On the 6th day of December an election was had under the Wyandotte Constitution for State officers,

Representative in Congress and State Legislature, to take effect when the Territory should be admitted as a State. Charles Robinson was the Republican and Samuel Medary the Democratic candidate for Governor, Martin F. Conway, Republican, and J. A. Halderman, Democrat, for Congress; W. R. Griffith of Bourbon County was the Republican candidate for Superintendent of Public. Instruction. The entire Republican State ticket was elected by about 7,900, against 5,400. The vote in Bourbon County on Governor-and about the same on the other officers-was: Robinson, 275; Medary, 149. J. C. Burnett, Republican, was elected for State Senator by 270, against Geo. A. Crawford, Democrat, 141. Horatio Knowles was elected Representative by the same vote.

A District Judge was also elected December 6th, under the Wyandotte Constitution. Bourbon County was to be in the Fourth District with Allen, Anderson, Douglas, Franklin, Johnson, Linn and Lykins, (after-wards Miami). Solon O. Thatcher, Republican, and James Christian, Democrat, were the candidates. The vote in this county was substantially the same as for Governor, and Solon O. Thatcher became our first District Judge.
Judge Thatcher served until 1864 when he resigned, and Hon. D. P. Lowe, then of Linn County, was appointed to fill the vacancy.

Epaphroditus Ransom died at his residence in Fort Scott, Nov. nth. B. B. Dillon died on the 16th.

Mr. Rankin organized a Presbyterian church in Fort Scott. It was composed of John S. Caulkins, Mrs. A. McDonald and Mrs. Wm. Smith.

CHAPTER XXI

Pages 152 - 159

LEGISLATURE MEETS

The Territorial Legislature met at Lecompton on the 2d of January, i860, but soon after adjourned to Lawrence. The town of Dayton was incorporated by an act of this Legislature, approved February 18, 1860. The Dayton Town Company consisted of George Stockmyer, D. J. Patterson, E. Kepley, George A. Crawford, O. Darling, C. E. Cranston, J. S. Dejernett and Amos Stewart.

FORT SCOTT TOWN COMPANY INCORPORATED

On the 27th of February, i860, the Legislature passed an act incorporating the Fort Scott Town Company. The company had been in existence since January, 1857, up to this time been incorporated by law. Geo. A. Crawford, W. R. Judson, Joseph Wil-liams, E. S. Lowman, H. T. Wilson and Norman Eddy were named in the act of incorporation.

FORT SCOTT INCORPORATED AS A CITY

On this same date-February 27, i860-an act was passed with the following title: "An act to amend an act to incorporate the town of Fort Scott'' Section First provided: "That all that district of land described as follows, to wit: The southwest quarter, the west half of the southeast quarter, the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of Section Thirty, Township Twenty-five, of Range Twenty-five, be and hereby is declared to be a city by the name and style of the City of Fort Scott."

The act also provided that the first election should take place on the second Monday of March, i860. A. R. Allison, S. A. Williams and C. F. Drake were named inspectors of said election.

FIRST CITY ELECTION-COUNTY ELECTION

The city election took place according to law, and resulted in the choice of the following officers: Mayor, W. R. Judson; Councilmen, H. T. Wilson, C. W. Blair, John S. Redfield and George A. Crawford; Clerk, Wm. Gallaher; Recorder, Wm. Margrave; Marshal, Richard Phillips; Assessor, John S. Caulkins; Treasurer, A. McDonald; Street Commissioner, A. R. Allison. At this election, the first in the new city, 81 votes were cast W. R. Judson failed to qualify as Mayor, and Joseph Ray was elected to that position, and became the first Mayor of Fort Scott.

On the 10th of September, i860, Joseph Ray, as Mayor, purchased the town-site of Fort Scott from the United States, consisting of 319 11-100 acres, as described in the act of February 27th, incorporating it as a City. The patent afterwards issued by the Government for the land described is dated July 10,1861. About the 1st of April, i860, a county election was held at which the following named county officers were chosen: County Commissioners, Isaac Ford, Lester Ray, G. W., Miller; Probate Judge, H. Knowles; Assessor, J. N. Roach; Treasurer, J. Aitkin; Register of Deeds, W. H. Norway; Coroner, Dr. Freeman.

THE LAST BORDER DIFFICULTIES

In May, 1860, the notorious "Pickles" of Linn County, a general all-round thief, was arrested and brought to Fort Scott for trial for theft. His real name was Wright, but he got his nick-name of "Pickles" for having, in one of his expeditions, stolen a two-quart jar of pickles and devoured them as he rode along. When taken into court he plead guilty to the charge of horse-stealing, and was at once sentenced to the penitentiary, as an act of discretion, to avoid falling into the hands of an Osage Vigilance Committee, who had assembled in town, headed by old Billy Baker with a rope. Some of Pickles' gang came down as far as the Osage and endeavored to raise a rescuing party, after the Ben Rice fashion, but they soon abandoned the project. The day for that sort of thing had passed. The vigilance committee mentioned, or anti-horse thief society, as they called themselves, which had been formed up about Mapleton, came into town to look after the Pickles trial, with an eye open for a possible attempt at rescue.

Pickles fared better than did a man named Guthrie, who, some time before this, was found with a horse supposed not to belong to him, and was taken from the hands of a constable and hanged by this committee. They also got hold of Hugh Carlin, who had given the settlers on the Osage a good deal of trouble, and in the early part of July he was taken from the house of A. F. Monroe, without giving him time to dress, and that was the last of Hugh Carlin.

In these hangings a young man named L. D. Moore was particularly active as a member of the committee. On the night of the 16th of November he was visited by Jennison, with a squad of about twenty men. Upon arriving at Moore's house, Jennison kicked open the door and shot Moore before he had time to get out of bed. This murder was in retaliation for the hanging of Carlin. Although Moore, who had settled on the Osage in 1857, was a Pro-slavery man, politics had little or nothing to do with his death. It was a kind of an after thought a finishing up job of Jennison's, who two days before that had started out on a circuit in Linn county, first hanging old man Scott in h,is own door yard, in the north part of that county; the next
day hanging Rus Hines near the Missouri State line, east of Mine creek, and winding up with the killing of Moore. The first two were killed on the pretext that they had aided in the return to the owners of runaway negroes, and Moore was killed because he was, as Jennison said, "a little too conservative."

There was, in the fall of i860, a secret society organized in Linn county, which they called the "Wide Awakes." It probably existed to a more or less extent all along the border. In Linn county it was especially strong. Nearly every Free State man in that county joined it. The fundamental principles of this society were opposition to the enforcement of the Fugitive Slave Law; to take measures on all occasions to nullify its provisions; to uphold the officers, sheriffs, etc., in its nullification; to forcibly prevent the return of fugitive slaves, and, when they got over into Kansas, to give them a bag full of grub and show them the north star. The society did not, however, propose to take violent measures in the case of men who were aiding and assisting in the execution of the law. But Jennison and a few with him took the general feeling as a license for him to do so, and the death of Scott and Hines, and indirectly that of Moore, was the result.

In Bourbon County all these murders, by both parties, caused a decided revulsion of feeling, not only against the Jayhawkers, but all other species of mob violence, vigilance committees, protective societies, etc., in all forms. The point was passed where anything more of that kind would be tolerated. The disposition and determination of the public mind was to inaugarate, to establish the forms and preceents they had been accustomed to in the old States, and thus bring order out of the utter chaos which had so far reigned from the day the Territory was organized. It was not hoped that this could be accomplished in a day, but it was, nevertheless, practically so, for these were the last outrages perpetrated under the guise of " Free State" or "Pro-slavery."

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