Anderson County KS Archives History - Books .....Chapter III 1877
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Book Title: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.

CHAPTER III.

  Appointment of County Officers—Locating First County Road—Locating Permanent
County Seat —First Term of District Court—Organizing Pottowatomie Rifle
Company—They break up Cato's Court, at Shermanville.

  ON the 12th day of January, 1856, the second session of the probate and
commissioners' court was held at Francis Myer's. Present, Goerge [sic] Wilson,
probate judge, and Francis Myer, member. A petition was presented, asking the
appointment of David McCammon as sheriff of Anderson county, whereupon they,
appointed David McCammon as sheriff.

  January 18 David McCammon qualified as sheriff by giving bond and taking the
oath prescribed by the law of 1855, and was the first sheriff of the county.

  January 18 the probate and commissioners' court held its third session, at the
house of Francis Myer. Present, George Wilson, president, and Francis Myer,
member. At this meeting J. S. Waitman was appointed to the office of
commissioner. Waitman qualified and entered upon the duties of his office on the
same day. This was the first time a full board of commissioners had existed in
the county. The board, as then constituted, consisted of the probate judge as
president, and two county commissioners as members, and was designated in law as
the "board of commissioners," but styled in the record of their proceedings the
"probate and commissioners' court."

  January 18, 1856, C. H. Price was appointed justice, of the peace for the
county, and was commissioned by George Wilson, probate judge. Price qualified on
the i5th day of March, by subscribing the oath prescribed by the law of 1855,
and was the first justice of the peace in the county.

  On the i8th day of January the commissioners appointed C. H. Price treasurer,
and on the same day he was commissioned as treasurer of the county by George
Wilson, probate judge. Price qualified as treasurer by giving bond and
subscribing the oath required by the law of 1855, and was also the first
treasurer of Anderson county.

  February 4 the probate and commissioners' court held its session at the house
of David McCammon. Present, Francis Myer and John S. Waitman, commissioners, and
David McCammon, sheriff; George Wilson, probate judge, absent. At this meeting
Thomas Totton was appointed clerk of the probate and commissioners' court.

  A petition, signed by Richard Golding and others, praying for the location of
a road from Shermanville, in Franklin county, to Cofachique, in Allen county,
was presented, which the commissioners took under consideration and adjourned to
the 9th of March, when they again met at Francis Myer's. Present, George Wilson,
probate judge, Francis Myer and J. S. Waitman, members. The petition of Richard
Golding, for the location of a road from Shermanville, to pass through the
county seat of Anderson county; from thence to Hampden and Cofachique, the
county seat of Allen county, was considered, and David McCammon, James Townsley
and Samuel Mack were appointed commissioners thereon, to locate the road as
prayed for, to be 70 feet wide. This was the first road located in the county.

  February 11, George Wilson, probate judge, issued a notice to Zack Schutte,
commanding him to desist from committing trespass on school lands— section 36,
township 19, range 20. The notice was addressed to David McCammon, as sheriff,
and was served on Schutte the same day. February 11, George Wilson, as judge of
probate, issued a notice of the same kind to John Waitman, for the same purpose.

  February 18,1856, a petition was presented to the commissioners, praying for
the permanent location of the county seat of Anderson county, signed by the
following persons: A. McConnell, John H. Wolken, John H. Rockers, James McGue,
T. Bran Le Van, L. Phillips, Chris. Whitkop, David McCammon, Thos. Totton,
Darius Frankenberger, William Rogers, Patrick Tyler, I. B. Tenbrook, Ephraim
Reynolds, Dr. Charles Muchelberry and Fred. Tochterman. On consideration whereof
the commissioners appointed David McCammon, James Townsley and Thomas Totton
commissioners to locate the county seat of Anderson county, with positive
instructions that the same should be located within three miles of the
geographical center of the county. February 28, 1856, the commissioners
appointed to locate the county seat made the following report:

  "We have viewed, laid out and located, and do report for public good to the
county of Anderson at large, and have examined as to water, rock, timber, and
also a due regard to the situation, the extent of population, and quality of the
land, and the convenience of the inhabitants, and as little as may be to the
prejudice of any person or persons, we have located it as follows: Northeast
quarter of section 31, township 20, range 20, and southeast quarter of section
31, township 20, range 20."

  March 1 the report of the commissioners to locate county seat was accepted by
the court, and the county seat was then located at the point selected; and this
point was called Shannon, where all the county business was transacted from that
time until the 5th day of April, 1859.

  March 1, 1856, the board of commissioners allowed the first accounts against
the county, as follows: FrancisMyer,$18.00; John Waitman, $15.00; George Wilson,
$102.95; D. McCammon, $18.00; in full of all demands up to February 18, 1856,
for services as board of commissioners and sheriff of the county.

  March 6 William Rogers was commissioned justice of the peace by the Governor.
Rogers qualified as justice March 17, by subscribing to the oath prescribed by
the law of 1855.

  March 6, John Rogers was commissioned by the Governor as constable, and he
qualified as constable on the 17th of the same month.

  Thomas Totton was, on the 29th of February, commissioned as clerk of the
county, by the Governor.

  April 19, 1856, Anderson Cassel was commissioned by the Governor as coroner of
Anderson county, and qualified by taking the oath of office May 19, 1856. He was
the first coroner of the county.

  The Territorial Legislature in 1855, in the act defining the boundaries of
counties, attached the county of Coffey to Anderson county for civil and
military purposes.

  On the 28th day of January, 1857, the following order appears on the record of
Anderson county:

  "It is ordered by the county commissioners that the following appointments,
made by his excellency, John W. Geary, is approved by the court of Anderson
county, for the organization of Coffey county: John Woolman, as .probate judge;
Richard Burr and Samuel Losbue, as county commissioners; Turner Losbue, as
constable; and John B. Scott, as justice of the peace."

  The above persons were commissioned on the 8th day of January, 1857.

  On the fourth Monday in April, 1856, the first term of the district court was
held in the county, by Sterling G. Cato, one of the United States district
judges. The court convened at the house of Francis Myer, on the claim then owned
by him, near the present site of Greeley, but more particularly described as the
southeast quarter of section 19, township 19, range 21. The following persons
were on the grand jury: C. E. Dewey, J. S. Waitman, H. Britten, J. Vahderman, C.
H. Price, Patrick Tyler, Wm. Rogers, Joshua Griffith, D. Frankenberger, I. B.
Tenbrook, Samuel Mack and A.. Wilkerson. J. S. Waitman was foreman.

  There is no record of the proceedings of this court to be found. It was in
session for an entire week, and the bills of indictment that were found were
carried away by the court. Cato brought his own clerk and prosecuting attorney
with him. No civil business was transacted at the term of the court, and no
arrest was ever made on any of the indictments found.

  The Pottowatomie rifle company was organized in the fall of 1855. This company
had its drill ground on the Pottowatomie, between Dutch Henry crossing and the
present site of Greeley. . John Brown, jr., was elected captain of the company.
Its members were Anderson and Franklin county men. Jacob Benjamin, James
Townsley, Allen Jaqua, Frank Ayres, D. G. Watt, Samuel Mack, A. Bondi, H. H.
Williams, W. Ayres, Milton Kilbourne, Dr. Gilpatrick and others were members
from Anderson county.

  The presence of this company broke up Cato's court at Shermanville, in the
spring of 1856, a few days after his court had adjourned in Anderson county.
Cato left in such haste that he did not take time to adjourn his court, or
notify the jury that was out at the time, of his intention to close his court;
and this was the last court that Cato attempted to hold in this part of the
Territory.



Additional Comments:
THE HISTORY OF ANDERSON COUNTY,
FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876.
BY
W. A. JOHNSON,
CHAIRMAN OF HISTORICAL COMMITTEE.

PUBLISHED BY KAUFFMAN & ILER, GARNETT PLAINDEALER,
1877.

Entered according to act of Congress, in the year 1877, by
KAUFFMAN & ILER, In the office of the Librarian of Congress,Washington, D. C.


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