GOODSPEEDS' - BENTON COUNTY, ARKANSAS
Part 2
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SOURCE: History of Benton, Washington, Carroll, Madison, Crawford,
Franklin, and Sebastian Counties, Arkansas. Chicago: The Goodspeed
Publishing Co., 1889.
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SOCIETIES.
Benton County Medical Society.-The Benton County Medical Society was organized in
1875, with only five members. It was organized auxiliary to the State Medical
Society, and it now has seventeen members. All graduated physicians of the county,
possessing other proper qualities, are eligible to membership. The present officers
are Dr. Theo. A. Coffett, president; Dr. Thomas W. Hurley, secretary; Dr. W. R.
Davis, treasurer. The society meets monthly, usually at the city of Bentonville.
page 63
Harmonial Vegetarian Society.-This society was organized in 1860, and on the 29th day
of October, in that year, J. E. Spencer and Martha, his wife, for the consideration
of $6,000, conveyed by warranty deed to A. D. Tenney, John Murphy and Milton Vale,
trustees of the society, the following parcels or tracts of land, to-wit: The
southwest quarter and the west half of the southeast quarter of Section 12, the
northeast quarter and the east half of the northwest quarter of Section 13, Township
20 [p.63] north, Range 34 west and the southeast quarter of the southeast quarter of
Section 23, Township 21 north, Range 34 west, containing in all 520 acres more or
less. These lands were conveyed, as expressed in the deed, "for the following uses
and purposes, or trusts, and for no other purposes:
"First, in trust, to hold the same for the sole use and benefit of the said Harmonial
Vegetarian Society, composed of the following named persons, to-wit: A. D. Tenney,
Rachel S. Tenney, William Tenney, J. D. Potter, Irena Potter, John Murphy, Milton
Vale, Mercy G. Vale, John M. Adams, Henry E. Dewey, Sarah J. Dewey, Benjamin F.
Stites, Charles G. Foster, Ada M. Foster, Deborah Brackett, Phebe A. Rodgers and
Angeline A. Dunn.
"Second, in trust for the use and occupancy of the said society, for agricultural,
mechanical, mercantile and manufacturing purposes.
"Third, in trust, to convey said lands and premises in fee simple absolute, to such
person or persons, and upon such terms, as the members of said society, or a majority
of them, shall direct."
According to the rules of this society, "they had all things in common," and all
married persons joining it had to renounce their marriage contracts, and contribute
to the society all their property, so that there was no individual ownership thereof-
all property being owned in common. While marriage was not recognized in the society,
the members were allowed to choose or select their "mates," by lot, and it was
intended that the children born of members were to be considered the offspring of the
society rather than that of the parents. No meats or greasy substances therefrom were
allowed to be used for food-the diet was strictly vegetable, as it was believed that
a purely vegetable diet would prolong life.
page 64
Immediately after purchasing the lands the society took possession, and as soon as
possible erected a large three-story building, containing from eighty to ninety
rooms, for a home and hospital, a large bath house, machine shop, a spring house over
the spring, a saw and grist-mill, blacksmith shop, and a building for a general
store, also a printing office, and opened up and cultivated the large farm, and made
everything prosperous. For [p.64] about one year they published a paper called the
Theacrat, in which they advocated the theory of living in societies, with all things
in common, and upon a purely vegetable diet.
They lived exclusively to themselves in a social way. and had but little to do with
the outside world except in a commercial capacity. They had their own physicians and
teachers. and while marriage was not recognized, strict order and strict rules were
enforced for their government. The society was in operation about four years, during
which time they were not known to have a death. In case of sickness they would admit
"outsiders" into the hospital, where they would treat them for a consideration. Water
was pumped from the spring by means of a hydraulic ram, to every room in the home and
hospital During the civil war the buildings of this society were used part of the
time by the armies, and about the close of the war they were all burned. Soon
thereafter the property was sold and the proceeds divided among the members, all of
whom left the county except Henry E. Dewey, who remained and ran a grist mill for a
few years on Honey Creek. The male members of the society dressed in the Quaker
style, and the females wore "bloomers." They were all active and industrious and had
no drones.
page 65
The first general election in Benton County was held in August, 1838, being for the
election of governor, members of the Legislature and county officers. The whole
number of votes cast in the county on that occasion was 272. Politically the county
has always been strongly Democratic. and that party has always elected its officers
with the exception of the period following the war, when Democrats who had
participated in the Rebellion were disfranchised. During that period Republican
officers were elected, and since that time up to the present year the Republicans of
Benton County have not had a ticket in the field. The Democrats being so largely in
the ascendancy, there is not now, and never has been, much political excitement in
the county. On the 21st day of July, 1888, the Republicans met in convention in
Bentonville and nominated a full county ticket. They had a fine procession, which
marched entirely around the [p.65] public square, led by a martial band. At the head
of the procession Mr. C. G. Metheny, of Sulphur Springs, carried the "stars and
stripes," and it was claimed that this was the first time for thirty years that the
old flag had been carried around the public square of Bentonville by a political
procession. Following this, on the Saturday prior to the late election, the Democrats
met in convention in Bentonville and nominated a full county ticket, all of which was
elected at the election following. On the day of their convention the Democrats
raised a handsome pole and hoisted thereon the "stars and stripes," all now
recognizing it as "the flag of our country."
At the late election the question of granting licenses for the sale of intoxicating
liquors, and also for the call of a convention to amend the State constitution, was
submitted to the voters. The following are the returns of the election held in Benton
County in September, 1888:
Total vote cast, 4,561.
Governor-J. P. Eagle, 3,049; C. M. Norwood, 1,384.
Secretary of State-B. B. Chism, 3,094; G. R. Terry, 1,369.
Treasurer-W. E. Woodruff, 3,101.
Auditor-W. S. Dunlop, 3,094; A. W. Bird, 1,338.
Attorney General-W. E. Atkinson, 3,101; W. J. Duval, 1.338.
State Land Commissioner-Paul M. Cobb, 3,098; R. H. Morehead, 1,335.
Superintendent Public Instruction-Wood E. Thompson, 3.085; B. P. Baker, 1,334.
Chief Justice-S. R. Cockrill, 3,095; O. D. Scott, 1,339.
Prosecuting Attorney-J. W. Walker, 1,194; M. R. Baker, 1.670; S. M. Johnson, 1,227.
Representatives-D. M. Setser, 3,177; P. A. Rodgers, 3,050; A. Hollingsworth, 1,146;
Eli Bacon, 1,242; W. N. Hemingway, 119.
For County Judge-S. A. Cordell. 3,037; I. B. Lawton, 1,291.
Circuit Clerk-C. C. Huffman, 3,114; E. L. Allen, 1.236; C. R. Craig, 83.
County Clerk-E. L. Taylor, 3,155; James C. Tune, 1,279.
Coroner-R. N. Corley, 3.083; J. C. Pennington, 1,246.
page 66
[p.66] Sheriff-E. P. Galbreaith, 2,445; W. C. Lefors, 1,721.
Treasurer-H. C. Smith, 3,243; James Elam, 1,159.
Assessor-W. H. Haines, 3,229; P. W. Roberts, 1,247.
Surveyor-J. A. Murray, 3,145; M. B. Maxwell, 566.
For license, 2,311; against license, 1,760.
For convention, 600; against, 3,035.
COUNTY AND DISTRICT OFFICERS.
The following are lists of public officers serving in, or representing Benton County,
from the date of its organization to the present time, together with dates of
service:
Circuit Court Judges.-Joseph M. Hoge, 1837-39; Lewis B. Tully, 1839-40; Joseph M.
Hoge, 1840-44; Sebron G. Sneed, 1844-48; William W. Floyd, 1848-50; Alfred B.
Greenwood, 1850-53; Felix I. Batson, 1853-58; John M. Wilson, 1858-61; Joseph J.
Green, 1861 (vacant during war period); Elias Harrell, 1865-67; William Story, 1867-
68; E. D. Ham, 1868-73; J. H. Huckleberry, 1873-75; J. M. Pittman, 1875-79; James H.
Berry, 1879-83; J. M. Pittman, present judge, elected in 1882 and re-elected in 1886.
Circuit Court Clerks.-John B. Dickson, 1836-42; John Smith, 1842-48; Joseph D.
Dickson, 1848-52; A. G. Williams, 1852-56; John Galbreath, 1856-58; R. S. Williams,
1858-60; J. R. Woods, 1860-64; Charles W. Rice, 1864-66; J. W. Sikes, 1866-68; J. R.
Rutherford, 1868-72; Hugh A. Dinsmore, 1872-74; John Black, 1874-80; B. F. Dunn,
1880-86; C. C. Huffman, present incumbent, elected in 1886.
Sheriffs.-Gideon G. Pace, 1836-42; John H. Hammock, 1842-46; John Galbreath, 1846-56;
H. Hammock, 1856-58; J. R. Wood, 1858-60; Joseph Henry, 1860-62; R. E. Doak, 1862;
Alfred Dean, coroner, acting sheriff, 1865-66; J. W. Norwood, 1866-67; John W.
Simmons, 1867-68; W. C. Lefors, 1868-72; William Isbell, 1872-74; John W. Simmons,
1874-78; J. H. McClinton, 1878-82; R. A. Hickman, 1882-84; F. P. Galbreath, 1884-86;
W. H. Cloe, present incumbent, 1886-88.
page 67
County Court Judges.-George P. Wallace, 1836-38; Matthew English, 1838-40; T.M.
Duckworth, 1840-42; David Mitchell, 1842-44; J. A. P. Carr, 1844-46; T. M. Duckworth,
1846 [p.67] to September; James Jackson, from September, 1846, to 1848; J. M. Rogers,
1848-50; W. J. Howard, 1850-52; J. W. Cowan, 1852-54; William McDaniel, 1854-56;
Enoch Trott, 1856-58; John Kincheloe, 1858, resigned, and J. W. Cowan filled the
vacancy to 1860; H. Marley, 1860-64; D. Woods, 1864-68; J. McPherson, 1868-72; D.
Woods, 1872-74; Harvey Marley, 1874-76; S. N. Elliott, 1876-82; T. D. Bates, 1882-86;
S. A. Cordell, 1886-88.
County Court Clerks.-Prior to the year 1872 there was but one clerk for both the
offices of circuit and county courts. During the years 1872-74 the law required a
clerk for each office. In 1872 John Black was elected clerk of the county court, and
Hugh A. Dinsmore was appointed by the governor as clerk of the circuit court. From
1874 to 1880 the law only required one clerk for the two offices. In 1880 the offices
were permanently separated, and since that time the office of the county court clerk
has been continuously in the hands of John Black, the present incumbent.
Treasurers.-Henry C. Hastings, 1836-46; S. Langston, 1846-48; William McDaniel, 1848-
54; H. C. Hastings, 1854-58; E. W. Smith, 1858-60; S. Langston, 1860-62; E. W. Smith,
1862-64; S. Langston, 1864-68; Joseph Thomas, 1868-72; John Galbreath, 1872-74; Haley
Jackson, 1874-76; B. F. Dunn, 1876-80; Thomas Wood, 1880-82; T. H. Wood, 1882-86; H.
C. Smith, 1886-88.
Coroners.-Henry Ford, 1836-38; James Beaman, 1838-40; James Jackson, 1840-48; W. B.
Covey, 1848-50; H. O. Gilbert, 1850-54; John Wilcox, 1854-56; Hardy Wilson, 1856-58;
William Morgan, 1858-60; Alfred Dean, 1860-62; John Galbreath, 1862-64; Alfred Dean,
1864-66; I. S. Reynolds, 1866-68; J. C. January, 1868-72; J. E. Plummer, 1872-74; J.
H. Hogan, 1874-76; J. W. Bland, 1876-78; P. H. Throne, 1878-80; R. W. Hansard, 1880-
82; R. N. Corley, 1882-88.
page 68
Surveyors.-A. McKissick, 1836-38; W. H. McLean, 1838-40; James White, 1840-42; W. H.
Woods, 1842-44; Dr. Hayden, 1844-46; D. Chandler, 1846-50; J. McBrown, 1850-52; * * *
M. B. Maxwell, 1854-56; J. Candill, 1856-58; M. B. Maxwell, 1858-64; * * * M. B.
Maxwell, 1866-72; S. Peak, [p.68] 1872-74; M. B. Maxwell, 1874-82; D. W. German,
1882-84; M. B. Maxwell, 1884-86; S. B. Robertson, present incumbent, 1886-88.
Assessors.-J. N. Curtiss, 1868-72; W. L. Cowan, 1872-78; H. Higfill, 1878-80; A. G.
Gamble, 1880-84; W. H. Haynes, 1884-88.
Representatives in Congress.-Following is a list of Representatives in Congress from
the district of which Benton County has composed a part: Archibald Yell, 1836-39;
Edward Cross, 1839-45; Archibald Yell, 1845-47; Robert W. Johnson, 1847-53; A. B.
Greenwood, 1853-59 (three terms); Thomas C. Hindman, 1859-63 (the civil war prevented
him from taking his seat in 1861); W. W. Wilshire (ousted by T. M. Gunter,
contestant), 1873-75; T. M. Gunter, 1875-83 (four terms); Samuel W. Peel, the present
Representative, was elected in 1882, and re-elected in 1884 and again in 1886, and
has served continuously since entering Congress in 1883. Prior to 1847 the whole
State had but one member of Congress. The State having been divided into two
districts, there were two Congressmen elected in 1847. Subsequently other districts
were formed, until the State became divided, as at present, into five Congressional
Districts, this being the fifth, composed of the counties of Benton, Washington,
Madison, Carroll, Boone, Newton, Searcy, Marion, Baxter, Fulton and Izard.
Footnote
Mitchell was elected for the term ending March 4, 1867, but did not occupy his seat
after the secession of the State.
Footnote
Sebastian was expelled from the United States Senate on suspicion of sympathy with
the rebellion of 1861. In 1878 the resolution of expulsion was reversed by the
Senate. Sebastian was elected for the term ending March 4, 1865, but did not occupy
his seat after the winter session of 1860-61.
Footnote
Both seats were unoccupied or vacant for the remainder of the term of Sebastian and
Mitchell after March 4, 1861.
Footnote
Appointed Attorney General of the United States.
Footnote
Elected to fill Garland's unexpired term. During the first session of the (Murphy)
Legislature of 1864 Elisha Baxter, on May 2, 1864, W. M. Fishback, on May 5, and W.
D. Snow, on December 30, were respectively elected to the Senate for the terms ending
March 4, 1865 and 1867. None of them were admitted. Charles B. Mitchell and Robert W.
Johnson, in 1862, were elected Coufederate State Senators. and served as such.
Mitchell died September 18, 1864, and A. H. Garland was elected to his vacancy.
Johnson and Garland served until the fall of the Confederacy. John T. Jones and
Andrew Hunter were elected senators by the Legislature of 1866; Hunter resigned.
Neither were admitted by the Senate.
United States Senators from Arkansas.-A. H. Sevier (resigned), 1836 to 1849; Solon
Borland (resigned), 1848 to 1855; R. W. Johnson, 1855 to 1861; Chas. B. Mitchell,*
1861; B. F. Rice, 1868 to 1873; S. W. Dorsey, 1873 to 1879; J. D. Walker, 1879 to
1885; J. K. Jones, 1885 to 1891; W. S. Fulton (died), 1836 to 1841; Chester Ashley
(died), 1844 to 1848; W. K. Sebastian,† 1848 to 1865; ‡1865 to 1868; Alex McDonald,
1868 to 1871; Powell Clayton, 1871 to 1877; A. H. Garland, 1877 to 1889;§ J. H.
Berry, 1885 to 1889.****
page 69
[p.69] Senators of the Arkansas Legislature.-Following is a list of State Senators of
the senatorial districts of which Benton County formed a part, from its organization
to the present time, to-wit: Benton, Madison and Washington Counties, O. Evans and A.
Whinnery, 1836-40; Benton and Madison, A. Whinnery, 1840; Benton and Madison, J. G.
Walker, 1842-45; Benton and Madison, J. B. Dickson, 1846-49; Benton and Madison, J.
Berry, 1850-55; Benton and Madison, I. Murphy, 1856-57; Benton and Madison, M.
Douglas, 1859-62; Benton County, J. Dungan, 1862; Benton and Madison, E. D. Ham,
1864-65; Benton County, J. Dungan, 1864; Benton and Madison, J. Dungan, 1866-67;
Seventh District, Benton and Washington, T. J. Hunt, 1868-69; A. Caraloff, 1871-73;
J. Dunagin, 1874; Twenty-fourth District, Benton and Madison, C. J. Reagan, 1874-77;
E. P. Watson, 1879-81; J. T. Walker, 1883-85.
page 70
Representatives in the Arkansas Legislature.-The following is a list of
representatives sent from Benton County to the State Legislature, beginning with
1840: Robert Hubbard, 1840; Alfred B. Greenwood, 1842-43; A. B. Greenwood and R.
Hubbard, 1844-45; J. H. Hammock and William Thompson, 1846; J. H. Hammock and W. H.
Howell, 1848-49; D. Chandler and J. Jackson, 1850-51; J. H. Hammock and W. J. Howard,
1852-53; M. Douglas and A. Whinnery, 1854-55; M. Douglass and T. Quarles, 1856-57; R.
E. Doak and T. Quarles, 1858-59; J. Dunagin and J. P. Putnam, 1860-62; J. H. Hammock
and W. B. Fain, 1862; R. H. Wimpey and J. Shortis, 1864-65; W. B. Fain, 1864; William
E. Gould and W. W. Reynolds, 1866-67; Seventh District, Benton and Washington
Counties, S. Bard, J. Yoes, E. D. Fenno, and J. F. Owen, 1868-69; J. F. Owen, Martin
F. Tygart, Thomas Wilson and James M. Pittman, 1871; David Chandler, James H. Berry,
D. Bridenthal and T. W. Thomason, 1873; * * * Benton County, James Putnam and J. H.
Rice, 1874-75; J. Dunagin and E. P. Watson, 1877; D. H. Williams and W. M. Keith,
1879; E. S. McDaniel and J. Dunagin, 1881; H. H. Patterson, [p.70] Jr., and S. S.
Graham. 1883; James A. Rice and Z. Baker. 1885.
Delegates to Constitutional Conrentions.-The first constitutional convention of
Arkansas was held January 4 to January 13. 1836. This was prior to the organization
of Benton County. The next constitutional convention was held March 4 to 21, and May
6 to June 3, 1861, and the delegates in this convention from Benton County were A. W.
Dinsmore and H. Jackson.
Another constitutional convention was held from January 4 to January 23, 1864, in
which there were no delegates from Benton County. In the convention held January 7 to
February 18. 1868, Benton County was represented by W. W. Reynolds. In the last
constitutional convention, held July 14 to October 31. 1874, Benton County was
represented by H. H. Patterson and A. M. Rodgers.
Notaries Public in Benton County-as per report of Secretary of State published in
1886, with dates of expiration of terms: Hugh Elliott, October 7, 1886; James S.
Harris, January 18, 1887; G. P. Rogers, February 6, 1887; L. H. McGill. April 28,
1887; E. S. McDaniel, May 9, 1887; O. V. Wager, February 11, 1888; John F. Mitchell,
April 28, 1888; W. D. Wasson, April 30, 1888; Charles R. Bruce, May 17, 1888; Sydney
H. Denham, August 1, 1888; J. D. Walter, September 3, 1888; David Chandler, November
1, 1888; B. C. Martin, January 2, 1889; S. A. Cordell, February 28, 1889; W. J.
Blackburn, March 7, 1889; Samuel Box, March 20, 1889; Thomas Keith, July 21, 1889;
James M. Tucker, January 2, 1890; D. Shafer, January 23, 1890; S. D. Bullock,
February 13, 1890; Charles R. Craig, February, 13, 1890; M. E. Smith, April 9, 1890;
Dr. R. Hammer, April 16, 1890; B. S. Beach. June 18, 1890; A. J. Wilkes, July 7,
1890; W. T. Hudson, February 27, 1887; H. C. King, October 6, 1888; William Keever,
November 22, 1888; J. K. Gibson, January 26, 1889; F. M. Garvin, January 31, 1889; R.
E. Underwood, February 26, 1889; R. S. Armitage, November 20, 1889; James F. Gillick,
February 22, 1890.
THE COURTS.
page 71
County Court.-The origin of the county court of Benton County, and the time and place
of holding its first term, has been given under the head of "Organization." For many
years-up [p.71] to 1873-the court was composed of a county judge and two associate
justices. The judge was elected by the people, and the associate justices by the
several justices of the peace, who met at the county seat in January each year for
that purpose. In 1873, under a change in the law, the court was made to consist of a
board of supervisors consisting of three persons, Dysert Woods. John W. Phagaen and
B. F. Davis, who were appointed by the governor. The first term of the court thus
organized was held in May, 1873, when the supervisors met and selected Dysert Woods
as president of the board. The court continued thus organized until January, 1875,
when, according to another law, it was composed of a single judge elected by the
people, and so it has ever since remained.
The county court has always had, and still retains, jurisdiction over the levying and
collection of revenues; the erection of public buildings; making of contracts for
public improvements; laying out of highways; auditing all accounts against the
county, and of all county business proper. It also had jurisdiction of all probate
business from its original organization until 1873, at which time the probate
business was, by law, transferred to the circuit court. The circuit court had
jurisdiction of this branch of business one year, until 1874, and then the separate
probate court was established, with full original jurisdiction over all probate
business. The county court judge is also judge of the probate court. The county court
meets in regular session four times a year, commencing the sessions on the first
Mondays of January, April, July and October, and the probate court meets the same
number of times, commencing the sessions on the third Mondays of the same months.
First Probate Business.-The first letters of administration granted in Benton County
were granted April 17, 1837, to Mrs. Mary Blair, to administer on the estate of John
C. Blair, deceased. Also to Elizabeth Johnston, to administer on the estate of
Spencer B. Johnston, deceased. In September following letters of administration were
issued to James McKissick, to administer on the estate of Madeline Catharine White,
deceased.
The following is a copy of the first "will" on record in Benton County:
page 72
[p.72] I, Samuel Tenan, of the County of Benton and State of Arkansas, being weak in
body, but of strong mind and memory, thanks be to God for the same, do make and
ordain this my last will and testament in the manner and form as follows:
First: I give my soul to God, who gave it to me, and my body to earth, to be decently
buried by my executor hereafter named.
Second: I request that my negro boy, Jack, be sold, and that some of my connection
buy him, and that the money be divided equally between my brother, L. Tenan, and my
two sisters, Mary Allen and Zebe Yunt.
Third: I require my executors to take all my personal property, with notes and
accounts, and pay all my just debts; and after all are paid, together with my funeral
expenses, then the balance to be divided equally between my brother and sisters as
before named. I do hereby appoint Abner Allen my executor, and also request that my
executor take my negro boy, Jack, and attend to selling him.
Given under my hand and seal this twentieth day of August, 1837.
Test: W. B. WOODY, ttt
WILLIAM REED.
SAMUEL His X mark. TENAN.
Footnote
This name appears Abner Allen in the will, as recorded, and Abraham Allen in record
of the probate.
This will was probated January 15, 1838, and letters testamentary to Abraham Allen*
as sole executor of the will were granted.
First Deed Recorded.-Though not belonging to probate business, the following, which
is a copy of the first deed recorded in Benton County, will be read with interest,
inasmuch as the property conveyed consisted of slaves, conveyed in manner and form
the same as real estate, viz.:
Know all men by these presents, that for and in consideration of the sum of $400 to
me in hand paid by James M. Dickson, the receipt of which is hereby acknowledged, I,
Ezekiel Dickson, of the County of Benton, in the State of Arkansas, do hereby bargain
and sell unto the said James M. Dickson, a negro woman named Till, about forty-five
years of age, also a negro boy child named Jack, about five or six years of age,
which said negroes I hereby sell and convey as slaves for life. And I do hereby
warrant and defend the title of said negroes to the said James M. Dickson, his heirs
and assigns forever.
In witness whereof I have hereunto set my hand and affixed my seal this 7th day of
February, 1837.
EZEKIEL DICKSON.
Witness, JAMES MCKISSICK.
The next instrument found on record was dated January 26, 1837, and was for the
conveyance by Phineas Holmes and Rachel, his wife, of Lucinda, Guilford, Andy and
Clarisa, four slaves, to James H. Wallace, for the consideration of $3,000.
page 73
The first instrument on record for the transfer of real estate in Benton County is
that of Samuel Whitehead and wife to [p.73] Singleton Lankston, for the east half of
the northeast quarter of Section 31, Township 20 north, Range 30 west, being now a
portion of the site of Bentonville. It was dated February 27, 1838.
Circuit Court.-When the State of Arkansas was organized it was divided into but few
circuits, each containing many counties, or at least much more territory than at
present. As the population and business increased, the State was redistricted, or
certain circuits were changed from time to time. Additional circuits were formed and
the size of the old ones reduced. Prior to the last change, the fourth judicial
circuit, of which Benton County composes a part, embraced Marion, Boone, Searcy,
Newton, Madison, Carroll, Benton and Washington. In 1887 the General Assembly reduced
it in size, and made it to contain, as it is now organized, only the counties of
Benton, Carroll, Madison and Washington. Only two sessions of this court are held
during the year, and the sessions in Benton County commence on the first Mondays of
January and July. For a list of the names of the judges who have presided over the
Benton Circuit Court, see "County and District Officers."
Following is a copy of the caption of the record of the proceedings of the first
session of the circuit court held in Benton County:
"At a circuit court begun and held at the house of George P. Wallace (the temporary
seat of justice of Benton County), for the county of Benton, State of Arkansas, on
the second Monday after the fourth Monday in October, A. D. 1837. Present, the Hon.
Joseph M. Hoge, judge of said court."
page 74
First Grand Jury.-The court being convened, the sheriff returned the following "panel
of good and lawful men" to serve as the first grand jury, to-wit: Joseph McKissick,
foreman; Philip Dumas, William Reddock, William Ford, Christopher S. Pace, George
Graham, Joseph Dickson, Robert Cooper, John B. Robinson, Jonathan Duff, Samuel P.
Woods, Dioclesian Jackson, Ezekiel M. Dickson, Ambrose G. Williams and Henry Ford,
who, being duly sworn and charged, retired to consult of their duties. Being selected
as grand jurors, it follows that these were representative pioneers of Benton County.
All are now dead excepting [p.74] Christopher S. Pace and Ambrose G. Williams, who
are still living in the county.
First Petit Jury.-The first petit jury was selected on the same day to try a civil
case between Samuel Vaughan and John Rose. Their names were James Anderson, Robert
Hubbard, John Maxwell, George W. Ford, Samuel B. McLean, Ezekiel J. A. Dickson, Henry
Hastings, John Hammock, Nathan Coughman, Samuel Black, David Woods and Samuel Woods.
The only survivor of these twelve old pioneers of Benton County is Ezekiel J. A.
Dickson, who now lives at Osage Springs, a few miles southeast of Bentonville.
Important Trials.-The first case before the Circuit Court was that of the State
against Samuel Vaughan, George W. Vaughan, Abram Hamilton, Price McMurty, John Meeks
and Reese Butler for committing a "riot." The indictment not having been preserved,
the full particulars of the matter cannot be given. Some of the defendants did not
live in Benton County, neither was the riot committed in this county. On being
arraigned for trial the defendants moved to quash the indictment, and after hearing
the arguments of counsel on the motion, the court ruled that the indictment was not
sufficient in law to maintain the action, and thereupon discharged the prisoners.
They were immediately re-arrested and held under bonds for their appearance at the
next term of court. Hon. L. D. Evans was then the prosecuting attorney. The next day
a new indictment was returned by the grand jury against these defendants for the same
offense. At the next term of the court, which was held at the new court-house in
Bentonville, beginning May 7, 1838, the defendants were tried, and four of them,
Samuel Vaughan, George W. Vaughan, William Vaughan and John Meeks, were found guilty
as charged, and Samuel Vaughan was fined $85, George W. Vaughan $75, and the other
two $50 each. The defendants' attorneys then made a motion for arrest of judgment and
reduction of fines, whereupon the judge reduced the fine of Samuel Vaughan to $25,
and that of the others to $20 each. At this trial John Rose was fined $1 for contempt
of court, it being for using profanity when deposing as a witness.
page 75
The first civil suit in the Benton Circuit Court was that of [p.75] Parnell, Lamont &
Co. vs. J. and J. M. Holmes on attachment. On being called the plaintiffs' attorney
dismissed the case, and the costs were assessed to plaintiffs. The next civil case
was that of Robert Weaver against Socrates Stone on an appeal from a justice of the
peace. The parties appeared and submitted their case to the judge, who gave judgment
in favor of the plaintiff for $15. This was the first actual trial in the Benton
Circuit Court, though not the first on the docket. The first jury trial was that of
Samuel Vaughan vs. John Rose, which was tried by the first petit jury heretofore
named on the first day of the court at its first term. The jury disagreed and the
case was continued. At the same term an indictment was found against Edward
Cunningham for assault and battery, and another was found against John Rose for
forgery. This ended the business of the first term of the court.
State of Arkansas vs. Mary Ridinghour and William Spencer: At the third term of the
court, commencing November 3, 1838, these defendants were indicted for adultery, it
being the first prosecution in the county for that misdemeanor. Mary was arrested,
but Spencer escaped. On being arraigned she plead "not guilty." The trial was by
jury, and the verdict was "guilty as charged in the indictment," and her fine was
fixed at $40. Judgment was rendered accordingly, and she was to stand committed until
the fine and costs were paid. Thereupon she appeared in court and made oath that she
had no effects out of which to pay the fine and costs assessed against her, whereupon
she was discharged from custody, and thus freed from further punishment. It seems
that her accomplice, Spencer, remained away, and was never apprehended.
page 76
First Trial for Murder.-State of Arkansas vs. Edward Welch: The first trial in Benton
County for murder took place at the May term of the court in 1841. The prisoner,
Edward Welch, was arraigned on an indictment for murder, and plead not guilty. He was
then tried by the following jury, to wit: Thomas Carle, William Hammock, Warren
Wright, Daniel Mayes, John B. Walker, David McKissick, Joseph McKissick, James M.
Pope, Alfred M. Wallace, Nicholas Skillern, Hampton Clark and Benjamin Hubbard. The
verdict of the jury was, "We, the jury, [p.76] do find the within named Edward Welch
not guilty of murder, but guilty of manslaughter, in manner and form as charged in
the within bill of indictment, and do say that he be punished by imprisonment for the
term of seven years, and that he be fined the sum of $10,000," Thomas Carle, foreman.
The court then passed the following sentence, to wit: "It is therefore considered,
adjudged and sentenced by the court here, that the said Edward Welch do pay unto the
State of Arkansas the sum of $10,000 as assessed, and that he be imprisoned in the
common jail of the county of Benton and State of Arkansas for the term of seven years
next ensuing, and that this day be computed as one day thereof, and that he stand
committed until the fine aforesaid and costs of this prosecution be fully satisfied
and discharged." This trial was on a change of venue from some other county,
consequently the crime was not committed in this county.
State of Arkansas vs. Harrison Oliver: The first prosecution in Benton County for
retailing liquors without license was that of Harrison Oliver, who was tried for that
offense in November, 1841. The trial was by jury, the verdict was "guilty as
charged," and he was fined $1, and sentenced accordingly.
State vs. John B. Dickson: At the same term of court John B. Dickson was indicted for
shooting at some one with whom he had some difficulty. He was tried before a jury,
which found him guilty, and assessed his fine at $50 and his imprisonment at one
minute. He was sentenced accordingly. Mr. Dickson was then clerk of the court.
State vs. Edward Brown et al.: Also at the same term of court Edward Brown, John
Moore and Joseph Kear were indicted for murder. On being arraigned for trial the
defendants plead "not guilty." They were tried and acquitted.
page 77
State vs. Wat Foreman: At the November term, 1842, Wat Foreman, a Cherokee Indian,
was indicted for the murder of another Indian. On being arraigned he plead not
guilty, and the case was continued to next term, when he was tried and found guilty
of murder in the first degree. The following is a copy of the sentence of the Court.
"It is therefore considered adjudged and sentenced by the Court here that the said
Wat Foreman, the defendant, on Friday, the 16th day of June, 1843, between the [p.77]
hours of 11 o'clock in the forenoon and 2 o'clock in the afternoon, be hung by the
neck on the public gallows, in the county of Benton, in the State of Arkansas, until
he is dead. And it is further ordered by the Court that the clerk make out a warrant
directed to the sheriff of Benton County requiring him to execute the foregoing
sentence." For some reason the sentence was not executed at the time specified, and
in May, 1844, the prisoner was taken before the judge of the circuit court on a writ
of habeas corpus. The Court finding that the prisoner could give no sufficient reason
why the foregoing sentence should not be executed, ordered that the sentence should
be executed between the hours of 10 A. M. and 3 P. M. on the 14th day of June
following. Defendant then appeared by his attorney and filed his reasons why the
sentence of death should not be carried into execution. The Court did not consider
the reasons sufficient in law, and overruled them. Defendant excepted and filed his
bill of exceptions, which was signed, sealed and made part of the record. On appeal
to the supreme court the judgment of the lower court was confirmed, and the defendant
was executed according to the foregoing sentence.
State vs. Robert Armstrong. In May, 1845, the defendant, Robert Armstrong, was
indicted and tried for the crime of murder, and acquitted. The offense was committed
in another county.
State vs. Charles G. Duncan. In May, 1847, Charles G. Duncan was indicted for the
crime of murder, and on being arraigned for trial plead not guilty. He was tried and
acquitted.
State vs. Henry Miser. Some time prior to April, 1851, Henry Miser and Joseph
Hardwick had a fight in a church near Miser's Springs. Hardwick was stabbed, the
wound causing his death. In April, 1851, Miser, the defendant, was indicted for the
murder of Hardwick, and in October following he was tried and acquitted. The State
failed to prove to the satisfaction of the jury that the defendant did the stabbing.
page 78
State vs. Doghead Glory. In April, 1852, Doghead Glory, a Cherokee Indian, was
indicted for the murder of another Indian named David Scoutie. In October following
he was tried for the offense, and the following is the verdict of the jury: "We, the
[p.78] jury, find the within named defendant, Doghead Glory, guilty of the murder of
the within named David Scoutie in the first degree, in manner and form as charged in
the within indictment in this behalf.
(Signed)
WILLIAM WHITE, Foreman."
A bill of exceptions was filed and made part of the record. A motion for a new trial
was overruled, and a second bill of exceptions was filed and made part of the record.
The prisoner was than sentenced as follows: "It is considered, sentenced and adjudged
by the Court, that you, Doghead Glory, be remanded to the common jail of Benton
County, from whence you came, there to remain until the nineteenth day of November,
1852; from thence you will be taken on said day by the sheriff of said county to the
place of execution, and between the hours of ten o'clock in the forenoon and three
o'clock in the afternoon of said day, there be hanged by the neck until you be dead!
dead!! dead!!! And may the Lord have mercy on your soul." An order followed to the
sheriff to execute the sentence. The defendant then prayed an appeal to the supreme
court, which was granted, and the Court then ordered the appeal to operate as a stay
to all proceedings in the cause, until the 4th day of February, 1853, when, between
the hours of 10 o'clock in the forenoon and 3 o'clock in the afternoon of said day,
aforesaid sentence should be executed. The supreme court confirmed the judgment of
the lower court, and the unfortunate wretch was hanged accordingly.
State vs. Cow-sa-low-a. In April, 1852, Cow-sa-low-a, an Indian, was indicted for the
murder of another Indian. In April, 1853, he was tried and found "not guilty as
charged in the indictment."
On account of the loss of all the trial papers of the circuit court, before the Civil
War, it has not been possible to give the names of the killed or murdered, for whom
the aforesaid defendants were prosecuted.
page 79
State vs. Franklin Saunders and William King. At the March term, 1871, of the circuit
court, Franklin Saunders and William King were indicted for the murder of James M.
Lefors. The indictment charged that on the 25th day of January, 1871, at Mitchell's
Mill, in Benton County, Franklin Saunders, with a club, struck and killed Lefors, and
that William King was present, [p.79] aiding and abetting. Both were charged as
principals. King was arrested and arraigned for trial in September, following. The
case was continued until March, 1872, when he was tried and acquitted. Saunders ran
off and has never been apprehended.
State vs. Girsham P. Hoytt and Cornelius Hammon. In October, 1875, these defendants
were indicted for the murder of Columbus Hancock, which took place in White's Hollow,
near White River, in Benton County, on the 4th day of August, 1875. The murder was
committed in Section 16, Township 19, Range 28. On being arraigned, the prisoners
plead "not guilty." Hoytt asked for a separate trial, which was granted, and upon
application he was granted a change of venue to Washington County, where he was
afterward tried and found not guilty. Hammon was put upon trial, and from the
evidence it appeared that on the occasion of the murder he and Hancock, in company
with a lewd woman, went to White's Hollow, where the dead body of Hancock was found.
The verdict of the jury was as follows: "We, the jury, find the defendant, Cornelius
Hammon, guilty of murder in the first degree, as charged in the second count of the
indictment. Signed-John W. Floyd, foreman." A motion for a new trial was made by the
defendant, and overruled by court. On application an appeal to the supreme court was
granted. The next day the prisoner appeared before the court and was addressed as
follows:
Cornelius Hammon, you have been indicted by the grand jury of Benton County, State of
Arkansas, at the present term of this court, for the murder in the first degree in
killing Columbus Hancock. On this indictment you were arraigned, and interposed
thereto your plea of not guilty. Upon that issue you were tried by a jury of said
county, selected and chosen by yourself, and they have found you guilty of murder in
the first degree. You have had at each step of the progress of the trial the advice
and assistance of able counsel, appointed by the Court to defend you. They have been
zealous and untiring in their efforts in your behalf; nothing within their power has
been leftundone by them that would in the slightest degree tend to show your
innocence or extenuate your offence. Now have you any legal cause to show why the
judgment of the court should not be pronounced upon you?" To this the defendant
answered: "No other except what has already been interposed." The Court then
proceeded:
page 80
The judgment which the law provides for murder in the first degree is death by
hanging, and it now becomes the painful duty of the Court to pro nounce that sentence
upon you. For the short time which the law in its mercy extends you for a preparation
of soul to meet the Almighty Judge of mankind, [p.80] I earnestly exhort you that you
betake yourself to that earnest work. I can hold out for you no hope on earth, and
your only hope is in the mercy of the Giver of all life. The judgment and sentence of
this court is that you be taken hence to the jail of this county, thence on the 14th
day of January, 1876, to be taken by the sheriff of Benton County, Ark., to some
point to be selected by him, within two miles of the court-house of said county, and
to a gallows to be by him erected, and there, between the hours of ten o'clock in the
morning and two o'clock in the evening of said day, to be by him hanged by the neck
until you are dead! And may God have mercy upon your soul!
He was executed accordingly. Hoytt was tried at Fayetteville and acquitted.
State vs. Jesse Thompson. In April, 1884, Jesse Thompson was indicted for the murder
of his wife, Annie Thompson, which was alleged to have been committed on the first
day of that month. The case was continued until the fall term, when, upon
application, the defendant was granted a change of venue to Washington County, where
he was afterward tried and acquitted.
State vs. S. J. Yantis and her children. In October, 1884, a party consisting of F.
M. Yantis and his alleged wife, S. J. Yantis, and their children, William, Oliver and
Ida, were moving through the county toward the Indian Territory, and camped over
night near Siloam. On this occasion F. M. Yantis was killed. Afterward the woman, S.
J. Yantis, and the children were indicted for the murder. In April, 1885, the
children were tried separately from their mother and were acquitted. The mother was
tried, and from the evidence it appeared that she killed her husband in self-defense,
and thereupon was acquitted. The killing was alleged to have been done with an ax.
State vs. Jack Gates. In October, 1885, Jack Gates was indicted for the murder of
Ferdinand Cherry, which took place on the tenth day of the preceding August. In March
following he was tried and found guilty of manslaughter, and his punishment was
assessed at two years' service in the penitentiary. A motion for a new trial was
overruled, and his sentence was pronounced in accordance with the verdict of the
jury.
State vs. R. O. Chambers. On the 1st day of October, 1886, R. O. Chambers was
indicted for murder in the second degree. The indictment charged him with the killing
of a man named Ellis, a few miles west of Bentonville. He was tried April 21, 1887,
and found by the jury "not guilty."
page 81
[p.81] Benton County Bar.-The first attorney of the Benton County bar was A. B.
Greenwood, now familiarly called "Judge" Greenwood. He settled at Bentonville the
year the county was organized, and except when absent on official business has
resided here ever since. For the first four years of the existence of the county he
constituted the whole bar, being the only resident attorney. Attorneys from abroad,
however, came here to practice. At a ripe old age the Judge is vigorous and active.
He has had much to do in making the history of this county, and has imparted much
information to the compiler of this work. [See his biography.]
page 79
State vs. Franklin Saunders and William King. At the March term, 1871, of the circuit
court, Franklin Saunders and William King were indicted for the murder of James M.
Lefors. The indictment charged that on the 25th day of January, 1871, at Mitchell's
Mill, in Benton County, Franklin Saunders, with a club, struck and killed Lefors, and
that William King was present, [p.79] aiding and abetting. Both were charged as
principals. King was arrested and arraigned for trial in September, following. The
case was continued until March, 1872, when he was tried and acquitted. Saunders ran
off and has never been apprehended.
State vs. Girsham P. Hoytt and Cornelius Hammon. In October, 1875, these defendants
were indicted for the murder of Columbus Hancock, which took place in White's Hollow,
near White River, in Benton County, on the 4th day of August, 1875. The murder was
committed in Section 16, Township 19, Range 28. On being arraigned, the prisoners
plead "not guilty." Hoytt asked for a separate trial, which was granted, and upon
application he was granted a change of venue to Washington County, where he was
afterward tried and found not guilty. Hammon was put upon trial, and from the
evidence it appeared that on the occasion of the murder he and Hancock, in company
with a lewd woman, went to White's Hollow, where the dead body of Hancock was found.
The verdict of the jury was as follows: "We, the jury, find the defendant, Cornelius
Hammon, guilty of murder in the first degree, as charged in the second count of the
indictment. Signed-John W. Floyd, foreman." A motion for a new trial was made by the
defendant, and overruled by court. On application an appeal to the supreme court was
granted. The next day the prisoner appeared before the court and was addressed as
follows:
Cornelius Hammon, you have been indicted by the grand jury of Benton County, State of
Arkansas, at the present term of this court, for the murder in the first degree in
killing Columbus Hancock. On this indictment you were arraigned, and interposed
thereto your plea of not guilty. Upon that issue you were tried by a jury of said
county, selected and chosen by yourself, and they have found you guilty of murder in
the first degree. You have had at each step of the progress of the trial the advice
and assistance of able counsel, appointed by the Court to defend you. They have been
zealous and untiring in their efforts in your behalf; nothing within their power has
been leftundone by them that would in the slightest degree tend to show your
innocence or extenuate your offence. Now have you any legal cause to show why the
judgment of the court should not be pronounced upon you?" To this the defendant
answered: "No other except what has already been interposed." The Court then
proceeded:
page 80
The judgment which the law provides for murder in the first degree is death by
hanging, and it now becomes the painful duty of the Court to pro nounce that sentence
upon you. For the short time which the law in its mercy extends you for a preparation
of soul to meet the Almighty Judge of mankind, [p.80] I earnestly exhort you that you
betake yourself to that earnest work. I can hold out for you no hope on earth, and
your only hope is in the mercy of the Giver of all life. The judgment and sentence of
this court is that you be taken hence to the jail of this county, thence on the 14th
day of January, 1876, to be taken by the sheriff of Benton County, Ark., to some
point to be selected by him, within two miles of the court-house of said county, and
to a gallows to be by him erected, and there, between the hours of ten o'clock in the
morning and two o'clock in the evening of said day, to be by him hanged by the neck
until you are dead! And may God have mercy upon your soul!
He was executed accordingly. Hoytt was tried at Fayetteville and acquitted.
State vs. Jesse Thompson. In April, 1884, Jesse Thompson was indicted for the murder
of his wife, Annie Thompson, which was alleged to have been committed on the first
day of that month. The case was continued until the fall term, when, upon
application, the defendant was granted a change of venue to Washington County, where
he was afterward tried and acquitted.
State vs. S. J. Yantis and her children. In October, 1884, a party consisting of F.
M. Yantis and his alleged wife, S. J. Yantis, and their children, William, Oliver and
Ida, were moving through the county toward the Indian Territory, and camped over
night near Siloam. On this occasion F. M. Yantis was killed. Afterward the woman, S.
J. Yantis, and the children were indicted for the murder. In April, 1885, the
children were tried separately from their mother and were acquitted. The mother was
tried, and from the evidence it appeared that she killed her husband in self-defense,
and thereupon was acquitted. The killing was alleged to have been done with an ax.
State vs. Jack Gates. In October, 1885, Jack Gates was indicted for the murder of
Ferdinand Cherry, which took place on the tenth day of the preceding August. In March
following he was tried and found guilty of manslaughter, and his punishment was
assessed at two years' service in the penitentiary. A motion for a new trial was
overruled, and his sentence was pronounced in accordance with the verdict of the
jury.
State vs. R. O. Chambers. On the 1st day of October, 1886, R. O. Chambers was
indicted for murder in the second degree. The indictment charged him with the killing
of a man named Ellis, a few miles west of Bentonville. He was tried April 21, 1887,
and found by the jury "not guilty."
page 81
[p.81] Benton County Bar.-The first attorney of the Benton County bar was A. B.
Greenwood, now familiarly called "Judge" Greenwood. He settled at Bentonville the
year the county was organized, and except when absent on official business has
resided here ever since. For the first four years of the existence of the county he
constituted the whole bar, being the only resident attorney. Attorneys from abroad,
however, came here to practice. At a ripe old age the Judge is vigorous and active.
He has had much to do in making the history of this county, and has imparted much
information to the compiler of this work. [See his biography.]
Judge Joseph M. Hoge, the first judge of the Benton Circuit Court, resided in this
county from about 1840 to 1845, and then went to Texas. Until recently the bar of
Benton County was small, but now it has grown to be large. The following is a list of
the names of the members of the bar at this writing, to wit: Judge A. B. Greenwood,
E. P. Watson, James A. Rice, E. S. McDaniel, L. H. McGill, W. D. Mauck, A. Nicodemus,
J. M. Peel, S. W. Peel, D. H. Hammons, W. S. Floyd, S. E. Davis, S. N. Elliott, S. A.
Cordel, E. R. Morgan, F. H. Foster, C. M. Rice, A. T. Rose, E. D. Fenno. All of these
reside within the county.
History of Benton County
WAR RECORD.
page 82
A company of soldiers was raised in Benton County, by Capt. Henry L. Smith, for the
Mexican War. They went as far as Fort Smith, but the quota having been filled they
were not accepted. A portion of them, however, then joined the company of Capt.
Wells, a company that was accepted but not yet full. In this company they went
forward, and served in that war. On the approach of the late Civil War, when the
question of "secession" was being agitated, the people of Benton County, in general,
were opposed to that measure, and did not wish to sever their connection with the
Federal Union. They were, however, almost unanimously in favor of the Southern cause,
and when it became evident that nothing but war would suffice to settle the
difficulties between the opposing sections of the country, they cast their lot with
their friends of the South, and went into the conflict with a determination to fight
to the end of the struggle to secure what [p.82] they believed to be their rights,
and how well they did this the sequel will show.
History of Benton County
WAR RECORD.
In the spring of 1861, after the "dogs of war" had been let loose, Capt. T. T. Hays
raised an infantry company on Pea Ridge, in Benton County, and Capt. Dan. McKissick
raised a cavalry company, mostly from the southern part of the county, both of which
companies joined the State service, and remained therein until a short time after the
battle of Wilson's Creek was fought, and were then disbanded. These companies did not
happen to be engaged in any fights. Nearly all the men composing these companies
afterward joined other companies, and went into the Confederate service.
History of Benton County
WAR RECORD.
The Fifteenth Regiment Arkansas Infantry.-The first company that went into the
Confederate army from Benton County was Company A, of the Fifteenth Arkansas
Regiment. It was raised in midsummer of 1861, by Capt. J. H. Hobbs. Soon thereafter
Companies F and G of the same regiment were raised in Benton County. The former went
out under Capt. William Thompson, and the latter under Capt. J. M. Richards. The
regiment was organized in a camp near Cross Hollows, in this county, in the fall of
1861, served to the close of the war, and surrendered at Marshall, Tex., in May,
1865. Its first colonel was D. McRea, and afterward Capt. Hobbs, of Company A, became
the colonel, and he finally resigned on account of ill health. Among the important
battles in which this regiment was engaged were Pea Ridge, in Benton County, Ark.;
Iuka Springs and Corinth, in Mississippi; Fort Gibson, Baker's Creek, defense of
Vicksburg during the siege thereof, Prairie De Ann, Mark's Mill and Jenkins' Ferry.
After the surrender at Vicksburg the regiment went into a parole camp at Washington,
Ark., where it remained until after it was exchanged. Its loss during the war was
somewhat heavy.
History of Benton County
WAR RECORD.
page 83
The Thirty-fourth Regiment Arkansas Infantry.-Company F, of this regiment, was raised
in Benton County, in July, 1862, and went out under Capt. C. L. Pickins. The regiment
was organized at Mount Comfort, in Washington County. The more important battles in
which it was engaged were Prairie Grove, Helena and Jenkins' Ferry. It also
surrendered at Marshall, [p.83] Tex., in May, 1865. Company F, of Col. King's
Arkansas Regiment, was raised in Benton County, and went out under Capt. John Miser,
of Pea Ridge. This regiment was organized at Mulberry, in Franklin County, was
brigaded with the Thirty-fourth Arkansas, and participated in the same battles and
surrendered at the same time and place.
History of Benton County
WAR RECORD.
Capt. Tom Jefferson raised a company of cavalry in Benton County, for Col. Carl's
regiment of Arkansas cavalry. This regiment served through the war, mostly in
Missouri and Arkansas. Capt. Hugh Tinnin, of Maysville, and Capt. W. H. Hendren, each
raised a company in the western part of Benton County, both of which served during
the war in the Indian Territory. Capt. James Ingram raised a company of cavalry in
the eastern part of Benton County, and it served in Northwestern Arkansas until
October, 1863, when it went south, dismounted, joined and became a part of the
Thirty-fourth Arkansas Infantry. Capt. "Bill Buck" Brown raised a company of cavalry
in the southern part of Benton County, which served in Northwestern Arkansas during
the continuance of the war. The captain was killed in a skirmish in the winter of
1864-65. Capt. James Cooper also raised an independent company of cavalry, which
served in Northwestern Arkansas.
History of Benton County
WAR RECORD.
This gives eleven companies which were raised in Benton County for the Confederate
army, all of which averaged 100 men each, thus making 1,100 men that served in the
Confederate army from this county, besides several hundred who went into the service
as recruits. No Federal troops were organized in this county for actual service in
the war. A few months before the close of the war two or three companies of militia
were organized, under the provision of the Federal Government, for the purpose of
protecting the citizens from the depredations of the thieving and marauding parties
not belonging to either army, that were prowling around through the country
plundering, murdering and robbing the citizens.
History of Benton County
WAR RECORD.
page 84
Skirmish on Dunagin's Farm.-In February, 1862, when Gen. Price retreated from
Missouri to join McCulloch in Arkansas, he was pursued through Benton County by the
Federal forces under Gen. Curtis. His rear guard, under command of [p.84] Gen. James
S. Rains, was annoyed considerably by the Federal advance, and to get rid of this
Rains halted on the farm of Rev. J. Dunagin, at or near the present station of Avoca,
on the St. L. & S. F. Railroad, and planted a battery in a seemingly unprotected
position, at the same time having it well protected by troops concealed along the
side of the approach to it. Not discovering the support to this battery, the Federal
advance (cavalry) charged it, and received the cross fire of the concealed troops of
the enemy. Twenty Federal soldiers and sixty horses, and two or three Confederate
soldiers, were killed at once. This, of course, repulsed the Federal advance, and
checked their pursuit. This was the first fight and the first reception of Federal
troops in Benton County, and on this occasion the residence of Rev. J. Dunagin was
set on fire and burned by the Federals, it being the first house burned in Benton in
the war period. This house stood one-half mile east of the present village of Avoca.
It was probably the 18th day of February, 1862, when this skirmish took place. The
facts concerning it were furnished the compiler by Rev. Dunagin, who is well known to
the people of Benton County.
History of Benton County
WAR RECORD.
page 85
Battle of Pea Ridge.-This great battle, having been fought in Benton County, deserves
a prominent place in its history. On the 18th day of February, 1862, the Federal
army, commanded by Maj.-Gen. Samuel B. Curtis, crossed the State line from Missouri
and went into camp on Sugar Creek, near Brightwater, in Benton County, Ark. "The
Third and Fourth Divisions advanced from this position twelve miles farther south to
Cross Hollows, where also the headquarters of Gen. Curtis were established, and the
First and Second to Bentonville, twelve miles to the southwest, while a strong
cavalry force, under Gen. Asboth, went to Osage Springs. On the 23d Gen. Asboth made
a dash into Fayetteville, twenty miles in advance, found the city evacuated, and
planted the Union flag on the court-house." On March 1, Col. Jeff. C. Davis' division
withdrew from Cross Hollows and he took his position immediately behind Little Sugar
Creek, covering the Fayettville and Springfield road, and fortified his position in
anticipation of an attack from the south. On the 2d of March the First and Second
Divisions, under Gen. Sigel, moved [p.85] to McKissick's farm, four and a half miles
west of Bentonville. Col. Schaefer, with the Second Missouri Infantry and a
detatchment of cavalry, was sent to Osage Mills, six miles south by a little east of
McKissick's farm, as a post of observation toward Elm Springs, and for the purpose of
running the mill to grind flour for the troops.
WAR RECORD.
Another detachment of cavalry was sent to Osage Springs, five miles southeast of
Bentonville, to hold connection with the division at Cross Hollows. On the 5th a
detachment under Maj-Conrad was sent from McKissick's farm to Maysville, on the State
line, twenty-one miles west of Bentonville; and another detachment under Maj. Mezaros
went to Pineville, twenty-five miles northwest, while a detachment under Col.
Vandever had been sent to Huntsville, in Madison County. Meanwhile the Confederate
army, commanded by Maj.-Gen. Earl Van Dorn, concentrated in the Boston Mountains
south of Fayetteville, and on the 3rd it was on the march to Fayetteville and Elm
Springs, its advance arriving at the latter place on the evening of the 5th. On this
march Price's troops in the lead were followed by McCulloch's division, while Gen.
Pike with a brigade of Indian troops brought up the rear. The Federal officers did
not learn of this movement until the 5th, when the Confederates were only a day's
march from Sigel's position at McKissick's farm. It was the intention of the
Confederate commander to move early on the 6th, and if possible cut off and capture
Sigel's two divisions before they could prepare for defense or effect their retreat.
Sigel, however, was advised of the advance of the enemy in time to prevent this
disaster. Col. Schaefer's outposts were attacked on the evening of the 5th, and
during that night he fell back, under instructions from Gen Sigel, to Bentonville.
"At 2 o'clock A. M. of the 6th Gen. Asboth's division left McKissick's farm with the
whole train, followed by the division of Osterhaus. They passed through Bentonville
from 4 to 8 o'clock A. M., and arrived at the camp behind Sugar Creek at 2 P. M.,
where the Union army was to concentrate."
For the purpose of defending the main column on its retreat, and to make
observations regarding the Confederates' advance, Gen. Sigel remained at
Bentonville, with about 600 men and a [p.86] battery of six pieces,
after all the troops had left the place. At 10 A. M. he discovered that
the Confederates were forming a battle line about a mile south of the
village. With all possible haste and caution he then set out with his
rear guard to follow his main army. The Confederate troops quickly
followed, and skirmished with his command until they gained a point on
Sugar Creek, about seven miles northeast of Bentonville. Here Sigel went
up the creek toward Brightwater, where he joined the main army under
Curtis. Van Dorn, the Confederate commander, left his wagon train at the
crossing of Sugar Creek, and posted Green's division there to protect
it, and to prevent the Federals from retreating down the valley in case
of their defeat. He then advanced his army on the Bentonville and
Keetsville road, passing the right of the Federal army as it was then in
position facing southward, and passing north of Big Mountain, until,
with Price's command, he reached the Fayetteville and Springfield road
at a point north of the Elkhorn Tavern, and in the rear of the Federal
army. He expected to reach this point before daylight on the morning of
the 7th, but, on account of obstructions placed in the road by Col.
Dodge's Iowa regiment, he did not reach it until nearly 10 A. M. of that
day. During the night, while passing along the north side of Big
Mountain, McCulloch's command countermarched, and returned to the west
end of Big Mountain, taking position immediately west and south thereof,
with his lines facing south and southwestwardly. During the night of the
6th the Federal army rested in line of battle, facing southward from
behind Sugar Creek. Gen. Asboth's division held the extreme right, Col.
Osterhaus was on his left, Col. Davis next, and Col. Carr, with his
division, on the extreme left. The extreme right was so retired as to
face southwest. Curtis expected to be attacked from the south, and had
made preparations accordingly, but early on the morning of the 7th he
learned that his enemy was in his rear instead of the front; and, after
consultation with his division commanders at Pratt's store. he faced
about and directed Col. Carr to take position at Elkhorn Tavern, while
Col. Bussey was directed, with the cavalry of the different commands
(except the Third Illinois) and with three pieces of Elbert's battery,
to move by Leetown against the enemy [p.87] supposed to be advancing in
that direction. A brigade of infantry and another battery from Sigel's
command were sent to support the cavalry, and Col. Osterhaus was also
directed to accompany Col. Bussey for the purpose of taking control of
the movement. Davis' division then moved to the support of Osterhaus on
the left to contend with the Confederate forces under McCulloch, while
Asboth moved to the support and assistance of Carr's division on the
right to contend with Price's command. The lines of the latter faced
south, southwest and west, forming a sort of semi-circle, the left of
which overlapped the right of the Federal lines.
page 88
As the lines of the respective armies were formed on the morning of the
7th, before the engagement began, Price's command of the Confederate
army, under the immediate control of the commanding general, Van Dorn,
lay east of Big Mountain, while McCulloch's forces lay west and
southwest thereof, and thus all immediate communication between the two
portions of the Confederate army was cut off. The Federal army was also
divided, as before stated, in order to contend with the divided forces
of the Confederates, but Gen. Curtis established his headquarters near
Pratt's store, and kept up communication between the two portions of his
army. When the battle opened on the morning of the 7th the Federal
cavalry sent out from Sigel's command to meet McCulloch's advance was
repulsed, and in turn the Confederates were checked in their onslaught
by the command of Osterhaus. "At this point," says Gen. Sigel, "the
speedy arrival of Col. Jeff. C. Davis' division on the right of
Osterhaus, and its energetic advance, turned a very critical moment into
a decisive victory of our arms. McCulloch and McIntosh fell while
leading their troops in a furious attack against Osterhaus and Davis.
Hebert and a number of his officers and men were captured by the pickets
of the Thirty-sixth Illinois (cavalry), under Capt. Smith, and of the
Forty-fourth Illinois Infantry, under Capt. Russell. Thus the whole of
McCulloch's column, deprived of its leaders and without unity of
command, was thrown into confusion and beaten back. Though a great
advantage was gained on our side by the death and capture of those
leaders, the principal cause of our success was rather the quick
rallying and excellent maneuvering [p.88] of Osterhaus' and Davis'
forces, as well as the coolness and bravery of their infantry, supported
by Welfley's, Hoffman's and Davidson's batteries. Osterhaus changed his
front twice, under the fire of the enemy, to meet the dangerous flank
attack and pressure of Hebert's Louisiana and Arkansas infantry, while
the brigades of Davis, by striking the left of McCulloch's advancing
column, threw it into disorder and forced it to retreat."
During the day the left wing of the Confederate army, under Van Dorn and
Price, was eminently successful, as conceded by Gen. Sigel, who says:
"In spite of the heroic resistance of the two brigades of Dodge and
Vandever, and the re-enforcements sent them during the afternoon, they
were forced back from position to position until Elkhorn Tavern was
taken by the enemy, and our crippled forces, almost without ammunition,
their artillery reduced by losses of guns, men and horses, their
infantry greatly reduced, had to seek a last shelter in the woods and
behind the fences, separated from the enemy's position by open fields,
but not farther than a mile from our trains. They formed a contracted
and curved line, determined to resist, not disheartened, but awaiting
with some apprehension another attack. Fortunately the enemy did not
follow up his success, and night fell in, closing this terrible
conflict."
page 89
Of the Indian forces in McCulloch's column Col. Drew with his Cherokee
regiment retreated to the southwest toward Bentonville, while Col.
Greer, who succeeded McCulloch in command of the wing, moved with the
remainder of the force during the night and joined Van Dorn, taking
position on his extreme left the next morning. Col. Stand Waitie, with
his Cherokee regiment, retreated to Bentonville during the second day of
the fight. It is said that the hardest fighting in this battle took
place between the forces of the Confederate left and the Federal right.
When the battle opened the position held by the Federal right was
stoutly maintained, and it was with a fearful struggle and heavy loss to
both sides that they were dislodged and compelled to fall back. With
repeated attacks on the Federal line it was compelled to fall back, so
that when the day's engagement closed the left of the right wing rested
near the foot of Big Mountain and the right a short distance east of
Pratt's store. This was [p.89] confronted by the advanced line of the
Confederates, who had captured Elkhorn Tavern, and formed their line
west and south thereof, with their right resting at the foot of the
mountain. The withdrawal of the Confederates' right wing from in front
of the Federal left enabled Sigel to move eastward, with the division of
Osterhaus along the south side of the mountain, to the relief and
support of the right wing, which had been sorely pressed during the day.
During the night of the 7th the division of Col. Davis was called in
from Leetown, and this brought the Federal army all together.
page 90
On the first day of the fight, while Van Dorn and Price were so
vigorously pushing their columns forward with marked success, they hoped
that the right wing under McCulloch was equally successful. But learning
of his death, and that of McIntosh. the repulse of the right wing, and
the state of affairs in general. Van Dorn concluded to retreat, and
during the night Green's division. that had been left back on Sugar
Creek to guard the wagon train. was ordered to fall back and secure the
train from exposure to capture. Early on the morning of the 8th the
Federal line was re-formed, with the division of Asboth on the left
(near the mountain), Osterhaus' division in the center, and that of
Davis on the right, with Carr's division in a retired position to the
rear of Davis right, and immediately in front of Pratt's store, the
whole facing generally to the east, and confronting the Confederate
line. The latter, as formed on the morning of the 8th (Saturday), was as
follows: Little on the right. next to the mountain and directly in front
of the Federal forces under Asboth and Osterhaus; Frost next on the
left; Greer and Hill next, with Gates' cavalry on the extreme left. Gen.
Curtis opened the battle on the second morning with cannonading, and
having selected a good position he moved on to the Confederate forces,
who seemed to fight more on the defensive than on the offensive, as they
had the day before. "However, opposite the left of the Federal line,
near Elkhorn Tavern, Van Dorn made a determined effort to hold the spur
of hills, the top of which was crowned and protected by rocks and
bowlders. Some of Price's infantry had already taken possession of it,
and a battery was being placed in position, when Hoffmann's and Elbert's
[p.90] batteries were ordered to direct their fire against them, chiefly
with solid shot. Not more than fifteen minutes elapsed before the enemy
evacuated this last stronghold." [Sigel.] About the same time two
Federal regiments advanced from the center and right into the woods,
engaged the Confederate infantry and drove it back, and another Federal
regiment (the Twelfth Missouri) captured the Dallas battery. At this
juncture the Federal right advanced on to the Confederate left, the
latter yielding, and the general retreat of the Confederate army now
began. It fell back over the same ground it had gained the day before,
and the main army, which remained in order, retreated to the southeast
on the Van Winkle road. Some detachments cut off from the main army
retreated in other directions, being followed by Federal forces toward
Keetsville, in Missouri, and to a point beyond Bentonville, in Arkansas.
It is claimed by those who served in the Confederate army that Van
Dorn's only object in maintaining the fight on the second day was to
enable his trains and forces to make a successful retreat. The retreat
took place before noon. The Federal army remained on the field, having
won the victory which the Confederates felt confident of winning during
the first day of the fight. The plan of attack adopted by Gen. Van Dorn
was a wise one, and could he have reached the vicinity of Elkhorn Tavern
by daylight on the morning of the 7th, as he expected to, he would have
found the Federal army unprepared to receive his attack, and would in
all probability have won the victory. Again, as it was, if the column of
McCulloch had been properly handled, the Confederates might have gained
the day. But be that as it may, it was a great victory to the Union
cause, inasmuch as to a great extent it kept the war out of Missouri for
the next two years, and completely defeated Van Dorn's contemplated
project of capturing St. Louis and extending the war into Illinois. It
is the province of this work, however, only to give the history, and not
to make extended comments on what "might have been."
page 91
On the second day of the Pea Ridge battle Brig.-Gen. William Y. Slack,
commanding a force under Gen. Price, was mortally wounded in a charge
made on a part of the Federal line. His [p.91] home was in Chillicothe,
Mo. He was a lawyer by profession; was a captain in the Mexican War
under Sterling Price, who was then a colonel.
Composition, strength and losses of the contending armies at Pea Ridge:
Federal Army: Brig.-Gen. Samuel R. Curtis, commander.
First and Second Divisions, Brig.-Gen. Franz Sigel.
First Division, consisting of two brigades of infantry and two batteries of
artillery, commanded by Col. Peter J. Osterhaus.
Second Division, consisting of the First Brigade, some unattached troops, and two
batteries: Brig.-Gen. Alexander Asboth.
Third Division, consisting of two brigades, one battery and some cavalry: Col. Jeff.
C. Davis.
Fourth Division, consisting of two brigades, one battery and some unattached cavalry
and infantry: Col. Eugene A. Carr.
Effective force of Union army, 10,500 infantry and cavalry, with forty-nine pieces of
artillery. [See "Official Records" VIII, page 196.]
Total loss of Union army: 203 killed, 980 wounded, and 201 captured or missing. Total
1,384.
Confederate Army: Maj.-Gen. Earl VanDorn, commander.
Missouri State Guards: Maj.-Gen. Sterling Price.
Confederate Volunteers: Various commands.
State Troops: Second, Third, Fifth, Sixth, Seventh, Eighth and Ninth Divisions.