Progress Notes

Peggy Hake’s (photo 01) retirement after many years as secretary of the Miller County Historical Society and her recent move to Kansas City was featured on the previous Progress Notes of May 9, 2011.

01 Peggy Hake

However, Peggy continues to write weekly articles for the Autogram newspaper. Probably, quite a few readers of this website do not have access to the Autogram and for that reason occasionally I reproduce Peggy’s Window to the Past columns here. This week I am going to present Peggy’s narrative about two important attorneys widely recognized by historians of our county as being worthy of special recognition: Thomas Scott and Walter Stillwell.

I have in the past presented information about Thomas Scott supplied me by Mike Wieneman. Scott was Mike’s 2nd great grandfather. You can review what Mike provided at this previous Progress Notes.

Here is Peggy’s narrative:

‘WINDOW TO THE PAST’
BY PEGGY SMITH HAKE

Miller County Autogram Sentinel
April 21, 2011

After the story appeared about my retirement as secretary to the Miller County Historical Society I have received several inquiries asking if I was also giving up research and writing articles for “Window to the Past.” The answer is ‘no’.....as long as I am able to write and research and the newspaper will accept my articles, then I will continue on with what I love the most....sharing what I can learn about the county’s history and her pioneering families. Thanks much for your thoughts and concerns ........ Peggy.

THOMAS SCOTT (photo 02)

02 Thomas Scott

Thomas Scott was an important and prominent person in Miller County history and politics during the Civil War era. He served as a county court judge 1860 to 1862; a justice of the peace in Equality Township; was State Representative from 1863 to 1864; and a resident State Senator from 1858 to 1862. I guess it was accepted that he could serve as a county court judge of Miller County and a resident State Senator during the same years.

In 1861, he served as a representative to the Missouri State Convention and actively supported the Union in the Civil War. During the convention, the men who served as representatives to the special convention voted to keep Missouri in the Union as a Northern State. At the same time, there was another convention being held at Neosho, (in southwest Missouri), and since they strongly supported the Confederacy, the men there voted to support the South!

In 1872, after the war had been ended for about seven years, Senator Scott supported the Liberal Republican Party. The Liberal Republicans organized in Cincinnati, Ohio, in May 1872 and their main reason was to oppose the re-election of President Ulysses S. Grant, whom they said had corrupted the old Republican Party. They chose Horace Greeley, publisher of the New York Tribune newspaper, to be their candidate but he was soundly defeated in a landslide vote for Grant. The Liberal Republicans vanished after this episode in their brief history!

Thomas Scott and his family came to Miller County in the mid 1840s from Dubois County, Indiana, where they had lived for awhile. They had spent several years earlier in Shelby County, Kentucky, where Thomas was born in 1816. His parents were Thomas Scott Sr. and Sarah Hannah Mahurin, both born circa 1788, probably in Pennsylvania.

According to descendants of this family, Thomas Sr. and Sarah were cousins and their families were close knit. The Mahurin family were thought to be French Hugenots who came to America via the area of Ulster, Ireland ----so they traveled all over Europe before coming to America to settle permanently.

Thomas Scott Sr., his wife Sarah (Mahurin), and their children came to Miller County and settled upstream from Tuscumbia in Equality Township. A family cemetery (Scott Cemetery) is located on their land and many members of this family are buried there. Their children included: Rachel, Nancy, Arthur, Samuel, Thomas Jr., James, William, Minerva, Hester, and another daughter (name not found).

In the 1850 Miller County census, Thomas and Sarah were living on land upriver from Tuscumbia about three miles. In their home was son, Thomas Jr., his wife America (photo 03), and five children and close by lived son, Arthur, wife Phoebe (Mahurin) and seven children. Phoebe Mahurin Scott and Sarah Hannah Mahurin Scott were from the same Mahurin family mentioned before.

03 America Stilwell Scott

Before Senator Scott became interested in politics, he ventured out to California and took part in the gold rush of the late 1840s. While there, he was in the area that today is known as Placerville but was called “Hangtown” in the gold rush days. I’m sure there is quite an interesting yarn about that location and the gold rush story! (See photos below at the end of this narrative of Placerville.)

He had married America Stilwell back in Indiana circa 1835 and when they came to Miller County they were parents of two children and had at least three more after arriving in central Missouri. His wife, America, did not accompany him on his adventure to the gold fields but stayed home with her young children on their farm near Tuscumbia.

A descendant has written in some research that his marriage to America was an unhappy one and after he returned from California they did not live together any more. In the Scott Cemetery there is a gravestone for Senator Scott but none has been inventoried for America. Perhaps their troubled marriage was the cause of her not being buried there with him.

Senator Thomas S. Scott served as Miller County’s resident Senator in 1858 and was one of five who have served in that capacity including James H. Todd 1869, 1871; Frank DeVilbliss 1905,1907; W. S. Allee 1909- 1915; and C. R. ‘Ted’ Hawkins 1945-1959.

He studied the law and became an attorney in partnership with Jacob Gantt in a law office in Tuscumbia. He was also a member of the Baptist church and was active in the Masonic Order (photo 04).

04 Old Tuscumbia Baptist Church

Not much mention is made of his wife, America, so her date of death is unsure and where she is buried is unknown.

Senator Thomas Scott died in 1887 at age 71. He is buried in the Scott Family Cemetery (photo 05) and on his gravestone is recorded:

Thomas S. Scott AF & AM (Masonic Order) 8 Dec 1816 – 30 Aug 1887 (photo 06).

05 Scott Cemetery

06 Thomas Scott Tombstone

Other family names found in the old cemetery are:

Brockman, Cox, Dobson, Hatfield, Hultz, Keeth, McMillen, Stafford, Vaughan, von Finthill, Walker and Wilkinson.

Here is a short biography of Thomas Scott written by his second great grandson, Eldon native Mike Wieneman (photo 07):

07 Mike Wieneman

Thomas Scott, Jr. was my 2nd great-grandfather. He was prominent in community affairs and politics in Miller County, Missouri. He erected a one-room log building on his property for the use of local and traveling ministers, and it served as a school-house as well. He was Justice of the Peace in 1852 and 1854, and a contributor to the road improvement fund. He was a Mason, abolitionist, Delegate to the Constitutional Convention of 1861 from Missouri's 27th Senatorial District, a lawyer, farmer, and was elected State Representative from Miller County in November 1862 by a wide margin. In 1876, acting upon advice from his physician, he removed to Placer County, California, and resided at Butcher Ranch. His wife, America Stilwell Scott (whose parents were both born in North Carolina), remained in Miller County.

In California, Thomas Scott, Jr. became active in real estate and mining, owning the Paymaster Mine a mile and a half below Auburn. In the spring of 1887 he returned to Missouri, dying 30 August 1887, and is interred in the Scott Cemetery in Tuscumbia.

Mike scanned a page from a book he had which describes in more detail the town of Placerville where Thomas Scott lived while he was in California (photo 08).

08 Placerville, California
Click image to read entire document in PDF format

And here are some photos of Placerville sent me by Mike (photos 09 - 13):

09 Placerville Historical Landmark Sign

10 Placerville, CA - 1849

11 Placerville, CA - 1850

12 Placerville, CA - 1866

13 Placerville, CA - Today

The next article by Peggy Hake is one she wrote recently for the Autogram about Walter S. Stillwell, a very well known Tuscumbia attorney of the first half of the last century (photo 14).

14 Walter and Lydia Fendorf Stillwell

Walter passed away in 1953 when I was ten years old. He attended the Presbyterian Church where my family also were members. I remember he sat four rows in front and to the left of where we sat. In that time frame he was of an older age and retired. The most impressive memory I have of him from four rows behind was his perfectly combed head of white hair. Walter’s son, Robert Stillwell, married my mother’s sister, Marie Bear (photo 15).

15 Marie and Bob Stillwell

His other son, Roger Stillwell, married Juanita Messersmith, who was the Queen of the Miller County Centennial celebration in 1937 (photos 16 and 17).

16 Roger Stillwell

17 Juanita Messersmith Stillwell - Queen of Miller County Centennial

Walter also had two daughters, Mildred and Mary (photos 18 and 19).

18 Mildred Stillwell

19 Mary Stillwell

Walter had two brothers, one named Oren and another named Ira. All three brothers fought in the Spanish American War (photos 20 and 21).

20 J. Oren Stillwell

21 Walter and Ira Stillwell

Now, here is Peggy’s very well researched article about Walter Stillwell:

The Miller County Autogram-Sentinel – Thursday, May 5, 2011

Windows To The Past

Walter B. Stillwell

Peggy Hake

Walter B. Stillwell was born in Harrison, Ark., June 27, 1879, a son of Elias Stillwell and Mary Ann Brinkman . His father was born in Maryland and his mother was a native of Germany who came to America when a young child. They had three sons, Walter, Jesse (Note: also known as Oren), and Ira.

Walter came to Miller County and settled in Tuscumbia as a young man. He had studied the law and became an attorney and opened a law office in Tuscumbia with his partner, Jacob Gantt. Later he was in the law profession with a Mr. Fendorf and their law firm was called Stillwell and Fendorf.

Note: this was Bob Fendorf, brother in law of Walter (photo 22).

22 Robert Fendorf

He was active in politics holding several offices including Prosecuting Attorney elected in 1905, 1908, 1910, 1924, and 1928. He was the Public Administrator 1909-1912. In 1930, the Governor of Missouri appointed him as the Circuit Judge of the 14th Judicial Circuit and he held that office until 1933.

Not only was he a busy and successful attorney, but he also owned a partnership in the county newspaper, Miller County Autogram, as co-owner with Lawrence Wright (photo 23).

23 Lawrence Alfred and Carmen Ercel Bassman Wright

In 1932, he was elected as president of the Bank of Tuscumbia and stayed in that profession for over 20 years. He succeeded Captain Robert M. Marshall, the bank’s early president (photo 24).

24 Robert Marshall and Fred Fendorf

Walter also served as a member of the Tuscumbia school board; the town board; and was a member of the Presbyterian Church (photo 25).

25 Presbyterian Church

He was a strong supporter of the Republican Party.

On April 25, 1905, at Tuscumbia, Walter married Lydia C. Fendorf, daughter of Frank and Mary Isabelle Fendorf (photos 26 and 27).

26 Walter and Lydia Stillwell

27 Frank Fendorf Family

They became parents of five children, including:

1. Mary Elizabeth Stillwell
2. Robert Marvin Stillwell 1910-1987 m. Marie Bear
3. Roger Wayne Stillwell 1913-1997 m. Juanita Messersmith
4. Mildred Stillwell 1915-1939
5. Marjorie Stillwell 1918-1919

In 1910, Walter bought all the records of Miller County land transactions in the County Recorder’s office and began recording all property sales and acquirements in the county. Later he was joined by his son, Roger Stillwell, an attorney also, and the business was then called Stillwell and Stillwell Abstract Company. Their abstract office was located in the Miller County Courthouse and they opened Stillwell Law Firm in the Leonard Kallenbach store building a short distance north of the courthouse (photo 28).

28 Stillwell office in this end of Kallenbach Building (building now closed)

NOTE: During the 1980s, I spent many hours in the old law office researching in old Miller County Autogram newspapers that were filed there for safe keeping. I was so fortunate to have access to these old newspapers where I picked up so many historical and family records. At that time, the building was owned by James Granthan, an attorney and abstracter, who bought the records of land transactions from the Stillwell Company a few years prior (photo 29).

29 James Grantham posing with Great Great Grandfather James Lowry Grantham

In the old courthouse, in the upstairs courtroom, was placed a placard honoring Walter Stillwell and his years of service to Miller County. I would imagine the placard was taken to the new courthouse when it opened a few years ago and put somewhere in a place of honor (photo 30).

30 Memorial Placard for Walter Stillwell

Most of the Stillwell family members are buried in the Tuscumbia Cemetery. Walter died January 18, 1953 and was placed beside his wife, Lydia (Fendorf), who had died July 18, 1935.

Thanks Peggy!

Here are a number of articles which Walter Stillwell kept as momentos in his office (photos 31 - 48):

31 Bar Docket

32 Calendar from Abstract Office

33 Certificate of Admission to Bar

34 Cigarette Case

35 Diary
Click image for larger view

36 Hat from Spanish American War

37 Meter

38 Office Calendar

39 Office File and Spitoon

40 Old Office Diary

41 "The Hung Jury"

42 "The Disputed Title"

43 Walking Stick from Spanish American War

44 Walking Stick

45 Walking Stick

47 Walking Stick

48 Walking Stick

Walter and his son Roger Stillwell ran an abstract office in Tuscumbia for many years as Peggy noted above. An article in the Tuscumbia Autogram in 1946 described the origins of the office, which was considered to be unique and innovative at the time:

Tuscumbia Autogram 1946 (photo 49)

49 Walter and Roger Stillwell

One of the busiest nooks in the Miller County Court House receives little mention in our regular column because while it is located in the vault of the offices of Circuit Clerk Donald Williams, it is not actually a part of the Courthouse routine.

We refer to the abstract work conducted by Judge W.S. Stillwell and his son, Roger W. Stillwell, who compiled and brought up to date more than 700 abstracts on Miller County properties this past year.

The work necessitates considerable research through the old court records and brings to light many interesting details of rugged pioneering in the Middle West and countless transfers of property dating back to the time when land patents were granted by the U.S. government and title established by those courageous pioneers who staked their homes. Bringing an abstract up to date often takes weeks of research and may total more than one hundred pages to establish the many owners down through the years. At the present time very few real estate sales are made without an abstract to show clear title to the property involved and thus protect the new owner from loss through claims of a former heir to the property.

Judge Stillwell, who has been engaged in abstract research for many years, is not a native of Miller County but he is one of its best boosters and makes his home in Tuscumbia by choice. He came to Tuscumbia from Warrensburg in 1901 and since that time has devoted his sincerest efforts to the progress and future of the Community and people. He is an ardent member of the Presbyterian Church and has served as superintendent of the Sunday School for many years. In addition, he also is president of the Bank of Tuscumbia, a position he has held for more than 20 years.

The building now housing the Miller County Triple A offices was built by Judge Stillwell and it was there he opened his first abstract offices.

Note: the building housing the Miller County Triple A office was located on the steps going up the hill from the Presbyterian Church and in later years was not in use. It now is crumbling with only one wall standing (photos 49a and 49b).

49a Going Down Steps

49b Old MCTA Building

In 1936 he was married to Sue Wells Speedy, daughter of Mrs. J. R. Wells, who also takes an active part in church and community affairs (photo 50).

50 Sue Wells Stillwell

Note: Judge Stillwell’s first wife was Lydia Fendorf who passed away several years before his marriage to Ms. Speedy.

It is interesting to note that the Judge was first associated here with Luther N. Musser, who now is 90 years old, still active and residing in Kansas City, where we understand he continues to transact business in his downtown office every day.

Roger W. Stillwell, who is associated with his father in the abstract work, was graduated from the University of Missouri and in 1940 married Miss Juanita Messersmith, daughter of Mrs. Minnie Messersmith of Tuscumbia (see photo 17 above). They first made their home in the residence now owned by Homer Clay Wright, leaving it when Roger entered the armed forces in 1943. He served 2 ½ years and was stationed with the Military Intelligence Corps in the Pacific area, being discharged in March of last year. While Roger was in the service, Mrs. Stillwell taught in the Eldon schools and at the present time is assisting in the present shortage of teachers by teaching in the Jefferson City Schools.

Abstracts and records compiled by Stillwell and Stillwell are always available at the Courthouse for those seeking pertinent information.

After the article above was written Walter passed away in 1953. The remainder of the story of the Stillwell Abstract business was related to me by James Grantham (see photo 29 above). Below is a summary of what James told me starting with a review of some of the information given above:

In 1910 attorney Walter Stillwell bought all the records of land transactions in the County Recorder’s office and began keeping a recording of all Miller County property transactions. He was allowed to keep his office in the Court House. Later he was joined by his son, Roger Stillwell, who also was an attorney. The father and son named their business Stillwell and Stillwell Abstract Company. Walter died in the early 1950’s and the business then was operated by his son, Roger. They had a law office in the south end of Leonard Kallenbach’s building but continued to utilize the Courthouse for the abstract/title business (see photo 28 above).

In 1969 or 1970 James Grantham built an office building across the street from Leonard Kallenbach’s store and established his own title and law office (photo 51).

51 Miller County Title Company

James originally was born and raised in Camdenton. He was a graduate of the University of Missouri Law school.

In the 1970’s Roger Stillwell sold the abstract company to James who moved all the abstracts and other related materials from the Stillwells’ office in the courthouse to his separate office building nearby. He named his office The Miller County Abstract and Title Company. Sometime later in the 1970’s James purchased Leonard Kallenbach’s building expecting to share office space with his son who was graduating from law school. However, his son decided to practice in the military so ultimately James never used the Kallenbach building. James was an innovator who was one of the first to transfer abstract documents to microfilm. This was a complicated and detailed project since all the transactions had to be indexed and typed from the original handwritten records before they were microfilmed. The work that James accomplished made it much easier to verify and confirm land transactions throughout the history of any particular parcel of land in the county. In the 1990’s James sold his business to Harry Naught who later sold it to John Curran. During the time he was in Tuscumbia James also served as Prosecuting Attorney in 1971-72 and as Associate Circuit Judge from 1991 to 1998. Presently, he is retired and lives in Sunrise Beach.

So that completes the story of Walter Stillwell, prominent Tuscumbia attorney of the first half of the last century. It is sad to think that the historic courtroom where he appeared so many times, especially when he was county prosecutor, is now aging away as time goes by. Here is a photo of it when still being used (photo 52):

52 Tuscumbia Courtroom - Old Courthouse

And also it is sad to see the old Presbyterian Church, where Walter was a member, waste away when one remembers just how beautiful was the stained glass in the back of the pulpit area (now stored at the College of the Ozarks) (photo 53).

53 Stained Glass Window Presbyterian Church

Thankfully, with the help of Jim Clark, we have restored the old church bell which is proudly displayed at the entrance to the Miller County Museum (photo 54).

54 Jim Clark in front of Bell

A previous Progress Notes discussed Walter’s son, Robert Stillwell, who in addition to his profession of being an engineer, was an accomplished guitar and harmonica player who played some of the really old time country songs. You can read that story here at this previous Progress Notes.

About fifteen years ago Greg Keeth and his uncle Eugene Keeth were over at the Bray’s Store near Iberia (photo 55).

55 Bray's Store

They saw an old shed that had collapsed. Nothing much was inside except an old box with multiple drawers. They pulled the box out and cleaned it up but didn’t know exactly for what it was used. However, they found some lead shot in several of the drawers which suggested it was a storage box for different sized shot. The apparent age of the box and character of the shot suggested it was very old, probably late 19th century. After some research Greg located photos in some antique magazines of similar type boxes which were used by country stores to dispense the lead shot pellets which could be used for muzzle loading guns or for loading shotgun shells.

Here are some photos of Greg and the old box (photos 56, 57 and 58):

56 Greg Keeth and Lead Shot Chest

57 Lead Shot Chest

58 Lead Shot Case

We have had a busy few weeks lately at the museum hosting various groups. The Eldon third grade classes of about one hundred fifty students visited us May 6 (photos 59, 60 and 61).

59 Eldon 3rd Grade

60 Eldon 3rd Grade

61 Eldon 3rd Grade

Mike Haines of Eldon, one of those who accompanied the students, had been an administrator at the Tuscumbia school system in the 1980’s (photo 62).

62 Michael Haines

On May 7 we hosted the Mid Missouri Museum Coalition for their annual meeting providing a lunch as well (photo 63).

63 Mid Missouri Museum Coalition

On May 10 board member Betty Kallenbach hosted the Eldon Retired Teachers group for their monthly meeting (photo 64).

64 Eldon Retired Teachers

Betty was back in the kitchen all day and I didn’t get a photo of her; however, here is one of her I had taken at another event earlier (photo 65):

65 Betty Kallenbach

Sharon Holder, retired Eldon teacher, presented the history of the old Lupardus cabin now located on our museum grounds (photo 66).

66 Sharon Holder

Sharon often gives tours of this old cabin for school groups (photo 67).

67 Sharon Holder at Lupardus Cabin

Her grandparents, Willard and Maggie Boyd were the last to live in it before it was given to the museum by Gary Flaugher, Sharon’s cousin, who also is a grandchild of the Boyds’ (photos 68 and 69).

68 Willard and Maggie Boyd in front of Lupardus Cabin

69 Gary Flaugher on porch of Lupardus Cabin

Carl McDonald, historical society vice president and great grandson of Peter Lupardus, the original owner of the cabin, was the person instrumental in having the cabin disassembled and brought to the museum. Here is a photo of Carl with a short biography (photo 70):

70 Carl McDonald
Click image for larger view

This interesting photo contains most of the Lupardus family (photo 71).

71 Peter Lupardus Family Photo

And here are the names of those in the photo (photo 72).

72 Names in Lupardus Family Photo
Click image for larger view

And here is a photo of Peter Lupardus, the man who built the log cabin, and his wife Joanne (photo 73):

73 Peter and Joanne Lupardus

Another photo reveals the entirety of the Lupardus cabin and a smaller cabin, known as the Williams cabin, both of which are on our museum grounds (photo 74).

74 Lupardus and Williams Cabins

You can read more about Peter Lupardus at this previous Progress Notes:

You will need to scroll more than half way down the page to get to the section about Peter.

That’s all for this week.

Joe Pryor

Previous article links are in a dropdown menu at the top of all of the pages.