The erection of Boone County in 1869 placed the major portion of Carroll County a considerable distance from Carrollton, and the removal of the county seat to a more central location was at once agitated. The claims of Berryville for metropolitan honors were energetically pressed, and an election was held November 1, 1869, upon the proposition to remove the county seat thither. The result cannot be ascertained; but at September term, 1869, a petition was presented to the court alleging that the election was null and void, a portion of the county having been ignored and refused recognition by the court. A new election was forthwith ordered for November 13, 1871. At December term, 1871, of the county court, the court was petitioned by certain citizens of Carrollton "to declare the proposition for removal of the county seat to Berryville," submitted to the electors November 13, 1871, "a failure and to put said question at rest, for a time at least," but on the following day the court refused to grant this request, upon which the question was appealed to the circuit court, with results favorable to the petitioners. What action the county court proposed to take in the matter is expressed in the following extract from the minutes: "The court took into consideration the returns of the election held November 13, 1871; and it appearing that a majority of the qualified voters favored the change, the court appointed John S. O'Neal, George J. Crump and Dr. Isaac Plumlee commissioners to select a site at Berryville." They were directed to meet at that place on Monday, January 29, 1872.
The Final Issue. -- January 5, 1875, upon petition of more than one-half of the voters of the county for the removal of the county-seat from Carrollton to Berryville, an election was ordered for February 22, 1875. May 5, 1875, the court instructed the clerk to notify all the justices of the peace in the county to sit with and assist the county judges in deciding upon the matter, on the second Monday in May, 1875. May 10, 1875, the day appointed, the election returns were laid before the court. There were 557 votes for removal, and 529 against, being a majority of twenty-eight in favor of removal out of a total vote of 1,086. E. J. Black, J. S. O'Neal and Isaac Plumlee were appointed commissioners "to aid the court in carrying into effect the will of said majority, in purchasing a site for the buildings at Berryville." June 22, 1875, the commissioners reported having purchased, for $100, a lot in Berryville, from Blackburn H. Berry, and also received from him without consideration the public square in Berryville. July 6, 1875, they reported that a suitable building had been secured, by purchase, for the court-house, and rooms for the county officers by rental; upon which the court directed the sheriff to remove the records, seals, archives, fixtures, etc., which was done July 17, 1875. The property of the county at Carrollton was sold by J. W. Freeman, commissioner, January 15, 1876. Len Nunnally bought the public square for $10; John G. Crump, the old court-house, for $100; James P. Fancher, a table, for $2.50; Lots Nos. 7 and 8, in Block 9, were sold for $62.
The Present Court-house, a substantial brick structure, was erected in 1880. R. H. Jones was appointed commissioner October 15, 1880, and instructed to prepare plans and specifications. December 6, 1880, he awarded the contract for the erection of the building to J. P. Fancher, his bid of $8,997.50 being the lowest from any responsible person. The contract, and bond in double that amount were approved by the court. The building is forty-six feet wide and fifty-six feet long, outside dimensions. A hall ten feet wide extends through the building in the direction of its greatest length. On one side there are three rooms, one of which is occupied as an office by the sheriff; on the opposite there is one room, 28x15-1/2 feet, the clerk's office, connecting with which is the vault, 10x15-1/2 feet. A stairway ascends to the upper story from the front end of the building. This floor comprises the court hall, forty-four feet wide, and two jury rooms. The roof is flat. The building was first occupied in the autumn of 1881. The old court-house was sold by R. H. Jones to H. A. Pearce for $100, in county scrip, June 30, 1881, and Dr. W. P. George's store building was occupied for county offices, and during the session of the courts, until the completion of the new building.
Jails. -- The first county jail was built about 1840, and stood upon a lot in Carrollton now owned by Len Nunnally. The builder was James C. Cheney, of Osage. The jail was about twenty-two feet square and two stories high. The walls of the first story were triple thick, the logs on the outer and inner sides being built horizontally, in the usual way, with a wall of logs perpendicularly between them. The latter extended to the top of the building, making an upper story but little used. The floor and ceiling were made of twelve-inch hewed timber, securely imbedded in the walls, and the door was attached with massive iron inges. The upper story was reached by an outside stairway. This building stood until the war, when it shared the fate of hundreds of others, and was reduced to ashes. It embodied the prevalent ideas upon jail architecture at the period when it was built, and like many others before and since was frequently left tenantless by the miscreants confided to its keeping.
There was no jail in Carroll County from this time until 1876, after the county seat was changed, and during this time prisoners were confined at Huntsville, Fayetteville, or Bentonville. The contract for the jail at Berryville was awarded to W. W. Davis and Charles Byron, at their bid of $2,500, April 5, 1876. The specification called for a brick building with stone foundations, 20x30 feet. A hall extended across the building; there were two rooms west of the hall 7x10 feet, and one room east 10x16 feet. The ceiling was twelve feet high. There were three windows on the south side, two windows and a door on the north, and one window on each of the other sides. The contractors were released July 3, 1876, and the building was soon thereafter occupied.
"Jail delivery" has on a number of occasions been effected by other than the ordinary and lawful method. No particulars are obtainable so far as the old jail is concerned. A single instance will be given with regard to the jail built at Berryville: Wednesday night, October 10, 1883, five of the six inmates of the jail succeeded in escaping from their cells; the watchman was overpowered, his pistols secured, and himself compelled to open the door and accompany the prisoners a mile from the town. On the following day Sheriff Freeman organized a posse and started in pursuit. One of the prisoners was captured that evening near White River and two others on Rock Creek. A fourth was overtaken Friday morning, and the fifth in the evening of that day. At 3 P. M. on Saturday all were again "behind the bars," if that phrase may be applied to the jail, sixty-six hours after their escape.
The Berryville jail was burned in 1887, and with it a single occupant, supposed to have planned the fire in order to effect his escape. The walls are intact, but no effort has yet been made to rebuild.
Present Agitation. -- The destruction of the jail and the necessity for extensive repairs to the court-house have recently induced the people of Green Forest to offer the county a liberal bonus for the removal of the county seat to that place. It is urged that since the erection of the western judicial district Berryville is no longer centrally located upon the territory within the jurisdiction of its courts, and that the change to Green Forest would greatly convenience a majority of the people. At this writing (July, 1888) the court has ordered an election in the autumn, when the matter will be decided.
No record of township organization prior to 1870 is extant, but from a comparison of traditional knowledge it is inferred that the three original townships of what is now Carroll County were Carrollton, Osage and Prairie (said to have been known at one time as Ashley), to which Long Creek was added prior to 1850. The order of subsequent formation cannot be ascertained. The records having been destroyed it became necessary to establish township boundaries, which was done at an adjourned term of the county court, April 18, 1870; Hon. Robert Raines, judge, and Esquires Jackson Childers and Alexander H. McElyea presiding. On this day the court proceeded to establish the different townships, defining their boundaries and voting places as follows, to wit:
"Long Creek
Township to commence at the Boone County line, at the
southeast corner of Section 27, in Township 20 north, Range 22 west,
running west to the southwest corner of Section 25, in Township 20
north, Range 23 west; thence due north to the Missouri line; thence
east to the Boone County line; thence south with said line to the place
of beginning; and that the voting place in said township be, and the
same is hereby designated at the residence of Redden B. Mattox.
"Hickory
Township line to commence above and near the Dallison
farm on Dry Creek, running northward to the southwest corner of Long
Creek Township; thence north with said township line to the Missouri
line; thence with the Missouri line to a point near and east of the
residence of Thomas Wise; thence southward with the range of mountains,
leaving said Wise west of said line to the Pilot Knob; thence south to
the Osage Mountain; thence east with the aforesaid mountain to the
southwest corner of the sixteenth section; thence east with said
section line to Dry Creek, near Jeremiah Youngblood's; thence down the
main channel of Dry Creek to the place of beginning; and that the
voting place be, and the same is hereby designated, at the residence of
John S. Shahan.
"King's River
Township line to commence at the northwest corner of
Hickory Township; thence west with the Missouri line to a point due
north of Boat Mountain; thence south with the divide between
Leatherwood and King's River to the head of the Cox and Hobb's saw-mill
hollow; thence down said hollow to the Master's ford on King's River;
thence by Bradley Bunch's to the southwest corner of Hickory Township
line; thence with said line north to the place of beginning; and that
the voting place in said townsip be, and the same is hereby designated,
at the frame house on the L. D. High farm in the waxweed hollow.
"Cedar Township
line to commence at the northwest corner of King's River;
thence west with the Missouri line to the Benton County line; thence
south with said line to the Madison County line; thence east with said
line to the divide between Leatherwood and Keel's Creek; thence to the
southwest corner of King's River Township; thence with said township
line to the place of beginning; and that the voting place in said
township be, and the same is hereby designated, at the residence of
William Skelton in said township.
"Prairie
Township line to commence at the southeast corner of
King's River; thence west with the said boundary line of King's River
Township to the southeast corner of Cedar Township line; thence with
the Cedar Township line to the Madison County line; thence with the
Madison County line to the Rockhouse Creek; thence down said creek so
as to include the settlements on said creek (which is to King's River);
thence up King's River to the mouth of Piney; thence east to William
Barkley's on Osage; thence north by the way of Benjamin Jenning's to
the place of beginning; and that the voting place be, and and
[sic] the same is hereby designated at Berryville.
"Liberty
Township line to commence at the southwest corner of
Prairie Township; thence south with the Madison County line to Stephen
Howard's; thence east by the way of the Widow Usry's on Osage, to
Daniel Conner's; thence north on the divide to the Hickory Township
line near the old Rush still-house; thence with said Prairie Township
line to the place of beginning; and that the voting place in said
township be, and the same is hereby designated, at the residence of
Matthew Griffith.
"Osage Township
line to commence at the southwest corner of Liberty
Township, thence south with the Madison County line to the Newton
County line, thence east to the Boone County line, thence with the
divide between Osage and Long Creeks to the southeast corner of Liberty
Township, thence west with said township line to the place of
beginning; and that the voting place in said township be, and the same
is hereby designated at the residence of John P. Carter.
"Carrollton
Township to commence at the southeast corner of Long
Creek Township, thence west with said township line to the Hickory
Township line, thence with said Hickory Township line to the Liberty
Township line, thence with said Liberty Township line to the Osage
Township line, thence with said Osage Township line to the Boone County
line, thence with said Boone County line to the place of beginning; and
that the voting place in said township be and the same is hereby
designated at Carrollton."
Yocum Township.
-- October 7, 1873: "Ordered by the board that Hickory
Township be divided as follows, to wit: by a line beginning where Long
Creek Township line crosses Yocum Creek, thence with the bed of said
creek to the residence of John S. Shahan, thence due west to Prairie
Township line; and that all north of said line be known and called by
the name of Yocum Township; and that the voting place of said township
be at the voting place of Jeremiah Hall."
Polo Township.
-- April Term, 1874 upon petition of a majority of the
citizens of King's River Township for the formation of a new
subdivision from its territory, the following line of division was
confirmed: "Beginning about one mile and three-quarters west of Bradley
Bunch's, where said township line crosses a hollow known as Methodist
Hollow, thence down said hollow to King's River about one-fourth of a
mile above Crabaugh's mill, thence down said river to the Missouri
line." The eastern part received the name of Polo Township, with
Standlee's store as its voting place.
Clifty. -- August
17, 1874, Cedar Township was divided by a line "beginning at the
eastern boundary of said township, and running due west so as to divide
Sections 20 and 19, Township 20 north, Range 26 west, and Sections 24,
23, 22 and 21, Township 20 north, Range 27 west, through the center of
said sections to the western boundary;" that portion south of this line
receiving the name of Clifty Township, with Hendry's mill as its voting
place.
Piney Township.
-- April 5, 1875, division of Liberty Township ordered by
a line "beginning at the north line of Osage Township, near Nathaniel
Rudd's, and running in a northern direction on and with the divide
between the waters of the Osage and Piney Creeks to the southern line
of Prairie Township;" the territory west of this line to constitute the
new township of Piney. Its organization was ordered to be effected May
1, 1875, with John Gilstrop's mill as the place for holding elections.
Fork Township.
-- February 7, 1876: "On this day was presented a
petition of a majority of the citizens of Osage Township representing
that said township is too large for the convenience of a large number
of citizens thereof, and praying that said township be divided as
follows, to wit: Beginning at the Newton County line, on the top of the
mountain or divide separating the waters of Osage and Dry
Fork creeks, and running with and on the top of said mountain or divide
north to the Liberty Township line." This was favorably considered, the
territory west of the line described being designated as Dry Fork
Township, with the place of the election at Shiloh.
July 3, 1876 by order of court the southern boundary of King's
River Township was so changed as to include that part of Prairie
Township north of a line "beginning at the southeast corner of said
(King's River) township, thence west to the W. R. Sartain farm on
King's River, thence up said river to the mouth of Osage, thence west
to Cedar Township line."
Winonia Township was formed May 1, 1882, from the following described territory, formerly part of Cedar: "Beginning where King's River crosses the line between Carroll and Madison Counties, running thence west to the line between Ranges 26 and 27; thence north to the northwest corner of Section 31, Township 20 north, Range 26 west, thence east four miles; thence north two miles; thence east to King's River; thence along said river to place of beginning." At July term, 1882, the line between Prairie and Winonia was so changed as to read as follows: "Commencing at a point on the line between Sections 4 and 5, Township 19, Range 25 west, where said line crosses King's River; thence north on said line to the southeast corner of Section 32, Township 20, Range 25; thence west to the southeast corner of Section 31, Township 20, Range 25; thence north to the southeast corner of Section 30; thence west one-half mile; thence north to King's River Township line; thence east to Prairie Township line."
Franklin Township. -- April 7, 1884, upon petition of thirty-one citizens of Cedar Township, its division was ordered by a line "Beginning at the northwest corner of Section 10, Township 21, Range 26, on the Missouri State line; thence south to the southwest corner of Section 27, said township and range; thence east to the southeast corner of Section 29, Township 21, Range 25; thence north to the Missouri State line; thence west to the place of beginning." The new township received the name of Franklin.
Johnson Spring election district was formed July 14, 1882, and includes "all of sections east of Eureka Springs, to the Prairie Township line; all south of Eureka Springs to Winonia Township line, Sections 9, 16 and north one-half of Section 10; all of Township 20 north, Range 26 west in Cedar Township," except the corporation of Eureka Springs.
The present number of townships is fourteen; of election districts twenty, there being five wards in Eureka Springs, each of which with each of the townships constitutes a separate district.