USA > Missouri > Encyclopedia of the history of Missouri, a compendium of history and biography for ready reference, Vol. II > Part 30
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By law enacted January 4, 1815, to take effect February 15, 1815, the Territory was divided into two districts or circuits.
The counties of St. Charles, St. Louis and Washington composed the northern circuit, and the counties of Ste. Genevieve, Cape Girardeau and New Madrid composed the southern circuit.
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By an act approved April 29, 1816, it was provided : "That the General Assembly of the said Territory shall be and is hereby authorized to require the judges of the supe- rior court of the said Territory to hold su- perior and circuit courts; to appoint the time and places of holding the same, and under such rules and regulations as the General Assembly may in that behalf pre- scribe; the circuit courts shall be composed of one of the said judges, and shall have jurisdiction in all criminal cases, and exclu- sive original jurisdiction in all those which are capital, and original jurisdiction in all civil cases of the value of $100; and the superior and circuit courts shall possess and exercise chancery powers, as well as common law jurisdiction, in all civil cases, provided that there shall be an appeal in matters of law and equity in all cases from the circuit courts to the superior courts of the said Territory."
Repugnant portions of the former acts re- pealed.
January 19, 1816, it was enacted: "That none of the British statutes respecting crimes and punishments shall be in force in this Territory, nor shall any person be pun- ished by common law where the laws and statutes of this Territory have made pro- vision of the subject ; but where the laws and statutes of the United States and this Terri- tory have not made provision for the pun- ishment of offenses the several courts may proceed to punish for such offenses ; provided, the punishment shall in no case be other than fine and imprisonment, and the term of imprisonment shall not exceed two months, and the fine shall not exceed $100.
In 1818 (December II) an act was passed giving justices of the peace power to issue warrants and hold preliminary examination of any person brought before them charged with any criminal offense, or suspicion there- of, and before committing such person to jail or admitting him to bail the justices were required to take down in writing so much of the evidence as was material to prove the offense, and to certify and forward same, through the sheriff, to the court having cog- nizance of the offense charged.
The ordinance declaring the assent of the people to the conditions and provisions of the act of Congress of March 6, 1820, ad- mitting Missouri as a State, was adopted by
the convention held in St. Louis on July 19, 1820, and a Constitution promulgated which contained a schedule providing all Territorial laws not in conflict with the Constitution should remain in force.
By an act approved October 31, 1820, it was provided that the Senate and House of Representatives of Missouri should, on No- vember 1, 1820, by a joint vote in the hall of the House, "nominate and appoint a suf- ficient number of persons in each county (not more than eight for each township in each county) as justices of the peace."
The Governor was required to commission the persons so selected, the clerk giving him their names.
Justices held offices for four years, unless sooner removed by indictment for bribery, perjury or other infamous crime, and if con- victed were forever disqualified from hold- ing office.
Justices were conservators of the peace in their respective counties, and as such had power "to bind to their good behavior all such as be not of good fame, or who in their presence make an affray or are guilty of contempts toward such justices while in the lawful discharge of any of the duties of their office, or for other breach of the peace in their presence, or who may be brought be- fore them by warrant or otherwise for the same; their powers and duties, both in crim- inal and civil cases, as also the extent of their jurisdiction in civil suits, together with their fees and emoluments, shall in all re- spects be the same as they now are, and shall be governed by the existing laws until other- wise altered or repealed."
November 25, 1820, an act was passed which divided the State into four districts and circuits, and prescribed times and places for holding sessions of Supreme Court, supe- rior courts of chancery, circuit courts and county courts ; and an act of November 28, 1820, provided for appeals to the circuit court from the county courts and justices of the peace, and appeals from the circuit courts to the Supreme and chancery courts. The act also provides that all business in Territorial circuit courts was to be transferred to State circuit courts, and the jurisdiction of the courts defined, criminal jurisdiction being given to the circuit courts in all cases not otherwise provided for by law.
In 1825 the laws were revised by acts ap-
Vol. II-11
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proved January 7, 1825, February 3 and Feb- ruary 5, 1825, but no changes were made in the jurisdiction of the several courts, or the mode and manner of prosecuting criminals.
By an act passed January 17, 1831, it was provided that in addition to the three terms of court required by law to be held annu- ally in each county for the transaction of gen- eral business, the judge of the third judicial circuit was required to hold three other stated terms in St. Louis County for the transaction of criminal business only. Judges in other circuits could hold special terms for the transaction of criminal business only when and as often as was necessary, first causing the sheriff to give five days' public notice of such special terms.
Act of January 12, 1831, provided that where, on conviction of felony or misde- meanor the punishment was at the discretion of the court, a jury, if one was demanded and tried the case, could fix the punishment, and the court was bound to sentence accordingly. But this did not interfere with a court fixing a punishment for contempt of court. In the trial of an indictment for felony or misde- meanor the court could not sum up or com- ment on the evidence given in the cause unless requested so to do by both parties or their counsel, but it could instruct the jury as to the law of the case.
'An act which was passed, vetoed by the Governor, and then passed over said veto, became a law January 29, 1839, and estab- lished the St. Louis Criminal Court in and for the county of St. Louis. Said court had original and appellate jurisdiction in cases previously triable in the circuit courts; this included felony and misdemeanors.
A defendant by appeal or writ of error could take his case to the circuit court, as if the circuit court was a Supreme Court, but could not be admitted to bail on such appeal or writ of error. He could thereafter again appeal from the circuit court to the Supreme Court, or a defendant could appeal direct to the Supreme Court from a conviction in the criminal court.
The judge of the St. Louis Criminal Court was nominated by the House of Representa- tives and appointed by and with the advice and consent of the Senate and commissioned by the Governor. He was required to pos- sess all the qualifications of a circuit judge, and held office for a term of six years, unless
removed for the same causes and in the same way as a judge of the circuit court.
But by act of March 1, 1851, the election by the people of such judge of the criminal court was provided. His term was again fixed at six years.
The salary of said judge was $1,000 a year, but he was allowed to practice law in civil cases founded on contracts. Six terms of court annually were held-January, March, May, July, September and November.
The judge possessed the same powers as a judge of the circuit court in criminal cases, and hence when a change of venue was asked on account of prejudice, kinship or other dis- qualification of the judge, the case had to be sent to another county for trial; and so by an act approved February 17, 1849, it was provided that in such cases the cause should not be sent to another county, but to the court of common pleas of the county, and such court was given jurisdiction to try such cases.
And if a change of venue was asked on the ground that the people of the city of St. Louis were prejudiced, and this plea was supported by the affidavit of some disinter- ested, respectable person, then a special jury was summoned, consisting of persons who resided in St. Louis County, outside of the city of St. Louis, and if such affidavit was filed alleging prejudice in the persons resid- ing in the county of St. Louis, then a special jury was summoned consisting of persons who resided in the city. In no case could a cause be removed by change of venue to another or different county.
In 1855 (January II) the law was changed, and instead of cases being sent to the court of common pleas on a change of venue when the judge of the criminal court was disquali- fied, such cases were sent to the circuit court of St. Louis County, and such court was em- powered and required to try them, and all jurisdiction was taken from the court of com- mon pleas to try such cases.
But by an act approved December II, 1855, it was provided that changes of venue could not be obtained on a mere applica- tion to the judge, supported by an affidavit ; but if a change was desired the party had to give reasonable notice to the State's attor- ney and then file his application in the court of common pleas, whereupon the judge of said court of common pleas heard evidence
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for and against the allegations in the applica- tion, and could examine the applicant himself, under oath, and from all the evidence deter- mine whether the change of venue should be granted or not. If he decided it should be granted he ordered the judge and clerk of the criminal court, in writing, to transfer said cause to the Circuit Court of St. Louis County, and the cause was tried in said court. And if he decided a change of venue should not be granted he dismissed the application at the cost of the applicant.
In 1845 the Governor was authorized and empowered to appoint a law commissioner for St. Louis County, whose duty it was to take depositions.
But February 4, 1847, his powers were en- larged and said law commissioner had full power to act as a justice of the peace in all criminal cases and in prosecutions for mis- demeanors and breaches of the peace; and as such was authorized to take examina- tions, commit, admit to bail or discharge prisoners accused of crimes or misdemean- ors; and in all such proceedings he had the same powers, performed the same duties and was governed by the same laws as justices of the peace in similar cases.
By an act approved February II, 1847, his powers were further increased and he was given concurrent jurisdiction with the cir- cuit courts in all actions of detinue and re- plevin wherein the controversy did not exceed $150.
In 1851 (February 17) the law commis- sioner was made elective for a term of six years, and his court made a court of record, and was required to be in session daily, ex- cept Sunday, and was considered as always open. He was given jurisdiction to $150 in almost all kinds of civil cases and in all cases for any penalty given by statute not exceed- ing $150, and exclusive jurisdiction over all appeals in civil cases from justices of the peace, and cases could be appealed from him direct to the Supreme Court, as in criminal cases appealed from the criminal court.
By an act approved November 27, 1855, a court of record was established called the St. Louis Law Commissioner's Court, and a seal was ordered to be provided and six terms of court required, and in some cases concurrent jurisdiction with the circuit court and the court of common pleas was given.
March 26, 1861, an act was approved which
provided a salary of $2,500 for the law com- missioner, and all fees were ordered paid quarterly into the county treasury, except $1,200 for clerk hire .:
On December 19, 1865 (a new Constitution having been adopted), an act was approved which abolished the Law Commissioner's Court, Court of Common Pleas and St. Louis Law Court, and vested their jurisdiction in the circuit court, "as said court become con- stituted under the fifteenth section of the sixth article of the Constitution of this State."
March 15, 1866, the same Legislature cre- ated the St. Louis Court of Criminal Correc- tion, with exclusive powers to try all misdemeanors, except assault and battery and affray, which still continued to be cog- nizable by justices of the peace, concurrently with the Court of Criminal Correction. In cases of felony the judge exercised the powers of an examining magistrate.
No indictment "shall be found" for any misdemeanor, but such were to be prosecuted by information lodged by the prosecuting attorney of the court.
By the "scheme" the Criminal Court and the Court of Criminal Correction, with their officers, were continued over, and no mate- rial change occurred until 1895, when a law was passed increasing the criminal court to two divisions, and then providing that after January 1, 1897, both divisions should be- come circuit courts, and also providing for rotation in service among all the circuit judges in holding these courts.
In 1822 (December 9) St. Louis was incor- porated-that law allowing incorporation to take effect when accepted by the inhabitants.
The corporate power was vested in a mayor and nine aldermen. The aldermen were made ex officio conservators of the peace through- out the city, and within the same had all the power and jurisdiction then vested in justices of the peace in matters of a criminal nature, and were required to exercise and perform all powers and duties vested in them by ordinance.
The mayor also had the power of a justice of the peace.
February 26, 1835, an act continued the city of St. Louis as an incorporation, and Section 30 provided : "The mayor, aldermen and each justice of the peace within the city shall have jurisdiction of all cases arising un-
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der this act, and under all ordinances of the city, subject, however, to an appeal to the circuit court of St. Louis County, and every such appeal shall be granted and taken in the same manner as appeals are granted by and taken from justices of the peace to the circuit court under the general law of the State."
By an act approved February 8, 1843, all previous laws incorporating St. Louis, and acts amendatory thereof, were reduced to one act, and the same was amended in some re- spects.
Section 18 provided that a recorder should be elected at the same election as that of the mayor, hold office two years and have same jurisdiction as justices of the peace within St. Louis in all State cases, and also cases arising out of violation of the ordinances.
All cases were subject to appeal to the St. Louis criminal court. His fees were the same as a justice's of the peace, but they were all paid into the city treasury after making a semi-annual report, under oath, to the mayor and city council. His salary was $1,200.
By the scheme and charter which went into effect on October 22, 1876, provision was made for the appointment by the mayor of two police justices, the same to hold their office for a term of four years, and who should have jurisdiction over all cases arising under the charter and "of the violation of any "ordinance, or of any provisions of this char- "ter, subject to appeal, either by the city or "defendant, to the St. Louis Court of Crim- "inal Correction, in like manner as provided "by law for appeals from justices of the peace "in criminal cases to their appellate court, "and power to punish all contempts of court "by fine not exceeding one hundred dollars, "and by imprisonment not exceeding ten "days, and power to enforce all legal orders "and judgments, as a court of record may ; "and power to give final judgment against "the principal and surety on any forfeited "bond or recognizance returnable to this "court, subject to an appeal, as in other "cases.
"The police justices shall be conservators "of the peace throughout the city, and shall "exercise the powers and perform the duties "which may be prescribed by ordinance. The . "justices of the peace within the city shall "have concurrent jurisdiction with the police "justices in all cases under ordinances or
"charter, when the mayor shall direct prose- "cution before them."
The names of the judges of the criminal court from its creation to the time it was merged into the circuit court system, were as follows :
Jas. B. Bowlin, Wilson Primm, Alonzo W. Manning, Wm. C. Jones, James B. Town- send, Henry D. Laughlin, James B. Colt, Garrett S. Van Waggoner, James R. Lack- land, Jas. C. Normile, Henry A. Clover, Geo. A. Castleman, Henry L. Edmunds.
The names of the circuit attorneys during the same period were as follows :
John Bent, Chas. S. Mauro, Chas. S. Ran- nels, Seymour Voullaire, Wm. McPherson, Joseph Vastine, Myron Leslie, Chas. P. John- son, Geo. W. Olney, Jas. C. Normile, Na- thaniel Holmes, Lewis B. Beach, David M. Hall, Jos. R. Harris, James R. Lackland, Thos. B. Harvey, Henry A. Clover, Ashley C. Clover, Wm. Zachritz.
The names of the judges and prosecuting attorneys of the Court of Criminal Correction since its establishment to the present time are as follows :
Judges-C. D. Wolff, Wm. S. Stewart, Jno. W. Colvin, Chas. F. Cady, E. A. Noonan, R. A. Campbell, Jas. R. Claiborne, David Murphy, Willis H. Clark.
Prosecuting Attorneys-Josiah P. Colcord, M. W. Hogan, Samuel Erskine, J. R. Clai- borne, Bernard Dierkes, T. E. Mulvihill, H. A. Clover, Jr.
CHARLES P. JOHNSON.
Courts of Buchanan County .- After the Platte Purchase was ratified, in 1836, the territory now embraced in Buchanan County was attached to Clinton County, for civil and judicial purposes. The act organizing the county went into effect December 31, 1838. It was now made a part of the First Judicial District and the Fifth Judicial Circuit, of which Austin A. King was judge. The Gov- ernor appointed Samuel M. Gilmore sheriff, who was the first officer qualified. On the 16th of February, 1839, Judge King ap- pointed Edwin Toole clerk of the circuit court, who qualified before Judge King, March I, 1839. Peter B. Fulkerson and Armstrong McClintock, of Clinton County, and Leonard Brassfield, of Clay County, were appointed commissioners to locate the seat of justice. They selected the southeast
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COURTS OF BUCHANAN COUNTY.
one-quarter of Section 21, Township 56, Range 35, and made their report at the Au- gust term, 1840. They named the site Ben- ton, but the county court changed it to Sparta. Edwin Toole acted as recorder. The Governor of Missouri commissioned Samuel Johnson, William Hattington and William Curl as county court judges, and ap- pointed Samuel Gilmore sheriff. The first two judges named met at the house of Rich- ard Hill on the first Monday of April, 1839, and organized as a court, Samuel Johnson being made president. The court appointed William Fowler clerk. Their first act was to license Edward Dodge to vend groceries within the county. The court then proceeded to divide the county into townships, thus combining the county system of Virginia with the township system of Massachusetts. The polling places in each township were fixed and judges of election were appointed. They then ordered an election to be held for two justices of the peace and one constable in each township, and also for a judge of the county court. They appointed Wm. W. Rey- nolds county assessor. The second term of the county court was held at Blacksnake Hills-
now St. Joseph-at the house of Joseph Robidoux, where surveys of a number of roads were ordered to be made. There were
no bridges across the streams, and hence the court licensed certain persons as ferrymen,
Jules C. Robidoux being authorized to main- tain a ferry across the Missouri at Black-
snake Hills, at Robidoux's Landing. His license fee was fixed at $8, the rates of ferri- age being as follows: For a four-horse vehicle, $1.50; for a two-horse vehicle, $1; for a one-horse vehicle, 50 cents; for a man and horse, 25 cents ; for a footman or led ani- mal, 12 1-2 cents; for cattle, 10 cents each ; and for hogs or sheep, 3 cents each. At the December term, John Ellington was licensed
to keep a ferry across the Nodaway River, his license costing $5 a year, and his rates of ferriage being less than those of Robidoux. The first records, though soiled by time, are still in existence. Peter H. Burnett, after- ward Governor of California, was the first prosecuting attorney. At an election held in August, 1840, Peter H. Burnett was elected circuit clerk for six years, and Samuel M. Gilmore sheriff for two years. Mortgages, deeds, wills and marriages were put on rec- ord. The first marriage took place January
17, 1839, forty-one marriages being recorded that year. On January 4, 1841, Stephen Jones, presiding judge, ordered a courthouse to be built at Sparta. George W. Nixon and William Fowler received ten dollars for the plan, and Guilford Moultray was the con- tractor. The courthouse was also used as a church on Sunday and a school room on other days. The first grand jury consisted of Reuben R. Reynolds, John Henry, William Bledsoe, Elijah Martin, Abel Evans, George S. Nelson, Ezekiel W. Smith, Job McNa- mara, Daniel Ferrell, Hugh Copeland, Hiram Rodgers, Jesse R. Barnett, Ezra Rose, Lloyd Beall, Hugh Glen, John Martin and James Curl. The first bills of indictment were against persons for gambling and for selling goods without licenses. The expense of this jury was $56.70. In July, 1841, the circuit judge, David R. Atchison, tried the first di- vorce case, in which a wife was divorced from her husband on account of cruel treat- ment. A new courthouse and jail were or- dered to be built at Sparta, but before such project could be accomplished, the removal of the county seat to St. Joseph was agitated, three-fifths of the taxable inhabitants of the county petitioning for its removal. Winslow Turner, James Hull and James Kuykendall were appointed commissioners to consider the subject of removal. They reported in favor of removing the county seat to a des- ignated place in the southwest quarter, Section 8, Township 57, Range 35, on the Missouri River, at Blacksnake Hills. On petition, the State Legislature passed an act in March, 1845, to authorize the removal. In May following the commissioners ap- pointed to remove the site chose Block 48 of St. Joseph, which Joseph Robidoux donated for the purpose. The county compensated the persons who had purchased lots at Sparta, paying a total of $2,185. The amount of the sale of the lots donated at St. Joseph was $556 in excess of this amount. At an election held February 28, 1846, the question of removal to St. Joseph was finally settled, and a courthouse costing $6,000 was built at that point. This building met all judicial and civil needs until 1871, when the courts and offices were temporarily removed to rented buildings on Fifth Street, near Felix. The present structure was erected in 1876 at a cost of $173.000. Its plan is a Greek cross, with a frontage on Jule Street of 235
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feet, and a depth of 205 feet. The frontage on Fourth and Fifth Streets is 235 feet. The height of the first story is 18 feet, and the second story 25 feet. The county jail is on Fifth Street, near the northwest corner of the courthouse. The building was completed in 1876, but is out of date and should be re- built. In 1851 the probate court was sepa- rated from the county court. The first probate judge was Joseph J. Wyatt, who was suc- ceeded in 1859 by Henry S. Tutt, who served until 1865, when, for ten years, the county court became the probate court. In 1875 the court was restored, and Henry S. Tutt served again as probate judge until 1890. John M. Stewart then became probate judge for four years, when he was succeeded by James P. Thomas, the present incumbent. The pro- bate judge is elected for four years, and re- ceives fees. The circuit judges are elected for six years, at an annual salary of $6,000. The circuit consists of Buchanan County alone, and there are two divisions of the cir- cuit court, Division No. I and Division No. 2. The presiding judge of the county court is elected for four years. The county and city are divided into two districts, over which judges are elected for two years. The Sec- ond District is composed of the First, Sec- ond, Third, Fourth and Fifth Wards of the city of St. Joseph, and the First District is composed of the Sixth, Seventh and Eighth Wards of the city, and all of the county. Each township has two justices of the peace, elected for four years, who are paid by fees. The judges of the county court receive a per diem of five dollars. A court of common pleas was created in 1853 to relieve the cir- cuit judges, with whom it had concurrent jurisdiction except in criminal cases. This court was abolished in 1873. The judges of this court were William C. Toole, 1853-1855; Washington Jones, 1855-1856; Joseph J. Wyatt, 1856-1866; E. J. Montague, 1866- 1870; and William C. Toole, 1870-1873. Up to 1851 the peace of the city was con- served by the justices of the peace and the constable. During the California period, the constable had a force of deputies and was as- sisted by the sheriff. In 1858 the police de- partment was created, and the marshal was given a deputy and six men. In 1887 the metropolitan system was adopted. The Gov- ornor appointed three commissioners to manage the police department. William B.
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