USA > Missouri > Encyclopedia of the history of Missouri, a compendium of history and biography for ready reference, Vol. II > Part 31
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Tullar was the first chief of police, but was succeeded in 1888 by John Broder, the pres- ent incumbent. The first organization in 1887 consisted of a chief, a captain, two ser- geants, two turnkeys, two drivers and thirty- two patrolmen. At present there are ten more patrolmen, with four detectives, one humane officer, three signal service opera- tors, one matron and one engineer. In 1891 a telephone signal service was introduced. There are thirty-seven stations and an inde- pendent telephone exchange, with a switch board and three operators at the Central Po- lice Station. Bernard Patton, John Dono- van, Jr., and Thomas P. Maupin were the first police commissioners. The police court is the tribunal to which offenders against the city ordinances are brought. In 1851 the mayor was the police judge. In 1855 the office of recorder was introduced, which con- tinues to the present time, Colonel John Doniphan being the present incumbent.
O. M. SPENCER.
Courts of Jackson County .- By act of the General Assembly, dated December 31, 1813, the eastern part of Jackson County was included in St. Louis County. (See "Courts and Laws of Missouri, First Estab- lished.") January 16, 1816, it was included in Howard County. December 17, 1818, after Range 29 was surveyed, it was included in Cooper County, and November 16, 1820, in Lillard, now Lafayette County. The act organizing Jackson County for judicial pur- poses was passed December 15, 1826, and its southern boundary was established by the act organizing Van Buren, now Cass County, March 3, 1835. The act organizing the county made it a part of the First Judicial District, and created a county court and a probate court. In the act itself three com- missioners, David Ward and Julius Emmons, of the County of Lafayette, and John Bartle- son, of the County of Clay, were appointed for the purpose of selecting the seat of jus- tice.
The Governor appointed Joseph R. Walker sheriff, who was the chief executive officer of the county, representing the chief magistrate of the State. He summoned, ac- cording to law, a grand jury to meet at the house of John Young, on March 29, 1827, for the first sitting of the court. David Todd, judge of the First Judicial District, presided,
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COURTS OF JACKSON COUNTY.
and spread his commission on the records of the court. Samuel C. Owens was appointed clerk pro tem. In the absence of the Attor- ney General, John Willson was appointed to prosecute for the State. The grand jury, "after being sworn and charged by the court, retired to consider of their presentments," but returned no indictments. The court ad- journed. The commissioners appointed to select land for the seat of justice designated the southwest quarter of Section 2, Town- ship 49, Range 32. The circuit court ap- proved their report and ordered its certifica- tion to the county court, and to the receiver of the United States Land Office.
Peyton R. Hayden, Abiel Leonard, John B. Ryland, John Willson, Amos Rees and Robinson Beauchamp were enrolled as at- torneys at the court's first sitting. There is no record of the second session of the court held in July, but at the third term, held No- vember 13, 1827, Samuel C. Owens was qual- ified as clerk, and Robert W. Wells, then Attorney General, and James H. Birch, were enrolled as attorneys. The following entry appears :
"On motion, it is ordered that Samuel C. Owens be permitted to keep the circuit clerk's office at his place of residence, the same not exceeding one-half mile from this place."
At the March term, 1827, one Reed was charged with larceny, and, "being brought into court in the custody of the sheriff, and it being demanded of him how he would acquit himself, says he is not guilty, and for trial puts himself upon the country, and the regular attorney who prosecutes for the State' does the same"; whereupon, the court appointed for him as counsel Amos Rees and John T. Ryland. The prisoner obtained a continuance to the next term, at which time the State entered a nolle prosequi. One of the witnesses in this case, George Nelson, Sr., was allowed, for six miles' travel and one day's attendance, eight cents, and the court ordered that a certificate be issued to the county court for that amount.
At the November term, 1828, William Sil- vers and William Yates were indicted for misdemeanor in office, but were subsequently acquitted. Robert Fowler was indicted for assault and battery, pleaded guilty and was fined six dollars and costs.
At the March term, 1829, Hannah, a slave,
was tried for assault with intent to murder. She was convicted, and the judgment was as follows :
·
"It is considered by the court that the said Hannah receive on her bare back thirty-nine lashes, well laid on; and it is ordered that the sheriff cause immediate execution of this order to be done, and that she stand com- mitted to the custody of the sheriff until costs are paid, and the sheriff being present here in court, takes charge of her accord- ingly."
At this same term appears the following entry :
"Indenture of bargain and sale made by James H. McGee, of Jackson County, Mis- souri, to Jolin B. McGee, of the County of Spencer and State of Kentucky, for land lying and being in the County of Nelson and State of Kentucky, on the waters of the Fro- man Creek, was this day signed and acknowl- edged in open court by the said James F. McGee. Whereupon, it is ordered by the court that the same be certified to the County of Nelson, State of Kentucky, afore- said, for record, which is done accordingly."
At the August term, 1828, the grand jury returned several indictments for assault, as- sault and battery, and affray and assault with intent to murder. It also returned two in- dictments against parties selling liquor to Indians, and two for giving liquor to Indians. The bonds required of the parties who were arrested were usually light and rarely ex- ceeded $100. The fines that were imposed were also light. James Allen was indicted for assault and battery, tried by a jury, found guilty and fined three dollars and costs. One Joseph O'Connor was indicted for selling liquor to the Indians and brought to trial. The jury retired to consider of their verdict, but there was a mistrial on the fol- lowing grounds: "One of the aforesaid jurors being intoxicated, and thereby inca- pable of discharging duties of juror, to wit, William Barnes, he was withdrawn, and the said jury by the court discharged from ren- dering a verdict herein. Whereupon, it was ordered that William Barnes, the juror aforesaid, for his contempt of court by being intoxicated while acting as juror aforesaid, be condemned to jail of the County of Jack- son until he is discharged by the court." On the same day, however, Barnes was dis- charged from imprisonment for contempt as
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juror, but it was ordered "that he pay for his contempt, as aforesaid, to the State of Mis- souri, for the use of Jackson County, the sum of three dollars; and it was further or- dered that he was disqualified from serving as a juror for twelve months in this State." O'Connor was afterward discharged on this offense and indicted for assault and battery.
At the December term, 1830, several in- dictments were returned, one for murder, several for assault and battery, one for sell- ing liquor to the Indians, and one for "Sab- bath-breaking." Two Indians, Napolite and Pawhobby, were indicted for horse-stealing, found guilty, and their punishment was as- sessed at twenty stripes each, but this kind of a judgment not being authorized by the law, they were subsequently discharged. Among the accounts allowed at this time was that of Samuel Bright for 180 miles' travel and two days' attendance as a witness in a murder case, for which he was allowed ten dollars.
At the June term, 1832, the following en- try appears :
"The court ordered that the clerk of this court procure a seal for use thereby, with such emblems and armorial bearings thereon as he may deem proper."
At this term several indictments were found by the grand jury for gaming, betting at cards, and the keeping of disorderly houses. James Shepherd, who was indicted for betting at cards, was tried, found guilty and fined at the October term, 1832, in the sum of five dollars; and it was further or- dercd that "he forfeit to the State one dollar so confessed to have been by him bet." Wil- liam McCarty, who was found guilty of a similar offense, was fined five dollars for bet- ting, and twenty-five cents, the amount of money that he had bet. One Farmer, who was indicted for assault and battery with in- tent to kill, was put under bond for $200.
The civil business of this court for several years amounted to little.
In 1831 Jackson County was attached to the Fifth Judicial Circuit, and John F. Ry- land became judge, and continued in office from January 1, 1831, to December 31, 1848. He afterward became one of the judges of the Supreme Court. He was a man of more than ordinary attainments. In June, 1831, Amos Rees became circuit attorney.
In 1848 the Fifth Circuit was changed to
the Sixth, and Henderson Young became circuit judge, and was succeeded in Septem- ber, 1854, by William T. Wood, who held the office two years. He was succeeded by Rus- sell Hicks, September 19, 1856, who was a man of great ability and learning. He was never married. He was a great student of Shakespeare and the highest class of Eng- lish literature, as well as the law. Before his court would convene at a particular county seat he would usually go there a week or so before the opening of the court, and obtain from the clerk information as to the cases which would probably be tried at the ap- proaching term. He would take the plead- ings of such cases and retire to some place where he would be absolutely free from in- terruption. There he would study the plead- ings. If it was in the summer time, he would retire to some woods and remain under the trees the day long. A curious circumstance brought about his resignation. When he was holding court at Harrisonville, in Cass County, a negro, under arrest, was taken out by a mob and hanged. This Judge Hicks conceived to be such an act of lawlessness, and such a reflection upon the administration of law, that he refused further to act as judge. He was succeeded, October 13, 1859, by Robert G. Smart. John A. S. Tutt be- came the next circuit judge, February 13, 1862, and held his first court March 26, 1863, at Independence. He was succeeded by Charles P. Townsley, of Sedalia, who be- came circuit judge in 1869, and who was suc- ceeded by Samuel L. Sawyer, March 22, 1871. After this date the circuit court was held both at Kansas City and Independence.
The first meeting of the county court was also held at the house of John Young, on the first day of March, 1827, according to an act of the Legislature, approved January 22, 1827. The first judges were Abraham Mc- Clellan, Richard Fristoe and Henry Burris.
The commissioners appointed by the act to select a suitable location for the seat of justice made their report to this court March 29, 1827, showing that they had selected the land heretofore mentioned. The court or- dered the location to be certified to the regis- trar and receiver of the Western Land Dis- trict as property taken to the use of Jackson County for the "purposes aforesaid, agreeable to act of Congress." The commissioners who were appointed to select the grounds for the
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COURTS OF JACKSON COUNTY.
county seat presented their bill to the county court ; two of them charged for eight days' service, two dollars each, and three for four days' service, at two dollars per day, and four ferriages, at twenty-five cents each. These accounts were ordered to be paid out of the first proceeds arising from the sale of lots belonging to the land selected. The com- missioners were ordered to plat the ground selected. Lot 143, containing two and one- half acres, was reserved for the purposes of a public spring. This land still belongs to the county, and the spring on it for a long time furnished the drinking water for the early inhabitants of Independence. It is now used for the same purpose by quite a num- ber of families in the same neighborhood.
The sale of lots not used for county pur- poses was ordered to be made on the follow- ing terms: "All lots less in size than one acre not to be sold for less than ten dollars ; all lots containing one or more acres not to be sold for less price than ten dollars per acre." At a later term it was discovered that the terms prescribed for the sale of the prop- erty were too high, and they were modified so that the county should get five dollars per lot or per acre instead of ten dollars. A sale was made of eighty-five of the lots, for which the county received $374.57 in cash, and $1,122.77 in notes.
At the September term the county court authorized the construction of a ferry across the Missouri River, and at the same time fixed the following rates of ferriage :
"For loaded wagon, with five horses $1.50 For . empty wagon, with five horses . 1.00
For light wagon or Dearborn. ... .75
Two-wheeler carriage .50
For man and horse .25
For every head of neat cattle ... .12 I-2 For each hog, sheep or goat ... .12 I-2
For each footman .IO
For each 100 lbs. of lumber not belonging to wagon .12 I-2"
The first public road through Independ- ence to the western boundary of the State was applied for and granted at the Septem- ber term, 1827. The order granting it is as follows :
"Pursuant to an order of the County Court for the County of Jackson, at their August
term, 1827, appointing Richard B. Chiles, John Young, John Whistman, Robert John- son and James Welch commissioners to view and mark out a way for a road the near- est and best way from the county seat of this county to the boundary line of this State, so as to intersect a road leading from the new garrison. The undersigned commissioners, after being sworn according to law, report to said court that they have executed the same, beginning at the public square of the county seat aforesaid, thence by way of Lexington Street to the western boundary of said town; thence with a marked line crossing the Hur- ricane at Adam Christison's; thence in a straight line to the present ford on Rock Creek; thence with the old road, with little variation, by Alexander Aikman's, to the lower ford on Big Blue; thence with said road, by Masters, the old man Baines, and with and under the Ridge Road as far as the Sixteenth Section; thence a west course, as marked out on the divide between Fowler's Branch and Brush Creek, to the road from Robert Johnson's house to his mill; thence north of west, leaving said mill on the north on a marked line to the boundary line, cross- ing Turkey Creek one-quarter of a mile southeast of said line, where there can be, by some digging, a tolerable crossing, the only material obstruction, excepting the east bank of the Big Blue, on the whole route of said road, which we suppose is not exceeding eleven miles."
At the September term, 1827, a courthouse was ordered "to be erected on the northwest corner of Lot No. 59, in the town of Inde- pendence, a hewed log house 36 feet in the clear in length, by 18 in the clear in width, with a partition of hewed logs so as to leave the large room 22 feet by 18, and the small 18 by 14. One good story high, say nine feet between the joists and the floor; roof to be of rafters and three-foot boards, with a brick chimney, built so as to have a fireplace in cach room with a rock foundation, with good puncheon floors below, and a loft cov- ered with plank and a sufficient number of hewed joists to each room ; the foundation of the house to be laid on stone pillars, witlı a sufficient number of doors and windows, say one door in the large room and one through the partition, cracks chincked with seasoned short chinking and pointed inside and out- side with lime mortar, with two twelve-light
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COURTS OF JACKSON COUNTY.
windows in the large room and one in the small room, the door shutters to be what is commonly called batten doors, of walnut plank, well seasoned, planed and neatly and strongly made, the door casing and window casing all to be of well seasoned walnut plank, and window shutters to each window. And the superintendent is authorized to sup- ply any deficiency in the plan so as to make the building complete and fit for use, and make any alteration which may tend to cheapen the expense to the county."
The superintendent of buildings reported seven bids for the construction of the court- house planned as above, the highest bid be- ing $190 and the lowest $150. Later on plans for a permanent courthouse and jail were submitted by the superintendent. The estimated cost of courthouse, to be of brick, two stories high, forty feet in length and thirty feet in width, was $1,500, and for a two-story jail building, twenty feet square, $400. The actual bid which was accepted for the building of the permanent courthouse later on was $1,456.97 I-2, and for the jail, $388. The permanent courthouse was re- modeled or rebuilt early in the seventies at a cost of something over $40,000, and an addition was erected to it in 1882. The jail that was ordered to be built had two stories, the upper one for debtors, and the lower one for criminals.
Henry Burrows was the first president of the county court, and Lilburn W. Boggs, subsequently elected Governor, was clerk pro tem. Jackson County was divided into three townships, namely: Fort Osage, Blue and Kaw Townships. Commissioners were also appointed by this court to lay out sev- eral roads. The establishment of courts in Kansas City, Federal, State and circuit, has necessitated the building of courthouses and jails. The court buildings, Federal, State and municipal, have cost a great deal of money, and, architecturally, are very attrac- tive structures. They are worthy of any county at any time.
The present judges of the county court are George Lee Chrisman, presiding judge, and Samuel W. Luttrell and Edward R. Hunter. The county offices are in both Kansas City and Independence. Jackson County in- creased rapidly in population, and both Kansas City and Independence became com-
mercial and outfitting points for the West and Southwest of considerable importance.
On February 13, 1855, an act was passed establishing a probate and common pleas court in Jackson County. It had exclusive jurisdiction of all matters pertaining to the administration of the estates of deceased per- sons, the estates of minors, the appointment of guardians and curators, and concurrent jurisdiction with the justice of the peace and circuit court upon all actions on notes or ac- counts for the recovery of money, where the amount claimed exceeded fifty dollars, and did not exceed one thousand dollars. It also had control of all appeals taken from justices of the peace in the county. The judge of this court received five hundred dollars for his salary, one-half of which was paid out of the State Treasury, and the other half out of the county. The sheriff acted as the marshal of the court.
On November 20, 1855, the Kansas City Court of Common Pleas was established for Kansas City. Its jurisdiction extended over Kaw Township, and it had the same original, concurrent and appellate jurisdiction of civil cases within said township as the circuit and probate courts within and for the county. It was provided that the judge should receive a salary of $500, one-half to be paid out of the State Treasury, and the residue by a spe- cial ad valorem tax, to be collected from the taxable property of Kaw Township. He was also entitled to receive fees not exceeding $500 at the rate of one dollar on each final judgment rendered in his court. All fees in excess of the $500 went to the common school fund of the township. A marshal was created for this court to execute the pro- cesses of the court. The first sitting of the Kansas City Court of Common Pleas was in a small building in the public square. Its first judge was W. A. Strong. He was succeeded by Lot Coffman. James K. Sheley became its judge in 1859. From 1862 to 1865 courts were but infrequently held for the transac- tion of civil business. They were suspended by act of the Legislature during much of this period. In 1863, Jacob S. Boreman became judge, and held that position until 1867. A few years later he was made one of the Ter- ritorial judges of Utah. J. W. Jenkins suc- ceeded Boreman, and remained judge of that court until it was abolished in 1871.
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COURTS OF JACKSON COUNTY.
Judge Jenkins still lives in Kansas City, and enjoys the respect and good will of the entire community. He is a man of very high in- tegrity. By an act of the legislature of March 2, 1859, the office of the judge of this court was declared vacant, and the judge of the Probate and Common Pleas Court of Jack- son County was required to preside, and the salary was increased to $1,500 per annum, after including the amount of fees he was au- thorized to receive.
On March 14, 1871, the Court of Common Pleas of Kansas City was abolished, and in February, 1871, the Probate and Common Pleas Court of Jackson County was also abolished, and in place thereof there was erected a criminal court, which took charge of all the criminal business then pending in the county and thereafter brought; also a probate court, which took charge of all the probate business of the county, and a circuit court was established, the territorial limits of which were composed of Jackson County alone, and which transacted only civil busi- ness. The criminal judge was ex-officio judge of the probate court. He received a salary, as judge of the two courts, of $2,500 a year. R. C. Ewing became its first judge. He was succeeded by Henry P. White, who continued in office until 1892, when he died. He was succeeded by John W. Wofford, the present incumbent. In the meantime the criminal business was separated from the probate business, and J. E. Guinotte became the probate judge. He has held that posi- tion for many years.
Samuel Locke Sawyer, of Independence, became the first circuit judge. He was born in New Hampshire ; was a graduate of Dart- mouth College, and had resided in Missouri from the time that he left college. He was one of the most eminent lawyers in western Missouri. He was one of the ablest and most conscientious judges that ever sat on the bench, and no man in his position ever com- manded the respect, confidence and admira- tion of the bar and the public to a greater degree than he. After remaining on the bench about six years he resigned, and Sam- uel H. Woodson, also of Independence, a man of very high character, took his place. Judge Woodson was a most amiable and con- scientious man and was greatly respected. He died in 1881, and was succeeded by Tur- ner A. Gill, of Kansas City. Judge Gill re-
mained on the circuit bench until he became judge of the Kansas City Court of Appeals. He was much devoted to the duties of his place and filled it most capably and accept- ably.
On February 18, 1873, a court of law and equity was established in Jackson County. It held two terms annually at Kansas City, and two terms at Independence. Its judge during its entire existence was Robert E. Cowen, who came to Kansas City from Vir- ginia at the close of the Civil War. He held the position of judge until the court ceased to exist, December 31, 1880. Judge Cowen afterward removed to St. Louis, and there died. When the law and equity court was abolished, litigation had so increased that it became necessary to have another circuit judge, and a law giving the county another one was passed. Francis M. Black was elected. Judge Black came from Ohio to Kansas City when a young man, and before taking the position on the bench had become one of the foremost leaders of the Kansas City bar. As circuit judge he was the strongest and most capable man that ever sat on the bench in Kansas City. He re- mained on the bench until 1885, when he be- came a member of the Supreme Court, and as a member of that tribunal for ten years he established for himself a reputation as one of the greatest judges that Missouri has ever produced. J. W. Dunlap, a young man who came to Kansas City from Virginia after the Civil War, was appointed to Judge Black's place in 1885, but before taking his place or performing any official duties he accidentally shot himself, and James H. Slover, a native of Pennsylvania, who is still on the bench, became his successor. Judge Slover has been a most industrious and faithful judge, and possesses in a very high degree the re- spect and confidence of the bar.
In 1889 the number of the circuit judges for Jackson County was increased to four, and James Gibson and John W. Henry were added to the court. Judge Gibson was born in Cooper County, Missouri, and came to Kansas City a young man, and practiced successfully at the bar, and has filled, and continues to fill, very satisfactorily, his posi- tion. Judge Henry was born in Kentucky, and is one of the oldest, ablest, best known and most loved of our judges. He was for- merly circuit judge in northern Missouri,
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