General history of Macon County, Missouri, Part 4

Author: White, Edgar comp; Taylor, Henry, & company, pub
Publication date: 1910
Publisher: Chicago, H. Taylor & company
Number of Pages: 1106

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"What a time there was! The girls in bright homespun garments, rosy-cheeked and bright-cyed, flitting around in obedience to this or that order of the father and the mother, stealing a second or two now and then to exchange a whispered conversation with some stalwart young pioncer rioter as they passed backward and forward to execute the commissions; everything was laughter and light and happiness. I've been there; I was one of those self-same boys; the God of the lonely frontiersman was over us as well as above the habitations of the kings on those memorable Christmas eves. And we wouldn't have swapped places.

"But the crowd must hurry on, else someone-many miles further through the forest-will be badly disappointed, for you could hardly tender a greater slight to these early settlers than to fail to visit them at Christmastide.

"After many hand-shakings, and possibly a sly kiss or two on the quiet. the gay crowd moved off amid the blare of horns and the popping of flintlocks. Nobody got tired; the best of humor prevailed and the wild escapade continued through the livelong night, when the round-up began. The cavaliers turned homeward, their ammunition gone, their horns flapping silently in their straps and their voices too hoarse to create a disturbance.

"Sometimes twenty or thirty miles would be covered in a night and as many as a dozen houses visited. It is an excellent testimonial to the carrying capacity of the pioneer youth to say that he rarely suffered any physical discomfort from his frequent appearances at the varions

HISTORY OF MACON COUNTY

banquet boards. He never said 'No' to anything put before him. Indeed, it was considered as a direct aspersion on the hostess' ability as a cook to 'pass up' anything tendered. No greater disrespect could be shown. The visitor had to eat, or live afterwards under the sus- picion that there was some feeling between him and the family visited.

"I'm glad I lived in those old days," said the white-haired old gentleman, and his eyes flashed with the recollection; "glad that I've felt in me the tingle of hot young blood as I faced the winter's chilling blasts, and laughed at them. It seems ages ago, but memory is keen as I live the wild scenes over again, and hear the sound of horn, the deep bay of the hounds and the joyful shouts of the young riders. I haven't run across anything down to this year of our Lord that can surpass it."

The Defarges and their fellow-patriots of Saint Antoine had no odder weapons than did a party of young Christmas rough riders, who set out one snowy night across the moors about the Chariton river, on their way to the hospitable cabin home of Settler Moore, just across the divide. There were fowling-pieces of the revolutionary era and disposition, blunderbusses, double-barreled pistols into which you could almost load a walnut, horns galore and a bass-drum. When all these things were popping off at the same time the Almighty's provision for hearing was entirely inadequate. Along the route to Moore's lived "Unele" Phil Everhardt and his good wife .. No harm was intended them, but it seems "Uncle Phil," who was a very devout gentleman, had been reading where "in the last days" there would be mighty sounds in the heavens and queer doings on earth. So when he heard that awful eruption of horns and things across the snow-decked bot- toms he made up his mind that the sign had been given. No need to awake the wife and children.

"It's Gabriel's horn!" cried "Uncle Phil." "The judgment day is coming."

Nearer and nearer came the horsemen and louder and louder was the roar.

"Come on, folks, I'm going!"

Thus shouted "Uncle Phil" to his family, as he darted out the door, half dressed, and in his bare feet. He never stopped until he reached the home of his father-in-law, where his little family assembled about him, and the doors were safely barred against "Gabriel and his angels."

At one place, a log house in the heart of the present coal region of Macon county, the pioneer curtly refused to welcome the Christmas

HISTORY OF MACON COUNTY

party ; said he wouldn't have anything to do with snell "foolishness" and bade them go home and to bed.

There was a solemn council about the camp fire and it was decided that a man of that kind should be taught a lesson. So they built a pen of heavy rails around the door of his cabin, making it higher than the roof. and rolled big logs against it to hold the rails in place. Then they laid boughs and rocks across the old chimney so it would do all its smoking inside. When all things were thus snug they marched around the pioneer's habitation, entertaining him with enough racket to bring rain in a time of drought. It was worse than being besieged by the Indians. Finally the victim conld stand it no longer, and he run up the white flag. The besieging party showed the absence of malice by eating and drinking everything there was in the cabin citadel, and on Christmas morning the settler had to go out and shoot some game before his wife had anything to cook for breakfast. It was a little rough, but it made him a member in good standing of the "Pioneer Santa Claus Association."

CHAPTER IV.

EARLY COURTS AND RECORDS-FIRST INDICTMENT FOR MURDER-SOME QUAINT COURT ORDERS-NEGRO SENTENCED TO TERRIBLE PUNISII- MENT-THE MORMON TRIAL AT MOCCASINVILLE-ACT OF LEGISLATURE REPEALED BY COUNTY COURT-LAST REPLEVY OF A SLAVE IN MISSOURI.

In the developing stages of a new country the authorities were largely guided by individual judgment rather than precedent. They did not receive every morning a newspaper telling how other tribunals had done things, or how communities elsewhere had settled certain exi- gencies. They had to think and act for themselves. Sometimes their work seemed queer, or even harsh, but equal and exact justice was the stern aim of the pioneer, and, according to his lights, that was the law of the frontier community.

Small, worn and yellow are the queer old volumes in which Macon county's early history was recorded, but the draftsman did his work with a conscientious exactitude excelling many of the modern writers of county archives. During the youth of the nineteenth century penman- ship was not a general accomplishment. Many of the ancestors of families now prominent and highly cultured signed with their mark. While the writing of the early seriveners was not beautiful, nor always easily deciphered by laymen, yet it fully met the requirements of the law, and many times, through excess of caution, went even beyond it. The pioneer official took his position seriously. The fact that he held court "in a grove" or "on a rail fence," as they sometimes say, did not at all detract from the solemnity of the work in hand. If a sheriff or a witness were absent the derelict was promptly fined. The records for the first two or three years of the Circuit Court contained many such entries, and there are hardly any instances where the fines were remitted. The sheriff had to be on hand when wanted and so did every- body else in anyway connected with the court.

The Macon County Court was organized and met at the residence of Joseph Owenby on Monday, May 1, 1837. There were present on that occasion Jolin S. Morrow, Joseph Owenby and James Cochran, justices ; Daniel C. Hubbard, clerk, and Jefferson Morrow, sheriff. The sheriff made a proclamation. formally opening the court. The first order

HISTORY OF MAACON COUNTY

directed the laying off of Maeon county into townships, providing a place of election at some pioneer's home in each township. In Middle Fork township the place of voting was at the residence of Thomas Gee, and the time the first Saturday in June, when the people would vote for three justices of the peace of that township. James P. Holly, Thomas Gee and John Coalter were appointed judges of the election.

A tax of 50 per cent on the amount of state tax was imposed on all licenses made taxable by law for state purposes for the year 1837.

At that first session of the country court William H. Rowland made application for a license to keep a grocery at his "stand in Maeon county"; was granted upon his paying a state tax of $10, the county tax, "and beer allowed by law."

George W. Green was appointed treasurer of the county. He gave a bond of $5,000, with Willis E. Green and Andrew Millsaps as securities.

Jefferson Morrow, the sheriff, gave a bond of $1,000 for his faithful performance of his duties as sheriff and as ex-officio collector. His sureties were Johnson Summers, John S. Morrow, and Joseph J. Morrow.

This is the first order for a publie road: "On motion of the peti- tioners, ordered by the court, that Aaron Gee, Robert Vanskike, George Reynolds, Joseph P. Holly and James Rowland, or any three of them, after being duly sworn, to proceed to view and mark out a way for a road, commeneing at Jones' mill on the Middle Fork of Salt River, by Centerville, and thenee to Frederick Rowland's, passing on the south of said Rowland's; thence by Daniel Crawley's, and to interseet the Bee road in the Grand Prairie, the nearest and best way, and as little as may be to the prejudice or injury of the several proprietors of land on said road as may be, and that they report to the court their proceed- ings at the next term, according to law."

The Bee road ran along the divide, through the heart of where the city of Maeon is now. It was a landmark for the pioneer. It was up and down this road he would travel, following the bee trace in search of honey.

James Ratliff was appointed commissioner of the seat of justice of Macon county.

It was ordered that all eleetions in Chariton township be held in the house of Abraham Morris, the first election to be held the first Sat- urday in June to eleet two justices of the peace for that township. Johnson Summers, Clayborn Wright and Richard Summers were appointed judges of the election.

HISTORY OF MACON COUNTY

In Liberty township it was ordered that "all elections be held at the seat of justice in said township."

It was directed by the court that an election be held the first Satur- day in June to eleet three justices of the peace of that township. Will- iam Sears, Jesse Gilstrap and Canaday Owenby were appointed judges of the election.

The court ordered that elections in Jackson township be held at the house of Nathan Richardson on the first Saturday of June next for the purpose of eleeting one justice of the peace. Nathan Richardson, Elvan Allen and John Walker were appointed judges.

The election in Independence township was held at the house of Bird Posey; one justice was elected. Abraham Dale, Charles Hatfield and Fisher Rice were appointed judges.

In the township of Pettis, the election was held in the house of Horton Partin. One justice was elected, Martin Partin, Robert Miller and Isaac Hargis were the judges. (Pettis township was afterwards added to Adair county.)

The judges for Gocean township were Samuel Eason, John Lesley and James Cochran. One justice was elected. (Gocean township was afterwards annexed to Adair county.)

The above entries of the first meeting of the county court were recorded "May 15 day, 1837," and signed by Daniel C. Hubbard as clerk.

The next term of Macon County Court was held July 3, at the residence of D. C. Garth, which was officially made the place for holding courts. There were present Justices John S. Morrow, James O. Coch- ran, and Joseph Owenby; Daniel C. Hubbard, the clerk, and Jefferson Morrow, sheriff. The first order directed the dividing of Middle Fork township for the purpose of forming another township, to be known as Narrows. It was ordered that all elections in Narrows township be held at the house of Simeon Cannon, and that there be an election held on the first Monday in August next for the purpose of electing one justice of the peace of that township. Frederick Rowland, John Morrows and Lloyd Coalter were appointed the judges.

It was ordered that William J. Morrow, Joseph J. Morrow and Richard Summers, or any two of them, after being duly sworn, shall mark and lay out a way from the county seat to interseet the county line dividing Macon and Randolph counties, the nearest and best way so as not to be too much to the prejudice of the people living on said route. The commissioners were ordered to report at the county seat the third Monday in July. Election judges in the township were appointed as

HISTORY OF MACON COUNTY

follows: Chariton-Abraham Morris, John Summers and Ninevalı Summers; Liberty-William Garrett, Tyre Dabney and James Hollo- way; Jackson-John McNeeley, Felix Baker and Elvan Allen; Inde- pendence-William Smith, James Riley and Thomas Williams ; Pettis- Hardin Hargis, Elisha Chambers and Robert Miller; Gocean-Samuel G. Eason, John Lesley and James Davis.

Recorded July 24 day, 1837. The order was signed by Joseph Owenby, Justice of the County Court, and Daniel C. Hubbard, County Clerk.

The Circuit Court was organized August 17, 1837. It is interesting to note that at that distant period the number of the judicial district is the same as it is now, the second, though in the interim it had been changed from the second to the eleventh and afterwards to the twenty- seventh.

The Honorable Thomas Reynolds was judge of the first Circuit Court ever held in Macon county. He was appointed by Governor Lilburn W. Boggs, on the 27th day of January, 1837. Jndge Reynolds took the oath of office before William Taylor, a justice of the peace of Howard county on "seventh day of February," the same year he was appointed.

Following is a roster of the first Grand Jury summoned into Judge Reynolds' court : James Wells, foreman; James Riley, Macajah Hull, Canaday Owenby, James A. Terrill. Nathaniel Richardson, Nathan Dabney, Jesse Gilstrap, Isaac Gross, Thomas J. Dabney, John F. Northup. Richard Calvert, William Smith, Birdrich Posey, Thomas Williams, Lewis Green, James T. Halley, James A. Griffith, Stephen Gipson and David Young.

Sheriff Morrow appointed as his deputy William Shane.

William H. Davis was appointed Circuit Attorney for the first term of court.

There was very little business for the first twelve months. Most of the indietments were for gambling and betting, for stealing hogs and for neglecting to take out a license to do business. There were seven- teen civil and ten criminal cases called for trial. Running down the minutes a few years, however, it will be noticed that there was a con- stantly increasing business in the Circuit Court. During the April terin, 1838, when court met in the house of Dabney C. Garth, Daniel Murley, was tried on an indictment charging him with "setting up a gambling device." After a solemn trial he was found guilty and sen- tenced to "pay a fine of one cent and he imprisoned one minute." The sheriff was ordered to take the unfortunate defendant into his custody

HISTORY OF MACON COUNTY

until he had met the full demand of the law. There was no jail in Macon county at that time, and it is stated that the sheriff let his pris- oner serve out his sentence by taking him home to dinner with him.

James A. Clark was appointed Circuit Attorney for the August term of court. At that time a set of rules was adopted governing pro- cedure in attachments, continuances, depositions, injunctions, motions, and "the practice at law."

It was ordered that the clerk keep a record of all the attorneys admitted to practice at this bar and it was made the rule when pre- senting motions that "attorneys shall have precedence, according to the time of their admission, beginning with the first admitted and proceeding to the end of the roll; the roll shall be called by the clerk on the morning of each day of the term."

Section 2. "The attorney-general or the circuit attorney shall have precedence in all cases in which the state is a party and shall be called first."

Judge Reynolds signed the proceedings for the Angust term, 1838. At the April term, 1839, Honorable Thomas C. Burch, produced his commission as judge of the Eleventh Judicial District (to which it had been changed), issued by Governor Boggs. Judge Burch took the oath before Austin A. King, judge of the Fifth Judicial District.

At this term of court James R. Abernathy, Samuel T. Glover and Clair Oxley were admitted to the bar.

James A. Clark produced his commission from the governor as circuit attorney. He took the oath of office before Judge Thomas C. Burch.

James R. Abernathy was appointed circuit attorney pro tem for that court, at the August term, 1839.

At the April term, 1840, several parties were found guilty of bet- ting. In each case the court's entry of conviction concluded as follows :

"Whereupon the court doth assess his punishment at a fine of $3; it is therefore considered by the court that said state recover against the said defendant said sum of $3 as aforesaid assessed for the use of Macon county, to be rendered and she have execution and the said defendant in mercy, etc."

James Glen was tried at the December term, 1840, on an indictment charging him with "trading with Indians."

He was acquitted. It was against the law to trade with Indians because in some sections certain settlers would give the Indians whisky for blankets and beads and things, and the liquor would make the Indians troublesome.

HISTORY OF MACON COUNTY

A man who was found guilty of selling liquor on Sunday was fined $3.

At the Angust term, 1842, when James A. Clark was judge and B. F. Stringfellow circuit attorney, Nathan, a slave, was delivered into the custody of the court by his bondsman. The slave was the property of Rebecca Matthews. He was charged with a nameless crime. The defendant was tried, found guilty and the court ordered his mutilation on the 30th day of September following. There were several other moves in the case, but finally the sheriff was allowed $25 for expenses and, it is presumed, the severe order of the court was carried out. Some- thing like this had happened a few months previous in Callaway county.

Reverting to the County Court record of June 17, 1839, a unique order will be found. The justices were Elvan Allen, Philip Dale and Lyn Dabney. They calmly proceeded to abrogate certain acts of the state legislature which did not appear to them to be in the interest of Macon county. The County Court's orders annulling the acts were as follows:

"Ordered, that the law passed by the legislature of 1838 and 1839 respecting groceries and dramshops be null and void in the county of Macon.

"Ordered, the law passed by the legislature on the 13th of Feb- ruary, 1839, respecting the pay of Grand Jurors is hereby rejected and that there shall not be any compensation allowed them for their services."

As far as can be ascertained the state of Missouri never raised any protest against the improvements suggested by the Macon county justices. Nothing much was thought of the order until recent years, when it was commented upon by some people who were overhanling the old records as a curiosity.

There were two other interesting orders entered at the same term of court :

"Ordered, that there be levied 100 per cent on the state tax for the county tax for the year 1839.

"John Halley and George Halley appeared in open court and chose William Smith, a resident of the state of Missouri, and Macon county, their true and lawful guardian to transact their certain busi- ness concerning a certain legacy which is belonging to them in the state of Kentucky.

Oliver Perry MaGee had the distinction of being the first man indicted for murder in Macon county. This occurred at the May Term

HISTORY OF MACON COUNTY

of Circuit Court, 1849. C. H. Hardin was the circuit attorney. The indictment was a little different from those in use nowadays. A portion of it reads as follows :

"Oliver Perry MaGee, late of the county of Macon aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 10th day of December, 1848, withi force and arms at the county of Macon aforesaid, in and npon one Thomas Jefferson White, in the peace of God then and there being, feloniously, wilfully of his malice aforethought by lying in wait, did make an assault, and that he, the said Oliver Perry MaGee, with a certain knife of the value of 10 cents, which he, the said Oliver Perry MaGee. in his right hand then and there had and held, the said Thomas Jefferson White, in and upon the left side of the body of him, the said Thomas Jefferson White, and also in and upon the baek near to the back- bone of him, the said Thomas Jefferson White, and also in and upon the left shoulder near to the point of said left shoulder of him, the said Thomas Jefferson White, then and there feloniously, wilfully, of his malice aforethought, and by lying in wait, did strike, thrust, stab and penetrate Giving to the said Thomas Jefferson White then and there with the knife aforesaid, two other mortal wounds, of which several mortal wounds, he, the said Thomas Jefferson White, then and there instantly died; and so the jurors aforesaid, upon their oaths afore- said, do say that the said Oliver Perry MaGee, him, the said Thomas Jefferson White, in the manner and by the means aforesaid, feloniously, wilfully, of his maliee aforethonght, and by lying in wait, did kill and murder, against the form of the statute in such cases made and pro- vided, and against the peace and dignity of the state."

The first deed recorded in Macon county conveyed from John and Rachel Gross forty acres of land in township 58 to William Sears, for the sum of $125. The transaction was recorded January 21, 1837. One acre of that land is now worth nearly as much as the entire forty brought.

The following marriages were solemnized during the same year :

Joseph P. Owenby and Nancy Garrett, May 4; by William Sears.

Thomas J. Dabney and Cassannah Walker, May 24; by William Sears.

Alexander Shawner and Narcissa Kerby, May 13; by William H. Rowland, J. P.

Aaron Gee and Margaret Moore, July 23; by Frederick Row- land, J. P.

HISTORY OF MACON COUNTY

Joseph Stewart and Mary M. Haddon, August 3; by Hardin Har- gis, J. P.

Thomas Clifton and Rebecca Lesley, September 19; by Nathaniel Floyd, J. P.

Allen Fletcher and City Ann Hatfield, August 17; by Abraham Dale, J. P.

Lloyd H. Coulter and Amelia Cannon, November 9; by Elvan Allen, J. P.

In June, 1838, the County Court ordered that "the county seat be called and known by the style of Bloomington." Previous to that the place had been called "Box Anele." According to Wash Moody, who came from Wayne county, Kentucky, to Missouri, in 1842, the origi- nal name of the place was suggested by the people sitting on dry-goods boxes, there being no chairs at that period. "They would sit around on boxes, " said Mr. Moody, "with their ankles bent so that their heels would be against the box and their toes on the floor. There was some connection between the box and the peculiarity of the ankle when sitting, and from this sprung the queer name."

At the August term, 1838, the County Court ordered a temporary court house to be built at Bloomington on Lot 1, Block 3, agreeable to the plan of Joseph Owenby, supervisor, to-wit :

Twenty feet wide and 30 feet long; one room 18x20; one room 12 feet square; one room 8x12 feet; the lower floor to be of good seasoned oak plank, with sufficient joint; four doors and three windows; one stack chimney where the walls separate each room.

The contract required the building to be put up in a workmanlike manner, with good shingles, clinked and plastered with a first-class quality of lime.

It was not much over a year, however, before the above building was inadequate and at the November term, 1839, the court ordered the construction of a brick house, 45 feet square and two stories in height. The cost was to be $3,000. Robert George was superintendent of the construction. That affair, which was quite elaborate for its day, was not completed until 1852.

The county seat was removed from Bloomington to Macon in 1863, by act of the Legislature. Following are the Circuit Court entries bordering the removal :

"January 16, 1863. Court adjourned pursuant to adjournment, Hon. George H. Burckhartt, judge, presiding. The Grand Jury having finished their business and there being no further business before

HISTORY OF MACON COUNTY

the court it was then ordered that the court adjourn until the fourth Monday in September next." Recorded at Bloomington.

The next order is made at Macon, and reads as follows:

"September. 1863. Be it remembered that at the regular term of the Macon County Circuit Court begun and held at the court house in the town of Macon, on the 28th day of September, 1863, Hon. G. H. Burckhartt, judge, presiding. W. T. Gilman, clerk, and William Hol- man, sheriff, the following proceedings were had, to-wit:"

The third court house of Macon county was erected at Macon in 1864-5, following the removal of the county seat from Bloomington to Macon. The cost of this last building was $30,000. It is made of brick and stands today, handsome and nseful, though of a somewhat anti- quated type. It is stated that its Circuit Court room has better acoustic properties than can be found in many of the latter day court houses of the state. An annex was built in 1895 at a cost of about $7,000. This was for the purpose of providing more room and greater safety for the records of the Probate Court and the county records, which had grown to be voluminous. The new court house is fireproof. In its basement is the heating apparatus for both buildings.

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General history of Macon County, Missouri, Part 4

Author: White, Edgar comp; Taylor, Henry, & company, pub Publication date: 1910 Publisher: Chicago, H. Taylor & company Number of Pages: 1106

Author: White, Edgar comp; Taylor, Henry, & company, pub
Publication date: 1910
Publisher: Chicago, H. Taylor & company
Number of Pages: 1106