USA > Missouri > DeKalb County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 27
USA > Missouri > Andrew County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 27
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The Sacs and Foxes claimed their lands in Missouri by right of conquest, having driven out the "Missourias," who were the original occupants. They only used these lands as hunting grounds, however, until during the war of 1812, when Quash- quamie's band settled here. It was with his descendants that the Platte purchase treaty was made on the part of the Sacs and Foxes,
The Missourias .- This tribe was a branch of the Dakotah family, and was originally known as the Nudarcha, the name Missouria having been given them by the Illinois, with whom they at one time affiliated. Marquette, in 1673, heard of them as occupying a region of country up the river which bears his name. "Lewis and Clark found them, in 1805, reduced to a band
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of 300-eighty warriors-on the south side of the Platte, at war with the Omahas, Poncas, Osages, Sioux and Kansas." They eventually settled in various parts of Missouri, including a por- tion of what is now the Platte Purchase, but were subsequently driven out by the Sacs and Foxes. They abandoned their an- cient village on the Missouri, below the Grand, a number of years ago, and sought refuge with the Attoes, with whom they have since been connected.
The Ioways .- They belong to the Dakotah tribe, and called themselves Pachuca, or dusty noses, but were called by the Al- gonquins Ioways, and by others Mascoutin. The name is written by Marquette, Charlevoix and others, and put down on the old maps, Ayoues, meaning "sleepy ones." The name of the tribe until after 1800 was uniformly spelled Ioways, until about 1830, when the "y" was dropped. At the beginning of the present cen- tury they numbered about 1,500. The United States, in 1815, made a treaty with the chief, Wyningwaha, and by another treaty with Gen. Clark, August 4, 1824, Ma-has-ka, or White Cloud, the greatest chieftain in the annals of the tribe, and Manebana, or Great Walker, ceded all the Iowa lands in the State of Mis- souri to the United States. The next year Clark and Lewis Cass succeeded in establishing peace between them and the Sacs and Foxes, with whom they confederated, since which time the history of these tribes has been practically the same. After the treaty of 1824 they removed to the Platte Purchase, where, at the time of the treaty of 1836, the tribe numbered about 992. After the latter treaty they were removed to the west bank of the Missouri River, above Wolf River, and in 1861 the tribe, then reduced to 305, ceded to the United States all these lands except a reservation of 16,000 acres. During the late war between the States it is said that forty-one of these Indians served in the Federal Army.
JUDICIARY.
On March 8, 1841, it being the second Monday of that month, the circuit court of Andrew County was formally organized, the county forming a part of the Twelfth Judicial Circuit of the State
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of Missouri. The judicial machinery was put in motion by Hon. David R. Atchison, of Clinton County, the regularly appointed judge of the circuit, who convened the first judicial tribunal in Andrew County at the residence of Gallant Rains, Esq., a short distance west of the corporate limits of Savannah, the place desig- nated by the organizing act as the place for holding courts for the time being. Calling about him the necessary officers of the court, he directed that proclamation be made that the Andrew County Circuit Court was open and ready for the transaction of business. Proclamation was made accordingly, after which the preliminary business of organization was transacted. The record narrates the proceedings pertaining to the organization as follows. "Be it remembered at a circuit court begun and held at the house of Gallant Rains, in Andrew County, Mo., in the Twelfth Judicial Court, on the second Monday in March, in the year of our Lord one thousand, eight hundred and forty one, it being the place designated by law for holding such court in said county of Andrew, this day the Hon. David R. Atchison presented his commission from his Excellency Thomas Reynolds, Governor of the State of Missouri, appointing him Judge of the Twelfth Judicial Circuit of the State of Missouri, together with the oath of office thereon endorsed, which are in the following words and and figures to wit:
The State of Missouri, to all who shall see these presents greeting:
Know that it having been certified to me that the Senate of Missouri has advised and consented to the nomination of David R. Atchison as Judge of the Twelfth Judicial Circuit; Now therefore, in the name and on behalf of the State of Mis- souri I, Thomas Reynolds, Governor thereof, do hereby commission him Judge of the aforesaid circuit and do authorize and empower him to discharge the duties of said office according to law.
JAMES L. MINOR, Secretary of State.
THOMAS REYNOLDS.
" Endorsed upon the commission was the following oath :
I, David R. Atchison, do solemnly swear that I will support the constitu- tion of the United States and the Constitution of the State of Missouri, and faithfully demean myself in the office of Judge of the Twelfth Judicial District.
DAVID R. ATCHISON.
Subscribed and sworn before me, a justice of the peace in and for Clay County in the State of Missouri this thirteenth day of February, in the year of our Lord one thousand eight hundred and forty-one.
ABRAHAM SHAFER.
"And thereupon the circuit court of Andrew County was duly
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opened according to law. Peter H. Burnett produced his com- mission from the Governor appointing him circuit attorney for the Twelfth Judicial Circuit; who, after having taken the oath prescribed by law, entered upon the discharge of his duties.
" Andrew S. Hughes was by the court duly appointed clerk pro tem. of the circuit and county of Andrew," and after taking the required oath proceeded at once to discharge the duties of that position.
" Ezekiel Smith produced in open court a commission from the Governor appointing him sheriff of Andrew County together with the oath of office thereon endorsed, which are ordered to be recorded, and which are in the following words [then follows commission and oath ]: And therefore the said Ezekiel Smith came into court here and acknowledged bond as sheriff of Andrew County in the penal sum of five thousand dollars, with Elijah Fuller, Hiram Smith and William Pyburn as securities, which bond is conditioned according to law, and therefore, after in- spection of the same bond by the court, the same is approved and ordered to be certified for record in the recorder's office of Andrew County."
A reference to the proceedings of the first term thus far will show that they were of a character appertaining only to organiza- tion, the adjustment of the judicial ermine, and prescribing the routine of court business. This being completed the transactions assumed a more practical nature, and immediately business for the first or subsequent terms began to flow through the channels prescribed by immemorial usage, and the tangible identity of the Andrew Circuit Court at once became established.
The first business after the completion of the organization was the admission to the bar of the following attorneys: Andrew S. Hughes, John W. Kelley and Theodore D. Wheaton, and later, at the same term, Peter H. Burnett was duly admitted, and enrolled among the early lawyers of Andrew County.
The record of the first day's proceedings further shows that " the sheriff returned into court the State's writ of venire facias for a grand jury endorsed as follows: Jonnathan Earls, William F. Rush, Elijah Fuller, Hiram Smith, George Walters, Elisha Walters, William A. Price, Joel Guffey, James W. Wood, James
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HISTORY OF ANDREW COUNTY.
Irwin, Abraham Dillon, David Davidson, Mitchell Gilliam, Rob- ert Elliott, Benjamin Williams, James Herring and James Davidson-Jonnathan Earls called and sworn as foreman."
These jurymen, after taking the prescribed oath, and listening to the instructions of the court, retired for deliberation, and within a short time returned and reported bills of indictment against the following persons: James H. Long, Tobias Woods, Washington Scott, Johnson Woods, James Emery, Augustus Wilkinson, Harvey Tracy, John L. Snyder and Alexander R. Woods, all for betting; John Sharretts and James Emery, for permitting gambling in their houses; Jesse Carroll, for hog stealing; Samuel R. Campbell and George G. Brand, for shoot- ing with intent to kill; and James Ward, for obtaining property by false pretenses.
The court then ordered that " writs of capias be issued imme- diately on the foregoing indictments and presentments, and that the defendants indicted for betting may be permitted to give bail respectively each in the sum of $100, and two securities in the sum of $50 each, that defendants indicted for keeping gam- ing houses may give bail in the sum of $200 each, with one or more securities in the sum of $200; that defendants indicted for hog stealing may give bail in the sum of $1,000, with one or more securities in the sum of $1,000; that defendants indicted for shooting with intent to kill, give bail in the sum of $1,000, with one or more securities in the same sum, and that James Wardlow, indicted for obtaining property by false pretenses, be bailed in the sum of $1,000, with one or more securities in the same sum." The gamblers plead guilty, and were each fined by his Honor, the Judge, $1 and costs. Those indicted for betting plead guilty also, and were fined $1 and costs each. The cases against the other parties were continued to subsequent terms of the court.
On the second day of the term, Tuesday, March 9, 1841, Andrew S. Hughes came into court, and resigned his appointment as clerk, which resignation was accepted. Edwin Toole was then duly appointed clerk pro tem., and took the prescribed oaths, giv- ing bond of $5,000 for the discharge of his duties as clerk, and also bond of $1,500 for the faithful discharge of his duties as recorder
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of Andrew County ; Gallant Rains, William Reynolds and Richard Miller endorsing both bonds as securities. Few counties have been favored with as able and efficient an officer as Mr. Toole, who for a number of years discharged the duties of both county and circuit clerk. He was a man of fine clerical ability, unswerving integrity, and against his long and faithful official record a breath of suspicion was never known to have been uttered.
After the adoption of certain rules of practice by the court, the following cases were disposed of: The State of Mis- souri against Alexander Woods, for betting; fined $1 and costs. State vs. Tobias Woods, for similar offense, plead guilty; fined $1 and costs. State vs. John Sharretts, for per- mitting gambling in his house, plead guilty; fined $10 and costs. The case against Samuel R. Campbell, indicted the pre- vious day, for shooting with intent to kill, was continued until the June term of court.
The first civil case on the docket was that of Timothy Mosier vs. Conrad Cliffield and others, on appeal, continued till the next regular term.
Gallant Rains presented an account against the county for $16, which, after inspection, was found correct, and ordered cer- tified to the county court for payment. This sum was for the use of his house and premises as a place for holding the circuit and county courts. The foregoing is a brief summary of the principal transactions of the first term of the Andrew County Circuit Court.
At the June term, 1841, the following attorneys were ad- mitted to practice at the Andrew County Bar: William B. Almond, James H. Baldwin, Christopher Brown, Frederick Greenough, James S. Thomas, Solomon L. Leonard, Benjamin Hays, William Owsley, Samuel R. Campbell, Prince L. Hudg- ens, James B. Gardenhire, E. P. West, Lansford W. Hastings, John M. Young and John Wilson, the majority of whom were residents of neighboring counties. The grand jury for the June term was composed of the following gentlemen: Robert L. Smith, James Morrison, Willis Gaines, Charles Farris, Benja- min H. Brock, William Bowen, George Smith, Anderson Mc- Roan, William H. Toombs, Henderson Hardesty, Elisha Ben-
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nett, Elias Pittman, Sharrod Lawhorn, Archibald Stephenson, John D. Bowland, Amaziah Wilson, Alexander Graham and John F. Cox.
One of the first causes in which proceedings were had was one represented by "The State of Missouri against Samuel R. Campbell, for shooting with intent to kill," continued from the previous term. The cause, having been put at issue, was sub- mitted to a jury-the first jury case in the county. The jury was then composed of the following persons: Edward Py- burn, William Baker, Amos Pyburn, Andrew Pettyjohn, Mollis- ton Pettyjohn, Robert Irwin, George Sizemore, Robert W. Mor- rison, Zachariah Moreland, George Smith, Silas Turner and Jonathan Ward. The jury, after hearing and carefully weighing all the evidence in the case, returned a verdict of "not guilty." It was then ordered that the said defendant recover from the State his costs and charges in the behalf expended, etc.
The second trial by jury was that of "The State of Missouri against Augustus S. Wilkinson, for betting," the following gen- tlemen hearing the case and failing to agree upon a verdict: Greenup Gibson, Elias Hughes, Joel Noland, George S. Nelson, James Johnson, Isaiah Moody, Elisha Walter, Mitchell Gilliam, James Officer, Elijah Walter, Charles Caples and Nathaniel Liv- ingston.
The third jury trial took place at the June term, the cause be- ing of a criminal nature, The State of Missouri against one Jesse Carroll, for hog stealing, who was found " not guilty " of the serious charge.
A case, which excited more interest, perhaps, than any other occurring in the county anterior thereto, was tried in the Andrew Circuit Court at the October term, 1841. This was a case of murder, the defendant being one Henry Webb, who had been in- dicted by the grand jury for imbuing his hands in the blood of a fellow man. Of the nature of the case but little is now known, save that the bloody deed was committed under many palliating circumstances.
The jury was composed of the following citizens of the county: James Herring, James Y. Johnson, William Stokes, Hender- son Hardesty, Elijah Benton, William Toby, Joseph Brock,
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Edward Brock, James Dunlap, Elijah Fuller, Joseph Wagers and Elijah Smith, who, after patiently sifting all the testimony, found the defendant guilty of manslaughter, and assessed his punishment at two years in the penitentiary.
Among the various cases disposed of at the same term were those of the State vs. Silas Best, for assault and battery with in- tent to kill, against Isaac Best for similar offense; John B. Thompson for trespass; James Ward for obtaining money under false pretenses; Abraham Dillon for laboring on Sunday; James Rowe for keeping a ferry without license, and against several parties for betting, the majority of whom met with punishment commensurate with their offenses.
The following are the names of grand jurors appointed for the March term 1842: Hugh M. Cafferty, William Clemmens, Obadiah Roberts, Jonathan Cobb, Benjamin Nichols, Lytle Hughes, Daniel Hartman, Elijah McRay, R. R. Reynolds, A. R. Woods, John B. Bounds, M. T. Simmons, Adam Rhoads, N. Bent, Joseph Wagers, John Hardesty and John Trasper.
The first cause in which proceedings were had that term, was the State, etc., against Abraham Dillon for laboring on Sunday, tried before a jury composed of the following persons, viz .: Val- entine Sevier, Sashel Reynolds, W. C. Means, William B. Will- iams, John Evans, Thomas Ritchey, John Williams, James Her- ring, Conrad Travis, David Smith, William Stokes and Peter Monroe. The jury, after mature deliberation, concluded to publish a solemn warning for the benefit of all Sabbath breakers, by fining the Godless Abraham $1.75 and costs. The first habeas corpus was issued in favor of Monroe Hayward, in 1841, and the first action for divorce was brought by Sarah Duncan against John Duncan, June term, 1843. The second petition for divorce was filed the same term of court by one John Tinkle, who prayed for a legal separation from his unamiable spouse, Frony Tinkle, on the ground that the said Frony was addicted to the playful habit of repeatedly assaulting, beating, wounding and cruelly abusing him, so that his condition with her was so intolerable that he considered his life in danger if he should further remain with her. It may afford an atom of relief to some unfortunate hus- band similarly situated, to state that John succeeded in gaining his liberty.
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HISTORY OF ANDREW COUNTY.
From the excellent historical sketch of Andrew County prepared a few years ago by Col. N. B. Giddings are taken the following extracts descriptive of the early court held in 1841: " When the weather would admit the courts were held out of doors, under a large elin tree which stood about where now stands Mr. Sutton's fine brick dwelling house, his Honor, 'Dave,' as he was familiarly called, seated in his chair, elevated on a huge pine box, presiding with the dignity of a Jay, a Livingston or a Marshall, the attor- neys and jurors occupying humbler positions." "The attorneys when engaged in the trial of a cause used the crowns of their hats as substitutes for tables. Bell-crown hats were then in fashion, and swallow-tail coats with collars striking the wearer about the amative organ of the occiput." "The places for the deliberations of the grand and petit jurors were spaces cut out in a hazel patch sufficiently capacious to hold comfortably the occu- pants." "Each of these jury spaces were entered by a narrow path, at the entrance of which were placed sentinels to protect, unmolested, the deliberations of those honorable bodies."
The following incidents, illustrative of the habits and customs of the "old time," will doubtless prove of interest to many of our readers: "Attorneys in the early days in this country were necessitated to travel the judicial circuit either on horseback or foot; and on one of these early peregrinations, when the party had arrived on that extensive savanna on the divide be- tween the One-Hundred-and-Two and Nodaway Rivers, the then circuit attorney spurred his horse up by the side of the judge, and said in a very loud and emphatic tone: 'Judge, by the Eter- nal, dismount with me, and lay off your judicial ermine, and here on this broad expanse I'll give you the d -- est thrashing any man ever received.' The judge, however, was deaf to the chal- lenge and rode on. During the sitting of the court at Maysville his honor said or did something that disturbed the equanimity of feelings of the hero of the 'broad expanse,' that neither judge nor attorneys were aware of until the memorable scene upon the battle ground."
. "There was another occurrence, more pleasing to the attor- neys but perhaps not to the judge, at a point equally as memo- rable in the pilgrimage. When partaking of dinner, camp style,
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STATE OF MISSOURI.
it was learned, to the regret and chagrin of all, that none of the company had provided for the trip ardent or alcoholic spirits, to make it the more enjoyable, each denying in the most emphatic manner having any of the 'needful.' There was, however, one in the company who happened to be an expert in smelling out any- thing tinctured with the ardent, who was noticed to have some contortions of face and an elevation of proboscis. He seemed to 'snuff the breeze afar off,' and was heard to exclaim at the same time: 'Boys, I smell it, and as sure as - [use the term in the revised version ] I'll smoke it out.' He finally snuffed around to the saddle-bags of the judge, and demanded an entrance, which was peremptorily refused; but after considerable importuning on the part of the company, two half-gallon bottles, well-nigh full of excellent old Holland gin, were exhumed, one from each end of the old-fashioned saddle-bags, with the judge's excuse that it was carried as a medicine prescribed by his physician-which ex- cuse was very satisfactory to the company. ( ?) The judge, how- ever, was deprived of his medicine for the remainder of the trip. Names omitted; all good and true men."
COURT OF COMMON PLEAS.
By provisions of an act of the General Assembly approved in 18- the court of common pleas was established, and its jurisdic- tion defined. Exclusive jurisdiction was given it in all matters relating to the probate of wills, granting letters testamentary, administration and guardianships, and all matters generally of a probate nature except in special cases, and original and concur- rent jurisdiction in certain other specified classes of business. The common pleas court of Andrew County was established in 1856, the first session having been held on the 8th of December, of that year, by Hon. Daniel Van Buskirk, judge. This court continued to have jurisdiction of probate business generally, and the classes of civil business. as in the act prescribed for a short time only, the business subsequently passing into the circuit court, where the jurisdiction over civil cases still rests, and the probate business still later, passing into the probate court. Hon. Daniel Van Buskirk was the only common pleas judge of Andrew County.
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HISTORY OF ANDREW COUNTY.
PROBATE COURT.
The probate court of Andrew County commenced its first ses- sion in 1877, all probate business prior to that time having been transacted by the circuit and common pleas courts.
All the probate business of the county, since the above date, has been transacted by this court, except in cases where the judge thereof has been under disability from interest or otherwise, then such cases have been transferred to the circuit court for adjudi- cation. The following are the names of the probate judges since the establishment of the court in Andrew County: John Cald- well, George T. Bryan, Samuel Huffman, Pembroke Mercer and the present incumbent, Hon. Joseph Rea.
BENCH AND BAR.
In the early days of our judicial history, as well as in the immediate past, numerous attorneys from time to time were pres- ent during the sessions of court and admitted to practice therein, in pursuance to the laws in force relating thereto. Among those may be mentioned with propriety a few who acquired some celeb- rity in the line of their profession, and otherwise having placed high their mark in the esteem and confidence of their fellow cit- izens, without detracting in any degree from the individual merits of the many who are not thus especially noticed.
Andrew S. Hughes was one of the first attorneys to practice at the bar of Andrew County, having been admitted at the first session of the circuit court, March 8, 1841. He appears to have been a man of fine attainments, and the professional distinction, acquired as the result of experience during his practice, entitles him to an honorable mention among the early successful attor- neys of the Platte Purchase. He was subsequently appointed circuit attorney, the duties of which position he discharged in an able manner, satisfactory alike to his friends and political ene- mies.
I. N. Jones, also among the early practitioners at the Andrew County bar, was one of the bright lights in his profession, and took high rank as such, here and elsewhere. He served as cir- cuit attorney for some time, and subsequently was chosen to rep- resent Andrew County in the Lower House of the State Legisla-
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ture. He was a man of fine forensic abilities, and as an advocate before a jury had few equals among the lawyers of his time in Andrew or adjoining counties. He left Missouri a number of years ago, immigrating to California, in which State his death occurred.
Conspicuous among the early lawyers of the Platte purchase was Hon. Theodore D. Wheaton, who was formally admitted to practice at the Andrew County bar at the first session of the cir- cuit court. He is represented as a man of fair scholarly attain- ments, and fine legal abilities, but appears to have excelled in the field of politics in which he early took an active and prominent part. Popular in the practice of his profession, in which he ac- quired a large and lucrative business, he was equally so as a man and citizen representing the people of Andrew County in the Legislature, where he earned the reputation of an able and pains- taking law maker. His death occurred in New Mexico a number of years ago.
An attorney by the name of Ward was among the early practitioners in Andrew County. He was a man of some ex- perience in his profession but not a brilliant lawyer, consequently acquired no very extensive or lucrative practice. He served as circuit attorney for some time, and discharged the duties of that position in a manner satisfactory to all concerned.
James H. Baldwin admitted to the Andrew County bar in 1841, was then, and until his death, a citizen of Platte County, noted for his scholarly attainments and the professional distinc- tion acquired as the result of skillful experience during a long practice. Though never a citizen of Andrew County, profession- ally and in the civil walks of life his name and fame have been proclaimed here in a measure that entitles his name to registry in this place.
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