USA > Missouri > Buchanan County > St Joseph > History of Buchanan County and St. Joseph, Mo. : from the time of the Platte purchase to the end of the year 1915 biographical sketches of noted citizens, living and dead > Part 5
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As stated in the previous chapter, Buchanan County was attached to the Fifth judicial circuit, and it therefore became the distinguished duty of the Honorable Ausutin A. King of Ray County, the judge of the Fifth district aforesaid, to hold the first session of the circuit court.
On February 16, 1839, Judge King commissioned Edwin Toole of Blacksnake Hills as clerk of the circuit court, to hold said office until his successor should be elected at the general election in 1840.
On July 15, 1839, Judge King opened court at the house of Joseph Robidoux at Blacksnake Hills, through the proclamation of Samuel Gilmore, "high sheriff in and for said county."
Both civil and criminal cases were considered at this term, the first case docketed being Andrew S. Hughes vs. Ishmael Davis, a petition in debt. This case was dismissed at the plaintiff's cost. There was also an assault and battery case, and the grand jury returned indictments against twenty-three pioneers who had whiled away monotony and money in the national game of poker. Several merchants were indicted for doing business without license.
Little was accomplished, however, at the first term of court, most of the cases being continued to the November term, when the gamesters were fined five dollars each.
Two applications for citizenship were made during the first session of the court. Gottfried Rentel, a native of Poland, and Rudolph Mill of Hesse-Darmstadt, Germany, renounced allegiance to their respective princes and potentates and declared intention to support the constitution of the United States.
During the November term much business was disposed of. Among other things, one William Williams was indicted by the grand jury for rape. He was remanded to the sheriff of Clay County for keeping, there being no jail in Buchanan County as yet, and, at the March term of 1840, was found guilty and sentenced to the penitentiary for five years. He was the first criminal taken to that institution from this county.
The first three terms of court were held at Robidoux's house, and the July and November terms of 1840 were held at the house of Richard Hill, near Sparta.
During the session of 1840-41 the legislature erected the
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Twelfth judicial circuit, composed of the Platte Purchase and Clin- ton County.
Governor Reynolds appointed Hon. David R. Atchison of Platte County as judge of this circuit, and Peter H. Burnett, also .of Platte County, as circuit attorney.
On March 31, 1841, Judge Atchison convened his court at the house of Richard Hill, and the next term, in July, was held in the log court house at Sparta, which had just been completed.
In 1843, Henderson Young of Lafayette County succeeded Judge Atchison, who had been appointed United States Senator by Governor Reynolds to fill the unexpired term of Dr. Linn.
Judge Young resigned one year after Judge Atchison, and the governor appointed Solomon L. Leonard of Buchanan County, who served until 1852, and was succeeded by William B. Almond of Platte County. Judge Almond held the office only one year, when he resigned to go to California, where he had previously accumu- lated a considerable fortune, and Elijah H. Norton, also of Platte County, was appointed to fill the vacancy.
Judge Norton served until 1860, when he was succeeded by Silas Woodson of Buchanan County, who, during the war, became a member of General Willard P. Hall's staff as colonel and inspec- tor-general. There was little business in the circuit court in those stormy days. In 1864, Judge Woodson was a candidate for re-elec- tion and was defeated by William Herron of Andrew County, who served for the following four years.
Isaac C. Parker of St. Joseph served from 1868 to 1870, when he resigned to go to Congress. Judge Parker's term was completed by Bennett Pike. Joseph P. Grubb was elected to succeed Judge Pike, and served from 1872 to 1880, when he was in turn succeeded by William Sherman. Judge Sherman died after two years, and Judge Grubb was appointed to fill the vacancy.
The Twelfth judicial circuit diminished in size as the territory became populated. During the war the circuit was composed of the Platte Purchase only. From 1872 to 1889 the circuit was com- posed of Buchanan and DeKalb Counties. By considering that twenty-five years ago one circuit judge was able to meet the re- quirements of these two counties and that it now requires three circuit judges for Buchanan County alone, one gets some idea of the growth of this community in that period.
In 1885 it was deemed necessary to establish a criminal branch of the circuit court, and the legislature of that year provided for this. Governor Crittenden appointed Silas Woodson to the post and Judge Woodson served until June 11, 1895, when he resigned, owing to ill health. Governor Stone appointed Romulus E. Culver to fill the vacancy and Judge Culver was elected to succeed himself at the general election of November, 1896. He resigned in April, 1899, and was succeeded by Benjamin J. Casteel, who was ap- pointed by the governor to fill the unexpired term. He was elected to succeed himself in November, 1902, and again in 1906. Judge Thomas F. Ryan was elected in 1910 and still holds the office. The
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legislature in 1915 abolished the criminal court and created a third division of the circuit court. This act takes effect January 1, 1917.
Oliver M. Spencer was elected circuit judge November, 1886, and served until May of 1890, when he resigned. Governor Francis appointed Archelaus M. Woodson to fill the vacancy. Judge Wood- son was re-elected November 8, 1898, and in 1904 Judge C. A. Mossman was elected. He was succeeded by Judge W. D. Rusk in 1910. Judge Rusk died in February, 1914, and Judge W. H. Haynes was appointed by the governor. Judge T. B. Allen was elected in November, 1914, to fill the unexpired term of six years.
The legislature of 1889 passed a bill establishing two civil branches of the Buchanan County circuit court, and Governor Francis appointed Henry M. Ramey judge of Division No. 2, Judge Woodson's court being Division No. 1. Judge Ramey was elected for a full term in November, 1890. He was succeeded in 1896 by Thomas H. Parrish, who died in October, 1897. Governor Stephens appointed Charles F. Strop to fill the vacancy until the general election, November, 1898. Judge Strop failed of nomination at the Democratic primaries in May of 1898, being defeated by William K. James, who was elected November 8, 1898, to fill out the unex- pired term of Judge Parrish, which ended in 1902, when he was succeeded by Judge Henry M. Ramey. L. J. Eastin was elected in November, 1908. He served two years, when he resigned and W. K. Amick was appointed to serve until the election in 1912. At that time Charles H. Mayer was elected for the unexpired term. He was re-elected in 1914 for the term ending in 1920.
COURT OF COMMON PLEAS-A tribunal within the recollection of comparatively few of the younger people was the Buchanan County court of common pleas, which existed from 1853 to 1873. This court was created to relieve the circuit judge, whose territory was too large and who often did not reside in the county.
The court of common pleas had concurrent jurisdiction with the circuit court except as to criminal cases, and its records tell the history of a large volume of the litigation that was had here during the twenty years of its existence.
This court opened for its first term on Monday, September 12, 1853, with William C. Toole as judge, who served until September 15, 1855, when he was succeeded by Washington Jones. Judge Jones only served one year, resigning, and was succeeded by Joseph J. Wyatt September 18, 1856. Judge Wyatt served for ten years, being succeeded in October of 1866 by E. J. Montague, who served until December of 1870. Judge Toole again came upon the bench at that time and served until December of 1873.
The court was abolished by the legislature, and when Judge Toole adjourned without date the pending litigation was trans- ferred to the circuit court, the Twelfth judicial circuit having mean- while been contracted to Buchanan and DeKalb Counties. The clerk of the circuit court was also clerk of the common pleas court.
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THE COUNTY COURT-William Harrington, Samuel Johnson and William Curl were appointed by Governor Boggs as the first county court of 1839. In 1840, Stephen Jones, Richard Roberts and Upton Rohrer were judges. From that time to this the court has been organized as follows, the first named being the presiding judge: Stephen Jones, Richard Roberts, Thomas A. Brown, 1841- 42; Richard Roberts, Thomas A. Brown, William Dunning, 1843- 44; William Dunning, Robert Irwin, Robert Duncan, 1845-48 ; Wil- liam Dunning, Robert Irwin, T. S. Talbot, 1849; T. S. Talbot, Wil- liam Dunning, Robert Jesse, 1850-52; Aaron Lewis, Nelson Witt, Hiram Rogers, 1853-54; Aaron Lewis, Nelson Witt, Cornelius Rob- erts, 1854-55; William M. Carter, Nelson Witt, Cornelius Roberts, 1855-56; Joseph H. Crane, Cornelius Roberts, John J. Pullins, . 1856-57; John J. Pullins, James A. Anthony, Cornelius Roberts, 1857-59; James. A. Anthony, John J. Pullins, William Dunning, 1860-61; P. B. Locke, Cornelius Roberts, Ransom Ridge, 1862-63; Cornelius Roberts, Ransom Ridge, Charles Schreiber, 1863-64; Cornelius Roberts, Charles Schreiber, William Ridenbaugh, 1865; James Pettigrew, Charles Schreiber, J. R. Bell, 1866; Philomen Bliss, Jacob Boyer, Charles Schreiber, 1867-68; William M. Albin, Charles Schreiber, Jacob Boyer, 1869-70; John Pinger, W. B. Gil- more, John Bretz, 1871-72; John Pinger, William B. Gilmore, Ben- jamin B. Frazer, 1872-73; John Bretz, Michael Fitzgerald, John Taylor, 1873-74.
During 1874-78, the county court consisted of five members. In that period the organization was: Michael Fitzgerald, John Taylor, Fred W. Smith, John L. Wade, John L. Sutherland, 1874- 75; Bernard Patton, S. D. Cowan, John E. Wade, John Rohan, John Taylor, 1875-76; Bernard Patton, William Roberts, John Pryor, Cornelius Roberts, Patrick McIntyre, 1876-78.
From 1878 to the present time there have been but three judges and the organization of the court has been : Thos. A. Brown, P. McIntyre, John H. Carey, 1878-80; Thomas A. Brown, P. Mc- Intyre, L. F. Carpenter, 1880-82; Thomas A. Brown, John Kelley, William Buntin, 1882-84; Thomas A. Brown, John Kelly, A. F. Greenard, 1884-86; A. M. Dougherty, John Kelly, James Ferrill, 1886-88; A. M. Dougherty, W. B. Smith, Harry Keene, 1888-90; Thomas A. Brown, James W. Mansfield, W. B. Smith, 1890-92; Thomas A. Brown, William M. Stanton, James A. Millan, 1892-94; Harry Keene, Edgar Sleppy, William M. Stanton, 1894-96; Harry Keene, Augustus Saltzman, Jason B. Landis, 1896-98; William M. Stanton, T. J. Hill, Augustus Saltzman, 1898-1900; William M. Stanton, T. J. Hill, Edgar Sleppy, 1900-02; William M. Stanton, John H. Duncan and Harry D. Bassett formed the court January 1, 1903. Judge Bassett died August 27, 1903, and John Kelly, a former member of the court, was appointed by Governor Dockery to fill the unexpired term. Judge Stanton died March 14, 1904. The governor appointed John T. Chestnut to serve until the elec- tion of a successor in November of that year.
H. R. W. Hartwig was elected presiding judge in 1904, and
-
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the district judges were J. H. Duncan and Edgar Sleppy. Judge Hartwig died December 30, 1905, and John L. Leonard was ap- pointed by the governor to succeed him. Judge Leonard was elected in 1906, and his associates were Lee Jackson and George W. Akers. Since that time the court has been composed of John L. Leonard, Julius Meyer, Lee Jackson, 1908-10; Thomas J. Hill, John H. McClanahan, James H. Leonard, 1910-12; Thomas J. Hill, J. H. McClanahan, William Bubb, 1912-14; Thomas J. Hill, Marion Kirkman, William Bubb, 1914 -X- *
THE PROBATE COURT-Prior to 1851, the county court was also the probate court. The first regular probate judge was Joseph J. Wyatt, who served 1851-59. Henry S. Tutt succeeded him and served 1859-65. For the next ten years the county court was again the probate court. In 1875, the probate court having been restored, the judgeship was held by Henry S. Tutt, who served until 1890, when he was succeeded by John M. Stewart, who held the office four years. From 1894 up to the time of his death James P. Thomas filled the place. Governor Dockery appointed Sterling P. Reynolds to fill the vacancy. Reynolds was elected in 1904. John F. Imel was elected in 1906, and A. B. Duncan in 1914. *
THE SUPREME COURT-Under the provisions of the Drake con- stitution a law was passed making the supreme court a migratory tribunal. The state was divided into districts, and St. Joseph was the seat of justice for northwest Missouri. From 1866 to 1876 two sessions of the supreme court were held here each year. Litt R. Lancaster, for many years a prominent attorney here, but who later became a resident of California, was clerk of the St. Joseph sessions.
Judge A. M. Woodson of St. Joseph was elected to the supreme court in 1906 for a term of ten years. Stephen S. Brown of St. Joseph was appointed a commissioner of the supreme court by Governor Hadley in 1911, and is still serving (1915).
CHAPTER IV.
COUNTY OFFICES AND THE INCUMBENTS THEREOF, FROM THE EARLIEST DAYS TO THE PRESENT TIME. -PROSECUTORS, CLERKS OF CIRCUIT COURT, SHER- IFFS AND CONTESTS FOR THE OFFICE, COUNTY CLERKS AND CONTESTS, CORONERS, RECORDERS OF DEEDS, TREASURERS, ASSESSORS, PHYSICIANS, SUR- VEYORS AND PUBLIC ADMINISTRATORS.
Prior to 1872 the public prosecutor was styled circuit attorney and was elected, as the judge, by the votes of the judicial circuit. When the Twelfth circuit was created by the legislature, in 1841, Governor Reynolds appointed Peter H. Burnett of Platte County as circuit attorney. In 1843 Mr. Burnett resigned and was succeeded by Willard P. Hall, Sr., of Buchanan, who in turn was succeeded by J. M. Jones of Andrew. The office was also held by James Craig of Buchanan, James N. Burnes of Platte, Joseph P. Grubb of Buchanan, Thomas Thoroughman of Buchanan, Jonathan M. Bas- sett of Buchanan, and Isaac C. Parker of Buchanan. The last incumbent was B. K. Davis of Maryville.
Of those named, Mr. Burnett was afterwards governor of Cali- fornia, Willard P. Hall was governor of Missouri, and Isaac C. Parker, James Craig and James N. Burnes went to Congress. Judge Parker ended his days as United States judge at Fort Smith, Arkansas.
In 1872, S. Alexander Young, brother of the late Waller Young, and of the then existing law firm of Woodson, Vineyard & Young, was elected the first prosecuting attorney of Buchanan County. He resigned before the expiration of his term, and James P. Thomas, now probate judge, was appointed to serve out the unexpired period.
Judge Henry M. Ramey held the office for four years, 1874-78, and was succeeded by Willard P. Hall, Jr. Oliver M. Spencer prosecuted during 1880-82, Thomas F. Ryan, 1882-84; James W. Boyd, 1884-86; Benjamin J. Woodson, 1886-88; William M. Sher- wood, 1888-90; Lawrence A. Vories, 1890-92; Romulus E. Culver, 1892-94; Albert B. Duncan, 1894-96; William B. Norris, 1896-98 ; James W. Mytton, 1898-1902; Lewis C. Gabbert, 1902-04; John D. McNeely, 1904-06; C. F. Keller, 1906-10; C. E. Ferrell, 1910-14; Oscar D. McDaniel, 1914-
CIRCUIT CLERKS-The first entry on the record of the circuit court for Buchanan County recites the appointment, by Judge Aus- tin A. King, of Edwin Toole as "clerk of the circuit court," with power and authority to discharge the duties of said office until the general election in the year 1840. This order was made on Febru- ary 13, 1839, and Mr. Toole at once began the work of preparing
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for the first term of court, to be held the following July. In 1840 Mr. Toole was succeeded by William Fowler, who held the position until 1852, being at the same time county clerk.
William Ridenbaugh was clerk of the circuit court from 1852 to 1862, when he was succeeded by William C. Toole, who served two years. Frank G. Hopkins served from 1864 to 1870 and was succeeded by William Ridenbaugh, who held the place for three years, dying in office. C. C. Colt served out Mr. Ridenbaugh's term and was succeeded by J. H. R. Cundiff, who held the office from 1874 to 1878, and was in turn succeeded by Samuel D. Cowan, who held the office until 1894. John T. Chestnut, the next incum- bent, was elected for a second term of four years in November, 1898. He was succeeded by Ambrose Patton, 1902-10; Ross C. Cox, the present incumbent was elected in 1910 and again in 1914.
SHERIFFS-When Governor Boggs appointed the first judges of the Buchanan county court he also appointed a sheriff, Samuel M. Gilmore. Mr. Gilmore held the office until 1843, when he was succeeded by George W. Taylor, who served until 1846. The next four years saw William B. Reynolds in the office, who was suc- ceeded in 1850 by Leander T. Ellis. Joseph B. Smith served from 1852 to 1856, when Solomon N. Sheridan took the office. Mr. Sheridan did not serve out his term, and was succeeded by James A. Matney. Michael D. Morgan served from 1858 to 1861, when he resigned to go to war. Samuel Ensworth was appointed to serve out the term. Enos Craig was elected and served 1862-64. In 1864-66, Ransom Ridge was sheriff. Irvin Fish served in 1866-68. Dr. R. P. Richardson filled the office for the next two years and was succeeded by Col. Elijah Gates, who served in 1870-74. James L. Spencer, better known as "Fay" Spencer, succeeded Colonel Gates with four years, and Robert H. Thomas followed Mr. Spen- cer, serving four years also.
In 1884, John H. Carey took the office. In November of 1886 he was defeated for a second term by Joseph Andriano, the vote being 295 in favor of the latter. Mr. Carey refused to give up the office on the ground that Mr. Andriano was inelligible, and, on November 13, notified Mr. Andriano that he intended to contest the election, for the reason that he (Carey) had been creditably in- formed that Andriano was an alien and not a citizen of the United States. This was a surprise of Mr. Andriano, who had lived in St. Joseph thirty-six years, held city offices and served three years in the Union army. However, he engaged counsel and prepared for the contest. The case came up before Judge Oliver M. Spencer in the Buchanan County circuit court, who, on January 23, 1887, de- cided in favor of Mr. Carey. The first paragraph of Judge Spen- cer's decision reads as follows :
"The decision in this case depends alone upon the citizenship of the defendant. From the testimony of the defendant himself, who was the only witness examined, it appears that he was born at
S
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Heidelberg, Germany, on the 15th day of October, 1841. When he reached the age of seven, he, together with his parents, immigrated to the United States. In 1854, while the defendant was still a minor, his parents were naturalized. The defendant never at any time declared his intention to become a citizen of the United States ; never renounced his allegiance to the government of Germany, 01 took the oath of allegiance to this country. He depends alone upon the naturalization of his parents to make him a citizen."
Judge Spencer decided at length, and with numerous citations, that Andriano was not a citizen of the United States under the evi- dence and the circumstances. The case was at once appealed to the supreme court and the decision reversed.
Sheriff Andriano took the office early in May of 1887 and held it until January, 1889, when he was succeeded by Eugene H. Spratt, who subsequently served four years. Charles W. Carson then served two years and was succeeded in January, 1893, by Joseph Andriano, who in turn was succeeded January, 1895, by James Hull, who served until the end of 1900 when he was succeeded by Martin L. Spencer. He was followed by James M. Sampson, 1904, Otto Theisen, 1908; C. H. Jones, 1912 to date.
COUNTY CLERKS-William Fowler was appointed county clerk at the first meeting of the Buchanan county court, held at the house of Richard Hill, on the first Monday in April, 1839, and served under this appointment until the election in 1840, when he was elected and thereafter was re-elected repeatedly until 1852, being succeeded by Milton H. Wash, who served until 1858. From 1858 to 1864 the office was held by Isaac Van Riley. Willis M. Sher- wood succeeded Mr. Riley, serving until 1870, when John B. Harder took the office. Mr. Harder served three years and some months and died while in office. His unexpired term was filled by John T. Ransom. I. Van Riley was again elected in November, 1874, and took charge January, 1875. In the following April he died, and his son, Edward Van Riley, was appointed. E. Van Riley served out the remaining portion of his father's term and was then elected, holding the office until 1884. Phillip Rogers was the next clerk, serving in 1884-92. He was succeeded by T. Ed Camp- bell, who died May 3, 1893. Waller Young was appointed by Gov- ernor Stone to serve until the next election, November, 1894.
The opposing candidates at the election of 1894 were Enos Craig, Republican, and Robert M. Nash, Democrat. The returning board showed that Mr. Craig had a majority of one vote. Mr. Nash was satisfied, but the leaders of his party urged him to contest the election. He declined to do this until various defeated candidates of the Republican ticket had instituted proceedings for a recount of votes. As a result of this recount Nash had a majority of eighty votes over Craig. On January 7, 1895, Craig took charge of the office under his certificate from the governor, based upon the first count. On February 19, 1895, Judge A. M. Woodson of the circuit
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court decided that Nash was entitled to the office. Craig filed notice of appeal and gave an appeal bond. Nash applied for a writ of ouster, but Craig's attorneys set up the claim that the appeal bond constituted a supersedeas to the writ of ouster and appealed to the supreme court for a writ of prohibition upon the writ of ouster. Judge McFarland of the supreme court decided that the appeal bond was not a supersedeas to the writ of ouster and that the writ of ouster must prevail. Thereupon Judge Woodson ordered the sheriff to place Nash in office. This was done, but Nash's troubles were not over yet, for the two Republican members of the county court, Judges Keene and Sleppy, refused to approve his bond or to recognize him as clerk. However, it was soon legally decided that the county court could not sit without a clerk, and so the judges bowed to the inevitable. The case which Craig had appealed to the supreme court was afterward decided against him.
Craig and Nash again opposed each other for this office in November, 1898, and Nash was elected by 900 majority. Sterling Price Smith was elected in 1902, and Joseph E. Hunt, the present (1915) incumbent, succeeded to the office in 1910.
COLLECTORS-The sheriff was ex-officio county collector and tax gatherer until 1864. Thomas Harbine was the first incuumbent of the office, serving 1864-68. The office was then filled as follows : John Pinger, 1868-70; Robert F. Maxwell, 1870-72; Talbot Fair- leigh, 1872-74; Thomas J. Burgess, 1874-76; Milton M. Clagett, 1876-78; Randolph T. Davis, 1878-82; Tandy H. Trice, 1882-88 ; James Hull, 1888-92. George H. Hall, Jr., served 1892 to April 23, 1895, when he resigned, having defaulted. Governor Stone ap- pointed Edward J. Breen to serve out the term. Eugene H. Spratt was elected November, 1896, and again in November, 1898. Ben- jamin L. Helsley was elected in 1898; William M. Dougherty in 1904; Richard D. Fulks in 1910. He was re-elected in 1914.
*
CORONERS-Up to 1852 this office was held at different times by William H. Ridenbaugh, Benjamin B. Hartwell and David V. Thompson. The following were the other incumbents: David J. Heaton, 1852-54; Wm. R. Penick, 1854-58; Josiah H. Crane, 1858-60; R. F. Maxwell, 1862-64; John A. Dolman, 1862-64; Thomas Young, 1864-66; Dr. John T. Berghoff, 1866-70; Dr. C. J. Siemens, 1870-72; Dr. Samuel Goslee, 1872-74; Dr. Hugh Trevor, 1874-80 ; Dr. J. W. Heddens, 1880-82; Dr. P. J. Kirschner, 1882-86; Dr. J. W. Stringfellow, 1886-88; Dr. W. L. Whittington, 1888-92; Dr. S. D. Reynolds, 1892-94; Dr. J. W. Islaub, 1894-96; Dr. W. Spier Richmond, 1896-1900; Dr. John M. Doyle, 1900-04; Dr. J. J. Bansbach, 1904-06; Dr. C. F. Byrd, 1906-12; Dr. Thomas J. Lynch, 1912-
RECORDERS-The circuit clerk was recorder of deeds up to 1865. The first recorder was George A. Pearcy, who served 1865-
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74; Thomas Kelly served 1874-75; Michael Crawford, 1875-78; James Millan, 1878-80; Thomas N. Finch, 1880-90; Joel E. Gates, 1890-98; Joseph N. Karnes, 1898-1906; John J. Downey, 1906-14; Harry C. Yates, 1914- -
TREASURERS-The following have filled the office of county treasurer in the past: James A. Anthony, 1840-50; John Curd, 1850-62; George Lyon, 1862-70; Gustavus H. Koch, 1870-74; John Williams, 1874-78 ; James Hull, 1878-80 ; John T. Ransom, 1880-82; James Hull, 1882-86; T. Ed Campbell, 1886-90; Joseph Andriano, 1890-92; John B. Corbett, 1892-94. Harry Cox was elected for 1894-96, but the office was filled by Richard Horigan, who fur- nished the bond for Cox. Ishmael Davis served 1896-1900; Nathan D. Goff, 1900-04; S. W. Starrett, 1904-06; G. M. Allison, 1906-10; W. H. Frans, 1912-
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