History of Cass County, Missouri, Part 14

Author: Glenn, Allen
Publication date: 1917
Publisher: Topeka, Kan : Historical Publishing Co.
Number of Pages: 904


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1843 Months


As early as 1840 discord arose here in this sparsely settled country among professed Christians. Earnest efforts were made, and His grace freely sought, to bring about reconciliation of the discordant elements, but to no avail. Strange to say one of the bones of contention in the churches was the violent opposition on the part of some to "those new institutions, commonly called benevolent or missionary practices." Some said "When the triumvirate of unhallowed spirits combine their wily influences, then we see coldness in religion." But a short time follow- ing we see these same parties the most ardent of supporters of all benevolences and missionary movements.


Probably the first general church meeting of any Protestant denomi- nations held in the limits of Cass County was the Blue River Baptist Association. This was held at Hopewell-the present Harrisonville Baptist church-on September 17, 1842. Rev. Jeremiah Farmer preached the introductory sermon. Fifteen churches were represented, some of them more than a hundred miles distant. These delegates did not come (12)


Light- Da


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in aeroplanes nor automobiles, but some walked, while the more opulent came horse-back. The ordained ministers at this meeting were besides the three Farmers and A. P. Williams, Rev. Joab Powell, John Jackson, Joseph White, William White, Benjamine White and Lewis Franklin, all of sainted memory. At the meeting of this body in 1851, we find great change relative missionary work was wrought. These faithful ministers and laymen reported as follows: "We have reviewed our past labors in the missionary cause with devout thanks to God for suc- cess with which our efforts have been crowned. But while our present system has done much in stirring up to a sense of our duty in sending the gospel to the destitute, it does not fully provide for their supply." It was recommended and adopted that a committee constituted of one from each church to carry into effect the expressed will of the body. The names on this committee suggest memories of many faithful of the clergy and laymen, among the very earliest settlers of our country- many who gave their lives to the upbuilding of church and State. Such devotion and loyalty to His cause deserves the admiration of all and profound honor of all Christ loving peoples.


In the advance of our country, religion has had much to do. Actuated by divine impulses thousands of our early settlers enrolled themselves upon the records of the churches and pledged to obey the gospel and live according to higher admonitions of the human soul. Moving west- ward the mantle of Christianity fell upon our ancestors and predeces- sors. The seeds of that divine principal were transplanted here and grew in the hearts of our people. Like the central orb of day, which rises in glory over the plains of Bethlehem, and sends his shining light onward over the continents, the oceans, and the isles of the sea, heralding the eternal will of all creatures; so does the Savior of mankind, the great moral light of the world, stand in history, back of the dim ages of the past, from his effulgent soul shine forth, over the ages and the continents, the divine light of the eternal Father of the race. These faithful of the early ministry, who planted among us the glad tidings, from this Jesus of Nazarath, the loftiest spirit humanity ever reared upon earth, "Who spake as never man spake," through whom and to whom we trace the religion of our country. These men have wrought an exceedingly great work and on which the moral and religious advance- ment of our people have kept pace with the material and intellectual development of any country.


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Churches have multiplied with all denominations, and vast num- bers of communicants stand in place of this mere handful at the begin- ning. These pioneer preachers were not possessed of classical or theo- logical education, nor gifted in oratory, few preachers since have been more successful in winning converts for the Master. They generally were possessed of good native talent, strange reasoning powers, with fair self-education and held the confidence of the peoples among whom they wrought. Plain, faithful, earnest and unpretentious, these men labored on until called up higher. As their bones rest in the soil they redeemed, and in the hallowed memory of those who enjoy the blessings they left, we are reminded of the prophesy of Ezekiel, "And he said unto me, son of man, can these bones live? And I answered, O! Lord God, thou knowest. Again he said unto me, prophesy upon these bones, and say unto them, O, ye dry bones, hear the word of the Lord. Thus saith the Lord God unto these bones: Behold I will cause breath to enter into you and ye shall live. And I will lay sinews upon you, and will bring up flesh upon you, and cover you with skin, and put breath in you and ye shall live; and ye shall know that I am the Lord. So I prophe- sied as I was commanded, and as I prophesied there was a noise and behold a shaking, and the bones came together, bone to his bone. And when I beheld, lo, the sinews and the flesh came up, upon them, the skin covered them above; but there was no breath in them. Then said he unto me, prophesy unto the wind, prophesy son of man, and say to the wind, thus saith the Lord God; come from the four winds, O, breath, and breathe upon these slain, that they may live. So I prophesied as he commanded me, and the breath came unto them and they lived, and stood up, upon their feet, an exceeding great army." So these dead patriots to God and country will rise and we will see them as they are.


One writing of the country church in poetic language has said:


"Far from the splendor and grandeur of things,


The roar of the cities, the throngs of the street; Under the trees where the glad robin sings, It sits like a mother whose smile is so sweet, There's a yard all around it with carpet of green,


And groves in the rear, and a willow and oak,


And the peace of God's love seems to hallow the scene, The old country church where faith lifted our yoke.


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"They built it of frame, the brave fathers of old, A structure so plain and so simple and straight; But it glows in our dreams like a temple of gold, With no watchman to guard it at door or at gate; For it stood at the cross roads, a haven of rest, A refuge from sin and the care of this life, For all who came by, on whatever strange quest, The old country church, far away from all strife.


"Ah, generations have passed through its door, And the moss on the flagstone is deep as 'tis soft, And the ivy clings close where the house martens soar, And the old bell is swinging up there in the loft; So quiet and gentle in its far green retreat, The old country church where our fathers received The oracles sent on love's message sweet In the days when none doubted and all men believed.


"There's a song through the windows, an old mission tune, And the queer organ rattles a bit as they play- But the old country church by its cross-road of Is guiding the old and the young the right way ; It is clasping them all to its bosom again, The weary that wander to seek the world's prize, The evil and good of the earth's brood of men- The old country church, with its tender sweet ties."


AMISH MENNONITE CHURCH IN CASS COUNTY.


(By A. J. Hartzler.)


The above named church was organized in the spring of 1866 by the following members: J. C. Kenagy (bishop), Solomon Yoder, C. P. Yoder and Jacob King.


Those moving here later in 1866 were Abraham Yoder, David Sharp and Stephen Kauffman. In 1867 came Reuben Yoder, John Kenagy, Peter Troyer and Isaac King. In 1868 Solomon King, Isaac M. Yoder, J. K. Zook, M. K. Zook and J. B. Schrock came. All the above came with their families from the States of Pennsylvania, Ohio, Indiana and Michigan.


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More members came from time to time, until at the time of Bishop J. C. Kenagy's death, March 6, 1894, and later, there were three hundred and fifty members, but at the present time (1917) there are about two hundred and ninety members, caused by wanting cheaper homes and other causes.


This congregation held their meetings for about two years in private houses, then for several years in the Smith school house. In the year 1870 they built the church known as the Clear Fork church, where they worshipped until 1883, when the Sycamore church was built, and it is their present place of worship.


There are at present two bishops, J. J. Hartzler and I. G. Hartzler, who, also, have the oversight of other churches in Arkansas, Kansas and Oklahoma. There are two ministers, L. J. Miller and S. S. Hersh- berger, the former has done considerable evangelical work in other fields.


Let us hope that this church may not have been in vain, in the moral and spiritual uplift of humanity, in this community, for what would Cass County be without her churches ?


CHAPTER XXXI.


BENCH AND BAR.


EARLY LAWYERS-LATER ATTORNEYS-CHARLES SIMS-R. L. Y. PEYTON-NOAH M. GIVAN-CHARLES W. SLOAN-DANIEL K. HALL-JAMES S. WOOLDRIDGE- ROBERT T. RAILEY-WILLIAM J. TERRELL-JOHN L. MORRISON-ANDREW A. WHITSITT-CIRCUIT JUDGES.


The characteristics of the very early bar of the county is at this date forever lost. The names of some are recalled. There is Joel Snyder, E. P. West and Charles Sims, recalled as resident lawyers. Russell Hicks, Abraham Comingo, William Crissman, J. Brown Hovey, Judge Henderson Young and the Mills and Sam C. Owen, and others whose names have passed out of memory, who made the circuit of our county from Independence and Lexington. These towns were, at an early day, the center trade and the seat of distinguished jurists, doctors and clergy- men. All of these men were strong in natural traits as well as learned in the law. In many characteristics have never been excelled by their suc- cessors. They left their imprint on the growth and development of the county. In later years, and in some respects cotemporary with these came R. L. Y. Peyton, R. O. Boggess, W. J. Terrell, H. P. Mather, James S. Wooldridge, Mr. Parker, Moses Bowden, Josiah Bowden, John F. Lawder, Mr. Hines, J. R. Cline, H. Clay Daniel, who at diverse times resided at Harrisonville, and John L. Morrison, Robert Adams and L. M. Trumbell, who resided at Pleasant Hill.


Later in date was Charles W. Sloan, Robert T. Railey, Oscar W. Byram, William S. Byram, James Travis Burney, William L. Jarrott, Andrew A. Whitsitt, D. C. Barnett, W. L. P. Burney, Allen Glenn, Joseph D. Lisle, Noah M. Givan, Daniel K. Hall, James Armstrong, Gage S. Spring, Jerry Culbertson, Thomas N. Haynes, James S. Brierly, George


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Bird, A. L. Burney, W. D. Summers and George M. Summers, Samuel W. Hoover, J. R. Nicholson, Allen B. Glenn, Leslie M. Crouch, John A. Davis, Charles W. Hight and doubtless others now overlooked, all resided in Harrisonville. At Pleasant Hill there resided Allen M. Sterns, T. H. Cloud, Porter, Leslie A. Bruce and George R. Chamberlin. At Belton, James H. Houston, W. P. Houston, George B. Strother, Charles M. Wil- liams and Samuel B. Strother. R. H. Ross resided at Creighton. Joseph H. Page near Garden City. A. L. Graves and James W. Denny at Garden City and J. J. Berry at Archie.


Among these attorneys there were many unique characters, and some arose to that degree of distinction requiring special mention. West and Snyder of the very early date, neither of whom were specially dis- tinguished by great acts and deeds, but both of strong mind and forceful characters. Both did much in their quiet ways to shape the destinies of the country, and each were credit to the country, to their homes and to the times in which they lived. Sims was probably one of the most influential men of the list named. Reared in the country, with limited education, with few books and without extensive experience, pushed him- self to front at the bar and in politics. In 1846 Sims ran against Hugh G. Glenn for the State Senate and was elected by eight votes. The dis- trict then composed of nearly a quarter of the State in area, in south- west Missouri. As a member of the legislative body of the State, Mr. Sims was an active and influential member. His ability was always considered high. Sims was nominated on the dominant party ticket for lieutenant governor of the State in 1856, but refused to accept the nomination. He was tricky in his law practice. It is told of him that, called to defend a man charged with murder, the defendant was also wounded slightly in the fight. When Sims arrived at a country home, he found the prisoner under guard by the sheriff and a deputy. He pronounced his client dangerously wounded, sent the sheriff for the prisoner's mother, a few miles off, and after the sheriff was gone, sent the deputy in posthaste for a doctor. When the sheriff with the mother, and the deputy with the doctor arrived, the prisoner, well armed, on a fleet horse of Sims was several hours ahead on his way to Texas. This prisoner never was heard of. Sims became wealthy, for wealth of those days. He moved to New York City, lost his property and some- time after the war of the rebellion returned to western Missouri. In later years drink got the best of him and he met an untimely death. He was his own murderer.


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HISTORY OF CASS COUNTY


R. L. Y. Peyton was born in old Virginia in 1822. Disappointed in an early love affair, he drifted west and settled in Cass County, Missouri, as early as 1844. Peyton was a highly educated man, having attended the best colleges of the east. A thorough classic scholar. He was a polished gentleman and a brilliant orator. He at once took high rank as a lawyer in western Missouri. Especially was he recognized as a great orator and advocate. He ranked with such men as Hicks, Young, French and Ryland of his day. These men were eminent in ability, learning, integrity and everything that goes to make men great in character and grand manhood. Notwithstanding he had been brought up in luxuries, and 'midst all the refinements and social pleasures of virginia's oldest aristocracy, and by such rearing and training was so well fitted both by nature and education to shine in, and adorn society, after settling here he became a recluse and for years rarely entered society at all. His fame so spread that he soon became engaged in the most important trials, both criminal and civil, in the surround- ing counties of Pettis, Lafayette, Jackson, Johnson, Cass, Henry, Bates, Vernon, Hickory, St. Clair, Polk and Cedar.


In those days the lawyer traveled the circuit. In 1858 he formed a law partnership with R. O. Boggess, which continued until Mr. Peyton's death. Peyton was always gentle, kind, affectionate and pure in thought and yet as ambitious as any man. His ambition was kind in character and so as never to offend. He was ambitious to enjoy the confidence of the people, employed in the public service, in the field of thought, the halls of legislation, the judicial forum, where his great genius as an orator and advocate might shine and reflect its benefits upon people for whose peace, happiness and prosperity his soul ever yearned. He used no blandishment common to the ordinary politician. His efforts for promotion were based solely and confidently on his own merits. He never married-had no family-had no ambition to accumulate wealth. His wants were simple and few, a sufficiency of this world's goods to supply them, satisfied him. Being thus easily satisfied he rarely, if ever, exhibited any great degree of energy in business. Some considered him physically lazy. He never did today what could be postponed to another date. Persons entrusting business to him sometimes became fearful he was not looking after the details. Nothwithstanding this seeming carelessness he never forgot and never neglected proper prep- aration for the skillful and generally successful trial of the cases com-


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OLD COURT HOUSE, HARRISONVILLE, MO.


hof


LAYING CORNER STONE OF NEW COURT HOUSE.


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mitted to his charge. His library was small. In those days elementary books were mostly used and he had in his early studies mastered the principals laid down. When he referred to opinions or precedents, he generally took one leading and controlling case. He wrote few instruc- tions and what he did write read like a paragraph from an essay. His powers of generalization and presentation of facts, with his captivating and persuasive style of oratory, were such as hardly any adversary could meet, or jury withstand.


Peyton at one time became a candidate for circuit attorney and was beaten by Samuel L. Sawyer of Jackson County and in 1855 became a candidate for the State Legislature and was beaten by Joel Snyder. His defeat in each instance was explained by his getting into the race too late. In 1858 he was elected to the State Senate. He distinguished himself in the State Senate as he has always done at the bar. He was a Democrat of the Calhoun school. He never doubted but Hayne had the best of the struggle, in his memorable debate with Webster. It follows he was a secessionist and cast his fortunes with the South. He entered the Confederate army, but his military career was short. He was elected to the Confederate Senate from Missouri, by the Legislature, convened at Neosho, early in the winter of 1861. He served well in the Confederate Senate, taking high station in all the big things done by that body. He died a comparatively young man in Alabama in 1863. He seemed to foresee the magnitude of that fearful struggle. He said to a friend on his departure for Richmond, Virginia, that "the man with a beard would be fortunate who lived to see its end."


Noah M. Givan was born in Dearborn County, Indiana, December 1, 1840. He was educated at Franklin College, Indiana, and the Univer- sity of Indiana at Bloomington. He taught school in Indiana in his younger days. In 1865 he was editor of the Lawrenceburg Register. He held the office of school examiner for three years in his native state and served as deputy county treasurer of Dearborn County for two years. In 1866 he removed to Harrisonville, Cass County, Missouri, and in 1867 became editor of the Cass County Herald or sometimes referred to as the Democratic Herald, the first Democratic paper in Cass County after the war. He was in the active practice of the law until 1877 when he was elected judge of the then seventh judicial circuit. He proved a successful and just judge. During his active practice he was one of the foremost practitioners and always recognized as an able high minded


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and fair advocate. He was a consistent Democrat from the day of his first vote to the day of his death. He was married to Lizzie Jackson on August 7, 1862. His wife was likewise born in Dearborn County, Indiana, on January 15, 1840. There were four children born of this union, only one of whom survive, Mabel G. Allen, a daughter. Judge Givan was reared a Baptist, and lead a consistent Christian life to his death. His widow is now a member of the First Baptist church of Harrisonville, Missouri.


In 1868 he was delegate to the National Democratic Convention in New York, which nominated Seymour and Blair, for president and vice-president. Givan casting his ballot for Hon. Thomas A. Hendricks throughout the session. He was a prominant Mason, known through- out the State. He passed the grades of Masonic offices to the highest in the State. He held all the offices of the local Masonic bodies of Harrisonville.


He was a member of many orders of the State whose purposes were the uplift of humanity and glory of God; he was clerk of Blue River Association at its meeting with Lone Jack church in 1874. He served as moderator of Blue River Baptist Association continuously from 1892 to the date of his death. No more faithful and efficient servant of the Master ever lived. His time, his strength, and his means, were ready whenever need appeared. He did not wait for opportunities to do good -he sought to find some opportunity to make the world and community in which he lived, a better place for all mankind. The local church of which he was a member owes much of its present efficiency to Judge Givan's care, oversight and labor, always freely given that his Master might be honored and His cause glorified.


He passed to his reward, in the prime of life and usefulness, at St. Louis, Missouri, in October, 1907. No higher eulogy can be paid man than to say "He was a good man and will ever be affectionately loved by those who knew him" and remembered by their children and children's children. This can be said of Judge Givan. Indeed he was a Christian gentleman, a fair and wise judge an excellent lawyer and an exemplary citizen.


Charles W. Sloan was born in Lafayette County, Missouri, on December 24, 1842. He was of Scotch-Irish ancestry. His father, Robert Sloan, was born in Tennessee and moved to Cass County, Mis- souri, in early life. The father of Judge Sloan was a Presbyterian min-


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ister and his mother, Margaret Davidson Ewing Sloan, was a Presby- terian and known well wherever their church was known. The Ewings, ancestors of Judge Sloan, were known and recognized as the organizers of the Cumberland Presbyterian church.


Judge Sloan was reared on his father's farm near Peculiar, Cass County, Missouri. His education was obtained at the common schools of the county and the Jefferson City high school. He studied law in the office of his uncle, Judge Ephraim B. Ewing, at Jefferson City. In those days it was the custom to learn law in a lawyers office instead of a law school. The present day preparant for the law has much the advantage over the old time law student.


During the war Judge Sloan was much about Jefferson City, St. Louis and Kansas City. It was quite unhealthy for males near man- hood to be in the country. Maurading bands, claiming to one person to belong to one side of the unfortunate struggle, and to another to belong to the other side, all the time being the same murdering thieving band.


In 1866 with R. O. Boggess opened an office in Harrisonville to practice law and made a success in his profession. He was a Democrat in politics. He united with the Cumberland Presbyterian church in 1870, the church of his parents. All know how well and faithfully he served this church at Harrisonville to the day of his death. He literally fell asleep in the harness of his Master.


Judge Sloan was a Mason in high standing, having passed to all the grades of office in the several Masonic bodies of the county up to and including the Knights Templar. Long and well did he serve the com- mandery as its prelate. He was married twice-first to Miss Alice Pat- ton, April 8, 1875 .. This wife died December 10, 1875. No children survived this union. He was married the second time on the 30th day of January, 1880, to Miss Jennie Todd.


Judge Sloan died at his home in Harrisonville in the active prac- tice of his profession at an advanced age on the 17th day of May, 1916. He was elected and presided as judge of the Seventh Judicial Circuit of Missouri from 1886 to 1892. He was a just judge, and all who knew him loved him for his upright character, whether in public or private life. He left surviving him his widow, Mrs. Jennie Sloan, an unmar- ried daughter, Miss Helen Todd Sloan, and a married daughter, Mrs. Florence S. Vaughn, and Mrs. Vaughn's four children.


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Judge Sloan was an exemplary Christian gentleman and citizen and an honor to his profession and country.


Daniel K. Hall, one of our early lawyers, was a native of Indiana. He was born in Dearborn County, that State, on September 5, 1843. He practiced law in Harrisonville for many years and for the most of that time was a partner of his nephew, the late Judge Noah M. Givan. Captain Hall was reared in Indiana and educated at Franklin College of that State, and also attended the Danville Academy at Danville, Illinois. He taught school to work his way through college. He studied law in the office of A. E. Payne, of Monmouth, Illinois, for six months and after that became a student under and in the office of J. T. Morgan. He was admitted to the bar by the Supreme Court of Illinois in May, 1860. He began the practice of his profession at Taylorville, Illinois.


In the month of July, 1861, his practice was cut short by enlisting in the Federal Army. He was soon commissioned first lieutenant of Company G, Forty-first Illinois Regiment. He participated in the fol- lowing battles of the war: Fort Donelson, Pittsburgh Landing, siege of Vicksburg and Jackson, Miss. He was wounded in the hip and was compelled to retire from active field duty. In May, 1864, he was com- missioned commissary captain, which office he filled to the close of the war.


Mr. Hall returned from the war to his old home, thence removed to Mercer County, Illinois, and after a short residence there came to Cass County, Missouri, where he made his home to the date of his death. He was a successful lawyer until 1880, after which year he gradually gave up his practice to care for his estate. By thrift and hard work Captain Hall accumulated quite an estate. At his death his estate ex- ceeded a quarter of a million dollars.




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