USA > Missouri > Cass County > History of Cass County, Missouri > Part 19
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THOS. B. ARNETT, Co. Clerk.'
"May 1, 1837, John Cook was appointed to superintend the building of the court house. At the same time the above order for building the court house was rescinded and a new order made, but the clerk did not spread it upon the record.
"The first regular term of the county court, which was held in Har- risonville, was held August 7, 1837. At that term the order was made for the levy of taxes for the year 1837, and it is about as clear as the one made the year previous. It is as follows: 'On motion it is ordered by the Court of Assessment that two hundred per centum Be leved on the State tax for the year 1837 for county purposes.'
"The following order made on the same day explains itself. At least, if it does not, I shall not stop here to explain it: 'On motion it is ordered that Jamison D. Dickey be appointed as agent to superintend and contract with some Purson to draw a warrant on the Auditor of public accounts of the State of Missouri to bring or forward on the road and canal funds to the Co. of Van Buren in which said county are entitled to from said funds and report the same to this office as quick as pos- sible.' As Judge Dickey was president of the court which made this order, he probably knew what the court wished him to do; but he cer- tainly could not tell what was expected of him from the order alone as it appears on record.
"November 6, 1837, court was held at the house of Lorenzo E. Dickey. On that day the following order was made: 'On motion of the court it
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was ordered That the Clerk purchase of H. F. Baker, Four Blank Books for the use of the Clerk's office, said books are procured at Eight Dollars & 50 cts. Whereupon a warrant is struck to said Baker for the same.'
"From the date of the above it would seem that the court house was not 'compleated' by the first day of October, nor by the 6th of November ; but before the next term of court held after that, it was completed. The first term held in the new court house was held February 5, 1838. The records of the court fail to show what the cost of the building was. Per- haps this should not be mentioned lest some enterprising newspaperman may conclude there was a steal in it, and begin to demand an investiga- tion and to traduce the characters of the then county judges. How- ever, as the politics of those men is not known, and no political capital can be made out of it, you may be able to keep the matter quiet. On the day last named the following characteristic entry was made, which is worth preserving: 'On motion it is ordered that the estate and Ad- ministrator of Joseph Frost Decest be stopt thor being No more goods and Effects belongin To said Estate than what comes to the Widow's dower.'
On the day following, February 6, 1838, an order was made to build a jail. The order commences as follows: 'On motion it is ordered that a jail be built in the town of Harrisonville on the following skale, to-wit.' Then follows the plan and specifications very much after the same style as that of the court house above described. One peculiarity in this is the manner of spelling the word roof. He invariably spells it r-o-u-g-h-f. The plan and specifications are somewhat lengthy and are not copied here, but it will repay a perusal by the curious. It will be found on page 51 of book A. Mr. Arnett almost invariably spelled term with a 'u.' Samuel Wilson was appointed superintendent of the building of the jail.
"Almost everybody has heard of the celebrated order made in refer- ence to laying out a road in fly time. It was made June 18, 1838, and is on page 64 of book A. It is as follows: 'On motion and on peti- tion it is ordered that a review of a road be made running from Har- risonville the neardest, And best rout to Harmony Mission in Bates county. It is further ordered that John Parsons, David Hugt and James Porter be appointed as reviewers of said road And that thea review the same according to law and make their report if practible at the August
(16)
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turm of said court and if not practible, on account of Hot weather and flys, then to make their report at the Nov. turn without fail.'
"James Williams was allowed sixty dollars for assessing Van Buren and Bates counties in 1838. The two counties then included all the ter-
ritory between the Jackson County line and the Osage River. That salary now would somewhat dampen the aspirations of our candidates for assessor. And although officers are not accustomed to resigning these days, yet if his salary were reduced to that, doubtless Assessor Jackson would at once tender his resignation.
"In book A, page 67-after the order adjourning the court is made and signed-we find the following entry, which is worth preserving: 'It is further ordered by a virble contract of the Judges of the County Court that Paschal Cook shall Put one additional door to the court hous for which the court agree to give him ten dollars for the same.'
"From the records it would seem that the Mormon troubles existed here as late as 1839, as will appear from the following entry of record made February 4, 1839: 'On motion it is ordered that a writ be Issued fourthwith from this office Against Daniel Francis as Admr. of the Estate of Thomas Wiles late of Van Buren Co., Decest, whoreupon the said Francis did administer the same by filing his bond with approved secur- ity, and now at this day came the securities and prays A release on the same on the followen reasons, to-witts: that the said Francis Admr. on the estate of Thos. Wiles, late of said Co., Decest, sold property without requiring security for some time and then took very sorry security. Also he is a Mormon and has got of late considerable ill-will of the people. And we are afread he might be run off.
RHEUBIN COLLINS and JOHN C. DAVIS. (Seal.)"
"On the seventh of February, 1839, an order was made for the build- ing of a clerk's office, sixteen feet square, of brick and stone. The plan and specifications are of the same style as those of the court house above copied. The order is on page 78, book A, and concludes as follows: 'Said building is to be compleated Redy for the reception of the Co. court at ther Nov. turm of 1839 or the undertaker being the defalter shal be at the mercy of the court to surrender what work he has done and loos his pay for the same.'
"Prior to 1838-39 there was no law allowing grand jurors any com-
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pensation for their services. They were required to serve free of charge. The Legislature of that year enacted a law allowing them one dollar per day and mileage. This incurred the displeasure of the county court of Van Buren County, whereupon the following order was made, of date August 5, 1839: 'On motion it is ordered that pursuant to an act past at the last General Assembly of the State of Missouri granting of Grand Jurors the wright of pay for their services is hereby rejected and this court say that the Grand Jurors of this county shall not be allowed pay hereafter.' I believe this order was subsequently so modified as to sub- mit the question to the people. On the same day the court made the fol- lowing order: 'On motion it is ordered that the act entitled an act granting of License for dramshops, approved February the 13th, 1839, be and the same is hereby rejected by the county court of Van Buren Co., at the August Term of 1839.' This order was subsequently rescinded. These orders were made before the days of Doorkeeper Fritzhue, of Texas, who said, 'he was a bigger man than old Grant,' but it may be said that the county court in making them had enlarged views of their power and authority when they assumed to nullify the laws of the State.
"The county clerk was allowed six dollars for making out the tax books for the year 1839. What would our county clerk now think of that kind of an allowance? Mr. Arnett ceased to be clerk in 1839, and Archilles Easly was clerk pro tem. at the February and April terms, 1840. At the May term James C. Kackson was the clerk. After Mr. Arnett's retirement the manner of keeping the records changed mate- rially, and the change was a decided improvement.
"November 31, 1840, John D. Son was granted license to keep a ferry on the Osage River. March 8, 1841, Samuel Wilson obtained license to keep an inn, or tavern, in Harrisonville.
"In 1841 the settlement with the collector showed a delinquency of $59.39 State tax, and $86.09 county tax. We would call that a small delinquency now, but when it is learned that the entire tax duplicate for that year was only $545.10, it is found that more than one-fourth of the taxes were unpaid. The clerk was allowed $8.76 for making out the tax books of 1841.
"August 8, 1841, 'Samuel L. Sawyer was allowed for his account of $5 against the county.' It will be observed that this account is not itemized, nor does the record show what it was for. These things will,
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doubtless, have to be explained by Judge Sawyer when he runs for Con- gress again.
"On the same day we find the following entry: 'Phillip D. Brooks, deputy clerk, is fined $1 for contempt of court, and the same is charged against John M. Clark, sheriff.'
"For the benefit of the doctors, who sometimes follow their patients into the probate court, the copy of a demand presented on the 4th day of November, 1839, is here given. It is in words and figures as follow- ing, to-wit: 'Thomas D. Porter, deceased, to P. Talbatt, Dr., January 8, 1839, doctrinal visit, riding 18 miles, vehement medical attention 12 hours, medical prescription, $10.00; January 8, to visit ride surgical operation 2 days attention medical prescription, $20.00. P. Talbatt.'
"The first entry in reference to the building of the present court house, which we today occupy, was made February 13, 1843, when Charles Sims was appointed to prepare and submit at the next term the probable cost of a permanent court house. At the regular term, held on the 2d Monday in March, 1843, the following order was made: 'It is ordered that a court house be built in the town of Harrisonville, in conformity to plan submitted by Charles Sims, to be finished on or before the 1st of September, 1844, and that the maximum appropriation for said building be the sum of three thousand dollars."
"From the best information I can get, this house was finished on or before the time named in the order. It was built by two brothers, Henry F. and Nathaniel Baker, the former of whom was the first merchant in Harrisonville. When built it was among the best court houses in western Missouri. Indeed, the recent changes made in it have made it a very convenient and comfortable court house-one that compares favorably, in those respects, with those of our neighboring counties. The history of a county is better kept in its records than anywhere else, and it would be interesting to give more from that source-more of what has occurred in this house-but time and space forbid at present.
"The first term of the circuit court was held at the dwelling house of James W. Mclellan, December 7, 1835, by Judge John F. Reynolds, who was afterward one of the Supreme Judges of the State. There be- ing no sheriff, the coroner, William Butler, acted as sheriff, and William Lyon was appointed clerk pro tem. No business was transacted, no grand jury was empaneled. An entry was made permitting Russell Hicks and Richard R. Rees to practice law, etc.
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"At the second term, which was held April 4, 1836, the following grand jury was empaneled: Thomas B. Arnett, foreman, David G. But- terfield, Jesse Hinshaw, William Warden, Hiram Wilburn, Andrew Wil- son, William Lewis, Allen Yocum, Watson A. L. Lynch, Winston Adams, Samuel Porter, John Blithe, Eddy Comet, Andrew J. Peck, John Cook, Robert Malone, Hugh Parsons, Fleming Harris, James Parsons, James Blakely, and William Moore. No indictments were returned. The com- mission of Judge Ryland, as judge of the Fifth Judicial Circuit, dated January 2, 1836, and signed by Daniel Dunklin, Governor, was recorded. No business was transacted except the allowance of bills. The proceed- ings of the whole term cover only three pages of a small record. No court was held at the next term, the judge being absent.
"The fourth term was held December 5, 1836. 'At this term the only entry was the overruling of a motion to dismiss the appeal in the case of William Burris vs. William Hayes, and continuing the case at the cost of Hayes, the appellant. The grand jury was composed of the following: George W. Hudspeth, foreman, Fleming Harris, John Lynch, Wyatt Adkins, Jeremiah X. Sloan, Charles Rice, John Hayes, Dennis Evans, William Lynch, James Blakely, Hugh L. Hayes, Alfred G. Sloan, Charles Myers, Paschal Cook, William B. Cook, Hiram Harris, and Thomas Holloway. They returned two indictments for selling liquor without license, the first against Thomas B. Arnett, and the second against Anthony Bledsoe.
"Court was in session but one day. From one of the grand jurors I learn that they held their meeting under an oak tree near Mclellan's house. Judge Ryland delivered a very lengthy and able charge to them, and after they had retired and before they had been out very long, he came within speaking distance of them, and asked them to expedite their business, as he wished to start for Papinville that night. It would seem a little strange now to have a session of the grand jury held under a tree in the open air.
"At the next term, which was held March 30, 1837, and was in ses- sion two days, Thomas B. Arnett was arraigned, plead not guilty, put upon his trial and was acquitted. The jury was a follows: John Hollo- way, John Tucker, Elias B. Garrison, Fleming Holloway, Mastin Burris, Jesse Kelley, David Warden, William T. Mclellan, Hezekiah Warden, Richard Tankersley, William Butler, and William Burris. William Bled- soe was also tried and acquitted.
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"The grand jury of this term returned no indictments. Sidney Adams is the only member of that grand jury now living. The case of Burris vs. Hayes, continued from the last term, was tried by a jury of six men, and judgment given for the plaintiff for forty-five dollars. This is the first trial of a civil case in court. The commission of Judge Ry- land, as judge of the Sixth Judicial Circuit, of date January 7, 1837, signed by Lilburn W. Boggs, Governor, was recorded. Henry Chiles was circuit attorney. The seventh term of court, which was held on Thurs- day after the fourth Monday in November, 1837, was the first term ever held at the court house in Harrisonville. James Reynolds and Benjamin Vincent were indicted for assault with intent to kill, and James Vincent and John Parsons for resisting process.
"At the following term Benjamin Vincent was tried and acquitted. The only surviving members of the jury before whom he was tried are Mastin Burris and Newton P. Brooks. Those against James Vincent and John Parsons were dismissed, and at the succeeding term James Reynolds was tried and acquitted.
"The first conviction for misdemeanor was that of Edward Dale for resisting process. He was fined five dollars. Joel P. Walker, who was indicted at the same time for the same offense, took a change of venue and his case was sent to Jackson County.
"The first conviction for felony in this county was that of Rebecca Hawkins, who was indicted in Jackson County for poisoning her husband. The case came to this county on change of venue and after several con- tinuances was tried at the July term, 1841. She was found guilty and her punishment affixed at five years in the penitentiary. She appealed to the Supreme Court, where the judgment was affirmed. The case is reported in the Seventh Missouri Reports, page 190. The jurors in this case were Miles Edwards, Presley Bryant, Perry Prettyman, Augustus Pulliam, William Rider, Richard B. Barker, Curtis Segraves, Franklin Sears, Benjamin Davis, Elisha Hendricks, John W. Porter and William P. Burney.
"At the March term, 1839, charges of negligence and incompetency were preferred by the circuit attorney, Henderson Young, against the clerk of the court, Thomas B. Arnett. He entered his appearance and the case was set for trial at the next term. At that time they were with- drawn and the circuit attorney was directed by the court to present them in the Supreme Court. Before a trial was had Mr. Arnett re-
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signed, December 2, 1839. Thus closed the official career of one of the most remarkable men who took a prominent part in your county's early history. If he was not 'first in war, first in peace, and first in the hearts of his countrymen,' he was first in a good many other things. He was the first man ever elected to office in the county, was foreman of the first grand jury, was the first man ever indicted in the county, was the first to be tried by a jury of his peers, and the first to be acquitted. It is said of him that at one time while he was clerk, in swearing a wit- ness, he administered the oath as follows: 'You do solemnly swear you will tell the truth, the whole truth, and nothing but the truth, according to the best of your skill and ability.' Judge Ryland said: "Will have no such swearing as that, give me the book.'
"The following peculiar entry is made in the circuit court records, written out very plainly as though it was done intentionally, of date March 17, 1840. 'Jeremiah and John Farmer, in a petition for a writ of ad quad damnum. Now at this time comes the petitioners and file their petition for a writ of ad god damum, praying to be permitted to build a dam and mill on the south fork of Grand River, etc.'
"After Mr. Arnett resigned Richard R. Rees acted as clerk pro tem. for a short time, as also did Achilles Easley.
"In politics the county has always been Democratic except during and after the war, before the people were enfranchised who had been disfranchised by the war. Yet Achilles Easley, who was a Whig, was repeatedly elected surveyor, and Hugh G. Glenn, a Whig, was twice elected sheriff with the county Democratic six to one.
"The office of sheriff and collector was not as profitable in 1847, when Judge Glenn held it, as it has been since the war. The aggregate amount of the tax duplicate during that time was from six hundred dol- lars to five thousand dollars and seven per cent. for collecting was all that was allowed. The county then included the north half of Bates. The office of sheriff and collector never paid him over six hundred dol- lars, while since the war, several years ago, its fees amounted to the enormous sum of nine thousand dollars. During the time he was sheriff the criminal business consisted principally of selling liquor to Indians, horse and hog stealing.
"The principal lawyers at the bar then were French, Sawyer, Hicks, Hovey, and Woodson. Resident lawyers: Sims, Charmichall, Peyton, and Snyder. At that time the Democratic leaders were Mclellan, Standiford,
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the Briscoes and Andersons, while the Whig leaders were Hubble and Wright.
"The principal ministers then were: William Farmer, Henry Far- mer, Jeremiah Farmer, William Ferrel, Thomas Ament, and Robert Sloan.
"The principal merchants in Harrisonville then were Wilson & Brooks.
"As stated before, the town of Harrisonville was named for Hon. Albert G. Harrison, who was from 1834 to the time of his death in 1839, one of the two representatives in Congress from Missouri. He was the father of Mrs. Colonel M. Bledsoe, now residing in the town named in honor of her father. He was one of the most popular men in the State, and but for his premature death would doubtless have been Governor.
"Robert A. Brown was a member of the Constitutional Convention in 1861, that being the only time that Cass County has ever been repre- sented in the Constitutional Convention.
"I cannot conclude this record without again returning to that most noted of characters in the early history of the county, Thomas B. Arnett, and giving a few of the incidents of his life that are not on record. It is said that at one time, in directing the sheriff to adjourn court, he said: 'Mr. Sheriff, adjourn court sine qua non.' In the early times one Jackson Violet, who lived about three miles west of Harrisonville, be- came deranged and tried to kill his wife. He had read in his Bible that without the shedding of blood there was no remission of sins, he said, and he was seeking to obtain remission. He was brought to the county seat and the question of his sanity submitted to a jury, of which Colonel Thomas B. Arnett was the foreman. After hearing the evidence and retiring, the jury returned the following verdict, which was written and read by the foreman : 'We, the jury empaneled and sworn well and truly to inquire into the consanguinity of Jackson Violet, do hereby concur in the affirmative.' Milton Hansbraugh, giving him a hunch, remarked: 'Colonel, that is not right.'
"'Why not, sir?' replied the Colonel. 'You are not trying consan- guinity now,' was the answer. Then turning to Achilles Easley, Mr. Arnett said : 'Squire Easley, is it consanquinity or insanguinity?' Easley replied, 'It is neither one, sir.' 'Then,' said Arnett, 'we'll put it non compis mentis.'
"In 1840, the opposing candidates for the Legislature were Andrew
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Wilson and Francis Prine, both Democrats. Wilson had been in the Legislature, and was considered a man of wealth in those days. Some- times he had money to loan to his neighbors. Colonel Arnett opposed Wilson and supported Prine. He was a good worker, and in that day was regarded as a shrewd politician. His candidate lived in the north part of the county. Quite a number, indeed most of the male population of the south part of the county, met to cut out a public road across Eight Mile timber, near where Austin now stands. Arnett, hearing that they would be there at work on a certain day, sent for his candidate and they went together. As they approached the workmen, about forty in num- ber, Colonel Arnett, in a loud voice, shouted: 'Oh, yes, gentlemen, ap- proach me!' At this every man dropped his axe, knowing that there was fun ahead, and came up. When they had all assembled, Colonel Arnett introduced his candidate in the following speech : 'Fellow Citizens-I want to introduce you to Mr. Frank Prine, a candidate for the legislater of the great State of Missouri, running in opposition to Andrew Wilson, the great money lender. The very Bible itself says cursed be he that usurpeth usury off of his neighbor, and I say G-d d-m him, he shall be cursed!' It is useless to say that Prine was elected, though from the record it appears that Wilson was twice elected after that.
"Colonel Arnett afterwards removed to West Point, and while there became a candidate for the Legislature, himself. It was about the time the Pacific Railroad was agitating the public mind of western Missouri. Every little town desired it, and was striving to get it. While Colonel Arnett was in the south part of the county, it was reported at West Point that he had promised the voters of Papinville and other towns in the south part of the county, to favor the location of the road there, if they would vote for him. On his return, learning that such reports were in circulation, he made a speech, of which the following is said to be a part :
" 'FELLER CITIZENS: Now in regard to the many slandastical reports that have been put in circulation about my position on the railroad ques- tion, I have this to say: In the first place I occupy the terra firma upon which I stand; in the second place, I am in favor of these great inter- communicating iron chain railways, running spherical to the deestrict parallel to each other, and all depoting at West Pint.'
"But, my friends, this address is already too long. As I was in- vited to deliver an historical address I have endeavored to make it such.
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It has principally been confined to the earlier times, because it was thought that an account of those times would be of sufficient interest to make one address. If those who address you in the future will continue the account of events from where this leaves off, you will in time be the means of collecting and preserving a history of the entire settlement of the county, which will always be a matter of interest to its citizens. Since your last meeting Joshua Flinn and Major William C. Burford, who then met with you, have passed to 'that undiscovered country from whose bourne no traveler ever returns.' They were both Christian men, men of integrity, who had lived useful lives, and who died respected by all who knew them. They, with yourselves and your compeers who have gone before, lived to see and endure the hardships necessarily borne in pioneer life. You have seen Cass County grow from the small beginning which has been attempted to be described in this address, to what she is today, the twentieth in population and fiftieth in taxable wealth in the State. Her inexhaustible resources, her fertile soil, her bountiful supply of timber and water, her natural advantages, have brought to Cass County a thrifty, enterprising and intelligent class of people. The character of a country is an infallible index to the character of its people. As certain as the needle points to the pole, so certain do the enterprising and intel- ligent seek and find a good country, and with equal certainty do the sluggard and sloven find the poorest and most barren places to live.
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