History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens., Part 78

Author:
Publication date: 1885
Publisher: St. Louis : National Historical Co.
Number of Pages: 1156

USA > Missouri > Platte County > History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 78
USA > Missouri > Clay County > History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 78

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

There was already bad feeling between Health and Morgan, though there had been no open rupture. While Mrs. Morgan was preparing dinner Health remarked to Morgan that he, Morgan, " had a devil of a pretty wife." Morgan believing that this was intended as an insult took it as such, and in a heat of passion and indignation he raised a chair to strike Health. Fulcher came to Health's assistance, and in the difficulty Morgan was shot and killed by Fulcher. Both Health and Fulcher were acquitted of responsibility for the killing on the

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HISTORY OF PLATTE COUNTY.

ground, we understand, that Morgan was said to have been resisting the officers of the law at the time the killing occurred.

This, to say the least, looks a little bad.

ALVIS HOMICIDE.

In the fall of 1880 George Chance shot Thomas Alvis in Baker's billiard hall, in Platte City. It being election day, a large number of people were in town, waiting for returns, and otherwise enjoying themselves till late in the evening. Chance and Alvis had some words over a game of billiards; and while talking Alvis threw a rock and struck Chance on the head, knocking him around and stunning him severely. So soon as Chance could recover he pulled his pistol and fired, the ball striking Alvis in the eye and ranging around next the skull to his right ear. Alvis lived in great anguish for about thirty days and died from the wound. Chance waived examination and was never indicted for the killing. Both of the unfortunate young men were born and raised in the county and of good families.

KILLING OF DR. SPENCER.

Dr. Spencer was a dentist at Platte City at the time of his homi- cide and for some time before. Mrs. Stallard, wife of Wiley Stal- lard, a young farmer residing in the county, came in to have a tooth extracted. When she returned home she reported to her husband that Dr. Spencer had attempted to violate her while she was in his office.

This of course greatly outraged and mortified Stallard. He seemed, however, to take it coolly, had but little to say and wore a look of determination and desperate fixedness of purpose.

A day or two afterwards he rode into Platte City. Hitching his horse, he walked hurriedly down Main street and came upon Dr. Spen- cer sitting in front of one of the stores on the street. Without say- ing a word he drew a pistol and began firing at Spencer. The first ball fired took effect and inflicted a mortal wound upon its unfortunate victim. Spencer, however, fled from before his infuriated assailant and rushed through the store followed by Stallard, firing as he pur- sued. Spencer fell dead in the store.

The trial of Stallard followed at the next term of court. Mrs. Stallard testified to the attempted criminal assault. Her evidence was accepted as conclusive of the fact and her husband was acquitted.

If she testified to the truth, and there was no evidence to the con- trary and nothing concerning her to cause her word to be doubted,

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HISTORY OF PLATTE COUNTY.

the jury did right. To have punished her husband, under the circum- stances, would have been a crime second in enormity only to the outrage attempted upon his, wife.

There are some things that the law is inadequate to punish and in such cases it is cowardly and contemptible to appeal to the law. Chief among these are offenses against the sanctity of female virtue, the innocent and pure. God nerves and speeds the arm of the avenger of his family's honor.

Both parties were highly esteemed and well connected. Stallard was a son of Randall Stallard, in the northern part of the county. Dr. Spencer also came of highly respected parents. He left a most estimable family, loved and respected by all who know them.

GEORGE BURGESS KILLS HIS COUSIN.

In the winter of 1879 George Burgess shot and killed Caples Bur- gess at Camden Point, under the following circumstances : The old and the young had met at the Female Orphan School of Camden Point to enjoy a literary treat by the young ladies of the school, just prior to the holidays. After the entertainment a few of the young men lingered in the town awhile before attempting to start home. Just as all were starting to their horses some one called out : " George, is that you?" when Caples said : "Don't call me George." At this George responded : " That is a good name," when Caples turned around, and George seeing something shining in his hand fired his pistol twice. Caples ran about twenty paces and fell dead .. No pistol was ever found about Caples.

George was tried and found guilty of manslaughter and sentenced to the penitentiary for five years. The prosecution and defense were well represented in the trial ; the case going to the Supreme Court and being reversed, necessitated a second trial, which resulted in the same verdict.

The two young men were the sons of brothers, and had inherited the dislike for each other from their fathers, who were of the first families of Kentucky; both of which seemed to have a world of friends.

JOHN JONES KILLS JOHN BONE.

In the year 1880 John Jones shot and killed John Bone about two miles south of Platte City. Jones had married Bone's sister a short time before, to which Bone had seriously objected. Jones was living on the home farm of his wife's father and mother, who were also liv- ing. Bone resided on a farm near by. It seems that Jones had been

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HISTORY OF PLATTE COUNTY.

abused several times by Bone prior to the time of the killing. On the day of the killing Jones was plowing near the pasture, when Bone rode in and attempted to turn his cattle out of a field to water. Jones went toward him and forbid him turning the cattle in, saying there was no more water than his own stock needed. Bone thinking hard of the man who would order him away from the home of his child- hood, rode towards Jones, calling him to task for his peremptory orders, dismounted from his horse and threatened to blacksnake Jones with his whip if he did not keep his lip out of his business. At this instant, for it seems all was said and done in a very short time, Jones fired, when Bone ran, Jones again firing, at which Bone dropped dead. Jones was captured the same night, tried at the next term of the court and acquitted. Both parties to this affair stood well in the com- munity ; and it was universally regretted.

TIPTON KILLS WOODSON.

In the year 1883 Thos. Tipton shot and killed John Woodson at Camden Point.

Woodson was deputy sheriff of the county and had occasion for arresting Tipton and several others for some trivial offense a short time before the killing. After the parties had been tried Tipton had used some rough remarks about Woodson, which had come to his ears. In a few days after Woodson and several others were sitting in a store at Camden Point, when Tipton walked in. He passed the compliments of the evening to some one present and started out, when Woodson got up, drew his pistol, and said : " Tipton, I got your message and am ready for you." At this Tipton made a lunge for him, grabbed the pistol, when a scuffle ensued for a few seconds. Both being pow- erful men, the bystanders stood in awe, when Tipton drew his pistol, fired and all was over. Woodson only lived a few hours after. There never has been such a trial in the county before. The State was rep- resented by the very best of legal talent, backed by the powerful in- fluence of Woodson's relatives and friends throughout the State, who left nothing undone to convict Tipton. On the other hand Tipton was no less represented, and his friends and relatives, who are of the best families in this State and Kentucky, did all in their power to vin- dicate his action in the matter. After a three days' trial Tipton was acquitted. The affair was universally regretted, and has cast a gloom over two of the leading families that can only be obliterated by time.

CHAPTER XII.

BENCH AND BAR.

Introduction - Prominent Members of the Bar Originally from Missouri - Circuit Court -Prominent Attorneys -Personal Sketches - Members of the Bar of Platte County, Mo .- County Court Judges - Probate Court - Court of Common Pleas, Weston.

Without question, affairs of government effect more vitally the wel- fare and the progress of society than any other public interest. . A people unwisely and badly governed, can at best hope for little advancement or improvement in their condition, whilst those whose laws are wise and just, and whose civil administration is pure and honorable, invariably stand among the first in prosperity and intelli- gence and in every desirable feature of civilization. Government, then, or the system of laws and their administration, which control the affairs of the people, are of the first importance. This has been so recognized among all nations, even among those only approach- ing civilization, and the legislator and the judicial magistrate, or the law-giver and the judge, have always been honored as among the first personages of the State in dignity and importance.

Nor is it a fact less beyond dispute that the profession of law, in itself a profession of the highest character and usefulness, has ever been the great school in which the wisest and best legislators and judges have received their training. Who can point to a law of any importance or value in the history of any country, not drawn by the hand of a lawyer, either a regular licentiate of the profession, or one skilled in legal science by long study and investigation ? In all times the great law-givers and magistrates have almost invariably ranked among the greatest lawyers of their day, and, on the other hand, there can scarcely be mentioned a great lawyer who has not left the impress of his genius upon the legislation and the judicial affairs of his time. Whatever improvement, therefore, that has been made in civil government, whatever advancement in defining and protecting the rights of man in a state of civil society, whatever progress in civ- ilization indeed - for good government is the handmaid of civiliza- tion - is very largely due to the legal profession.

Draco, who gave to the Athenians their first great code of laws,

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HISTORY OF PLATTE COUNTY.

was the greatest lawyer of his day ; Solon, nearly two hundred years later, and a man of unrivaled wisdom and purity of character, was the second great lawyer at Athens ; and he, too, left a code of laws that have made his name immortal. And what schoolboy is not familiar with the name of that other great Athenian lawyer, states- man and orator, Demosthenes? These and hundreds of others, only less eminent and distinguished, were given to Greece by the pro- fession of the law. And in Rome, under both the Republic and the Empire, the legal profession gave to that mighty city the laws which governed the world - laws whose influence is yet felt by the great nations of the earth, more than a thousand years since the fall of Rome herself. The Pandects and the Code of Justinian stand out everlasting monuments to the wisdom and far-sighted statesmanship of the great lawyers of that Imperial City. To-day they are the bases of the jurisprudence of all the Latin nations, and many of their wisest and best provisions have been engrafted into the systems of the laws of other countries.

So, every people have produced their great lawyers and magis- trates, men whose names are illustrious in their country's history. The Germans point with pride to their great advocates and jurists of to-day and of the past ; and France and Spain and Italy and all the nations boast the names of men in the legal profession which were not born to die. What would English jurisprudence have been with- out the Bacons, the Burleighs, the Hardwickes, the Blackstones, the Cokes, the Currans, the Erskines and the Mansfields of that country - what would English ideas of liberty, and, indeed, American hopes and aspirations have been without them? In our own country the brightest names that adorn our national history are those of the great luminaries of the legal profession - the Websters, the Choates, the Marshals, the Taneys, the Wirts, the O'Conors and hundreds of others.

Nor is the history of Missouri barren of great names at the bar and on the bench. Uriel Wright was a lawyer whose learning and ability, and whose genius and eloquence would not have paled by comparison with those of any member of the bar in this country, or elsewhere. Then there was Edward Bates, originally of St. Charles county, and Mathias McGirk ; and also Rufus Easton, and Henry. S. Geyer; and James B. Gardenhire and Blennerhasset ; Field and Robert Stewart, and Gamble and a host of others - all men of the first order of ability and learning, and lawyers who have left names which will grow brighter and more illustrious as they are handed down from generation to generation.

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HISTORY OF PLATTE COUNTY.

CIRCUIT COURT.

Of the first circuit court in Platte county we have already spoken. Austin A. King was the judge, Jesse Morin the clerk and Jones H. Owen the sheriff.

In 1840 the Legislature made a change in several of the judicial circuits of the State, including the one to which Platte county had been attached. This county was placed in the Twentieth Circuit.

David R. Atchison was appointed judge by the Governor. He con- tinued to discharge the duties of the office until October, 1843, when he was appointed to the office of United States Senator, by Gov. Reynolds, to fill the vacancy caused by the death of Dr. Lewis F. Linn.

Henderson Young succeeded Gen. Atchison as judge, and he held that office until the first of May, 1845, when he resigned. Gen. Solo- mon L. Leonard was appointed to fill out Judge Young's unexpired term. He continued in office until June, 1851.

In the meantime the Legislature having changed the mode of se- lecting the members of the State Judiciary from an appointive to an elective one, at the fall election of 1850 Hon. Wm. B. Almond was elected circuit judge. He resigned in 1852 and Judge E. H. Norton became his successor. Judge Norton continued in office until 1860. Being a candidate for Congress he also resigned, and was elected and took his seat.

Hon. Silas Woodson succeeded Judge Norton, and he was succeeded by Judge Wm. Herren. After the latter had held a few terms of court the circuit was changed so that Platte county came under the jurisdiction of Judge Walter King in a circuit composed of Platte, Clay, Clinton, and Ray counties.

During the turbulence of the times caused by the war, Judge King was impeached by a violently partisan Legislature (the majority of whom were elected by about one-third of the voters of the State), for the reason that he could not conscientiously uphold some of the ex- treme measures adopted at that time. His retirement illustrated with singular aptness and force the truth of the distitch of Addison : -

"When vice prevails and impious men bear sway,

The post of honor is the private station."

Public life is like sweet milk-when it begins to spoil the whey comes to the top. The men who rose to the surface in this State during the war - excepting always the brave, self-respecting, faithful, conservative citizens, who stood up like soldiers and heroes to fight

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HISTORY OF PLATTE COUNTY.

back the social and political wolves of the time-were, as a rule, persons who had rarely or never been heard of before in public affairs and who have never been heard of since, notwithstanding many of them obtained the shoddy respectability which suddenly acquired wealth bestows.

Judge King was succeeded by Philander Lucas.

But by-and-by affairs assumed a more favorable aspect. Judge Geo. W. Dunn, one of the able jurists and upright men of the State, was elected to the office of judge. Such have been the ability and purity of his judicial career and such his character as a man and citizen, that he has been continued in the office by the free voice of the people from that time to this.

PROMINENT ATTORNEYS - PERSONAL SKETCHES.

To Judge W. M. Paxton, of Platte City, the Nestor of the legal pro- fession in this county, and a man whose learning and culture and un- tiring industry are only equaled by his kindness of heart and public spirit, we are indebted for the following tersely written and short sketches of members of the legal profession practicing in this county during one or more of the years since the time of the organization of the circuit court :-

WM. T. WOOD - Enrolled March 25, 1839 ; resided in Liberty. Never a citizen of Platte; still lives in Lexington, Mo; was cir- cuit judge for many years.

DAVID R. ATCHISON - Enrolled March 25, 1839. Resided in Liberty to about 1848; removed to Platte City and continued a citizen of Platte; was elected. Senator from Missouri, and served two terms President pro tem of the Senate; represented Clay county several terms in the House of Representatives ; was the first judge of this court after the reorganization about 1840. Before the war, re- moved to Clinton county, where he now resides, enjoying olium com dignitate.

ALEXANDER W. DONIPHAN - Enrolled March 25, 1839. Resided in Liberty until his removal to St. Louis in 1862, and Richmond, Mo., in 1868, where he now lives ; an orator, jurist, statesman and soldier ; was in the State House of Representatives terms, 1836, 1840 and 1852, from Clay ; never resided in Platte ; attained his title as General of militia during the Mormon war ; as Brigadier-General of volunteers he led a brigade in the Mexican War from Fort Leavenworth to Santa Fe, N. M., and thence by El Paso and Chihuahua to the Gulf. This famous expedition entitles him to the title of the American Xeno-

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HISTORY OF PLATTE COUNTY.

phon. Shortly after this, his children all died, and he retired to private life. But at the beginning of the war his patriotic zeal caused him to accept the office of delegate to the Peace Convention of 1861, also Slave Convention 1861. He still lives at Richmond, Mo., to give his patriarchal counsel to his beloved people.

AMOS REES - Enrolled March 25, 1839. Lived in Ray county ; was one of the original founders of Camden, in that county ; re- moved to Platte City about 1848 ; was an active and zealous Metho- dist and a whole-souled Christian; went to Kansas about 1855. Laid off an addition to Leavenworth ; practiced law until age and blindness required him to retire. He still dwells in darkness and seclusion in that city, supported by his sons.

PETER H. BURNETT - Enrolled March 25, 1839. A native of Ten- nessee ; came at an early age to Clay county, Mo., and settled near Barry ; engaged in the mercantile business at Barry ; failed ; studied law; was the first circuit attorney of the Platte circuit; lived a short time in Platte City ; about 1844 led a company of emigrants to the then new Territory of Oregon ; went to California on the first news of the discovery of gold ; became the first Territorial Governor ; acquired a fortune; paid off his old debts; became a Catholic ; published a volume giving his reasons for so doing ; published his life and adventures ; is now a citizen of San Francisco, and is en- gaged in banking, and studying the evidences of Christianity with a view to another volume.

ANDREW S. HUGHES - Entered March 25, 1839. A native of Ken- tucky ; came at an early day ; more remarkable for his genial humor and anecdote than for his legal abilities ; was highly esteemed as a friend and companion.

JAMES S. THOMAS -Entered March 25, 1839. Came a youth to Martinsville, in 1838; was a young man of intelligence and mod- erate education ; practiced here until about 1845; commanded the steamboat Haidee, owned in Platte City ; went to California in 1849; through the patronage of Gov. Burnett, got an appointment as a justice or alcalde ; made money ; returned and settled in St. Louis, where he died.

ALEX. E. CANNON -Entered March 25, 1839. A rough back- woodsman; a loud and persistent talker; very little education ; never read law, but picked up all he knew; a genial nature and warm friend.

WILLIAM B. ALMOND - Entered March 25, 1839. A native of Virginia ; a graduate of William and Mary College; came to Lex-

750

HISTORY OF PLATTE COUNTY.

ington, Mo., and was a clerk for Aull & Co .; about 1836 visited the Rocky mountains on business for the fur trader, Sublett, of St. Louis ; married about 1838 and came to Platte, settling near the Buchanan line ; was a man of literary taste and ability as well as of judicial accumen ; a desultory reader, a fluent talker and a brilliant orator ; went to California in 1849; was appointed United States Circuit Judge ; returned home; was judge of the Platte circuit; went to Kansas ; died at Leavenworth in 1860 ; buried at Platte City.

SOLOMON L. LEONARD - Entered July 22, 1839. A native of Tennessee; settled three miles east of Platte City in 1839 ; a man of sound judgment, strong prejudices and moderate education ; honest and conscientious according to his convictions; was circuit at- torney and afterwards judge of the Platte circuit ; went to Buchanan, and was drowned in Texas in 1860.

WILLIAM M. PAXTON - Entered March 24, 1840. A native of Ken- tucky ; educated at Center College, Ky .; came to Martinsville in 1839 ; married in 1840 and went on a farm; in 1860 resumed practice in partnership with Joseph E. Merryman; dissolved the partnership in 1874; has become hard of hearing, and devotes his attention chiefly to the examination of titles of real estate ; broad views, strong and generous friendship, and devoted Christian character.

C. P. BROWN - Entered March 22, 1841. Came to the county in 1837; studied law and settled in Platte City in 1841; remained a year or two and went West ; now lives at Dixon, Cal.

JAMES H. BALDWIN - Entered March 22, 1841. A native of Ken- tucky ; educated at Center College, Kentucky ; an early companion and fellow-student of Mr. Paxton ; they studied law and practiced together, both in Kentucky and Missouri; was a brilliant orator and a profound lawyer ; was fast rising to eminence when he died ; he married in Clay county, and his last years were spent there.

RICHARD R. REES - Entered July 13, 1841. Started life in Inde- pendence, Mo. ; came to Platte City about 1853 ; spent several years there and went to Leavenworth, Kan., where he died; he was an enthusiastic Mason ; indeed, his whole life was a gushing stream of cordiality, zeal and earnestness in everything he took hold of; he was always on the side of truth and progress.

JOHN WILSON - Enrolled July 13, 1841. Born in Kentucky ; came from Howard county in 1841; represented Platte county sev- eral terms in the State Legislature; was county attorney ; a man of legal mind and fine judgment; a staunch Whig and a zealous

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HISTORY OF PLATTE COUNTY.

politician ; when excited was an orator ; his voice was loud and his manner commanding; he was father of Hon. R. P. C. Wilson.

PRINCE L. HUDGENS - Enrolled July 13, 1841. Lived in Savan- nah, Mo., and afterwards in St. Louis ; was a preacher as well as a lawyer; possessed great persuasive powers in private conversation as well as at the bar or in the pulpit ; died in St. Louis.

JOHN R. HARDIN - Enrolled July 21, 1841. Came a youth from Kentucky and spent several years in Platte City; in 1849 went to Oregon and was killed by Indians.

ISAAC N. JONES - Entered March 28, 1842. Spent several years in Platte City without succeeding ; was county attorney for a time ; died in California.

LORENZO D. BIRD - Enrolled March 28, 1842. Lived in Weston ; a good lawyer; accumulated considerable property ; died before the war; on account of unsuccessful speculations it was supposed his estate would prove insolvent; but all debts were paid and a large sum was received by his heirs ; graduated at Harvard ; accomplished scholar ; settled at Atchison, Kan ; was a free soiler.

WILLARD P. HALL - Enrolled March 28, 1842. Born at Harper's Ferry ; when a youth he came to Platte City and started life ; suc- ceeded ; was elected Lieutenant-Governor and during a year or two in the war was acting Governor ; removed to St. Joseph ; became one of the most distinguished lawyers of the State ; died a few years ago.

R. P. CLARK - Enrolled March 29, 1842. Brother-in-law of Hon. John Wilson ; came to Platte with him ; a fine lawyer ; an excel- lent advocate and with less timidity and more perseverance would have been a success ; he is still practicing law in Wyandotte, Kan- sas.

JOHN R. TYLEE - Enrolled July 13, 1842. Lived in Weston ; a man of ability ; died young.

B. F. LOAN -Enrolled October 9, 1843. Came to Platte with his parents in 1838; taught school ; studied law ; went to St. Joseph ; was brigadier-general during the war; a strong Union man ; was elected to Congress three terms.

E. H. NORTON - Enrolled April 15, 1845. A graduate of Center College, Ky. ; was quite a youth when he came to Platte ; was a member of Congress during the early years of the war; judge of the Platte circuit for a number of years ; at the end of his term he resumed practice ; was then elected Supreme Judge, which office he still holds ; Judge Norton is the favored son of Platte county,

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Author: Publication date: 1885 Publisher: St. Louis : National Historical Co. Number of Pages: 1156

Author:
Publication date: 1885
Publisher: St. Louis : National Historical Co.
Number of Pages: 1156