USA > Missouri > Mercer County > History of Harrison and Mercer Counties, Missouri : from the earliest times to the present : together with sundry personal, business, and professional sketches and family records : besides a condensed history of the State of Missouri, etc > Part 24
USA > Missouri > Harrison County > History of Harrison and Mercer Counties, Missouri : from the earliest times to the present : together with sundry personal, business, and professional sketches and family records : besides a condensed history of the State of Missouri, etc > Part 24
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The case of Ansel Terry vs. Samson Alley, continued from the first term, was disposed of by the court in favor of the plaintiff, and damages assessed to the amount of $181.
At the March term, 1847, the following attorneys and counselors were admitted to practice in the courts of Harrison County: Philip L. Edwards, Volney E. Bragg and Thomas L. Frame.
The following served as grand jurors at this term: Asaph M. But- ler, foreman; Reuben D. Tilley, Thomas Taylor, William Oxford, John Oatman, George Noah, Jeremiah S. Young, William M. Selby, Elijah Fleming, Matthew Franklin, Joseph Young, Norvall Allcock, Isaac Hamer, Eli Salmon, Major Daniel and William C. Atkinson. They returned indictments against Hill Wortman and Lewis Hunt for " killing," and against Josiah Spurgin for "murder." The latter case occasioned a great deal of interest, being the first event of a san- guinary nature that took place in the county. [See article on crimes etc. ]
Simon Burgin, indicted for peddling clocks without license, was tried at this term, and fined the sum of $50, which was subsequently commuted to one day's imprisonment and the costs of the suit. Several other cases of a minor nature were disposed of at this term, and the record also shows that Nathan Spencer and Cornelius Mur- phey were each fined $5 for contempt of court. The grand jury at the September term, 1847, was made up of the following citizens: Charles L. Jennings, David Garton, Andrew J. Smith, Thomas Tucker, Chris- topher Bussing, Robert Bullington, John Jones, Jonathan Booth, William W. Harper, James Ramey, Kader Madden, George Williams, William H. Bender, Thomas M. Geer, William Hunter and Benjamin Ashley. There were quite a number of indictments at this term, among which were the following: against Richard Wills, James John - son, Travis Johnson, William Johnson and Jeremiah Spurgeon "for disturbing the peace of a family in the night;" against Richard Wells " for felonious assault;" William Cummins, for aiding the escape of a prisoner; James Johnson and Travis Johnson each for assault.
At the May term, 1848, the following grand jurors were empaneled: J. C. Brown, David Buck, Samuel Alley, William C. Allen, Aaron England, George W. Noah, Shepherd Hulse, L. W. H. Cox, Eli Mc- Daniel, Matthew L. Franklin, William Mitchell, Thomas Brown, E.
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L. Ellis, James Mitchell and Samuel O. Jennings. Indictments were returned by them against Elijah Williams for trespassing on school lands; Elisha Meeker for unlawfully taking up strays: Lewis Hunt, Armstead Pait, Francis Burrill and John W. Casebolt, each for betting.
The first suit for divorce was tried at the March term, 1850, at which time Benjamin Mitchell was released from the bonds which bound him and his wife, Nancy Mitchell. The next case of the same kind was Joel H. Worthington vs. Sarah Worthington, heard at the March term, 1854. Willis Harper was granted a legal separation from his wife, Ellen Harper, at the same term.
The first foreigner naturalized in Harrison County was William Hall, a native of England, who came to the United States in 1848, and to Missouri in 1851. He renounced his allegiance to his native country, and became a citizen of the American Republic at the March term of the Harrison circuit court, 1853.
Probate Court .- The probate court of Harrison County was estab- lished November 7, 1853, Hon. William G. Lewis, judge. Prior to that time, all probate business was disposed of in the county court. The first proceedings of the court after its organization were in the case of Anna Endsley vs. Gibson Endsley, administrator of Samuel Endsley, deceased. These proceedings as shown by the record were as follows:
Now at this day comes the parties by their attorneys, and the said plaintiff makes application to the court as the widow of Samuel Endsley, deceased, for an order compelling said administrator to pay her as such widow, the money allowed her by law in lieu of personal property allowed to her at the appraised value of $200. Whereupon the court after hearing the allegations and proofs of the said parties, orders that Gibson Endsley, administrator of the estate of Samuel Endsley, deceased, pay to Anna Endsley, widow of said deceased, the sum of $89.95, when collected, that being the amount of said sales of the personal property of said deceased.
Following the above upon the record appears an application of Jacob Oxford, administrator of the estate of William Oxford, deceased, for permission to sell personal property, etc., at private sale, " and the court being satisfied that such sale will not be prejudicial to persons interested in said estate, orders that the administrator sell at private sale all property of said estate at such time as he may see fit and prop- er." The next business was the allowing of a note of $45. 21 against the estate of Aaron England, in favor of Benjamin C. Powell and Jonathan Levy, together with interest upon the same and costs of allowance. William G. Lewis served as probate judge until 1857, at which time J. H. Phillibaum was elected to the position. His successor was D. J.
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Heaston, whose term of service expired in 1862. The names of other judges of the court will be found in the official directory, on another page.
Bench and Bar .- As already noted, the first term of the Harrison County circuit court was held on the 23d of April, 1846, by Hon. Austin A. King, judge of the fifth judicial circuit of Missouri. The eminent character of Judge King requires more than a passing men- tion; in fact a sketch of the early courts and bar of Harrison County would be incomplete without an extended notice of him and his many public services. As a lawyer and judge he has left a record that time can not efface, and it is but fitting that ample mention be made of him in connection with the bench and bar of Harrison County. Judge King was a native of East Tennessee, and came to Missouri in 1828, locating in Columbia, Boone County, where he began the practice of the legal profession. He soon took high rank among the ablest law- yers of that part of the State, and entering politics was elected repre- sentative in the Legislature of Missouri about the year 1836. He became a prominent leader of the Democratic party while a resident of Boone County, and, at the expiration of his term in the Legislature, was appointed by the Governor judge of the fifth judicial circuit, the duties of which position he discharged in an eminently creditable manner until the fall of 1848. In 1837 he moved to Ray County, where he resided until his death, in 1870. He possessed a strong, vigorous intellect, was well read in the elementary principles of the law, and familiar with the leading adjudicated cases of his time. He was industrious and indefatigable, and had a strong love of justice and right. As a judge he enjoyed the confidence and esteem not only of the bar but of the people of the circuit. In 1848 he became his party's candidate for Governor, and after an exciting campaign was elected by a larger majority than any man had previously received for that office. His administration was eminently satisfactory, though marked by a peculiarly strong period in the political history of the State. At the close of his term he resumed the practice in his old circuit, and as long as he continued in the profession enjoyed a large and lucrative business. In 1864 he was elected representative in the United States Congress, and took an active part in the deliberations of that body. He was a man of strong, political views, an ardent parti- san, but all conceded his integrity, fairness and great ability. He was a logical speaker, close reasoner, and rarely failed to convince either court or jury of the correctness of his views and the rightful claims of his case, whether civil or criminal. He held court in Harri- son County from 1846 until the fall term of 1848.
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The successor of Judge King was Hon. George W. Dunn, of Ray County, who came upon the bench of the fifth judicial circuit in the fall of 1848. He held court for the first time in Harrison County at the March term, 1849, and is remembered as a profound lawyer, and a most excellent judge, being popular alike with members of the bar and litigants. Prior to his election to the judgeship Mr. Dunn had served as circuit attorney, and made a record while in that office which placed him high among the successful practitioners of Northern Mis- souri. As a judge he was methodical in the transaction of all court business, clear and pointed in the enunciation of his decisions, but few of which ever justified reversal at the hands of the supreme court. He served as judge from 1849 until 1859, retiring from the office the latter year, and resuming the practice of his profession in Ray County, where he still resides.
Following Judge Dunn came Hon. James McFerran, who was elected in the fall of 1859. Mr. McFerran was a native of Pennsyl- vania, and an early resident of Daviess County, Mo., where he prac- ticed the legal profession a number of years before his election to the judgeship. While not so profound in the principles of law as his predecessor, he, nevertheless, possessed a strong legal mind, and his judicial service was eminently satisfactory to all who had business to transact while he occupied the bench. Firm and conscientious he dis- charged the duties of his position with impartiality, and always com- manded the respect of those who honestly differed with him politically or otherwise. In his public acts a sense of duty accompanied him, and disregarding all selfish and personal considerations he unflinch- ingly obeyed its behests. In the summer of 1862, when the dark war cloud obscured the horizon, he stood prominent among the friends of the Union, and entering the army as colonel did gallant service for the National cause.
Hon. Jonas J. Clark, the fourth judge in order of succession, as such came to the bench in the fall of 1863. He was a resident of Chilli- cothe, where for some years before his election to the bench he was engaged in the practice of his profession. Judge Clark possessed a discriminating mind, was well posted in the subtleties of jurispru- dence, but is said to have been somewhat dilatory in the transaction of court business. He was also a man of some eccentricities and strong political bias, facts which made him unpopular with a certain class of lawyers and litigants. His record while on the bench was quite creditable, and no one ever called in question his honor and rec- titude. He was judge from 1863 until the fall of 1871.
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HISTORY OF HARRISON COUNTY.
Samuel A. Richardson, of Gallatin, Daviess County, was elected to the judgeship in 1872, and discharged the duties of the position in a manner highly satisfactory to all concerned until 1880. He came to the bench fortified with the experience of a long and varied practice, and soon earned the reputation of an energetic and impartial judge, possessing courage to act as duty prompted and as his reason guided. His natural abilities were of a high order, his knowledge of the pro- fession was profound, while his reputation for candor and honesty, coupled with a clear sense of justice, won for him a name and fame untarnished by a single unworthy act. He was an excellent lawyer in all branches of the profession, but excelled, perhaps, in criminal prac- tice, being a strong and forcible advocate before a jury. As judge he was accommodating and generous, but withal, expeditious in the transaction of business, and firm in his treatment of criminals whose guilt justified a conviction. He was also strict in maintaining the dignity of the court, and by his action in this respect incurred the ill will of certain persons who entertained but slight regard for the "august " proceedings of a temple of justice.
At the expiration of his official term he resumed the practice, and continued it with success until his death, which occurred in 1884 at Gallatin.
Conspicuous among the distinguished members of the Harrison County bar was John C. Howell, the immediate successor of Judge Richardson, elected to the bench in 1880. Mr. Howell was educated at Bethany College, West Virginia, and early prepared himself for the ministry, but, aside from preaching for a limited period, never entered upon the active duties of that calling. He came to Bethany from Gentry County, Mo., about "the year 1863, and for some time there- after was prominently identified with the educational interests of the city as principal of the high school. He subsequently began the study of law with D. J. Heaston, under whose instruction he continued until becoming familiar with the principles of the profession, when he entered upon the active practice of the same in the courts of Harrison and adjoining counties. He at once took high rank among his pro- fessional brethren of the Bethany bar, and during his period of prac- tice earned the reputation of an excellent judge of the law, a safe coun- selor, and a faithful and conscientious attorney. He was a brilliant speaker, and especially powerful before a jury, and in criminal cases had few equals at the Harrison County bar. Strength of mind and purity of purpose were his leading traits. In his profession these made him popular with the people, and in the confidence and esteem
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of his professional associates none occupied a more prominent place. In that branch of the law practice that sometimes requires scheming and cunning diplomacy, he was neither great or successful; a proof that his nature was faithful and just, and that the integrity of his mind was better adapted to the equity of courts.
As a judge Mr. Howell will long be remembered as one of the most painstaking and conscientious men who ever occupied the bench, and as a citizen and refined Christian gentleman his name will lose none of its luster in the years to come. He died before the expiration of his official term, in 1882.
Charles H. S. Goodman, of Albany, Mo., the present incumbent, was appointed to fill the unexpired term of Judge Howell, and at the ensuing election was chosen to the position by the voice of the people. Judge Goodman possesses fine legal abilities, and has already gained an enviable reputation for the incorruptibility that insures purity and justice in the administration of the law. His judgments are distinctly marked with impartiality and even-handed justice, and but few of his decisions have met with reversal at the hands of the higher court. He is popular both with attorneys and litigants, expeditious in the transaction of business, and, by his demeanor, impresses upon all the dignity of the court.
Attorneys .- The early judiciary of Missouri was marked as fur- nishing a high order of talent, in fact as large-minded men as are to be found in the early political history of the State. Many of these early jurists will take their place in history as among the country's best men. They mingled with the people, assisting, advising and counseling them for their own good and benefit. They forecast and laid well the superstructure of the civil polity of the State, and in looking into the imperfect record of their lives, the student of history it impressed with the fact that here indeed was Missouri favored and fortunate.
At the time of the organization of Harrison County there were no resident lawyers here. The legal machinery had all been put in work- ing order, and set in motion by the time the legal "circuit riders" came to gladden the hearts of the people with their dignified and august presence. At the first term of the circuit court Philip L. Edwards, Charles E. Bowman, George W. Poage and Moses Simonds were licensed "to practice as counselors and attorneys at law and solicitors in chancery," and at the March term, 1847, Philip L. Ed- wards, Volney E. Bragg and Thomas L. Frame were formally admit- ted to the bar of Harrison County. Of the above attorneys but little
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is now known, and it does not appear that they ever achieved any prominence as practitioners in this county.
William G. Lewis, one of the pioneer lawyers of Harrison County and the first resident attorney of Bethany, was a native of Greenbrier County, Va., born on the 9th of December, 1826. In 1833 he moved with his father to Indiana, and in 1850 came to Missouri, and the year following began the practice of the legal profession at Bethany, Har- rison County. In many respects Mr. Lewis was a noted man. He was a landmark in the times in which he lived, and few possessed more noble and generous qualities. He was well read in the princi- ples of law, thoroughly familiar with the details and technicalities of the practice, and rapidly gained a lucrative business, which steadily increased until the time of his death. A high character for personal and professional integrity distinguished his life and marked his career as a safe and reliable counselor, an able lawyer and a polished Chris- tian gentleman. Mr. Lewis was widely and favorably known through- out Harrison and neighboring counties, and into his hands was intrusted the greater part of the legal business of the county during the first few years of his practice. As a judge of the law he had few if any equals at the county bar, and as a practitioner was a model of professional decorum. As a speaker he was clear, calm and concise, never eloquent or ornate, in fact did not excel in the art of popular oratory. He was essentially a general practitioner, and as such ranked with the most successful lawyers of this part of Missouri. He was elected probate judge in 1853, and served in that capacity until 1857, and from 1859 until 1862 was circuit attorney of the Seventeenth Judicial District. In matters of religion Mr. Lewis took an active interest, 'and was the chief promoter of the Cumberland Presbyterian Church of Bethany and one of its ruling elders. It is said that after giving legal advice in his office, which was generally safe, he would introduce the subject of religion, present its claims, and advise men to become religious. The death of this excellent man occurred on the 18th of February, 1869. Appropriate resolutions were pre- sented by the Bethany bar upon the occasion, among which were the following:
WHEREAS, in the dispensation of an all-wise and beneficent Providence, Will- iam G. Lewis, an honored member of our bar, has recently been stricken down in the prime of manhood by the ruthless hand of death; therefore
Resolved, That in his death we recognize the loss of a member whose char- acter for legal attainments, for probity, for large benevolence and philanthropy, for purity of life and piety, made him an ornament to our profession.
Resolved, That his courtesy, strict moral integrity, and many other vir tues as a lawyer and a man, are well worthy of imitation.
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Resolved, That we take pride in his character as an indefatigable proof that the successful practice of our profession is not inconsistent with honesty and purity of life.
John R. Morledge was an early practitioner of the Harrison County bar, but of his legal attainments and professional ability but little is now known. He came to Bethany about 1857, and after remaining a few years went to Bedford, Iowa. He appears to have been fairly successful, but did not gain much of a reputation on account of there being comparatively little legal business among the honest yeomanry of the land in those days.
H. P. Edmiston, an early settler of the county, read law in the office of William G. Lewis, and was admitted to the bar about the year 1856 or 1857. He was a young man of good ability, and had he lived would doubtless have made an honorable record in the profes- sion. He died about one year after engaging in the practice.
John H. Phillibaum was a native of Ohio, and among the early comers to Harrison County. Having early determined to make the legal profession his life work, he entered upon the study of the same under the instruction of William G. Lewis, and about the year 1858 was licensed to practice. In the meantime (1857) he was elected judge of the probate court, in which capacity he served until 1861. He gained only a nominal legal practice, and for some years made a specialty of the real estate and abstract business, in which he was fairly successful. His death occurred in Bethany a few years ago.
Orrin Lee Abbott came to Bethany from Ohio about the year 1857, and a short time thereafter began the practice of the legal profession in Harrison County. He had a fair knowledge of legal jurisprudence, possessed the tact of expressing himself forcibly before a jury, and during his nine years' practice succeeded in building up a fairly suc- cessful business. He went to California about the year 1865.
Thomas J. Brady came to Bethany in August, 1859, and practiced law in this county about one year. Shortly after coming to Bethany he formed a partnership with D. J. Heaston under the firm name of Heaston & Brady. He was then a young man of more than ordinary ability, and gave promise of becoming an eminent lawyer. His sub- sequent reputation requires more than a passing notice. He was born in Delaware County, Ind., about the year 1836. In 1855 he entered Asbury University at Greencastle, Ind., where he was a classmate with D. J. Heaston. After leaving college these young men want west, and accidentally met at Bethany, where they formed a partnership, as above stated. Mr. Brady being of a restless dis-
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position did not remain at Bethany quite a year, when he returned to Indiana. When the war broke out he entered the army, and was made colonel. After the war he entered journalism, and for several years published a paper at Muncie, Ind., displaying consider- able ability as an editor and politician. He was made chairman of the State Republican Committee in Indiana, and in 1876 was one of the " visiting statesmen " to Florida. During Grant's administration he was minister to San Domingo, and under Hayes he was made second assistant postmaster-general. It was under his management that the vast frauds in reference to the "Star Route Mail Service" in the west grew to such proportions. Mr. Brady, Mr. Dorsey and several others were indicted in the United States court at Washington for fraudulent practices, but after a long and celebrated trial they were acquitted by a jury. It was reported that Brady had accumu- lated great wealth, at one time being reported worth $1,000,000; this was no doubt greatly exaggerated, but whatever means he had were nearly all exhausted in the trials he had to defend, and it is now stated that he has but little means left.
William F. Miller came from Livingston County, Mo., about the year 1859, and was engaged in the practice at Bethany about two years. He had formerly practiced in Livingston County, and after locating in Bethany made real estate and land litigation a specialty. He entered the Confederate service in 1861, and at the close of the war returned to his former county, and resumed the practice of his pro- fession .
John Wyatt, a partner with Mr. Miller, came to Bethany about 1859, and soon succeeded in working up a lucrative business, especially in the criminal practice. He possessed more than average legal abili- ties, and but for failing health would doubtless have made a credita- ble record in the profession. In 1860 he was elected school commis- sioner of Harrison County, and the following year abandoned the legal business and went back to Livingston County.
George W. Elwell was an early resident of Bethany, but did not read law until after the close of the war. He came to the county as a minister of the Methodist Church, and in 1861 entered the army as captain. After his admission to the bar he was elected a member of the State Senate, in the deliberations of which body he took an active part. He began the practice of his profession under many favorable circumstances, and was a young man of good character and much more than ordinary intelligence and legal ability. Failing health compelled him to abandon the practice. His death occurred about the year 1869 or 1870.
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Thomas D. Neal. The name of but few men, living or dead, will excite in the people of Bethany and Harrison County a more pleasant remembrance than that of T. D. Neal. He was a native of Kentucky, came to Harrison County a short time prior to the late Civil War, and for some years followed the profession of school teaching. In 1861 he entered the Federal army as a member of Merrill's cele- brated cavalry regiment, and, after serving with distinction through- out the entire struggle, returned to Bethany, and entered the field of journalism as editor and proprietor of the Bethany Tribune, the Republican organ of Harrison County. He was a trenchant writer, an able politician and decided partisan, and soon became the acknowledged leader of his party in Harrison. In about the year 1866 he began the study of law, in the office of D. S. Alvord, and after his admission to the bar effected a copartnership with his pre- ceptor, which was continued for some time. He was elected probate judge in 1866, served in the Legislature from 1868 to 1872, and filled the office of prosecuting attorney for four years. Mr. Neal was a good lawyer in all branches of the profession, and was especially apt in the management of cases before a jury. He was also a fine special pleader, quick to detect faults in the pleading of opposing counsel, and his familiarity with legal technicalities won for him an extensive and lucrative practice. While he ranked well among the lawyers of the Bethany bar, it was as a politician and party leader that he will be remembered by the people of Harrison County. He died at his home in Bethany in 1883.
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