USA > Missouri > Cedar County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 27
USA > Missouri > Dade County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 27
USA > Missouri > Barton County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 27
USA > Missouri > Hickory County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 27
USA > Missouri > Polk County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 27
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).
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HISTORY OF POLK COUNTY.
and John S. Campbell, constable of Jackson Township. At the same term the following justices of the peace were appointed: Thomas Marlin, William Montgomery, Richard Sage, William Lunceford, Abner Spence, T. W. Johnson, John Riddles, Henry Akard, Isaac Ruth, James Stockton, and William Penn. County warrants were issued to the amount of $10-the first one to J. N. Sloan for $3.50, which was, at that time, considered suffi- cient remuneration for two days' service as judge. The second was in favor of Richard Sage for the same amount and services; the third in favor of Joseph English for services as sheriff in wait- ing on the court.
During the greater part of its history the county court con- sisted of three county court justices, one of whom acted as the presiding officer, and the other, two as associate justices. Febru- ary 8, 1878, under an act of the Legislature providing for a uni- form system of county courts, approved April 27, 1877, the county court divided Polk County into two separate districts, making one of them consist of the townships of Benton, Greene, Jefferson, Mooney and Looney, and the other of the townships of Marion, Johnson, Madison and Jackson, to which Campbell Township was added after its creation, in 1886. The first is known as the Eastern, and the second as the Western District. This was done, as the act provided, for the purpose of electing a county court judge, biennially, from each district, beginning with 1880. The act further provided that one judge of the county court should be elected quadrennially by the people of the county at large, beginning in 1882, and that this officer should be the presiding judge of the court. The county court has now, as before, jurisdiction over all county business proper, and for the whole of the time, when there has been no separate probate court, it has also had jurisdiction over all probate business in the county. Polk County adopted the township organization by a vote in November, 1872, under which much of the business for- merly devolving on the county court is now under the jurisdiction of township officials. (See list of county officers. )
Probate Court .- The office of probate judge was established in 1860, previous to which time the county court held probate jurisdiction. W. R. Cowan was appointed first judge, and was
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STATE OF MISSOURI.
succeeded by William Beren in 1862, who was the incumbent of the office until 1863, when it was abolished, and the business was transferred to the county court, which afterward exercised juris- diction over all probate affairs until 1867. A separate probate court was then established.
Circuit Court .- The first circuit court in Polk County was held at Bolivar in a log cabin, near the present court house site, September 7, 1835. C. H. (familiarly known as "Horse ") Allen presided as judge; Joseph Allen was clerk pro tem. and Joseph English sheriff. But two cases were on the docket, and only one of them was tried -an action of replevin brought by David Welch vs. Robert Graham, in which judgment was ren- dered for the defendant. The grand jurors at that time were Thomas Jones, foreman; Peter Ruyle, Richard Stout, William Penn, Elijah Milliken, William M. Crisp, Henry Akard, Joseph H. Miller, William Lunceford, Amos Richardson, Thomas Gilli- han, Absalom Rentfrow, Caswell Beckham, Winfrey Owens, John Burch, Josiah Dent and Thomas Marlin. The only true bill which this body returned was an indictment of David O. George for peddling without a license. Not a member of this court or jury has been living for nearly fifteen years, the latest survivor, Amos Richardson, having died at Humansville in 1875, aged 83 years. The first name on the list of attorneys is that of Hon. John S. Phelps, under date of August 7, 1837. Then follow, in the order mentioned, those of Littleberry Hendricks, Charles S. Yancey, Robert W. Crawford and James Winston at the same term.
In time Polk was attached to the Seventh Judicial Circuit of the State of Missouri, which, by a legislative enactment of 1849, was made to consist of the counties of Benton, Hickory, Laclede, Dallas, Polk, Cedar, St. Clair and Henry. That circuit was afterward changed to the Fourteenth, and, under a statute of 1876, it was made to consist of Laclede, Webster, Polk, Wright, Dallas, Hickory and Douglas Counties. In 1883 Douglas County was attached to another circuit and Camden County was taken into the Fourteenth in its stead, and the circuit is now composed of Laclede, Camden, Wright, Webster, Dallas, Polk and Hickory Counties.
Bar .- The roll of attorneys who have registered upon the
HISTORY OF POLK COUNTY. 297
records of this court, is as follows: John S. Phelps, Littleberry Hendricks, August 7, 1837; Charles S. Yancey; Robert W. Crawford, James Winston, December 11, 1837; David Sterigere, John Wilson, George W. Daschal, 1837; William McCord, John W. Waddill, August 7, 1838; C. H. Allen, Charles P. Bullock, Benjamin F. Robinson, 1838; George Dixon, March 15, 1841; B. P. Major, R. P. Clark, Jr., July 19, 1841; F. A. Kownslar, William J. Mayo, November 15, 1841; Peter Hurler, John T. Crenshaw, March 21, 1842; G. W. Buckner, November 20, 1842; Thomas Ruffin, William C. Jones, Cyrus Stark, E. D. McKen- ney, John T. Coffee, John C. Julian, June 26, 1843; M. D. Hendrick, November 28, 1843; John C. Price, Edward H. Howell, November 29, 1843; E. C. Davis, William Smyth, Will- iam Rogers, March 21, 1844; Waldo P. Johnson, William Cun- ningham, March 25, 1845; Caleb Williams, September 22, 1845; Samuel A. Boake, De Witt C. Ballou, March 23, 1846; J. A. Chapman, William M. Peck, September 29, 1846; J. M. Barker, June 14, 1847; J. W. Davis, April 15, 1848; William C. Price, April 15, 1851; A. T. Howe, October 19, 1852; B. L. Hen- drick, October 21, 1852; Robert S. Bevier, S. Chandler, August 10, 1853; John M. Slemmons, C. W. McCulloch, April 3, 1856; John W. Payne, June 2, 1857; Z. D. German, October 20, 1857; John F. Snyder, M. A. Steele, T. W. Freeman, October 20, 1859; Burr H. Emerson, W. A. McClain, A. B. Whipple, Octo- ber 19, 1859; D. C. Dade, J. F. Hardin, J. M. Richardson, J. H. Shaw, H. J. Lindenbower, Henry C. Young, John S. Phelps; T. A. Sherwood, J. H. Baker, A. M Julian, James Mack, J. R. Waddill, J. H. Lay, Foster P. Wright, John R. Cox, J. H. Creighton, John P. Tracy, J. C. Rogers, William M. V. Leigh- ton, W. G. Gilger, S. S. Burdett, J. H. Clark, 1859-65; R. F. Buller, J. J. Gravely, September 4, 1866; W. Galland, Allen C. Wallace, L. A. Wright, James Masters, W. D. Hoff, John D. Abbe, W. H. H. Wagoner, S. E. Price, Henry T. Sumner, E. J. Smith, John P. Ellis, C. F. Leavitt, C. H. Brown, Robert Allen, W. A. McClain, John R. Cox, J. O. Cox, Benjamin W. Massey, John E. McKeighan, John L. Barr, Peter Wilson, J. E. Kenton, H. B. Watson, Charles Kroff, G. Whitelaw Shield, 1866-67; Joseph H. Outhwaite, William O. Mead, August 31,
19
.
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STATE OF MISSOURI.
1868; R. A. Holt, November 10, 1868; A. S. Smith, John W. Ross, March 1, 1869; F. H. B. Lawrence, March 2, 1869; John L. Shields, November 8, 1869; B. J. Emerson. December 30, 1869; Sidney C. Wilson, W. Rollins, T. G. Rechow, May 16, 1870; J. D. Parkinson, September 3, 1870; R. H. Musser, October 19, 1870; A. A. Underwood, November 2, 1870; R. Speer McIlduff, April 24, 1871; James G. Simpson, J. B. Upton, April 25, 1871; W. F. Freeman, O. D. Knox, Octo- ber 23, 1871; C. A. Milliken, October 24, 1871; B. F. McHenry, October 23, 1871; M. N. Neihardt, October 30, 1871; M. B. Smith, W. H. Anderson, April 22, 1872; Orlando H. Barker, October 21, 1872; J. E. McCabe, October 26, 1872; William A. Kittinger, October 25, 1873; David A. De Armond, October 27, 1873; C. J. Harrison, William R. Hudson, William T. Johnson, Ben. V. Alton, A. D. Matthews, B. L. Brash, 1874; C. W. Thrasher, October 27, 1875; James W. Rains, October 29, 1875; Eugene Wilker- son, April 24, 1876; W. B. Burr, April 25, 1876; H. Shellen- berger, April 28, 1876; H. R. Milliken, May 4, 1876; J. F. Duckwell, December 9, 1876; J. H. Lucas, December 12, 1876; Thomas K. O'Day, John C. Ferguson, April 26, 1878: W. W. Shaffner, October 28, 1889; R. V. Burns, October 29, 1879; C. L. Allen, October 20, 1880; W. H. Sherman, April 26, 1881; W. E. Johnson, April 27, 1881; C. L. Russell, October 29, 1881; Phil. F. Simmons, April 25, 1882; M. Kinealy, October 23, 1882; John S. Haymes, April 27, 1883; J. H. Childers, May 14, 1884; A. McElhinney, October 20, 1884; W. R. Porter, Octo- ber 27, 1884; James T. Neville, C. H. Skinker, April 20, 1885; J. D. Irvine, April 27, 1885; C. W. Hamlin, April 21, 1885; Thomas K. Musick, April 27, 1885; William C. Kelly, October 20, 1885; Levi Engle, October 23, 1885; George P. Uhl, Octo- ber, 1885; W. A. Ragland, J. H. Page, April 20, 1886; I. W. Boulware, April 22, 1886; D. H. Budlong, May 2, 1887; Edgar P. Mann, Herbert H. McCluer, A. F. Butts, October 18, 1877; George T. Edmison, October 20, 1887; W. E. Bowden, April 25, 1888; T. T. Loy, J. A. Moore, December 10, 1888; O. H. Scott, E. P. Miller, December 11, 1888.
Of these lawyers, many lived without the borders of the
299
HISTORY OF POLK COUNTY.
county; some, perhaps, never had more than one case in the Polk County Circuit Court; many were well-known residents of the county, identified with its most important interests. Of both residents and non-residents, several have been distinguished in one way or another, and such are deemed worthy of special men- tion. Hon. John S. Phelps was for eighteen years representative of his district in Congress; was military governor of Arkansas, and, later, governor of the State of Missouri. Littleberry Hen- dricks was a noted lawyer in his time. Benjamin F. Robinson was an able advocate and the owner of a large tract of land near Bolivar. Thomas Ruffin was widely known in his day; and so, too, was John T. Coffee. John C. Price served as judge of the circuit court, and lived to an advanced age. Waldo P. Johnson was prosecuting attorney and a United States senator about the opening of the Civil War. He allied himself, with some distinc- tion, with the Confederate cause. After the war he returned, and practiced his profession until within a short time of his death, which occurred a few years ago, serving as judge of the circuit court. De Witt C. Ballou, also a circuit court judge, died about 1860. T. W. Freeman, father of Walter Freeman,, a mer- chant of Bolivar, was judge of the circuit court for many years. Foster P. Wright was likewise distinguished. S. S. Burdett was prosecuting attorney, and later a member of Congress. He, for some years, held the position of commissioner in the ,general land office in Washington, D. C., and is now practicing his pro- fession in that city. T. A. Sherwood is a judge of the supreme court. Burr H. Emerson was an able lawyer, and a man of strong personality, who exerted much influence. B. J. Emer- son, his son, also gained a high standing at the bar. J. J. Gravely, who served during the war as colonel of a Federal regiment, was later admitted to the bar, where he gained a good reputation. He became lieutenant-governor of Missouri. John D. Abbe, a lawyer of ability, was elected probate judge in 1868; has served in the Legislature and as prosecuting attorney, and is now in practice in Bolivar. Ben. V. Alton became a circuit court judge. J. D. Upton, a resident of Bolivar, was the Republican nominee for Congress from his district in 1888.
Criminal Cases .- Murders in Polk County have been few.
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STATE OF MISSOURI.
There has never been a conviction in the court of murder in the first degree, and it is probable no county in the State can show a clearer record, so far as the taking of human life is concerned. The county has yet to have its first shocking murder and its first exciting trial, conviction and hanging. The indictments most numerous in the court records are for selling liquor illegally, and it is little to be questioned that actions for divorce rank next in frequency - at least they have been so numerous as to take a prominent place on the records. In a majority of these cases, women have been the plaintiffs. In view of these facts, it will be seen that Polk County really has no remarkable criminal record, and this speaks well for the peaceful and law-abiding character of her citizens. Her resident bar is able, if not numerous, and the affairs of the court have been administered with uniform ability and integrity.
GENERAL COUNTY INTERESTS.
Seat of Justice .- Joseph C. Montgomery, who was appointed at the first term of the county court to select the county seat, failed to do so, and, on March 20, 1835, William Jamieson was. appointed to succeed him. The land on which Bolivar now stands was selected on account of its pleasant situation and central position in the county. Mr. Jamieson purchased the land from the United States Government, and the purchase is recorded at the land office, in Springfield, as the first cash entry in the county.
Public Buildings .- The court house is a substantial brick edifice of two stories, built in 1841. Though it was ample for the purpose when erected, in some respects the county has outgrown it, and additional accommodations are needed, chief among which are fire-proof vaults for the protection of important public records.
The first jail, a log structure, built soon after the organiza- tion of the courts, stood on the southwest corner of the square facing the old Emerson place, in the southeast part of the town. It was superseded by a more pretentious building, on the site of the present jail, built about the beginning of the
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HISTORY OF POLK COUNTY.
war. The new jail was erected in 1880, and paid for without the imposition of a special tax. It is of brick, two stories, the upper story containing three cells or cages of chilled iron of the most approved pattern. The lower story is occupied as a residence by the sheriff and his family. Prisoners are treated with humanity, their safe keeping assured, and their necessities amply supplied. The cells, however, rarely have a tenant.
County Finances .- After the war, the receipts and expendi- tures of Polk County began to assume considerable proportions. The public records do not show any statement prior to 1879. A copy of that year's statement is appended, and also that for 1887-88, the last on file. showing the condition of the county finances at the dates mentioned.
COUNTY INDEBTEDNESS.
To railroad bonds. $33,500.00
To bond to school fund. 1,000.00
To amount 1877, county warrants unredeemed. 2.40
To amount 1878, county warrants unredeemed. 15.97
To amount 1879, county warrants unredeemed. 4,735-72
$39,254.09
RECEIPTS COUNTY FUNDS FOR 1879, AND BALANCES IN TREASURY.
To county revenue on hand in treasury, May 9, 1879. $2,722.12
To railroad interest fund on hand in treasury, May 9, IS79. 739.67
To Greene Township fund on hand in treasury, May 9, IS79. 9.87
To poor-house fund on hand in treasury, May 9, 1879. .IO
Total balances in treasury on settlement, May 9, 1879. $3,471.78
To county revenue fund received from county collector from April 1, IS79,
to March 1, 1880 . .$10,050.09
To receipts from sale of county furniture. 5.00
To receipts from railroad interest fund. 2,013.SI
To receipts from general township fund. 16.85
To receipts from road fund. . 36.35
To receipts from county past indebtedness 58. 12
To receipts from Greene Township 50.84
Total receipts into treasury. $12,231.06
Total balances in treasury May 9, 1879. 3,471.78
Total balances and receipts for past year . $15,702.84
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STATE OF MISSOURI.
EXPENDITURES COUNTY FUNDS FOR 1879 AND BALANCES IN TREASURY.
By county warrants redeemed from May 9, 1879 to April 1, 1880. $ 9,752.35
By jury scrip redeemed from May 9, 1879 to April 1, 1880. 1,110.79
By interest paid on school fund bond for 1879. 1,505.00
By Greene Township warrants redeemed. 33.86
Total debt redeemed by treasury. $12,502.00
Total balance in treasury April 6, 1880. 32.84
ABSTRACT OF EXPENDITURES 1879.
County warrants issued from January I to December 31, 1879. $14,713.03
Jury scrip issued from January I to December 31, 1879. 1, 179.83
Interest on railroad bonds 1,505.00
Interest on county bond to school fund. 100.00
Total expenditures. $17,497.86
Total receipts 15,702.84
Total expenditures in excess of receipts. $ 1,795.02
COUNTY INDEBTEDNESS, 1887:
County warrants and jury scrip of 1883, unredeemed. $ 10.50
County warrants and jury scrip of 1884, unredeemed. 23.70
County warrants and jury scrip of 1885, unredeemed.
1,271.53
County warrants and jury scrip of 1886, unredeemed. 5,944. II
County warrants and jury scrip of 1887, unredeemed. 6,219.52
Railroad bonds. 33,500.00
Total indebtedness. $46,969.36 .
ABSTRACT OF RECEIPTS AND EXPENDITURES, 1887.
Receipts: County revenue $18,995.97
Railroad interest 6,314.03
Road fund. 3.23
Township fund. .95
County past indebtedness fund 2.88
Dog fund.
5.00
Total receipts February 7, 1887, to February 7, 1888. $25,322.06
Expenditures: County warrants issued during 1887 $14,118.59
Jury scrip issued during 1887. 1,627.95
Interest on railroad bonds. 2,345.00
Coroner's bill for inquests. 20.00
Total expenditures from February 7, 1887, to February 7, 1888 .. $18,111,54
Receipts in excess of expenditures. $ 7,210.52 Receipts and balances in treasury :
Amount on hand February 7, 1887 $ 3,863.70
Received from February 7, 1887, to February 7, 1888. 25,322.06
Total $29, 185.76
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HISTORY OF POLK COUNTY.
County warrants and jury scrip redeemed. $18,933.44 Railroad bond coupons 2,345.00
Railroad interest transferred to railroad sinking fund. 4,045.02
Total. $25,233.46
Balance in treasury is $3,862.30, divided as follows: County revenue fund, $114.54; railroad interest fund, $3,743.58; road interest fund, $1.58; township interest fund, 83 cents; county past indebtedness fund, $1.77.
COUNTY EXPENDITURES FOR 188S.
County officers' salaries. . $ 5,796.37
County roads and road overseers. 4,177.00
Paupers and poor-house 1,319.00
Costs in criminal cases 1, 122.50
Printing, stationery, etc. 1,070.60
Paupers in county. .
898.95
Insane paupers at asylums.
636.10
Wood, repairs, etc. 422.04
Defense in suit of A. D. Wilson vs. Polk County.
327.50
General election 277.50
Financial investigating committee. 119.00
Polk County fair premiums. 100.00
Miscellaneous ..
153.10
Grand and petit jurors and witnesses before grand jury.
1,337.65
Total. $17,757.31
Railroad Bonds .- In 1869 the county court subscribed $250,000 to the capital stock of the Laclede & Fort Scott Rail- road. A large portion of the grading between Lebanon and Bolivar was done in 1871 and 1872, and of the subscription made Polk County paid $33,500 in bonds. In 1872 the work of con- struction was suspended, and Polk County refused to issue any more bonds. Several attempts have been made by parties claim- ing to be creditors of the railroad to compel Polk County to issue bonds in satisfaction of judgments obtained by them against the railroad company. These efforts have been successfully resisted by the county, and have now probably received their quietus from the United States courts, and Polk County, more fortunate than any of her sister counties of the West, has lightly escaped the consequences of a rage for bond-voting, which at one time was so prevalent.
Aside from the litigation above referred to, several interest- ing incidents of the county's history find their material in this subscription. In 1877 it was proposed to construct a narrow-
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STATE OF MISSOURI.
gauge trunk line from Easton, Kansas, through Bolivar, on the line of the Laclede & Fort Scott, to Lebanon, and thence to the Mississippi River. A convention was held at Lebanon, early in 1877, which was attended by delegates along the line. Great enthusiasm prevailed, and the work of procuring subsidies by private subscription was taken up immediately. During the summer and fall of that year a canvass of the county was made, and private subscriptions amounting to $60,000 were pledged and placed in the hands of trustees. Nothing came of this scheme, which cost much labor on the part of public-spirited citizens.
In 1877, the Laclede & Fort Scott Railroad passed into the hands of the St. Louis, Lebanon & Western Company. In. 1882, Eastern capital, to the amount of $75,000, was secured, and expended upon the grade between Lebanon and Bolivar, which was made ready for the ties to a point within a few miles of Bolivar. The new company, of course, desired a subsidy; but the State constitution of 1875 prohibited counties from voting aid to railroad corporations. A proposition, therefore, was submitted to the voters of the county to compromise Polk's unpaid subscription for the sum of $100,000, such compromises of liabilities being still lawful. With the compromise proposition was coupled a pledge to complete the road to Bolivar within a certain time. This proposition was hastily debated in an exciting campaign, and was defeated.
In the fall of 1882 the St. Louis & San Francisco Railway Company conditionally purchased the property of the St. Louis, Lebanon & Western, and at the general election of that year a second proposition of compromise was submitted, and the induce- ment again offered of securing a railroad. This gave rise to a still hotter contest, but was carried by a good majority. How- ever, the St. Louis & San Francisco Company failed to complete its purchase of the road-bed, and nothing was done toward the further construction of the line. Thus matters remained until 1874, when the " Frisco " constructed the Springfield & Northern road to Bolivar. This, the first railroad entering the county, was completed in October of that year.
The creditors of the Laclede & Fort Scott, after many years of
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HISTORY OF POLK COUNTY.
litigation, finally obtained the appointment of a receiver for the road, and in 1886 the property was sold for a nominal sum, par- ties closely connected with the St. Louis & San Francisco becoming the purchasers. The property is still in their posses- sion, and in the fullness of time the road will undoubtedly be constructed and become a portion of the 'Frisco system.
'In 1871 the county court issued an order subscribing $250,- 000 to the Clinton & Memphis branch of the Tebo & Neosho railroad, subject to the ratification of the tax-payers at the polls. The conditions upon which the proposition was made to the peo- ple were, among others, that the said branch railroad should be located through Polk County, from or near its northwestern lim- its, upon the most practicable route, by way of Bolivar, in the general direction of Memphis, Tenn .; that a depot should be established and maintained within one-half mile of the public square in Bolivar, except in case of a possible extension of the city limits, in which event the distance might be increased to three- fourths of a mile; and that depots should be located on the line of the railroad near Humansville, and at some convenient point near the eastern or southern boundary of the county. Such, in brief, were the advantages offered by the projectors of the line. Other conditions followed, defining the work the projectors should accomplish before demanding anything from the county. The proposition was defeated by popular vote March 25, 1871.
Other Railroad History .- About ten years ago, a line was surveyed from Springfield, through Bolivar, to Warsaw, to form a portion of the Sedalia, Warsaw & Southern scheme, which was nipped in the bud by Gould, after he assumed control of the Missouri Pacific, who bought it to prevent an extension southerly. A line from Osceola to Bolivar was surveyed in 1884 and 1885, which, however, never came nearer completion. A line was surveyed for the Chicago, Hannibal & Springfield projectors, through Polk County, passing through Pleasant Hope and Fair Play, but the adoption of the route via Buffalo, in 1887, of this not yet constructed road, deprived this county of the promised benefits offered by the original survey. In the spring of 1887, the " Gulf" people made a survey of a line from Bolivar to Fair Play, as a possible feeder to the Gulf road, but its construction
-
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STATE OF MISSOURI.
seems at this time extremely problematical; though the con- struction of the Jefferson City & Southwestern Railroad via Humansville, across the northwest corner of the county, appears probable.
Polk County railway facilities consist of those afforded by the Springfield & Northern Railroad, popularly known as the 'Frisco branch, which has stations within the county limits at Bolivar (the present terminus), Tremont, Wishart and Graydon; and the Clinton branch of the Gulf road, with stations in the county at Humansville, Dunnegan, Fair Play, Aldrich and Sharon,
The County Poor Farm .- This establishment. consists of a tract of 160 acres of improved, productive and valuable land, with suitable buildings, located about four miles southeast of Bolivar. The inmates are cared for with humanity and kindness, the contract for their oversight and sustenance for 1889 having been awarded to Washington Eidson.
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