History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences, Part 23

Author: National Historical Company
Publication date: 1883
Publisher: St. Louis : National Historical Co.
Number of Pages: 1198

USA > Missouri > Cooper County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 23
USA > Missouri > Howard County > History of Howard and Cooper counties, Missouri : written and compiled from the most authentic official and private sources, including a history of its townships, towns, and villages : together with a condensed history of Missouri, a reliable and detailed history of Howard and Cooper counties-- its pioneer record, resources, biographical sketches of prominent citizens, general and local statistics of great value, incidents and reminiscences > Part 23

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ROANOKE.

Roanoke was originally settled by Virginians, who were great ad- mirers of that eccentric, but talented man, John Randolph, of Roanoke, and named the new town after his elegant country seat - Roanoke. It was laid out in 1834, on the east half of the southeast quarter of sec- tion 10, and west half of the southwest quarter of section 11, town- ship 52, range 16.

James Head erected the first house in the town, as a business house (general store) ; he was also the first postmaster. C. K. Evans is the present postmaster.

The town contains two churches, one a Missionary Baptist and the other a Union church, two dry good stores, two groceries, two drug stores, one tin shop and stove store, two saddlers, two milliners, two blacksmiths, one furniture store, one excellent public school, and one boarding-house.

Roanoke was the place for holding the great central fair for several years after 1866 ; this fair was sustained by Howard, Randolph and Chariton counties.

SECRET SOCIETIES.

Roanoke Lodge, No. 75, A. F. and A. M. Date of charter May 25, 1854. Charter members - Anthony Walton, W. M. ; J. B. Bradford, S. W. ; Michael H. Snyder, J. W. ; James Nelson, W. N. Nelson, M. D. Ryle, John Chonstant, T. J. Brockman, R. J. Mansfield, W. P. Phelps, William J. Ferguson, P. B. Childs and T. J. Blake.

Present officers -J. D. Hicks, W. M. ; C. R. Evans, S. W. (no Jr. Ward ) ; Reuben Taylor, treasurer ; J. W. Bagby, secretary ; Yew- ell Lockridge, S. D. ; J. C. Wallace, J. D. ; J. A. Snyder, tyler.

Bethel Lodge No. 87, I. O. O. F., was organized July 30, 1855, and worked under a dispensation until May 21, 1856, when the lodge received its charter.

The charter members were B. F. Snyder, J. A. Snyder, J. W. Terrill, Martin Green, T. L. Williams, W. L. Upton, and M. H. Snyder ; the first officers were B. F. Snyder, N. G. ; J. W. Terrill, V. G .; W. L. Upton, secretary ; M. H. Snyder, treasurer, and T. L.

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Williams, warden. The present officers are as follows : A. T. Prewitt, N. G .; T. G. Montgomery, V. G. ; J. S. Peters, secretary ; J. H. Crisler, treasurer ; W. E. Richardson, warden.

MONITEAU TOWNSHIP - BOUNDARY.

There have been no changes made in Monitean township since its reorganization and establishment, in 1821. It is one of the largest municipal divisions in the county, embracing an area of about seventy square miles. It is bounded on the north by Bonne Femme township, on the east by Boone county, on the south by Boone and Cooper counties, and on the west by Franklin and Richmond townships.

PHYSICAL FEATURES.

This township was once covered with a fine growth of timber. The land away from the river and the larger streams is usually high and rolling. The soil is rich, and many farmers have here builded elegant homes. Water facilities are good. The Monitean creek, after which the township received its name, traverses the entire length of its territory, while Salt creek waters other portions of the same. Plenty of building stone and coal, the latter but poorly developed, is found.

EARLY SETTLEMENTS.

The settlement of this township began comparatively early - 1812. At this period Price Arnold located on section 23. He was from Mercer county, Kentucky, and arrived in Franklin township in 1811. Here he remained until the following year, and took a claim where his grandson, Matthew Arnold, Esq., now resides. The same year he was joined by William Head, who came from Washington county, Virginia. In the latter part of that year (1812), these two gentlemen selected a sight and began the crection of Fort Head, named in honor of Mr. Head, named above, who was chosen captain of the little band, formed for the defense of the small colony against the anticipated attacks of the aborigines. It is impossible to give the names of all the settlers at this late date, who sought refuge in the fort. We will, however, give the names of such as we have been en- abled to get, and felicitate ourselves over the fact that we have snatched even these from the sea of forgetfulness, whither they, and all recollections concerning them, are so rapidly tending. Their names are Price Arnold, William Head, James Pipes, William Pipes, Joseph Austin, Perrin Cooley, a Methodist minister, Peter Creason, and

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HISTORY OF HOWARD AND COOPER COUNTIES.

Henry Lemons. After the close of hostilities, in 1815, immigration at once set in, and many valuable accessions to the population were made.

Gerrard Robinson arrived in 1819; Patrick in 1819; Waddy T. Curran in 1819 ; George Pipes in 1817 ; Pleasant Pipes in 1818 ; John Gray in 1817 ; Ephraim Thompson in 1817 ; James Hollom in 1817; Solomon Barnett and Zaccheus Barnett in 1818; Thomas Tipton in 1820 ; and Federal Walker in 1823. These were generally from Ken- tucky, the others from Virginia. In 1819, quite a number of settlers came from Todd county, Kentucky, and made a settlement in the northeastern part of the township, chief among whom were Colonel Benjamin Reeves, afterwards lieutenant-governor of Missouri, William L. Reeves, Benjamin Givens, Edward Davis, Colonel Joseph Davis, Judge Edward Davis, and Colonel Horner.

SEBREE.

The town of Sebree was laid out on a part of the southeast quarter and part of the northeast quarter of section 18, township 50, range 14. The town was located on the projected line of the Lou- isiana and Mississippi railroad. The road, however, never having been built, the town did not thrive.

BURTON TOWNSHIP. - BOUNDARY.

Burton township was created in 1880. It was taken from Prairie, Richmond and Bonne Femme townships. Its boundary as fixed by the county court, is as follows : Beginning at the Randolph county line between ranges 15 and 16; thence south to the line between sections 19 and 30, township 51, range 15; thence east one mile ; thence south one mile to the line between townships 50 and 51; thence east to the line dividing sections 35 and 36, township 51, range 15 ; thence north to the county line ; thence west with said line to the beginning. It adjoins Randolph county on the north, Bonne Femme township on the east, Richmond township on the south, and Prairie township on the west.

PHYSICAL FEATURES.

A portion of this township is prairie. The general surface is uneven, but as an agricultural region it is perhaps not surpassed by any other township in the county. The township is watered by the Bonne Femme and Salt Fork creeks. Both limstone and coal are found.

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HISTORY OF HOWARD AND COOPER COUNTIES.

For early settlers, see Prairie, Richmond and Bonne Femme townships.

BURTON.

This town is located on the line of the Missouri, Kansas and Texas railroad, and contained a population in 1880, of 129; the population now (1883) is considerably more. The business includes several stores, general assortment, a blacksmith shop, etc. The Patrons of Husbandry have at this point ( the only one in the county) a co-operative store. There is a hotel and one church edifice. The railroad company have here a good and sufficient depot.

BONNE FEMME TOWNSHIP. - BOUNDARY.

Bonne Femme township remains as it was originally formed, in 1821, excepting sections 11, 14, 15, 22, 23, have since been taken off, and added to the new township of Burton. Bonne Femme is situ- ated in the northeastern portion of the county, and is bounded on the north by Randolph, on the east by Boone county, on the south by Moniteau township, and on the west by Burton and Prairie townships.

PHYSICAL FEATURES.

This township, like Howard county generally, is a timbered dis- trict, there being all the varieties known to this latitude. The surface is hilly and undulating, and in some portions of the township, the country is broken and the soil is thin. Limestone abounds. The Bonne Femme and Moniteau creeks, which empty into the Missouri river, are fed by numerons small tributaries, which have their source in this township.

EARLY SETTLERS.

The first settlers of Bonne Femme, like the early settlers of the other townships, have all passed away. Among these, were Mr. Winn, the father of Judge G. J. Winn ; there was also Henry Myer, whose father lived at Myer's post-office ( Bunker Hill), which was named after him. Bunker Hill contains a post office, a blacksmith shop, and store. Myer was prominent in politics, having been a member of the State senate. There were among the prominent old settlers Ellis Walker and Charles Literal. Among others, were James Dougherty, Sr., Franklin Dougherty, John T. Dougherty, Joel J. Greggsby, Benjamin T. Saunders, M. H. Baily, Thomas Ancill, John Ashbury, John R. Hitt, George W. Potter, Bird New-

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HISTORY OF HOWARD AND COOPER COUNTIES.

man, James G. Muir, George Kirby, J. H. Blakely, Enyard Moberly, Daniel Palmatory, Daniel Gilvion, Jacob C. Williams, Jackson Harris, William K. Woods, Peter Woods, Silas B. Naylor, Joseph B. Andrews, Wm. Jones, Wm. Arnett and John Fisher. The present population of the township has principally sprung from Kentucky and North Carolina. The people are a moral, industrious class of citizens, and are successful farmers, their principal products being wheat and tobacco, though grass is grown to advantage. The first church in this township, was organized by the Baptists, in 1819, at Myer's.

CHAPTER XI.

BENCH AND BAR AND CRIMINAL RECORD.

Introductory Remarks - Bench and Bar of Old Franklin-Judge David Barton - Judge George Tompkins - Judge Mathias MeGirk - Judge Abiel Leonard - A Duel - Judge Leonard and Major Taylor Berry the Participants -Correspondence between Them - Their Trip to Wolf Island - The Duel - Result - Judge David Todd - Charles French, Esq. - Governor Hamilton R. Gamble- Judge John F. Ryland - Bench and Bar of Fayette-Judge James H. Birch - Hon. Joe Davis -Judge James W. Mor- row-Hon. Robert T. Prewitt - Governor Thomas Reynolds - General Robert Wil- son - General John B. Clark, Sr. - Judge Wm. B. Napton - Present Members of the Fayette Bar - Criminal Record- General Ignatius P. Owen - Washington Hill and David Gates - Price Killed Allen Burton - Lucky and Saffarans - Hays Killed Brown - Oliver Perry McGee Killed Thomas P. White - John Chapman Killed - Stephen Bynum Killed Joel Fleming - Murder at a Picnic.

Horace Greely once said that the only good use a lawyer could be put to was hanging, and a great many other people entertain the same opinion. There may be cause for condemning the course of certain practitioners of the law, but the same may be said within the ranks of all other professions. Such men should not be criticised as lawyers, doctors, or the like, but rather as individuals who seek through a pro- fession that is quite essential to the welfare of the body politic as the science of medicine is to that of the physical well being, or theology to the perfection of the moral nature, to carry out their nefarious and dishonest designs, which are usually for the rapid accumulation of money, although at times far more evil and sinister purposes, and which are the instincts of naturally depraved and vicious natures. None of the professions stand alone in being thus afflicted. All suffer alike. The most holy and sacred offices have been prostituted to base uses. And it would be quite as unreasonable to hold the entire medical fra- ternity in contempt for the malpractice and quackery of some of its unscrupulous members, or the church, with its thousands of sincere and noble teachers and followers, in derision for the hypocrisy and deceit of the few, who simply use it as a cloak to conceal the inten- tions of a rotten heart and a corrupt nature, as to saddle upon a pro- fession as great as either, the shortcomings of some of its individual members.

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HISTORY OF 110WARD AND COOPER COUNTIES.

By a wise ordination of Providence, law and order govern every- thing in the vast and complex system of the universe. Law is every- thing - lawyers nothing. Law would still exist, though every one of its professors and teachers should perish from the face of the earth. And should such a thing occur, and a new race spring up, the first in- structive desire of its best men would be to bring order out of chaos by the enactment and promulgation of wise and beneficial laws. Law in the abstract is as much a component part of our planet as are the elements, earth, air, fire and water. In a concrete sense, as applied to the government of races, nations, and people, it plays almost an equally important part. Indeed, so grand is the science and so noble are the objects sought to be accomplished through it, that it has in- spired some of the best and greatest men of ancient and modern times to an investigation and study of its principles, and in the long line of great names handed down to us from the dim and shadowy portals of the past, quite as many great men will be found enrolled as members of the legal profession as in any of the others, and owe their greatness to a sound knowledge of the principles of law, and a strict and impar- tial application of them. Draco, among the first and greatest of Athenian law-givers, was hailed as the deliverer of those people be- cause of his enacting laws and enforcing them for the prevention of vice and crime, and looking to the protection of the masses from op- pression and lawlessness. It is true that many of the penalties he at- tached to the violation of the law were severe, and even barbarous, but this severity proceeded from an honorable nature, with an earnest desire to improve the condition of his fellow-men. Triptolemus, his contemporary, proclaimed as laws : " Honor your parents, worship the Gods, hurt not animals." Solon, perhaps the wisest and greatest of them all, a man of remarkable purity of life and noble impulses, whose moral character was so great, and conviction as to the public good so strong, that he could and did refuse supreme and despotic power when thrust upon him, and thus replied to the sneers of his friends : -

Nor wisdom's plan, nor deep laid policy, Can Solon boast. For, when its noble blessings Heaven poured into his lap, he spurned them from him. Where were his sense and spirit, when enclosed He found the choicest pray, nor deigned to draw it? Who to command fair Athens but one day Would not himself, with all his race, have fallen Contented on the morrow?

What is true of one nation or race in this particular is true of all,

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HISTORY OF HOWARD AND COOPER COUNTIES,

viz. : that the wisest and greatest of all law-makers and lawyers have always been pure and good men, perhaps the most notable exceptions being Justinian and Tribonianus. Their great learning and wisdom enabled them to rear as their everlasting monument, the Pandects and Justinian Code, which, however, they sadly defaced by the immoralities and excesses of their private lives. Among the revered and modern nations will be found, conspicuous for their great services to their fel- lows, innumerable lawyers. To the Frenchman the mention of the names of Tronchet, Le Brun, Portalis, Roederer, and Thibandeau ex- cites a thrill pride for greatness and of gratitute for their goodness. What Englishman, or American either, but that takes just pride in the splendid reputation and character of the long line of England's loyal lawyer sons? The Bacons, father and son, who, with Lord Burleigh, were selected by England's greatest queen to administer the affairs of state, and Somers and Hardwicke, Cowper and Dunning, Elden, Blackstone, Coke, Stowell, and Curran, who, with all the boldness of a giant and eloquence of Demosthenes, struck such vigorous blows against kingly tyranny and oppression ; and Eskine and Mansfield and a score of others.

These are the men who form the criterion by which the profes- sion should be judged. And in our own country, have we not names among the dead as sacred and among the living as dear? In the bright pages of the history of a country, founded for the sole benefit of the people, and all kinds of people, who, more than our lawyers, are re- corded as assisting in its formation, preservation, and working for its perpetuity ?

The American will ever turn with special pride to the great Webster, Rufus Choate, William Wirt, Taney, Marshall, and a hun- dred others, who reflected the greatest honor upon the profession in our own country. And among the truest and best sons of Missouri are her lawyers, and even in the good county of old Howard, some of her most highly esteemed and most responsible citizens are members of this noble profession.

BENCH AND BAR OF (OLD ) FRANKLIN.

Franklin was especially noted for its corps of able and profound lawyers, many of whom afterwards attained state and national repu- tations. Below, will be found brief, biographical sketches of the earliest and most prominent members of the Franklin bar beginning with-

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HISTORY OF HOWARD AND COOPER COUNTIES.

JUDGE DAVID BARTON.

He was a native of Greene county, Tennessee ; of poor, but re- spectable parents. Settled in St. Louis, before Missouri was admitted into the Union. He was the first United States senator elected from Missouri. Col. Thomas H. Benton was his colleague. He was the presiding officer of the constitutional convention of the state in 1820. Served in the state senate from 1834 to 1835. He was the first circuit judge, that presided over a Howard county court-in 1816- residing at Franklin. Although deficient in his early education, he possessed a good command of language and was an eloquent, sarcastic and witty speaker. He died near Boonville, Cooper county, in September, 1837, and left no family.

JUDGE GEORGE TOMPKINS.

Was born in Carolina county, Virginia, in March, 1780. Came to St. Louis, about the year 1803, and taught school and read law at the same time. He located in Old Franklin about the year 1817. He was a member of the legislature (territorial) when that body sat at St. Charles. In 1824, he was appointed judge of the supreme court 1

of Missouri. He died at Jefferson City in 1846. That he was a fine jurist and a man of spotless integrity, admits of no doubt. Like Judge Barton, he left no family.

JUDGE MATHIAS M'GIRK.

This popular and able jurist, was one of the first three judges appointed to the supreme bench of Missouri, in 1820. He was a native of Tennessee. Was born in 1790. Came to St. Louis when quite young ; moved to Montgomery county, and afterwards settled in Franklin. He remained on the bench until 1841. His opinions will be found in the first six volumes of Missouri reports. He was a member of the territorial legislature and was the author of the bill to introduce the common law into Missouri.

JUDGE ABIEL LEONARD.

This eminent lawyer, was born in Windsor, Vermont, May 16, 1797. In 1819, at the age of 21 years, he came to St. Louis, descend- ing the Ohio river in a skiff from Pittsburgh. Remained in St. Louis but a few days and then started on foot for Franklin, which he reached after recovering from a spell of sickness, which he had at St. Charles. He, however, after teaching a six months' school in the vicinity of Franklin, located first at Boonville, where he remained two years and then returned to Franklin. In 1834, he was elected to the legislature ;

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HISTORY OF HOWARD AND COOPER COUNTIES.

revised the laws of the state in 1834-5, and was appointed a judge of the supreme court upon the resignation of Gov. Gamble. As a jurist, he had no superior in the state. Judge Leonard moved to Fayette in 1824.

A DUEL.

Having given above a brief biographical sketch of Judge Leonard, we deem it proper, in this connection, to mention the duel he had with Major Taylor Berry, and reproduce the correspondence that passed between the two gentlemen, prior to their meeting, which terminated so fatally to one of the participants. Major Berry, at the time of the difficulty, was residing in the town of Old Franklin. He was a Kentuckian by birth, high strung and quick to resent an insult, whether offered to himself or to his friend.

In June, 1824, a law suit occurred in the town of Fayette, in which Judge Leonard and Major Berry were interested as attorneys. Leonard had cross-examined a witness in court - a witness who had testified in the interest of Major Berry - and had done it in such a manner as to greatly offend both the witness and Berry. After court had adjourned for noon, the witness threatened to make a personal assault on Leonard in the street, should he meet him. Berry hearing of what the witness had said in reference to assaulting Leonard, told him to never mind, let him attend to Leonard. It was noticed that Berry held in his hand, a black, horse whip, and after Leonard had repaired to his boarding-house, and eaten his dinner, he was met by Berry, in front of the hotel, who struck him several times with the whip. Berry being a much stronger man physically than Leonard, the latter being unarmed too, could make but slight resistance. The insult thus offered, and the manner in which it was done, so outraged the feelings of Judge Leonard, as a man and citizen, that he at once determined to send Berry a challenge which he accordingly did.

The following is the correspondence which took place between the parties : -

[ Leonard to Berry.]

FRANKLIN, June 26, 1824.

SIR : I demand a personal interview with you. My friend, Mr. Boggs, will make the necessary arrangements on my part.

Yours, etc., A. LEONARD.

MAJOR BERRY.

To which Major Berry replied as follows : -

FRANKLIN, Mo., June 28, 1824. SIR: Your note of the 26th has been received. Without

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HISTORY OF HOWARD AND COOPER COUNTIES.

urging the objections which I might have to the note itself, or to the demand it contains, I shall answer it, to redeem a promise which I made at Fayette (in passion ) that I would give you the demanded interview. My business, which embraces many duties to others, will require my personal attention until after the first of September next, after which time, any further delay will be asked from you only.

To make any arrangements, Maj. A. L. Langham will attend on my part.

Yours, etc.,

TAYLOR BERRY.

Shortly before the meeting took place between Judge Leonard and Major Berry, Leonard was arrested by direction of Judge Todd, and required to give bond in the sum of $5,000 to keep the peace. He said to the judge, " Name the amount of the bond, for I am de- termined to keep my appointment with Major Berry." Near the close of August, the parties, with their seconds and surgeons, proceeded down the river, having previously entered into -through their sec- onds - the following stipulation, to meet at some point near New Madrid on the Mississippi river, in the southern part of the state : -

We, Thomas J. Boggs and Angus L. Langham, appointed by Abiel Leonard and Taylor Berry to act in the capacity of their friends in a personal interview they are to have, and to agree upon the terms by which the said parties shall be governed in the combat, do agree, the said Thomas J. Boggs for and on behalf of Abiel Leonard, and the said Angus L. Langham for and on behalf of Taylor Berry, to the terms and regulations following, to-wit : The place of meeting shall be at some point, either in Kentucky, Tennessee or Arkansas, which shall be most convenient to the town of New Madrid -the particulars to be determined by the seconds, who, for that purpose, as well as for the making of any other necessary arrangement, shall meet in the town of New Madrid on the third day previous to the time specified in this instrument for the personal meeting of the parties, at ten o'clock, A. M. The time for the personal meeting of the par- ties is fixed on the first day of September next, at ten o'clock in the morning. The arms to be used by the parties shall be pistols, each party choosing his own, without any restriction as to the kind, except that rifle pistols are prohibited. The distance shall be ten paces of three feet each. The position of the parties shall be side to side, so as to fire without wheeling. When the parties have taken their po- sitions, the question " Are you ready ?" shall be asked, to which the answer shall be " Yes." If either party answer negatively, or in other terms, the question shall be repeated. When both parties an- swer " Yes, " the word " Fire " is to be given ; upon which the par- ties shall fire within the time of counting eight, which shall be slowly and audibly done. As soon as the person counting finishes, he shall order " Stop, " which shall be the word of cessation for that fire.

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HISTORY OF HOWARD AND COOPER COUNTIES.

The choice of positions shall be determined by lot, as well as the giv- ing the word. The counting shall be done by the second who loses the word. If the pistol of either party shall snap or flash, it shall be considered a fire. If a shade cannot be obtained, the parties shall stand on a line across the sun.

A. L. LANGHAM, T. J. BOGGS.

Franklin, July 1, 1824.

The time for the meeting of the parties is changed to four o'clock, P. M. The dress, an ordinary three-quartered coat.

T. J. BOGGS, A. L. LANGHAM .

Point Pleasant, Aug. 31, 1824.

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Author: National Historical Company Publication date: 1883 Publisher: St. Louis : National Historical Co. Number of Pages: 1198

Author: National Historical Company
Publication date: 1883
Publisher: St. Louis : National Historical Co.
Number of Pages: 1198