History of Johnson County, Missouri, Part 23

Author: Cockrell, Ewing
Publication date: 1918
Publisher: Topeka, Kan. : Historical Publishing Co.
Number of Pages: 1234

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Doctor Lee was a member of the Methodist church and one of John- son county's substantial citizens. He was a successful physician and followed his profession until he reached quite an advanced age.

Dr. C. L. Carter was the first physician to locate in the town of Holden. He was a native of Missouri, born in Ray county, March 1, 1832. He began his career as a teacher. In 1851 he settled in Cass county and later entered the St. Louis Medical College, where he was graduated with honors. He settled in Holden in 1858 and erected the first frame residence in that town. In 1862 he entered the army as a surgeon.

Doctor Carter was a successful physician and accumulated quite a comfortable fortune. He contributed a great many scientific articles to

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the leading medical journals of his time, and shortly after the war wrote a treatise on pathology.

Dr. R. L. Bolton was the second physician to locate in Holden, coming there in 1860. He was a native of North Carolina, born in 1830. He was a graduate of the Eclectic Medical School at Cincinnati, Ohio. He came to Missouri with his parents in 1831.

Doctor Bolton was united in marriage with Miss Bradley. a daugh- ter of R. D. Bradley, a Johnson county pioneer.

Dr. I. P. Randall also practiced in Holden, about 1870, locating there after the Civil War. He was a native of Auburn, New York. and was reared in Ohio. He was educated in the old Willoughby Medi- cal College, located near Cleveland, Ohio, and later he attended the Chicago Medical College, where he was graduated.

Dr. W. H. Carpenter, a native of Fleming county. Kentucky, born July 8, 1821, began to practice in this county about 1852. He was one of the early physicians of Kingsville. He graduated from the Cincin- nati Medical College in the class of 1849.

Dr. L. C. Miller, a native of Callaway county, Missouri, born Octo- ber 29, 1836, engaged in the practice at Knob Noster in 1876. He gradut- ated from the Jefferson Medical College at Philadelphia, Pennsylvania. in the class of 1857, and was engaged in the practice of his profession in Shelby county prior to coming to this state.

Dr. Samuel Day, one of the early physicians of the county, was a native of Licking county, Ohio. He came to this county shortly after the war and engaged in the practice of his profession at Pittsville. In 1880 he located at Holden.

Dr. J. M. Ward, for a number of years engaged in the practice of his profession at Cornelia, was a native of New York, born near Utica March 21, 1829. He was educated at the Collegiate Institute. Clinton, New York, and Harvard University. After serving two years in the United States navy, he entered the St. Louis Medical College, where he was graduated in 1856.

Doctor Ward practiced in partnership with Dr. James T. Hill for a time and later he was associated with Dr. Lee D. Ewing.

Dr. Lee D. Ewing was born at Lexington, Missouri, July 24. 1848. of Kentucky parents. His father, W. P. Ewing, was a Santa Fe trader.

Doctor Ewing enlisted in the Thirty-second Texas Volunteers in 1862 and served until the close of the war. Later he entered the St.

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Louis Medical College, where he was graduated in 1870. In 1871 he engaged in the practice of his profession at Rose Hill. A year later he removed to Post Oak township and practiced there many years. He moved to Texas, where he is now living.

Dr. Edward Schreiner, a native of Georgia, was a pioneer physician of Johnson county. When Doctor Schreiner was a child his parents removed to Philadelphia, Pennsylvania. He received his preliminary education in that city and was graduated from the Jefferson Medical Institute there. In 1842 he came to Johnson county and afterward went to Kentucky, where he took a course in the Kentucky Medical Institute. He married Emily Jane Houx, a member of one of Johnson county's pioneer families.

Doctor Schreiner was probably the first to undertake the organiza- tion of a medical association in Johnson county. However, his efforts in that direction were of no avail, as he perhaps was ahead of his time.

Dr. W. D. Pinkston settled in this county about 1850. He was a Southern sympathizer and when the Civil War broke out he left this section of the county. However, after the war was closed he returned and practiced for a time at Kingsville and later came to Warrensburg.

Dr. R. Z. R. Wall, a native of Rockingham county, North Caro- lina, born March 29, 1810, was also an early-day physician of Johnson county. He received his medical education in the University of Penn- sylvania, and after receiving his degree from that institution returned to his native state. He practiced there until 1837, when he came to Mis- souri, locating in Henry county, and in 1840 came to Johnson county, locating on what was known as Bear creek. He practiced in this county until 1865, when he retired on account of his advanced age and was succeeded in his practice by his nephew, Dr. R. H. Howerton.

Doctor Wall became very well to do and at one time was the owner of over five thousand acres of land, most of which he divided among his children before his death.

Doctor Dobbins was one of the early physicians of the county.

Dr. C. W. Robinson and Dr. George Hunt practiced in Warrensburg after the war.

Doctor Dunbar was also among the early physicians here. His widow now lives in Kansas City at the age of ninety-eight years.

Dr. J. B. McGirk and Drs. Duncan and Morrison practiced in Chil- howee township at an early day.

Dr. A. W. Reese, a native of Indiana and a graduate of the Ken-

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tucky School of Medicine, engaged in the practice in this county quite early. He came to Missouri in 1855 and engaged in the practice of his profession and in 1858 went to Saline county. When the Civil War broke out he was appointed surgeon of the Thirty-first Missouri Infantry. In the capacity of army surgeon, he came to Warrensburg in 1864 to take charge of the United States Military Hospital. At the expiration of his military service he engaged in the practice of his profession again.

Dr. John L. Gregg came to Johnson county, Missouri in 1857. He was the father of L. L. Gregg, of Jackson township. He died in 1896. The foregoing includes all the early doctors of which information could be obtained, and it is hoped that the omissions may be few.

The Johnson County Medical Association .- The Johnson County Medical Association is affiliated with and a subordinate part of the Missouri State Medical Association and the American Medical Asso- ciation. It was organized in 1902. and is one of the live progressive ' medical societies of the state.

The first record of this organization is dated November 14, 1902, and is as follows: "Pursuant to a call signed by a majority of the physi- cians of Johnson county the following physicians met at the court house at Warrensburg, November 14, 1902, and formed a temporary organization of the physicians of the county by electing J. I. Ander- son, chairman, and Dr. E. H. Gilbert, secretary. Physicians present were: Warrensburg, Dr. L. J. Schofield, J. J. Anderson, E. H. Gilbert, WV. E. Johnson, T. L. Bradley, C. O. Ozias; L. C. Johnson, Centerview ; W. H. Aber, Montserrat : H. L. George. Pittsville ; R. C. Schooley, Rob- bins. A committee was appointed to notify all the physicians in Johnson county of the time and place of the next meeting.

The next meeting was held December 11, 1902. Dr. L. F. Murray of Holden was elected temporary chairman and Dr. E. H. Gilbert, tem- porary secretary.

The following physicians were present and became charter mem- bers of the organization: J. A. B. Adcock, James Anderson, T. L. Brad- ley. E. H. Gilbert. O. B. Hall, W. E. Johnson. L. J. Schofield. Z. Case, all of Warrensburg; L. F. Murray. W. G. Thompson, Holden; D. E. Shy, Knob Noster: C. O. Ozias, Kansas City; R. C. Schooley, Rob- bins; M. L. Fishback, Fayetteville; G. H. Kingoun, Centerview; W. H. Aber, Montserrat ; J. R. Bozarth, Centerview.

The first officers were J. J. Anderson. president ; L. F. Murray, vice-president ; D. E. Shy, second vice-president; J. A. B. Adcock,

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treasurer ; E. H. Gilbert, secretary.

Members of the county organization now automatically become members of the state association and American Medical Association.

The present officers are Dr. S. A. Murray, president; Dr. James P. McCann, vice-president; Dr. O. B. Hall, secretary and treasurer. The following are the members in good standing January, 1918:

J. A. B. Adcock, James I. Anderson, John T. Anderson, J. W. Bol- ton, T. J. Draper, O. B. Hall, A. W. Harrison, W. E. Johnson, James P. McCann, Harry F. Parker, Wm. R. Patterson, John A. Powers, L. J. Schofield, all of Warrensburg; S. A. Murray, J. T. Simpson, Emory Thompson and W. G. Thompson, of Holden; Henry Park, J. E. Porter, D. E. Shy, of Knob Noster; B. E. Morrow, Columbus; C. O. Ozias, Kansas City; George Osborne, Lone Jack, and E. Y. Pare, Leeton.

There are excellent hospitals in Warrensburg and Holden. The one in Warrensburg was founded by Dr. H. F. Parker in 1910, has accommodations for ten patients at a time and has been much used and appreciated. The one in Holden is conducted by Dr. W. G. Thompson, and has been there for some years.

Osteopathy is represented by Drs. J. H. B. Hoefner and wife, and Forrest C. Allen, athletic director of the normal school, all of whom have been established in Warrensburg for some time.

CHAPTER XXXI .- BENCH AND BAR.

FIRST SESSION OF CIRCUIT COURT-FIRST RECORDS-FIRST CASE-FIRST AR- REST-FIRST SESSIONS AT WARRENSBURG-JOHN F. RYLAND-RUSSELL HICKS-FIRST LAWYERS-FEW RESIDENT LAWYERS IN EARLY DAYS- LEGAL BUSINESS BEFORE CIVIL WAR-SAVING RECORDS DURING WAR- LEGAL BUSINESS AFTER THE CIVIL WAR-PERSONNEL OF LOCAL BAR IN ANTE-BELLUM PERIOD-GENERATIONS OF ATTORNEYS-PRACTICING ATTOR- NEYS OF JOHNSON COUNTY-COURT STENOGRAPHERS- LITIGATION SINCE 1865-"THE OLD COURT HOUSE" (By Mel. P. Moody)-THE TRUE STORY OF "OLD DRUM."

The first session of the Circuit Court held in Johnson county was convened in the residence of Nicholas Houx at Columbus on the 6th day of August, 1835. Johnson county was then in the Fifth Judicial District and John F. Ryland was the judge of this district and presided at this first court. J. H. Townsend was clerk.

The following is the first record: Joseph Cockrell, the first sheriff "returned unto the Court the names of the Grand Jury whereupon the following persons were sworn in to compose that body, viz: Robert Graham, Foreman: Wesley Pinkston ; Elmer Douglass; William Davis; John Winser; Jester Cocke; William H. Tombs; Joseph H. Harrison; Nathaniel Lowery; Samuel Brown; Isaac Anderson; John McHarris; Levi Whitsett; Jake Harrison; Henry Colbern; John Eppes; John Grant; Caswell Davis; James Grant ; James C. Strange ; and Jesse Marr, eighteen good and lawful men, who after being duly sworn and after having received their charge from the Court, retired (under a tree) to consider of their presentments.

"The Grand Jury came into Court, having no bills to present, and nothing to offer to the court, were discharged.

"Henderson Young Esq. and Eldridge Barden, Esq. were upon motion, permitted to practice as Attorney's and Councellors in this Court. Ordered Court adjourned, Signed John F. Ryland, Judge."

The next session of the Circuit Court was held at the same place, December 10, 1835. The only change in the officers was that James

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D. Warren was clerk. The grand jury at this time also reported no true bills.

The first case which appears on the record of Johnson county was that of Joel H. Greene vs. Moses Pinkston, which was argued at this term of court, in the form of a motion to dissolve an injunction which had been granted the plaintiff, restraining the defendants from removing certain negro slaves out of the jurisdiction of this court. After hear- ing the argument Judge Ryland dissolved the injunction and ordered the plaintiff to pay the costs.

The first person arrested, there being no jail, was confined under a wagon box over night.

Two other sessions of the Circuit Court were held at the Nicholas Houx residence, at Columbus, on April 7, 1836, and the other (which was the last time that the Circuit Court convened in Columbus) was on December 8, 1836.

By this time Warrensburg had been formally selected as the county seat and the next court was held in Old Town, March 27, 1837 at the residence of Henry Colbern. The next session was at Y. E. W. Berry's and court continued to be held in various places until a court house was built. The court house was begun at Old Town in 1838, and completed in July, 1842. A brick building for clerk's office was built in 1862.

When the court house was moved to New Town, a frame building which stood where the present court house does was donated to the county by the citizens of Warrensburg. This building was also inade- quate and it was necessary to rent offices for the various county offi- cials. The frame court house was destroyed by fire in 1895, and in 1896 the present court house was built at a cost of $50,000. The old court house still stands in Old Town in good condition and is now used as the private residence of W. O. Davis.

As above stated, John F. Ryland was the first judge of the circuit court of the judicial district to which Johnson county belonged. He served until 1849. (For the judges and court officers see chapter on Organization and Officers.)

One of the famous early judges was Russell Hicks. In 1859, he was presiding at the trial of a murder case in Saline county which was at that time a part of this judicial district. While the trial was proceed- ing, a mob gathered, overpowered the officers and took the prisoner

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out and hanged him. This action on the part of the mob so incensed the judge that he immediately resigned from the bench and returned to private practice. He said that he would not humiliate himself by trying to serve as judge for people who had so little regard for law and order.

The first lawyers to locate permanently in Johnson county were Major Nathaniel B. Holden and Thomas Wyatt. Holden did not follow the practice of law very much, owing to the fact that his private affairs became so extensive that he had little time to devote to other people's troubles. He owned a large portion of the land upon which the city of Warrensburg now stands and was also an extensive land owner throughout Johnson and other western Missouri counties. C. O. Silli- man was a well known lawyer here before the war but left during the war. He was a partner of F. M. Cockrell. Major M. C. Goodlett was also an able ante-bellum attorney, who went to Tennessee during the war and died there.

For a number of years after the organization of Johnson county there were few resident lawyers here, much of the legal business being attended to by attorneys from adjoining counties. Among the attor- neys who resided outside of the county and of whom it might be said were regular attendants of the circuit court in this county, were Russell Hicks, John F. Ryland, Samuel S. Sawyer, William Crissman, John F. Phillips, George G. Vest, Henry Wallace, W. C. Napton and many others. Of these only Judge Phillips survives.

The legal business of Johnson county did not develop much prior to the Civil War. The country had been struggling with pioneer con- ditions, there was little criminal practice and business interests had not become extensive or important enough to justify much civil business.

One interesting incident of the war was the saving of the county records. From December, 1861 until July 20, 1865, the Johnson county records were concealed in a thick growth of underbrush about nine miles west of Warrensburg.

When the Civil War broke out Colonel James McCowan was recorder and circuit clerk of Johnson county. He entered the Con- federate army under General Sterling Price and was in camp near the Osage river when it occurred to him that as county recorder and cir- cuit clerk he was the responsible custodian of the records of those

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offices and he determined to take steps to preserve them. Accordingly he sent A. M. Perry, who was deputy circuit clerk under McCowan and was also in Price's army, to Warrensburg. Perry came to War- rensburg and with a few trusted friends met at the court house about midnight, loaded the records in a wagon and got away from the court house undiscovered. They took them to the home of "Aunt Polly" Hill. With her son, she concealed them in a thicket close to her house.

Here they remained until after the war. The few people who knew where these records were kept it a secret. There were many wild rumors as to the fate of the records during that time.

When peace was restored Aunt Polly went to the home of Moses G. Mullins, a man in whom she placed great confidence, and told him she had accidentally discovered what she believed to be the long lost county records. Mr. Mullins hurried to Warrensburg and reported his information to Circuit Clerk Captain M. U. Foster, who sent for the records and on July 20, 1865, they were in their proper place at the county seat.

Immediately following the war there was a great deal of legal business in the county. The war had broken up the country and for four years had left affairs in an unsettled state. The estates of south- ern men, who had gone South during the war, were sold under execu- tion for debts, bogus or otherwise. The purchasers held the legal title and the owners upon their return at the close of the war brought suit for the restitution of their property. There was also much immigra- tion and new business. The collection business of the lawyers was quite remunerative then. This was an active period in the practice of law and Johnson county lawyers had all they could do. The terms of the circuit court, which previously had been held only twice a year, were changed to every four months, a court of common pleas was established and to relieve both the circuit and common pleas courts a criminal court was established.

The local bar was strong in numbers and ability during this period. The following attorneys practiced here during that period: J. M. Shepherd; A. W. Rogers; G. N. Elliott; Wells H. Blodgett; T. T. Crittenden: F. M. Cockrell; C. E. Moorman; William P. Asbury; Roderick Baldwin; John W. Brown: A. M. Greer; A. B. Jetmore; Edmond A. Nickerson; Aikman Welch; A. R. Conklin and several others from Knob Noster and Holden.

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SENATOR FRANCIS M. COCKRELL.

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Then came a younger generation, Oliver Lee Houts; John M. Crutchfield, who were students in the office of Crittenden and Cock- rell; A. B. Logan, Samuel P. Sparks; G. W. Harrison; Garrett Land ; W. H. Brinker: W. W. Woods; R. M. Robertson; John J. Cockrell ; and James W. Suddath.

Of the first generation, Messrs. Nickerson, Greer, Brown and Blodgett, and of their successors, Messrs. Crutchfield, Harrison and Robertson are still living.

Aikman Welch was a native Missourian and came to Warrens- burg a few years prior to the Civil War. He was one of the ablest advocates ever at the Warrensburg bar. In 1861 he was elected as a Union man to the constitutional convention of Missouri, defeating N. W. Perry, the secession candidate. He served as attorney general of Missouri in 1862 and 1863. He died in Jefferson City, Missouri in 1864.

James M. Shepherd was born in Virginia in 1822 and came to Johnson county in 1845. He taught subscription schools up to 1859 and was once county superintendent. He was admitted to the bar in 1859 and practiced until his death June 20, 1896. He was an active Union Democrat and afterward Republican. He had a general prac- tice and was specially good as a trial lawyer.

A. R. Conklin came from New York about 1866. He had been judge advocate in the Union army and began to practice here in War- rensburg. He became judge of the court of common pleas and moved about 1875 to California.

F. M. Cockrell was born October 1, 1834 in the county. He began practicing law with C. O. Silliman about 1855, served throughout the war in the Confederate army, becoming brigadier general, and resumed his practice after the war in partnership with T. T. Crittenden, who had been a colonel in the Union army.

Thomas T. Crittenden was a nephew of John J. Crittenden, of Kentucky. He was admitted to the bar in Kentucky. In 1862 he became lieutenant colonel in the Union army and served until 1865. In 1865, he came to Warrensburg and opened a law office there, and in 1866 became law partner of General F. M. Cockrell. He became Governor of Missouri, then removed to Kansas City, where he died a few years ago.

Colonel Wells H. Blodgett was born in Illinois in 1839. He served in the Union army during the Civil War, was admitted to the bar in

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Chicago and came to Warrensburg from there, in 1865. He became a law partner of Colonel G. N. Elliott and practiced until 1873, when he removed to St. Louis, Missouri. He became general attorney of the Wabash railroad in 1875. He resigned his position on the Wabash in 1917 and opened a law office in St. Louis, and is now living and prac- ticing law there.

George N. Elliott was a native of Ohio and served in the Union army and at the close of the war came to Warrensburg. He served as judge of the common pleas court. He removed many years ago to Topeka, Kansas, practiced law there and died there.

A. B. Jetmore came to Warrensburg after the Civil War from Indiana and after the removal of Colonel Blodgett to St. Louis became a law partner of Colonel G. N. Elliott. He then removed to Kansas, and became attorney general of that state. He died in Kansas several years ago.

W. P. Asbury came to Warrensburg from Lafayette county, Mis- souri, after the Civil War. He was a merchant and served a term as justice of the peace. He died in Warrensburg several years ago.

C. E. Moorman came shortly after the war and practiced here about ten years and removed to New Mexico. He was in the abstract business with W. C. Rowland and gave most of his attention to real estate.

Captain Albert B. Logan was born in Ohio, served in the Union army throughout the Civil War in the Twenty-third Ohio Infantry. This regiment had two colonels, one, Rutherford B. Hayes, who became President of the United States, another, Stanley Matthews, who became a justice of the Supreme Court of the United States, and its major was William McKinley, who was President of the United States. Cap- tain Logan married a daughter of George Cress, in Ohio studied law and was admitted to the bar there. He came to Warrensburg and practiced law until his death here, several years ago. He was also general attorney of the St. Louis, Kansas City & Northern railway under Colonel Blodgett in 1876 and 1877.

Colonel Andrew W. Rogers came to Warrensburg from Bloom- ington, Illinois at the close of the Civil War. He was a college grad- uate and a native of Ohio. He was a colonel in the Union army, a good lawyer and a man of high character. He died some years ago in Warrensburg.

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W. H. Brinker began practicing here in the seventies, was ener- getic and able and had considerable practice. He removed to New Mexico in the eighties and became United States district attorney there.

W. W. Wood was born in the county, began practicing about 1870, became prosecuting attorney and circuit judge and then moved to Okmulgee, Oklahoma, where he now is.

Garrett Land was a native of Illinois, came to Warrensburg with his father, Captain Nathan Land, and practiced law here several years. He was never married and died in Warrensburg some years ago.

Samuel P. Sparks was born in Johnson county, Missouri, was a graduate of McKendree College in Lebanon, Illinois, and was a class- mate of Garrett Land. He was admitted to the bar in Warrensburg and began practice here. He served as county clerk and state senator. He died in Warrensburg over twenty years ago. He was a skilful and energetic lawyer.

Oliver Lee Houts was born in Johnson county and he was a grad- uate of the State University Law School. He practiced in Warrens- burg all his life. He was twice married, the first wife being Miss Effie Hale, a daughter of H. C. Hale, of Warrensburg, and the second Miss Fanita Baldwin, a daughter of Major Roderick Baldwin, who is now living in Warrensburg. He was a very successful lawyer and one of the leaders of this bar.

John J. Cockrell was born in this county in 1855, was admitted to the bar and succeeded his father, F. M. Cockrell, in partner- ship with Colonel T. T. Crittenden until the latter was elected Gov- ernor, when he and J. W. Suddath became partners. He was said to have been a lawyer of unusual ability. He moved to New Mexico in 1885 and died in 1892.

James W. Suddath was born May 12, 1857, in Jackson county, graduated from the State Normal School here, was admitted to the bar in 1882 and became a partner with John J. Cockrell, his first cousin,. on his mother's side. He served two terms as prosecuting attorney, was a Presidential elector in 1892, and for many years was one of the most active and effective Democratic campaign speakers. For several years before his death he had the largest practice of any one at this bar and was one of the best all around lawyers in the state. He died in 1917.

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History of Johnson County, Missouri, Part 23

Author: Cockrell, Ewing Publication date: 1918 Publisher: Topeka, Kan. : Historical Publishing Co. Number of Pages: 1234

Author: Cockrell, Ewing
Publication date: 1918
Publisher: Topeka, Kan. : Historical Publishing Co.
Number of Pages: 1234