USA > Missouri > Scotland County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 42
USA > Missouri > Lewis County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 42
USA > Missouri > Clark County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 42
USA > Missouri > Knox County > History of Lewis, Clark, Knox, and Scotland counties, Missouri. From the earliest time to the present, together with sundry personal, business and professional sketches and mumerous family records > Part 42
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86 95
86 95
School tax and public school fund
20,298 13
20,217 73
80 40
Totals
$37,800 66 $
18 33
$35,038 45
$2,780 54
464
HISTORY OF SCOTLAND COUNTY.
Now, for the amusement of those who are fond of contrasting the present with the "good old times," when there were no good roads, no bridges, no mills, no free schools, and no conveniences such as the people now enjoy, the financial report of the receipts and expenditures of Scotland County for the year ending May 1, 1842, it being the first year of the existence of the county, is here given as follows:
RECEIPTS.
Revenue by taxation for the year 1841. $ 957 97
Amount received from licenses to May 1, 1842. 96 49
Total revenue. $1,054 46
Cr. by resident delinquent list for 1841 $41 74
Cr. by non-resident delinquent list for 1841. . . 65 99 $107 73
Net collections for the year. $946 73
Amount of warrants issued to May 1, 1842. 686 90
Amount of jury scrip issued to May 1, 1842. 177 80
Total expenses. $864 70
Balance in treasury May 1, 1842. $82 03
Among the items of expenditures for that year were the fol- lowing:
Amount paid for services of county court. $154 00
Amount paid for services of clerk of same. 133 06
Amount paid for services of sheriff. 184 71
Circuit court costs. 131 69
Office rent ..
26 00
Paid county treasurer for services
20 00
Paid E. M. Beckwith for maps.
28 50
Paid I. Williams for circuit and county court seals .. 25 00
Paid H. C. Asbury for assessing property. 66 46
Paid J. R. Abernathy as circuit attorney 26 00
The balance of the expenditures consisted of smaller items, not of sufficient interest to mention in detail. It must be remem- bered that at the time of the foregoing report Scotland County contained all the territory included in both Scotland and Knox Counties as they are now composed. The following is the financial report of the county of Scotland for the year ending May 1, 1846, it being after the organization of the county as it now exists, and after the seat of justice was located at Memphis.
465
STATE OF MISSOURI.
RECEIPTS.
Balance in treasury at last report ..
$1,578 06
Amount of revenue assessed for 1845
653 58
Amount of license fees collected.
101 78
Total charges
$2,333 42
Error in amount paid sheriff last report .. $69 50
Amount of resident delinquent tax for 1845. 10 80
Amount of non-resident delinquent tax for 1845 66 79 147 09
Total amount of available revenue $2,186 33
EXPENDITURES.
Amount paid commissioners of seat of justice.
$27 62
Amount paid commissioner of public buildings. 53 00
Amount of costs in State cases. 100 77
Amount paid assessor.
63 75
Amount paid for surveying town of Memphis. 35 25
Amount paid J. L. Jones as auctioneer.
10 00
Amount paid for advertising sale of lots.
3 00
Amount paid William Forman for use of team. 5 00
Amount paid for stationery
13 11
Amount paid commissioner of bridge across North Fabius
10 00
Amount paid clerk of county court.
41 70
Amount paid county court justices
66 00
Amount paid county treasurer.
41 55
Amount paid for support of poor.
281 34
Amount paid on building of new courthouse
866 50
Amount paid J. B. Cecil as sheriff
222 18
Amount paid J. L. Jones, ex-sheriff.
79 55
Total expenditures $1,920 32
Balance on hand in treasury.
266 01
The apparently large balance in the treasury at the head of this report included what had been charged and collected the year before for the purpose of defraying the expenses of the new courthouse.
The taxable property of Scotland County, and the taxes charged thereon for the year 1887, as shown by the tax duplicates, is as follows: The total assessed value of the real estate is $1,750,400, and the taxes charged thereon are, for State purposes, $7,001.60; for county purposes, $8,752.04; for county interest tax, $1,750.49; for road purposes, $2,418.23, making a total of $19,922.36. The total assessed value of personal property is $994,790, and the taxes charged thereon for State purposes
466
HISTORY OF SCOTLAND COUNTY.
are $3,979.16; county purposes, $4,973.95; county interest tax, $994.79; for road purposes, $1,280.89, making a total of $11,288.79.
RECAPITULATION.
Value of real estate, "$1,750,400, taxes thereon. $19,922 36 Value of personal property, $994,790, taxes thereon. . 11,228 79
Add school tax on both real and personal. 12,825 26 Total taxable property $2,745,190, total taxes. 43,976 41
To this will be added, in a separate book, the disputed rail- road taxes which calls for $1.40 on each $100 of the taxable property.
EARLY JUSTICES.
The first justices of the peace, all of whom were appointed and commissioned by the Governor, in the year 1841, for the several townships in Scotland County then including the terri- tory of Knox County, are named in the following list, which gives the names of the townships for which they were appointed, and the dates of their commissions: James W. Baker, Ayreshire, March 18; James Robertson, Benton, March 22; James W. Bry- ant, Benton, March 22; William Foreman, Johnson, March 22; Thomas Gunn, Johnson, April 13; Charles Burrus, Mount Pleasant, April 3; Elijah P. Mock, Mount Pleasant, April 9; John C. Collins, Mount Pleasant, June 22; John Watts, Maidenkirk, July 3; James A. Reid, Ayreshire, August 9; William Saling, Ayreshire, August 11; A. V. Holmes, Maidenkirk, July 23; Hiram Beach, Benton, August 3; Alex. Smith, Johnson, Septem- ber 4; John D. Bourn, Miller, August 20; Andrew Arnett, Mil- ler, August 20; Edward Smoot, Mount Pleasant, September 6; Robert J. Stephenson, Benton, December 11.
THE COUNTY COURT.
The organization of the county court, and the time and place where its first sessions were held, together with its first principal acts, have been given in connection with the organization of the county. This court has always consisted of three county court justices, elected by the people for that purpose. The first three however were appointed by the Governor, as provided by the act of the Legislature for the organization of the county. The fol- lowing is a list of the names of all of the county court justices
467
STATE OF MISSOURI.
of Scotland County, from its organization to the present writing, together with the term of service of each: Hugh Henry, Joseph Davis and Willis Anderson, 1841-42; Henry M. Gorin, 1842-44; Charles French and John Fulton, 1842-45; Charles Martin, 1844-46; John H. Romjue and Irvine Johnson, 1845-46; Loyd W. Knott, 1846-49; Andrew Arnett, 1846-52; Price Starke, 1846-50; Allen Tate, 1849-50; John C. Collins, 1850-58; Mat- thew Hixon, 1850-53; James H. Clemons, 1852-53; Jacob Clap- per, 1854-58; Jacob Gray, 1853-58; John Thomson, 1858-62; Jesse S. Hayden, 1858-60; Andrew Arnett, 1858-60; Joseph V. Hayden, 1860-62; John C. Collins, 1862-64; Joseph Sparks, 1862-63; Joel Curtis, 1862-66; Elsberry T. Small, 1863-65; David B. Cooper, 1864-66; William Dawson, 1865-72; Jacob M. Johnson, 1866-68; Isaac A. Forquer, 1876-70; James E. Mar- quis, 1868-73; David B. Cooper, 1870-76; John C. Collins, 1872-78; B. F. Bourn, 1876-82; Riley Gale, 1878-82; Ephraim E. Sparks, 1878-82; T. W. Holman, 1882-86; H. G. Poe, 1882-84; J. M. Clark, 1882-86; C. R. Burrus, 1884-86; R. M. Thompson, Joseph E. Billups and W. W. Buford, the present justices, assumed the duties of the office in 1886.
Prior to the year 1878 the county court justices had been elected by the voters of the county at large, and beginning with that year, and ever since, the members of this court have been elected in accordance with " An act to provide for a uniform sys- tem of County Courts," approved April 27, 1877. This act provided as follows:
SECTION 1. The county court shall be composed of three members, to be styled the judges of the county court, and each county shall be districted by the county court thereof into two districts, on or before the first day of April, 1878, of contiguous territory, as nearly equal in population as practicable, without dividing municipal townships.
SEC. 2. At the general election in the year 1878, and every two years thereafter, the qualified electors of each of said districts shall elect and be entitled to one of the judges of county court, who shall hold their offices for the term of two years, and until their successors are duly elected and qualified, and at said election, and every four years thereafter, the other judge of said court shall be elected by the qualified electors of the county at large, who shall be president of the court, and shall hold his office for the term of four years and until his successor is duly elected and qualified: Provided, That the judges of the county court, elected under the provisions of this chapter, shall enter upon the discharge of their duties on the first day of January next after they shall have been elected and qualified according to law.
468
HISTORY OF SCOTLAND COUNTY.
The duties and jurisdiction of said court are then set forth in the following sections, to wit:
SEC. 7. The said court shall, when not otherwise provided by law, have power to award process, and to cause to come before them all and every per- son whom they may deem it necessary to examine, whether parties or wit- nesses, and may examine every person on oath or affirmation touching any matter in controversy before them.
SEC. 8. The said court shall have control and management of the property, real and personal, belonging to the county, and shall have power and authority to purchase or receive by donation any property, real or personal, for the use and benefit of the county; to sell and cause to be conveyed any real estate goods or chattles, belonging to the county appropriating the proceeds of such sale to the use of the same, and to audit and settle all demands against the county.
SEC. 9. In the settlement required by law to be made by the county court with treasurers and other officers, holding county funds, whether quarterly, yearly or otherwise, it shall be the duty of the court, or some judge thereof, to ascertain by actual examination and account, the amount of balances and funds in the hands of such officers, and to what particular fund it appertains, and such examination and count shall include all funds on hand up to the day on which such settlement is made.
SEC. 10. If a majority of the judges of the county court shall be interested in any cause or proceeding pending before them, or related to either party, the same shall be certified with the original papers to the circuit court of the county, which shall proceed thereon to final judgment and determination in like man- ner as the county court should have done.
SEC. 11. Each judge of the county court shall be a conservator of the peace throughout his county.
SEC. 12. No judge of the county court shall borrow, either directly or in- directly, for his own use, any money belonging to the school fund, to the three per cent fund, or any money whatever belonging to the county, or over which he may have any control as a judge of the county court; nor shall he become se- curity for any person who may borrow any such money.
SEC. 13. Any person violating the provisions of the preceding section shall be deemed guilty of a misdemeanor in office, and shall be proceeded against accordingly, and the provisions of said section shall be given in charge to the grand jury.
SEC. 14. Four terms of the county court shall be held in each county an- nually, at the place of holding courts therein, commencing on the first Mondays in February, May, August and November. The county courts may alter the times for holding their stated terms giving notice thereof in such a manner as to them shall seem expedient.
Sections 15, 16 and 17 provide for the holding of special and adjourned terms.
SEC. 18. It is hereby made the duty of each and every county court to have an abstract drawn by the county clerk at the February term in each year, of the amount of money expended in their respective counties, and for what pur- poses, and to have the same posted up in some conspicuous place in the court-
469
STATE OF MISSOURI.
house for the examination of the public; and in all counties where there is one or more newspapers published, such abstract shall be published at least once in one of such newspapers.
Section 19 provides for appeals to the appellate court.
SEC. 20. No judge of any county court in this State shall directly or in- directly become a party to any contract to which such county is a party, or to act as any road or bridge commissioner, either general or special, or keeper of any poor person, or to act as director in any railroad company in which such county, or any township, part of a township, city or incorporated town therein is a stockholder, or to act as agent for the subscription of any stock voted to any railroad by any county or subdivision thereof.
SEC. 21. Any judge of the county court who shall violate any of the pro- visions of the preceding section of this act, or who shall do any of the acts or enter into any of the contracts prohibited or declared unlawful in said Section 20, shall be punished by a fine not exceeding $1,000 for each offense or by impris- onment in the county jail not exceeding six months, or by both such fine and imprisonment.
SECTION 22. Provides for the hiring out, by the county court, of persons convicted of crime.
SEC. 23. A majority of the judges of the county court shall constitute a quorum to do business. A single member may adjourn from day to day, and require the attendance of those absent, and when but two judges are sitting, and they shall disagree in any matter submitted to them, the decision of the presid- ing judge at the time being to be designated by the clerk of said court shall stand as the judgment of the court.
SEC. 24. The judges of the court shall receive for their services the sum of $3 per day for each day actually engaged in holding courts, and eight cents per mile for each mile necessarily traveled in going to and returning from the place of holding such court.
SEC. 25. All acts and parts of acts inconsistent with this act are hereby repealed.
In accordance with the first section of this act the county of Scotland was divided into two districts, designated the Eastern and the Western. The former was made to consist of Union, Johnson, Harrison, Sand Hill and Mount Pleasant Townships, and the latter of Jefferson and Miller Townships; and at the general election in 1878, Ephraim E. Sparks was elected judge of the Eastern District, Riley Gale of the Western, and B. F. Bourn at large. Of the present members of the court, Judge Joseph E. Billups was elected in the Eastern District, Judge W. W. Buford in the Western, and Judge R. W. Thompson at large.
TOWNSHIP ORGANIZATION DEFEATED.
At the August term, 1872, of this court, William Ferrell, for
470
HISTORY OF SCOTLAND COUNTY.
himself and others, presented a petition praying the court to cause the question of "township organization" to be submitted to the qualified electors of the county at the general election to be held on the 5th day of November thereafter. And the court, after examination of the matter, being satisfied as to the names of the petitioners and the number of them, ordered "that said question be submitted to the legal voters of said county at the next general election, in manner and form as required by law." In accordance with this order the question was submitted, and when the election returns were canvassed, it was found that a majority of the votes cast were opposed to "township organiza- tion." This was the year after the issuing of the railroad bonds mentioned in the foregoing chapter, and at a time when there was considerable dissatisfaction with the official acts of the county court, manifested especially by those who were opposed to the issue of the said bonds, and consequently this effort to adopt township organization was for the purpose of changing the county court business from the hands of three justices to a court consisting of one justice from each municipal township, as re- quired by the law for township organization. But as shown by the vote the people preferred to continue the old system, rather than to incur the additional expense that would follow in conse- quence of making the change as prayed for. Prior to the es- tablishment of a separate probate court the county court had always had, in addition to its jurisdiction as already defined, ex- clusive original jurisdiction relative to the probate of wills, the appointment of guardians, the granting of letters of administra- tion, and all other business common to a probate court. But since that time the county court has had no jurisdiction over such business.
LITIGATION.
There has never been any considerable amount of litigation in the county court of Scotland County, and during the early years of its existence there was scarcely any at all. The only case worthy of mention, as having been tried in an early day, is that of James A. Light vs. Elizabeth Fry. The cause of action was a complaint brought by the plaintiff to secure the appoint- ment of a guardian for the defendant's children. It was alleged
471
STATE OF MISSOURI.
in the complaint that said children were vicious and bad, and en- tirely beyond the control of their natural guardian-their mother; and charges were also made against the character of the mother in regard to her being a proper person to "bring up the children in the way that they should go." Mrs. Fry was a widow who had come from Marion County, Mo., and had settled upon, and was trying to make a living on a piece of land which Dr. Light, the plaintiff, wanted; and it is alleged that he brought this action in order to break up her family, and to get her and her children away, and thus get possession of her land. The children had not been very well bred, but they were not very bad, and not at all vicious. It seems, however, that on one occasion, one of them had "sassed " Dr. Light, another "sassed" a neighbor, and another stole some doll rags from the same neighbor. The eldest child was not over twelve years of age. Mrs. Fry was poor, and not able to employ attorneys, consequently Rev. Will- iam P. Douglass volunteered to assist her. Light employed a good lawyer, but had a very poor case. The testimony against the defendant was very weak, while the evidence she produced as to her good character, was very strong. Rev. Douglass made a strong argument in behalf of the defendant, and the court, after having heard the evidence and argument of counsel pro and con, ordered the case to be "dismissed at complainant's cost."
This case was brought and tried in the county court, at its August term, 1844, it being the same year, and soon after the court began to hold its sessions at Memphis, the then new county seat. It was the first case of litigation in the court, at Mem- phis, and its peculiarities brought out a large crowd of spectators, so large that the room in which the court was then being held was not large enough to accommodate the people. In consequence of this the justices of the court, Charles Martin and John Ful- ton, who were then present and trying the case, moved out and took a position under the historic oak tree, which stood on the present jail lot. There the trial was concluded, and when the decision of the court dismissing the case was rendered the feelings of the people against the plaintiff had reached such a degree of indignation, that some wanted to lynch him and give him a public whipping, for "trying to rob a poor widow of her
472
HISTORY OF SCOTLAND COUNTY.
children." At this juncture, Light mounted his horse and gal- loped away, to avoid the threatened danger. This trial under the oak tree gave rise to the false impression now prevaling that the first term of court held in Memphis was under this tree. Such is not the fact, for the reason that the first term of the county court at Memphis, was held in May previous, in the building prepared for that purpose. [See county seat] The land on which Mrs. Fry settled, lay near the village of Millport, in what is now Knox County, and Dr. Light lived in that vicinity.
THE PROBATE COURT.
The probate court of Scotland County was established in accordance with an act of the General Assembly of the State, approved April 9, 1877. The first three sections of the act read as follows: "Section 1. A probate court, which shall be a court of record, and consist of one judge, is hereby established in the city of St. Louis, and in every county in this State. Sec. 2. Said court shall have jurisdiction over all matters pertaining to probate business, to granting letters, testamentary and of ad- ministration, the appointment of guardians, and curators of mi- nors and persons of unsound mind, settling the accounts of ex- ecutors, administrators, curators and guardians, and the sale or leasing of lands by administrators, curators and guardians, and over all matters relating to apprentices; and such judges shall have power to solemnize marriages. Sec. 3. At the general election, in the year 1878, and every four years thereafter, except as hereinafter provided, a judge of probate shall be elected by the qualified voters in every county. Said judge shall be com- missioned by the Governor, and shall take the oath prescribed by the constitution for all officers, and shall enter upon the discharge of his duties on the first day of January ensuing his election, and continue in office for four years, and until his successor shall be duly elected and qualified."
The balance of the act provides for the eligibility of persons to the office of probate judge, and for the filling of vacancies that may occur, and fully sets forth the duties of such officer. It also provides that "said courts shall hold four terms annually, com- mencing on the second Monday of February, May, August and
1
473
STATE OF MISSOURI.
November, and may hold special and adjourned terms at any time when required," and that the judge of probate shall be a conserv- ator of the peace, with power to issue all writs which may be nec- essary in the exercise of the jurisdiction of said court, according to the usages and principles of law. In accordance with this act the person elected at the general election in the year 1878 as judge of probate in Scotland County was Thompson Walker, who qualified and held the office until September 15, 1879, when he resigned, and was succeeded by Elias Schofield, who was ap- pointed to fill the vacancy. The latter was elected in 1882, and held the office until his successor, Judge J. Y. McClintock, who was elected at the general election in 1886, qualified and assumed the duties of the office on the first day of January, 1887; which duties he continues to perform.
SCOTLAND COUNTY CIRCUIT COURT.
As soon as Scotland County was organized it became a part of the Fourth Judicial Circuit of the State, in accordance with an act of the General Assembly, approved February 15, 1841. By this act the Fourth Judicial Circuit was made to consist of the counties of Marion, Monroe, Shelby, Lewis, Clark and Scotland, and thus it continued until the passage of another act approved March 15, 1845, which made it to consist of the counties of Mon- roe, Shelby, Lewis, Clark, Knox, Scotland, Adair and Schuyler. Thus composed it remained until the passage of an act approved December 12, 1855, which made it to consist of the counties of Lewis, Clark, Scotland, Knox, Adair and Schuyler; and with this latter combination it continued to exist until the passage of the present law, approved April 28, 1877, which made it to consist of the counties of Lewis, Clark, Scotland and Knox, as constituted at the present writing.
The caption of the first term of the Scotland Circuit Court reads as follows: "State of Missouri, Scotland County, Sct: July 26, 1841. Be it remembered that at a circuit court begun and held at Sand Hill,in Scotland County, on the fourth Monday in July, 1841, it being the time and place fixed by law for the holding of said court, personally appeared the Hon. Priestly H. McBride, judge of the circuit court of said county, and by
30
474
HISTORY OF SCOTLAND COUNTY.
his order, James L. Jones, sheriff of the aforesaid county, opened court by making public proclamation at the courthouse door, whereupon the said sheriff returned the following panel to serve as grand jurors, to wit: Alexander Williams, foreman; Caleb Crandall, Jeptha Dunn, Martin D. Stone, Alfred Hays, Andrew G. Darby, Samuel Wilfley, William Wilson, John Ford, George Hanes, John Higby, John Dunn, John Baker, John Bone, Sam- uel Barnett and William Neel, sixteen good and lawful men, who, being duly tried and sworn to enquire within and for the body of said county, after being charged by the Court, retired from the bar to consider of their presentments."
The first case docketed was entitled T. Hamilton vs. A. B. Cummings and Vardeman Hawkins; petition in debt. On motion an alias summons was awarded against the defendant, Hawkins, returnable at the next term of the court, and the cause continued accordingly. The next case docketed was that of James Haywood and Oliver Kimball vs. Henry Comsey and Harvey H. Beach; on a petition to foreclose a mortgage. The third case docketed was David C. Tuttle vs. David M. Pratt; on appeal from a justice of the peace to recover a debt. Being called, the defendant defaulted, and judgment was rendered against him for $14.40, and damages in the sum of $2.25 and costs of the suit. This was the first judgment rendered in the Scotland Cir- cuit Court. The next case was Edwin G. Pratt vs. Thomas Morgan; for debt appealed from a justice of the peace. Then came the parties by their attorneys, and also a jury consisting of the following named persons: Edwin French, Henry Ferguson, Josiah Hicks, Jeffrey Hildreth, John Plank and Con- rad Custard, who by consent were elected, tried, and sworn to well and truly try the matter in controversy between the parties afore- said. After hearing the evidence and argument of counsel, they returned the following verdict. "We of the jury find for the plaintiff, and assess the damages to the sum of $34.50." This was the first trial by jury in the Scotland Circuit Court, and the persons trying the case, were, of course, the first petit jurors. On the second day of the term Henry Plank, Sr., Henry Plank, Jr., and John Plank, natives of the territory of the province of Hesse Darmstadt, filed their declarations to become citizens of the
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