History of Pettis County, Missouri, Part 23

Author: McGruder, Mark A
Publication date: 1919
Publisher: Topeka, [Kan.] : Historical Pub. Co.
Number of Pages: 962

USA > Missouri > Pettis County > History of Pettis County, Missouri > Part 23

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The Houstonia Bank was organized and opened for business in the year 1855. The following gentlemen constitute the officers and directors of the bank: F. C. Hayman, president; G. H. Tevebaugh, vice-president ; D. E. Longan, cashier; H. A. Longan, assistant cashier; J. T. Patterson, E. B. Gibson and C. D. McConnell, directors. Houstonia Bank, at Hous- tonia, State of Missouri, at the close of business on the 28th day of June, 1918: Resources-Loans and discounts, undoubtedly good on personal or collateral, $148,209.45; loans, real estate, $24,319.13; Overdrafts, $1,- 257.09; bonds and stocks, $900; real estate (banking house), $1,000; furniture and fixtures, $500; due from other banks and bankers, subject to check, $38,305.63; cash items, 83.60; currency, $844; specie, $637.20. Total, $216,056.10. Liabilities-Capital stock paid in, $25,000; undivided profits, net, $2,978.82; due to banks and bankers, subject to check, $1,- 922.39 ; surplus fund, $14,000; individual deposits subject to check, $102,- 395.09; time certificates of deposit, $64,155.70 ; bills payable and redis- counts, $5,000; other liabilities, $604.10. Total, $216,056.10.

Dresden was laid out in the spring of 1863, by Agee and Thomas J. Lester. It comprises an eighty-acre lot, and was evenly divided between the two gentlemen, each taking forty acres. It is situated on the north- east quarter of the southeast quarter of section 21, and the northwest quarter of the southwest quarter of section 22, township 46, range 22.

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HISTORY OF PETTIS COUNTY

Mr. Agee came from Kentucky and Mr. Lester from Virginia. The town is situated on the main line of the Missouri Pacific railroad, and has considerable importance as a shipping and trading point. In the midst of a fertile agricultural and stock-raising region, it has but one draw- back, that of being so near Sedalia, whose overshadowing business in- fluence reaches into the country that should be tributary to this village, and draws the greater portion of the trade to itself. While Dresden was the terminus of the railroad it was a business point of considerable importance, but when the railroad was extended, its business push and enterprise went with it to a large extent. The Missouri Pacific railway was finished to the town in 1863, and it remained the terminus for nearly a year. In its young days it enjoyed the reputation of being one of the largest shipping points on the road.

The town was incorporated about 1866, and the first board of trus- tees were Dr. T. P. McCluney, D. D. Armes, of Sedalia, and William Barrett, also a resident of Sedalia at this time. The city government was run about two years, when some parties resisted the taxes. A law suit was the result, and the town government was, in consequence, aban- doned. Inhabitants is about 300. Men engaged in business are: J. W. Billingsby, A. P. Mock and Sam Hostler. A. B. Ferguson is postmaster.

Smithton .- This village of 500 persons derives its name from the same source which the township does, viz .: In honor of George R. Smith. It is located in the eastern part of the township, and lies south of the Missouri Pacific railroad. The first town in the township was Priceville, and was laid out by David Kernudle. In some way the pur- chasers of property were all swindled, and the village then fell into decay. The farmers in the township then laid out Farmers' City. The Missouri Pacific was then being built and the company proposed to get the road into Pettis County that year (1859), if the county would give them $30,000 more in addition to their already large donations. This was raised and the road came that fall to the point that is now Smithton, and the depot was built. Here it stopped for a while. Then the town of Smith- ton was laid out by William E. Combs, and half the lots were given to the railroad company. Buildings began to spring up, and Farmers City rapidly sunk into decay. The mill and merchants removed to Smithton. The church had an internal disagreement, and it was moved to the future town. Mr. Combs built the hotel. Major William Beck put up the first store. Mr. Lambors was the first postmaster, and Clony &

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Crawford, commission merchants, erected the first grain warehouse. From the time the railroad reached it until it was extended on to Se- dalia, the town continued to grow, and it is still a shipping point of considerable importance.

Smithton is a beautiful town today. Its residences and business houses are well kept. The State highway, rocked from Sedalia through the town and almost to Otterville, takes many autoists, in the summer evenings, to the town, where they take supper at the hotel, spend the evening and enjoy the ride home. The town is substantial in business and is keeping progress with the times. Men engaged in business here are: David White, A. F. Neumeyer, F. L. Wright, C. A. Selken, A. R. Bohon, J. D. Garst, Dr. W. H. Reynolds, H. G. Lugen, W. B. Myers, J. A. Myers, W. J. Holtzen, J. W. Hoehns, Adam Richter, E. H. Haire and W. L. Jackson.

Municipal officers: Thomas S. Smith, mayor; J. L. Monsees, clerk ; D. Bluhm, August Mahnken, E. C. Boucher, J. C. Starke.

The town has a good newspaper -- The Smithton Times-F. A. Taven- ner, publisher and editor.

Smithton has one bank, excellently managed. The Smithton Bank was organized September 30, 1891, and opened its doors for business December 18, of that year. David White is president and Henry Schlus- ing, vice-president. Frank L. Wright is cashier and C. A. Selken is assistant cashier. David White, Henry Schlusing, H. S. Demand, F. L. Wright, John Ringen, W. H. Bohon and C. A. Selken are the board of directors. Condensed official statement, June 28, 1918: Resources- Loans, $132,374.91; Overdrafts, $173.40; banking house, $1,400; cash and due from banks, $43,269.19; Liberty Bonds, $5,450; United States Cer- tificates and Stamps, $8,984.24. Total, $191,651.74. Liabilities-Capital stock, $12,000; surplus, $20,000; undivided profits, $4,137.27; deposits, $155,514.47. Total, $191,651.74. On September 18, its totals were $240,000.

The county has several small stations, too small to be called vil- lages, just country stores. They, however, have names and when enumer- acted, are about as follows: Postal, in the northern part of Heath Creek township; Lookout, a little south of the center of Heath Creek town- ship; Newland and Thornleigh in the southern part of Longwood town- ship; Dunksburg and Stokely, the former in the northwest and the latter in the southwest part of Blackwater township; Fince was located in

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the southwest part of Hughesville township; Pin Hook, where the first courts in the county were held, and St. Helena, the first county seat, eight miles north and one mile east of Sedalia, abdicated in favor of George- town; Ewerton, a little store near the center of Green Ridge township, and Old Ionia, in the southern part of Washington, are the towns and villages which have given way to more progressive towns and conditions. Manilla is one of the smaller villages.

CHAPTER XXXVIII.

ROADS AND HIGHWAYS.

SEDALIA SPECIAL DISTRICT-ORGANIZATION OF SAME-SURFACED ROADS-AVER- AGE COST PER MILE-OFFICERS 12-MILE DISTRICT-TOTAL MILEAGE-BOND ELECTION IN 1912-REVENUE FOR BUILDING-MAINTENANCE-REPAIRS- SMITHTON SPECIAL DISTRICT AND OFFICERS-LAMONTE SPECIAL DISTRICT AND OFFICERS-GREEN RIDGE SPECIAL DISTRICT AND OFFICERS-HOUSTO- NIA AND LONGWOOD DISTRICT AND OFFICERS.

Pettis County thrift is responsible for the excellent system of roads we have at the present time. It is one of the four counties having a twelve-mile road district. Many others have rock roads but few of them have a district as large as that of Pettis County and few have as many miles of rock roads.

The first special road district was the Sedalia Special Road District in 1896. When first organized it was a six-mile district, but it was enlarged to a twelve-mile district in 1911. At the present time there are 125 miles of hard surfaced roads and 200 miles of dirt roads in this special district. The average cost of these roads per mile was $4,500. There are thirty miles of gravel road outside this district and the average cost per mile was $2,000.

The officers of the Sedalia twelve-mile special district are: C. C. Gentry, president ; W. H. Powell, secretary and treasurer ; H. W. Meuschke ; C. A. Thomas, superintendent; T. O. Stanley, highway engineer and county surveyor.

The total mileage of roads in the county, both hard-surfaced and dirt, is 1,625 miles. The rock roads are kept in reasonably good condi- tion as they need repair and are a credit to any county in the State. The dirt roads are well worked, being graded, drained and most of them dragged after each rain in the summer time and as often as the weather

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will permit in the winter. Over the large streams the county maintains splendid steel bridges. The old wooden bridge is fast passing away and at the present time is being supplanted by concrete culverts, or bridges, well built and of a permanent nature. The concrete is much stronger and more durable than the wooden bridge, and after all is money saved, to say nothing of the safety in washing out or breaking through under heavy strain placed on them by loaded wagons, steam threshing engines, etc., passing over them from time to time.

Pettis County, like all counties that have rock roads, did not get them without an effort. There was much opposition to their building at the beginning. The issuing of bonds was opposed because of the expense in the first place; because, in the second place, they would never be kept up and finally if once they were built they wouldn't stop building them until the county was bankrupt. Argument, reason, and much other talk was indulged in and finally a successful election in 1912. In this year the county voted $200,000 in bonds and the roads became, in a short time, a reality. The present Chamber of Commerce was then called the "Booster Club," and it took a prominent part in carrying the bond issue in the election.

This opposition has all died out now since the roads are here, and some of the improvements' strongest opponents are now the foremost agitators favoring hard-surfaced roads. These roads were built by issuing of bonds and other revenue. For instance, there is the twenty-five cent road tax made possible by state law, road and bridge tax and in addi- tion the county gets one-half of the revenue from the saloon license for road purposes. Repairs are kept up out of the above-named reve- nues. No one now, in Pettis County, would be without the rock roads. The writer thought on beginning of this work that he would devote some space to the "Old Trails" of the county; but after thinking and writing about the present rock roads, the "trails" become uninteresting. With all roads leading to Sedalia and most of the citizens running auto- mobiles a discussion of the old ox-cart and the old trails would be a waste of space and printer's ink.

Since the citizens of the county have seen the advantages of the hard-surfaced roads, other districts, under the same law as the Sedalia district, have been formed and their roads are kept in an excellent con- dition. The Smithton special district is well organized, is three by six

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miles in territory. Robert Cotton, W. E. Cook and August Cline are the commissioners.

LaMonte has an eight-mile special district, with W. E. Files, Henry Woodward and Frank Schenk as commissioners. Green Ridge has a special district three miles square, with J. E. Bagby, Fred Ream and A. J. Farley as commissioners. Houstonia has a special district em- bracing the township and L. L. Crews, H. M. Schonlelmaier and G. H. Tevebaugh as commissioners. There is one other special district in the county, that of Longwood township. This district differs from the others named in that it is a special assessment district. Clem Jones, Ollie D. Jenkins and James Adams are the commissioners.

CHAPTER XXXIX.

BENCH AND BAR

EARLY DAY PROCEEDURE-FIRST COURT HELD AT ST. HELENA, FIRST COUNTY SEAT-COUNTY SEAT AT GEORGETOWN FROM 1837 TO 1869-COUNTY COURT- RECORD OF FIRST CIRCUIT COURT-OTHER TERMS-SEDALIA, THE COUNTY SEAT-COURT OF COMMON PLEAS-PROBATE COURT-CRIMINAL COURT- PRESENT COURT OFFICERS-ATTORNEYS SINCE ORGANIZATION OF COUNTY -PRESENT ATTORNEYS OF PETTIS COUNTY.

The early courts were of the most primitive character, and judicial procedure in accordance with the simplest forms. The proceedings in court trials partook largely of the character of courts-martial, being arbitrary and strictly in accordance with both letter and spirit of the law. Jury trials were conducted according to the simplest forms-the jury, as a matter of fact, acting merely as a board of arbitration. The court dockets were not cumbered with long lists of causes, for the judges promptly declined to consider causes not strictly within the bounds of equity. The result was that the business of the courts was dispatched with rapidity and promptness, and conclusions reached by the shortest and simplest methods.

By act of the Legislature of Missouri, January 26, 1833, Pettis County was organized, comprising all the territory within the present eastern, northern and western boundaries, and extending south to the middle of the Osage River. The house of James Ramey at St. Helena, then known as Pin Hook Mills, situated eight miles north and one mile east of Sedalia, was designated as the place where the courts should be held, until the tribunal transacting business for the county should establish a tem- porary seat of justice.

The act also created a county court, designated the times of its meet- ing, and empowered the governor to appoint temporary judges.

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By act of the Legislature, December 3, 1834, the temporary seat of justice for Pettis County was continued at St. Helena, until the perma- nent seat of justice should be selected and established, and Joseph S. Anderson, of Cooper County; John Stapp, of Lafayette County, and John Rucker, of Howard County, appointed commissioners to select a site for permanent seat of justice.

By authority of the act above mentioned, the business of the county was transacted at St. Helena, until 1837, when by act of the Legislature Georgetown was selected as the permanent seat of justice for Pettis county, and a substantial brick building was erected for the accommo- dation of the courts and county officials. The frame work of the building consisted of beams of hewn timber framed together and anchored in the walls.

Georgetown remained the permanent seat of justice for Pettis County from 1837 to 1865, when by act of the State Legislature it was removed to Sedalia.

The act of the Legislature of Missouri, January 26, 1833, which pro- vided for the organization of Pettis County, and the establishment of a temporary seat of justice, also created the county court, and empowered the governor to appoint judges therefor, to serve until the general election in the county, which was ordered to be held in 1834. As before mentioned, the place selected temporarily for the transaction of the business of the county, was St. Helena, and times for holding the county courts, the third Mondays in February, May, August and November.

In compliance with the above act, the governor appointed James Ramsey, Elijah Taylor, and William A. Miller judges of the county court, and the first session was held on the third Monday in February following.

In 1833 three judges were appointed, viz .: James Ramsey, appointed 1833, served until 1838; Elijah Taylor, appointed 1833, served until 1838; William A. Miller, appointed 1833, served until 1838. The County Court, at present, has jurisdiction over all county business and is composed of the following judges and officers. Presiding Judge, Frank F. Hatton ; judge eastern district, Edgar G. Leftwich; judge western district, William A. Triplett ; county clerk, Newton P. Elmore, with James Eagan as deputy.

By act of the Legislature of Missouri, February 9, 1833, Pettis County was placed in the Fifth Judicial Circuit, consisting of the coun- ties of Carroll, Clay, Clinton, Ray, Jackson, Lafayette and Saline, but by act of March, 17, 1835, the Legislature created the Sixth Judicial

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Circuit, consisting of the counties of Benton, Barry, Green, Polk, Rives and Morgan, to which Pettis was also assigned.

First term: St. Helena, July 8, 1833; John F. Ryland, judge; Aaron Jenkins, sheriff ; Amos Fristoe, clerk.

List of grand jurors: Henry Anderson, foreman; Anthony Fisher, John O'Banon, Middleton Anderson, Athel Woolf, O. L. Q. Brown, Marion Duran, Levi Odneals, Hugh M. Doneche, Daniel Lynn, George Kelly, John Brown, Corvin Carpenter, Clinton Young, Alfred Brock, Henry Small, James Scott, Peter Fisher, Henry Rains, Hiram Scott and Thomas Martin.

The records state that no bills were found by the grand jury, and the only business transacted by the court was the case of William Heald- vs. James Williams, appealed from justice's court. Entry: "Dismissed at the request of the parties." The remainder of the business transacted by the court consisted merely of the enrollment of James H. Birch and Hon. Henderson Young (afterwards judge of that court), as members of the Pettis County bar. Length of term, one day.

The second term, November 11, 1833, and third term, March 10, 1834, were held at St. Helena. Ryland, judge; Jenkins, sheriff, and Fristoe, clerk. Lasting one day each, and no important business transacted.

The fourth term, July, 1834, and fifth term, November 10, 1834, were held at the same place as above mentioned, lasting two days each. Ryland, judge; William R. Kemp, sheriff ; Fristoe, clerk.

Sixth term, held at St. Helena. Ryland, judge; Kemp, sheriff ; Fris- toe, clerk. Term, one day, March, 1835.

Seventh term, held at St. Helena, September 17, 1835. Hon. Charles H. Allen, judge; William R. Kemp, sheriff ; Amos Fristoe, clerk. Term, two days.

Eighth term, held at St. Helena. Allen, judge; Kemp, sheriff ; Fristoe, clerk. Term, six days.

Ninth term, held at St. Helena, September 15, 1836. Allen, judge; Kemp, sheriff ; Fristoe, clerk. Term, one day.

Tenth term, held at St. Helena, March, 1837. Hon. John F. Ryland presented his commission as judge of the Sixth Judicial Circuit, and Henry Childs presented his commission as circuit attorney for same. Kemp, sheriff ; Fristoe, clerk. Term, one day.

Eleventh term, held at St. Helena, July, 1837. Ryland, judge; Kemp, sheriff; Fristoe, clerk. Term, two days.

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Twelfth term, held at St. Helena, November 20, 1837. Ryland, judge; Kemp, sheriff ; Fristoe, clerk.

Thirteenth term, held at Georgetown, March 19, 1838. Ryland, judge; Kemp, sheriff ; Fristoe, clerk.

The first term of Circuit Court was held in Sedalia in the spring or summer of 1865.

By act of the Legislature of Missouri, March 13, 1867, the Court of Common Pleas for Pettis County was established, and R. G. Durham appointed judge of that court by Governor Thomas C. Fletcher in April following. He served till January 2, 1869, and was succeeded by John S. Cochran, who was elected for four years.

By an act of the Legislature, March 12, 1870, the Court of Com- mon Pleas was invested with original jurisdiction as court of probate, and the county clerk was made ex-officio clerk of probate.

In 1873, Judge Cochran was succeeded by W. H. H. Hill, but by act of the Legislature, March 8, 1873, the common plea jurisdiction of the court was abolished, leaving only probate jurisdiction, and the judge was made clerk of his own court; all other business was transferred to the Circuit Court.

As judge of probate, Judge Hill was succeeded by H. P. Townsley, who was succeeded, January 1, 1877, by John A. Lacy, for the term of four years, under the following circumstances:

In 1876, by authority of a special act of the Legislature, certain counties (including Pettis) elected judges of probate for four instead of two years, resulting in a change of the time of election of probate judges in those counties to the middle of the term in all other counties. In order, therefore, to establish uniformity in length of term and time of holding elections for probate judges in all the counties of the State, the Legislature, in conformity with the new Constitution of the State, passed an act making the tenure of probate judges in Pettis and the other coun- ties in which elections were held in 1876, as aforesaid, two years for one term, beginning January 1, 1881, and four years thereafter.

Under the provisions of this act, therefore, the election of probate judge in Pettis County took place, and Judge John A. Lacy was re-elected to serve from January 1, 1881, to January 1, 1883.

Under the present law governing Probate Courts, the probate judge serves for a term of four years. This court has jurisdiction over all probate matters, and Hon. Eugene W. Couey is the present probate judge, with Miss Kathryn Connelly as clerk.

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HISTORY OF PETTIS COUNTY

The Criminal Court: The territory within the jurisdiction of the Criminal Court comprised Pettis and the other counties composing the Sixth Judicial Circuit, and also Johnson County. It was established by act of the Legislature, March 18, 1875, and in January, 1875, W. H. H. Hill, of Sedalia, was appointed judge thereof, and under that appointment served until January, 1877. By election in 1876, Judge Hill was made his own successor for a term of four years, but died in September, 1880. Under the present law, Pettis County constitutes the Thirtieth Judicial Circuit of Missouri, with jurisdiction as follows :

"The Circuit Courts in the respective counties in which they may be held shall have power and jurisdiction as follows :

"First-As courts of law, in all criminal cases which shall not be otherwise provided for by law.

"Second-Exclusive original jurisdiction in all civil cases which shall not be cognizable before the County Courts, Probate Courts and justices of the peace, and not otherwise provided for by law.

"Third-Concurrent original jurisdiction with justices of the peace in all counties and cities, in all civil actions for the recovery of money, whether such actions be founded upon contract or tort, or upon bond or undertaking given in pursuance of law, in any civil action or proceed- ing, or for any penalty or forfeiture given by any statute of this State, when the sum demanded, exclusive of interests and costs, shall exceed fifty dollars, and does not exceed the maximum jurisdiction of justices of the peace in like cases in any such county or city; and also in all such cases where the sum demanded, exclusive of interests and costs, is less than fifty dollars, and wherein there are two or more defendants, not all of whom reside in the same county. And of all actions against any railroad company in this State, to recover damages for the killing and injuring of horses, mules, cattle or other animals, without regard for the value of such animals, or the amount of damages claimed for the killing or injuring of same. And in all actions and proceedings for the recovery of specific personal property, when the value of the property sought to be recovered, and the damages claimed for the taking or detention of same, and for injuries thereto, shall exceed the sum of fifty dollars, and does not exceed the maximum jurisdiction of justices of the peace in like cases in any such county or city.

"Fourth-Appellate jurisdiction from the judgments and orders of County Courts, Probate Courts and justices of the peace, in all cases not

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HISTORY OF PETTIS COUNTY

expressly prohibited by law, and shall possess a superintending control over them, and a general control over executors, administrators, guardians, curators, minors, idiots, lunatics and persons of unsound mind. (R. S. 1899, § 1674, amended, Laws 1903, p. 140.)"

The following are the court officers and the terms of Circuit Court: Hon. Hopkins B. Shain, judge; George W. Driskell, clerk; W. W. Bolton, sheriff ; W. P. Kimberlin, official stenographer. First Mondays in Feb- ruary, May, October and December for civil cases, and first Mondays in January, April, June and November for criminal cases.

The circuit judge's term is six years. Sedalia township has two justices of the peace, James C. Connor and Douglas Lane.

Attorneys and Date of Enrollment Since Organization of the County.

G. W. Anamosa, November 3, 1905; E. A. Andrews, May, 1817; M. A. Ayres, December 6, 1904; W. B. Almon, March, 1838; G. W. Barnett, April 11, 1872; A. M. Barrett, May, 1853; O. M. Barnett, January 21, 1893; T. E. Bassett, November, 1865; A. W. Bannett, October 7, 1895; W. F. Bassett, July, 1869; Bruce Barnett, December 12, 1896 ; J. H. Beatty, October, 1870; N. E. W. Baxter, February 28, 1899; C. H. Bell, 1876; C. W. Bente, September 5, 1898; J. H. Birch, July, 1833; W. W. Blain, October 2, 1905; T. C. Birch, March, 1834; L. Bothwell, October 19, 1905; S. Boyd, May, 1860; J. H. Bowron, 1883; J. A. Bottsford, August, 1866; G. F. Boothe, February 15, 1910; J. H. Bothwell, July, 1871; Paul Barnett, De- cember 30, 1912; J. T. Bowen, January, 1881; J. R. Bockelman, Janu- ary 13, 1915; E. Burk, November, 1858; W. H. Bohling, January 4, 1913; S. S. Burdett, January, 1874; H. G. Billups, June 6, 1902; Lee Bradford, January, 1873; F. R. Breman, January 2, 1890; L. L. Bridges, January, 1870; G. W. Barnett, Jr., December 15, 1902; J. H. Brown, December, 1872; D. P. Berry, 1896; J. W. Byler, May 8, 1895; John Bryant, April, 1844; H. K. Bente, July, 1893; J. M. Bryant, April, 1844; J. Blackford, October, 1870; J. E. Carter, August, 1866; J. R. Cashman, September 11, 1883; L. D. Condu, February, 1866; E. E. Clark, September 6, 1884; J. S. Cochran, May, 1865; E. E. Clark, Jr., October 23, 1894; S. H. Cochran, May, 1874; E. L. Collins, January 26, 1888; W. H. Current, September, 1873; E. W. Couey, April 17, 1894; O. A. Crandall, May, 1865; H. E. Clark, December 30, 1913; T. W. Crews, April, 1855; A. A. Brewster, Jan- uary 13, 1894; C. Chilton, December, 1842; J. D. Bohling, May, 1891; J. J. Clutter, April, 1862; W. A. Collins, October 20, 1905; T. Davis, Janu- ary, 1861; J. H. Chiswell, October 5, 1892; William Davis, April, 1845;

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History of Pettis County, Missouri, Part 23

Author: McGruder, Mark A Publication date: 1919 Publisher: Topeka, [Kan.] : Historical Pub. Co. Number of Pages: 962

Author: McGruder, Mark A
Publication date: 1919
Publisher: Topeka, [Kan.] : Historical Pub. Co.
Number of Pages: 962