USA > Missouri > Ray County > History of Ray county, Mo. > Part 31
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Ray was one of the new counties.
By act of the general assembly, approved January 11, 1822, the state of Missouri was divided into four judicial districts, and subsequently the districts were subdivided into judicial circuit.
The counties of Cole, Cooper, Lillard, (now Lafayette) Clay, Ray, Chariton, Howard and Boone, composed the first judicial district.
The Hon. David Todd was judge of this district till the year A. D. 1831, commencing with the year A. D. 1821.
By act of the general assembly, passed at its session of 1830-1, Saline, Lafayette, Ray and Chariton counties were stricken off of the first judicial circuit, and, together with Randolph and Jackson, were made to form the fifth judicial circuit.
The circuit courts were to be held in Ray county as follows: Com- mencing on the first Thursdays after the first Mondays in February, June and October.
The counties comprising the first judicial circuit, with the exception of the county of Franklin, and the counties composing the fifth judical cir- cuit, constituted the first judicial district.
The general assembly of Missouri, March 17th, 1835, passed an act dividing the state into four judicial districts and seven judicial circuits, making the first judicial district to consist of the counties of Clay, Clin- ton, Cole, Callaway, Carroll, Cooper, Chariton, Saline, Lafayette, Ray, Johnson, Jackson, Morgan, Howard, Randolph, Monroe, Boone, Rives, Pettis, Benton, Polk, Greene, Barry and Van Buren; and the fifth judicial circuit, of the counties of Clay, Clinton, Carroll, Chariton, Lafayette, Ray, Johnson, Jackson and Van Buren.
The supreme court met in the first judicial district, at the town of Fay- ette, Howard county, on the first Mondays after the fourth Mondays of April and August in each year.
The time of holding the circuit courts in Ray county was changed to the first Mondays of March, July and November.
The Hon. John F. Ryland succeeded the Hon. David Todd, as judge of the fifth judicial circuit in 1831, and held the office until 1837.
In the latter year, by act of the general assembly, Saline, Lafayette and Jackson, being south of the Missouri river, were stricken from the fifth
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HISTORY OF RAY COUNTY.
and attached to the sixth judicial circuit, of which Hon. John F. Ryland was the judge. The fifth judicial circuit was then formed of counties lying north of the Missouri river.
The Hon. Austin A. King, of Ray county, was appointed judge of the fifth circuit in 1837, and served with distinguished ability till his resigna- tion in 1848, to assume the duties of governor of Missouri, an office to which he had been elected by his fellow citizens.
By act of the general assembly, approved January 31st, 1839, the fifth judicial circuit was declared to embrace Clinton, Caldwell, Clay, Ray, Platte and Buchanan counties.
Again, by act of March 27, 1845, Platte and Buchanan counties were stricken from the circuit, and Carroll, Harrison, De Kalb and Daviess, added thereto.
Judge King was succeeded by the Hon. George W. Dunn, who received his appointment from Gov. John C. Edwards, and was circuit judge from the year 1848 to 1861.
By appointment of Gov. Gamble, Austin A. King was again judge of the fifth judicial circuit from 1861 to 1863, when he was again succeeded by Judge Dunn, who served till 1865.
Judge Dunn's successor was the Hon. Walter King, son of Austin A. King.
Judge Walter King filled the office from 1865 to 1867, in which year he was succeeded by the Hon. Philander Lucas, who continued to serve till 1874.
In the year last mentioned the Hon. George W. Dunn was elected by the people, for a term of six years, judge of the fifth judicial circuit, the boundaries of which were so reduced in 1866 as to include the counties of Ray, Clay, Clinton and Platte, which now (April, 1881,) form the circuit.
Judge Dunn was again elected in November, 1880, and hence is the present judge of the fifth judicial circuit of Missouri.
He has held the office up to this date, about twenty-two years in the aggregate; and in the discharge of all his official duties has been guided by a love of justice, deliberate judgment, impartial ruling, and a sincere desire to uphold the law in its every tendency to promote the well-being of society. Truly has it been written of him: "He has worn the ermine unspotted." Judge Dunn is a resident of Richmond, Ray county, Mis- souri.
Till the year 1831, Ray was one of the counties of the first judicial circuit; since that time it has remained a part of the fifth judicial circuit.
The judges of these circuits having been given in this article, we now append a complete list of the
CIRCUIT ATTORNEYS.
Hamilton R. Gamble, from February, 1821, to December, 1823.
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HISTORY OF RAY COUNTY.
Abiel Leonard, from December, 1823, to June, 1825.
Charles French, from June, 1825, to June, 1826.
Robert W. Wells (attorney-general), from June, 1826, to March, 1831. Amos Rees, from March, 1831, to February, 1837.
Thomas C. Burch, from February, 1837, to February, 1840.
Peter H. Burnett, from February, 1840, to January, 1841.
George W. Dunn, from January, 1841, to July, 1848.
Chas. J. Hughes, from September, 1848, to November, 1848.
Mordecai Oliver, from November, 1848, to January, 1853.
Christopher T. Garner, from January, 1853, to January, 1857.
Aaron H. Conrow, from January, 1857, to January, 1861.
De Witt C. Allen, from January, 1861, to-
D. P. Whitmer, from February, 1862, to January, 1865.
W. A. Donaldson, from January, 1865, to May, 1865.
Elijah F. Esteb, from May, 1865, to January, 1869.
John G. Woods, January, 1869, to January, 1873.
Hamilton R. Gamble resigned, and Abiel Leonard was appointed by the supreme court to fill the vacancy.
The latter, after serving about a year and a half, was removed from office-for what cause, or whether for any cause, the writer has been unable to ascertain-and Charles French appointed in his stead.
It is presumed that the charges against Judge Leonard-if there were any-were either trifling, or not well founded, as he was universally recognized as an able and faithful officer-a gentleman in every depart- ment and duty of life-an upright and honorable man. He was after- ward, for many years, judge of the supreme court of Missouri.
In 1822 Abiel Leonard was appointed, by Hamilton R. Gamble, deputy circuit attorney, to prosecute in Ray, Clay, Lafayette, Saline, and Cole counties.
An act of the general assembly, relating to the attorney-general and circuit attorneys, approved December 9, 1824, provided that the attorney- general should reside and keep his office at the seat of government; that it should be his duty to commence and prosecute all actions, suits, proc- esses, and prosecutions, civil and criminal, in which the state or any county might be concerned; to defend all actions brought against the state; to prosecute forfeited recognizances, and all suits and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state, or to any county within the circuit in which the seat of government was located; when called upon by the governor, to aid any circuit attorney in the discharge of his duties; when required, to give his opinion and advice, without fee or reward, to any county court, or justice thereof, or to any tribunal established for the transaction of county business, or to any member thereof, or to any justice of the peace within his circuit, upon any
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HISTORY OF RAY COUNTY.
question of law relating to any criminal or other matter in which the state or any county was concerned; and to perform such other and further duties as might be enjoined on him by law.
In 1826 the seat of government was removed to Jefferson City, in Cole county, and as that county was in the first judicial circuit, of which Ray county was also a part, the then attorney-general, Robert W. Wells, became ex-officio circuit attorney for the first judicial circuit, and continued to act as such so long as he remained in office, but in the year 1831, as previ- ously stated, Saline, Lafayette, Ray, and Chariton were stricken from the first, and became part of the fifth judicial circuit, of which Amos Rees was then appointed circuit attorney.
During Wells' incumbency, Amos Rees was frequently appointed cir- cuit attorney pro tempore.
William T. Wood acted as circuit attorney for the October term of court, 1834; Charles French, for the November term, 1826; John Wilson, for the July term, 1826; and again, for the March term, 1828.
Peter H. Burnett resigned, and Geo. W. Dunn was appointed for the remainder of his term, and elected by the people in 1844.
George W. Dunn having been appointed judge of the fifth judicial cir- cuit, vice Austin A. King, elected governor, Chas. J. Hughes was appointed to discharge the duties of prosecuting attorney pro tempore.
De Witt C. Allen was elected circuit attorney in November, 1860, but we have been unable to find an entry of record showing that his commis- sion was produced in the Ray circuit court.
In the year 1861, during the intense public excitement, incident to the outbreaking of civil war, no regular, uninterrupted sessions of the circuit court, were held; and it is believed that Mr. Allen never attended. At all events, February, 1862, David P. Whitmer was commissioned by acting-governor Willard F. Hall, circuit attorney of the fifth judicial cir- cuit, to serve out the term for which Allen had been elected.
Elijah F. Esteb was appointed, vice W. A. Donaldson, in conformity to the before-mentioned ordinance of the Missouri state convention of 1865.
The office of county attorney was established in 1868, and James W. Black, Esq., was appointed county attorney for Ray county, taking charge of the office in January, 1869, and serving till January, 1873. He attended to county business only-the prosecution of criminal cases being still left to the circuit attorney.
The office of circuit attorney was abolished in 1872. In November, of that year, James L. Farris was elected county attorney of Ray county, and served four years from the following January. He was succeeded by Frank G. Gibson as prosecuting attorney.
Gibson served two years, and was succeed by James W. Garner, who has been twice elected, and is now in office.
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HISTORY OF RAY COUNTY.
Of the circuit attorneys given in the foregoing list, the following either lived, or are now living in Ray county :
Amos Rees, Thomas C. Burch, George W. Dunn, Charles J. Hughes, Mordecai Oliver, C. T. Garner, Aaron H. Conrow, David P. Whitmer, W. A. Donaldson, and Elijah F. Esteb.
The circuit has been composed of never less than four counties; yet it will be seen that a majority of the attorneys were citizens of Ray.
RAY COUNTY'S WAR RECORD.
At the time of the passage of the act of congress, approved February 14, 1871, granting pensions to the surviving soldiers of the war of 1812, and the widows of the deceased soldiers of the war of 1812, that were married before peace was declared between the United States and Great Britain, February 17, 1815, there were living in Ray county, Missouri, twenty soldiers and four widows, nearly all of whom were entitled to pen- sions under the provisions of said act of congress of February 14, 1871. They were as follows:
THOMAS BLAIN, at the age of twenty, enlisted for service in the war of 1812, as a private in Capt. Samuel Lapsly's company, second regiment of Kentucky volunteers, on or about the 1st of April, 1813, in Lancaster, Gar- rard county, Kentucky. This regiment was comprised lin the army commanded by General William Henry Harrison. A short time after Thomas Blain enlisted, his regiment was ordered to take up their line of march to Fort Meigs, in the northwest part of Ohio. He remained in service in General Harrison's army for a number of months, and having served over his term of enlistment, he was honorably discharged from the said military service at Habanna, Ohio, the spring of 1814, and returned to his home in Kentucky. Some years afterward he removed to Missouri, and followed the business of farming many years, successfully. He was living near Camden, Missouri, at the time he commenced drawing his pension as a soldier of the war of 1812, in the year 1871. He died the same year, December 12, 1871, at the advanced age of seventy-nine years, at his home, greatly respected as an honest, upright man, by his large circle of neighbors and friends.
JOHN BREWER enlisted at the age of twenty, in Capt. Weslar's Chester county company, Valley Light infantry, at Chester county, Pennsylvania, on or about the 20th day of June, 1814. After enlisting in said Capt. Weslar's company, he was ordered to Philadelphia, and remained in camp there for two weeks, and then proceeded to a point on the Delaware river about twenty miles below Philadelphia, near Marcus Hook. He re- mained at this place doing duty as a soldier of said company, until some
Faithfully John M. france
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HISTORY OF RAY COUNTY.
time in October, 1814, when he was honorably mustered out of the service. He was a worthy, old gentleman, greatly endeared to his family and friends. He was a citizen of Ray county a number of years, and made application for pension in Richmond, Ray county, Missouri, in 1871. He died after a very short illness, in Caldwell county, Missouri, December 3, 1871, at the advanced age of eighty years.
THOMAS B. BROWN was drafted as a soldier of the war of 1812, and mustered in as private in Capt. James C. Wade's company, Bedford county, Tennessee, on or about the 15th day of May, 1812, at the age of twenty-four years. After this company was duly organized, it took up its line of march from Fayetteville, Tennessee, to Fort Jackson, then in the territory of Indiana; thence to Fort Decatur, in same territory; and after doing military service until late in the fall of 1812, his company re- turned home to Bedford county, Tennessee, and were honorably dis- charged from the service, after having been on duty six months and twenty days. Some years afterward, he removed to Missouri, and in the course of time settled in Ray county, and became one of its most valued, useful and energetic citizens. He was for many years an able and faithful minister of the gospel of the Baptist denomination, and performed the work of his great Master in an earnest and zealous manner. He became a pensioner in 1872, to date from February 14, 1871. He died at his home in Ray county, at the great age of eighty-five. He was greatly beloved by a large circle of relatives and friends. The present representa- tive of Ray county, in the legislature of Missouri, is his grandson.
ALEXANDER BOGART, was drafted as a private in Captain Solomon Hendron's company of infantry, Colonel Bagley's regiment, General Coul- ter's brigade, constituting a part of the army of General Andrew Jackson, war of 1812. He was drafted and mustered into said company on or about the 20th day of October, 1814, in Chaster county, Tennessee. He then marched with his company to Lookout mountain, thence to Fort Jackson, thence to Fort Claiborne, remaining in the service until after the news was received that peace had been declared between the United States and Great Britain, and was then honorably discharged with his company at Fort Claiborne, Alabama. Some years after his discharge from military service, when his country was making the onward march of prosperity, under the benign influences of peace, and the great developments of an active and energetic people, he shaped his course westward for Missouri, and for many years lived in Ray county, Missouri, near Albany, in Fish- ing River township. He died at the advanced age of eighty-four years, at his home near Albany, having been a worthy and exemplary citizen of this county for many years, greatly respected by all who knew him.
JOHN BISSELL, a soldier of the war of 1812, volunteered to serve in 17
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HISTORY OF RAY COUNTY.
Captain Haslep's artillery company volunteers, at Youngstown, Ohio, on or about the 27th day of August, 1812. This company of artillery con- stituted a part of General William Henry Harrison's gallant little army, that won distinction under the brave "Old Tippecanoe" on some hard fought battle-fields. After he enlisted in this company, he soon saw some severe active service. He was with his company in the siege of Fort Meigs, and was with it when sent to succor General Winchester's forces at the River Raisin, but failed to reach them before the massacre. At the expiration of his term of enlistment, he was honorably discharged at Lower Sandusky, Ohio, on the 27th of February, 1813. He married in Trumbull county, Ohio, (now Mahoning) to Miss Margaret Waters, November 16, 1815. He removed from Ohio to Ray county, Missouri, in the year 1866, and was a successful farmer near Albany, Ray county, Missouri, for many years, and was highly respected by his neighbors as an honest, upright man. He died at his home, near Albany, in the spring of 1879, at the advanced age of eighty-five years.
WILLIAM BALES was a soldier of the war of 1812. He was mus- tered into Capt. Sharp's company, Tennessee militia, in December, 1814, at Knoxville, Tennessee, and serving for a short time, in said company, was honorably discharged a short time before peace was declared. He became a citizen of Ray county, Missouri, many years ago, having left Tennessee and become a resident of this county shortly after it was organized. He came to it when it was sparsely inhabited, when only a ยท small portion of its fertile territory was under cultivation, and rewarded the hand of the industrious farmer with abundant crops. He has lived to see this county become one of the first of the northwestern counties of Missouri, in everything that pertains to a high degree of improvement and civilization. He has attained the great age of eighty-nine years. He has been one of the most energetic and worthy farmers of the county, and is greatly respected by all his neighbors. He is greatly endeared to his family, who have grown up around him, and are regarded as being prominent and useful citizens of the county.
JOHN CORNELISON enlisted as a private in Capt. Jacob Israel's company rifle volunteer infantry, at the age of twenty-four years, war of 1812, in Harrison county, Virginia, on or about the 20th day of November, 1814. After their company was duly organized, it rendezvoused at Clarksburg, Hardin county, Virginia, and was afterwards ordered to Norfolk, Vir- ginia. Before reaching Norfolk, however, the order was countermanded, and it was ordered back to Harrison county, Virginia, and discharged from the service on or about the 28th day of March, 1815, after peace had been declared between the United States and Great Britain. A number of years after the war of 1812, he removed from Virginia with his family to the west, and after living in various places finally settled in Ray county,
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HISTORY OF RAY COUNTY.
Missouri. He died in the year 1872, about two miles northwest of Rich- mond, at his home, at the advanced age of eighty-two years.
JOHN DAVIS volunteered as a soldier of the war of 1812, in Capt. John Crawford's company, Kentucky infantry volunteers, which formed a part of General Shelby's brigade, at Newport, Kentucky, on or about the 20th day of July, 1813.' Soon after the organization of his brigade, they marched rapidly to reinforce General Harrison. After being reinforced by so strong a body of Kentucky troops under Gen. Shelby, Gen. Harrison embarked on lake Erie with his army, and soon after arrived at Malden. On finding his post had been abandoned by the British, and that they had retreated up the river Thames, General Harrison rapidly pursued them, and succeeded in bringing them to action at the Moravian village on the Thames, and gained a decisive victory, October 5, 1813. The celebrated chief Tecumseh was slain in this battle by Colonel R. M. Johnson. Capt. John Crawford's company, in which John Davis was first sergeant, bore a conspicuous part in this battle on account of their gallantry, and con- tributed no little to the glorious result. On the expiration of his term of service he was honorably discharged at Chillicothe, Ohio, on or about October 30, 1813. John Davis and Selene McDougal were married in Morgan county, Kentucky, June 1, 1817. John Davis some years after his marriage, removed with his family to Ray county, Missouri, and after living in different portions of the county, finally made a permanent settle- ment about three miles west of Knoxville, Ray county, and followed the business of farming for many years successfully. He was a valuable citi- zen in his community, and greatly respected by his neighbors. He died on the 10th day of September, 1875, at his home near Knoxville, at the advanced age of 84 years. He left a very worthy family, who live in the same neighborhood. His widow, Selene Davis, lives with her son, Jasper N. Davis, on the old homestead. She is a pensioner, as the widow of John Davis deceased, a soldier of the war of 1812.
JAMES HUMPHREYS enlisted in Capt. George Matthews' company, infantry, Major Hurt's battalion, Col. George Pogue's regiment, in the army of General William Henry Harrison, at Flemingsburg, Fleming county, Kentucky, on or about the 12th day of August, 1812. After enlisting, he, with his company, marched to Newport, Kentucky, and drew their arms, and took up their line of march toward the northwestern part of Ohio. They failed to reach their point of destination before winter set in, and were ordered back to Shawneetown to build a fort which was called "Fort Amanda." They remained in this fort until spring, when they were ordered to the relief of General Winchester, but were too late in reaching him by one day's travel. Their term of enlistment having expired, they returned home and were honorably discharged on or about April 15,
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HISTORY OF RAY COUNTY.
1813. For a number of years before his death he was a citizen of Ray county, Missouri, living near Millville.
JAMES KINZON was a private in Capt. James H. Campbell's company, 24th regiment U. S. infantry volunteers. He enlisted at Cumberland Gap, east Tennessee, on or about the 4th day of September, 1812. After serv- ing two years he was transferred with his company to the second rifle regi- ment corps, and served in it until the expiration of his term of enlistment, having enlisted for five years. He was honorably discharged at Rock Island, Mississippi, September 4, 1817. After enlisting he marched with his company to Knoxville, Tennessee, thence to Canada West, taking part in the battle of Mackinac, in the defense of Fort Meigs at the time of the siege, and in other engagements. Some years after the war of 1812 he , came to Missouri. He married Miss Sarah Harlow, of Clinton county, Missouri, and lived many years near Turner's Grove, Ray county, Mis- souri. He died in Clinton county Missouri, on the 26th day of February, 1875, at the advanced age of 80 years.
JAMES MASON was a private in Captain Elijah Harding's company, Forty -fifth regiment Virginia militia, commanded by Lieutenant-Col- onel Peyton, General Hungerford's brigade, war of 1812. He was mus- tered into the service in Stafford county, Virginia, Potomac court house, on or about the 1st day of July, 1814. He performed service with his com- pany in Westmoreland county, Virginia, along the Potomac, until he was stricken down with a severe attack of typhoid fever, and was sent home from Drummond's Field, Virginia, his company being on the march at that time up the Potomac river. On recovering, he found his company had returned to Stafford county, Virginia, and was dis- charged for the campaign. The war coming to a close shortly after, the services of his company were no longer required. He married in Vir- ginia, and lived there the greater portion of his life. He came to Rich- mond, Missouri, when a very old man, and lived up to the time of his death with his daughter, Mrs. O. S. W. Taylor.
WILLIAM McINTOSH was mustered in as a private in Captain Black's company, Third regiment of Tennessee volunteers, war of 1812, on or about the 10th day of July, 1814, and was honorably discharged on or about the 10th day of February, 1815, after peace was declared, at Nash- ville, Tennessee. After enlisting in said service, his regiment took up their line of departure on flat-boats to New Orleans, Louisiana, and remained in that city until after the battle of New Orleans, having the honor of taking part in this glorious engagement, on the 8th of January, 1815. After news of the peace was received, his company was ordered back to Tennessee, and were mustered out of the service honorably, at Nashville, Tennessee, as above stated. He lived a number of years
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HISTORY OF RAY COUNTY.
before the close of his life in Hardin, Ray county, Missouri, and died there at the advanced age of eighty-two years.
THOMAS MCCUISTION was a lieutenant in Captain John B. Dempsey's company of mounted volunteers, commanded by Colonel Newton Can- non, in General Coffee's brigade, the division commanded by General Andrew Jackson. He volunteered and was mustered in at Shelbyville, Bedford county, Tennessee, on or about the 15th day of September, 1813, and was honorably discharged on or about the 25th day of December, 1813. He was in the battle of Tallahatchie, on the 2d of November, 1813, and in the battle of Talladega, on the 8th olfNovember, 1813; in the Indian war, of the United States against the Creeks, and contributed greatly by his gallantry and intrepidity in these actions in achieving com- plete victories over the brave warriors of the hostile Creeks. He married Nancy Jordan, in Bedford county, Tennessee, on or about the 15th day of February, 1816, and moved with his wife to Ray county, Missouri, a few years after the organization of the county. He was a man of sterling integrity. All his dealings with his neighbors were characterized by the highest principles of honor and rectitude. He was greatly loved by a large circle of relatives and friends. After a long life of usefulness, he died in Richmond, Missouri, in 1880, at the advanced age of eighty-eight years. His widow, Mrs. Nancy McCuistion, is still living.
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