The History of Pettis County, Missouri, History of Sedalia, Part 32

Author: Demuth, I. MacDonald
Publication date: 1882
Publisher: [n.p.]
Number of Pages: 1148

USA > Missouri > Pettis County > Sedalia > The History of Pettis County, Missouri, History of Sedalia > Part 32

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HISTORY OF PETTIS COUNTY.

Pierce, Jno. M., enrolled November, 1860.

Pigg, Jno. A., enrolled April, 1848. Pickett, A. J., enrolled May, 1876. Pickrell, W. A., enrolled January, 1873. Powell, Jno. T., enrolled April, 1848. Phillips, Jno. F., enrolled April, 1862. Quarrels, C. B., enrolled July, 1837. Ramsey, Lewis, enrolled December, 1843.

Randall, Wm. H. T., enrolled January, 1872.

Ready, Geo. W., enrolled July, 1869. Ready, Jno. A., enrolled July, 1869. Redford, W. M., enrolled May, 1873. Ruse, Dee, enrolled May, 1865. Ruse, Richard, enrolled November, 1837. Robinson, Wm. H., enrolled April, 1848. Robinson, B. F., enrolled April, 1851. Richardson, B. R., enrolled January, 1880. Ryland, Jno. E., enrolled June, 1865. Sampson, A. J., enrolled May, 1865. Sampson, F. A., enrolled May, 1858. Sangree, P. H., enrolled February, 1869. Scantling, W. H., enrolled September, 1879. Sinnett, H. C., enrolled October, 1866. Smith, Geo. R., enrolled March, 1873. Smith, Irwin B., enrolled September, 1866. Smith, E. J., enrolled May, 1874. Smith, J. A., enrolled January, 1870. Smith, J. S., enrolled January, 1866. Smith, O. S., enrolled January, 1877. Smith, David S., enrolled May, 1865. Sneed, R. C., enrolled January, 1876. Snoddy, W. W. S., enrolled May, 1865. Shields, D. P., enrolled January, 1868. Stafford, P. G., enrolled January, 1872. Steele, R. W., enrolled January, 1872. Stevens, J. L., enrolled April, 1848. Steward, Robt., enrolled December, 1843. Stover, Jno. M., enrolled November, 1865. Talbot, G. A., enrolled May, 1860. Terbert, J. W., enrolled May, 1865. Tompkins, Benj., enrolled January, 1843. Townsley, C. P., enrolled October, 1860. Tutt, J. A. S., enrolled April, 1845.

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HISTORY OF PETTIS COUNTY.

Tuttle, Wilber, enrolled October, 1874. Thornton, Chas. A., enrolled April, 1848. Troxell, J. R., enrolled May, 1854. VanLeaton, M., enrolled September, 1874. Vest, Geo. G., enrolled November, 1853. Vose, S. A., enrolled July, 1867. Wade, W. P., enrolled May, 1871. Wallace, H. C., enrolled April, 1848. Wallace, H. H., enrolled October, 1870. Walker, Wm. M., enrolled October, 1870. Walker, P. B., enrolled November, 1858. Walkins, Norman, enrolled January, 1880 .. Ward, Abraham, enrolled October, 1848. Wear, D. W., enrolled April, 1862. Welsh, Aikman, enrolled November, 1857. Wilkerson, B. G., enrolled February, 1867. Williams, E. A., enrolled September, 1872. Winston, Jas., enrolled July, 1873. Wright, Foster P., enrolled October, 1851. Wood, L. T., enrolled January, 1868. Yeaman, M., enrolled April, 1862. Young, H., enrolled December, 1845. Young, Henderson, enrolled July, 1833.

PRESENT RESIDENT ATTORNEYS' ROLL.

Burnett, G. W., Bell, C. H.,

Montgomery, John, Phillips, Jno. F.,

Bothwell, J. H.,

Phillips, Emmet,

Bridges, L. L., Crandall, O. A.,

Sampson, F. A.,

Current, W. H., Durham, R. G., Fast, W. A., Fisher, A. D.,

Scott, A. C.,

Shaw, V. E.,

Shirk, W. S.,

Sinnet, H. C.,

Sloan, J. G.,

Sloan, Wm. A.,

Smith, E. J.,

Sneed, R. C.,

Snoddy, W. W., Steele, W. D.,

Trumbull, L. M.,

Vest, Geo. G., Vest, Geo. P.,

Heard, G. C., Houston, F., Hoy, Thos. P., Jackson, G. P. B., Jackson, C. L., Lamin, Henry, Lucy, J. A., Leet, D. M., Levens, H. C.,

Sangree, P. H.,

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HISTORY OF PETTIS COUNTY.

Longan, Geo. F.,

McClung, C. M.,

McLean, Jas. S. ·

Wikerson, B. G ., Yeater, C. E.

STATE BAR ASSOCIATION.

The following are members residing in Sedalia: Ezra J. Smith, Jno. F. Phillips,

W. S. Shirk, Geo. P. B. Jackson.

The State Bar Association was organized Dec. 29th, 1880.

ROLL OF FOREIGN ATTORNEYS.

A. W. Anthony, Versailles, Missouri.

E. A. Andrews, St. Louis, Missouri.

R. O. Boggers, Harrisonville, Missouri.

Ed. Buskee, California, Missouri.

Isaac W. Boulware, Fulton, Missouri.

D. C. Hunter, Nevada, Missouri.

G. L. Hayes, Brownsville, Missouri.

Thos. Holmes, Cambridge, Missouri.

S. G. Kelley, Knobnoster, Missouri.

G. C. Land, Warrensburg, Missouri. Jno. F. Merryman, St. Louis, Missouri.

B. R. Richardson, - -, Missouri. R. H. Stephens, St. Louis, Missouri.

F. P. Sebree, Marshall, Missouri. T. A. Spurlock, - -, Missouri.

H. M. Withers, Kansas City, Missouri.

T. O. Williams, Windsor, Missouri.

W. W. Williams, Boonville, Missouri.

Jno. Osgrove,

M. K. Chapman,

PERSONAL MENTION.

F. A. SAMPSON .- Admitted to practice in the courts of Pettis county and state, on examination in 1868; held the office of United States Com- missioner from 1869 to 1873; commissioned by Gov. Silas B. Wordson as representative from Missouri to the World's Exposition at Vienna in 1873; graduated with the degree of A. B. in 1865, at the college of the city of New York; in 1868 received the degree of A. M., and graduated at the law school of the University of New York in 1868, delivering the class valedictory.

A. J. SAMPSON .- Graduate of the Mount Union College, Ohio, class of 1862; admitted to practice in the courts of Pettis county and state in May, 1865; served as city attorney, city registrar, county school commissioner,

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HISTORY OF PETTIS COUNTY.

and attorney for the board of education for the 7th congressional district of Missouri. Afterwards served as attorney general of the state of Colo- rado, from 1876 to 1878.

JOHN A. LACY .- Admitted to practice in the courts of Pettis county and the state in 1872, on license from the supreme court of Virginia; has held the office of probate judge from January, 1877, six years.

GEO. P. B. JACKSON .- On presentation of his license from the supreme court of Louisiana, was admitted to practice in the courts of the state in 1871; in 1876 was elected to the office of prosecuting attorney for Pettis " county for a term of two years, and in 1878 re-elected and served with marked ability and faithfulness.

HENRY LAMM .- In January, 1872, he was admitted to practice in Pettis county and state courts, and served as circuit clerk of Pettis county in 1873 and 1874, Graduated in the Law University of Michigan, class of 1869; is associated in practice with P. H. Sangree.

EZRA J. SMITH .- Admitted to the bar at Osceola, Mo., in 1866, where he continued in the practice of law for eight years; was enrolled in the Pettis county bar in 1874, and removed to Sedalia the same year; was a member of the law firm of Burdette & Smith, of Osceola, from July, 1868, to June, 1874, and was subsequently associated in practice at Sedalia with W. S. Shirk; has an extensive practice in the federal and supreme courts, and in the counties of St. Clair, Cedar, Vernon, Polk, Hickory, Benton, Henry and Bates.

W. S. SHIRK .- Graduated at the Mount Carroll Seminary, in Illinois; graduate of the law school, Albany, New York, class 1865; admitted to practice in the supreme court, at Chicago, in. 1865, and engaged in the prac- tice of law at Warsaw, Benton county, Missouri, from 1865 to 1879; was circuit attorney from 1866 to 1874, and judge from 1874 to 1877 of the 7th judicial circuit of Missouri; was enrolled as a member of the Pettis county bar in 1867, and removed to Sedalia in 1879.

P. H. SANGREE .- Graduate of the Dickinson Seminary, Williamsport, Pennsylvania, and admitted to the bar at Huntingdon, Pennsylvania, in 1867; enrolled in the Pettis county bar in 1869, and served with marked ability as attorney for the city of Sedalia in 1875, 1876, 1878, and re- elected in 1882.

JOHN MONTGOMERY, JR .- Admitted to the Pettis county bar at the May term in 1868; deputy circuit clerk in 1862, under S. A. Lowe; assist- ant general attorney of the Missouri, Kansas & Texas Railway, for Mis- souri, from January, 1873, to June, 1881; engaged in cases of W. J. Tucker vs. J. G. Gest, and Poeppers vs. M., K. & T. Railway, which he carried to the supreme court. Both leading cases in the Missouri Reports.

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HISTORY OF PETTIS COUNTY.

Mr. Montgomery is one of the leading railway attorneys in the state, and has one of the largest and best libraries in the city.

JOHN G. SLOAN .- Was admitted to practice in the courts of Missouri at Sedalia in 1862, on license from the supreme court of Illinois; served as city justice of Sedalia from 1872 to 1876, and county judge from 1876 to 1878.

H. C. SINNETT .- Graduated at Granville Acadamy, Ohio, and the Deni- son University in Licking county, Ohio, and also graduated at the Cincin- nati Law School, class 1861; was admitted to the bar of Pettis county, January, 1866; is a lawyer of ability and has a general practice. -

B. G. WILKERSON .- A graduate of Miami University, Oxford, Ohio, class 1860; was admitted to practice in the courts of Ohio at Columbus, March term of the supreme court, 1862; was enrolled in the Pettis county bar at the February term of the circuit court, 1867; appointed attorney for the city of Sedalia in 1869 and served to 1870; was again appointed city attorney in 1874, and was appointed county attorney in 1868 and served in that capacity for five years.

G. C. HEARD .- Attended Lebanon Law School, Lebanon, Tennessee; admitted to the bar in 1871; elected attorney for the city of Sedalia in 1877 and served to 1878, and in 1880 elected county attorney for a term of two years.

W. H. CURRENT .- A graduate of Munice Academy, Delaware county, Indiana, of the class of 1862, and state institute, at Indianapolis, class of 1866; he was admitted to the bar of Pettis county in 1872.

GEORGE F. LONGAN .- A graduate of the State University at Columbia, finishing his course of study there in 1878; he studied law and was admitted to the bar of Pettis county in 1880; in 1881 he served the city of Sedalia as city attorney.

O. A. CRANDALL .-- Is one of the representative self-made men in the profession ; he received his education in the common schools of the coun- try; read law under Col. S. J. K. Handy, of Cincinnati, Ohio, for a time, and finished reading as he could purchase the books necessary; he was admitted to the bar on examination, by Judge J. A. S. Tutt, of the circuit court of Pettis county, in May, 1864; in 1870, was admitted to practice in the United States district court on examination by Judge Arnold Krekel, and shortly afterwards admitted to practice in the United States circuit court by Judge John F. Dillon.

ROBERT C. SNEED .- A native of Kentucky, is a graduate of West- minister College, at Fulton, Calloway county, Missouri, class of 1872; he read law with Senator George G. Vest, and was admitted to the bar in Pettis county in 1873, and is enjoying a growing practice.

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HISTORY OF PETTIS COUNTY.

VICTOR E. SHAW .- Is a native of Pettis county, Missouri; was educated at Willamette University, at Salem, Oregon. where he graduated in 1878 ; in the fall of that year he went to Ann Arbor Law School, Michigan, where he graduated in 1880, and was admitted to practice in the supreme court of the state in March, 1880; in May of the same year, he was enrolled as a member of the Pettis county bar.

G. W. BARNETT .- Is a native Kentuckian, who came to Missouri in 1856, and was educated at Kirksville Normal School; graduated with the class of 1870; studied law with Judge Andrew Allison, of Kirksville; was admitted to the bar at Kirksville on examination by Judge V. Wilson, in April, 1872; commenced practicing law, April 23, the same year, at Union- ville, Putnam county, Mo., and continued until January 1st, 1881; he was for six years prosecuting attorney of Putnam county; in 1881 he came to Sedalia and has since followed his profession here.

CLIFFORD L. JACKSON .- Was born November 25, 1857; was educated principally in the schools of Sedalia, and under private instruction; studied law with his brother, Geo. P. B. Jackson, and was admitted to the bar in September, 1880.

SUPREME COURT OF MISSOURI.

Times of convening, third Tuesdays in April and October. Justices: Thomas A. Sherwood, Warwick Hough, John E. Henry, Elijah H. Morton, Robert D. Ray. Court meets at Jefferson City.

Criminal court, Sixth judicial district, and Johnson county: John E. Ryland, judge. Terms of court, first Mondays in April and November.

Circuit court, Sixth judicial district: John P. Strottler, judge. Terms commence first Mondays in January, May and September. The follow- ing rules were adopted governing the court, and as far as practicable, are adhered to in the criminal court:

I. On first call of a case, if both parties announce ready, it will be tried; otherwise, at the request of either party, it will be passed. On second call either party may have the case put at the foot of that day's docket. On third call, every case must be either disposed of for the term, or, in the discretion of the court, put at the foot of the entire docket.

II. The roll of attorneys will be called each morning (unless for spec- ial reason dispensed with) during the first six days of term, for the filing of papers and making undisputed and proper entries. After the first day the "Motion and Demurrer Docket" will be called immediately after this roll-call, for the argument and disposition of motions and demurrers.

III. Attorneys must know that process has been properly served in time, and have amount ascertained, before asking judgment on undefended actions of bonds, bills, notes and accounts; otherwise the attorney's name

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HISTORY OF PETTIS COUNTY.

will be passed. Judgments in partition and decrees in ex parte equity cases must be ready for the clerk when judgment or decree is rendered.

IV. Except on the last two days of the term, or other case of emer- gency, motions or demurrers will not be heard without consent of both parties, on the day of filing; and any attorney filing a motion or demurrer shall enter the same in the "Motion and Demurrer Docket," giving the style and number of the case, the date of filing, and character of the paper filed, and the names of the attorneys on both sides; and such entry shall be deemed notice to the opposite party or attorneys. Motions to suppress depositions are included in this rule; and no objection to any deposition or part thereof, except to competency or relevancy, will be heard after the jury is sworn in the cause, or the trial entered upon before the court.

V. The clerk shall make out the docket in the following order, as near as may be:

Ist. Jury cases. 2nd. Uncontested law and equity with contested equity cases. 3d. Return cases not triable, noting on judge's docket whether properly served in time.

No more trial cases shall be docketed for any day than may reasonably be expected to be tried on such day.

To enable the clerk to comply with this rule, attorneys are urged to notify the clerk in advance to which class their cases belong.

VI. In all trial cases, the issues of law upon the pleadings must be dis- posed of, and issues of fact completed, before the case is finally called for trial; but a reply which is only a traverse of the answer, may then, in the sound discretion of the court, be filed, or otherwise, as may be just.

VII. All issues of fact, including the reply, must be completed at the answering term, unless, for cause, or by consent, further time be allowed. Sections. 3220 and 3533 of the Revised Statutes will be enforced unless both parties consent otherwise.

VIII. Issues on pleas in abatement, in attachment suits, are triable at the return term, unless continued for cause; also issues on garnishment on execution when process shall have been served fifteen days before term; and in other cases of garnishment the issues shall be made up at the re- turn term, where process has been served a like time before term, and may be tried at said term, unless continued for cause, or to await judgment in the principal case. But judgment will not be rendered at such term against any garnishee not served fifteen .days before term, except upon undisputed answer admitting money due or property belonging to de- fendant.

IX. Interpleas may be filed at or before the return term, and not after, except by leave of court on terms; but no interpleas shall be filed within four days of the time set for trial of the principal case, whether that be of issues on plea in abatement, on the merits, or of issues on garnishment on

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HISTORY OF PETTIS COUNTY.

execution ; and notice of interplea must be given plaintiff and defendant, or their attorney, at least four days before day set for such trial.

X. When an answer or reply shall be filed in vacation, pursuant to leave, and notice thereof given to the opposite party or his attorney, such party or attorney shall reply, demur to, or move to strike out, in response to the pleading so filed, at least ten days before the succeeding term, giving notice thereof. A failure to give notice contemplated in this rule, or to file papers as required by it, may subject the offending party to the costs of delay or continuance, or furnish ground for striking out such paper, as may be just.

XI. Each instruction intended for a jury must be written with ink, on a separate piece of paper, and numbered; and, as far as practicable, be- fore the evidence is closed. On the finding of a verdict or rendition of a judgment when finding is by the court, all instructions given, and such of those refused as the party may desire, shall be collected and filed by the clerk with the papers in the case. But no instruction not incorporated in a Bill of Exceptions shall remain on file after the expiration of the time for filing such bill; and in cases where no bill is filed no instructions shall be preserved by the clerk.

XII. All depositions received in a cause shall be opened and filed, and endorsed by the clerk with the date of their receipt, and attached to the papers in the cause, and a minute of the receipt and filing, and name of witness testifying, entered upon the record.

XIII. Members of the bar will stand when speaking to the court or jury.

Attorneys are forbidden to repeat the statements of any witness while examining a witness; and personal controversies between attorneys during a trial, and comments on testimony in the hearing of the jury, before argu- ment, are also forbidden. Willful violations of this rule will be punished as for contempt.

XIV. Agreements and stipulations of parties or attorneys must be in writing, or assented to in open court, or they will be disregarded.

XV. The sheriff is required to report to the clerk, on the second Monday before each term, all garnishments served fifteen days before such term, for entry upon the proper docket: and the sheriff shall return and deliver to the clerk, all writs and process, including executions, within two days after execution of same; and the clerk shall file such process, with the sheriff's return thereto, with the papers in the cause as required by law; and shall promptly enter all executions so returned in the Execu- tion Docket, with an abstract of the same and of the return of the sheriff; and this docket will be called as provided by law (section 1103) before the end of the term.

Adopted February, 1881.

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HISTORY OF PETTIS COUNTY.

UNITED STATES COURTS IN MISSOURI .- Circuit Court, Western Dis- trict .- Judges: Samuel F. Miller, John F. Dillon and Arnold Krekel. Meets on third Mondays in April and November, at Jefferson City.

District Court, Western District .- Judge, Arnold Krekel. Court meets on first Mondays in March and September, at Jefferson City, and third Mondays in May and October, in Kansas City.

CHAPTER VIII .- RELIGIOUS HISTORY.

"Religion is the chief concern Of mortals here below ; May we its great importance learn, Its sovereign virtue know.

The Baptists of Pettis County-Historical Sketches of the Presbyterian Church in Pettis County-The M E. Church South-The Christian Church or Church of Christ-The Cumberland Presbysterian Church.

THE BAPTISTS OF PETTIS COUNTY.

In the organization and government of their churches, the Baptists differ somewhat from all other religious denominations, and quite materially from most of them. Each church being a purely voluntary association organized upon what is believed to be a scriptural basis, for the mutual benefit of its membership, and for the prosecution of the work of evangelization, the government is congregational, all the members enjoy- ing equal rights and privileges, and no human authority is recognized as superior to that of the local church.

The officers recognized, as of divine appointment, are pastors and deacons. These, while expected to exercise the functions of their respective offices, are in common with. all the other members, subject to the authority of the church.

To secure united and harmonious action in mission work, and to promote the general interests of the cause, associations of the church are formed; but no legislative, or judicial powers are assumed by such organizations; and only as advisory bodies can they take cognizance of any of the officers of the individual church. Thus is each church a republic by itself, subject only to the supreme authority of Christ, its recognized Head and Lawgiver.

This independence of the churches, and absence of any centralized power might seem to be an impediment to concerted action, and aggres- sive work; but the history of the denomination shows it possessed of so much esprit de corps, that greater coherence and harmony is manifest than in other bodies with a more mechanical organization; and, perhaps, no religious denomination is so little affected by political, or social muta-

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tions, or so readily recovers from the effect of disturbing elements of what- ever nature.

The devotion of Baptists to the doctrines and practices of the denomi- nation, and the conviction that these doctrines and practices are sustained and required by the scriptures, not only secures "unity of spirit" among the membership, but stimulates and sustains that characteristic zeal for their propogation, which has always kept the denomination in the front rank of the pioneers in missionary enterprise.

True to their history elsewhere, the Baptists were among the first to enter the State of Missouri-then a part of the territory of Louisiana. In fact, excepting the Catholics, the first sermon preached west of the Missis- sippi river was preached by a Baptist, and the first church organized was a Baptist church.

From "Duncan's History of the Baptists of Missouri," we make the following extracts:

The first permanent Baptist church organization in Missouri was the Bethel, in 1806, in Cape Girardeau county, in 1807. The first association was called Bethel, formed in 1816, in southeast Missouri; the second was the Missouri, now called St. Louis, in 1817, and the third, the Mt Pleasant, in 1818.

John Clark, a Baptist in sentiment, was the first, other than Catholic, to preach west of the great river. He came over to St. Louis county in 1798. Thomas Johnson, a preacher of Georgia, came and preached in 1799; neither of them settled then. Thomas P. Musick was the first resi- dent Baptist minister in Missouri, in 1804.

These small beginnings here, in 1881 grew into 1,445 churches, 920 ministers, and 89,915 members, and give about $30,000 a year to the sup- port of missions. They, also, have eleven educational institutions in the state-one for young men, three for young ladies, and seven for both sexes.

The first Baptist church, and as far as could be ascertained by the writer, the first church of any denomination organized in Pettis county, was the Muddy Fork church, situated three or four miles northeast of Georgetown. It was organized by Elders Jacob Chim and William Jen- nings, and among the constituent members were: James Anderson, John O'Bannon, Solomon Reed, Thomas Wasson, and Adam Scott; the date of its constitution could not be ascertained definitely, but was certainly prior to the year 1834.

In the year 1837 or 1838 the Walnut Branch church was organized, about ten miles west of Sedalia, with twelve or fourteen members; its first pastor being Rev. Martelles Embree.

These churches belonged to what is known as the "Old School" or "Anti- Mission" Baptists, a division of the denomination that separated from the main body about about the years 1827 and 1828. In doctrine they are distinguished from the missionary Baptists by what the latter esteem ultra views of a limited atonement, and of unconditional election, and reproba-

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tion. In theory and practice, they are opposed to all missionary enterprises, to Sabbath schools, to an educated ministry, and to stipulated salaries. While they do not advocate intemperence they claim the same right to manufacture, sell and use ardent spirits that is accorded to any other enterprise; and so far as the use is concerned, they "show their faith by their works."

Only one church of this order, the Walnut Branch, now exists in the county. The principal preachers in the county have been: Jacob Chism, Wm. Jennings, - Wolfe, Martelles Embree, and James Teague.

The first Missionary Baptist church, established in the county, was the Providence church, situated about three miles south west of Clifton, or- ganized April 4, 1842, by Elders A. P. Williams, and J. G. Berkley; the second was Flat Creek, five miles south of Smithton, organized Septem- ber 23, 1846, by Elders J. G. Berkley, and Elias George; the next in or- der of date, was Bethlehem, seven miles south of Sedalia, June 7, 1851, by Elder G. W. Sands, and Deacon J. E. Crawford. Following this was South Fork, in Blackwater township, September, 1855, by Elder G. W. Sands. At intervals of varying length others have been established, until there are now in the county seventeen Missionary Baptist churches, with twelve resident ministers.

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The History of Pettis County, Missouri, History of Sedalia, Part 32

Author: Demuth, I. MacDonald Publication date: 1882 Publisher: [n.p.] Number of Pages: 1148

Author: Demuth, I. MacDonald
Publication date: 1882
Publisher: [n.p.]
Number of Pages: 1148