USA > Missouri > Boone County > The bench and bar of Boone County, Missouri; including the history of judges, lawyers, and courts, and an account of noted cases, slavery litigation, lawyers in war times, public addresses, political notes, etc > Part 25
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Former Slave Bought Husband. In 1850, John Copelin, of the Woodlandville neighborhood, liberated his slaves by will, and gave them some land. Shortly after his death, one of the slaves, Theodocia, gave a mortgage on her land to Andrew McQuitty to secure payment of the purchase price of Sam, a slave to whom Theodocia was married. The mortgage not being paid, it was necessary to foreclose by suit.
Apprenticeship. For several years after the Civil War, young negroes, whose parents were unable to support them, were "bound out", as it was commonly called, or "apprenticed", as termed by our statute, until such negroes arrived at twenty-one years of age. The county court had jurisdiction over such matters, as will appear from the following order of that court, dated July 2, 1867 :
"Thomas, a boy of color, comes into court, and by the consent and approbation of the court, binds himself apprentice to P. T. Chris- tian to learn the business of husbandry, until he arrives at the age of twenty-one years. Whereupon the parties entered into an indenture with covenants in duplicate according to law".
A similar order was made by the court on the same day, regard- ing "Elizabeth and Laura, girls of color", who were apprenticed to Matthew R. Arnold, to learn the business of "housewifery".
CHAPTER XI
DURING WAR TIMES
BLACK HAWK INDIAN WAR
The early citizens of Boone county being mostly from Ken- tucky, Virginia and Tennessee, and being sons and grandsons of old soldiers, were fond of military affairs and proud of their military achievements. The Missouri statutes of 1825 provided for the or- ganization of militia, muster days, the exemption of the militia from jury service, freedom from arrest, etc. Seven Boone county lawyers enlisted in the Black Hawk Indian War, viz., Washington Jenkins and E. P. Mills, privates, and General Jesse T. Wood, Major Jas. S. Rol- lins, Major Calvin L. Perry, Colonel Austin A. King and Captain Sinclair Kirtley received their military titles under General Richard Gentry. This war was in 1832, and, on account of the absence of so many lawyers from Boone county, Judge David Todd continued nearly all of the cases and adjourned that term of circuit court.
SEMINOLE INDIAN WAR
In 1837, the Seminole Indian War in Florida attracted the atten- tion of Boone county citizens, and the First Regiment of Missouri Volunteers was raised in Boone, Howard, Callaway and adjoining counties. When the time came for the soldiers to leave Columbia, Judge Thomas Reynolds adjourned court, and a mass meeting of citizens was held in the court house, at which Judge Reynolds was elected chairman. Then Boone county lawyers, Jno. B. Gordon, A. W. Turner, Jas. S. Rollins, Benjamin F. Robinson and Judge War- ren Woodson delivered speeches, eulogizing the Boone county boys. The meeting adjourned to the northeast corner of Broadway and Ninth streets, in front of Gentry's Tavern, where a silk flag was presented by the ladies of Columbia. Miss Lucy Ann Wales, principal of the Columbia Female Academy, made the presentation speech, and Col. Richard Gentry, of the Missouri Volunteers, responded.
MEXICAN WAR
In 1846, when the "Boone Guards" were ready to leave Colum- bia and engage in the Mexican war, Judge Jno. D. Leland excused three jurors from service, in order that they might fight for their country.
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He also adjourned court, and a silk flag, which had been made by the ladies of Columbia, was presented to this company. On this occasion, three Boone county lawyers made patriotic speeches ; Col. Samuel A. Young and Robert L. Todd in behalf of the ladies, and Lieutenant Robert B. Todd in behalf of the soldiers. Several members of the bench and bar of this county were Mexican war heroes, viz., Attorneys Odon Guitar, Jas. H. Moss, F. F. C. Triplett, Jno. R. Bedford, Samuel A. Young and Robert B. Todd, and Judge John Hinton, and Justices Tyre H. Martin, John Ellis, Tyre G. Harris and C. V. Bicknell.
Jno. R. Bedford, then actively engaged in law practice and a member of a prominent Boone county family, was killed by the Mexi- cans, but the circumstances connected with the killing were never known, and his body was never recovered.
KANSAS WAR
In 1856, the slavery question in its various forms, the Kansas- Nebraska bill, the repeal of the Missouri Compromise, etc., were dis- cussed in Boone county, and especially by Boone county lawyers. So strong was public sentiment in Boone county in favor of slavery that a company was raised to go to Kansas, and the county court was asked by a large number of our citizens to appropriate five thousand dollars to buy guns and ammunition and defray the expenses of the Boone county soldiers to Kansas. Col. Samuel A. Young and Capt. Lewis W. Robinson, both prominent Boone county lawyers, were elected officers of this company, and money to defray their expenses was raised by private subscription. These lawyers and their soldiers went to Kansas, took part in some battles and in some elections, but fortu- nately not much blood was shed during the fighting in Kansas. The soldiers returned to Boone county, ready for the great conflict, which soon followed.
CIVIL WAR
Lawyers in War. Not only did Boone county lawyers take part in other wars, but they seemed anxious to take part in the Civil War, and were noted for their deeds of valor. A number of them attained to high positions, while others fought faithfully in the ranks. Odon Guitar, Joseph B. Douglass, Andrew J. Harbinson, Francis T. Russell, Jas. H. Moss, Jno. F. Philips, Jas. S. Rollins, Carey H. Gordon, Lewis M. Switzler, Thomas B. Gentry, Samuel A. Riggs, Robert Henry and J. T. Redmond took sides with the Union ; while Middleton G. Single-
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ton, James J. Searcy, Hiram C. Pierce, Wm. C. Todd, Wm. H. Ken- non, J. DeW. Robinson, Wellington Gordon, Wm. J. Babb, Thos. S. Carter, Fred B. Young and A. W. Runkle joined the South.
Boone County War Meetings. The lawyers of this county were prominent in the "irrepressible conflict", and their positions were known to all. At the great Southern meeting held in the court house in April, 1861, Squire Turner, F. F. C. Triplett, Judge P. H. Mc- Bride, Judge Alexander Persinger, Lewis W. Robinson and Col. John Hinton were among the leaders. And a few days later, at a Union meeting held in the court house, Maj. Jas. S. Rollins, Col. Wm. F. Switzler, Gen. Odon Guitar, Judge David Gordon, Francis T. Rus- sell and Thomas B. Gentry were the moving spirits.
Lawyers Take Oath. As a result of the Civil War and the stren- uous efforts that were put forth to prevent and put down secession in Missouri, political issues and military orders found their way into the courts. On May 19, 1862, (circuit court record book "H", page 374), the following appears :
"Ordered by the court that, in pursuance of general orders from Major General H. W. Halleck, commanding the Department of the Mississippi, the following be adopted as a rule of this court. That all attorneys at law, as a condition to their practicing in this court, shall take the oath prescribed by the convention of this state, on the 16th day of October, 1861, in the words following, to-wit: 'I do solemnly swear, that I will support the Constitution of the United States and of the State of Missouri; that I will not take up arms against the government of the United States, nor the provisional government of this state; nor give aid and comfort to the enemies of either during the present Civil War'; and Messrs. Robert T. Prewitt, Boyle Gor- don, James R. Shields, F. F. C. Triplett, Squire Turner, A. J. Har- binson, F. T. Russell, Wellington Gordon, James M. Gordon, filed the oath aforesaid, taken and subscribed by them."
Justices Ousted from Office. The war spirit found its way into the county court by an order made December 18, 1861 (county court record book "O", page 116), which order was as follows :
"The offices of the following justices of the peace were declared vacated because they failed to take the oath prescribed at the state convention of 1861, viz., Wm. L. Connevey, of Centralia township, John Bowman, of Missouri township, John Ellis, of Cedar township, Lewis H. Pemberton and Joseph W. Hickam, of Columbia township, Lewis G. Berry, of Rocky Fork township, N. B. Burks, of Bourbon township and M. G. Corlew, of Perche township."
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The court also ousted Judge Jno. W. Hall, a member of the county court at that time, also Alexander Douglass, county treasurer. The Governor appointed Hiram Phillips, county judge, and Moss Prewitt, county treasurer. About the same time, Jno. M. Samuel, who had been elected sheriff, refused to take the oath, and Jas. H. Waugh was appointed in his place. In a short time, the county court re-appointed Joseph W. Hickam justice of the peace, and he quali- fied.
Trial of Bill Anderson's Man. In the early part of the Civil War, Judge Wm. A. Hall was trying one of "Bill" Anderson's men, charged with horse stealing, when it was learned that Anderson and his forces were coming to Columbia. Without the formality of a proclamation of adjournment, court stood adjourned, and Judge Hall joined the Columbia soldiers, the court house was barricaded, and everything made ready. But hearing of the warm reception he was likely to receive, Anderson decided not to visit Columbia, and Judge Hall, who was as bold as a lion, opened court the next day, and pro- ceeded with the trial.
Judge Carried Pistols. Judge Lewis M. Switzler says that Judge Burckhartt held court in Columbia several times during the Civil War, and that he sat on the bench with two pistols buckled around his waist. Although it was known that men were being killed, houses burned and property stolen, it was considered best not to indict nor even to investigate. Circuit court was adjourned for one whole year during this war.
Court House Protected. Judge Switzler says that during the Civil War, he and other lawyers dug a ditch around the court house, clerk's office building and Baptist church. This ditch was far enough away to prevent the bushwhackers from setting fire to the court house by first firing a load of hay and then pulling it close to the buildings. Judge Switzler says that the court house was barricaded and occupied by soldiers of the regular army or home guards during nearly all of this war.
Sword Presented to Guitar. As a token of appreciation and high regard for his services at the battles of Moore's Mill, Little Compton and Yellow Creek, the Union people of Columbia purchased a hand- some sword and presented it to General Odon Guitar in 1862. The presentation speech was made by a member of the bar, Robert L. Todd, then clerk of circuit court.
Flag Presented to Ninth Cavalry. During the same year, Maj. Jas. S. Rollins, in behalf of the Union ladies of Boone county, pre- sented a silk flag to the Ninth cavalry of M. S. M., and the flag was
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accepted by General Guitar. It is said that the speeches of Rollins and Guitar on that occasion were two of the most eloquent and stirring that were delivered during the civil strife.
Pistols Presented to Douglass. In 1864, the Union sympathizers of Columbia, through Judge Lewis M. Switzler, presented a pair of sil- ver mounted pistols to Gen. Joseph B. Douglass, also of the Columbia bar. General Douglass had been successful in a battle with Bill An- derson's men, and pursued them till they were compelled to leave Boone county. These presentations occurred in front of the old court house (now the old columns), the soldiers being drawn up in lines and standing in Eighth street.
Lawyers at Fourth of July Meeting. Although the Civil War was in progress, and our people were divided, many of them knew not how, yet July 4, 1864, was observed at Providence. Thomas B. Gentry, Lewis M. Switzler and A. J. Harbinson were the speakers. the Declaration of Independence was read, a crowd was in attend- ance, and "Old Glory" was everywhere in evidence.
Lawyers Petition for Relief. In 1865, Wellington Gordon, F. F. C. Triplett, Jno. M. Samuel, Squire Turner, Warren Woodson, John M. Gordon and Fred B. Young each filed a petition in the circuit court, stating that "he had held and entertained feelings of sympathy for the southern people during the Civil War, which is termed by some who pretend to be versed therein to be disloyal to the United States government. And having had friends and relatives in both the South- ern and Federal army, it was but natural that he should sympathize with the sufferings and misfortunes of the people and soldiery engaged on either side in the war of the government against the rebellion. But he avers that at no time during the progress of said war, if it had been in his power to adjust the difficulties between the contending parties, would he have consented to a dissolution of the states. That during the continuance of said Civil War and throughout the whole period of his life, he demeaned himself as a law abiding citizen." The peti- tioner then stated that, by reason of the state constitution of 1865 [the Drake constitution], he was denied privileges of citizenship. He then asked for "an order excusing and exempting him from taking so much of the oath prescribed by said instrument to be taken by lawyers, preachers, teachers and officeholders as is retroactive in its effect and operation." The order was made for each petitioner.
SPANISH-AMERICAN WAR.
Guardian for Soldier. In May, 1898, the whole country had been stirred up over the blowing up of the "Maine", and a number of Boone county men volunteered to fight the Spaniards. Many of the
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younger ones enlisted under Capt. Geo. H. English, then a law stu- dent in the State University. Milton C. Burk wanted to enlist, but he was under twenty-one, and both of his parents were dead, but Judge Lewis M. Switzler devised a way by which the young man could serve his country. The probate court of this county appointed Dr. G. S. Morse guardian for young Burk, Captain English signing the bond as security, and the guardian then gave his consent. Accordingly, Burk shouldered his gun and went with his companions to Cuba, and Judge Switzler contributed his fees to the good of the cause.
Capt. Gillespy's Company. A, company composed exclusively of Boone county men enlisted for the Spanish-American war, and Jas. C. Gillespy, a Boone county lawyer, was elected captain. After stirring talks and preparations for leaving home, the American victory in Cuba occurred on July 4th, the war ended and this company was noti- fied that its services were not needed.
The Stamp Tax. In order to raise money to pay the expenses of the Spanish-American war, Congress passed an act requiring all deeds, deeds of trust, promissory notes, bank checks and contracts to be stamped, and the stamps cancelled. J. DeW. Robinson had some money on deposit with the Boone County National Bank, and he de- sired to draw out a small sum. He was told by the bankers that he must put a two-cent stamp on his check, in order to comply with the law. Mr. Robinson declined to do this, saying that Congress could require a check, or any piece of commercial paper to be stamped, but that the constitution gave him the right to draw his own money out of a bank, without let or hindrance. So certain was he of his position, and so stubborn in his refusal, that the matter was taken before the attorney general of the United States, who gave it as his opinion that Mr. Robinson was correct. All banks, from that time on, kept blank receipts for customers to sign, and no one had to pay any tax for withdrawing his own money from a bank. Mr. Robinson, in this way, gained a national reputation as a constitutional lawyer.
GEO. S. STARRETT
CHAPTER XII
ADDRESSES
IMPRISONMENT FOR DEBT
Extract from address delivered before Old Settlers' Association of Boone county in 1908, by Judge Lewis M. Switzler.
"The system was inherited from England, where it originated during the reign of Henry III," said Judge Switzler. "The territory of Louisiana, which then embraced the present state of Missouri, adopted this system in 1804; and the Missouri legislature, in 1824, enacted a similar law, but provided for prison bounds. It imposed on county courts the duty of laying off such bounds, at county seats, which were not to exceed sixty rods square, of which the jails, then called gaols, should be the center; and providing for marking posts, and also providing that imprisoned debtors who had given the re- quired bonds should be allowed the freedom of the bounds so laid off. The imprisoned debtor, on giving bond with two securities, was then allowed to go outside of the prison, but he could not go beyond the prison bounds. If he violated the terms of the bond and went beyond the prison bounds, the creditor could sue on the bond and recover judgment against the debtor and his securities, and he, or they, or either one of them, could be arrested and imprisoned. In 1826, and again in 1837, the county court of Boone county established by an order of record, the prison bounds for this county, as follows: 'Com- mencing at a point forty-three feet inside of Broadway and Sixth streets, thence east to a point seventy feet east of the northeast cor- ner of ยท Broadway and Ninth streets, thence north to Park avenue, thence west on Park avenue to a point forty-three feet east of Park avenue and Sixth street, just north of the beginning, thence south to the beginning.'"
Judge Switzler further said: "Sometimes boundary lines neces- sarily ran through residences; and convicted debtors residing in such residences, and under bonds, though privileged to go into parts of their houses, could not visit other parts of the same without crossing the boundary. This was actually the case in Columbia with a convicted debtor named Crews, who resided in an old brick residence yet stand- ing on the northeast corner of Sixth and Walnut streets. He could go with impunity into the eastern part of his house, but dared not go into the western part of the same.
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"Neither sex nor condition shielded the debtor from the rigorous operation of the law of imprisonment for debt. If judgment for debt were rendered against him, there came on demand, first, the execu- tion, which if not satisfied by payment, was followed by the capias for the debtor's arrest and imprisonment. The law contained no provision for the relaxation of its severities under any circumstances. Neither the honesty nor honor of the debtor, nor the moral blameless- ness of his failure, availed to save him. Serious sickness of himself or his family, or even the death of some member of his family, or the suffering of his family for the necessaries of life, did not avail to privilege him to leave the prison, or to cross the dead line. While the convicted debtors who had given the necessary bonds had the freedom of the bounds in the day time, they were locked in the jail at night."
"In 1837, a suit originated in Boone county, and was an action against the sheriff on his bond, for five hundred dollars damages for allowing a debtor to escape. Judgment had been rendered against the debtor, he failed to pay it and a commitment was issued and delivered to the sheriff for his arrest. After taking possession of the debtor, the sheriff allowed him some liberty, and the debtor ran off; and the supreme court decided that the sheriff was liable on his bond for the amount of the judgment. See Warberton vs Woods et al., 6 Mo. 8.
"In 1845, the legislature passed an act, abolishing imprisonment for debt; and thus ended one of the oldest and to us it seems one of the most cruel of laws."
THE COURT HOUSE BEFORE THE WAR
Address delivered before the Boone County Bar Association, in the circuit court room, Saturday evening, June 19, 1909, at Lawyer's Farewell Meeting in Old Court House, by C. B. Sebastian.
At the time of the building of this court house, the county court was composed of Alexander Persinger, presiding judge, James W. Daly and Gilpin S. Tuttle associate judges.
On December 17, 1845, they made the following order: "This court, having determined to erect an entire new court house for this county, it is ordered that Dr. William Jewell be appointed com- missioner, to advertise for proposals, contract for, and let out the building of such court house, and superintend the erection of the same and to do and perform all other work and things, which now are or hereafter may be enjoined on him, as such superintendent by law. And for the purpose of defraying the expenses of erecting said
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JERRY H. MURRY
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ADDRESSES
building the sum of $10,000 is hereby appropriated out of any money now in the county treasury or which may hereafter come to and not otherwise be appropriated."
On January 1, 1846, the county court made a further order en- titled, "New Court House".
"Ordered by the court that the new court house for this county be erected on 8th cross street in the town of Columbia, east of the public square. And as far north of Walnut street as may be necessary to admit of a front yard. And it is further ordered that the super- intendent of said court house be authorized and required to negotiate with the owners of lots numbered 280 and 297 in said town, and that he be empowered to procure the same for the county by purchase or exchange for other grounds or otherwise. And in the event of the superintendent encountering impossible difficulties in erecting the building at the place here designated, that he then exercise his dis- cretion in selecting of another site on the public square."
"William Jewell, superintendent of the new court house pro- duces to the court a plan of the same, with the dimensions thereof, a description of the materials of which it is to be composed with an estimate of the probable costs thereof which are approved and adopted by the court. And thereupon it is ordered by the court that the sum of five thousand dollars be, and the same is hereby appropriated out of any money in the treasury, or that may hereafter come to, and not otherwise appropriated for said object fifteen thousand dollars."
On February 7, 1846, the court made the following order :
"Ordered by the court that the sum of one thousand five hundred dollars be appropriated out of any money in the county treasury for the erection of the new court house in addition to the appropria- tion heretofore made for that purpose."
On March 4, 1846, the following entry appears :
"William Jewell, superintendent of the new court house, sub- mits to the court the plans of the same and the specifications drawn out in detail together with the obligations of the contract for building the house, all of which is approved by the court."
On Monday, November 22, 1847, court met pursuant to adjourn- ment. Present, Alexander Persinger, John Van Horn, James W. Daly, Warren Woodson, clerk, Thomas C. Maupin, Sheriff. The following order appears at book "H", page 329.
"William Jewell, superintendent of the court house, comes into court and files his report in reference to the execution of and final completion of the building whereby it appears that the whole of the work contracted for excepting some small items have been accepted
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according to contract and received by him of the undertakers. The court thereupon prepared to ascertain the amount due by the county to the undertakers."
When the court house was thus completed and accepted by the county court, there was no clock in the cupola and none was provided until 1859, when the Honorable James L. Stephens raised by sub- scription, paying the larger part himself, an amount sufficient to pur- chase a clock and have it put in the cupola where it ever since and now remains.
The first term of the circuit court was held in the new court house, commencing March 20, 1848. Honorable William A. Hall, judge, Thomas C. Maupin, sheriff, and Robert L. Todd, clerk.
A grand jury was empaneled and sworn as follows, to-wit: Jo- seph B. Howard, foreman, Richard H. Gentry, Levi T. Smith, Clavin Asbury, Marshall Stevens, Willis Angell, William Boggs, Daniel Lunes, Thomas Harris, Enoch C. Orear, Richard Lanham, Lamuel Pace, Edmund Forbis, Harvey G. Berry, Austin Bradford, Daniel Mourning, Warner Phillips, who having received their charge retired to their room.
This term of court lasted twelve days and there were one hundred cases on the docket. Among them was a murder case, a number of important civil suits, and several indictments for playing "Jim Crow".
From this until the last term of court before the war, a large number of important civil and criminal cases were tried. And in their disposition were employed a large number of the ablest and most eloquent members of the Missouri bar.
The court house before the war was used for all purposes. In 1851, a project for building a plank road from Glasgow, via Columbia, to St. Louis was gotten up, and a number of meetings favorable to the enterprise were held in the court house. For lack of support in other counties the project failed, but Boone county was not willing to let the matter rest, and by meetings held in this building organized and built a plank road from Columbia to Providence.
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