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 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28
In 1872, the two-story clerk's office building was erected at the southwest corner of the public square, some twenty feet west of the court house. This building cost sixty-three hundred dollars; J. W. Kneisley was the contractor and Jno. M. Samuel was appointed special commissioner to superintend it. The circuit clerk, recorder and county clerk occupied rooms on the first floor, and the probate judge, prosecu- ting attorney, public administrator and surveyor occupied rooms on the second floor.
COURT HOUSE OF 1909
After three unsuccessful elections, the people of Boone county held a fourth election on September 30, 1905, and decided to build a new court house. It was erected on the public square in Columbia, some two hundred feet northwest of the old clerk's office building, which stood just west of the court house of 1847. The new court house was built by J. A. McCarter, contractor, under the direction of J. H. Felt & Co., architects, at a cost of one hundred and nine thousand dollars. The new court house was dedicated on the first day of the June term (Monday, June 21st) of the circuit court, 1909. Court was opened by Judge N. D. Thurmond, who presided ; James E. Boggs was clerk, Wilson Hall was sheriff, and G. B. Sapp, deputy sheriff. After the formal opening of court on that day, an adjournment was had till that afternoon, when Judge Lewis M. Switzler presided, and Rev. W. S. St. Clair acted as chaplain. A poem was then read by Miss Julia Turner, now Mrs. Dennis Craighead, daughter of Presiding Judge Charles C. Turner, of the county court ; and speeches were delivered by E. W. Stephens, Frank G. Harris, William Hirth, Judge Jno. S. Bedford, Judge Wm. F. Roberts and Dr. A. W. McAlester. Music on that occasion was furnished by the Sturgeon brass band.
84
THE BENCH AND BAR OF BOONE COUNTY
As the court house neared completion, the county court employed Fount Rothwell to act as superintendent, and then employed him to level and beautify the court house grounds.
One of the first social functions held in the court house of 1909 was given in December, 1909, by the "Possum Club," a new social organization, which has passed out of existence. R. B. Price was elected president of this club, and Hon. Frederick W. Lehmann, of St. Louis, Hon. Jas. A. Reed, of Kansas City, Hon. W. D. Vandiver, of Cape Girardeau, and Judge W. M. Williams, of Boonville, were among the orators at the 'possum party. Other visitors were from Mexico, Jefferson City, Fayette, Moberly and Kirksville; and all en- joyed the fat Boone county 'possums. A flash light picture of this company was taken, and the same may be seen in many law offices in Columbia. Members of the Boone county bar, who belonged to the 'Possum Club, were E. W. Hinton, W. H. Rothwell, H. A. Collier. Boyle G. Clark, J. P. McBaine, R. B. Price, Jr., Curtis B. Rollins, M. R. Conley, William Hirth, E. M. Watson and N. T. Gentry ; and Judges C. C. Turner, S. N. Woods and Jno. S. Bedford, of the county court. Chief Justice Lamm, of the Missouri Supreme court, was invited to be one of the speakers, but was unable to attend. The following is his letter of regret :
Jefferson City, Mo., Nov. 30th, 1909.
My Dear Mr. Gentry :
Your letter of the 27th was delayed because of coming here in a round-about way-via Sedalia. It is impossible for me to accept your attractive invitation to address the Columbia 'Possum Club at its first annual meeting on December 6, 1909. I take it the invitation meant that I was not only invited to speak but to eat. Now a new club is likely to be hatched under auspicious circumstances. Doubtless there will be a feast of reason and a flow of soul plus a feast of viands and other flows with a brilliant assemblage of orators and wits-and it is hard luck to not be able to attend. Maybe I never will get another invitation, because, however select your company, it stands to reason there may not be as many holes as there are pegs. However it be, the facts are as stated.
This court is too far behind in its work for as humble a member as I am to slip his collar and harness, jump the fence and canter about in fresh fields and pastures new.
The 'possum as an edible is prized by some epicures but he has more attractions to me than as a mere article of food. His mildness under affliction is a cardinal virtue. Smitten on one cheek he turns the other. Dead, he comes to life again. He is the only animal known to
JOHN SLACK First Justice of the Peace
85
COURTS OF BOONE COUNTY
me that ever had the honor of originating a policy for statesmen and I think you have done very well to commemorate him by making him a part of the style and name of your firm.
Long live the Possum Club of Columbia.
Sincerely yours, HENRY LAMM. .
The next important function held in the new court house was the celebration of Missouri Day, August 10, 1910, under the auspices of the Old Settlers' Association of Boone county. Thos. S. Carter, vice president of the association, presided on this occasion, and speeches were made by Chas. M. Hay, of Fulton, Judge Wm. F. Roberts, of Hallsville, and Walter Williams and Frank G. Harris, of Columbia. Patriotic music was furnished by Mrs. C. B. Sebastian, and Misses Frances L. Denny and Madge Mundy, all of Columbia. At twelve o'clock, the ladies of Columbia served a dinner, which fully sustained their reputation in that line and was appreciated by lawyers as well as laymen.
Much of the credit for the success of the last court house election was due to General Guitar, L. T. Searcy, then county clerk, Frank G. Harris, then prosecuting attorney and Fount Rothwell, then sheriff.
CHAPTER V
THE JUDGES
JUDGE DAVID TODD
Hon. David Todd was a native of Kentucky, but was living in Franklin, Howard county, when Governor McNair appointed him cir- cuit judge. He afterwards moved to Columbia, and later opened a law office in Columbia. He was a member of the Kentucky legislature before moving to Missouri.
Judge Todd was a very dignified man, and it is said had the ap- pearance of an ideal judge. It was his custom to take a nap every day after dinner, before returning to the court house. On one occasion, he had company and neglected taking his nap, but hurried to court. Immediately after dinner, one of the lawyers was making a long argu- ment to the jury, and Judge Todd went to sleep on the bench. In a moment he awoke, and, interrupting the lawyer in his argument, said, "Mr. Clerk, enter up a fine against David Todd, of ten dollars, for con- tempt of court. I will break up this habit of going to sleep, or I will break the court."
Judge Todd was a social man, and had many warm personal friends, and especially was he friendly towards a Scotchman named Campbell, who was a stonemason. Campbell often attended court as a visitor, and was specially interested in hearing the trial on one occa- sion, which was a suit over a horse. Unfortunately, Campbell got drunk during the noon recess, and, when he came back into the court room, he stumbled over himself and fell to the floor. When Judge Todd asked what was the matter, Campbell looked up and said, "Judge, I am a horse ; I am a horse, Judge." Judge Todd quickly re- plied, "Mr. Sheriff, take that horse out, lock him up in my stable and keep him there till I call for him." The Judge then called the sheriff to one side and told him if Campbell would stay out of the court room while he was drunk, all would be well.
On another occasion, Judge Todd tried a man for stealing a mule, and when the case was called, the defendant rose in the court room and answered ready for trial. Judge Todd asked who was his attorney, and to the surprise of every one the man said that he had no attorney and did not care to have one. Judge Todd told him that he should employ an attorney if he was able to do so; but if he was not able, then the court would appoint an attorney to represent him. As the defendant insisted that he was able to employ one, but did not want
(86)
87
THE JUDGES
one, Judge Todd reluctantly allowed the case to proceed to trial. The circumstances against the defendant were suspicious, but there seemed to be a reasonable doubt as to his guilt. After the state had closed, the defendant declined to introduce any evidence, but asked the priv- ilege of saying a few words to the jury. Of course, this request was granted, and he said, "Gentlemen of the jury, it is time all of us mule men should stand together," and took his seat. The jury retired, Judge Todd left the bench during the recess that followed, and when he had an opportunity to speak to the accused, he told him that he had made a great mistake in talking as he did to the jury. "There was a strong probability," said the Judge, "that you would be acquitted, but now that you have insulted every member of the jury, I fear that you will not be accorded the benefit of the reasonable doubt to which you are entitled." In a short time, however, the jury brought in a verdict of not guilty, and the defendant's last words to Judge Todd were, "You see, Judge, I knew the men on that jury better than you did."
During the latter part of his term, Judge Todd became financially embarrassed, and was sued on a note in his own court. He made no defense, but when he called the case, he directed the clerk to enter up judgment against David Todd, by default. Later the judgment was paid in full.
On the day that Judge Todd was married, he left home with the soldiers for the war of 1812; and in a short time was fighting in Indiana and in Canada. He was a captain in this war.
In 1840, Judge Todd was one of the delegates from Missouri to the National Whig Convention, and assisted in nominating Gen. Wil- liam Henry Harrison for President. Judge Todd served under General Harrison in the War of 1812, and was strong for "Old Tippecano". So prominent was Judge Todd in that convention, that he was appointed a member of the notification committee ; and a month or so later, went with the other members of that committee to General Harrison's home, and formally notified him of his nomination. On this occasion, a log cabin had been erected in honor of the fact that Harrison had been born in a log cabin, and all of the delegates and visitors were invited to take a drink of hard cider out of a gourd. It was at this meeting that the author of a campaign song, as well as the song itself, became famous. The first verse of the song was :
"What has caused this great commotion, Motion, motion, our country through ? 'Tis the band that's moving on For Tippecano and Tyler, too.
Yes, Tippecano and Tyler, too."
88
THE BENCH AND BAR OF BOONE COUNTY
The friendship between Harrison and Todd was so warm that Harrison wrote Todd, after the election, that if there was a vacancy on the supreme bench of the United States during his term, Todd would be appointed to that position. Unfortunately for Judge Todd, the President only lived a few weeks of his term ; and Vice President Tyler, who become President, left the whig party, turned democrat and ap- pointed a democrat to the supreme bench.
Hon. Thomas Shackelford, of Howard county, who was for many years one of the best posted men on Missouri history, said that Judge Todd first advocated the establishment of Boone county, and that he was the first man to suggest that it be named for Daniel Boon. Judge Todd and Col. Boon were personal friends in Kentucky as well as in Missouri, and Boon died in Missouri a few weeks before the organiza- tion of Boone county. The early deed records and court records spell the name of this county, "Boon".
JUDGE THOMAS REYNOLDS
Hon. Thomas Reynolds, of Howard county, served as judge of this circuit from 1837 until he resigned in 1840. Judge Reynolds was a Kentuckian by birth, moved in early youth to Illinois, where he served as representative, speaker of the house of representatives, attorney gen- eral and judge of the supreme court. After moving to Missouri, he was representative from Howard county, speaker of the house of rep- resentatives, judge of the circuit court and governor of Missouri. He died in Jefferson City, while governor.
Hon. Thomas Shackelford, of Glasgow, said that Gen. John B. Clark, also of Howard, once obtained a change of venue from the Boone Circuit court in a most unusual manner. General Clark was exceedingly anxious to get a change of venue for his client, who was indicted for murder, and Judge Reynolds seemed determined not to grant it to him. The defendant was a man of wealth, and this county did not, at that early day, have a large population. So General Clark employed two men, the one with a petition asking the Governor to pardon his client if he was ever convicted, and the other with a petition asking the court and jury to hang his client for the commission of that crime. Before the trial term of court was reached, nearly every man in Boone county had signed one or the other of these petitions. After spending two days trying to select a jury and after hearing from the venire summoned that they had all formed or expressed an opinion, and had taken sides in that case, Judge Reynolds was forced to grant the defendant a change of venue.
89
THE JUDGES
JUDGE JNO. D. LELAND
Hon. Jno. D. Leland was a native of Virginia but was living in Saline county at the time he was appointed circuit judge. He then moved to Howard county and served as judge of this circuit from March, 1840, till his sudden death in June, 1847, in the midst of the June term of the Boone circuit court.
One member of this bar was specially noted for not paying his debts, and Judge Leland knew that fact, to his sorrow. On one occa- sion that lawyer said something improper in court, and Judge Leland directed the clerk to enter up a fine of five dollars against him. The lawyer asked the court where he was to get the money to pay that fine, as he was penniless. Judge Leland replied that he had better borrow it from some friend. The lawyer said, "Well, your honor, you are as good a friend as I have, I apply to you to loan that sum to me." Judge Leland then said, "Mr. Clerk, you may remit the fine ; the state of Missouri is better able to lose that sum than I am."
At times, Judge Leland was a little sarcastic, especially toward certain members of the bar. During the trial of a case before him, one of those lawyers objected to the question of opposing counsel, as he said the same was not proper at this "stage of the game." Judge Leland said, "Game! Let me remind the attorneys that this is the court room, and not a town tavern, nor a lawyer's office."
While Judge Leland was on the bench, a question of practice arose and was discussed by two Boone county lawyers. One lawyer said he knew he was right, as that was the practice in the justice of the peace court. With a pronounced tone of sarcasm, Judge Leland said, "I do not know whether that is correct or not, as I am not familiar with the practice in that court."
JUDGE WM. A. HALL
Hon. Wm. A. Hall was born in Maine, moved to Virginia in early youth and lived there until he was twenty-five, when he moved to Randolph county, Missouri. He then moved to Fayette; opened a law office and edited a democratic newspaper. He was a presidential elector on the James K. Polk ticket in 1844. It is said that Judge Hall was a great walker, and often walked from Fayette to his mother's home in Randolph county, a distance of thirty miles. He moved back to Randolph county and was appointed circuit judge in 1847, the very day of his marriage. In 1861, Judge Hall and General Sterling Price were chosen to represent their senatorial district in the state convention, Judge Hall being opposed to secession. He was prominent in that con-
90
THE BENCH AND BAR OF BOONE COUNTY
vention, and made a reputation as an orator and a parlamentarian. Judge Hall resigned from the circuit bench when elected to congress, serving two terms. He then devoted himself to farming in his home county, and died there in 1888.
Judge Hall did not enjoy a long speech; and often cautioned the lawyers against making such deliverances, and frequently said that there was no need for them to repeat their argument over and over again. A certain lawyer still persisted in making his usual long pre- sentation of his client's cause. One day in December, he made an argument to the court, and he talked till late in the afternoon, when dark came on, and he still talked. One by one his spectators and brother lawyers left the room; and finally the lawyer asked the sheriff to get a lamp, which he did. When the lamp was lighted, it was dis- covered that Judge Hall, too, had left the court room; and that the lawyer had been speaking to an empty bench.
After Judge Hall was elected to Congress, he learned from Presi- dent Lincoln that he desired to appoint Hon. Willard P. Hall (a brother of the judge) to a position on the United States supreme bench; but that a certain republican senator objected. The president therefore suggested that Judge Hall had better see that senator, which he did. The senator frankly gave as his reason for opposing the ap- pointment the fact that he had been told that Judge Hall said that he would not trust him (the senator) any further than he could throw a bull by the tail. Judge Hall said, "I don't remember ever to have said that ; but, by -, sir, I have often thought it." As a result, the appointment was not made.
Hon. U. S. Hall, for many years an attorney and a member of con- gress from Randolph county, is a son of Judge Wm. A. Hall, and he too often practiced in Boone county. To the son we are indebted for the good likeness of Judge Hall.
JUDGE GEO. H. BURCKHARTT
Hon. Geo. H. Burckhartt was also a citizen of Randolph county, having been born there shortly after the removal of his parents to this state from Maryland. He was a farmer and school teacher, and was admitted to the bar and opened an office in Huntsville. He held the office of circuit judge from 1862 till his death, which occurred in 1890. The "Ousting Odinance" of the "Drake Convention" of 1865, having declared vacant all the circuit judgeships in the State, Judge Burck- hartt, who was a Union man during the war, was reappointed by Gov. T. C. Fletcher, republican, and re-elected by the people in 1868, 1872, 1876, 1880, 1884 and 1888.
91
THE JUDGES
During one of the campaigns, Judge Burckhartt was seeking re- election, and, as usual, he was shaking hands with the voters. He knew a great many people in the circuit, which then consisted of four counties, and he pretended to know all of them. In fact, it was dif- ficult to tell when he did not know a person. Captain F. F. C. Triplett arranged to have a young man meet Judge Burckhartt a short time before the election. Judge Burckhartt shook hands with him very cordially, and asked about his father. The young man pre- tended to be surprised and said, "Father is dead." The Judge said. "Why, yes; I knew that; I meant to ask how is your mother." The young man replied "Judge, mother died before father did." To which Judge Burckhartt said, "Well, well; how are you; I know you are alive." A little later in the day it was arranged for Judge Burckhartt to meet the same young man, and again the judge very cordially shook hands with him and asked about his father. The young man replied, "Judge, he is still dead."
N. T. Gentry, then a young lawyer, once complained to Judge Burckhartt that he had been appointed to defend paupers more times than other lawyers. But Judge Burckhartt replied, "That is all right, Gentry ; you get the experience and your clients get in the penitentiary ; and you both get what you are needing."
One day while Judge Burckhartt was holding court, a man who had never been in the court house was on the street with a load of wood. He was getting anxious to sell his load and go home, and was told by a friend that a man in the court house wanted some wood. Accordingly, the gentleman walked into the court house and up the steps into the circuit court room; there he was lost. He saw so many persons that he did not know just what to do; so of course he did the wrong thing. He saw Judge Burckhartt sitting on a platform a little higher than the rest, and he called out to him, "Say, are you the fellow what wants a load of wood?" Judge Burckhartt stopped proceedings, and inquired into the matter; and, when he learned that it was an innocent mistake, he joined with the others in laughter.
In 1881, Judge Burckhartt was called to St. Louis, to try one of the noted murder cases of Missouri, State vs Kring. He went and distinguished himself as a trial judge, and attracted the attention of the entire state. Judge Burckhartt was the first judge from a coun- try circuit to be called to St. Louis to hold court; and his eminent fairness and ability came near making him judge of the supreme court. On appeal, the supreme court held, for the first time, that it was proper to call in Judge Burckhartt to preside at a criminal trial (see State vs Kring, 74 Mo. 612).
92
THE BENCH AND BAR OF BOONE COUNTY
Major J. H. Finks, marshal of the supreme court of Missouri, but formerly circuit clerk of Howard county, tells the following about Judge Burckhartt, which occurred about 1880. Capt. John Eaton was an extensive farmer living East of Fayette near the Moniteau creek, and the owner of a large number of cattle. William Reeves was an old negro who lived near Captain Eaton, and the owner of two or three . cows and calves. Eaton's hired men told him that "Old Bill", as he was called, had one of the Eaton calves, and refused to give it up. After talking with Bill, and learning that he claimed the calf, Captain Eaton again talked with his employees about it. It seems that some of them did not like Bill, and "had it in for him", so to speak. The result was Captain Eaton brought a replevin suit for the calf, and the case was taken on appeal to the circuit court. After the jury was empanelled, Old Bill stood up and, addressing Judge Burckhartt, said "Mahse George, may I say something?" Judge Burckhartt consented ; and Bill said, "My little boy has been playing with my calf and riding it all summer. Now, if he can't go up to Mahse John Eaton's place, put a rope around that calf's neck and ride him home, then I don't want the critter." Captain Eaton readily consented ; and the judge, jury, lawyers and all went out to the Eaton farm, and saw the little negro catch the calf, without any trouble, tie a rope around the animal's neck and ride him down the road to the old negro's place. Judge Burckhartt laughed as I never saw him laugh before; and Captain Eaton, who was one of Howard's best citizens, dismissed the case and paid all expenses.
Judge Burckhartt was a gentleman of the old school, a very gallant man, and never failed to be polite to ladies. Whenever he saw a lady in court, he called the sheriff's attention to her and saw that she had a comfortable seat. This characteristic stayed with him as long as he lived. During his last illness, and a short time before he died, a young lady relative visited Judge Burckhartt's room to inquire about him. His eyes were closed when she entered the room, and she quietly walked in, when the judge opened his eyes. The lady apologized for waking him, and assured him that she did not want to disturb him. Calling her by name, Judge Burckhartt said, "I hope I will never live to be so old that I will not be awakened by the rustle of a young lady's petti- coat."
JUDGE JNO. A. HOCKADAY
Hon. Jno. A. Hockaday, a native of Callaway county, was attorney general of Missouri and state sentator from the A. B. C. District : he was an eminently fair and able judge. He never took a plea of guilty from even the humblest person without first appointing an attorney to investigate the case. After thirteen years of judicial service, Judge Hockaday died in office, and every lawyer in all four of the counties of
JUDGE JAS. A. HENDERSON
93
THE JUDGES
his circuit felt that he had sustained a personal loss. Judge Hockaday was so just and careful in his decisions that he had no opposition either for the nomination or at the general election.
While he was on the bench, a jury, after an hour's deliberation, returned into court this verdict: "We, the jury, agree to disagree." Judge Hockaday promptly said : "Well, gentlemen, if that is true, I am going to send all of you to jail. You have taken an oath to decide this case according to the law and the evidence ; and now if you have agreed to disagree, you have violated your oaths." The foreman, Lafayette Hume, suggested that he thought perhaps the jury could now agree. Judge Hockaday allowed the jury to again retire, and in a short time, a verdict was returned.
Although Judge Hockaday was a dignified man in court, there was considerable dry humor in his make up; and he enjoyed a practical joke. Mr. E. W. Stephens, a nephew of Judge Hockaday, is the au- thority for the following. Judge Hockaday and Mr. R. B. Price were brothers-in-law, and the judge visited Mr. Price at Mr. Price's home in Columbia, one evening near the close of the Civil war. Mr. Price was complaining about certain things that the Federal soldiers, some of whom were then encamped on the University campus, were doing. He said, "No one can approve of such things; and I tell you, sir, if one of those soldiers or officers should come to my place, I would not allow him to enter. My house is my castle." Judge Hockaday then walked out of Mr. Price's house and over to Mr. J. L. Stephens' residence, where he dressed up as a Federal soldier and then appeared on Mr. Price's front porch. Mr. Price looked out through the glass door, and when he saw a soldier dressed in blue, he quickly opened the door, saying, "Walk in, sir; walk in, sir ; have a seat."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.