The history of Johnson County, Missouri : including a reliable history of the townships, cities, and towns, together with a map of the county; a condensed history of Missouri; the state constitution; an abstract of the most important laws etc, Part 29

Author:
Publication date: 1881
Publisher: Kansas City, Mo. : Kansas City Historical Company
Number of Pages: 1056


USA > Missouri > Johnson County > The history of Johnson County, Missouri : including a reliable history of the townships, cities, and towns, together with a map of the county; a condensed history of Missouri; the state constitution; an abstract of the most important laws etc > Part 29


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1870-Sheriff, B. F. Griffith; treasurer, Geo. S. Grover; justices of the county court, G. Will Houts, Thomas Iiams, John Windsor; county clerk, G. W. Houts; recorder, Chas. Snow; assessor, W. C. Rowland; surveyor, George Gallaher; school superintendent, M. H. Smith, coroner, A. W. . Reese; judge of probate, G. Will Houts; county attorney, J. W. Brown; public administrator, Josiah Smith; state representative, W. F. Ralston; member of congress, S. S. Burdett; circuit judge, David McGaughey; circuit clerk, M. U. Foster.


1871-Sheriff, J. H. Smith; treasurer, G. S. Grover; justices of the county court, J. K. Farr, Thos. Iiams, John Windsor, died early in 1872; county clerk, Samuel P. Sparks; recorder, Chas. Snow; assessor, W. C. Rowland; surveyor, George Gallaher; school superintendent, G. H. Sack; coroner, A. W. Reese; judge of probate, J. K. Farr; county attorney, J. W. Brown; public administrator, Josiah Smith; circuit judge, D. McGaughey; circuit clerk, C. C. Morrow ; judge court common pleas; A. R. Conklin.


1872-Sheriff, O. D. Williams; treasurer, Joseph P. Henshaw; justices of the county court, till August 12, James K. Farr, Thomas Iiams, Geo. S. Walton; county Clerk, S. P. Sparks; recorder, Chas. Snow; assessor, W. C. Rowland; surveyor, Lott Coffman; school superintendent, W. T. De Witt; coroner, W. C. Robinson; judge probate, J. K. Farr; county attorney, A. M. Geer; member of congress, T. T. Crittenden; state sena- tor, Joshua Le Due, Henry county; state representative, William P. Greenlee; circuit judge, D. McGaughey; circuit clerk, C. C. Morrow; judge court common pleas, to June 21, A. R. Conklin.


1873-Sheriff, O. D. Williams; treasurer, J. P. Henshaw; justices or supervisors elected June 19, 1872, and served till May 1873, D. B. Reavis, B. E. Morrow, Wm. McClean, P. E. Gowdy, J. W. C. Huls, Ira B. Smith, J. B. Mayes, John Lay, W. B. Ames, Geo. Washington, Thos. A. Marshall, John Umstadt, Cyrus McDonald, J. M. Wall, W. H. Crum- baugh, T. J. Caldwell; five justices elected May 3, 1873, John B. Mayes, William McMahan, George Washington, D. B. Reavis, B. E. Morrow;


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county clerk, S. P. Sparks; circuit judge, Foster P. Wright, June 9, 1873; circuit clerk, C. C. Morrow.


1874-Sheriff, O. D. Williams; treasurer, J. P. Henshaw; justices of the county court, J. B. Mayes, Wm. McMahan, B. E. Morrow, D. B. Reavis, Geo. Washington; county clerk, R. B. Harwood; recorder, J. R. Kelly ; surveyor, Scott Coffman; coroner, G. R. Hunt; judge of probate, W. L. Horn- buckle; prosecuting attorney, A. W. Rogers; public administrator, Joseph Logsdon; member congress, Hon. John F. Phillips; state representative, R. T. Fryer; judge circuit court, Foster P. Wright; circuit clerk, H. S. Witherspoon.


1875-Sheriff, O. D. Williams; treasurer, Joseph P. Henshaw; justices of the county court, J. B. Mayes, Wm. McMahan, B. E. Morrow, D. B. Reavis, Geo. Washington; clerk, R. B. Harwood; recorder, J. R. Kelley; surveyor, L. Coffman; school commissioner, J. W. McGiven; coroner G. R. Hunt; judge of probate, W. L. Hornbuckle; prosecuting attorney, A. W. Rodgers; public administrator, J. Logsdon; circuit judge, F. P. Wright; circuit clerk, H. S. Witherspoon; judge criminal court, W. H. H. Hill, May 4; F. M. Cockrell elected U. S. senator for six years from March 4, 1875.


1876-Sheriff, Zachariah H. Emerson; treasurer, H. Y. Hughes; justi- ces of the county court, J. Umstadt, Wm. McMahan, J. B. Mayes, D. B. Reavis, Geo. Washington; county clerk, R. B. Harwood; recorder, J. R. Kelley; surveyor, J. N. Ferguson; coroner, G. R. Hunt; probate judge, W. L. Hornbuckle; prosecuting attorney, Wm. H. Brinker; public administrator, W. W. Wood; member congress, T. T. Crittenden ; state senator, A. M. Edwards, Lafayette county; state representatives, M. C. Draper and C. C. Tevis.


1877-Sheriff, Z. H. Emerson, treasurer, H. Y. Hughes; justices of the county court, J. Umstadt, Wm. McMahan, J. B. Mayes, Geo. Washing- ton, J. W. C. Hulse, appointed April 17; clerk, R. B. Harwood; recorder, J. R. Kelley; assessor, Benjamin E. Lemon, appointed; collector, Wm. P. Hunt, appointed by county court; school commissioner, A. Vanausdol; circuit judge, Noah M. Givan, October 8; criminal judge, W. H. H. Hill.


1878-Sheriff, Z. H. Emerson; treasurer, H. Y. Hughes; justices of the county court, Wm. McMahan, J. B. Mayes, J. Umstadt; clerk, R. B. Harwood; recorder, J. R. Kelley; assessor, W. R. Bowen; collector, W. P. Hunt; surveyor, J. N. Ferguson; coroner, W. V. Smith; judge of probate, W. L. Hornbuckle; prosecuting attorney, W. H. Brinker; pub- lic administrator, W. W. Wood; member congress, Alfred M. Lay; state senator, A. M. Edwards; state representatives, Finis C. Farr, and C. C. Tevis; circuit judge, N. M. Givan; criminal court, W. H. H. Hill; circuit. clerk, H. S. Witherspoon.


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1879-Sheriff, Z. H. Emerson; treasurer, H. Y. Hughes; justices of the county court, Wm. McMahan, John B. Mayes, Archibald G. Beard; clerk, R. B. Harwood; recorder, J. R. Kelley; assessor, W. R. Bowen; collector, W. P. Hunt; surveyor, J. N. Ferguson; school commissioner, J. W. McGiven; coroner, W. V. Smith; prosecuting attorney, W. H. Brinker.


1880-Sheriff, John A. Shaw; treasurer, James K. Tyler; justices of the county court, W. C. McClung, C. H. Bothwell, Wm. McMahan; clerk, R. B. Harwood; recorder, J. R. Kelley; assessor, W. R. Bowen; collector, S. P. Williams; surveyor, J. N. Ferguson; school commissioner, J. W. McGiven; coroner, J. W. Wright; prosecuting attorney, W. H. Brinker; public administrator, O. D. Hawkins; member congress, A. M. Lay; state senator, A. M. Edwards, Lafayette county; state representa- tives, John P. Harmon and W. J. Workman; criminal court, John E. Ryland, December 6; circuit clerk, H. S. Witherspoon. In January, 1880, Hon. John F. Philips was elected to congress to fill the unexpired term, caused by the death of Hon. A. M. Lay.


1881-Sheriff, J. A. Shaw; treasurer, J. K. Tyler; justices of the county court, Wm. McMahan, C. H. Bothwell, W. C. McClung, killed by light- ning in April, and J. B. Mayes, appointed to fill vacancy in June; clerk, R. B. Harwood; recorder, J. R. Kelley; assessor, W. R. Bowen; collector, S. P. Williams; surveyor, J. N. Ferguson; school commissioner, W. L. Berry; coroner, Dr. T. J. Wright; judge of probate, W. L. Hornbuckle; prosecuting attorney, W. H. Brinker; public administrator, O. D. Hawkins; member of congress, T. M. Rice; state senator, A. M. Edwards; state representatives, J. P. Harmon, W. J. Workman; circuit . judge, Noah M. Givan; circuit clerk, H. S. Witherspoon; criminal court, J. E. Ryland; governor of Missouri, T. T. Crittenden; re-elected U. S. senator for six years from March 4, 1881, F. M. Cockrell.


CHAPTER VII .- JUDGES AND SHERIFFS.


Judges : William McMahan, J. B. Mayes and Charles, H. Bothwell --- Sheriffs: Joseph Cockrell, Wm. Smith, Isham Reese, John Price, Benj. W. Grover, Philip S. Houx, G. Wilson Houts, Jonathan Graves, Charles E. Cunningham, A. M. Christian, Thos. W. Williams, B. F. Griffith, Jehu H. Smith, O. D. Williams, Z. H. Emerson, John A. Shaw.


JUDGE WILLIAM MCMAHAN, PRESIDING JUSTICE OF THE JOHNSON COUNTY COURT.


Of the notable farmers residing in Hazel Hill township, there is not one entitled to a more conspicuous place in the history of Johnson county, than Judge McMahan. He was born in Alabama, A. D., 1816, and removed


HISTORY OF JOHNSON COUNTY. 239


to Missouri with his parents, in the year 1828, and became a resident of Johnson county in 1830. Among the first, and by no means the least of the many services done his adopted county, worthy of being mentioned, was that he married Miss Rachel Stockton, the daughter of a notable pio- neer, hailing from Kentucky, and raised sons to defend the state against invasion by foreign foes, and daughters to grace the households of respected citizens.


Although Judge McMahan has done much to improve, embellish and beautify prairie domain; although he has labored benevolently to enlighten the ignorant and reform the immoral; although he has contributed liber- ally to the erection of school houses and building 'of churches, he is neither vain, arrogant nor selfish, never trumpets his praise nor gives publicity to his own good deeds. Indeed, were the compiler of this bio- graphical sketch, to look to him to furnish the material for it, it never would be procured, for his extreme modesty would cause him to suppress or withhold every item of importance.


The names of generals who fight battles, of statesmen who make laws, of judges who condemn criminals, and of executioners who hang malefac- tors, are emblazoned upon the pages of history, whilst the names of other men who have, in unobtrusive ways done more invaluable service for man- kind, are permitted to go unhonored and unsung. Adherence to such an unfair, unwise and unjust practice, finds no favor here, as the writer has been educated to believe that "An honest man is the noblest work of God," and therefore entitled to the first and highest consideration.


Half a hundred years ago, "Billy Mc.," the young, pure-hearted, hon- est-minded pioneer, settled in Johnson, near the border of what was then invidiously called the " Commanche Nation"-a neighborhood, noto- riously the most lawless, dishonest, indolent and vagabondish in the region. This den of confederated thieves, not unlike the hades described in Holy Writ, was a menace and terror to the surrounding settlers, and its reforma- tion or extinction became absolutely necessary. Providence seems to have provided the peaceful means of performing the work of eradicating, by sending hither a few incorruptible citizens, such as Billy Mc., Captain Brooks, Bark West, Captain Kelly, Dr. Rankin, Captain Henry and oth- ers; honest, upright men, who, by inculcating the cardinal virtues, and illuminating this dark spot with the light of Christianity, accomplished what the soldier's sword and the vigilanter's torch had hitherto been powerless in doing. The formation of temperance societies, organization of Sunday schools, and establishment of Christian churches, in which Billy Mc. participated, effectually eradicated the Honey creek hades, a philanthropic achievement worthy of commemoration.


The industrious farmer who extirpates the wild weed and bramble- 16


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bush, and by tillage, causes the grain to grow that feeds the hungry mul- titude, has always been regarded as a public benefactor. Whilst others have indulged in idleness as an enjoyment, Judge McMahan seems to have esteemed it a privilege to toil, and has ever been ambitious to have rank in the great army of producers. If he is not the foremost farmer in John- son county, he deserves none the less commendation for untiring efforts to become so. Of his valor there is no occasion to speak further than to declare he is not afraid of work. Be the weather hot or cold, wet or dry, he is constantly engaged in some useful or profitabe employment.


Judge McMahan has been for a decade, perhaps a score of years, the presiding justice of the county courts, and if the people are allowed to have their own way, will remain so until the end of the nineteenth century. Unquestionably there is not a citizen the county better qualified to adju- dicate the intricate issues required to be determined by that county equita- bly. The duties of no county official are more difficult to perform satis- factorily than that of county judge-none that exacts such enormous ser- vice for such contemptible compensation-none that are so liable to be abused and so seldom receive commendation. Indeed, reader, if you wanted to do a man an injury you could in no way accomplish your design more effectually than by making him county judge. The historian who declines to upbraid a people who have bestowed so little honor upon so worthy a man as Judge McMahan may, without offending, suggest that if they can offer him nothing better than a place on the bench of the county court, they would do themselves infinitely more credit by permit- ting him to enjoy, undisturbed, the happiness of his rural home. * * *


Some men become famous by waging war; Judge McMahan has done so by preserving peace. Some men maintain order by punishing mal- efactors; he has accomplished the same results by dissuading men from the commission of crime. Some men obtain wealth by hazardous adven- tures; he has acquired riches by industry and frugality. Some men seek happiness by going abroad; he finds it by staying at home. Really, a dozen such men would immortalize any community.


JUDGE J. B. MAYES, OF WASHINGTON TOWNSHIP.


This venerable and venerated citizen has been a resident of Johnson county forty-six years. He was a Kentuckian by birth, and may be cited as a typical representative of that grand old commonwealth. In any place, in any country, his commanding presence and polite demeanor would be admired; but when to these traits are added, his undeviating hon- / esty, unlimited generosity, and numberless intellectual excellencies, he becomes worthy of special mention, and really this history would be incom- plete were' his name omitted. Indeed, such an inconsiderate omission would aggravate the citizens of Montserrat, as well as offend the rest of


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the people in Washington township to such a degree that they never would allow the book to circulate in that section.


Judge Mayes served as a magistrate almost the entire period from the organization of the county, until he was commissioned county judge. His equable temperament, perfect perception and thorough knowledge about what is right and what is wrong, are such that he might be safely relied upon to administer justice without the aid of law books. Men of veracity assert that thirty years ago Johnson county justices of the peace did not strenuously adhere to the statutes of the state, but often made laws to suit the cases in their courts. Juries were no less accommodating, and have been known when there was insufficient evidence to convict a bad man who was on trial, to have adjudged him guilty, by reason of reputed antecedent crimes and sentenced him accordingly. Whether or not Judge Mayes did business in that loose manner has never been revealed, how- ever it is known that but few appeals from his decisions have ever been taken to appellate courts, and in those few, most verdicts were confirmed. If truthful contemporaries are to be believed, he has ever been innocent of peccadillos and a stranger to impecuniosities.


Although stupendous stone quarries, prodigious coal mines, and amazing agricultural resources have made Johnson county farmers, nothing has hitherto added more to her reputation, both at home and abroad, than the fact of her ability to furnish court judges like Mayes and others whose characters are spotless and whose motives are pure. Whilst the present incumbents continue to occupy the bench official malfeasance will not occur. Judicial ermine will not be smirched, unlawful and improper privileges and allowances will remain unpurchaseable, and dishonest trans- action's will not stain the county records.


Judge Mayes is a pronounced temperance man, and by a refusal to grant dram-shop licenses has incensed a certain class of his constituents. Moreover, he has emphatically declined to sanction or countenance repudi- ation, and has thereby estranged some political friends residing in town- ships that are overwhelmingly in debt. The writer touches his pen lightly here; does not venture to praise or blame a judge for his mode of dealing with these vexed questions, the solution of which ultimately reverts to the voting sovereign, and must be finally decided by ballots.


Hitherto Judge Mayes evidently has endeavored to conscienciously dis- charge his official duty, and kind reader, be you pleased or displeased- remember that, "To err is human to forgive divine."


JUDGE CHARLES H. BOTHWELL, OF ROSE HILL TOWNSHIP.


Having in this volume chronicled the merits of the elder county court judges-as the design of the compiler is to do justice to all-it becomes


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the historian's imperative duty to furnish a biographical sketch of the junior member of that court.


Judge Bothwell was born in Clay county, Illinois, July 6, A. D. 1842 His war record is highly creditable. During the deplorable internecine strife he soldiered three years. He belonged to the Ninety-eighth regi- ment, Illinois volunteers, and did his share of fighting, at Chattanooga and other places. Inasmuch as it is painful to the writer to recount the san- guinary deeds of war, and thereby revive the recollection of bloody con- flicts and carnage (without meaning disrespect to Bothwell), he declines furnishing a detailed account of his military career. However, it would be doing manifest injustice to the judge to withhold mention of an extra- ordinary military exploit-a memorable incident-a bloodless achievement -whereby, in one brief hour, Bothwell luckily secured historic renown It was this: He belonged to the famous detachment that captured Jeffer- son Davis, president of the so-called southern confederacy.


Politically, Judge Bothwell is a republican, and has for eighteen years voted for the nominees of that party, without a single deviation or depar- ture. He is popular, and posseses, in an eminent degree, what is termed personal magnetism; otherwise, he never could have been elected to the office he now holds, in a district that ordinarily gives democratic candi- dates a majority of seven hundred votes.


Judge Bothwell performs his official duty impartially, but in strict con- formity with law, and with consummate judgment. In the disbursement of county funds he exhibits unusual circumspection, is exceedingly exact- ing, and sanctions no improper or illegal allowances or payments. Be assured, that during his official term no amount of honeyfugling will enable bogus claimants to have access to the county treasury.


SHERIFFS.


Some explanation must be made in giving to the reader this article on the sheriffs of Johnson county. Some men are better known than others, though not always better men; and, again, some men have left in a com- munity, especial friends to preserve their name and character, while other men equally as good, have not been thus fortunate. In this article we have been favored with some contributions, and for this reason, more has been said of some sheriffs than others, while much difficulty has been experienced in obtaining definite information in regard to a few. The sheriffs of Johnson county, on the whole, have been men of ability and character. They have performed their duty faithfully and, in most cases, with satisfaction to all parties. When this can be said of such an officer, it speaks great praise, for the position of sheriff is a very difficult one in which to please the people. Each sheriff will be taken up in the order he has served his county.


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The counties in Missouri have been blessed with good officers, and par- ticularly does this apply to the sheriffs. Something in its grand old forests and beautiful prairies, its sparkling waters, stimulates its citizens to deeds of honor and honesty. These, in an early day, afforded every- thing that the sturdy pioneer required.


JOSEPH COCKRELL, the subject of this sketch was born in the state of Kentucky in the early part of this century, and came with his parents, to this state, at an early age, and soon engaged in farming and stock raising, in which business he continued until about 1834, when he became a can- didate for sheriff, and was elected the first sheriff of Johnson county, as a whig, which office he filled with great credit to himself. After his term of office expired, he was appointed deputed sheriff, by William Smith, his successor. He was a man of uncommon ability, and one of the few men who came to this county, and by his energy and intellect, gave Johnson county a reputation that soon brought others. He was considered a very excellent judge of land, and soon acquired several thousand acres of fine land. It was a notorious fact, that any person thinking of locating land in the county, would give more or go father for his opinion than for that of any other man in the county. He was one of those sterling, firm char- acters that abhorred anything dishonest; a kind friend, a cheerful, hospita- ble neighbor, beloved by all who knew him. He raised a family, who have done honor to their beloved father. F. M. Cockrell, son of Joseph Cockrell, the first sheriff of Johnson county, is one of the noted statesmen of the union. Joseph Cockrell died in 1837, as he had lived, an honest man, " the noblest work of God."


WILLIAM SMITH, the second sheriff of Johnson county, was born in Tennessee and came Missouri in 1832. Missouri was at that time nearly a wilderness, with neighbors several miles apart, on some stream of water. Everything was new. The few, who were here, were the solid, hard-fisted sons of toil, that make a country. They made their houses and homes from the timber which grew so luxuriently on the banks of the many streams; the deer and turkey furnished them their food; the forest their honey. It was truly a land flowing with milk and honey, with virtue and honesty stamped on the brow of everyone. Here then it was that the rich and poor met and wor- shiped the one and same God; here in the solitudes of the forest, the Christian bowed in meekness and asked the Giver of all good to bless him in his undertakings. Then it was when men lived for the good they could do others and not for themselves alone. William Smith was one of the respected pioneers, a sincere Christian, a member of the Methodist church. Few have lived as he, a Christian from principle and not from


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policy. He made an excellent officer, thorough in everything, which was clearly evinced by the fact of his having been twice elected.


W. H. Anderson served as his deputy most of the time, and says he was truly a man in its fullest sense. After his second term of office expired he retired to private life, and died at a very advanced age, amid the tears and lamentations of a host of friends.


ISHAM REESE was the third sheriff of Johnson county. He was born in Tennessee, and came to missouri in 1832. He was a man of limited education, but possessing a splendid mind and wonderful memory, he proved to be a very excellent business man. He was engaged in farming, stock raising and trading in early life. He was elected sheriff of John- son county in 1841, and served two terms with honor to his county and credit to himself. He died while the sun was still high in the western slope of life. He made many friends and few enemies, who all speak of him as a good and true man. In politics he was a democrat, but so dem- ocratic in his views as sometimes to be called a non-partisan. Few men have lived better lives than Isham Reese.


JUDGE JOHN J. PRICE. The subject of this sketch was born on the 21st day of February, 1807, at Lancaster, Girard county, Kentucky. His father's name was John, and he was born in the county of Culpepper, in the state of Virginia. Before he left his state to emigrate to Kentucky he married Miss Polly Anderson, of the same county. Judge Price's father went to Kentucky, and settled near Lancaster, in the year 1798. Judge Price was the sixth child of a family of eleven children, viz .: Wil- liam, Robert, Edward, Elizabeth, Charles, John, Thomas, Samuel, Mary, Sarah and Barthina. The father of this large family was a farmer, and John worked upon the farm during the spring and summer, and in winter attended the schools in the neighborhood until he became nineteen years of age; then he left home and sought his fortune in the south, staying there for several years. From there he went to Illinois, and with his brother operated the coal mines across the river from St. Louis for six years. While in Illinois in 1835, he married Miss Miranda Lemon, a daughter of an old and prominent citizen of St. Clair county. To , this couple were born three children, Edward, Huldah and Robert. In 1836 John J. Price moved from Illinois to Jefferson City, Missouri, and lived there three years, during which his wife died. On the 20th of October Judge Price moved to Johnson county; buying a farm he soon stocked it and went to farming. In a few years he married again, his wife being Miss Jane Marshall, the accomplished daughter of James Marshall, an old soldier in the Revolutionary war, and brother to Humphrey Marshall, a United States senator. To this union there were born five sons and three daughters, viz .; James S., Andrew Jackson, John Marshall, Win-


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field Scott and George Breckenridge Marshall, and Josie, Verenda and Almeda. Of the political career of Judge Price we can only judge from the statements of the old citizens; and we must say if their statements be true, that Judge Price was one of the most popular officers that Johnson county ever had. He was elected in 1840 county judge, 1842 a represen- tative to the state legislature, and from 1846 to 1848 he served as sheriff, during all of which time he discharged the duties of the various offices with satisfaction to the people and credit to himself. During the inter- vening time from 1848 till the war he was engaged in selling goods, farm- ing, and keeping hotel at Warrensburg. When war asserted itself in all of its horrors, Judge Price remained true to his adopted state. He deplored its results as irreparable, but cheerfully gave to the defenders of the southern cause all the material aid that was in his power. He now lives in quite easy circumstances in the city of Lexington.




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