Buchanan County, Missouri - Chapter 9: First Court House, 1881

Chapter 9: First Court House

FIRST COURT HOUSE - FURTHER EXTRACTS FROM COUNTY COURT RECORDS-EARLV PAPERS ON FILE - CIRCUIT COURT DOCKET-FIRST CASES -BILLS OF INDICTMENT CHANCERY COURT DOCKET.

Notwithstanding the fact, that a large number, probably a majority^ of the people in every county, have very little practical experience in the courts, and although they have the legal capacity to sue and be sued,- never improve their opportunities, and never appear in court,, unless it be on compulsion as witnesses or jurors ; yet, as the one great conservator of peace, and as the final abiter in case of individual or neighborhood disputes, the court is distinguished above and apart from' all and every other institution of the land, and not only the proceedings of the court, but the place of holding court, is a matter of interest to the average reader.

Their uses were general, rather than special, and so constaxitly were they in use, day and night when the court was in session, and when it was not in session, for judicial, educational, religious and social purposes, that the doors of the old court houses like the gates of gospell grace, stood open night and day, and the small amount invested in those old hewn-logs, and rough benches, returned a much better rate of interest on the investment, than do those stately piles of brick or granite > which have taken their places.

School was taught, the gospel preached and justice dispensed within its substantial walls. Then it served frequently as a resting place for weary travelers, and indeed its doors always swung on easy hinges.

On the fourth day of January, 1841, the County Court of Buchanan County (Stephen Jones being at the time President of said court) made an order relative to the building of a court house at Sparta.

accommodations of these places were meagre, and the expense to the county had been considerable. The following is the order of the court in reference thereto :

"Ordered by the court, that a building be erected on the lot No. i, block No. 17, in the town of Sparta, to be used as a court house and 'clerk's office, until other and more suitable public buildings can be provided, of the following description, to wit: to consist of two rooms, one 'eighteen feet by twenty ; the other eighteen feet by sixteen, with a partition wall between ; the wall to be fifteen feet high, nine feet between the first and second floors. The walls to be of logs, hewn to the thickness of six inches, and to face twelve inches ; two good substantial "floors, the joints and sleepers not to exceed two feet apart ; the floors to ibe of inch and a quarter oak or ash. Plank well seasoned and laid square joints. A good and substantial roof of eighteen-inch shingles, and sheet-, ing to be of good quality. Two twelve-light windows in each room below, glass ten by twelve, and a six-light window in each gable, and glass the same size ; a batten door in each of the lower rooms and a partition door of the same kind, all to be made of durable timber. The cracks tobe pointed with lime mortar; the building to be underpinned with rock,, eight inches above the level of the ground. The large room to be completed by the third Monday in March next, and the other by the third Monday in July next. The whole to be done in a good and workmanlike manner. And it is further ordered that John Sampson be appointed to superintend the erection of said building."

The contractor of this rude structure was Guilford Moultray, who obligated himself, in accordance with the order of the court, to finish the building in July following. The plan of the building was furnished by George W. Nixon and William Fowler, who received therefor the sum of ten dollars. It was a large house, the largest perhaps in the county, when it was built. In it were located the several county offices., and there met that august assemblage known as the Circuit Court, \where the vocal, and not unfrequently muscular, pioneer attorneys had' full scope for the employment of their varied powers, both physical and intellectual. The old Sparta bar was one of which the attorneys of Buchanan County may well be proud. They were, indeed, without a single exception, able men ; men who not only stood at the head of 4heir profession in after years, but many of them attained honorable -positions in the State and National Legislatures.

If the old settlers are to be believed, the old log court house at :^parta often rang on the pioneer Sabbath with a more stirring eloquence than enlivens the pulpits of the present time. Many of the earliest ministers have officiated within its walls, and if those old walls could speak, they would doubtless tell rriariy a strange tale of pioneer religion ]that is now lost forever.

To that old court house, ministers came of different faiths, but all eager to expound the simple truths of a sublime and beautiful religion, and point out for comparison the thorny path of duty and the primrose way of dalliance. Often have those old walls given back the echoes of those who sang the songs of Zion, and many an erring wanderer has. had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence.

With Monday morning the old building changed in character, and men went thither seeking not the mercy of God, but the justice of man. The scales were held with an even hand. Those who presided knew every ma,n in the county, and they dealt out substantial justice, and the broad principles of natural equity prevailed.

Children came here to school, and sat at the foot of teachers who knew little more than themselves ; but, however humble the teacher's acquirements he was hailed as a wise man and a benefactor, and his lessons were heeded with attention. The old people of the settlement went there to discuss their own affairs, and learn from visiting attorneys the news from the grgat world, so far away to the southward and eastward.

In addition to the orderly assemblies which formally gathered there, other meetings no less notable occurred' It was a sort of a forum whither all classes of people went for the purpose of loafing and gossiping, and telling and hearing some new thing.

As a general thing, the first court house, after having served the purpose of its erection, and having served that purpose well, was torn down and conveyed to the rear of some remote lot, and thereafter was made to serve the purpose of an obscure cow stable on some dark alley. The old court house at Sparta, however, after having accomplished its mission, was used for a much higher and nobler purpose, having been converted into a granary - a receptacle for that which ultimately sustains the physical wants of both man and beast.

There is little of the poetic and romantic in the make-up of Western society, and the old court house, after the removal of the county-seat, ceased to be regarded with reverence and awe. It was then looked upon as only the aggregation of so many oak or hickory logs, and the practical eye of the modern citizen could see nothing in it but the aforesaid logs, and in his estimate of its value nothing but calculation relative to the number of bushels of wheat or corn which these reconstructed logs would contain, were the only conditions bearing on those estimates.

In a new country, where every energy of the people is necessarily employed in the practical work of earning a living, and the always urgent and ever present question of bread and butter is up for solution, people cannot be expected to devote- much time to the poetic and ideal. It therefore follows that nothing was retained as a useless relic which could be turned to some utility; but it is a shame that the people of modern' times have such little reverence for the relics of former days. After these houses ceased to be available for business purposes they should have been preserved, to have at least witnessed the semi-centennial of the country's history. It is sad that in their hurry to grow rich, so few have care even for the work of their own hands. How many of the early settlers have preserved their first habitations ? The sight of that humble cabin would be a source of much consolation in old age, as it reminded the owner of the trials and triumphs of other times, and its presence would go far toward reconciling the coming generation with their lot when comparing its lowly appearance with the modern residence, whose extensive apartments are beginning to be too unpretentious for the enterprising sport of the irrepressible "Young Americans."

Wednesday Morning, July 3d, 1839. Court met pursuant to adjournment. Present as on yesterday. Samuel M. Gilmore, Collector, makes the following settlement with the court :

" The court orders that for the purpose of defraying the expenses of Buchanan County for the year 1839, the sum of one fourth of one per cent., upon the assessed value of all property made taxable by law for state purposes, shall be levied, and a tax on all licenses made taxable by law for state purposes, equal to the state tax on the same.

"Matthew M. Hughes, who was appointed by the Governor Surveyor, to ascertain, survey and establish the boundaries of the counties of Platte and Buchanan, agreeably to the provisions of an act entitled "An act to organize the counties of Platte and Buchanan, and to define the boundaries of the same, approved December 31st, 1838," comes now

"To the Hon. County Court of Buchanan County, State of Missouri : I received from his Excellency, Lilburn W. Boggs, Governor of the State of Missouri, a commission, authorizing me to define and establish the boundaries of Platte and Buchanan Counties, agreeable to an act of the Legislature of said state, approved December 31, 1838, by which said acts I am required to report to your honorable body the boundaries of your county as established by me. I commenced on the northwest corner of Platte County, in the centre of the main channel of the Missouri River, and ran up the same, with its various meanders, forty-two miles and fifty-two chains, which constitutes the western boundary of your county ; thence I run a due east course, marking each fore and aft tree with a blaze and two chops, and trees on each side in the way pointing to the line of fourteen miles and twenty-seven chains to a stake in the old State line, or the line of Clinton County, which constitutes your northern boundary ; then south twenty miles and fifty-two chains along said line to the northeast corner of Platte County, which constitutes your eastern boundary ; thence west along the line of Platte County twenty-seven miles and forty chains to the beginning,-which constitutes your southern boundary, containg four hundred square miles. I have also furnished you with a plot or map, representing Buchanan County. All of which is submitted and reported to your honorable body. Jan. 8, 1840.

The first license authorizing the sale of intoxicating drinks to a dram-shop keeper was issued by the County Court at its May term in 1841, the order for the same being as follows :

"Ordered by the Court, that Barr & Custer be licensed to keep a dram-shop in the town of Sparta, for six months, ending the seventh day of December, 1 841 ; and that they pay a tax therefor of fifteen dollars for - state purposes, and the same amount for county purposes."

Early Papers On File

Your petitioner, the undersigned, would present to your Honors, that he is by the act of an overruling Providence, rendered unable to make a living by his own exertions ; the rheumatism by long continuance, having distorted his limbs, and deprived him of their ordinary use.

He therefore prays your Honorable body, to take his 'case under consideration, and make such provision for him, in his afflictions as the circumstances of his case require.*

Henry X Fulks

"The Honorable the County Court of Buchanan County we the undersigned citizens of y^^c/^z'i' township beg leave to represent to your Honorable body the emprapriety of attaching said township to the township of Washington as we ar ?ieber able to hold an elections there/orre will eier pray.

I hereby certify that the within account was allowed at the July term of the Buchanan Court, and ordered to be certified to Buchanan County Court for payment, which is certified August 7th, 1840.

Edwin Toole

One among the most ancient orders of the County Court, and one that will be read with some degree of curiosity by the present inhabitants, is the following :

On this day, Stephen Groves, a free negro man, about thirty-one years of age ; about five feet seven inches high ; of a light black color ; a common laborer, applies to this court for a license to reside within this State, and having produced a certificate of citizenship from the State of Indiana, and having also produced satisfactory evidence of his good character and behavior, and entered into bond wnh security to the acceptance of the Court, as required by the statute in such cases made and provided, it is is ordered by the court here, that the said Stephen Groves be and he is hereby licensed to reside within the State, as long; as he shall be of good behavior, and no longer.

Circuit Court Docket State Of Missouri

Be it remembered, at a Circuit Court, begun and held at the house of Joseph Robidoux, at the Blacksnake Hills, in the county of Buchanan^ and within the Fifth Judicial Circuit, in the State of Missouri, it beingthe place designated for holding court in said county, on Monday, the 15th day of July, 1839, it being the third Monday in said month, before the Hon. Austin A. King, Judge of said Circuit, commissioned and assigned to hold the said court in said county. Samuel M. Gilmore, high sheriff in and for said county, returned into open court, a State writ of venire facias, issued from the court, and to him directed, for a grand jury, executed on Reuben R. Reynolds, John Henry, William Bledsoe, Elijah Martin, Abil Evans, George S. Nelson, Ezekiel W. Smith, Job McNamara, Daniel Ferrell, Hugh Copeland, Hiram Rodgers, Jesse R. Barnett, Ezra Rose, Lloyd Beall, Hugh Glenn, John Martin, and James Curl - all of whom appeared being good and lawful men of said county.

Reuben R. Reynolds was then appointed foreman, who, together with his fellow jurors, was duly sworn, as a grand inquest for the State of Missouri, and for the body of the county of Buchanan, and after receiving their charge from the court, retired to consider of their pres'entations.

First Cases

And now at this day comes the said plaintiff, and moves the court for leave to dismiss this cause. It is therefore ordered that the same be and is hereby dismissed, and also that the said defendant recover his cost by him in this behalf expended, and that he have execution therefor.

The defendant files his motion to dismiss this case, and the motion is overruled. Therefore it is ordered that this cause be continued until next term of court.

And now at this day comes the plaintiff, and moves the court for leave to dismiss his cause. It is therefore ordered that the same be and is hereby dismissed, and also that the said defeadants recover their costs by them, in this behalf expended, and that they have execution therefor.

Bills Of Indictment

Grand jury returned into court the following bills of indictment all endorsed "true bills" and signed by Reuben R. Reynolds their foreman, to wit : The State of Missouri vs. Theophilus Magruder, for betting at a game of chance by means of a pack of cards ; same vs. James Herring for same offense ; same vs. Peter P. Fulkerson ; same' vs. Washington W. Gitt; same vs. Samuel Moss; same vs. William Yates ; same vs. Elijah Bunton ; same vs. Thomas Simpson ; same vs. James Duncan ; same vs. Emsley Rose ; same vs. Elijah Smith, Jr. ; same vs. James Wood ; same vs. James Peebly; same vs. Elisha Gladden ; same vs. Sampson L. Stansberry ; same vs. Sabert SoUars ; same vs. Samuel Hall ; saipe vs. William Harvey; same vs. John H. Whitehead; same vs. Jesse Roberts; same vs. Elijah Gladden ; same vs. Andrew Smith ; same vs. Reuben Gage ; all for betting. Same vs. George Tracy .and Henry Spates, for selling as grocers without license ; same vs. George Tracy and Henry Spates, for keeping gaming house ; same vs. John Snyder, for keeping gambling device ; same vs. Francis Robidoux, for selling goods without a license ; same vs. Sampson L. Stanberry, for keeping gaming house; and there being no other business for the grand jury they are discharged. And it is ordered that said grand jurors be allowed the sum of one dollar per diem allowance, for attendance, and also five cents per mile for necessary travel to and from court, and that their said accounts be certified to the County Court of Buchanan County.

The State of Missouri, Buchanan County to wit : At a Circuit Court begun and held, at this court house, in and for the county aforesaid, on the first Monday in July 1841, before the honorable David R. Atchison^ Judge of the 12th Judicial Circuit, in the State of Missouri. Among others, were the following proceedings to wit :

This day appeared, the said complainant by her solicitor, and the said defendant, though solemnly called, came not, but makes default, and it appearing to the court, that said complainant, is a person of good conduct, and that she is the innocent and injured person, as a party to this suit", and it further appearing to the court, that said defendant has offered such indignities to the person of said complainant, as renders her condition as his wife intolerable, and that she has suffered from him such cruel treatment as to endanger her life, it is therefore ordered, adjudged, and decreed by the court now here, that said Delila Vaughn be divorced from the bonds of matrimony heretofore contracted, with her said husband, James Vaughn, unless the said defendant shall appear at the next term of this court, and show cause, why this decree should not be made final.