Buchanan County, Missouri - Chapter 3: The Courts of Buchanan County. - First Session of the Circuit Court. - Judges from 1839 to, 1900

County Court And Its Organization From Who Have Served As Magistrates In Various

THE COURTS OF BUCHANAN COUNTY. - FIRST SESSION OF THE CIRCUIT COURT. - JUDGES FROM 1839 TO 1898. - THE COURT OF COMMON PLEAS. - THE COUNTY COURT AND ITS ORGANIZATION FROM 1839 TO 1898. - SUPREME COURT SESSIONS AT ST. JOSEPH. - JUSTICE COURTS AND A LIST OF THOSE WHO HAVE SERVED AS MAGISTRATES IN VARIOUS TOWNSHIPS FROM 1839 TO 1898.

As stated in the previous chapter, Buchanan County was attached to the Fifth judicial circuit, and it therefore became the distinguished duty of the Honorable Austin A. King of Ray County, the judge of the Fifth district aforesaid, to hold the first session of the circuit court.

On February 16, 1839, Judge King commissioned Edwin Toole of Blacksnake Hills as clerk of the circuit court, to hold said office until his successor should be elected at the general election in 1840.

On July 15, 1839, Judge King opened court at the house of Joseph Robidoux at Blacksnake Hills, through the proclamation of Samuel Gilmore, "high sheriff in and for said county."

Both civil and criminal cases were considered at this term, the first case docketed being Andrew S. Hughes vs. Ishmael Davis, a petition in debt. This case was dismissed at the plaintiff's cost. There was also an assault and battery case, and the grand jury returned indictments against twenty-three pioneers who had whiled away monotony and money in the national game of poker. Several merchants were indicted for doing business without license.

Little was accomplished, however, at the first term of court, most of the cases being continued to the November term, when the gamesters were fined five dollars each.

Two applications for citizenship were made during the .first session of the court. Gottfried Rentel, a native of Poland, and Rudolph Mill of Hesse-Darmstadt, Germany, renounced allegiance \o their respective princes and potentates and declared intention to support the constitution of the Lmited States.

During the November term much business was disposed of. Among other things, one William Williams was indicted by the grand jury for rape. He was remanded to the sheriff of Clay County for keeping, there being no jail in Buchanan County as yet, and, at the March term of 1840, was found guilty and sentenced to the penitentiary for five years. He was the first criminal taken to that institution from this county.

The first three terms of court were held at Robidoux's house, and the July and November terms of 1840 were held at the house of Richard Hill, near Sparta.

Governor Reynolds appointed Hon. David R. Atchison of Platte County as judge of this circuit, and Peter H. Burnett, also of Platte County, as circuit attorney.

On March 31, 1841, Judge Atchison convened his court at the house of Richard Hill, and the next term, in July, was held in the log court house at Sparta, which had just been completed.

In 1843, Henderson Young of Lafayette County succeeded Judge Atchison, who had been appointed United States Senator by Governor Reynolds to fill the unexpired term of Dr. Linn.

Judge Young resigned one year after Judge Atchison, and the governor appointed Solomon L. Leonard of Buchanan County, who served until 1852, and was succeeded by William B. Almond of Platte County. Judge Almond held the office only one year, when he resigned to go to California, where he had previously accumulated a considerable fortune, and Elijah H. Norton, also of Platte County, was appointed to fill the vacancy.

Judge Norton served until i860, when he was succeeded by Silas Woodson of Buchanan County, who, during the war, became a member of General Willard P. Hall's staff as colonel and inspector-general. There was little business in the circuit court in those stormy days. In 1864, Judge Woodson was a candidate for re-election and was defeated by William Herron of Andrew County, who served for the following four years.

Isaac C. Parker of St. Joseph served from 1868 to 1870, when he resigned to go to Congress. Judge Parker's term was completed by Bennett Pike. Joseph P. Grubb was elected to succeed Judge Pike, and served from 1872 to 1880, when he was in turn succeeded by William Sherman. Judge Sherman died after two years and Judge Grubb was appointed to fill the vacancy.

The Twelfth judicial circuit diminished in size as the territory became populated. During the war the circuit was composed of the Platte Purchase only. From 1872 to 1889 the circuit was composed of Buchanan and DeKalb Counties. By considering that ten years ago one circuit judge was able to meet the requirements of these two counties and that it now requires three circuit judges for Buchanan County alone, one gets some idea of the growth of this community in that period.

In 1885, it was deemed necessary to establish a criminal branch of the circuit court, and the legislature of that year provided for this. Governor Crittenden appointed Silas Woodson to the post and Judge Woodson served until June 11, 1895, when he resigned owing to ill health. Governor Stone appointed Romulus E. Culver to fill the vacancy and Judge Culver was elected to succeed himself at the general election of November, 1896, being the present incumbent (1898) of the office.

Oliver M. Spencer was elected circuit judge November, 1886. and served until May of 1890, when he resigned. Governor Francis appointed Archelaus M. Woodson to fill the vacancy. Judge Woodson was re-elected for a second time November 8, 1898.

The legislature of 1889 passed a bill establishing two civil branches of the Buchanan County circuit court, and Governor Francis appointed Henry M. Ramey judge of Division No. 2, Judge Woodson's court being Division No. 1. Judge Ramey was elected for a full term in November, 1890. He was succeeded in 1896 by Thomas H. Parrish, who died in October, 1897. Governor Stephens appointed Charles F. Strop to fill the vacancy until the general election, November, 1898. Judge Strop failed of nomination at the Democratic primaries in May of 1898, being defeated by W illiam K. James, who was elected November 8, 1898, to fill out the unexpired term of Judge Parrish, which ends in 1902.

COURT OF COMMON PLEAS. - A tribunal within the recollection of comparatively few of the younger people was the Buchanan County court of common pleas, which existed from 1853 to !^73- This court was created to relieve the circuit judge, whose territory was too large and who often did not reside in the county.

The court of common pleas had concurrent jurisdiction with the circuit court except as to criminal cases, and its records tell the history of a large volume of the litigation that was had here during the twenty years of its existence.

This court opened for its first term on Monday, September 12, 1853, with William C. Toole as judge, who served until September 15, 1855, when he was succeeded by Washington Jones. Judge Jones only served one year, resigning, and was succeeded by Joseph J. Wyatt September 18, 1856. Judge Wyatt served for ten years, being succeeded in October -of 1866 by E. J. Montague, who served until December of 1870. Judge Toole again came upon the bench at that time and served until December of 1873.

The court was abolished by the legislature and when Judge Toole adjourned without date the pending litigation was transferred to the circuit court, the Twelfth judicial circuit having meanwhile been contracted to Buchanan and DeKalb Counties. The clerk of the circuit court was also clerk of the common pleas court.

THE COUNTY COURT. - William Harrington, Samuel Johnson and William Curl were appointed by Governor Boggs as the first county court of 1839. In 1840, Stephen Jones, Richard Roberts and Upton Rohrer were judges. From that time to this the court has been organized as follows, the first named being the presiding judge: Stephen Jones, Richard Roberts, Thomas A. Brown, 1841-42; Richard Roberts, Thomas A. Brown, William Dunning, 1843-44; William Dunning, Robert Irwin, Robert Duncan, 1845-48; William Dunning, Robert Irwin, T. S. Talbot, 1849; T. S. Talbot, William Dunning, Robert Jesse, 1850-52; Aaron Lewis, Nelson Witt, Hiram Rogers, 1853-54; Aaron Lewis, Nelson Witt, Cornelius Roberts, 1854-55 ; William M. Carter, Nelson Witt, Cornelius Roberts, 3:855-56 ; Joseph H. Crane, Cornelius Roberts, John J. Pullins, 1856-57; John J. Pullins, James A. Anthony, Cornelius Roberts, 3857-59; James A. Anthony, John J. Pullins, William Dunning, 1860-61; P. B. Locke, Cornelius Roberts, Ransom Ridge, 1862-63; Cornelius Roberts, Ransom Ridge, Charles Schreiber, 1863-64; Cornelius Roberts, Charles Schreiber, William Ridenbaugh, 1865; Janies Pettigrew, Charles Schreiber, J. R. Bell, 1866; Philomen Bliss, Jacob Boyer, Charles Schreiber, 1867-68; William M. Albin, Charles Schreiber, Jacob Boyer, 1869-70; John Pinger, W. B. Gilmore, John Bretz, 1871-72; John Pinger, William B. Gilmore, Benjamin B. Frazer, 1872-73; John Bretz, Michael Fitzgerald, John Taylor,

During 1874-78, the county court consisted of five members. In that period the organization was: Michael Fitzgerald, John Taylor, Fred W. Smith, John L. Wade, John L. Sutherland, 1874-75 ;

From 1878 to the present time there have been but three judges and the organization of the court has been : Thos. A. Brown, P. Mc- Intyre, John H. Carey, 1878-80; Thomas A. Brown, P. McIntyre,

M. Dougherty, W. B. Smith, Harry Keene, 1888-90; Thomas A. Brown, James W. Mansfield, W. B. Smith, 1890-92; Thomas A. Brown. William M. Stanton, James A. Millan, 1892-94; Harry Keene, Edgar Sleppy, William M. Stanton, 1894-96; Harry Keene. Augustus Saltzman, Jason B. Landis, 1896-98; William M. Stanton, T. J. Hill and Augustus Saltzman, 1898 -

THE PROBATE COURT. - Prior to 1851, the county court was also the probate court. The first regular probate judge was Joseph J. Wyatt, who served 1851-59. Henry S. Tutt succeeded him and served 1859-65. For the next ten years the county court was again the probate court. In 1875, the probate court having been restored, the judgeship was held by Henry S. Tutt, who served until 1890, when he was succeeded by John M. Stewart, who held the office four years. From 1894 up to the present time James P. Thomas has filled the place.

THE SUPREME COURT. - Under the provisions of the Drake constitution a law was passed making the supreme court a migratory tribunal. The state was divided into districts, and St. Joseph was the seat of justice for northwest Missouri. From 1866 to 1876 two sessions of the supreme court were held here each year. Litt R. Lancaster, for many years a prominent attorney here, but who is now a resident of California, was clerk of the St. Joseph sessions.

JUSTICE COURTS. - The justice of the peace is a township magistrate, elected for four years. Since the organization of the county the laws concerning these officials have varied. At the present time the several townships are entitled to justices as follows: Washington, 3; Marion, 2; Tremont, 1 ; Centre, 2; Wayne, 2;

Lake, i; Rush, 2; Bloomington, 2; Jackson, 2; Crawford, 1; Agency, 2; Platte, 1. Below is a list of those who have held these positions in the various townships since the organization of the county. The list is doubtless incomplete, but it is the best that could be obtained, being taken from the records in the county clerk's office. The date shows when their commissions were issued by the county court. Doubtless many commissions that were issued are not recorded. The following, however, are of record :

TERMS AND COMPENSATION - Circuit judges are elected for six years and receive $3,000 per annum salary. Of this amount $2,000 is paid by the state and $1,000 by the county.

The presiding judge of the county court is elected for four years. Judges of the First and Second Districts are elected every two years. The First District is composed of the Sixth, Seventh and Eighth Wards of the City of St. Joseph and all of the county ; the Second District is composed of the First, Second, Third, Fourth and Fifth Wards of the city. The judges are entitled to $5 per diem for every day of session.