Cooper County, Missouri - Chapter 5, 1876

Chapter 5

Cooper County Organized. - Its Boundaries. - Present Counties Included in Cooper at the Time of Its Organization. - Seat of Justice Located at Boonville, and Courts to be Held There. The First Court in New County, and its Proceedings. - Proceedings of the Court at the July and November Terms, 1819, and March Term, 1820.

Cooper County was organized on the 17th day of December, 18185 comprising all that part of what had been Howard county, lying south of the Missouri river.

It was bounded on the north by the Missouri river, on the east and south by the Osage river, and on the west by what was then called the Territorial line.

At the time of Its organization, it included the Territory now embraced in the whole of the counties of Cooper, Saline, Lafayette, Jackson, Cass, Henry, Johnson, Pettis, Morgan, Moniteau and Cole ; and part of the counties of Bates, St. Clair, Benton, Camden and Miller ; eleven whole counties and part of five others.

The act under which Cooper county was organized, located the seat of justice at the town of Boonville. This place was designated as the place for holding court, by the act under which the county was organized, which was adopted by the Legislature, and approved during the year 1818, and entitled an *'act establishing a part of Howard county into a separate county, by the name of Cooper." The commissioners to locate the county seat, appointed by the Legislature, were Abel Owens, William Wear, Charles Canale, Luke Williams and Julius Emmons.

The first court in the newly organized county of Cooper, was held in the present limits of the City of Boonville, on the first day of March, 1819. It was held at the boarding house of Wm. Bartlett, which was situated on the flat just east of the mouth of Rupe's Branch, near the present site of the "Boonville Furniture Factory." This court, under the Territorial laws of Missouri, exercised the present duties of the County, Probate and Circuit Courts. The duties of these three courts continued to be exercised by this one court until the year 182 1, when the duties of the Probate and County Courts were separated from those of the Circuit Court, and a new court, called the "County Court," was organized.

As it was to be supposed that every one would be interested in reading of the actions of the first court, and to compare the mode of procedure with that of the courts of the present day, it has been thought advisable, as being of great interest to the general reader, to insert, at this place, the full proceedings of this first court held in Cooper county after it was organized.

The officers of this first court were, David Todd, Judge ; R, P. Clark, Clerk ; William McFarland, Sheriff', and John S. Brickey, Prosecuting Attorney.

The grand jury at this term of the court were, Samuel -Peters, foreman; Muke Rose, John Savage, James Chambers, Britton Williams, John Roberts, Carroll George, John Davis, James Savage, Clayton Hurt, Joseph Smith, William Gibson, Eh N. Henry, Frederick Houx, Thomas Twentyman, William Noland and Delany Bolin ; John Cathey, Zepheniah Bell, Henry Guyer, George Cathey, Daniel Dugan and James Campbell, were summoned on the same jury, but did not appear ; process was ordered to be issued, for them to show cause why they should not be fined for their non-appearance.

The commissions of David Todd, as Judge ; of William McFarland as Sheriff, and of John S. Brickey, as Prosecuting Attorney, were recorded by the Clerk.

The above named grand jury, after having been sworn, retired and returned into court, when, having nothing to present, they were discharged.

By order of the court, the whole of the county of Cooper was divided into the following five townships : Moreau, Lamine, including all of the present county of Cooper, Arrow Rock, Miami and Tebo.

The election, at which the foregoing men were to act as judges, was ordered to be held at the following places in each township : at the house of William Bartlett, in Lamine township; at the house of William Cooper, in Arrow Rock* township ; at the house of Andrew Rupels, in Miami township ; at the house of Paul Whitley, in Moreau township, and at the house of Mathew Coxes, in Tebo township.

The following constables were appointed : of Moreau township^ Paul Whitley ; of Lamine township, John Potter ; of Arrow Rock township, Jacob Ish ; of Miami township, Elisha Evans; and of Tebo township, Green Macafferty.

B. W. Levens, Ward and Parker, and George W. Kerr, were granted a license to keep a ferry across the Missouri river, at the present site of Overton.

For man and horse, fifty cents ; for either, twenty-five cents ; for horses and four wheeled wagon, two dollars ; for two horses and four wheeled carriage, one dollar ; for horned cattle, four cents each ; and for meat cattle, two cents each.

The first petition for a public road, was presented on this day, by B. W. Levens- It asked tor the location of a road leading from Boonville to the mouth of Moniteau Creek. The court appointed Richard Stanford, David Trotter, William George and Benjamin Clark, commissioners, to review the road, as asked for, and report to the court their opinion as to the location, &c., of the same.

Bird Lockhart and George Tompkins, who were ap pointed to examine as to the qualifications of candidates for the ofiice of county surveyor, having filed their report, the court recommended Wm. Ross to the governor, as a lit subject for said appointment.

The next petition for the location of a public road, was filed by Anderson Reavis on the same day. The road petitioned for, ran from the mouth of the Grand Moniteau to the Boonville and Potosi road. The commissioners appointed to review this road, were Francis Travis, Wm. Lewis and John Savage.

July Term, 1 8 19

Monday, July 5th, 1819. The first indictment by the grand jury in Cooper county, was presented on this day. Stanley G. Morgan being then indicted for assault and battery. It then being the law that every offense, however trivial, should be tried by indictment before the Circuit Court.

R. P. Clark, this day, produced his commission as clerk of the Circuit Court of Cooper county ; also Peyton R. Hayden was admitted to the bar, as an attorney and counsellor at law.

John Cathey, Henry Guyer, George Cathey and Zepheniah Bell, against whom process was issued at the March term, were each fined one dollar and costs, for contempt of court, for not appearing as grand jurors at the said term, after having been summoned as such.

The first civil suit on record, was an action for debt, brought by George Wilcox against R. P. Clark and Samuel S. Williams, which is entered among the proceedings of this day.

Tuesday, July 6th, 1819. - ^Jesse McFarland appeared before the court, and took the oath of office as county surveyor. William Bartlett was granted a license to keep a tavern near the mouth of Rupe's Branch, in Boonville.

The first account presented against Cooper county was allowed on this day. It was an account of William Bartlett, for six dollars for the rent of his house, it having been

November Term, 1819. - Andrew S. McGirk was enrolled as an attorney and counsellor at law. James Williams was granted a license to keep a ferry across the Osage river, on the road from Boonville to Potosi.

March Term, 1820. - The following men were indicted by the grand jury for swearing, viz : Jesse Mann, Isaac Renfro, William Warden, William Bryant, Thomas Brown, Stephen Tate, John S. Moreland and David Fine. These indictments were afterwards dismissed by the court for want of jurisdiction.

On the 6th day of March, 1820, Abiel Leonard produced his license, and was admitted to the bar ; also January 23d, 1821, Hamilton R. Gamble was admitted to the bar.

George Tompkins, John S. Brickey, Peyton R. Hayden, Cyrus Edwards, John S. Mitchell, Hamilton R. Gamble, Andrew McGirk, Robert McGavock, Abiel Leonard, John F. Ryland, Arinstedd A. Grundy, Dabney Carr, William J. Redd and John Payne. Among these we find the names of many who afterwards occupied offices of trust in the State of Missouri. Indeed, all of them are noted as being fine lawyers and honorable men.

The following is a copy of the record of the first verdict rendered by a jury in Cooper county. It is taken from the proceedings of the November term, 1819 :

This day comes as well the defendant, in discharge ot his recognizance, as the prosecuting attorney. Whereupon, the said defendant, being arraigned upon the indictment in this cause, plead not guilty, and, for his trial, put himself upon God and his country, and the circuit attorney also. Whereupon came a jury, viz: Wm. Burk, William Black, Gabriel Fitsworth, Michael Hornbeck, Nicholas Houx, William Reed, Alexander Dickson, David Reavis, Frederick Houx, David McGee and Samuel Peters, who, being elected, tried and sworn, the truth to say, as and upon the issue joined, upon their oaths do say, that the defendant is guilty of assault and battery, whereof he is indicted. Whereupon it is considered by the court, that the said defendant make by the payment of the sum of five dollars and pay the costs hereof, and may be taken, &c.

The total amount of county revenue, on the tax book for 1819, as charged to William Curtis, sheriff, at the July term of this court, was $488.34.

There is embraced in the foregoing, the full proceedings only of the court held on the first and second days of March, 1819 ; extracts only being made from the other terms of the court referred to, of those proceedings each day which were supposed would be of most interest to the general reader. The proceedings of the court held March ist, jSig, coyer only seventeen pages of 3 very sn^all recorcj book; for July term, forty-one pages, and for the November term, thirty-three pages. The proceedings of the Circuit Court, alo7ie, for the April term, 1876, covers eightyfour pages of the largest record made, which is equal to about 250 pages of record, such as was used for the first court. When it is taken into consideration, also, that the proceedings of the County and Probate Courts, now separate from the Circuit Court, were included in the record of the Circuit Court for 1819, it can easily be perceived what a vast increase has been made in this part of the business of the county.