Dunklin County, Missouri - Chapter 9: Courts, Officials, Etc, 1896

Chapter 9: Courts, Officials, Etc

The first Circuit Court met in 1846. The place of its sitting was under a large oak tree and a small hut made of round poles. It stood near one corner of the court square and was about 10x12 feet. This small hut was scarcely high enough for the honorable judge, lawyers and jurors to stand in, and was floored and lined with a coarse cotton domestic by these same dignitaries after they assembled.

A. D. Bridges and Holtzhouser were two of the jurors who helped to hiy the ** puncheon floor." Maj. H. H. Bedford was one of the lawyers in attendance and assisted to line the wall to protect the lawyers' papers from the wind which whistled through the openings between the poles or logs. Puncheons or slabs with peg legs were the only seats except a few chairs borrowed from one of the citizens.

Among the lawyers who attended these first courts, besides Samuel A. Hill, the district attorney, were Col. Soloman G. Kitchens (deceased) and Maj. H. H. Bedford of Bloomfield. It may be stated incidentally that Maj. Bedford has never failed to attend but one regular term of Circuit Court, and but two call terms since the organization of the county, sitting in our courts, from the first one that met in the little pole house down to the last session in 1895, which sat in a $15,000 brick courthouse.

The first courthouse built in the county was erected on the public square in 1847. It was forty feet square, one and a half stories high, and composed of hewn gum logs from twelve to eighteen inches broad.

One large door in the center of the south side had a window on each side of it. The seats were two rows of long benches arranged so that the aisle ran through the center of the room to the judge's stand on the north side ; back of the stand was another window. The lower room was the court room, which was also used for church and other public meetings. The stairway leading to the jurors' and officials' rooms on the second floor was on the outside. The windows, both upstairs and down, were of the 8x10 inch, twelve pane size ; these and the '* upstairs " gave the courthouse what was considered in those pioneer days quite a grand appearance - and it was a good building for so new a country, for it must be remembered that there was not a saw mill within a radius of a hun-

All the lumber used for flooring and finishing was sawed by hand with a rip saw. Hiram Langdon, father of Judi^e E. J. Lansfdon, was the contractor and chief workman on this first courthouse. It was destroyed by fire during the war.

A large frame building was commenced in 1870, and completed in 1872. It had been occupied but a short time when it was also burned to the ground on April 9, 1872. From that time until 1892, the county had no courthouse, but held its courts in an old frame building on what is known as the Tatum block. In 1892, the present courthouse was erected. A log jail was built at about the same time as the first courthouse. It was a square structure with a stairway on the outside, leading up to the door in the gable end. On entering you stood on a log floor, in the center of which was a trap-door ; from here ran another stairway to the floor of the prison room below ; small square holes in the wall, made safe by iron bars, aftbrded light and ventilation.

This building was subsequently replaced by a second of the same character, and in 1882 the present jail, with Pauly Bros, cells, was erected.

The amount of crime committed in this county has not been greater than that of other counties of Southeast Missouri, and yet there have been some crimes committed here the remembrance of which causes deep regret to every good citizen. The failure in the administration of justice by the court in a

In September, 1874, George Koons was taken from the jail and hung for the murder of Barton Reynolds. Koons was a worthless character and had killed Reynolds while lying in a drunken stupor in front of Shelton's store in Kennett. About six months later a stranger was hung on the charge of horse-stealing, and on September 10, 1886, Bowman Paxton was taken from the sheriff, while on his way with him from Kennett to Maiden, about three miles south of the former place, and hanged to a tree by the road side. For a trivial offense he had shot and killed John Mc- Gilvery, a blacksmith of Maiden.

Several other murders have occurred in the county, and the perpetrators of some of them have gone without punishment. These facts have caused us to receive considerable censure, and not altogether unjustly.

But it is a fact that is well known that our officials and citizens have for a number of years done all in their power to enforce the laws and punish criminals, and it is safe to say that no county in Southeast Missouri has, for the past decade, had less crime committed or had better enforced laws than has Dunklin. As the records of this county were entirely destroyed by fire in 1872, it has been impossible to ascertain much concerning the actions of the courts prior to that date.

the most notable cases in the history of the county. A history of the case cannot be given here, but it may be stated that it started from the fact that *< on the 18th day of December, 1855, the District County Court of -Dunklin County made an order of record appointing and directing George W. Mott as commissioner of Dunklin County to subscribe for the said county to $100,000 of the stock of the Cairo & Fulton B-ailroad Company of Missouri, to be paid for by conveyance of 100,000 acres of low swamps or overflowed lands within the limits of the aforesaid county." The county in the case against Charles P. Chouteau - he having bought the claims of the Cairo & Fulton Kailroad Company - claimed that no petition of a majority of the legal voters of Dunklin County had been presented to the District Court as the law required in such cases, and that the order was therefore, ** without warrant or authority in law, and was null and void."

The lands were for years a matter of controversy, being claimed by both Charles P. Chouteau and the county. The county from time to time sold portions of this land to citizens of the county, making warranty deeds for same.

An agreement was finally made as follows : ** Whereas, there being a large portion of the lands of this county claimed by Charles P. Chouteau, esquire, of the city of St. Louis, and the same lands are claimed by Dunklin County, and the county having made patents to some of the lands, and it appearing to the court, that it would be to the best interest of the county to compromise the dispute as to the ownership of said lands ; it is therefore agreed by the court that if said Charles P. Chouteau will make a quit-claim, deed to parties who have purchased or hold under persons who have purchased any of said lands known as the Cairo and Fulton Railroad lands, and hold patents therefor, the court will have executed in due form of law a conveyance of all of said lands not heretofore sold, and release from any lien for taxes which may have accrued on said land up to the present time."

A deed to this effect was made and signed by Charles P. Chouteau and E. J. Langdon, Presiding Justice of the County Court of Dunklin County, on Jan. 1, 1884. This land was afterwards brought into dispute again, and suit brought by the county against Mr. Chouteau to gain possession of these lands and to have set asix3e *' and to have decreed to be null and void, certain patents, commissioners' deeds and orders of compromise," made and ordered to be made by the County Court concerning these lands.

The action was begun in the Circuit Court of Dunklin County, Missouri, and was sent by change of venue to the Circuit Court of Madison County, where it was tried, the court giving evidence to the effect that the actions of the court of 1884, commissioners' deeds, etc., were good, and relinquished the county's right to such land as was claimed by Charles P. Chouteau except such as had been sold by the county and quit-claimed by said Charles P. Chouteau.

The list of officials following - back of 1882 - has been gathered with much difficulty from old citizens and more especially from Judge T. E. Baldwin and W. G. Bragg, of Kennett, and also from Maj. H. H. Bedford, of Bloomfield, and is as correct and complete a record as it seems possible to obtain now.

Circuit Judges

John D. Cook of Jackson, was presiding judge of the Tenth Judicial Circuit when Dunklin County was organized in 1845. He retired from the bench in 1849. The next judge was Harrison Hough of Mississippi County, who presided until the Fifteenth Judicial Circuit was organized.

The first judge of the Fifteenth Circuit was Albert Jackson of Jackson, who was made judge in 1854. He filled the office until the suspension of the courts in 1862. John W. Emerson of Iron County was appointed judge in 1863, but resigned in 1864, and James H. Vail, also of Iron County, was appointed as his successor. Judge Vail was a Republican and was not popular and there was considerable trouble about his holding the office.

Upon the formation of the Twenty-third Circuit, Ira E. Leonard was appointed to hold the courts until the next regular election, when Reuben P. Owen of Stoddard County was elected. He was a very

In 1886, John G. Wear of Poplar Bluff was chosen to succeed Judge Owens. He has been re-elected at each succeeding election and is now the presiding judge.

County Officials

In the year 1882 the offices were divided, making a separate office of county clerk, but still leaving the offices of circuit clerk and recorder combined. Circuit clerk and recorder, W. G. Bragg, Jr., 1882-86; and

County Clerks

The first man elected to the office of county clerk after the offices were divided was C. R. Mills in 1882. On the death of Mr. Mills, not long after his election to office, D. B. Pankey was appointed to fill the unexpired term, and elected in 1886. Virgil McKay, 1890-1894.

Sheriff And Collector

The offices of sheriff and collector were held jointly until 1886, when they were divided, and James H. Owen was the first collector, being elected to that office in both 1886 and 1888. Mr. Owen died shortly after his last election and D. Y. Pankey was appointed to fill his unexpired term. T. J. Douglas was collector in 1890-92 and F. Joe Rice, 1894.

Bedford of Bloomfield held that office from 1846 to 1860. Then Henry Porter served in that capacity for a short time, when David G. Hicks of Bloomfield was elected and served until the change of the law made it necessary to have county instead of district attorneys.

An old man by the name of Price was the first treas urer; Campbell Wright an4 Louis Chandler were also treasurers before the Civil War. Next after the war G. T. Sloan and Daniel Brewer, also W. F. Shelton, Sr., served as treasurer for a period of eight years. N. F. Kelley was elected in 1882, T. E. Baldwin, 1884; F. Joe Rice, 1886 ; J. W. Sexton in 1888 ; R. A. Laden in 1890-92, and J. F. Smyth in 1894.

Probate Judges

Have been John H. Stokes, Given Owen, 1876-78- 80; T. E. Baldwin, 1882-84; C. O. Hoffman from 1886 to 1894, or to the present time. Jonas Eaker was judge of a District County Court, having probate jurisdiction in 1855, and it was by the order of this judge that George Mott was appointed agent for and on behalf of Dunklin County to make deed or deeds for 100,000 acres of low or swamp lands to the Cairo and Fulton R. R. Co.

The first court was composed of Edward Spencer, Howard Moore and Anderson Thompson in 1845-46. Next was Edward Spencer, Moses Farrar and Billy Johnson in 1850. Moses Farrar, Edward Spencer and Given Owen in 1854. Given Owen, S. P. Eldridge, Moses Farrar in 1858.

After the Civil War the first court was held by Elgin C. White, Jacob Snider and W. W. Shelton, in 1866. W. W. Shelton, A. L. Johnson and Wm. M. Harkey, in 1870. Harkey resigned and the unexpired term was filled by John H. Bird. Then A. L. Johnson, W. W. Shelton and John H. Bird, in 1872. A. L. Johnson, W. W. Shelton and R. L. Hodge, in 1874. J. B. Hogue, R. L. Hodges and John T. Johnson, in 1876. Given Owen, Charley Stevens and E. J. Langdon, 1878. E. J. Langdon, Given Owen and J. M. W^altrip in 1880. E. J. Langdon, J. W. Black and J. M. Waltrip in 1882. J. M. Douglass, N. J. McBride