Grundy County, Missouri - County Officials, 1881

County Officials

Election in 1842 - Sheriffs - Defalcation - Circuit and Countij Clerks - Missing Funds - Cost of Suit - Circuit Clerks - County Treasurers - Probate Judges- -Salaries - Members of the Legislature - State Senators - Circuit Judges - Circuit and County Attorneys - Judicial, Senatorial and Congressional Districts - Congressmen - County Judges- -County Officers,

The first election for county officers, outside of the justices of the peace, took place in 1842, the appointments by the legislature holding until that time.

Wm. Thrailkill was elected sheriff in August, 1842. He held his office by appointment at that time; was reelected in 1844 and was followed in 1846 by Ashley Gulley. Gulley appointed Wm. Metcalf his deputy, who attended to about all the business the last year of Gulley's term, Mr. G. being in the Mexican War. William Metcalf, at the end of Ashley Gulley's term, was elected sheriff, this being in 1848 and was again elected in 1850. Mr. W. 0. Harvey came next and having been reelected served two terms, ending January 1st, 1856. James S. Estes then came in for two terms, 1856 and 1858, and right after him came E. P. Harding in 1860 and 1862.

Defalcation

At the August term of the County Court, 1865, Mr. Harding had a final settlement with the county as sheriff and ex officio collector, and a warrant was drawn in his favor for $428 as a balan ce due him on settlement, which was certified to by the presiding justice of the court. There seems to have been an error in res-ard to the whole matter, and at the October term of the said court the order of settlement was rescinded and a deficiency was found against Mr. Harding for the sum of $433.75, as shown by the following proceedings of the Grundy County Court, 1865:

"Whereas, At the August special term A. D. 1865 of this court, the following appears of record among the proceedings of said court; to-wit, On a final settlement with E. P. Harding, late collector of Grundy county, Mo., there was found to be due said collector $428, said settlement embracing all the years for which the said collector was liable, embracing the years 1860 up to 186i inclusive.

"Whereas, Edson P. Harding, late collector of Grundy Co., Mo., has failed to make settlement with this court according to law and the orders of the County Court, the court proceeds to make settlement, which is as follows; to- wit, Balance due county $433.75."

Nothing satisfactory resulted from the abov^e, and it appears that Mr. Harding refused to take any notice of the new order of things, and on the 6th of November, 1865, the following proceedings from the record show that the county immediately began suit against Mr. Harding's bondsmen for the amount alleged due Grundy county, as given below:

"Be it ordered by the court that whereas Edson P. Harding, late collector of Grundy county Mo., having neglected and refused to render true accounts and settle with the court, the court did at its October term, 1865, adjust the accounts of said Edson P. Harding, collector as aforesaid, according to the best information they could obtain, and found the balance due by said Harding as such collector to be $433.75, and whereas the said Edson P. Harding owes the sum of $433.75 with thirty per cent per annum until paid and that execution issue immediately.

"Ordered by the court that Daniel Metcalf, county attorney, bring suit against the securities in the Grundy County Circuit Court on the official bond of Edson P. Harding, late collector of Grundy county, Mo."

The case came up in regular order on the next day, Nov. 7th, and was continued over until the 15th, as per the following entry on the record of said date:

In the case of Grundy County v. Edson P. Harding the motion came to be heard, the parties appeared, by their attorneys and the court doth order that the judgment rendered yesterday be set aside and that the cause be continued until Wednesday, November 15th, 1865."

On the 16th day of November the case of Mr. Harding still hung fire, and a further investigation of the acounts ran the deficiency up in the neighborhood of $2,000, and said sum not having been paid ten per cent was added to the amount ten days after date, where the case stood until again brought before the court at the December term when the matter was turned over to the Circuit Court. The proceedings from the records are as follows:

"On a final settlement with Edson P. Harding, late collector of Gnindy county. Mo., the court finds said collector to stand indebted to the county and State as follows; to-wit, To the county $1,925.45 and to the State of Missouri $62.98. Also $50 balance on school funds recovered by execution V. John T. Hughes and ordered same certified."

"Edson P. Harding, late collector of Grundy county, Missouri, having failed to pay over the money found due the county on final settlement, it is ordered that the clerk make out and certify an abstract of any and all settlements made with the said collector since September, 1865, and deliver the same tcf clerk of the Circuit Court of this county and immediately on receipt of said abstract, the circuit clerk will issue execution for the amount vs. the said Edson P. Harding, drawing 30 per cent from this date, December oth, 1865."

On the first of January, 1864, Orville Moberly took possession of the oflBce and continued until the 1st of January, 1868, then came N. A. Winters for two terms, and following him in 1872 and 1874 was R. E. Boyce. S. J. Atkinson was sheritf from Januarj^ 1st, 1877, to January 1st, 1881, and the present sheriff is "W. H. Wilson, who was elected in November, 1880. This closes the list of sheriffs.

There were not so many changes in this office as in that of sheriff. It is an office, or was at that time, that required a knowledge of the routine business of the court and when once learned the court or courts seldom wanted a change. A clerk well (jualified and thoroughly knowing his business was a valuable person to have around either circuit or county judges, and especially when the many changes in the county judges took place an able and willing clerk made the new judges feel at home. In fact, he would show them how it was done. The first circuit and .county court clerk was Thos. W. Jacobs and his name is pretty often found in this history because he held the position for several years and in the early records which have been liberally copied from, his name, so far as the clerk 's office is concerned, was always attached. He held the office from the date of his first appointment in 1841, to January 1st, 1848. The Hon. Geo. H. Hubbell was then elected and took charge of the office at the latter date. He proved a model clerk and held the position for nearly seventeen years. In 1865 the offices throughout the State were vacated by law, and in this county the offices of circuit clerk and county clerk were divided, each having its own clerk, in-

The ap])ointTnent of E. P. Harding was not satisfactory, and it was also said to be illegal, and the case was brought before the Circuit Court; that court decided against the appointment, and Gov. Fletcher withdrcAv the name and gave the office to R. P. Carnes, who held and filled its duties acceptably until 1870. In this latter year "Wm. H. Roberts was elected clerk, and was again elected in the election of 1874. In the spring of 1876 Mr. Roberts was found to be short in his accounts, failing to pay over to the county treasurer sundry fees, amounting in all to $1,917.95. Besides this, certain dram shop and billiard licenses were not to be found of record, and it appeared pretty clearly to the County Court that a serious defalcation had taken place. Mr. Roberts resigned, and the court employed counsel to assist the county attorney to recover from the bondsmen of Roberts the amouTit lost, stolen or missing. The net result was not, it seems, very encouragino^. The suit of record stands as follows:

Expenses Of Suit

This was the net amount received by the county, and in addition to this the court received a letter of resignation and apology from the defaulting clerk, which was placed upon the records.

On receiving the resignation of Mr. Roberts, Mr. E. B. Cooper was appointed temporary clerk for that session, and the court elected D. C. Pugh to fill the vacancy. However, Mr. Pugh failed to get the seat warm, as S. L. Harvey was appointed by Governor Hardin. It might be mentioned here by way of explanation that Governor Hardin and Clerk Harvey were Democrats, and the genial Pugh wasn't. Mr. Pugh vacated the office, but promised his friend and successor, Mr. Harvey, that he would see him again. Mr. Pugh fulfilled liis promise, and made a new year's call on Mr. Harvey January 1, 1877, which was duly acknowledged, and Mr. Pugh took his seat as county clerk by and with the consent of the people of Grundy county. Mr. Pugh was again elected for four years in 1878, and few counties in the State can boast of a better officer or a more perfect gentleman than D. G. Pugh.

Circuit Clerk

The separation of the circuit clerk and county clerk's office, and forming two in place of one, resulted, as before stated, in Governor Fletcher appointing N. T. Doane to the position of circuit clerk, who held the same until January, 1867. The election of 1866 being in favor of A. K. Sykes, who held tlie office for four years, and was again elected in 1870. In 1874: Mr. J. B. Berry was elected to succeed Mr. Sykes, and in 1878 he managed to " pull through " and succeed himself. Mr. Berry proved a trifle more popular than was supposed, for it was intended that four years would end his clerkship. But mistakes will happen, and this particular mistake was perfectly satisfactory to Mr. Berry, and to this gentleman we are under obligation.

County Treasurer

The first county treasurer of Grundy county was one of the old pioneers, Mr. James R. Merrill. He held the office from the organization of the county, in 1841, until September, 1846. George W. Moberly was then appointed by the County Court as treasurer, and performed the duties acceptably to the court until his resignation, in August, 1848. Mr. James Austin was appointed to succeed Mr. Moberly, and held the same until February 1, 1856, when he, too, resigned. Then followed in the order named: first, George M. Cooper, appointed February 1, 1856; S. Isom, elected August, 1858; James R. Merrill, appointed April, 1862; Houston Renfro, elected November, 1862 ; William C. Benson, appointed February 3, 1863 ; William C. Benson, elected November 1, 1866: William C. Benson, elected November, 1868; Robert A. Collier, elected November, 1870; Hugh S. Carnes, elected November, 1872; R. E. Boyce, elected November, 1874; William P, Lafferty, elected November, 1878; John E, Carter, elected November? 1880, present treasurer.

Probate Judge

The first record or entry upon the records for probate judge was August 7, 1849, and William Renfro was so designated. Just how long he held the office is not stated, but J. H. Shanklin was his successoj-, and Mr. Shanklin resigned June 5, 1855. Mr. Richard H. Musser was appointed to the vacancy, which he held until the August election of 1855, when John B. McDonald was elected for six years from date of said election. He, however, held the office only about two years, when he resigned, and the County Court appointed as his successor Mr. Stephen Peery. Mr. Peery filled out the unexpired term and was elected probate judge August 6, 1861. Following Mr. Peery came William Metcalf, elected in 1863; D. C. Gibbs in 1865, and A. H. Burkeholder in 1866. During Judge Burkeholder's term the probate judge was made, January 14, 1867, ex officio president of the County Court, but the same was discontinued in 1870. Judge Geo. Hall was elected in 1870, succeeding Judge Burkeliolder, and Judge Hall held until the election of 1878, when the Hon. P. C. Stepp was elected as his successor, and is the present incumbent in this, the year of our Lord 1881.

The salaries of the county officers are sufficient for a comfortable living, but not to warrant any extravagant enterprises, such as opening banks (unless with a jimmy), or building palatial residences. The county clerk gets lifteen hundred dollars, if his fees amount to that much, and he is allowed a deputy at six hundred; the circuit clerk also gets wages to the amount of lifteen hundred dollars a year, provided the fees of the office amount to that sum, if they do not the circuit clerk falls short just that amount. All over lifteen hundred dollars he has to return to the county, the same as the county clerk, but if it fall short the county, for the people's interest, makes no provision to make up the balance, and it never does. The circuit clerk is also allowed a deputy at six hundred dollars a year.

The collector, sherifi', assessor, and judge of probate, all receive fees or per cent, while the county attorney gets a salary of six hundred dollars and fees. The question of economy on the part of the several county courts, since the inception of Grundy as a county, has been a marked characteristic, and in many instances their prudence, caution and economy have been, it might be said, i-educed to a science. The only way anyone connected with managing county affairs can get rich, is either by stealing or resigning, and there have been one or two notable examples of each.

Members Of The Legislature

The next in order to congressmen and State senators, comes the members of the lower house, and this member particularly represents the people. He comes directly from them and is their local servant to look after their pecuniary, social and political rights, and to secure to them the full privileges of a citizen of the Commonwealth.

The first election for the legislature, and in fact for an}' county office, excepting justices of the peace, and they may be styled more correctly as township officers, was August 2d, 1842. Major John C. Griffin, yet living in the city of Trenton, had the honor of being the first representative to the legislature from Grundy county. Major Griffin has held many other offices in the gift of the people, and in all has he done justice to them and reflected credit upon himself. Major Griffin served two terms, and was succeeded by Dr. James Livingston in 1846, serving also two years, and giving way to the brave and gallant Jacob T. Tindall, in 1850. Edson P. Harding was elected in 1852 and reelected in 1854, and was followed in succession by the following gentlemen, each holding but one term and in the order named: Wm. H. Nelson, John Cullei-s, Wm. D. McGuire, E. L. Winters, Lewis

Myers. J. B. Freeman was elected in 1866 and reelected in 1868. Then followed Geo. H. Ilubbell, who was the author of the township law, which has proven of so much practical use to tlie people. He was, also, highly complimented in the Ivansas City Times^ as one of the most prompt and efficient legishitors in the session in which he served. E. F. Horton succeeded Mr. Hnhbell in 1872, followed by K. C. Young in ]874. In 1876 Mr. Paris C. Stepp stepped to the front, but concluded to remain only one term, Mr. Benjamin Lockhart taking- the position of the late incumbent in 187S, when be declined to serve longer, as the election count of 1880 had proved that Thomas J. Taylor was elected, and he is now the member-elect.

State Senators

Tlie first senatorial district to which Grundy county was united and formed apart, was composed of the counties of Macon, Linn, Livingston and Grundy. This was in 1842. The next change put Grundy in an entirely separate district, which was composed of the counties of Daviess, Harrison, Mercer and Grundy. The legislature of 1862-63 again changed the district, and the following counties formed the Fifth State senatorial distinct: Carroll, Livingston, Grundy and Mercer. TJiis senatorial district remained until the session of the legislature of 1880-81. The legislature, failing to pass a re-districting act as required by law, in the census of 1880, it devolved upon the governor, secretary' of state and attorney-general to do so, as required by section seven, article four, ot the new constitution. Grundy was then associated with Livingston, Mercer and Putnam, the four composing the Fiftli State senatorial district. The names of the State senators who have represented the senatorial district of which Grnndy constituted apart are as follows: to-wit,

So far as senatorial representation is concerned, Grundy county has nothing to complain of. She has lield the position seven times to the remaining counties' four, which is a very pretty compliment to the ability of her citizens.

Circuit Judges

At the time of the ori^anizatiou of Grundy county in 18-il, James A. Clark held a commission as circuit judge, and he presided at the first session of the court held in the county, in April, 1841. Judge Clark held the position until 1862, when he resigned, having held some twenty-five years. The State convention which convened June 2d, 1862, passed an act embodying an oath which Judge Clark declined to take, hence his resignation. Jacob Smith, of Linneus, Linn countj^ was appointed Judge Clark's successor, and he held the position until the election of E-. A. DeBolt, of Trenton, Grundy county, who took the office of judge on January 1st, 1864:, and held it until January 1st, 1875. The election of 1874 resulted in the choice for circuit judge of G. D. Burgess, of Linneus, Linn county, who was reelected in 1880 and is the j^resent incumbent.

The first circuit attorney after the organization of the county was Benj. F. Stringfellow, who attended the first court in the county in April, 1841. Wesley Halleburton, Robt. D. Morris, John C. Griffin, Daniel Metcalf and L. W". Wright followed in succession, when, under the new constitution the office was done away with. These circuit attorneys acted in many cases as ex officio county attorneys. The County Court of Grundy county sometimes appointed count}" attorneys and then again they did not. J. F. Tindall served as county attorney from 1855 to 1859; who, if anybody, served during the war is not of record. Daniel Metcalf, John M. Yorris, Fred. Hyde, A. H. Burkeholder, II. J. Herrick, Stephen Peery, serving since, and Melvin Bingham in 1880.

Judicial Districts

Grundy county is in the Eleventh judicial district, composed of the following counties; to-wit, Chariton, Linn, Sullivan, Mercer and Grundy, The Circuit Court for this county is held on the third Monday in April, and on the first Mondays in August and January. This is the law of 1881, which made a change in the time for holding the court in this county.

Congressional

There were no separate congressional districts in the State up to and including 1860, but the congressmen were all elected upon a general ticket. As far back as 1844 an attempt had been made to district the State. Con- gress liad passed a law in its session of 1843-44 dividing the State into five congressional districts, the number of members to which Missouri was then entitled, but the State legislature of 1844 declined to do so on the ground that Congress did not have the right or power to pass the law, but that it was entirely a State matter. However, the question was given to the people to vote upon in conjunction with one to amend the State Constitution. They defeated the constitutional amendment in August, 1846, by 9,000 majority. At the State convention held in 1862, this district was numbered the Seventh, and the following counties were included within its bounds: Atchison, Holt, Nodaway, Andrew, Buchanan, DeKalb, Gentry, Daviess, Harrison, Mercer, Putnam, Worth, Sullivan, Grundy and Livingston. It had, also, before this been called the Third district. At this time, 1862, the census had given the State nine congressmen, and this remained until the new apportionment rendered necessary by the census of 1870. The census that year gave the State thirteen members of congress, and Grundy county was placed in the Tenth district, composed of the following counties; viz., Randolph, Chariton, Linn, Sullivan, Mercer, Grundy, Livingsston, Daviess and Harrison, nine counties in place of fifteen as in 1860. Missouri will gain one member if the house of representatives shall consist of 309 members, or over, up to 325, the highest number mentioned in connection with the new census that will be voted for. Under 309 Missouri will retain her present number of congressmen, thirteen, making the re-districting of the State unnecessary.

Our Section

The names of the members of congress who liave represented more particularly this section of the State, and might be considered as the congressmen who served for this district, are as follows:

Grundy county has been l)lessed but a very few times with lier choice, as shown by lier vote, in the matter of congressmen, but what she lias lost in congressional timber her majority vote has made up in local sway.

County Judges

It has been impossible to get a complete list of the county judges between 184:1 to 1846, no record having been kept - or being recorded on paper instead of in a book it has been lost. We give, liow^ever, nearly a complete list from the latter date. They are as follows :

1862 - March 12th, Abner Drinkard resigned and John McIIargue was appointed and officiated until the following November, when James G. Benson was elected.

1873 - Under new township law, five judges were elected at large, Valentine Briegle, four years; 1st district, Clement A. Conrads, four years; 2d district, Felix Wild, two years; 3d district, Casey Tate, one year; 4th- district, Marshall Huinphreys, four years.

1878 - James G. Benson, William Pond and Isaiah Brainerd. James G, Benson died before taking oath of office and T. B. Harber was appointed bv the a-overnor.