Harrison County, Missouri - Chapter 13: First Official Proceedings, 1921

FIRST COUNTY COURT HELD UNDER A TREE - OPENING PROCEEDINGS - ENTRIES IN THE RECORDS - TOWNSHIP BOUNDARIES FIXED - FIRST PROBATE BUSINESS - SECOND SESSION HELD IN JUNE. 1845 - JOHN S. ALLEN APPOINTED COUNTr SEAT COMMISSIONER - OTHER OFFICIALS APPOINTED - ROAD FUND - OTHER RECORDS OF TRANSACTIONS - HIGHWAYS LAID OUT - SALE OF LOTS AUTHORIZED - BILLS ORDERED PAID - DIGGING A PUBLIC WELLTAXES - FIRST OFFICERS.

The county court held its first session under a big tree on the west bank of Big Creek near Harris mill and many citizens were present, being deeply interested and attracted by the novelty of the situation. The opening proceedings were duly formal, proclamation of the opening being made by Sheriff Brown in his usual dignified manner and with a solemnity befitting the occasion. Samuel Edmiston was chosen presiding justice and the court then proceeded to the transaction of such business as came within the sphere of its jurisdiction.

"Be it remembered that at a county court begun and held at Harris's mill on the 5th day of May, 1845, were present Hon. Samuel Edmiston, Asaph Butler and Lewis Charlton, justices of said county court, and Thomas Flint, clerk.

"John W. Brown presents the account of Ebenezer Wood for eight days' sei-vice in locating the seat of justice of Harrison County at $2.00 per day. Ordered by the court that the account be allowed and a warrant issued on the treasurer for the same. The accounts of Edward Smith and John Gibson for similar services were also presented by Sheriff Brown and after due investigation the court ordered waiTants drawn on the treasurer in their favor therefor.

"Ordered by the court that Heniy Fuller be and he hereby is appointed county treasurer for Harrison County to serve as such until his successor is appointed and qualified."

At the same session the court fixed the boundaries of municipal townships, Madison, Butler and Dallas, appointed Shepherd Hulse constable for Dallas and by order entered of record adjourned until the .':econd Monday in June.

At this time in our history there were no separate probate courts, the county court being- then invested with that class of jurisdiction. On May 26, 1845, in vacation, the county court was convened by call to consider the application of John W. Brown for letters of administration upon the estates of John W. Stevens and Thomas Brown, deceased, of Harrison County, and the record recites: "The said John W. Brown having complied with the law in said cases provided, it is ordered that letters of administration issue accordingly."

The regular June term, 1845, was held at the residence of David Buck, near Bethatiy, and it appears from the records that there were present the justices, Samuel Edmiston, Asaph Butler and Lewis Charlton, also Thomas Flint, clerk, and John W. Brown, sheriff. It was ordered of record that John S. Allen be appointed county seat commissioner to survey and sell the lota in the town of Dallas, the present county seat, who thereupon entered into bond and security to the governor in the sum of $1,000, for the faithful discharge of the duties of the position.

An order was made appointing Vincent Smith justice of the peace tor Dallas Township to hold said office until the next general election. A. B. Hardin and Samuel Allen were appointed justices of the peace and Thomas L. Frame was appointed to draw the road fund, amounting to $198.78, in accordance with the apportionment made by the treasurer and auditor of public accounts. William Roberson was appointed guardian and curator of the person and property of Mary C. Taylor.

Thomas L. Frame was appointed county attorney for the term of one year and he was instructed to act as agent in procuring the necessary books and records for the use of the county. Special elections were ordered held in the different municipal townships and judges appointed for same.

John W. Brown was ordered to settle with the county court of Daviess County for the "purpose of ascertaining the amoulit of revenue belonging to Harrison County."

License was granted to Dennis Clancey to keep a grocery at Fuller's mill on Big Creek for six months, commencing June 10, 1845, for which the sum of $10.00 was imposed as a tax for the use of the county.

At that time licenses to sell liquor in certain prescribed quantities were by law issued to tavern keepers, to groceries and to dramshops. A dramshop keeper was one permitted by law, being licensed to sell intoxicating liquors in less quantity than a quart.

A grocer was one permitted by law to sell goods, ware and merchandise (all kinds of dry goods excepted) and intoxicating liquors in any quantity not less than a quart. Taverns were under same restrictions as grocers as to sale of liquors.

At this term of the court there appears upon the record the folio \!ving entry : "Ordered that the order made at the May term appointing Henry Fuller county treasurer be and the same is hereby rescinded. Ordered that David Buck be appointed county treasurer of Harrison County by executing bond and security to be approved by the court." An adjournment was then made to meet at the home of David Buck on the last Monday in June.

At the next regular session John S. Allen, commissioner of the county seat, presented to the court a report of plat and survey of the town of Dallas and was allowed the sum of $30.37 V2 for superintending the clearing off and surveying the same.

It was also ordered that the revenue of Harrison County for county purposes be double that of the state revenue on all objects of taxation, including the tax on grocers' and merchants' license. At the same term the name of the county seat was changed from that of Dallas to Bethany, the tax book returned by 0. P. Green, assessor, was ordered received and approved and John S. Allen was appointed commissioner to contract for the building of a court house in the town of Bethany.

At the July term, 1845, a petition was presented to the court by Samuel Alley signed by a number of citizens and householders praying for the appointment of viewers to view and mark out a highway from Bethany to intersect the county line at section 35, township 62, com- mencing at Bethany and running to section 35, township 62. Samuel Alley, E. T. Ellis and John S. Allen were appointed viewers on the same. John G. Conduit, Robert Perry and David Buck were appointed to view a road from Bethany in the direction of Trenton in Grundy County via Joseph Jones's farm in Sugar Ridge Township. Edward Hunt, James Mitchell and James Taylor were appointed viewers on a public road leading from Bethany in the direction of Hunt's mill and for like services on a public road leading from the county seat to Taylor's Grove. C. L. Jennings, William Long and Stephen C. Allen were appointed viewers.

John S. Allen was authorized to sell lots in the county seat at private sale and the allotting justices of the various township made report of road districts in the same.

At the regular June term, 1845, of the county court L. D. Thompson, Henry Fuller and Jacob Brown were appointed as allotting justices for the townships of Butler, Dallas and Sugar Ridge, respectively.

Under the law at that time it was provided that the county court of each county shall, as often as it may become necessary, appoint one or more justices of the peace in each township in the county whose duty it shall be to lay off the several roads therein into road districts of convenient lengths, numbering them, and make returns of such divisions with their numbers to the county court. It was further provided to be the duty of such justices to allot the hands subject to work on roads among the overseers of the several road districts, hence the name of "allotting" justices.

Dr. John Cravens was allowed $12.50 for medical services rendered in life to Thomas Brown, now deceased, and John W. Brown presented his report of settlement with Daviess County.

At the September, October and November terms, 1845, the county court exercised probate jurisdiction in the estates of James Michaels, Sarah Michaels and Lewis Michaels, infant heirs of Daniel Michaels (deceased) by appointing Edward Hunt the guardian and curator of their persons and property, also by the allowance of claims against the estates of Thomas Brown, John W. Stevenson and John Edmiston

At the October term John W. Brown, sheriff and ex-ofRcio collector, made settlement with the court for the tax books for the year 1845. He was charged with :

In January, 1846, the term was held at the residence of David Buck and William P. Allen was appointed sheriff of Harrison County. Various highways in different parts of the county were ordered opened. A further settlement was had with the collector.

In March, 1846, Charles M. Scott was allowed $3.15 for holding an inquest on the body of John W. Stevens and a dramshop license was granted to Martin Jennings for $20.00 to keep a dramshop in Bethany for six months.

At the May term, 1846, a vacancy having occurred in the office of county clerk by the death of Thomas Flint, John S. Allen was appointed clerk to fill the vacancy.

An appropriation was made for digging a public well in Bethany and a license granted to E. S. Hughes to keep a grocery at Fuller's mill for a period of six months. In the fall of 1846 a new county court was elected, Thomas Dunkerson, Stephen C. Allen and Elkanah Glover being the justices, Thomas Dunkerson being the presiding judge. They held their first meeting in November and transacted a large amount of business.

"David Buck presents his papers for settlement, and by reference to books and warrants he stands charged with amount received of sheriff, $280.99; credit by amount paid for county warrants, $276.04; balance on hand, $4.95; credit by services as treasurer, $4.95.

Hon. Samuel Edmiston, the first presiding judge, was a native of North Carolina and an early settler of Missouri, moving to what is now Butler Township, Harrison County, in 1842. He was a man of excellent judgment and during a long period of residence in Harrison County won and retained a prominent place in the estimation of the people. Honest and upright in all his dealings, he discharged all his duties as presiding justice acceptably, as is attested by the fact that his official course never provoked criticism or censure. He died on his farm in Butler Township.

Aseph M. Butler was born in Vermont. He came to Harrison County in 1840, locating in Cypress Township, where he died. He took an active part in the county organization alid was chosen justice on account of his peculiar fitness for the position, being a man of good judgment and practical business sense. At the expiration of his term Mr. Butler abandoned public life and never asked nor sought political preferment at the hands of his acquaintances. He was a typical gentleman of the old school and justly regarded as one of Harrison County's most worthy pioneers. Oscar Butler, a prominent young la\vyer who died at Bethany, Missouri, in 1886 whilst holding the office of prosecuting attorney, was the youngest son of Judge Butler. Norton Butler, a prominent farmer of Grant Township, was another son, as was Albert Butler, of Cypress ToviTiship. Mrs. Thomas Allen, now living in Bethany, and Mrs. Bernard Austin Brown were daughters of Judge Butler.

Lewis Charlton came to Harrison County prior to 1840. He was one of the first settlers in what is now Sherman Township. He was a quiet, unassuming man and as a member of the first county court won the respect of his fellow citizens by his earnest efforts in behalf of the county's interests. He possessed good business ability and is remembered as one of the worthy pioneers of Harrison County. His sons, Tom and John L., will be remembered well by the citizens of that portion of the county.

Thomas Flint, first clerk of the county and circuit courts, came to Missouri from Indiana early in the forties and settled about three miles southeast of the present site of Bethany. The early records show him to have been a man of fine clerical ability and he appears to have stood well with the people^ He was chosen clerk at the organization of the county and served well until his death in the spring of 1846.