Harrison County, Missouri - Chapter 16: Circuit Court and Bar, 1921

FIRST CIRCUIT COURT IN 1846 - FIRST ATTORNEYS LICENSED TO PRACTICE - FIRST BUSINESS - FIRST SUIT FILED - FIRST TRIALr - THE JURY - THE VERDICT - THE SECOND CASE - OTHER BUSINESS - THE GRAND JURY - FINDINGS OF THE JURY - INDICTMENTS - ATTORNEYS ADMITTED MARCH TERM, 1847 - GRAND JURORS - INDICTMENTS FOR "KILLINGS" - TRIALS - FIRST DIVORCE SUIT - FIRST FOREIGNER NATURALIZED - PROBATE COURT - PROCEEDINGSFIRST PROBATE JUDGE - THE PIONEER LAWYER - MEMBERS OF THE HARRISON COUNTY BAR.

On April 23, 1846, Honorable Austin A. King, judge of the Fifth Judicial Circuit of Missouri, at the town of Bethany, organized and held the first Circuit Court in Harrison County. There were present on that occasion besides his Honor, the judge, the following officials: George W. Dunn, circuit attorney; John W. Brown, sheriff, and John S. Allen, clerk.

On motion of George W. Dunn, Philip L. Edwards, Charles E. Bowman, George W. Poage and Moses Simonds, all being duly licensed according to law, were admitted to practice as counselors and attomeys-at-law and solicitors in chancery.

The first business was the return of a state writ of venire facias by the sheriff executed upon Eli McDaniel, James Mitchell, Jacob A. Brown, Samuel Alley, Lorenzo D. Thompson, William Hamblin, Henry Fuller, Thomas Hutchins, Edward L. Ellis, Elkanah Glover, James A. Dale and Charles L. Jennings, "fifteen good and lawful men of the County of Harrison aforesaid, as a grand jury and the said Eli McDaniel as foreman, and his fellow jurors aforesaid being duly empowered, sworn and charged as a grand jury of the State of Missouri for the County of Harrison aforesaid, retired to consider their presentments."

The first suit filed was a case on appeal from a Justice Court in what was then North Township. William Lauderback, plaintiff, vs. George Wil- liams, defendant. Briefly stated the history of the case as tried before Henry Fuller, Justice of the Peace, is as follows : It appears that the said George Williams from some cause committed the flagrant act of killing a canine belonging to the said Lauderback, whereupon the latter brought suit for damages, trespass, etc., as shown by the following bill of complaint. "George Williams to William Lauderback debt and damages $25.00 ; ten dollars for killing one dog, and ten dollars damage for killing one dog, and ten dollars damage for killing one dog and wounding another dog, and for trespassing on my property. William Lauderback."

The above bill of charges was filed April 30, 1845, and on the 13th day of the succeeding month, the trial took place before a jury composed of the following yeomen, to-wit : Abraham Endsley, Elkanah Golver, Allen Hubbard, James Ramey and Shephard Hunter. The trial excited no little interest in the community and nearly all the citizens of the neighborhood were subpoenaed as witnesses.

The defense was ably conducted by Elder John S. AUen, but despite all his efi'orts in behalf of his client the plaintifl" by solemn oath as well as by the testimony of several reputable witnesses established beyond a reasonable doubt the "good character" of the murdered canine, besides proving the killing to have "been done without just cause or provocation." The jury after carefully weighing all the evidence of the case agreed upon the following verdict :

The defendant feeling aggrieved by this verdict and thinking justice had not been accorded to him. in the trial, filed the following appeal to the Circuit Court:

"You will take notis that I have taken an appeal from the judgment of Henry Fuller, Esq., obtained against me in your favor in an action of debt damage and trespass on the 13th day of May, 1845, to the Circuit Court of Harrison County, to be held on Thursday after the third Monday in April, 1845, it being the 23rd day of the month.

In the Circuit Court the plaintiff filed his motion to dismiss the appeal on account of the insufficiency of the security for the appeal which was overruled by the judge: "The defendant files his motion to dismiss the plaintiff's suit which motion being heard by the court is sustained." "It is therefor ordered by the court that the suit be dismissed and that said defendant recover of the said plaintiff his costs as well in this court as in the Justice's court below in his behalf expended and that he have execution therefor."

The next cases on the docket were Ansel Terry vs. Samson Alley in "assemsit" and James R. Timmons and John D. Timmons vs. Nathan Spencer, ejectment, the former continued and the latter dismissed at the cost of plaintiff.

The g-rand jury returned into court the following indictments endorsed true bills and signed by the foreman, to-wit : Against John Murphey, -Jonas Casner, Benjamin Casner, Charles Hauk, John Taylor and Harvey Taylor, for a rout, also State against Francis Burrell for larceny.

John W. Brown presented his account as sheriff for $5.50, after which there being no further business, the court adjourned "until court in course."

The record of the one day's proceedings including the opening and adjourning orders and impaneling the grand jury occupy only a little over three pages of the record.

The grand jury for the October term, 1846, was composed of tne following men: Samuel Edmiston, Marshall Howell, Robert Ford, Thomas Daniel, William R. Allen, William Long, Andrew M. Cox, Thomas Jennings, Willis Harper, Abel W. Allen, Robert Young, Lewis Charlton, Edward Winkle, Hampton Cox, and James C. Brown. Samuel Edmiston was foreman. The first trial by jury at this term was the State of Missouri against Charles Hauk, indicted at the previous term for instigating and participating in a "rout" at the town of Bethany. The following are the names of the jurors: Thomas Mitchell, Samuel Cox, George Williams, Joseph Young, George Hamblin, Stephen C. Allen, John Casebolt, Howell Blaketer, Joseph J. Arnold, Thomas Prewett and William Moler. Through their foreman, S. C. Allen, reported the following verdict: "We, the jury, find the defendant guilty as charged and assess his fine at $5.00." "It is therefore ordered that the plaintiff recover the fine of $5.00 aforesaid as also the costs in this behalf expended and that she have execution therefor, and also that the said defendant stand committed until said fine and costs are paid, being in court he is put in custody of the sheriff."

The second jury trial was the State against Francis Burill, indicted for larceny at the previous term of the court. The following gentlemen composed this jury: Stephen C. Allen, James Fuller, A. Thompson, Samson

Alley, Michael Fleenor, Thomas Tucker, William N. Ford, Joseph Young, Richard Young and Jesse Vail. The verdict was: "We, the jury, find in favor of the defendant."

The grand jury at this term returned indictments against the following persons: Simon Burgin, for peddling clocks without license; Joseph Hall, for assault with intent to commit manslaughter; John Vail, for selling liquor without license; Francis B. Miller, John A. Scott and Allen Scott, for trading with the Indians.

The case of Ansel Terry vs. Samson Alley continued from the first term was disposed of by the court in favor of the plaintiff and damages assessed at $181.00.

At the March term, 1847, the following attorneys and counselors were admitted to practice in the courts of Harrison County : Philip L. Edwards, Volney E. Bragg and Thomas L. Frame.

The following served as grand jurors during the term: Aseph M. Butler, foreman; Reuben D. Tilley, Thomas Taylor, William Oxford, John Oatman, George Noah, Jeremiah S. Young, William M. Selby, Elijah Fleming, Matthew Franklin, Joseph Young, Norvell Allcock, Isaac Hamer, Eli Salmon, Major Daniel and William C. Atkinson.

They returned indictments for "killmg" against Hill Wortman and Lewis Hunt, and against Josiah Spurgin for "murder." The latter case occasioned a great deal of interest, being the first event of a sanguinary nature that took place in the county. Spurgin was tried by jury, the charge being the killing of Jacob Mitchel. The trial was at the March term, 1847. He was convicted of manslaughter. Both were intoxicated when the killing occurred.

Simon Burgin was tried at this term for peddling clocks without a license and fined $50, which was subsequently commuted to one day's imprisonment on payment of costs. Several other cases of a minor nature were disposed of at this term and the record shows that Nathan Spencer and Cornelius Murphy were each fined $5.00 for contempt of court.

The grand jury at the September term, 1847, was made up of the following citizens: Charles L. Jennings, David Gaston, Andrew J. Smith, Thomas Tucker, Christopher Blessing, Robert Bullington, John Jones, Jonathan Booth, William W. Harper, James Ramey, Kader Madden, George Williams, William H. Bender, Thomas M. Geer, William Hunter and Benjamin Ashley.

were the following: against Richard Wells, James Johnson, Travis Johnson, William Johnson and Jeremiah Spurgeon, "for the disturbing the peace of a family in the night"; against Richard Wells for "felonious assault," and against William Cummins "for aiding the escape of a prisoner," and against James Johnson and Travis Johnson for "an assault."

At the May term, 1848, the following grand jurors were impaneled: J. C. Brown, David Buck, Samuel Alley, William C. Allen, Aaron England, George W. Noah, Shepherd Hulse, L. W. H. Cox, Eli McDaniel, Matthew L. Franklin, William Mitchell, Thomas Brown, E. L. Ellis, James Mitchell and Samuel 0. Jennings. Indictments were returned by them against Elijah Williams for trespassing on school land; Elisha Meeker for unlawfully taking up strays; Lewis Hunt, Armstead Pait, Francis Bunill and John W. Casebolt, each for betting.

The first suit for divorce was tried at the March term, 1850, at which time a divorce was granted to Benjamin Mitchell. The next divorce case was Joel H. Worthington against Sarah Worthington, tried at the March tenn, 1854, and at the same time there was another divorce case of Harper vs. Harper.

The first foreigner naturalized in Harrison County was William Hall, a native of England, who came to the United States in 1848 and to Missouri in 1851. He renounced his allegiance to his native country and became a citizen of the American Republic at the March term, 1853, of the Harrison Circuit Court.

The Probate Court of Harrison County was established November 7, 1853. Honorable William G. Lewis was the judge. Prior to that time all probate business was disposed of in the County Court which by statute had that jurisdiction.

The first proceedings of the court after its organization were in the case of Anna Endsley vs. Gibson Endsley, administi'ator of estate of Samuel Endsley, deceased. These proceedings as shown by the record were as follows :

"Now at this day comes the parties by their attorneys and the said plaintiff amkes application to the court as the widow of Samuel Endlsey, deceased, for an order compelling said administrator to pay her as such widow, the money allowed by law in lieu of personal property allowed to her at the appraised value of $200.00. Whereupon the court after hearing the allegations and proofs of the said pai'ties, orders that Gibson Endsley, administrator of the estate of Samuel Endsley, deceased, pay to Anna Endsley, widow of said deceased, the sum of $89.95 when collected that being the amount of said sale of the personal property of deceased."

Following the above upon the record appears an application of Jacob Oxford, administrator of the estate of William Oxford, deceased, for permission to sell personal property, etc., at private sale "and the court being satisfied that such sale will not be prejudicial to persons interested in said estate orders the administrator to sell at private sale all property of eaid estate at such time as he may see fit and proper."

The next business was the allowing of a note of $45.21 against the estate of Aaron England in favor of Benjamin C. Powell and Jonathan Levy, together with all interest upon the same and costs of allowance.

William G. Lewis served as Probate Judge until 1857 at which time John H. Phillebaum was elected to the position. His successor was D. J. Heaston, whose term of service expired in 1862. The names of other judges will be found in another chapter of this volume in a complete list of county officers.

When Harrison County was organized and the courts instituted there were no resident lawyers here as was generally the case in pioneer communities. However, it was not long until members of the legal profession settled here and engaged in the practice of the law. It was the custom in the early days for lawyers to travel from county to county, or from one district to another to attend court to try cases and in this way leading lawyers of these pioneer times covered a large scope of territory in their professional capacity. These lawyers v/ere sometimes known as "circuit riders." All of the prominent lawyers of the early days thus practiced in many counties of the state.

William G. Lewis, a pioneer lawyer of this county was the first resident lawyer of Bethany. He was a native of Greenbrier County, Virginia, and came here in 1847. He practiced here until the time of his death in 1869.

The bar of Harrison County has ahvays maintained a high standard and some of the ablest lawyers of the state are enrolled among its members. Little is known of some of the early attorneys. Among those of whom we have a record are : John R. Moreledge, H. P. Edminston, John H. Phillebaum, Orrin Lee Abbott, Thomas J. Brady, William F. Miller, John Wyatt, George W. Elwell, T. D. Neal, James McCollum. Andrew Fawcett,

J. Frank Ward, Oscar Butler, S. W. Leslie, G. W. Cooper, J. W. Vandivery, Samuel W. Vandevert, W. S. McCray, A. R Brown and J. W. Boyle. The members of the Harrison County bar since 1888 to the present time are: D. J. Heaston, D. S. Alvord, William C. Heaston, F. R. Ramer, Joseph F. Bryant, Sr., John M. Sallee, William H. Skinner, George W. Wanamaker,