Johnson County, Missouri - Chapter 7: - Judges and Sheriffs, 1881

Court

Of the notable farmers residing in Hazel Hill township, there is not one entitled to a more conspicuous place in the history of Johnson county, than Judge McMahan. He was born in Alabama, A. D., 1816, and removed to Missouri with his parents, in the year 1828, and became a resident of Johnson county in 1830. Among the first, and by no means the least of the many services (lone his adopted county, worthy of being mentioned, was that he married Miss Rachel Stockton, the daughter of a notable pio¬ neer, hailing from Kentucky, and raised sons to defend the state against invasion by foreign foes, and daughters to grace the households of respected citizens.

Although Judge McMahan has done much to improve, embellish and beautify prairie domain; although he has labored benevolently to enlighten the ignorant and reform the immoral; although he has contributed liber¬ ally to the erection of school houses and building of churches, he is neither vain, arrogant nor selfish, never trumpets his praise nor gives publicity to his own good deeds. Indeed, were the compiler of this bio¬ graphical sketch, to look to him to furnish the material for it, it never would be procured, for his extreme modesty would cause him to suppress or withhold every item of importance.

The names of generals who fight battles, of statesmen who make laws, of judges who condemn criminals, and of executioners who hang malefac¬ tors, are emblazoned upon the pages of history, whilst the names of other men who hhve, in unobtrusive ways done more invaluable service for man¬ kind, are permitted to go unhonored and unsung. Adherence to such an unfair, unwise and unjust practice, finds no favor here, as the writer has been educated to believe that "An honest man is the noblest work of God," and therefore entitled to the first and highest consideration.

Half a hundred years ago, " Billy Me.," the young, pure-hearted, hon¬ est-minded pioneer, settled in Johnson, near the border of what was then invidiously called the " Commanche Nation" - a neighborhood, noto¬ riously the most lawless, dishonest, indolent and vagabondish in the region. This den of confederated thieves, not unlike the hades described in Holy Writ, was a menace and terror to the surrounding settlers, and its reforma¬ tion or extinction became absolutely necessary. Providence seems to have provided the peaceful means of performing the work of eradicating, by sending hither a few incorruptible citizens, such as Billy Me., Captain Brooks, Bark West, Captain Kelly, Dr. Rankin, Captain Henry and oth¬ ers; honest, upright men, who, by inculcating the cardinal virtues, and illuminating this dark spot with the light of Christianity, accomplished what the soldier's sword and the vigilanter's torch had hitherto been powerless in doing. The formation of temperance societies, organization of Sunday schools, and establishment of Christian churches, in which Billy Me. participated, effectually eradicated the Honey creek hades, a philanthropic achievement worthy of commemoration.

bush, and by tillage, causes the grain to grow that feeds the hungry mul¬ titude, has always been regarded as a public benefactor. Whilst others have indulged in idleness as an enjoyment, Judge McMahan seems to have esteemed it a privilege to toil, and has ever been ambitious to have rank in the great army of producers. If he is not the foremost farmer in John¬ son county, he deserves none the less commendation for untiring efforts to become so. Of his valor there is no occasion to speak further than to declare he is not afraid of work. Be the weather hot or*cold, wet or dry, he is constantly engaged in some useful or profitabe employment.

Judge McMahan has been for a decade, perhaps a score of years, the presiding justice of the county courts, and if the people are allowed to have their own way, will remain so until the end of the nineteenth, century. Unquestionably there is not a citizen the county better qualified to adju¬ dicate the intricate issues required to be determined by that county equita¬ bly. The duties of no county official are more difficult to perform satis¬ factorily than that of county judge - none that exacts such enormous ser¬ vice for such contemptible compensation - none that are so liable to be abused and so seldom receive commendation. Indeed, reader, if you wanted to do a man an injury you could in no way accomplish your design more effectually than by making him county judge. The historian who declines to upbraid a people who have bestowed sp little honor upon so worthy a man as Judge McMahan may, without offending, suggest that if they can offer him nothing better than a place on the bench of the county court, they would do themselves infinitely more credit by permit¬ ting him to enjoy, undisturbed, the happiness of his rural home. * * *

Some men become famous by waging war; Judge McMahan has done so by preserving peace. Some men maintain order by punishing mal¬ efactors; he has accomplished the same results by dissuading men from the commission of crime. Some men obtain wealth by hazardous adven¬ tures; he has acquired riches by industry and frugality. Sorqe men seek happiness by going abroad; he finds it by staying at home. Really, a dozen such men would immortalize any community.

This venerable and venerated citizen has been a resident of Johnson county forty-six years. He was a Kentuckian by birth, and may be cited as a typical representative of that grand old commonwealth. In any place, in any country, his commanding presence and polite demeanor would be admired; but when to these traits are added, his undeviating hony esty, unlimited generosity, and numberless intellectual excellencies, he becomes worthy of special mention, and really this history would be incom¬ plete were his name omitted. Indeed, such an inconsiderate omission would aggravate the citizens of Montserrat, as well as offend the rest of

Judge Mayes served as a magistrate almost the entire period from the organization of the county, until he was commissioned county judge. His equable temperament, perfect perception and thorough knowledge about what is right and what is wrong, are such that he might be safely relied upon to administer justice without the aid of law books. Men of veracity assert that thirty years ago Johnson county justices of the peace did not strenuously adhere to the statutes of the state, but often made laws to suit the cases in their courts. Juries were no less accommodating, and have been known when there was insufficient evidence to convict a bad man who was on trial, to have adjudged him guilty, by reason of reputed antecedent crimes and seatenced him accordingly. Whether or not Judge Mayes did business in that loose manner has never been revealed, how¬ ever it is known that but few appeals from his decisions have ever been taken to appellate courts, and in those few, most verdicts were confirmed. If truthful contemporaries are to be believed, he has ever been innocent of peccadillos and a stranger to impecuniosities.

Although stupendous stone quarries, prodigious coalmines, and amazing agricultural resources have made Johnson county farmers, nothing has hitherto added more to her reputation, both at home and abroad, than the fact of her ability to furnish court judges like Mayes and others whose characters are spotless and whose motives are pure. Whilst the present incumbents continue to occupy the bench official malfeasance will not occur. Judicial ermine will not be smirched, unlawful and improper privileges and allowances will remain unpurchaseable, and dishonest trans¬ actions will not stain the county records.

Judge Mayes is a pronounced temperance man, and by a refusal to grant dram-shop licenses has incensed a certain class of his constituents. Moreover, he has emphatically declined to sanction or countenance repudi¬ ation, and has thereby estranged some political friends residing in town¬ ships that are overwhelmingly in debt. The writer touches his pen lightly here; does not venture to praise or blame a judge for his mode of dealing with these vexed questions, the solution of which ultimately reverts to the voting sovereign, and must be finally decided by ballots.

Hitherto Judge Mayes evidently has endeavored to conscienciously dis¬ charge his official duty, and kind reader, be you pleased or displeased - remember that, "To err is human to forgive divine."

Having in this volume chronicled the merits of the elder county court judges - as the design of the compiler is to do justice to all - it becomes

Judge Bothwell was born in Clay county, Illinois, July 6, A. D. 1842 His war record is highly creditable. During the deplorable internecine strife he soldiered three years. He belonged to the Ninety-eighth regi¬ ment, Illinois volunteers, and did his share of fighting, at Chattanooga and other places. Inasmuch as it is painful to the writer to recount the san¬ guinary deeds of war, and thereby revive the recollection of bloody con¬ flicts and carnage (without meaning disrespect to Bothwell), he declines furnishing a detailed account of his military career. However, it would be doing manifest injustice to the judge to withhold mention of an extra¬ ordinary military exploit - a memorable incident - a bloodless achievement - whereby, in one brief hour, Bothwell luckily* secured historic renown It was this: He belonged to the famous detachment that captured Jeffer¬ son Davis, president of the so-called southern confederacy.

Politically, Judge Bothwell is a republican, and has for eighteen years voted for the nominees of that party, without a single deviation or depar¬ ture. He is popular, and posseses, in an eminent degree, what is termed personal magnetism; otherwise, he never could have been elected to the office he now holds, in a district that ordinarily gives democratic candi¬ dates a majority of seven hundred votes.

Judge Bothwell performs his official duty impartially, but in strict con¬ formity with law, and with consummate judgment. In the disbursement of county funds he exhibits unusual circumspection, is exceedingly exact¬ ing, and sanctions no improper or illegal allowances or payments. Be assured, that during his official term no amount of honeyfugling will enable bogus claimants to have access to the county treasury.

Some explanation must be made in giving to the reader this article on the sheriffs of Johnson county. Some men are better known than others, though not always better men; and, again, some men have left in a com¬ munity, especial friends to preserve their name and character, while other men equally as good, have not been thus fortunate. In this article we have been favored witffsome contributions, and for this reason, more has been said of some sheriffs than others, while much difficulty has been experienced in obtaining definite information in regard to a few. The sheriffs of Johnson county, on the whole, have been men of ability and character. They have performed their duty faithfully and, in most cases, with satisfaction to all parties. When this can be said of such an officer, it speaks great praise, for the position of sheriff is a very difficult one in which to please the people. Each sheriff will be taken up in the order he has served his county.

The counties in Missouri have been blessed with good officers, and par¬ ticularly does this apply to the sheriffs. Something in its grand old forests and beautiful prairies, its sparkling waters, stimulates its citizens to deeds of honor and honesty. These, in an early day, afforded every¬ thing that the sturdy pioileer required.

Joseph Cockrell, the subject of this sketch was born in the state of Kentucky in the early part of this century, and came with his parents, to this state, at an early age, and soon engaged in farming and stock raising, in which business he continued until about 1834, when he became a can¬ didate for sheriff, and was elected the first sheriff of Johnson county, as a whig, which office he filled with great credit to himself. After his term of office expired, he was appointed deputed sheriff, by William Smith, his successor. He was a man of uncommon ability, and one of the few men who came to this county, and by his energy and intellect, gave Johnson county a reputation that soon brought others. He was considered a very excellent judge of land, and soon acquired several thousand acres of fine land. It was a notorious fact, that any person thinking of locating land in the county, would give more or go father for his opinion than for that of any other man in the county. He was one of those sterling, firm char¬ acters that abhorred anything dishonest; a kind friend, a cheerful, hospita¬ ble neighbor, beloved by all who knew him. He raised a family, who have done honor to their beloved father. F. M. Cockrell, son of Joseph Cockrell, the first sheriff of Johnson county, is one of the noted statesmen of the union. Joseph Cockrell died in 1837, as he had lived, an honest man, " the noblest work of God."

William Smith, the second sheriff of Johnson county, was born in Tennessee and came Missouri in 1832. Missouri was at that time nearly a wilderness, with neighbors several miles apart, on some stream of water. Everything was new. The few, who were here, were the solid, hard-fisted sons of toil, that make a country. They made their houses and homes from the timber which grew so luxuriently on the banks of the many streams; the deer and turkey furnished them their food ; the forest their koney. It was truly a land flowing with milk and honey, with virtue and honesty stamped on the brow of everyone. Here then it was that the rich and poor met and wor¬ shiped the one and same God; here in the solitudes of the forest, the Christian bowed in meekness and asked the Giver of all good to bless him in his undertakings. Then it was when men lived for the good they could do others and not for themselves alone. William Smith was one of the respected pioneers, a sincere Christian, a member of the Methodist church. Few have lived as he, a Christian from principle and not from

W. H. Anderson served as his deputy most of the time, and says he was truly a man in its fullest sense. After his second term of office expired he retired to private life, and died at a very advanced age, amid the tears and lamentations of a host of friends.

Isham Reese was the third sheriff of Johnson county. He was born in Tennessee, and came to missouri in 1832. He was a man of limited education, but possessing a splendid mind and wonderful memory, he proved to be a very excellent business man. He was engaged in farming, stock raising and trading in earfy life. He was elected sheriff of John¬ son county in 1841, and served two terms with honor to his county and credit to himself. He died while the sun was still high* in the western slope of life. He made many friends and few enemies, who all speak of him as a good and true man. In politics he was a democrat, but so dem¬ ocratic in his views as sometimes to be called a non-partisan. Few men have lived better lives than Isham Reese.

Judge John J. Price. The subject of this sketch was born on the 21st day of February, 1807, at Lancaster, Girard county, Kentucky. His father's name was John, and he was born in the countjr of Culpepper, in the state of Virginia. Before he left his state to emigrate to Kentucky he married Miss Polly Anderson, of the same county. Judge Price's father went to Kentucky, and settled near Lancaster, in the year 1798. Judge Price was the sixth child of a family of eleven children, viz.: Wil¬ liam, Robert, Edward, Elizabeth, Charles, John, Thomas, Samuel, Mary, Sarah and Barthina. The father of this large family was a farmer, and John worked upon the farm during the spring and summer, and in winter attended the schools in the neighborhood until he became nineteen years of age ; then he left home and sought his fortune in the south, staying there for several years. From there he went to Illinois, and with his brother operated the coal mines across the river from St. Louis for six years. While in Illinois in 1835, he married Miss Miranda Lemon, a daughter of an old and prominent citizen of St. Clair county. To this couple were born three children, Edward, Huldah and Robert. In 1836 John J. Price moved from Illinois to Jefferson City, Missouri, and lived there three years, during which his wife died. On the 20th of October Judge Price moved to Johnson county; buying a farm he soon stocked it and went to farming. In a few years he married again, his wife being Miss Jane Marshall, the accomplished daughter of James Marshall, an old soldier in the Revolutionary war, and brother to Humphrey Marshall, a United States senator. To this union there were born five sons and three daughters, viz. ; James S., Andrew Jackson, John Marshall, Win- field Scott and George Breckenrjdge Marshall, and Josie, Verenda and Almeda. Of the political career of Judge Price we can only judge from the statements of the old citizens; and we must say if their statements be true, that Judge Price was one of the most popular officers that Johnson county ever had. He was elected in 1840 county judge, 1842 a represen¬ tative to the state legislature, and from 1846 to 1848 he served as sheriff, during all of which time he discharged the duties of the various offices with satisfaction to the people and credit to himself. During the inter¬ vening time from 1848 till the war he was engaged in selling goods, farm¬ ing, and keeping hotel at Warrensburg. When war asserted itself in all of its horrors, Judge Price remained true to his adopted state. He deplored its results as irreparable, but cheerfully gave to the defenders of the southern cause all the material aid that was in his power. He now lives in quite easy circumstances in the city of Lexington.

Benjamin W. Grover was the fifth sheriff' of Johnson county, but as his life is more extensively given in another part of this work, * we will only reveal a few leading events. He was a leading man in whig politics, a firm business man, and a talented speaker. It was through his influ¬ ence that the Missouri Pacific railroad came through this county. He was a member of the state senate from this district, and very popular. Mr. Grover served as sheriff from 1848 to 1852, and during all this time was very efficient in the discharge of the duties of that office. He was made Colonel of the First regiment raised in the county, of union forces, and was mortally wounded in the battle of Lexington, 1861.

Phillip S. Houx, the sixth sheriff of this county, was born in Ken¬ tucky, and emigrated to this state early in life, becoming one of her pio¬ neers. He was of German descent, and a leading member of the Cumber¬ land Presbyterian church. He was elected sheriff of Johnson county in 1852, by the democratic party, and re-elected in 1854. During the four years he served in that capacity he faithfully and conscientiously dis¬ charged his duty.

G. Wilson Houts was the seventh sheriff of Johnson county, and was born in 1809 in the state of Kentucky. He removed to Missouri when about 12 years of age, going first to Scott county. He came from Scott to this county, and has now been a resident of this county about 40 years. He was a farmer by occupation. His political history may be regarded a popular and successful one. He was first made assessor. He was elected sheriff by the whig party, and served four years. He has also been deputy sheriff, county clerk, and has served one term in the legisla¬ ture. He is now engaged in farming in this county. He remained in this county during the war, but took no aptive part, though his sympa-

Jonathan Graves, the eighth sheriff of Johnson county, was a native of Kentucky, and was elected to the office of sheriff by the whig party in 1860, but on the breaking out of the war, Mr. Graves, being a strong southern man, was compelled to give up his office, having served only a little over a year. Mr. Graves is now living in the northern part of this state.

Mr. Charles E. Cunningham was appointed by the governor to fill Mr. Graves' place. Mr. Cunningham was a native of Delaware, and a farmer by occupation. After serving out the unexpired term of Mr. Graves, Mr. Cunningham moved to Little Rock, Arkansas, where he now lives.

A. M. Christian was the next sheriff of Johnson county, being elected by the Republican party in 1862. He came from Kentucky originally. His conduct during the time he served was not very acceptable to a very large class of citizens; but that was in the midst of war, and great indulgence must be shown towards those who acted under the heat of passion and prejudice.

killed by his horse. He was riding a horse that was in harness, and his foot becoming entangled in the harness he was thrown from the horse and killed. He leaves a respected family to mourn his loss.

went to Iowa in 1854, was educated at the Ohio Weslyan university, and taught school in Ohio about a year. He came to this county in 1859, and taught school about two years, and then went to Iowa in beginning of the war and joined the first Iowa cavalry and served three years. He came back to Missouri in 1864, and was appointed deputy clerk under Emery Foster. He had charge of that office till 1865 and was married in the spring of the same year. He bought a farm in the fall of 1865, and from that time farmed till he was nominated for sheriff in 1868. He was elected by the radical party and served two years. He also served as deputy two years under J. H. Smith, and since that time has been engaged in farming and is now in the employ of the Wabash and Panhandle rail¬ road. . .

J. H. Smith was born in Virginia, November, 1832. From there he moved to North Carolina in 1834, thence to Virginia again in 1844, and from Virginia to Ohio in 1848, and from Ohio to Harrison county, Mis- souri, in 1859. He moved from that county to Johnson in 1863. He started in the beginning of the war as captain in the union army. After the war he was elected treasurer of the county and after that served two years as deputy sheriff under B. F. Griffith. He was elected sheriff in 1871, by the republican party, and served two years. 'He also served one year as mayor of the city of Warrensburg. He still resides in Warrensburg. His wife is an esteemed Christian, and is of the first families of the place.

O. D. Williams was born on the 30th day of April, 1826, in the state of New York. He moved from New York to the territory of Michi¬ gan, and thence to Indiana where his father died in 1840. He left Indiana in 1845 and went to Memphis, West Tennessee and thence to Vicksburg, Mississippi. He then went to Louisiana, then to Mobile, Alabama, working there till 1849, and left for California in March, 1849, by the plains on the route via. Santa Fe, New Mexico, to Santa Fe, California. Followed mining in New Mexico five or six months and then went to Old Mexico, to Chihuahua, Durango, Mazattam and remained there six or seven months. He remained in California three years, and came to Missouri in 1854 and then went back to Califor¬ nia and stayed two years more and then came back again to Missouri and settled down, marrying in 1857. He was elected sheriff of this county by the democrats in 1872 and served till 1874. He was an -excellent officer.

Z. H. Emerson, Johnson county's fifteenth sheriff, is one of the men of whom all men speak with pride - a very clever gentleman - a man who by birth, is a perfect man in everything that is worthy of manhood. He was born in Warren county, Kentucky, on the 15th day of May, 1824, came to Mis¬ souri in 1849, and has continuously resided here since with the exception of three years spent in Illinois during the war. He was reared a farmer; his father owned a great deal of fine stock. No wonder that the young Zach of those days became a fleet horseman and a cool, courageous man. It was in the old state of Kentucky that he first drew breath, a land noted for brave men and beautiful women. Living amid the exciting scenes of those times, and being of an adventurous disposition, he early became known as a kind, courteous man, but with such a high sense of honor that it was well known that Z. H. Emerson would speedily and surely avenge an insult to his honor. In 1844, he was married to Sarah A. Moore, which union proved a very excellent one. There were born of the mar¬ riage, four children, three of whom are now living: Mr. J. H. Emerson, now in Rich Hill, Bates county; Mrs. Claunch, of this county, and Miss Mary Emerson, a teacher of Warrensburg. In 1854, Mr. Emerson was elected constable of Warrensburg township; was appointed deputy sheriff under O. D. Williams for four years, aud then succeeded him in office and served four J'ears as sheriff, and all unite in saying that he made one of the best officers that the county ever had - energetic and honest, ever watchful and careful over the interests of those who had business with him. In criminal business he was a complete success, being kind, but extremely firm with his prisoners.

During the time he served the people of Johnson county as sheriff, Mr. Emerson was called upon to officiate at two legal executions, the execution of John W. Daniels, March 1, 1878, and the execution of Frank Davidson, July 9, 1879.

Mr. Emerson, to-day, although on the western slope of life, with twilight fast gathering her shades about him, stands over six feet in height, and is as straight as an Indian, brave in every movement, one can see that energy and ambition are still with him, and time will not have an easy struggle to master his spirit.

John A. Shaw. There are men in this world that rise above political pat¬ ronage; men that rise and are popular from inherent virtues, notwith¬ standing the prejudices that arise from political failures or favors. John A. Shaw, the present and sixteenth sheriff of J ohnson county, is such a man. Born of poor, honest, and humble parents, he has, by industry and natural abil¬ ity, made himself a man, respected for his kindness, his honesty, and a man who made himself under very adverse circumstances. He was born in Baltimore, Maryland, on the 10th day of October, 1835. He moved from this state with his parents, at an early age, to St. Louis, at which place they resided several years, and from there moved to Illinois. They moved from there to Johnson county, in 1866. Here, Mr. John A. Shaw became engaged in farming and stock-raising, and, in connection with that was largely interested in the hardware business. At the time of his elec¬ tion he was engaged in farming and stock-raising. Mr. Shaw was nomi¬ nated on the republican ticket almost unanimously, but at that time he declared that he was not a candidate for any party or faction, but if elected he would be sheriff of Johnson county, and not a republican or a democratic sheriff. He was elected by something over 300 votes major¬ ity, against Mr. Halley, the democratic candidate, a true and honest man, and very popular. This was a great surprise to many, and a great honor to himself. One of the strongest evidences of Mr. Shaw's popularity is, that he was supported by his neighbors, and they unite in saying John A. Shaw is one of the few men who understands the meaning of true friend¬ ship. He is a man that has a heart, and truly an honest man, one who is willing to lend a helping hand to any in distress. He moves as sunshine among a large circle of friends, and all who come in contact with him realize that he is above the ordinary man - performing the most difficult duties with honor to himself, and to the great satisfaction of those having business with him. Some men are peculiarly fitted for certain positions in life, and Mr. Shaw seems to have all the requisites for the position he now occupies. Possessed of an even temper, and courage beyond ordi¬ nary men, he handles the worst of criminals with ease, and always with extreme firmness and kindness. He inherited from his father a strong desire to have an education, and to-day few men in the common paths of life are better posted than he. Modest and unassuming, he merits and receives the respect of all his friends and constituents.