Lincoln County, Missouri - Chapter 9: Elections, Judiciary, Etc, 1888

Chapter 9: Elections, Judiciary, Etc

The first election held in Lincoln County was in 1819. The places for holding the elections, and the judges to conduct them, have been mentioned in connection with the county organization.

For the election in 1820, Prospect K. Bobbins, Ira Cottle and Joseph Oldham were appointed judges in Monroe Township, and the election was ordered to be held " at the place for holding courts " in Old Monroe. Elijah Collard, James Duncan and Benjamin Blanton were appointed judges in Bedford Township, and the election was ordered to be held at the house of Benjamin Cottle. Bobert Jameson, Philip Sitton and Samuel Gibson were appointed judges for Union Township, and the election was ordered to be held at the house of the latter. Benjamin Allen, Jesse Sitton and David Diggs were appointed judges for Hurricane Township, and the election was ordered to be held at the house of James Barnes. Afterward, from time to time, with the change of the municipal townships, new election precincts were established, and new places appointed for the holding of the elections.

In August, 1875, the county court appointed the following named places and judges for the holding of the special election to be held on Saturday, October 30, following, on the adoption or rejection of the new constitution of the State: Chain of Bocks, John K. Lindsey, William Eggering and Lawrence B.

Sitton; Ohantilla, Alfred F, Brown, William Lindsey and Robert ECioks; Drydensville, in Snow Hill, Andrew Cunningham, John ,) . Alexander ami Christopher W. Ricks; Burr Oak Valloy,

Charlee L. Alloway, Thomas K. Reid and Prank D. Hardesty; New Hope, William W. Reid, William F. Wilson and J. Winston Sitton; Hickory Grove schoolhouse in Clark Township, James A. Miller, Casper Extine and lloyal J. Williams; Troy, James Wells, Jordon II. Witt and Charles U. Porter; Auburn, Alex. K. Wilson, Andrew F. Downing and John M. Reeds; Millwood, William W. Haynes, Francis B. Clare and Thomas Jackman ; Truxton, Robert B. Allen, Williamson C. Giles and Henry Dewell; Nineveh, James C. Elmore, William W. Shaw and James Porter ; Louisville, John T. Kimler, J. S. R. Gregory and Samuel C. Motley, Sr. The elections were held accordingly, and on the 12th day of November the returns were canvassed, and out of 1,239 votes cast, it was found that 1,209 were for the adoption of the new constitution, and 30 against it.

Presidential Vote Of 1884

For the political phase of Lincoln County from 1836 to 1884? the reader is referred to the table showing the votes by counties at the presidental elections, found in the State history in this volume. In 1860, Abraham Lincoln, Republican, received only three votes.

An Anecdote

" One day last week a lady from below Troy was engaged in shopping here, and having occasion to make some purchases at C. M. Hamilton's, was waited upon in the most polite and accomplished manner by our venerable friend Mr. P. G. Shelton, who, we may observe parenthetically, is a candidate for collector. Mr. Shelton, with the grace of a Parisian, assisted the lady upon her horse, and by his actions and delightful conversation so captivated her that on her way home she stated to a friend that she would certainly see that her husband cast a solid vote of the whole family for Mr. Shelton. This news immediately reached Troy, and now observe the effects. On Thursday last, another very sprightly and charming lady, who lives about four miles south of Troy, and who we will call Mrs. J., for short - came to Troy on a shopping expedition, and the first persons she met were Prince Birkhead and Capt. Colbert. The former, in behalf of the livery stable, tried to outdo Mr. Shelton in politeness, in the way of assisting the lady to alight and in taking charge of her horse, the Captain, in the meantime, standing still and scratching his head in a bewildered manner, looking for an opportunity to show off in the same way.

" Mrs. J. intimated to him that he ought not to be outdone by Messrs. Shelton and Birkhead-^-that Mr. Shelton had made one vote by assisting a lady last week, and that he (the Captain) might do as well this week by following the same plan. The Captain acknowledged it, excused himself for not being as quick as his young friend, mentioned the infirmities of age, etc., and promised that he would get her horse and assist her when she

Tin* boy carried the note to the courthouse, and in a minute the Captain was seen coining down the street, bareheaded and on a full run - but, alas ! he was too late, as seventeen candidates had already gotten the horse, assisted the lady in the saddle, and she was going down the street toward home in a canter. It is hardly necessary to observe that the Captain was greeted with the cheers of the lucky seventeen."

Supreme And Circuit Courts

When the county of Lincoln was organized, in 1819, under the Territorial laws, it belonged to what was then designated as the Northwestern Circuit, including, probably, all the settlements in Missouri Territory north of the Missouri River. Under the State organization the county was made a part of the Second Judicial Circuit, and under this head the first term of the court was held in February, 1821. In 1825 the Legislature passed an act establishing judicial districts and circuits, and prescribing the times and places for holding courts. The act was approved February 5, and by its provisions the State was divided into four judicial districts - the counties of Callaway, Montgomery, St. Charles, Lincoln, Pike and Ralls composing the Second. In each of the four districts the Supreme Court of the State was to be held alternately - the sessions to be held in the Second District, at St. Charles, beginning on the fourth Mondays of April and October in each year.

Judicial Circuits. - The act also provided that the counties composing each judicial district should constitute a judicial circuit, and the time for holding the circuit court in Lincoln County was fixed on the first Mondays of February, June and October. Thus the districts and circuits remained, with additions of new counties, until 1835, when, by an act of the Legislature, approved March 17, the judicial districts and circuits were reorganized. The Second District was composed of the counties of Montgomery, Warren, Lincoln, Pike, Ralls, Marion, Lewis and Shelby.

The sessions of the supreme court for this district were to be held at Bowling Green, in Pike County, commencing on tke third Mondays of April and August in each year. The Second Judicial Circuit was composed of the counties of Montgomery, Warren, Lincoln, Ralls, Marion, Lewis and Shelby. The time for holding the circuit court in Lincoln County was fixed to commence on the first Mondays of March, July and November. Another reorganization of the judicial districts and circuits took place in accordance with an act of the General Assembly, passed in February, 1837, and in February, 1843, an act was passed to concentrate the supreme court. It provided that after that date the sessions of the supreme court should be held at Jefferson City only - to be held twice a year, commencing on the second Monday of January, and the first Monday of July in each year. The judicial districts for supreme court purposes were then abolished.

An act of the Legislature, approved March 27, 1845, provided that two sessions of the supreme court should be held annually, at the capitol of the State, commencing on the second Monday of January and the first Monday of July; and that two sessions should be held annually, commencing on the third Mondays of March and October, to hear causes from the Eighth Judicial Circuit, it being composed of the county of St. Louis only. This virtually divided the State into two supreme court districts - the one being composed of the county of St. Louis, and the other of all the other counties. The same act divided the State into fourteen judicial circuits, and made the third one consist of the counties of Marion, Ralls, Pike, Lincoln, St. Charles, Warren and Montgomery, and fixed the time for the holding of the sessions in Lincoln County on the fourth Mondays of April and September, of each year.

An act approved November 17, 1855, provided for the holding of two annual sessions of the supreme court " in the capitol, at the seat of government, on the second Monday in January and the first Monday in July," and also two sessions annually at the city of St. Louis, commencing on the third Mondays in March and October. Another act approved December 12, 1855, divided the State into sixteen judicial circuits, and made the third consist of the counties of Pike, Lincoln, St. Charles, Warren and Mont- gomery, and fixed the time for holding the sessions in Lincoln County, commencing on the second Mondays after the fourth Mondays of April and September of each rear. In L864 the law was amended so as t<> require two annual sessions of the supreme court to la> hold in the city of St. Joseph, commencing on the third Mondays i^ February and August. According to the revised statutes of L866, the State was divided into six districts, in each of which a district court was established, the particulars of which are beyond the scope of this work. At the same time the State wras divided into twenty judicial circuits, and the third was made to contain the counties of Pike, Lincoln, Montgomery, Warren and the Louisiana Court of Common Pleas. The time for holding the sessions in Lincoln County was fixed to commence on the second Monday of April and the fourth Monday in September in each year.

According to the revised statutes in 1872 (Wagner's Statutes) the State was divided into twenty-nine judicial circuits, and the nineteenth was made to consist of the counties of Lincoln, St. Charles and Warren, and the time for commencing the sessions in Lincoln County was fixed on the first Mondays after the fourth Mondays in March and September in each year. Afterward, by the revised statutes of 1879, the law was so amended as to make the nineteenth district consist of the counties of St. Louis, St. Charles, Lincoln and Warren, and the time for commencing the terms of the court in Lincoln County was fixed on the first Monday after the fourth Monday in March, and on the second Monday in October. Subsequently, by an act of the Legislature approved March 18, 1881, the law was again amended so as to take Lincoln County out of the nineteenth judicial circuit, and make it constitute a part of the third again. By this act the third circuit was composed, as it now exists, of the counties of Audrain, Montgomery, Lincoln, Pike, and the Louisiana Court of Common Pleas. The time for commencing the terms of the Lincoln Circuit Court is now fixed on the first Monday after the fourth Monday in March, and on the third Monday in September of each year. A list of the judges of the circuit court can be seen elsewhere in this work.

The first term of the county court, as has already been stated, was held on the 15th day of January, 1821, the law providing for its formation having been passed in 1820> It was composed of three justices of the county court, first appointed by the Governor and afterward elected by the people, and continued to be thus composed until 1825, when by an act of the Legislature, approved January 7, it was made to consist of all of the justices of the peace within the county. This act provided that the justices of the peace, or a majority of them, should meet on the first Monday of March, 1825, and designate not less than three nor more than seven of their number to serve as justices of the county court for the ensuing year, and that this designation should continue to be made at the first meeting of the justices of the peace in each year. The law also provided that there should be four terms of the county court held in each year, commencing on the first Mondays of February, May, August and November, and that each county should procure and keep a seal with such emblems and devices as it might desire. This method of composing the county court did not prove satisfactory, and the law being repealed, it did not continue later than 1830 after which the county court was composed of three justices of the county court as it was originally organized. An act approved March 7, 1835, provided that these justices should be elected for a term of four years, and that they should choose one of their number to act as president of the court.

The county court continued to be thus composed until it was reorganized under the new law of 1877. This law, entitled " An act to provide for a uniform system of county courts,"" approved April 27, 1877, provided that each county should be divided into two districts as nearly equal in population as possible, without dividing municipal townships; and at the general election in 1880, and every two years thereafter, there should be elected in each district an associate justice of the county courtv and that at the general election in 1882, and every four yearsthereafter, a presiding justice of the court should be elected at large. In accordance with this law the county court at its November term (1877) divided the county into districts, by an order, of which the following is a copy: "It IS ordered by the court that the municipal townships of Hurricane, Burr Oak, Snow Hill, Union, Waverly and Millwood constitute election district No. 1 of the county of Lincoln, and that the municipal townships of Monroe, Clark, Bedford, Prairie and Nineveh constitute election district No. 2, of said county, for the election of judges of the county court." The law of 1877 continues in force, and under its provisions the county court has been, and continues to be, composed. A complete list of the officers of the county court, from its organization to the present writing (1888), appears elsewhere in this work.

An act of the General Assembly approved in March, 1872, provided that counties might, by a popular vote, adopt "township organization," under which the county court would consist of all the justices of the peace, similarly as it did under the law of 1825. In accordance with the provisions of this act, Alfred H. Cheneworth, and 114 other citizens of the county, presented a petition to the county court at its August term, 1872, praying the court to submit the question of township organization to the qualified electors of the county. The prayer of the petition was granted, and the question ordered to be submitted at the general election in November of that year. The question was submitted accordingly, and when the election returns were canvassed by the court, it was found that a majority of the qualified voters were opposed to township organization.

Probate Business And Probate Court

The circuit court exercised jurisdiction over all probate business until the county court was organized in 1821. The latter court then assumed probate jurisdiction, and held it until 1825, when, by act of January 7, the Legislature created a separate probate court, and authorized the Governor, " by and with the advice and consent of the Senate, to appoint and commission a competent person as judge of the probate court in each county of the State, to serve four years." Under this act Hon. Gabriel P. Nash was appointed and commissioned, and held his first term of the probate court in June of that year. The court being abolished, he held his last term in September of the following year. The county court then resumed jurisdiction of probate business, and exercised it until the close of the year 1870, when the probate court, as it now exists, was first established. The first term of the present probate court began January 9, 1871. [See elsewhere in this work for list of probate judges.]

The first probate business transacted in Lincoln County was the granting of letters of administration to Dr. Benajah English, on the estate of Daniel Epps, May 10, 1819. The first petition for partition was presented in August, 18 19, by Benjamin O' Fallon, B. G. Farrar, Samuel D. Holmes and Thomas Hempstead ; and at its second term, August, 1819, when, upon petition of Benjamin O' Fallon, B. G. Farrar, Samuel D. Holmes, Thomas Hempstead and Charles S. Hempstead (all non-residents), for the partition of 3,056 arpents of land, being an undivided part of a tract of land, containing 7,056 arpents, granted to Augustus A. Chouteau, by Don Carlos Dehault De Lassus, late Governor of the Province of Upper Louisiana, and confirmed to said Chouteau, the Court appointed as commissioners to make such partition Prospect K. Bobbins, Joseph McCoy, Joseph Cottle, E. Collard and David Bailey.

The first guardian appointed in Lincoln County was James Murdock, who was appointed, in April, 1820, as guardian of Daniel, Joseph, Hynes, Clever and William Lynn, heirs under fourteen years of age, of William Lynn, deceased. Murdock gave bond for the faithful performance of his duties in the premises, in the sum of $1,000, with Samuel H. Lewis, Zadock Woods and Jacob Groshong as sureties.

First Wills Probated

The first record of wills found among the public records begins with 1825. The following is a list of the names of the first persons in the county dying testate, with the date of the probate of their wills annexed: Robert Robertson, June 8, 1825; James Paxton, November 5, 1827; Thomas McCoy, July 12, 1828; William Hammack, November 4, 1828; Daniel Moss, January 21, 1829; Abraham Hoff, April 5, 1830; Cary A. Oakley,

Civil Actions

The first civil action ever brought in Lincoln County was filed in the circuit court at its second term, being in August, 1819. It was entitled " William Howdeshell v.s. James White," pleas of debt for §200. The defendant filed his plea of payment, and the cause was continued to the next term, when it was submitted to court, neither party requiring a jury, and judgment was rendered in favor of the plaintiff for $100.50 debt, and $6.43£ damages.

First Criminal Proceedings

At the term of court referred to the grand jury found and returned indictments against William Petty, Isham Petty, James Petty, John Petty, Alexander McNair, Robert McNair and Moses Oldham, for "hog-stealing;" Washington Jameson for stealing a bridle, and two against Zadock Woods, for assault and battery. At the next term of court the defendants charged with hog-stealing were arraigned and granted separate trials.

The First Petit Jury

The first petit jury in the Lincoln Circuit Court was thus empaneled: Ira Cottle, foreman; John Lindsey, Guyan Gibson, Jacob Williamson, George Jameson, Samuel Gibson, Robert Jameson, Sr., Thacker Vivion, Isaac Cannon, Ahijah Smith, Hugh Barnett and Andrew Cottle. Before this jury defendant Bobert McNair was tried, and the following is a copy of the verdict: "We, the jurors, find the defendant not guilty of any of the charges against him in the indictment, and furthermore that the prosecutors pay the costs of suit." Accordingly, the prisoner was dismissed, and judgment for the costs was rendered to Christopher Clark and Jeremiah Groshong, the prosecutors. When the cases against the other defendants were called the prosecuting attorney dismissed them, there not being sufficient evidence to convict either one. In each case the costs were adjudged against the prosecutors, Clark and Groshong. Zadock Woods was then tried on one of the cases against him for assault and battery, and was acquitted. To the other case he plead guilty, and was fined $1 and costs. This was the first criminal conviction in the Lincoln Circuit Court.

At the next term of court, December, 1819, the grand jury returned presentments against the following parties for the following violations of law, viz. : Joshua N. Bobbins, for Sabbathbreaking; James McCoy, assault and battery (three cases); James McCain, immorality; Zadock Woods and Alex. B. Faith, assault and battery; Seth Allen and Lee F. T. Cottle, selling liquor without license. It is not deemed necessary to follow the result of these cases. The early criminal cases were mostly, as they are now, for assault and battery, larceny, and selling liquor without license, the greater number being for the latter cause.

Miscellaneous Items

In January, 1822, the county court, under an act of the Legislature, pointing out the manner in which executions might be stayed, and how the sale of property under execution should be made, appointed the following persons to appraise all and every manner of property taken under execution in their respective townships : For Bedford - Christopher Clark, John Hunter and Andrew Cottle; Union - Samuel Gibson, Philip Sitton and Thomas Hammond ; Hurricane - Francis Riffle, Jonathan Cottle and Elijah Myers; Monroe - Thomas Slayton, Samuel Bailey and William Talbert.

The first foreigner naturalized in Lincoln County was Eleazer Block, a late citizen of Germany, who, on the 6th day of February, 1827, appeared before the county court and declared his intention to become a citizen of the United States, and took the oath of allegiance thereto.

Dram Shops. - At the November term, 1841, of the county court, licenses were granted to Bradford and Robert Thornhill, and Joseph Youngblut, to keep dram shops for a period of six months. The Thornhills were charged $15.50 for State purposes, and the same amount for county purposes ; and Youngblut was charged $15.02^ for State, and the same for county purposes.

In searching tin* reoordH, those appeared to be Dm first Licenses granted for keeping dram shops; l>ut Lioenses had, from the organization of 1 1 1 * * county, been granted to individuals to keep "tavern,*1 which answered all the purposes Cor the accommodation of " tipplers/1

( Criminals to Break Rooks. - At the May term, 1882, of the county court, the following order was niade and entered of record: " Ordered that the sheriff of this county cause any [>erson or persons, who have been convicted and sentenced by a court of competent jurisdiction, for crime, the punishment of which is defined by law to be a fine, to break rocks for macadamizing purposes, and work out the full number of days for which they may be sentenced ; and if the punishment is by fine, and the fine be not paid, then for every dollar so fined said prisoner or prisoners shall work one day." The sheriff was also ordered to furnish a supply of rocks in the jail yard for the purpose of keeping such prisoners employed.