Linn County, Missouri - Chapter 10: Those Who Held Office and Secured the Emoluments, 1882

Chapter 10: Those Who Held Office and Secured the Emoluments

Cotmtij Judges, Sheriffs, Clerks, Treasurers, etc., - Senatorial and Congressional Districts - Senators and Representatives - Present Congressman and the Vote - Judicial Ci7Xiiit - Judges and Attorneys - The Full List of Patriots Who Served the People, for the Honors and Salaries Attached - History of the Probate Court.

County Judges

1840 - Alexander Ogan, presiding justice; John J. Flood and Thomas Barbee. Thomas Barbee resigned May 5, 1841, and the Governor appointed C. C. P. Hill.

1858 - S. P. Phillips, presiding justice; Joseph C. Moore and William M. Maxwell. William M. Maxwell resigned July, 1860, and James A. Maddox appointed. James A. Maddox resigned February 3, 1862, and James M. Brj-an appointed.

1864 - James M. Bryan, presiding justice; John Botts and Harrison E. Bigger. John Botts resigned June 4, 1866, and William B. Brinkley appointed.

1867 - Carlos Boardman, probate judge; presiding justice County Court. Harrison E. Bigger and O. P. Louthon. O. P. Louthon resigned December 21, 1868, and Daniel Beals appointed. Daniel Beals resigned May, 1870, and T. B. L. Hardin appointed.

County Commissioners

The county attorneys, but principally the county clerks, held the position from time to time, by appointment from the County Court, the present^county clerk being the county commissioner.

Svtamp Land Commissioners

Carlos Boardman, resigned January 1, 1867, and Chester Pratt appointed 1867. Harvey and Black were elected afterward but never qualified. William G. Gooch elected November 18, 1874. J. D. Shifflett, November, 1880.

Judges Of Probate Common Pleas Court

1870 - William A. Shelton, Putnam county, Radical. 1874 - E. F. Perkins, Linn county, Democrat. 1878 - Andrew Mackey, Chariton county. Democrat. 1882 - Election to be held November next.

Senatorial Districts

The first senatorial district in which Linn county was connected was of the counties of Macon, Livingston, and Linn. In 1842, Grundy county was added to the list, it having been organized the year before. In 1853, the district was again changed, and was known as the Tenth Senatorial District, and composed of the counties of Macon, Chariton, and Linn, This remained until the year 1865, when Sullivan and Putnam counties were added, and Macon taken oif; the counties composing the district being Chariton, Linn, Sullivan, and IJutnam. This remained until 1881, when tlie legislature failing to district the State, the State officers, Governor, Secretary of State, and Attorney-General, as required by the constitution, met and performed the work. This took from this district Putnam county, leaving Chariton, Linn, and Sullivan as the Sixth State Senatorial District.

Congressional District

The State Convention, which convened in Jefferson City, June 2, 1862, among its many acts, districted the State into congressional districts. Linn

was at first placed in the Seventh Congressional District, but the matter was amended the next day, and Sullivan county was placed in the Seventh Congressional District, and Linn in the Eighth.

The State was divided into nine congressional districts, and the Eighth was composed of the following counties: Linn, Schuyler, Scotland, Clark, Adair, Knox, Lewis, Marion, Shelby, Macon, Randolph, and Howard.

This was the first time the State had been made into congressional districts. Prior to this the members had been voted fur by the State at laro-e.

This remained as the Eighth District until after the census of 1870, when the State being entitled to thirteen members, it was redistricted, and Linn county was placed in the Tenth Congressional District, composed of the following counties; to-wit, Randolph, Chariton, Linn, Sullivan, Mercer Grundy, Livingston, Daviess, and Harrison; nine counties in 1870 composed the district, and in 1860, some fifteen constituted the Eighth Congressional District. Missouri is expected to gain one member of Cono-ress by the census of 1880, if not two, but the redistricting is not likely to be accomplished in time to have it published in this work, but it is not likely to affect this district very seriously. The present congressman from this district is the Hon. Joseph H. Burrows, of Mercer county, in politics a Greenbacker, who was elected by the combined Republican and Greenback vote. His majority in the district was sixty -five, as follows:

At this writing Congress is in session, and the member from this district is proving himself a capable and diligent representative of the people. He succeeded the Hon. Gideon F. Rothwell, of Randolph county, a Democrat.

Ix What Districts

Linn county is placed politically and judicially in the following districts: Sixth State Senatorial District. Tenth Congressional District. Eleventh Judicial District.

Circuit Court

The county was organized December 26, 1836. Wliile a County Court convened on the first Monday in February, 1837, it was not until December that the Circuit Couft met.

However, on Monday, the eleventh day of December, 1837, the first Circuit Court commenced its sitting, at the house of Thomas Barbee, the Hon,

The first act of the court was to empanel the grand jury, and the following persons were sworn and charged by the judge as the first grand jury of the Linn County Court; to-wit, Augustus W. Flournoy, foreman; John M. Ogan, Medium Tyler, Kinith Bagwell, Jeremiah Hooker, Samuel S. Masses, Alexander Ogan, Bowling H. Ashbrook, K. Ashbrook, William Cornett, Abraham Venable, George Taylor, Isaac Taylor, John Beckett, John Cherry, Uriah Head, Rennison J. Tisdall, Littrel B. Cornett, and William P. Sutherland.

The first case which came before the court was that of Thomas Stanley v. Thomas Bolts. The defendant tiled his plea of not guilty and justification. The case was continued to the next term of the court, held August 13, 1838, when it was decided in favor of plaintifi", by a jury of twelve good, true men ; to-wit, John Ogan, James C. Slack, Johnson McCowen, Rennison J. Tisdall, Preston O'Neal, James M. Warren, Jeremiah Phillips, Jefierson Hancock, William Smith, William Clarkson, Whorton R. Barton, and John Neal. They gave plaintifi' six hundred dollars and cost of suit, and the judgment was paid September 26, 1838. John W. Minnis got eleven dollars and twenty-five cents for his services as sherifi".

The second case on the docket was the partition of 3,680 acres of land, which read as follows: "This day comes the petitioners, and it appearing to the caurt that the said Caton Usher, Missouri Lathrom, and John Lathrom, are seized in fee of one- third undivided part in the following described lands." Then come the description of twenty-three quarter sections, and the number of acres above given. Augustus W. Flournoy, Jesse Bowj'er, and Whorton R. Barton were appointed commissioners to divide the same. That ended the business of the first session of the Circuit Court of Linn county.

At the second term of the court, the rules of practice of the court were entered of record, covering five pages of book " A." With the above, and settling the Stanley case, and approving the bonds of the clerk and sheriff", nothing further was done at the second term of the court. Another grand jury was present, but neither the first nor the second returned any indictments. At the third term of the Circuit Court three indictments were found. One against James Nichols, for selling liquor without license; one against Robert Young Watson and Joseph Newton, for an affray, and one against E. T. Dennison, for assault and battery. Dennison called for a jury, and twelve "good and lawful" men brought him in guilty, and assessed a fine of one dollar. Watson and Newton were discharged, and James Nichols owned up guilty for selling liquor without a license, and was mulct in the sum of $20.

A Mr. Jacob Langtield failed in business, and the December term of the Circuit Court was taken u]) about half the time on attachment suits against him, no less than nineteen of these suits being entered against him at that term of court. The grand jury, also, for the firtst time returned indictments, true bills, against no less than twelve persons, for betting at cards, and in April following thirty more came forward under a like charge.

There is a sort of tradition that the Urst Circuit Court was held in the present town of Linneus, under the friendly shade of an oak tree, and it may have been so; but that session of the Circuit Court is not of record, if it was ever held. The first case of record is given; but, as that was in the month of December, the value of the "friendly shade of an oak tree " is not apparent to the writer. The tree, at the time spoken of, was an ornament standing just north of the public square. There was only one case which came up for trial, and that was a suit on a promissory note. The jury, it was stated, returned a verdict, but unfortunately the person who gave us the information was not able to state whether it was the plaintiff or the defendant who won. The court, at this time spoken of, was in session only about two hours.

In 1843 the time for holding the Circuit (^ourt for the Eleventh Judicial District was changed from the second Monday in April, August, and December, to the third Monday in April and October, for Linn county. The Eleventh District was then composed of the following counties; to-wit, Grundy, Livijigston, Linn, Adair, Macon, and Chariton.

In 1849 the legislature passed an act changing the time once again for holding the court, and also changed counties composing the Eleventh Judicial District. This act, which was approved March 7, 1849, changed the terms of holding the Circuit Court in Linn county to the first Monday in April and October, and made up the following counties to compose the Eleventh Judicial Circuit: Chariton, Linn, Livingston, Grundy, Mercer, Dodge, Putnam, and Sullivan. This change took efiect from the fourth day of July, 1849.

A Change

At the session of 1868-69 the time of holding the Circuit Court was again changed from the first Monday in April and October, to the first Monday in June and December, and all the writs issued returnable at the April term were made returnable at the June term. This seemed to settle the Circuit Court business in this district for a number of years. There was no mention of a change in the counties composing the district, and it remained in that shape until the meeting of the General Assembly of 1880-81, when the counties composing the Eleventh Judicial Circuit were again changed. It is now composed as follows: Chariton, Linn. Sullivan, Grundy, and Mercer. This act was approved March 4, 1S81, There were changes made by this act in the time of holding the court in several of the counties composing the district, but Linn remained the same as heretofore, since 1S69.

Prior to the year 1853 all business of a probate character was transacted by the County Court. In pursuance of the provisions of an act approved February 3, LS53, an officer was elected on the first Monday in August, 1853, styled the probate judge of Linn county. Bythisact the County Court was required to direct the county clerk to deliver over to said probate judge all original papers on file in his office relative to all estates of deceased persons, orphans, minors, idiots, persons of unsound mind, and apprentices, and all other persons relative to the subjects over which the probate judge had direction, and the jurisdiction formerly had by the County Conrt in such matters was transferred to the Probate Court.

The powers conferred upon the probate judge by this act were very -comprebensive. In addition to those enumerated above, he had jurisdiction in action of assumpsit for all demands claimed to be due administrators, guardians, and curators, in their respective characters to the amount of two hundred dollars, and had concurrent jurisdiction in equity with the Circuit Court in all matters and controversies properly cognizable in courts of equity of the State, according to the rules of practice which govern courts of chancery in which administrators, executors, guardians, and curators, were necessarily ]3arties. He could also hear and determine appellations for injunctions, habeas corpus^ ne exeat, and was also ex officio a justice of the peace for the township in which his office was kept.

This act was materially modified, if not repealed by implication, by an act approved March 19, 1866, in which the Probate Court was still retained as a separate court, and the judge thereof was styled the judge of probate, and by an act of the above date the judge of probate was made ex officio president of the County Court.

The first judge of the Probate Court of Linn county was Judge Jacob Smith, who was elected in 1853 and who was subsequently circuit judge. The second was Judge Thornton T. Easley, who was elected in 1857 and who had for his clerks A. W. MuUins, Esq., and G. W. Easley, Esq. In 1861 Judge William H. Brownlee was elected judge of probate, and resigned, and Judge George W. Stephens was appointed his successor, but served only a short time, owing to some provision of the law disqualifying him, and Judge James T. Jones was appointed in his stead. In 1866 Judge Carlos Boardman was elected, and was succeeded by Judge Ell Torrance, who was elected in 1870. In 1874 John B. Wilcox was nominated for probate judge, but afterward ascertaiiiiui^ tliat he was ineligible on account of nut being old enough, declined the nomination, and Judge J. D. Shifilett was selected to make the race in his stead, and was elected at the o-eneral election of 1874, and had John B. Wilcox for his clerk during his term of four years.

Prior to the ado]>tion of the new coustitution of 1875, there was no uniformit}- as to the courts having probate jurisdiction, in some counties the Probate Court being a separate and distinct court, and in others it being connected with the county or common pleas court, but the new constitution provides that there shall be a separate Probate Court in eacli county of the State.

The Probate Court has jurisdiction overall matters pertaining to probate business, to granting letters testamentary and of administrators, the appointment of guardians and curators for minors and persons of unsound mind, the probating of wills, the sale and leasing of lands by administrators, and guardians and curators, the settling of the accounts of administrators, executors, guardians, and curators, and over all matters relating to apprejitices. The judge of probate has also the right to solemnize marriages.

He is also empowered to appoint commissioners to set apart homesteads and dower to M'idows and minors, to present claims due estates to be compromised, and in general to make such orders as he may deem advantageous to estates in the collections of debts and the distribution of personal property.

Owing to the enlarged powers conferred upon the probate judge, and the fact that in the course of one generation all the property in the county passes through administration under the guidance of the probate judge, liis office is one of the most responsible in the gift of the people, and there is scarcely any one but who, at some time in his life, is interested in the estate of a decedent or in the management of the property of minor children. Xot only are the rights of creditors, heii'S, devisees, legatees, and distributees, committed to those concerned in the business of administration and guardianship, bnt the titles to real estate sold by administrators, guardians, executor, and curator, depend, in a great measure upon tiie accuracy with which they comply with the requirements of the statute. Owing to the fact that the most of the proceedings had before the Probate C(jurt are e.r-parte in their character, that is where only one side of a case is represented, and where the lips of the deceased are sealed in death, and his beneficiaries a widow or minors, it is all important that the probate judge guard with a jealous care, and scrutinize closely the actions of administrators and guardians, who, either through ignorance or dishonest}', might subject the interests conlided to them to irreparable injury, and sweep away the accumulated earnings of years of privation and toil, and thus deprive the innocent and happy of that comfort and ease which had been the object of years of anxious solicitude and unremitting industry on the part of the departed, the thought of whom had lightened many a weary year's toil and sweetened many a bitter cup.