Macon County, Missouri - Chapter 4, 1910

Eariy Courts anp Recorps - First [NDICTMENT FOR MURDER - SOME QUAINT Court Orpers - Necro SENTENCED TO TERRIBLE PUNISHMENT - THE Mormon TRIAL ar MoccasiNvILLE - A cT OF LEGISLATURE REPEALED By County Court - Last REPLEVY OF A SLAVE IN. MISSOURI.

In the developing stages of a new country the authorities were largely guided by individual judgment rather than precedent. "They did not receive every morning a newspaper telling how other tribunals had done things, or how communities elsewhere had settled certain exigencies. They had to think and act for themselves. Sometimes their work seemed queer, or even harsh, but equal and exaet justice was the stern aim of the pioneer, and, according to his lights, that was the law of the frontier community.

Small, worn and yellow are the queer old volumes in which Macon county's early history was recorded, but the draftsman did his work with a conscientious exactitude excelling many of the modern writers of county archives. During the youth of the nineteenth century penmanship was not a general accomplishment. Many of the ancestors of families now prominent and highly cultured signed with their mark. While the writing of the early seriveners was not beautiful, nor always easily deciphered by laymen, yet it fully met the requirements of the law, and many times, through excess of caution, went even beyond The pioneer official took his position seriously. The fact that he held court "in a grove" or 'fon a rail fence," as they sometimes say, did not at all detract from the solemnity of the work in hand. If a sheriff or a witness were absent the derelict was promptly fined. The records for the first two or three years of the Cireuit Court contained many such entries, and there are hardly any instances where the fines were remitted. The sheriff had to be on hand when wanted and so did everybody else in anyway eonneeted with the eourt.

The Macon County Court was organized and met at the residence of Joseph Owenby on Monday, May 1, 1837. There were present on that occasion John S. Morrow, Joseph Owenby and James Cochran, justices; Daniel C. Hubbard, clerk, and Jefferson Morrow, sheriff. The sheriff made a proclamation, formally opening the court. The first order direeted the laying off of Macon county into townships, providing a place of election at some pieneer's home in each township. In Middle Fork township the place of voting was at the residence of Thomas Gee, and the time the first Saturday in June, when the people would vote for three justices of the peace of that township. James P. Holly, Thomas Gee and John Coalter were appointed judges of the election,

At that first session of the country court William H. Rowland made application for a license to keep a grocery at his "stand in Macon county"; was granted upon his paying a state tax of $10, the county tax, "and beer allowed by law."

Jefferson Morrow, the sheriff, gave a bond of $1,000 for his faithful performance of his duties as sheriff and as ex-officio collector. His sureties were Johnson Summers, John S. Morrow, and Joseph J. Morrow.

This is the first order for a publie road: **On motion of the petitioners, ordered by the eourt, that Aaron Gee, Robert Vanskike, George Reynolds, Joseph P. Holly and James Rowland, or any three of them, after being duly sworn, to proceed to view and mark out a way for a road, commencing at Jones' mill on the Middle Fork of Salt River, by Centerville. and thence to Frederick Rowland's, passing on the south of said Rowland's; thence by Daniel Crawley's, and to intersect the Bee road in the Grand Prairie, the nearest and best way, and as little as may be to the prejudice or injury of the several proprietors of land on said road as may be, and that they report to the court their proceedings at the next term, according to law."

The Bee road ran along the divide, through the heart of where the city of Macon is now. It was a landmark for the pioneer. It was up and down this road he would travel, following the bee trace in search of honey.

It was ordered that all elections in Chariton township be held in the house of Abraham Morris, the first election to be held the first Saturday in June to elect two justices of the peace for that township. Johnson Summers, Clayborn Wright and Richard Summers were appointed judges of the election.

It was directed by the court that an election be held the first Saturday in June to eleet three justices of the peace of that township. William Sears, Jesse Gilstrap and Canaday Owenby were appointed judges of the election.

The court ordered that elections in Jackson township be held at the house of Nathan Richardson on the first Saturday of June next for the purpose of electing one justice of the peace. Nathan Richardson, Elvan Allen and John Walker were appointed judges.

The eleetion in Independence township was held at the house of Bird Posey; one justice was elected. Abraham Dale, Charles Hatfield and Fisher Rice were appointed judges.

In the township of Pettis, the election was held in the house of Horton Partin. One justice was elected, Martin Partin, Robert Miller and Isaac Hargis were the judges. (Pettis township was afterwards added to Adair county.)

The judges for Gocean township were Samuel Eason, John Lesley and James Cochran. One justice was elected, (Gocean township was afterwards annexed to Adair county.)

The next term of Macon County Court was held July 3, at the residence of D. C. Garth, which was officially made the place for holding courts. There were present Justices John S. Morrow, James O. Cochran, and Joseph Owenby; Daniel C. Hubbard, the clerk, and Jefferson Morrow, sheriff. The first order directed the dividing of Middle Fork township for the purpose of forming another township, to be known as Narrows. It was ordered that all elections in Narrows township be held at the house of Simeon Cannon, and that there be an election held on the first Monday in August next for the purpose of electing one justice of the peace of that township. Frederick Rowland, John Morrows and Lloyd Coalter were appointed the judges.

It was ordered that William J. Morrow, Joseph J. Morrow and Richard Summers, or any two of them, after being duly sworn, shall mark and lay out a way from the county seat to intersect the county line dividing Macon and Randolph counties, the nearest and best way so as not to be too much to the prejudice of the people living on said route. The commissioners were ordered to report at the county seat the third Monday in July. Election judges in the township were appointed as follows: Chariton - Abraham Morris, John Summers and Ninevah Summers; Liberty - William Garrett, Tyre Dabney and James Holloway; Jackson - John MeNeeley, Felix Baker and Elvan Allen; Independenee - William Smith, James Riley and Thomas Williams; Pettis - Hardin Hargis, Elisha Chambers and Robert Miller; Goceean - Samuel G. Eason, John Lesley and James Davis.

The Cireuit Court was organized August 17, 1837. It is interesting to note that at that distant period the number of the judicial district is the same as it is now, the second, though in the interim it had been changed from the second to the eleventh and afterwards to the twentyseventh.

The Honorable Thomas Reynolds was judge of the first Circuit Court ever held in Maeon county. He was appointed by Governor Lilburn W. Boggs, on the 27th day of January, 1837. Judge Reynolds took the oath of office before William Taylor, a justice of the peace of Howard county on **seventh day of February," the same year he was appointed. g

Following is a roster of the first Grand Jury summoned into Judge Reynolds' court: James Wells, foreman; James Riley, Macajah Hull, Canaday Owenby, James A. Terrill, Nathaniel Richardson, Nathan Dabney, Jesse Gilstrap, Isaac Gross, Thomas J. Dabney, John F. Northup, Richard Calvert, William Smith, Birdrich Posey, Thomas Williams, Lewis Green, James T. Halley, James A. Griffith, Stephen Gipson and David Young.

There was very little business for the first twelve months. Most of the indictments were for gambling and betting, for stealing hogs and for neglecting to take out a license to do business. There were seventeen civil and ten criminal ca called for trial. Running down the minutes a few years, however, it will be noticed that there was a constantly increasing business in the Circuit Court. During the April term, 1838, when court met in the house of Dabney C. Garth, Daniel Murley, was tried on an indictment charging him with ''setting up a gambling device." After a solemn trial he was found guilty and sentenced to **pay a fine of one cent and be imprisoned one minute." The sheriff was ordered to take the unfortunate defendant into his custody until he had met the full demand of the law. "There was no jail in Macon county at that time, and it is stated that the sheriff let his prisoner serve out his sentence by taking him home to dinner with him.

James A. Clark was appointed Cireuit Attorney for the August term of court. At that time a set of rules was adopted governing procedure in attachments, continuances, depositions, injunctions, motions, and ''the practice at law.''

Tt was ordered that the clerk keep a record of all the attorneys admitted to practice at this bar and it was made the rule when presenting motions that ''attorneys shall have precedence, according to the time of their admission, beginning with the first admitted and proceeding to the end of the roll; the roll shall be called by the clerk on the morning of each day of the term."

Section 2. "The attorney-general or the circuit attorney shall have precedence in all eases in whieh the state is a party and shall be called first."

Judge Reynolds signed the proceedings for the August term, 1838. At the April term, 1839, Honorable Thomas C. Burch, produced his commission as judge of the Eleventh Judicial Distriet (to which it had been ehanged), issued by Governor Boggs. Judge Burch took the oath before Austin A. King, judge of the Fifth Judicial District.

**Whereupon the court doth assess his punishment at a fine of $3; it is therefore considered by the court that said state recover against the said defendant said sum of $3 as aforesaid assessed for the use of Macon eounty, to be rendered and she have exeeution and the said defendant in mercy, ete."

He was acquitted. It was against the law to trade with Indians because in some sections certain settlers would give the Indians whisky for blankets and beads and things, and the liquor would make the Indians troublesome.

At the August term, 1842, when James A. Clark was judge and B. F. Stringfellow circuit attorney, Nathan, a slave, was delivered into the eustody of the court by his bondsman. The slave was the property of Rebecca Matthews. He was charged with a nameless erime. The defendant was tried, found guilty and the court ordered his mutilation on the 30th day of September following. There were several other moves in the case, but finally the sheriff was allowed $25 for expenses and, it is presumed, the severe order of the court was carried out. Something like this had happened a few months previous in Callaway county.

Reverting to the County Court record of June 17, 1839, a unique order will be found. The justices were Elvan Allen, Philip Dale and Lyn Dabney. They calmly proceeded to abrogate certain acts of the state legislature which did not appear to them to be in the interest of Macon county. The County Court's orders annulling the acts were as follows:

** Ordered, that the law passed by the legislature of 1838 and 1839 respecting groceries and dramshops be null and void in the county of Macon.

"Ordered, the law passed by the legislature on the 13th of February, 1839, respecting the pay of Grand Jurors is hereby rejected and that there shall not be any compensation allowed them for their services."

As far as can be ascertained the state of Missouri never raised any protest against the improvements suggested by the Macon county justices. Nothing much was thought of the order until recent years, when it was commented upon by some people who were overhauling the old records as a curiosity.

"John Halley and George Halley appeared in open court and chose William Smith, a resident of the state of Missouri, and Macon county, their true and lawful guardian to transact their certain business concerning a certain legaey which is belonging to them in the state of Kentucky.

of Circuit Court, 1849. C. H. Hardin was the circuit attorney. The indictment was a little different from those in use nowadays. A portion of it reads as follows:

"Oliver Perry MaGee, late of the county of Macon aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 10th day of December, 1848, with force and arms at the county of Macon aforesaid, in and upon one Thomas Jefferson White, in the peace of God then and there being, feloniously, wilfully of his malice aforethought by lying in wait, did make an assault, and that he, the said Oliver Perry MaGee, with a certain knife of the value of 10 cents, which he, the said Oliver Perry MaGee. in his right hand then and there had and held, the said Thomas Jefferson White, in and upon the left side of the body of him, the said Thomas Jefferson White, and also in and upon the back near to the backbone of him, the said Thomas Jefferson White, and also in and upon the left shoulder near to the point of said left shoulder of him, the said Thomas Jefferson White, then and there feloniously, wilfully, of his malice aforethought, and by lying in wait, did strike, thrust, stab and penetrate . . . Giving to the said Thomas Jefferson White then and there with the knife aforesaid, two other mortal wounds, of which several mortal wounds, he, the said Thomas Jefferson White, then and there instantly died; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said Oliver Perry MaGee, him, the said Thomas Jefferson White, in the manner and by the means aforesaid, feloniously, wilfully, of his maliee aforethought, and by lying in wait, did kill and murder, against the form of the statute in such cases made and provided, and against the peace and dignity of the state."

The first deed recorded in Macon county conveyed from John and Rachel Gross forty acres of land in township 58 to William Sears, for the sum of $125. The transaction was recorded January 21, 1837. One acre of that land is now worth nearly as much as the entire forty brought.

In June, 1838, the County Court ordered that ''the county seat be called and known by the style of Bloomington." Previous to that the place had been called **Box Ancle." According to Wash Moody, who eame from Wayne eounty, Kentucky, to Missouri, in 1842, the original name of the plaee was suggested by the people sitting on dry-goods boxes, there being no chairs at that period. "They would sit around on boxes," said Mr. Moody, **with their ankles bent so that their heels would be against the box and their toes on the floor. There was some connection between the box and the peculiarity of the ankle when sitting, and from this sprung the queer name."

At the August term, 1838, the County Court ordered a temporary court house to be built at Bloomington on Lot 1, Block 3, agreeable to the plan of Joseph Owenby, supervisor, to-wit:

Twenty feet wide and 30 feet long; one room 18x20; one room 12 feet square; one room 8x12 feet; the lower floor to be of good seasoned oak plank, with sufficient joint; four doors and three windows; one stack ehimney where the walls separate each room.

The contraet required the building to be put up in a workmanlike manner, with good shingles, chinked and plastered with a first-elass quality of lime.

Tt was not much over a year, however, before the above building was inadequate and at the November term, 1839, the court ordered the construction of a brick house, 45 feet square and two stories in height. The cost was to be $3,000. Robert George was superintendent of the construction. That affair, which was quite elaborate for its day, was not completed until 1852.

The county seat was removed from Bloomington to Macon in 1863, by aet of the Legislature. Following are the Circuit Court entries bordering the removal:

"January 16, 1863. Court adjourned pursuant to adjournment, Hon. George H. Burckhartt, judge, presiding. The Grand Jury having finished their business and there being no further business before

**September. 1863. Be it remembered that at the regular term of the Macon County Circuit Court begun and held at the court house in the town of Macon, on the 28th day of September, 1862, Hon. G. H. Burckhartt, judge, presiding. W. T. Gilman, elerk, and William Holman, sheriff, the following proceedings were had, to-wit:''

The third court house of Macon county was erected at Macon in 1864-5, following the removal of the county seat from Bloomington to Macon. The cost of this last building was $30,000, It is made of brick and stands today, handsome and useful, though of a somewhat antiquated type. It is stated that its Circuit Court room has better acoustic properties than can be found in many of the latter day court houses of the state. An annex was built in 1895 at a cost of about $7,000. This was for the purpose of providing more room and greater safety for the records of tne Probate Court and the county records, which had grown to be voluminous. The new court house is fireproof. In its basement is the heating apparatus for both buildings.

The most sensational proceeding of an official nature in the early days was the trial of a party of Mormons who were passing through Missouri after the exodus from Nauvoo, Illinois. This exodus began in 1846, and followed some highly exciting proceedings in the Illinois town. The western states were much stirred up over the Mormons, and in many sections they were looked upon as outlaws. This party which came through Macon county comprised twelve men and four women. They camped at Moccasinville, where it was charged that they became very boisterous. They were constantly firing their guns and pistols, and proclaimed loudly what they had been doing and were going to do. Their captain, LaFollette, was an aggressive sort of a man, and seemed to defy the authorities. It was decided to arrest him. The constable of Liberty township, Samuel Parker, was commissioned to bring LaFollette before the court, which he did. William Blackwell was the justice. LaFollette pleaded not guilty. He secured as his counsel A: L. Gilstrap and another attorney of Bloomington. The formal charge was disturbing the peace and dignity of the state. Samuel Fox and J. N. Brown, of Bloomington, conducted the prosecution. During the trial there was a great deal of excitement lest the Mormons should attempt a rescue of their leader. Capt. W. C. Smith of Narrows township marched into Moccasinville one day at the head of a strong military company, and camped in town during the trial, so as to be on hand in ease of an emergency. The Mormon leader introduced by oral testimony some of the articles of his faith, which he said gave his people the right to discharge artillery or weapons of any sort that would make a noise at sunrise and sunset each day, except Sunday. He said that in doing so he and his men were simply performing a religious rite, a right guaranteed them by the constitution of the United States.

The jury in Justice Blackwell's court, however, was not in sympathy with sueh religious eeremonies and they fined the pugnacious Captain LaFollette $75, a tremendous penalty in those days. However, Judge Blackwell agreed to remit half the fine if Captain LaFollette and his noisy erew would take themselves out of the country in a hurry. This agreement was made and the Mormon pilgrims lost no time in obeying the order of the court.

The following entry in the minutes of Macon County Circuit Court, made on March 30, 1864, is said to be the final offieial order in Missouri recognizing the right of slaves:

«J. D. Vaughn, plaintiff, vs. Ewing Littrell, defendant. At this day comes the parties herein, by their attorneys and by mutual consent of the parties judgment is rendered against the defendant for the negro woman sued for, and the plaintiff pays costs of this suit, for which execution is ordered."

The controversy between Vaughn and Littrell over the possession of a woman slave arose during the winter of 1862. The slave's name was Mary. She escaped from Vaughn's plantation near College Mound and came to Macon. There she met and hired to Littrell as a domestic. Littrell was a strong abolitionist, and, feeling certain at that stage of the war, that the government would uphold him in his efforts to preserve the fugitive's freedom he decided to hold her at all hazards. A good negro was worth considerable money, and Vaughn felt like he couldn't afford to lose so much property. So he immediately set out on the hunt of his slave. It was not a hard matter to trace her to Littrell's house. When the owner of the negro arrived there, Littrell told him that Mary had decided to stay and he defied Vaughn to take her. Vaughn consulted Major B. R. Dysart, then a young attorney who had just moved from Bloomington to Macon along with the county seat. Vaughn insisted that the attorney should get out for him a writ of replevin for his slave. At that period President Lincoln had given his word that all negro slaves should be liberated, the Emancipation Act to go into effect January 1, 1863. Major Dysart knew that it would be treading on thin ice to do as his client demanded, and naturally he hesitated. For the purpose of carefully feeling his way he consulted with Col. R. J. Ebberman, who was the provost marshal, and asked him if civil writs would be executed. Colonel Ebberman said that such were his instruetions from Governor Gamble. He told Major Dysart to ''go ahead and get your nigger."

**No. 3039. Joseph D. Vaughn, plaintiff, vs. Ewing Littrell, defendant: Order of delivery. The state of Missouri to the sheriff of Macon county: You are hereby commanded to take the following slave, to-wit : Mary, age about thirty years, of the value of $500, from the possession of the defendant if same be not delivered you by him, and deliver her to the plaintiff upon his giving the bond required by law, and you will make return of this order before the Judge of our Circuit Court on the fourth Monday in March, 1863, certifying how you have executed the same. And you are further ordered to summon the defendant to appear on said day to answer the petition of the plaintiff for the unlawful detention of said property.''

Littrell promptly heard of the issuance of the writ and began studying how to thwart it. There was a company of Iowa troops in Macon on their way southward. They were camped in the west part of the city. Littrell went out and had an interview with the commanding officer, and asked him if he wouldn't assist him in protecting Mary from falling back into the hands of a slave owner. The Union officer turned to his men and asked them what about it. They unanimously agreed to stand between Mary and slavery. Littrell was told to go home and rest content - that Mary should not be disturbed by any efforts her "Rebel" owner might make. Littrell sent word to the sheriff, William Holman, that he would not surrender Mary. Holman understood that his authority would be resisted by the Iowa soldiers. He went to Colonel Ebberman, the provost marshal, and asked his guidance. Colonel Ebberman said:

"That writ is issued under the authority of the laws of Missouri, under which you and I are acting. How many soldiers will you need to enforce it?"

Holman stated as near as he could the number of Iowa troops who had pledged themselves to support Mary. Colonel Ebberman detailed a like number from his own command to as the sheriff. Holman was a Union man, but not an abolitionist. It is said that the job to retake Mary was entirely agreeable to him. He carefully selected his men from the provost marshal's guard, mounted his horse and led the way to

Littrell's house. Skirmishers were thrown out, and the approach cautiously made, as it was supposed a pitched battle would ensue with the Iowa troops. However, not à gun was in sight; not a soldier appeared to challenge the sheriff's posse. Holman knocked londly on the door and Littrell came out. He was somewhat disappointed over the failure of his Iowa friends to redeem their promise, but thought maybe they had another plan and would resene the negro later on. Mary was found hidden away in an old barn. She accompanied her captors without much fuss, merely expressing her opinion that as long as ** Massa Linkum sot de niggahs free, Ah's gwine to run away 'gin de fust chanct Ah gts."

Mary was placed between two soldiers. The sheriff then turned and led the march up the road, passed the Iowa soldiers and on to the jail. With his posse was a drummer boy, who vociferously pounded all the way in order that the Iowa troops might be awake and make such objeetions as they cared to.

The parade attracted a good deal of attention as it passed through the city. Many people thought the slave was going to be publicly flogged and some prepared to get up a vigorous protest. When at last the sheriff directed the soldiers towards the jail a crowd of several hundred followed to learn what the trouble was. "The sheriff placed Mary safely behind the bars, turned the key and then went out and made a speech to the erowd, in which he thanked the soldiers for their assistance in ''upholding the law of the land," and admonished the spectators to be good citizens and not to take too much interest in things which did not concern them. The crowd apparently was with Holman, as they cheered him repeatedly.

Vaughn came to Macon and claimed his property after paying all the financial costs of procedure, It was not long after that, however, before Mary was given her freedom again under the general proclamation. She remained with her former master quite a while, receiving wages for her work.