Pettis County, Missouri - Chapter 39: Bench and Bar, 1919

EARLY DAY PROCEEDURE- FIRST COURT HELD AT ST. HELENA, FIRST COUNTY SEAT - COUNTY SEAT AT GEORGETOWN FROM 1837 TO 1869 - COUNTY COURT - RECORD OF FIRST CIRCUIT COURT - OTHER TERMS - SEDAL1A, THE COUNTY SEAT - COURT OF COMMON PLEAS - PROBATE COURT - CRIMINAL COURT - PRESENT COURT OFFICERS - ATTORNEYS SINCE ORGANIZATION OF COUNTY - PRESENT ATTORNEYS OF PETTIS COUNTY.

The early courts were of the most primitive character, and judicial procedure in accordance with the simplest forms. The proceedings in court trials partook largely of the character of courts-martial, being arbitrary and strictly in accordance with both letter and spirit of the law. Jury trials were conducted according to the simplest forms - the jury, as a matter of fact, acting merely as a board of arbitration. The court dockets were not cumbered with long lists of causes, for the judges promptly declined to consider causes not strictly within the bounds of equity. The result was that the business of the courts was dispatched with rapidity and promptness, and conclusions reached by the shortest and simplest methods.

By act of the Legislature of Missouri, January 26, 1833, Pettis County was organized, comprising all the territory within the present eastern, northern and western boundaries, and extending south to the middle of the Osage River. The house of James Ramey at St. Helena, then known as Pin Hook Mills, situated eight miles north and one mile east of Sedalia, was designated as the place where the courts should be held, until the tribunal transacting business for the county should establish a tem¬ porary seat of justice.

By act of the Legislature, December 3, 1834, the temporary seat of justice for Pettis County was continued at St. Helena, until the perma¬ nent seat of justice should be selected and established, and Joseph S. Anderson, of Cooper County; John Stapp, of Lafayette County, and John Rucker, of Howard County, appointed commissioners to select a site for permanent seat of justice.

By authority of the act above mentioned, the business of the county was transacted at St. Helena, until 1837, when by act of the Legislature Georgetown was selected as the permanent seat of justice for Pettis county, and a substantial brick building was erected for the accommo¬ dation of the courts and county officials. The frame work of the building consisted of beams of hewn timber framed together and anchored in the walls.

Georgetown remained the permanent seat of justice for Pettis County from 1837 to 1865, when by act of the State Legislature it was removed to Sedalia.

The act of the Legislature of Missouri, January 26, 1833, which pro¬ vided for the organization of Pettis County, and the establishment of a temporary seat of justice, also created the county court, and empowered the governor to appoint judges therefor, to serve until the general election in the county, which was ordered to be held in 1834. As before mentioned, the place selected temporarily for the transaction of the business of the county, was St. Helena, and times for holding the county courts, the third Mondays in February, May, August and November.

In compliance with the above act, the governor appointed James Ramsey, Elijah Taylor, and William A. Miller judges of the county court, and the first session was held on the third Monday in February following.

In 1833 three judges were appointed, viz.: James Ramsey, appointed 1833, served until 1838; Elijah Taylor, appointed 1833, served until 1838; William A. Miller, appointed 1833, served until 1838. The County Court, at present, has jurisdiction over all county business and is composed of the following judges and officers. Presiding Judge, Frank F. Hatton ; judge eastern district, Edgar G. Leftwich; judge western district, William A. Triplett; county clerk, Newton P. Elmore, with James Eagan as deputy.

By act of the Legislature of Missouri, February 9, 1833, Pettis County was placed in the Fifth Judicial Circuit, consisting of the coun¬ ties of Carroll, Clay, Clinton, Ray, Jackson, Lafayette and Saline, but by act of March, 17, 1835, the Legislature created the Sixth Judicial

The records state that no bills were found by the grand jury, and the only business transacted by the court was the case of William Heald vs. James Williams, appealed from justice's court. Entry: "Dismissed at the request of the parties." The remainder of the business transacted by the court consisted merely of the enrollment of James H. Birch and Hon. Henderson Young (afterwards judge of that court), as members of the Pettis County bar. Length of term, one day.

The second term, November 11, 1833, and third term, March 10, 1834, were held at St. Helena. Ryland, judge; Jenkins, sheriff, and Fristoe, clerk. Lasting one day each, and no important business transacted.

The fourth term, July, 1834, and fifth term, November 10, 1834, were held at the same place as above mentioned, lasting two days each. Ryland, judge; William R. Kemp, sheriff; Fristoe, clerk.

Seventh term, held at St. Helena, September 17, 1835. Hon. Charles H. Allen, judge; William R. Kemp, sheriff; Amos Fristoe, clerk. Term, two days.

Tenth term, held at St. Helena, March, 1837. Hon. John F. Ryland presented his commission as judge of the Sixth Judicial Circuit, and Henry Childs presented his commission as circuit attorney for same. Kemp, sheriff ; Fristoe, clerk. Term, one day.

By act of the Legislature of Missouri, March 13, 1867, the Court of Common Pleas for Pettis County was established, and R. G. Durham appointed judge of that court by Governor Thomas C. Fletcher in April following. He served till January 2, 1869, and was succeeded by John S. Cochran, who was elected for four years.

By an act of the Legislature, March 12, 1870, the Court of Com¬ mon Pleas was invested with original jurisdiction as court of probate, and the county clerk was made ex-officio clerk of probate.

In 1873, Judge Cochran was succeeded by W. H. H. Hill, but by act of the Legislature, March 8, 1873, the common plea jurisdiction of the court was abolished, leaving only probate jurisdiction, and the judge was made clerk of his own court; all other business was transferred to the Circuit Court.

In 1876, by authority of a special act of the Legislature, certain counties (including Pettis) elected judges of probate for four instead of two years, resulting in a change of the time of election of probate judges in those counties to the middle of the term in all other counties. In order, therefore, to establish uniformity in length of term and time of holding elections for probate judges in all the counties of the State, the Legislature, in conformity with the new Constitution of the State, passed an act making the tenure of probate judges in Pettis and the other coun¬ ties in which elections were held in 1876, as aforesaid, two years for one term, beginning January 1, 1881, and four years thereafter.

Under the provisions of this act, therefore, the election of probate judge in Pettis County took place, and Judge John A. Lacy was re-elected to serve from January 1, 1881, to January 1, 1883.

Under the present law governing Probate Courts, the probate judge serves for a term of four years. This court has jurisdiction over all probate matters, and Hon. Eugene W. Couey is the present probate judge, with Miss Kathryn Connelly as clerk.

The Criminal Court: The territory within the jurisdiction of the Criminal Court comprised Pettis and the other counties composing the Sixth Judicial Circuit, and also Johnson County. It was established by act of the Legislature, March 18, 1875, and in January, 1875, W. H. H. Hill, of Sedalia, was appointed judge thereof, and under that appointment served until January, 1877. By election in 1876, Judge Hill was made his own successor for a term of four years, but died in September, 1880. Under the present law, Pettis County constitutes the Thirtieth Judicial Circuit of Missouri, with jurisdiction as follows:

"Second - Exclusive original jurisdiction in all civil cases which shall not be cognizable before the County Courts, Probate Courts and justices of the peace, and not otherwise provided for by law.

"Third - Concurrent original jurisdiction with justices of the peace in all counties and cities, in all civil actions for the recovery of money, whether such actions be founded upon contract or tort, or upon bond or undertaking given in pursuance of law, in any civil action or proceed¬ ing, or for any penalty or forfeiture given by any statute of this State, when the sum demanded, exclusive of interests and costs, shall exceed fifty dollars, and does not exceed the maximum jurisdiction of justices of the peace in like cases in any such county or city; and also in all such cases where the sum demanded, exclusive of interests and costs, is less than fifty dollars, and wherein there are two or more defendants, not all of whom reside in the same county. And of all actions against any railroad company in this State, to recover damages for the killing and injuring of horses, mules, cattle or other animals, without regard for the value of such animals, or the amount of damages claimed for the killing or injuring of same. And in all actions and proceedings for the recovery of specific personal property, when the value of the property sought to be recovered, and the damages claimed for the taking or detention of same, and for injuries thereto, shall exceed the sum of fifty dollars, and does not exceed the maximum jurisdiction of justices of the peace in like cases in any such county or city.

The following are the court officers and the terms of Circuit Court: Hon. Hopkins B. Shain, judge; George W. Driskell, clerk; W. W. Bolton, sheriff; W. P. Kimberlin, official stenographer. First Mondays in Feb¬ ruary, May, October and December for civil cases, and first Mondays in January, April, June and November for criminal cases.

The Pettis County Bar Association is in keeping with the high class of men composing the Pettis County Bar and is one of the best organi¬ zations of its kind in Missouri. The purposes of this organization is best explained by quoting the preamble to the association's constitution, which is as follows: "In order to promote and maintain dignity, honor, learn¬ ing and skill in the profession of the law; to foster and protect pro¬ fessional and business interests; to encourage social intercourse; to pro-

H. T. Williams was the organizer of the association in 1908. He drafted the constitution and by-laws and was its first president. The organization has had but three executives. The first, H. T. Williams; the second, Charles E. Yeater, who was elected in 1916 and who re¬ signed when he left Sedalia to take up his duties as vice-governor of the Philippine Islands, and was succeeded by Judge Henry Lamm, in August, 1918, the present president. Carl Hoffman is the present secre¬ tary. The membership consists of the attorneys residing in the county.