Rocky Fork Township (part 2 of 2)

O. B. Ilulen^ - Of Sturgeon, owns a fine jet-black stallion^ Blackbird, sixteen and a half hands high, bred and raised in Montgomery county, Kentucky, and of the best *« all purpose" horses to be found anywhere. He is of the old Cannon Whip and Calk's Halcorn stock. Mr. Ilulen is also a great stock trader, buyer and shipper. Sturgeon is one of the most famous stock-shipping i points of its size in this State, and Mr. Hulen aud numerous other

Sheep

McQuitty's Flock, - Mr. D. W. McQuitty, of Missouri township, began to breed sheep in 1874. He imported his first flock of Spanish-Merinos from Ohio in 1877, which were of the Atwood & Robinson blood, of Vermont. In 1882, he imported a flock of the same blood from Vermont, the pedigrees of which are entered in the Vermont Sheep Register. His stock buck, Eureka, whose sire was imported direct from Spain, was purchased by Mr, McQuitty from J, James, of Middlebury, Vermont, and the rest from S. James and W. W. Peet, both of whom were breeders of Spanish-Merino sheep. Mr. McQuitty makes a specialty of these breeds, first, for size; second, for constitution ; third, for length and fourth for weight of wool.

Bass's Flock. - William H. Bass, of Cedar township (now of Columbia), brought the first Southdown sheep to Boone county in 1855. This was, perhaps, the first importation of Southdown into this State.

It is not pretended that this brief chapter is anything like a full statement of the live-stock interests of this county ; but it embodies such an outline as could be gleaned from the meagre notes furnished. Many persons were written to in various parts of the county who did not respond, consequently they cannot complain because no mention is made of their stock. Boone is one of the best stocked counties in Missouri, and comes more nearly up to *' old Kentucky " realizations than any of her sisters.

(7. B. Hulen^ - Of Sturgeon, owns a fine jet-black stallion. Blackbird, sixteen and a half hands high, bred and raised in Montgomery county, Kentucky, and of the best «« all purpose" horses to be found anywhere. He is of the old Cannon Whip and Calk's Halcorn stock. Mr. Hulen is also a great stock trader, buyer and shipper. Sturgeon is one of the most famous stock-shipping points of its size in this State, and Mr. Hulen and numerous other dealers there contribute, by their liberal purchases, to make it one of the best markets on that line of road.

McQuitty^s Flock, - Mr. D. W. McQuitty, of Missouri township, began to breed sheep in 1874. He imported his first flock of Spanish-Merinos from Ohio in 1877, which were of the Atwood & Robinson blood, of Vermont. In 1882, he imported a flock of the same blood from Vermont, the pedigrees of which are entered in the Vermont Sheep Register. His stock buck, Eureka, whose sire was imported direct from Spain, was purchased by Mr. McQuitty from J, James, of Middlebury, Vermont, and the rest from S. James and W. W. Peet, both of whom were breeders of Spanish-Merino sheep. Mr. McQuitty makes a specialty of these breeds, first, for size ; second, for constitution ; third, for length and fourth for weight of wool.

Bass's Flock. - William H. Bass, of Cedar township (now of Columbia), brought the first Southdown sheep to Boone county in 1855. This was, perhaps, the first importation of Southdown into this State.

It is not pretended that this brief chapter is anything like a full statement of the live-stock interests of this county ; but it embodies such an outline as could be gleaned from the meagre notes furnished. Many persons were written to in various parts of the county who did not respond, consequently they cannot complain because no mention is made of their stock. Boone is one of the best stocked counties in Missouri, and comes more nearly up to ** old Kentucky " realizations than any of her sisters.

Source changes here: from The Bench and Bar of Boone County, Missouri; Including the History of Judges, Lawyers, and Courts, and an Account of Noted Cases, Slavery Litigation, Lawyers in War Times, Public Addresses, Political Notes, Etc, by Gentry, North Todd, published 1916; 4,213 words in this source stream.

Rocky Fork Township

as in the building used by the Sturgeon court of common pleas, in justice of the peace offices and in many of the school houses of the county. The opera houses at Ashland, Rocheport and Centralia have often been used ; and the shade trees of Harrisburg, Deer Park, Engle¬ wood, Brown Station and Jacob's pasture have furnished temporary quarters for litigants and attorneys in warm weather.

Old Todd House

A picture of the residence of Roger North Todd is shown in this book, and the same is interesting for several reasons. It is sit¬ uated on the south side of Broadway, between Third and Fourth streets, Columbia, and it was erected by Mr. Todd in 1823. It is, therefore, one of the oldest buildings now standing in Boone county. One room of this house was used as an office by Mr. Todd, and the deed records and court records were kept there for many years. This office was the occasion for the law suit between Mr. Todd and the county, which is told in another part of this book. The building was afterwards added to on the east and used as the residence of Col. Francis T. Russell; and the name of another attorney is connected with the house; D. W. B. Kurtz, Jr., was born there. The place is now known as the Geo. W. Smith property.

Court House Of 1824

" Boone county's first court house stood on the public square in Columbia, a short distance West of where the Baptist church was erected, after the first court house was torn down. I think I first saw it about 1833. I once saw it on fire. F. A. Hamilton, then sheriff, ^ as on the roof, and a large crowd of people had gathered around. Hamilton shouted for more water, which was brought in buckets and the fire on the shingle roof was put out.

The building was an old-fashioned square, two-story, brick structure, hip-roofed, with a sort of round box at the apex of the roof. It faced Walnut street at the point of the ending of Guitar street. I think it lasted about twenty-three years ; being erected soon after the removal of the townsite from Smithton to Columbia; and was torn down after the erection of the present court house in 1847. The material in the old house was sold to Rochford and hauled to a \ acant lot where he built with the old brick, a very good dwelling

Judge David H. Harris

"In the old court house there was a door to the west, one to the north and one to the east. The ground floor was paved, about two-thirds of it, with brick. In this lower story there was erected an inner court in the north end of the room, semi-circular in form, and of curious and quaint construction. This inner court was for the judge on the bench, which was very much elevated; the clerk' just below him; and the sheriff and deputies; lawyers, litigants, witnesses and jurors. The rest of the crowd in attendance were barred out; and had to remain down some two feet below, on the brick pavement on the ground floor. The prisoner occupied what was called the pris¬ oner's dock, and was seated across the room from and opposite the witness chair, presumably in order that he might 'confront his ac¬ cusers'. At the first term of circuit court held in this building, I am told that Judge David Todd presided, and James Barnes was sheriff. The old court house got in a dangerous condition, and would shake in time of storm. I once saw Judge Leland, the clerk, sheriff, four or five lawyers, several witnesses and jurors run a race, trying to get out of the building during a severe wind storm. After the wind had ceased, some of the lawyers jokingly told the judge that was not the legal way to adjourn court; but the judge replied that self-preservation was the first and most important law he had learned.

"The public records were kept in the one-story, brick building, which was covered with a tin roof, and stood some distance south of the courthouse; and the log jail, then called 'goal', was kept by John Kelly, afterwards by Hezikiah Speeks, and was situated some distance to the east and north of the present court house, on the court house square.

"In August, 1843, Col. Thomas H. Benton (for whom I had the honor to be named), passed through Boone county in a stage coach, and made a political speech in this court house, and a crowd listened to him. He stated that there were persons present who would live to see the day that 'a person with a loaf of bread and a ham of meat could make the journey across the plains'. He thus predicted the building of the Pacific railroad, which has been built, and the journey is now one of only a few days in sleeping and dining cars, instead of one of several weeks in a stage coach, or still longer in ox wagons. Benton also said that the day would soon come when a railroad would be built through our state along the bank of the Missouri river. And now we have a railroad along each bank of that river, practically all the way across our state. This speech of Senator Benton oc¬ casioned much merriment and criticism from his political enemies.

"By the way, Boone county needs a new court house again, which I hope will be voted and built on the old site in the center of the old square where the first one stood. T. B. Gentry/'

The county court records do not contain any description of the court house of 1824, neither can any contract for its erection be found. Though the records show that there were some differences between the county court and the builders, who were then called "undertakers". The court made an order empowering Jno. B. Gor¬ don, "commissioner of the seat of justice", to look after the interests of Boone county. As far as the records show, Mr. Gordon was the only man who held this position.

In 1847, after the new court house was completed, the lawyers held a farewell meeting in the court house of 1824, at which Sinclair Kirtley presided; and speeches were made by Jas. S. Rollins, Wm. A. Robards, Jas. M. Gordon, Samuel A. Young and Thomas P. Giles. The old court house was. then torn down.

Court House Of 1847

The court house of 1847 was erected partly on the public square and partly in Eighth street, and the same was used as a court house until 1909, when it was torn away. Having some sentiment, and the State University just having been completed a few years before, and it being at the south end of Eighth street, our people erected this court house at the north end of Eighth street. The center door of the court house was due north of the center door of the University, and the two were just one-half mile apart. The court house had a cupola, and in 1859 Jas. L. Stephens (father of our fellow-countyman, E. W. Stephens) contributed the money, purchased a clock and this "town clock" was used by the public just one-half a century.

The dedication of the court house of 1847, occurred on Monday, November 22, 1847, the day that the county court accepted the build¬ ing and paid the balance due the contractors. At this meeting, Hon. Alexander Persinger, presiding judge of the county court, presided; Rev. Moses U. Payne acted as chaplain ; and music was furnished by Judge Jesse A. Boulton's singing class. Dr. William Jewell, su¬ perintendent of the building, made a speech presenting the keys of the building to the county court, and Judge Persinger responded. Other speeches were made by Wm. F. Switzler, Jno. B. Gordon and President Jno. H. Lathrop, of the University. W. M. Winter was architect of this building ; Larkin Richardson, contractor for the stone

In this court house, the old lawyers used to tell how they, and those who practiced earlier than they did, "rode the circuit," in com¬ pany with the judge. They told of the unbridged streams they crossed, of the wild prairies and thick forest they passed through, of the storms they weathered and of the meager accommodations they found at the crossroad taverns. They said that sometimes days were spent traveling from one town to another; and lawyers, jurors and witnesses must needs wait till the waters or snowdrifts or muddy roads would permit them to proceed on their journeys.

Here the lawyers used to listen to Judge Burckhartt, during recess, tell his hunting and fishing stories, especially the stories about his wonderful dog, "Old Charlie". Here Judge Burckhartt decided that the words of a song were admissible in evidence, as tending to prove the character of the woman who sang that song. Here Judge Hockaday decided that a Baltimore Jew should be sworn, seated and with his hat on, when he said that the administration of an oath in that manner was the most binding on his conscience. Here Judge Waller said that the judge of a court who could not take notice of and did not know that a half pint of whisky was less than three gallons, was a very poor judge. Here we heard Hon. Ben M. Anderson, pre¬ siding judge of the county court, decide that a proposed road was of great public necessity, if it passed near a church, a school house or a drug store. Here Coroner D. E. Hulett, while holding an inquest, peremptorily instructed the jury to find that, under the law and the evidence, a certain negro man was killed by his son but that the shooting was done in self-defense. And here Dr. W. Pope Yeaman, lawyer, minister and statesman, delivered such an eloquent and learned speech on the gold standard in 1896 that he was invited to and did visit Ohio, Indiana and other states, and delivered said speech ; it being considered the best and most logical exposition of the doctrine of those who were opposed to the free and unlimited coinage of silver at the ratio of sixteen to one.

On February 22, 1876, a most interesting performance was given in the circuit court room, termed a "Reception to President and Mrs. Washington". Many of our citizens, prominent among whom were the members of the Boone county bench and bar, dressed in "ye olden style", and represented the heroes and heroines of 1776. The char¬ acters represented and those who impersonated them were as follows : Maj. Jas. S. Rollins and wife represented President and Mrs. Wash- ington ; Mr. and Mrs. R. B. Price represented Thomas Jefferson and wife; Judge and Mrs. Geo. W. Trimble represented John Adams and wife; Thomas B. Gentry and wife represented General and Mrs. Mifflin; Col. Wm. F. Switzler and wife represented Benjamin Frank¬ lin and wife; Dr. Paul Hubbard represented Dr. Benjamin Rush; Col. E. C. More and wife represented General and Mrs. Lafayette ; Judge Philemon Bliss represented John Jay; Jno. M. Samuel repre¬ sented General Knox; Warren Switzler acted as Washington's private secretary; Lewis M. Switzler was "Tom Collins"; and our brother Jas. C. Gillespy took the part of John Hancock. Patriotic music was furnished by Mrs. E. C. More, and by the Misses Russell, daughters of Col. Francis T. Russell.

There have been held in this old court house proceedings before referees, proceedings in bankruptcy, trials before the police judge, preliminary examinations in felony cases, gravel road meetings, water works meetings, municipal ownership meetings, railroad meetings, fair association meetings, farmers' alliance meetings, state grange meetings, the state meeting of the Mexican War veterans, the state meeting of the ex-Confederate veterans, teachers' meetings, local option meet¬ ings, anti-local option meetings, civic league meetings, Fourth of July celebrations, Washington's Birthday celebrations, old settlers' re¬ unions, and republican, democratic, greenback and populist conventions and ratification meetings almost without number. The great pianist, Blind Boone, gave his first public musical entertainment in the county court room.

In 1892, when the main building of the State University was destroyed by fire, the different churches of Columbia opened their houses of worship to different classes, and the county court turned over the two court rooms to the law department, and Judge Alexander Martin, Judge Jno. D. Lawson and Prof. Jas. A. Yantis lectured in said rooms. So it is a fact that not only mule cases were tried in the court house, but "mules" were there taught the study of law.

On five occasions, our people have been called together, and, in this building, without regard to political ties, have given expression to their sorrow over the death of our national officials, Presidents Lincoln, Garfield and McKinley, and Vice Presidents Hendricks and Hobart. Similar meetings have been held on occasions when some of the prominent citizens of our county have died, Jno. H. Lathrop, Warren Woodson, Jno. W. Harris, James Harris, Jno. M. Samuel, Jas. S. Rollins, John Hinton, Robert L. Todd, Jas. L. Stephens, B. McAlester, W. Pope Yeaman, Wm. F. Switzler, Odon Guitar and others. Here, the lawyers have always met after the death of a brother lawyer, and, laying aside whatever differences they formerly entertained, have taken appropriate action regarding the loss of one with whom they labored. And here memorials have been prepared and resolutions adopted regarding the death of Judge David Todd, Judge Wm. A. Hall, Judge Geo. H. Burckhartt, Judge Jno. A. Hockaday, Judge P. H. McBride and Judge Philemon Bliss.

Some noted men in state and national politics have made speeches in the court house, viz., Hon. Jas. M. Seibert, Hon. Elijah Gates, Hon. Sam B. Cook and Judge Wm. H. Wallace, Senators James Shields, F. M. Cockrell, Wm. J. Stone and Jas. A. Reed, Lieut. Gov¬ ernor Chas. P. Johnson, Governors Chas. H. Hardin, A. P. Morehouse, David R. Francis, A. M. Dockery, Joseph W. Folk and Elliott W. Major, Congressmen Jno. B. Clark, Jno. B. Clark, Jr., John Cosgrove, Jno. T. Heard, LT. S. Flail, David A. DeArmond, James Cooney and D. W. Shackelford, and Consul General E. C. More to democratic audiences ; while Governors B. Gratz Brown and Herbert S. Hadley, Senators Carl Scurz, Jno. B. Henderson and William Warner, Con¬ gressmen Jas. S. Rollins, D. Pat Dyer, Chas. G. Burton and Jno. P. Tracy, Mayor C. P. Waldridge, Lieut. Governor, formerly State Treas¬ urer, J. F\ Gmelich and Hon. Charles Nagel, Secretary of Commerce and Labor, made speeches to republican audiences. C. H. J. Taylor and J. Milton Turner, both colored lawyers, have made democratic speeches in the county court room ; and Nelson Crews, also colored, has there made two or three republican speeches. In fact, so many public functions have here been held, and so many men of state and national reputation have taken part in those functions, that the Boone county court house became one of the historic buildings of Missouri.

At the front door of this building, sheriffs, special commissioners, trustees, executors, administrators and guardians have conducted pub¬ lic land sales ; and shortly after the Civil War, several indolent persons were sold, by authority of the vagrant law. In 1872, the Boone County & Jefferson City Railroad (now the Columbia branch of the Wabash) was sold at that door, at public auction under the mortgage. Our county surveyor has there conducted the public letting of contracts for bridges; and all kinds of chattels have there been sold by sheriffs and constables. In 1905 the Columbia & Cedar Creek Turnpike was sold at public auction at the front door. And finally, on August 17, 1908, this building, itself, was sold by Sheriff F. Rothwell at auction, under the order of the county court, and purchased by Fyfer & Cal¬ vert, administrators of the estate of J. Th. Fyfer deceased, at the price of seventeen hundred and fifty dollars. Dr. William Jewell, who was superintendent of the construction of this building in 1846-7, had inscribed on a marble slab, "Oh Justice, when expelled from other habitations, make this thy dwelling place", and this slab was placed over the entrance of the front door of the building, and was sold with the building. But the Fyfer heirs presented that slab to Boone county, and the same has been appropriately placed in the south en¬ trance of the court house of 1909.

On Saturday night, June 19, 1909, the lawyers of Boone county held a farewell meeting in the old court house and a number of vis¬ itors were in attendance. On that occasion, C. B. Sebastian spoke on "The Court House Before the War", Judge Lewis M. Switzler spoke on "The Court House During the War," and N. T. Gentry spoke on "The Court House Since the War". A flashlight picture of the lawyers, seated in their accustomed places, was attempted to be taken by Joseph L. Douglass, but unfortunately some mistake was made, and the picture was worthless. The lawyers then adjourned to the Gordon hotel, where a banquet was held, at which Judge E. W. Hinton acted as toastmaster, and some more humor and eloquence was indulged in.

On the Monday following, the work of wrecking the court house of 1847 began. It having been reported that certain old coins, news¬ papers and a bottle of whiskey had been deposited in the corner-stone of the court house, a crowd was daily in attendance and eagerly watched the workmen as they removed parts of the court house foundation. But they were disappointed , for neither old coins, newspapers nor spiritious liquor was found.

Court House Bell

For many years the court house bell, which hung in the cupola of the court house of 1847, was rung for various purposes. Every morning it announced the time for the opening of circuit court, also at the opening of the afternoon session, and the night session. Then it was rung whenever a public meeting was held in the court house; it was rung in time of fire ; and during the Civil War, it gave the alarm when soldiers were coming. It always rung the old year out and the new year in : but the old bell ceased to be used when the court house was torn down and it is now in the possession of J. K. Fyfer.

Not only were lawyers notified to come to court by the ringing of this bell, but it was the custom for the sheriff to go to the south window of the court house and call a tardy attorney three times. This was specially noticable with reference to two attorneys, and some per¬ sons thought that court could not be held without their presence. One day Judge Hockadav told the sheriff to call J. DeW. Robinson; when

The law suit with Circuit Clerk Todd over the payment of rent for an office caused the county court on May 11, 1835, to appropriate eight hundred dollars "for the purpose of building two fire-proof clerk's offices for the county of Boone, 18 by 36 feet." Jno. B. Gordon and Oliver Parker were appointed commissioners to contract for and super¬ intend the erection of said building. It was a one-story building, with a shed room in the rear; and it stood on the same ground where in 1872, the two-story brick clerk's office building was erected.

In 1872, the two-story clerk's office building was erected at the southwest corner of the public square, some twenty feet west of the court house. This building cost sixty-three hundred dollars ; J. W. Kneisley was the contractor and Jno. M. Samuel was appointed special commissioner to superintend it. The circuit clerk, recorder and county clerk occupied rooms on the first floor, and the probate judge, prosecu¬ ting attorney, public administrator and surveyor occupied rooms on the second floor.

Court House Of 1909

After three unsuccessful elections, the people of Boone county held a fourth election on September 30, 1905, and decided to build a new court house. It was erected on the public square in Columbia, some two hundred feet northwest of the old clerk's office building, which stood just west of the court house of 1847. The new court house was built by J. A. McCarter, contractor, under the direction of J. H. Felt & Co., architects, at a cost of one hundred and nine thousand dollars. The new court house was dedicated on the first day of the June term (Monday, June 21st) of the circuit court, 1909. Court was opened by Judge N. D. Thurmond, who presided ; James E. Boggs was clerk, Wilson Hall was sheriff, and G. B. Sapp, deputy sheriff. After the formal opening of court on that day, an adjournment was had till that afternoon, when Judge Lewis M. Switzler presided, and Rev. W. S. St. Clair acted as chaplain. A poem was then read by Miss Julia Turner, now Mrs. Dennis Craighead, daughter of Presiding Judge Charles C. Turner, of the county court; and speeches were delivered by E. W. Stephens, Frank G. Harris, William Hirth, Judge Jno. S. Bedford, Judge Wm. F. Roberts and Dr. A. W. McAlester. Music on that occasion was furnished by the Sturgeon brass band.

As the court house neared completion, the county court employed Fount Rothwell to act as superintendent, and then employed him to level and beautify the court house grounds.

One of the first social functions held in the court house of 1909 was given in December. 1909, by the "Possum Club," a new social organization, which has passed out of existence. R. B. Price was elected president of this club, and Hon. Frederick W. Lehmann, of St. Louis, Hon. Jas. A. Reed, of Eansas City, Hon. W. D. A andiver, of Cape Girardeau, and Judge W. M. Williams, of Boonville, were among tne orators at the possum party. Other visitors were from Mexico, Jefferson City, Fayette, Moberly and Kirksville; and all en¬ joyed the fat Boone county possums. A flash light picture of this company was taken, and the same may be seen in many law offices in Columbia. Members of the Boone county bar, who belonged to the 'Possum Club, were E. W. Hinton, W. H. Rothwell, H. A. Collier, Boyle G. Clark, J. P. McBaine, R. B. Price, Jr., Curtis B. Rollins, M. R. Conley, William Hirth, E, M. Watson and N. T. Gentrv; and Judges C- C. Turner, S. N. W oods and Jno. S. Bedford, of the county court. Chief Justice Lamm, of the Missouri Supreme court, was invited to be one of the speakers, but was unable to attend. The following is his letter of regret :

Lour letter of the 2/th was delayed because of coming here in a lound-about va\ z'ia Sedalia. It is impossible for me to accept vour attractive invitation to address the Columbia 'Possum Club at its first annual meeting on December 6, 1909. I take it the invitation meant that I was not only invited to speak but to eat. Now a new club is likely to be hatched under auspicious circumstances. Doubtless there will be a feast of reason and a flow of soul plus a feast of viands and other flow^s with a brilliant assemblage of orators and wits - and it is hard luck to not be able to attend. Maybe I never will get another invitation, because, however select your company, it stands to reason there may not be as many holes as there are pegs. However it be, the facts are as stated.

This court is too far behind in its work for as humble a member as I am to slip his collar and harness, jump the fence and canter about in fresh fields and pastures new.

l he 'possum as an edible is prized by some epicures but he has more attractions to me than as a mere article of food. His mildness under affliction is a cardinal virtue. Smitten on one cheek he turns the other. Dead, he comes to life again. He is the only animal knowm to me that ever had the honor of originating a policy for statesmen and I think you have done very well to commemorate him by making him a part of the style and name of your firm.

The next important function held in the new court house was the celebration of Missouri Day, August 10, 1910, under the auspices of the Old Settlers' Association of Boone county. Thos. S. Carter, vice president of the association, presided on this occasion, and speeches were made by Chas. M. Hay, of Fulton, Judge Wm. F. Roberts, of Hallsville, and Walter Williams and Frank G. Harris, of Columbia. Patriotic music was furnished by Mrs. C. B. Sebastian, and Misses Frances L. Denny and Madge Mundy, all of Columbia. At twelve o'clock, the ladies of Columbia served a dinner, which fully sustained their reputation in that line and was appreciated by lawyers as well as laymen.

Much of the credit for the success of the last court house election wras due to General Guitar, L. T. Searcy, then county clerk, Frank G. Harris, then prosecuting attorney and Fount Rothwell, then sheriff.