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Chapter 3:

Early Records & Public Buildings

We plead guilty to possessing much of the antiquarian spirit, " old wine, old books, old friends," are the best, you know. We love to sit at the feet of the venerable old pioneers of the country, and listen to the story of their early exploits, when the fire of youth beamed in their eyes, and the daring spirit of adventure quickened their pulses. How they fought with savage Indians and prowling beasts to wrest this goodly land from the primeval wilderness as a rich heritage for the children to come after them; how they hewed down the forest, turned " the stubborn glebe," watched and toiled, lost and triumphed, struggled against poverty and privation to bring the country into subjection to civilization and enlightened progress, all this has an absorbing interest to us. Much as modern literature delights us, we had rather talk an hour with one of these venerable gray-beards, who are found here and there, as the scattered representatives of a purer and more heroic age, than to revel in the most bewitching poem that ever flashed from the pen of a Byron or a Poe, or dream the time away in threading the mazes of the plot and imagery of the finest romance ever written. Moved by this kind of a spirit, we have been delving among the musty records of the county and circuit courts, where we found many an interesting relic of the past history of the county, some of which we here reproduce.

FIRST COUNTY COURT.

The first county court of Monroe county was held at the house or Green V. Caldwell, on Saturday, February 26, 1831. Andrew Rogers, John Curry and William P. Stephenson had been commissioned justices of the court by Gov. John Miller, and all were present and took their seats. They were commissioned to serve four years, unless sooner removed according to law. The court, after organizing, appointed Ebenezer W. McBride clerk of the court, who immediately executed a bond in the sum of $3,000, with Edward M. Holder, David Gentry, Richard Cave and Christopher C. Acuff as sureties. The appointment of McBride was all the business transacted by the. court at its first term. During vacation, and on March 25th following, the court having failed to appoint an assessor for the county, E. W. McBride, the clerk, appointed John S McGee assessor to that office.

The next regular term of the court was held on the 2d day of May, 1831, commencing on Monday. In the meantime, and during the vacation, John Curry and William P. Stephenson, two of the justices who were first commissioned, resigned, and Robert Simpson and Reese Davis were appointed to fill the vacancies. The two latter named, with Arthur Rogers, constituted the court. Robert Simpson was chosen president. The court then appointed William Runkle sheriff, and Samuel H. Smith collector of the county. It then proceeded to divide the county into townships as follows : All that portion of the county lying east of a line running north and south across the county, including ten miles in width, composed the lower or eastern township, and was called Jefferson township; the middle township embraced eleven miles in width, and was called Jackson, and all the territory lying west of Jackson township and attached to Monroe county was called Union township, making three original townships. After laying out and naming the townships, the court designated the places of holding elections and appointing the judges thereof as follows:

Jefferson township, at the residence of John Witt: judges, Asaph E. Hubbard, Richard Cave and Robert Donaldson.

Jackson township, at the residence of Green V. Caldwell; judges, James Mappin, Joseph Sprowl and John W. Kenney.

Union township, at the residence of Reese Davis; judges, Joseph Stephens, Jacob Whittenburg and George Saling. McBride was drowned in January, 1867, in the Mississippi river, six miles below Memphis, Tenn. He was at the time of his death en route for Greenville, Miss., whither he was going to collect some debts due him at that place. He took the steamer Platte Valley, at St. Louis, and when reaching a point, as stated above, six miles below Memphis, the boat struck the wreck of the old gunboat Jeff. Thompson, and sank. Mr. McBride and one of the employees of the boat- a boy- floated off on an ice-chest. The chest finally sank; the boy swam to a snag near by and was rescued, but Mr. McBride, who was then an old man, was drowned. Mr. McBride had accumulated quite a fortune, and was one of the most highly respected citizens of the county. He traded in horses and mules, which he sold to Southern markets.

Isaac Coppedge was appointed constable for Jackson township, Milton Wilkerson, for Jefferson, and Elliott Burton, for Union. Asaph E. Hubbard and Robert Donaldson, for Jefferson township, and Jacob Whittenburg and George Saling and Reese Davis and Joseph Stephens, for Union township, were recommended by the court to the Governor as suitable persons for justices of the peace.

Court met again June 4th, 1831, at the residence of Green V. Caldwell (Caldwell having recently died), the judges last mentioned being present. The clerk was ordered to issue ten licenses for merchandise. Stephen Glascock was paid $4 out of funds arising from the sale of lots in Paris for surveying the town site. It was ordered that John S. McGee be allowed one dollar and seventy-five cents per day for twenty-five days' services, rendered in assessing the county. This would amount to only $35 for assessing the entire county in 1831. The assessor now (1884) receives about $1,200 for assessing the personal and real estate. James R. Abernathy was appointed commissioner of the township school lands. John S. McGee was appointed county surveyor. James C. Fox was appointed town commissioner of Paris. It was ordered that seventy-five cents be levied as a county tax.

Reuben Burton was allowed $4.50 out of his state and county tax. The court met again June 21st, 1831, at the same place. Present, Robert Simpson and Reese Davis. In the proceedings we find the following: Ordered by the court, That James C. Fox, commissioner of the town of Paris, the seat of justice for Monroe county, proceed to give notice of the sale of lots in said town of Paris, by having it inserted in two public newspapers printed in this State, sixty days previous to the day of sale, and said commissioner shall proceed to sell said lots, in said town of Paris, on the 12th day of September next, on a credit of six, twelve and eighteen months, one-third payable at each term. The first license for the sale of wines and spirituous liquors was issued at this term of the court; also the first license for a tavern or public house of entertainment.

The first road overseers were appointed at the August term of the court. Robert Greening was appointed overseer of road district number 1, of the Palmyra road, which was upon the line of Marion and Monroe counties. Abram Kirtland was made overseer of district number 2, which laid between the North fork of Salt river and the township line dividing Jefferson and Jackson townships. Matthew Mappin was made overseer of district number 3, between the township line dividing Jefferson and Jackson townships, and range line dividing range 9 and 10. Stephen Scobee was made overseer of road district number 1, of the old London road in Jefferson township, which laid between the Monroe county line east and John A. Ives. Charles Eales was appointed overseer of district number 2, of the London road, which laid between John A. Ives, and township line dividing Jefferson and Jackson townships. James S. McGee, Alexander Thompson, Hasten Fike, Grant Noel James Noel and Larken Stamper were appointed road overseers of other districts.

Roads were then ordered to be laid off from the town of Paris to Columbia, Boone county; from Paris to the London road at the west end of John McLamey's lane; from Paris to intersect the Fayette and Franklin road; from Paris to the town of Florida. Archibald Rice was the first guardian appointed by the court. His ward was Lourey Adams, child of William Adams, deceased. His bond was fixed at $600. Quill pens were evidently used in those days, for in looking over the proceedings of the court, November term, 1831, we find this order:

It is ordered by the court, that the sum of $5 be allowed to Ebenezer W. McBride, clerk of this court, for paper, ink powder and quills furnished by him for the use of his office, to be paid out of any money in the county treasury not otherwise appropriated. For the year 1832, the delinquent State tax amounted to $13.97 and the delinquent county tax to $9.89. Edward M. Holden was granted a license to keep a ferry across the Middle fork of Salt river, near the town of Paris, at the place where the road leading from Paris to Palmyra crosses that stream. The court fixed the charges for ferriage as follows: Single person, 10 cents; horse, mule or jack, 5 cents; horse and gig, 50 cents; horse and dearborn, 621 cents; two horses and wagon, 621 cents; four horses and wagon, 75 cents; neat cattle, 5 cents each; hogs and sheep, 2 cents each. Five hundred dollars were appropriated by t rt t the court to clearing out of Salt river below the forks. A bridge was built across the Middle fork of Salt river, opposite Paris, in 1834.

CIRCUIT COURT.

The circuit court for Monroe county convened for the first time June 20, 1831, at the residence of Green V. Caldwell, the same place designated as the place for holding the county court. Hon. Priestly H. McBride 1 was the judge, William Runkle, sheriff; Edward M. Holden, clerk, and Ezra Hunt, circuit attorney.

Robert Donaldson, foreman; Alexan'der W. Smith, Eleri Rogers,. Robert Hanna, John H. Curry, Samuel Curtright, John S. McGee, Ezekiel Bryan, James L. McGee, William Wilcoxen, John Newson, John L. Grigsby, Otho Adams, John M. Burton, Minor Perry, David A. Sloan, Joseph Sprowl, David Enoch, Joel Noel, Michee Maupin, William P. Stephenson. All of the above named grand jurors are dead, excepting Samuel Curtright and James L. McGee, both of whom are still residents of Monroe county ; the former is eighty-three years of age, and the latter is about eighty. The grand jury having nothing before it, was discharged. The first business that engaged the attention of the court was a petition from Joseph Sprowl, asking leave to build a water, grist and saw mill, on the west half of the south-west quarter, of section 28, township 54, range 9. This was followed by another petition from John Saling, asking the privilege of erecting a water, grist and saw mill, on the east half of the south-east quarter of section 5, townlship 54, range 10. The first case upon the docket was an appeal case from the justice court, and was entitled, " Joseph Swinney against Simeon Burton." This cause was dismissed for want of an affidavit and the papers remanded to the justice. The attorneys present were Ezra Hunt Adam B. Chambers, William K. VanArsdall, Benjamin 0. Clark, and Austin A. King. The second term of court was held at the residence of Matthew Walton, near the town of Paris, commencing October 18, 1831.

John H. Curry, foreman ; Benjamin Bradley, Palul Herryford, Peyton N. Mahan, John Woods, Thomas Donaldson, Charles S. Clay,  Judge of the Second Judicial Circuit. Ezra Fox, Anderson Willis, Robert Harris, John Kyle, Joseph Smith, Jacob Trumbo, Richard D. Powers, Elijah Burton, Jacob Whittenburg, William Bybee, Archibald Woods. At this term of the court, Ezra Hunt, circuit attorney, being absent, A. B. Chambers, Esq., was appointed in his place. The following attorneys were then enrolled: Albert G. Harrison, James A. Clark, Sinclair Kirtley, Philip Williams and Samuel Moore. The second civil action was entitled, "Richard J. Curl against Lewis Beaman and David Gentry, attachment and action of debt.

Thomas Nelson, foreman; Daniel East, William McLean, William Bell, Simeon Burton, Evan Davis, Andrew Baker, James Davis, John Burton, Sr., Samuel Hodge, Samuel H. Smith, Ovid Adams, Jeremiah Jackson, Christopher C. Acuff, Pleasant Ford, William Grant. The first murder case was the State of Missouri against Burgess Oglesby, John J. Callison et al. This case was tried after one or two delays, in 1835, and the defendants acquitted. Sinclair Kirtlev was prosecuting attorney in the case, and Austin A. King defended. The defendant, Oglesby, was charged with killing Robert Donaldson by striking him with a stick of wood, and Callison and others were charged as being his accomplices.

This indenture made this second day of May in the year of our Lord, one thousand eight hundred and thirty-one, between Anderson Ivie and Sarah Ivie, his wife, of the one part, and John T. Grigsby of the other part, witnesseth, that the said Anderson Ivie and Sarah Ivie, his wife, for and in consideration of the sum of five hundred dollars, to them in hand paid in good and lawful money of the United States, by the said John T. Grigsby, before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have this day bargained and sold, and by these presents do grant, bargain and sell unto the aforesaid John T. Grigsby, his heirs and assigns forever, the west half of the south-west quarter of section 15, in township 54, of range eight, west of the fifth principal meridian, in Monroe county, Missouri; also five acres adjoining the aforementioned 80 acres: beginning at the south-east corner of the said 80 acres, and running south with an open line in section 22, 28 poles; thence west so far as will include five acres to a stone, in or near a branch; thence north to intersect with the section line between 15 and 22 ; thence east to the beginning; the said land to remain to the only proper use and behoof of the said John T. Grigsby, with all the appurtenances thereon or belonging thereto, the said Anderson Ivie and Sarah Ivie, his wife, for themselves and heirs, forever bind themselves to warrant and defend against all persons claiming of the said John T. Grigsby, his heirs or assigns, the aforementioned tract or parcel of land, together with all the appurtenances thereon or belonging thereto.

In testimony whereof, I, Anderson Ivie and Sarah Ivie, my wife, have hereunto set our hands and seals, this day and date first above mentioned. ANDERSON IVIE. [SEAL.]

SARAH IVIE. [SEAL.]

EARLY MARRIAGES.

I do hereby certify that James H. Smith and Rosey Ann Mc-Ieamy presented themselves before me, a minister of the Gospel, and were fully, legally joined in the bonds of matrimony, on the 12th day of May, 1831. ALFRED WRIGHT.

STATE OF MISSOURI,

COUNTY OF MONROE.

This is to certify, by the authority vested in me as a preacher of the Gospel, that on the sixth day of May, 1831, I joined together in the bonds of matrimony, William Sparks and Mary Delaney, daughter of Mary Delaney, as man and wife, both of the county and State aforesaid

-parents' consent obtained.

Witness my hand, this third day of July, 1831.

EDWARD TURNER.

STATE OF MISSOURI,

COUNTY OF MONROE.

Be it remembered that on the 23d day of June, A. D. 1831, personally came William Jones and Sally Sadler before me, and were joined in the bonds of matrimony. Given under my hand this day and year.

JACOB WHITTENBURG, J. P.

STATE OF MISSOURI,

MONROE COUNTY.

I do hereby certify that William Pennick and Patsey Kelly, daughter of Thomas Kelly, were married on the fourth of August, 1831, by me. Given under my hand, this ninth day of October, 1831.

JOSEPH STEVENS, J. P.

I do hereby certify that George Tooley and Elize Toard presented themselves before me, Edward M. Holden, a justice of the peace for the county of Monroe, and were legally joined in the bonds of matrimony on the 29th day of October, A. D. 1831.

EDWARD M. HOLDEN, J. P.

STATE OF MISSOURI, 1

COUNTY OF MONROE.

Be it remembered, that on the seventh day of January in the year of our Lord one thousand eight hundred and thirty-two, personally appeared Reuben Riggs and Nancy Riggs, and were by me legally joined together in matrimony. Certified the day and year aforesaid.

ARCHIBALD PATTERSON,

Preacher of the Gospel.

To the Honorable Clerk of Monroe County, Mo.:

I, a minister of the Gospel, belonging to the Methodist Episcopal Church, and properly authorized to celebrate the rites of matrimony, united Mr. Wesley Andrews and Miss Eliza Swinney in the bonds of wedlock. Given under my hand, this 5th day of February, 1832.

RICHARD SHARP.

I, Joseph Stevens, a justice of the peace for Union township, and said  county, and authorized by the laws of the State to solemnize the rites of matrimony, did on the 25th day of December, 1831, join together in the holy estate of matrimony, Samuel D. Hodge and Sarah Marney. Given under my hand, this 18th day of February, A. D. 1832.

JOSEPH STEVENS, J. P.

PUBLIC BUILDINGS.

Notwithstanding the fact that a large number, probably a majority, of people in every county have very little practical experience in courts, and although they have the legal capacity to sue and be sued, never improve their opportunities, and never appear in court, unless it be on compulsion as witnesses and jurors; yet, as the one great conservator of peace, and as the final arbiter in case of individual or neighborhood disputes, the court is distinguished above and apart from all and every other institution in the land, and not only the proceedings of the court, but the place of holding court, is a matter of interest to the average reader.

Not only so, but in many counties the court-house was the first, and usually the only public building in the county. The first court-houses were not very elaborate buildings, to be sure, but they are enshrined in memories that the present can never know. Their uses were general rather than special, and so constantly were they in use, day and night, when the court was in session, and when it was not in session, for judicial, educational, religious and social purposes, that the doors of the old court-houses, like the gates of gospel grace, stood open night and day ; and the small amount invested in these old hewn logs and rough benches returned a much better rate of interest on the investment than do those stately piles of brick or granite which have taken their places. The memorable courthouse of early times was a house adapted to a variety of purposes, and had a career of great usefulness. School was taught, the Gospel was preached, and justice dispensed within its substantial walls. Then it served frequently as a resting place for weary travelers. And, indeed, its doors always swung on easy hinges. If the old settlers are to be believed, all the old court-houses, when first erected in this Western country, often rang on the pioneer Sabbath with a more stirring eloquence than that which enlivens the pulpit of the present time. Many of the earliest ministers officiated in their walls, and if they could but speak, they would doubtless tell many a strange tale of pioneer religion that is now lost forever. To those old court-houses, ministers came of different faiths, but all eager to expound the simple truths of the sublime and beautiful religion, and point out for comparisons the thorny path of duty, and the primrose way of dalliance. Often have those old walls given back the echoes of those who have sung the songs of Zion, and many a weary wanderer has had his heart moved to repentance thereby, more strongly than ever, by the strains of homely eloquence. With Monday morning, the old building changed in character, and men went thither, seeking not the justice of God, but the mercy of man. The scales were held with an even hand. Those who presided knew every man in the county, and they dealt out substantial justice, and the broad principles of natural equity prevailed. Children went there to school, and sat at the feet of teachers who knew little more than themselves; but, however humble the teacher's acquirements, he was hailed as a wise man and a benefactor, and his lessons were heeded with attention.

The old people of the settlement went there to discuss their own affairs, and learn from visiting attorneys the news from the great, busy world, so far away to the southward and eastward. In addition to the orderly assemblies which formerly gathered there, other meetings no less notable occurred.

It was a sort of a forum, whither all classes of people went, for the purpose of loafing and gossiping and telling and hearing some new thing. As a general thing, the first court-house, after having' served the purpose of its erection, and served that purpose well, is torn down and conveyed to the rear of some remote lot, and thereafter is made to serve the purpose of an obscure cow-stable on some dark alley. There is little of the romantic or poetic in the make-up of Western society, and the old court-house, after the building of the new one, ,ceases to be regarded with reverence and awe. In a new country, where every energy of the people is necessarily employed in the practical work of earning a living, and the always urgent and ever present question of bread and butter is up for solution, people can not be expected to devote much time to the poetic and ideal. It therefore follows that nothing was retained as a useless relic that could be turned to some utility; but it is a shame that the people of modern times have such little reverence for the relics of former days. After these houses ceased to be available for business purposes they should have been preserved to have at least witnessed the semi-centennial of the county's history. It is said, in their hurry to grow rich, so few even have a care for the work of their own hands. How many of the first settlers have preserved their first habitations? The sight of that humble cabin would be a source of much consolation in old age, as it reminded the owner of the trials and triumphs of other times, and its presence would go far toward reconciling the coming generation with their lot, when comparing its lowly appearance with the modern residence whose extensive apartments are beginning to be too unpretentious for the enterprising and irrepressible " Young Americans."

FIRST COURTHOUSE

The order authorizing the building of the first court-house was issued at the November term of the court, 1831. It was to be erected in the public square, and was to be constructed as follows: Fifty feet square and two stories high; foundation to be laid with stone; wall 26 inches thick; brick walls 22 inches thick in the first story and 18 inches in the second story; first story to be 15 feet high and the second, 12 ; the roof to be hipped with a wood cornice, and a cupola of 10 feet square in the base; the base to be 4 feet high with an offset of 14 inches and 8 feet octagon, with Venetian blinds on each side; the roof of the cupola to be covered with tin ; four windows in each of the three fronts of the lower story, to consist of 24 panes of glass, 10 by 12 each, with a large circular door in each side and one window in the first and second story of the back or other side; the windows in the three before-mentioned fronts to be the same in the second story as in the lower, with an additional window over every door; the sills of each window to be of dressed stone; the frames to be boxed, and the sash to be hoist with waiters; the lower floor to be laid with brick as far as the bar; the bar floor to be of wood, elevated 4 feet above the brick; no floor to be in the second story; but joist, framing, etc., to be furnished. The whole to be done in a workman like manner. Sylvester Hagan was appointed superintendent of the building. An order was made at the same term of court for the building of a jail, and $1,000 appropriated for its construction.

SECOND COURTHOUSE.

The second court-house which is the present building was built in 1867 at an expense of $45,000. It ranks among the finest and most substantial buildings of the kind in the State. It is constructed of brick, two stories high, and contains nine rooms and two vaults: the circuit and county court-rooms, the jury and witness-rooms, and the county offices. The court-house is located on the public square near the west side; it is a large, imposing building, and is surmounted by a large and sightly dome, from which may be seen much of the surrounding country. There are but a few court-houses in the State that cost more money or that have been so well and conveniently arranged.