Early Settlers/Courts of Shelby Co., MO

THE FIRST COURTS OF SHELBY COUNTY

The First Session Of The County Court

The first session of the Shelby County Court convened at the residence of William B. Broughton on Thursday, April 9, 1835. There were present three Justices: James Foley, Thomas H. Clements and Adolphus E. Wood. Mr. Broughton's residence was Oak Dale [Section 5, Township 57, Range 9] in what became Jackson Township.
Upon the assembling of the court, James Foley was made Presiding Justice, Thomas J. Bounds was appointed Clerk and Russell W. Moss was appointed assessor. There being no other business the court adjourned to meet a week later.
April 17, the court re-assembled, all the judges being present. John H. Milton, who had been appointed by Governor Dunklin, the Sheriff of the county, appeared and took the oath of office. J.C. Gartrell resigned as constable of Black Creek Township and Samuel J. Parker was appointed in his stead.
At the regular May term the only business done was the recommending to the Governor that Robert Duncan be appointed Sheriff in stead of John H. Milton, who had failed to give bond according to law.
At a special term begun May 18, 1835, Robert Duncan was appointed until he could be commissioned Sheriff. At this term the first roads in the county were duly and legally established as follows: A road running from the county line between Shelby and Monroe Counties at the termination of the Florida road, to intersect a road passing W.B. Broughton's at his residence. A road from Broughton's "to where the 'Bee Road' crosses Black Creek." A road from "the large branch nearly a mile east of George Anderson's house to the range line between ranges No. 10 and 11; " but on the remonstrance of Anderson and others, the order establishing this road was rescinded."
Prior to the establishment of these highways there were no roads in the county worthy of the name. What were known as the "Bee Roads" were the only roads running north and south.
Of the first Justices of the county court it may be stated that they were all gentlemen of intelligence and experience and made efficient officers. A.E. Wood, a New Yorker, lived at Oak Dale and was a brother of the Hons. Fernando Wood and Ben. Wood, of New York City......Judge Foley was a Kentuckian and lived two miles east of Bethel. He died in Shelbyville before the Civil War. Judge Clements was also a Kentuckian. He resided in the south-eastern part of the county, three miles from Oak Dale and died before 1850.
County and circuit courts were held at the house of W.B. Broughton, at Oak Dale, until July 6, 1836, when the first term was held at Abraham Vandiver's in Shelbyville. This house was called "the court house", until the completion of the real building in December 1838.

Miscellaneous County Court Proceedings In 1836

In February, Broughton and Holliday were licensed to keep an inn and tavern at Oak Dale for one year, on the payment of $10.00. In May, the first administrator was appointed. George Parker was appointed the administrator of the estate of John G. Gillis.
In June, four free mulatto children were bound as apprentices and servants to Samuel Buckner. Their names were Leannah, Clarinda, Maria and Theodoric. These were the children of Mr. Buckner by his mistresses.
In June the first grocery stores were established in Shelbyville. James W. Eastin and Robert Duncan each obtained a grocer's license at this time; the fee was $5.00 per year.
On the 6th of July at the first term of the county court held at Shelbyville, a road was established from Shelbyville to the Lewis County line in the direction of Fresh's Mill, on the South Fabius. The first case of insanity was that of William R. Ford, who was pronounced insane by a jury, in August 1836, and James Ford was appointed his guardian.
Obadiah Dickerson was appointed superintendent of public buildings in November and preparations were begun at once to build a court house.

First Circuit Courts

The first term of the Circuit Court of Shelby County convened Thursday, November 26, 1835, at the house of W.B. Boughton, at Oak Dale. Honorable Priestly H. McBride presided. Sheriff Robert Duncan opened court and Thomas J. Bounds was the clerk.
The Grand Jury was composed of the following: William Moore [foreman], George Parker, George W. Gentry, William S. Chinn, Peter Stice, Bryant Cockrum, Joseph West, Elisha K. Eaton, Silas Boyce, James Blackford, Samuel Bell, Albert G. Smith, Josiah Bethard, Cyrus A. Saunders, Hill Shaw, John Thomas, Robert Reed, Russell W. Moss, Henry Musgrove and Ezekiel Kennedy. Three attorneys were present at this term of court, all of whom lived at Palmyra; J. Quinn Thornton, John Heard and James L. Minor.
The following were the only cases before the court: Graham Williams vs. Sundry other heirs of Elisha Williams deceased; petition for partition. Uriel Wright appointed guardian ad litem for the minor heirs. John H. Milton assignee of Robert Reed vs. Silas Boyce; petition and summons. Motion to dismiss sustained.
The third term was held in December 1836, at the house of the clerk, Thomas J. Bounds, in Shelbyville. Ezra Hunt was Judge, A.B. Chambers, circuit attorney. William Porter was a new lawyer and James Lear was foreman of the grand jury.
In 1837 the March term was held at the house of Ezekial Kennedy, in Shelbyville. Honorable P.H. McBride was the judge.
The July term was held at the house of Thomas O. and H.W. Eskridge, in Shelbyville. McBride was the judge. Major Obadiah Dickerson was foreman of the grand jury, which found the first criminal indictment in the county, against Henry Meadley, for grand larceny. He was arrested but the charge was dismissed and he brought suit against James Lair, the prosecuting witness, for damages for false imprisonment. He could not give security for the costs, however, and asked for a nonsuit.
At the March term 1838, which was held at the house of Abraham Vandiver, in Shelbyville, a number of indictments were found against some of the people for gaming. Those indicted were: Bryant Cockrum, George Gentry, William Payne, Isaac Wooley, Elijah Owens and Robert Joiner "for playing at loo"; Joseph Holeman and Abraham Vandiver "for playing seven-up"; Elijah Owens, John Ralls and Abraham Vandiver "for playing three-up". Wesley Halliburton and Joseph Holeman were indicted "for permitting gaming in their house". Only three of the parties were ever convicted. George Gentry was fined $2.00, William Payne $5.00, and Isaac Wooley $1.00. The others had the charges dropped or were tried and acquited. At the same term Matthias Meadley was presented as a vagrant and James Shaw was indicted for "selling spirituous liquors to be drank in his house without license." The case against Shaw was dismissed.
The first term of the Circuit Court held in the court house was the March term 1839. At this session, the first naturalization in Shelby County took place. Ole Rierson, a native of Norway, took out his papers.
In November 1839, William P. Adkins was fined $5.00 for appearing in court as a grand juror "while in a state of intoxication."
In July 1842, Lucy, a slave belonging to George Gaines, was convicted of arson. She was sentenced to "receive thirty nine lashes on her bare back, to be well laid on by the Sheriff of said Shelby county" and also to be banished from the State of Missoui for the term of 20 years.

Building The Court House

The first steps toward building the court house were taken at the November term in 1836. Major Obadiah Dickerson was appointed superintendent of public buildings and ordered to prepare and submit a plan and estimate of the cost.
At the February term in 1837, the county court appropriated $4,000 to erect the court house to certain specifications. It was to cover an area 40 feet square; to be built of good, well burned brick laid in lime and cememt, the foundation of stone; the first story was to be 14 feet high and the second story to be eight feet six inches; the wood work was to be well done. In September 1837, the contract for the brick work of the building was let to Charles Smith for $1, 870 and the wood work to Wait Barton for $2,175. Smith finished his part in the summer of 1838 and Barton in November 1838. The brick used in the building was constructed on the premises near Shelbyville owned by Josiah Bethards. The lumber was sawed at Gay's Mill on North River, in Marion County.

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Lea Ann Oliver, Shelby County MOGenWeb Project coordinator.

Thanks to Suzanne Graves Crawford!