Gasconade County Missouri
The County Court.
The first entry upon the records of this court is as follows:
State of Missouri, County of Gasconade, )
Be it remembered that on this 15th day of January, in the year of our Lord 1821, being the day directed by the General Assembly of the State of Missouri, in an act entitled an act erecting circuit and county clerks, for holding a county court in and for the county of Gasconade, and being the third Monday in January, Moses Welton, John Woolams and William Dodds appeared, produced their commissions, with a certificate endorsed thereon by a judge of the Supreme Court of the State of Missouri, as justices of the county aforesaid, and took their seats as such.
The first business was to elect Samuel C. Owens, clerk ; James Kegaus was appointed elisor, to act in place of sheriff until a sheriff could be duly commissioned and qualified. David Pointer's will was then admitted to probate. It was ordered that the county be divided into three townships. On the next day a petition was presented for a road to lead from the mouth of the Gasconade River to Patrick Cullen & Co.'s mill. The prayer of the petition was granted, and William West, William Hughs, Samuel Duncan, Daniel M. Boon and Benjamin Skaggs were appointed viewers to lay off said road, and to report at the next term of the court. On this day Moses Welton and Daniel M. Boon produced their commissions as justices of the county court. John G. Heath was then licensed to keep a ferry over the Gasconade River, " at the place known by the name of Gasconade," by paying a tax of $2.50. His rates of ferriage were fixed as follows, by the court: For every wagon and team, $1; for every man and horse, 25 cents; for a single horse, 12 1/2 cents; for every footman, 12 1/2 cents ; each head of neat cattle, 6 cents ; every 100 pounds of freight, 10 cents. A petition then came in for a road leading from the town of Gasconade through the big bottom the whole length, and thence the nearest and best way to the mouth of the Osage River. William West, Robert Shobe, John Nichols, William Laughlin and Samuel Gibson were appointed viewers.
On the 16th of April, 1821, the court met at the house of John G. Heath, the justices being Moses Welton, William Dodds and John Woolams. On this date the road leading from this place to the mouth of the Osage River was discontinued, and James Kegans was certified to the governor as a proper person to be appointed justice of the peace. John Woolams was appointed to lay off Boulware Township into road districts, David Edwards to lay off Clark Township, and Patrick Cullins to lay off Boon Township. The seal of the county was approved by the court. It had a scale and a barshare plow on its face.
January 21, 1822, the same court met and laid off Skaggs Township. James Williams was licensed to keep a ferry across the Osage Kiver near his residence by paying $3 for the year, at the following rates: For every wagon and team, $1.50; for every man and horse, 37 1/2 cents ; for every footman, 18 3/4 cents ; for every head of neat cattle, 10 cents; for every horse, 18 3/4 cents; for every 100 pounds of freight, 121/2 cents; for every pleasure carriage, $1.50; for every cart or tumbril, $1. His bond was fixed at $100. His ferry was to be kept where the Potosi road crosses the Osage River. John G. Heath was licensed to keep a ferry over the Gasconade Biver at Gasconade, and John Woolams over the same river at his residence.
This court, which consisted of Moses Welton, William Dodds and Abraham Derriberry, met at Gasconade City, February 3, 1823. June 9, 1825, the court, consisting of William Bumpass, Bobert Shobe and William Laughlin, met at the house of Isaac Perkins. July 4, 1825, the court comprised William Bumpass, Joseph M. Morrow and David Hoops; October 6, 1825, William Bumpass, Bobert Shobe and David Hoops; June 8, 1826, AVilliam Bumpass, Bobert Shobe and James Harrison; February 5, 1827, William Bumpass, David Hoops and William Brown; August 6, 1827, William Bumpass, David Hoops and Asa Pinnell. May 5, 1828, these same justices met at the house of David Waldo, "lately built by him near Isaac Perkins." Court met at the house of David Waldo August 3, 1829. Present, David Hoops and Hugh Barclay. On this day the following interesting entry was made.
State of Missouri, County of Gasconade. )
On this 3d day of August, 1829, personally appeared in open court in this county, held at the house of David Waldo, Ezekiel Hinchy, aged seventy-five years, December 25, 1838, resident in the township of Gray, in the county of Gasconade, etc., first being duly sworn according to law, doth make the following declaration, in order to obtain the provision made by the acts of Congress of March 18, 1818, and of May 1, 1820, that he served in the Revolutionary War in the capacity of a private soldier, in Capt. William Little's company of infantry, in regiment commanded by Col. Dixon (Christian name he thinks was James), number of regiment not recollected, in the North Carolina line, in the Continental establishment; that he enlisted in said company in the spring of the year 1779, and was discharged from service in the fall of the year 1781, and I, the said Ezekiel Hinchy, do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818, and that I have not since that time by gift, sale, or in any other manner disposed of m}^ property, or any part thereof, with intent thereby so to diminish it as to bring m3-self within the provisions of the act of Congress entitled " an act to provide for certain persons engaged in the land and service of the United States in the Revolutionary War." passed March 18, 1818, and that I have not nor has any person in trust for me any property except wearing apparel, or securities, contracts or debts due to me, nor have I any income whatever; and that it is not in my power to produce any other testimony to the facts set forth in this declaration.
This declaration was attested by the affidavit of David Hoops, and endorsed by the court, which ordered the clerk to certify to the Secretary of War of the United States a copy of the record in this case of Ezekiel Hinchy. On this same day the commissioner of Mount Sterling produced in court the plat of the town of Mount Sterling, which was as follows: Lots feet; size of large streets, 491/2 feet; of small streets, 33 feet; of alleys, 8 feet. The plat was approved, and Thomas Henry was allowed $48.70 for surveying the town.
Court convened November 2, 1829, at the house of David Waldo. William Bumpass was appointed commissioner of the courthouse and jail, and he was ordered to give a credit of six and twelve months to purchasers of lots in Mount Sterling. The county court met at the "courthouse" February 1, 1830, consisting of William Bumpass, Hugh Barclay- and David Hoops. On this day they ordered the superintendent of the courthouse in Gasconade County to have the courthouse built in Mount Sterling, the building to be as follows: " twenty-two feet square, one-story high, to be hewed down inside and out after it was put up, clapboard roof well nailed on, a window at each side containing twelve panes of glass, a chimney at one end to be cut out eight feet wide, back and jambs to be built of rock and run out with stick and clay, two plank Hoors, the under floor to be jointed and nailed down, and the upper floor laid down loose."
The court further ordered that the building should be valued by two disinterested men when done, and to be paid for as the public property of said county is disposed, if the fund was then sufficient to discharge the same. On the 25th of October, 1830, the justices were William Bumpass, David Hoops and Anthony Margrave. On the 2d of November, 1830, court met at the house of David Waldo, and under this date the following entry was made: "The court directs the commissioner of Mount Sterling to receive $63.311/2 of Tarlton Massie for Bartonville place, the balance to be paid on old lots in Bartonville, the amount being $61.75. The court convened at the courthouse January 31, 1831. In July, this year, the court consisted of William Bumpass, David Hoops and Hugh Barclay; July 25, 1831, David Hoops, Hugh Barclay and Samuel Burchard were the commissioners. January 30, and likewise on April 30, the court met at the house of David Waldo, and on this day the superintendent of the public buildings laid before the court his proceedings concerning them, and the valuation of the courthouse. Upon examination the courthouse was received, and the court adjourned to meet at the courthouse. April 7, 1834, the court consisted of David Hoops, Hiram Pinnell and Samuel Burchard. Some time later in this year the court consisted of William Clark and Joshua Cox. February 2, 1835, Joshua Cox and Joseph Hawkins recommended Anthony Margrave as a suitable person to take the place of William Clark, deceased. February 1, 1836, the court consisted of the above named persons. February 4, 1839, the court was Joshua Cox, Thomas Koark and Francis C. Wallace, and on this day Hermann was incorporated by the county court. February 3, 1840, the court consisted of Joshua Cox, F. C. Wallace and Anthony Margrave. February 1, 1841, William B. Pannell was in the place of Anthony Margrave. March 8, 1841, the court divided Gasconade County into four municipal townships, that is, what was left of it after Osage County was struck off into a separate county. On March 19, 1842, the county court proceeded to count up the votes cast at the recent election on the question of removing the county seat to Hermann, and, being satisfied that a majority of the votes cast had been cast for the removal to Hermann, they ordered that the several courts of Gasconade County be notified of the same, that a suitable house for hohliiig courts should be provided at the town of Hermann, and that all books, records, papers and furniture belonging to the county be removed to Hermann with all convenient speed. Fred. W. Pommer was then appointed commissioner of the new county seat. August 5, 1842, the court consisted of John G. Heath, James A. Matthews and William B. Pannell. May 2, previous, it was ordered that the commissioner of the public buildings proceed to erect the same on the four lots owned by the county, and fronting on Wharf Street, the buildings being estimated to cost $4,000, $3,000 of Which was due the county from the inhabitants of Hermann, and $1,000 was to be paid out of the county treasury. April 22, 1844, Thomas Hibler and Samuel Burchard were the only members of the court on hand for business. October 28, 1844, Lewis David was also present with the other two. July 28, 1845, Burton Cooper, commissioner to sell the county property at Mount Sterling, reported that lie had sold the county's right to fifty acres there to Rebecca Perkins for $408. Monday, November 2, 184G, the court consisted of Samuel Burchard, Solomon Kinsey and Nimrod Eldredge. February 15, 1847, the court consisted of the same persons. In May, 1851, James Greenstreet, Samuel Burchard and Nimrod Eldredge; in May, 1855, James A. Matthews, Julius Hundhausen and ; in June, 1850, Julius Hundhausen, Samuel Smith and James A. MattheAvs; February. 1861, James A. Matthews, Samuel Smith and Joseph Kessler; 1863, James A. Matthews, Joseph Kessler and Daniel Strain; 1864, James A. Matthews, Joseph Kessler and Preston H. Collier; 1865, Joseph Kessler, Green C. Terry and Kasten Buschmann; 1866, Green C. Terry, John Sullins and Constance Riek; 1867, Samuel Smith, Constance Ptiek and D. W. Turnure; 1868, Samuel Smith, D. W. Turnure and Dan W. Tainter; 1870, William Bergner, Samuel Smith and Dan W. Tainter; 1871, Samuel Smith, E. B. Hensley and William Bergner; 1873, F. W. Boeing, E. B. Hensley and Henry Frechmann; 1874, William Bergner, E. B. Hensley and H. Frechmann; 1876, AVilliam Bergner, Henry Frechmann ; 1877, Francis Oncken, Henry Frechmann and August Riek; 1879, F. H. Wolking, W. W. Deppe and William Toedtmann; 1881, F. W. Wolking, William Toedtmann and C. M Matthews; 1883, C M. Matthews, William A. Cooper and Conrad Hamburg; 1884, C. M. Matthews, William A. Cooper and William Meyer; 1886, C. M. Matthews, Goerge W. Sewell and August Eiek, present court.
The Probate Court was established by an act of the Legislature approved March 12, 1870, separate and apart from the county court, which up to that time had transacted all probate business. The judge was to be, under this act, elected by the people, and to hold his office from the 1st of January next after the election. The judges of this court have been Francis W. Boeing, William Berger, and, since 1876, the present judge, Francis Oncken.
The Circuit Court.—Alexander McNair, governor of the great State of Missouri, nominated and appointed Rufus Pettibone, Esq., circuit judge of the Second Judicial Circuit, "in testimony whereof I have hereto affixed my private seal, there being no seal of the State yet provided," December 4, 1820.
The first circuit court began and was held at John G. Heath's, on the Gasconade, on the fourth Monday of July, 1821—present Bufus Pettibone, judge; Daniel Waldo, sheriff, and Samuel C. Owens, clerk. " There being no causes at issue, and no business coming before the court, the court adjourned until court in course, without day."
The next term commenced May 25, 1821, the same judge, sheriff and clerk being present. John G. Heath was appointed circuit attorneyp?-o iem. Following are the names of the first grand jury: William Laughlin, foreman, John Morrow, Lewis Hall, Lewis Devall, John Hughes, Samuel Shobe, Joseph Poynter, William Clark, John M. Knowles, William Hughes, Joel Robertson, William Tacket, Philip Boulware, Jr., John Phillips, Jeffrey Sively, Robert Shobe, John Hoffmann, James Miller, James Woodsides, Willis Lay, Benjamin Laughlin and James Simpson. The first attorney admitted to practice in this court was Stephen W. Foreman, and the second, Everard Hall, both on May 25, 1821. The first cause then came on to be heard, and was entitled "The State of Missouri vs. John McDonald, assault and battery," upon Hiram' Scott. Mr. McDonald gave security, Daniel M. Boone, for his appearance at the next term of court. The second cause then came on—Alexander Wattles vs. James Parson, on appeal from Franklin County Circuit Court, and was tried before a jury, the first jury in Gasconade County, viz. : John Baldridge, William Prior, John Woolams, Philip Boulware, William Laughlin, Hiram Scott, Archibald McDonald, Benjamin Heatherly, Grove Cook, John Hamilton, AVilliam S. Bursh and John Mc-Donald. Their verdict was in favor of the plaintiff for $40 and costs in Franklin County, $74,50, and for costs in Gasconade.
The first divorce case in this court was that of Nancy Edds vs. John Edds, in which a summons was issued against the defendant, returnable to the next term of court. Nel Willson and John G. Heath were admitted to practice in this court, and on September 17, 1821, John McDonald was discharged because Hiram Scott did not appear against him.
This court began at Gasconade City, the first county seat of the county, February 18, 1822. Nancy Edds on this day was successful in securing her divorce on the ground of cruel and barbarous treatment, $100 to be paid her for the support of the children, and $50 annually, besides her costs and charges. A number of cases of assault and battery were disposed of, most of the defendants pleading guilty and paying $5 fine and costs.
The next term of the court began at Gasconade City, June 17, 1822—same judge; Daniel Waldo, sheriff, and David Waldo, clerk. James McCampbell was admitted to practice in the court. Nancy Edds acknowledged that she had received full satisfaction for her decree in a warranty deed of 100 acres of land on Bailey's Creek, and John Edds was discharged, happy to be at the end of his marital troubles. The next term commenced October 22, 1822. James Stephens pleaded guilty to neglect of duty as overseer of the road, and was fined $10 and costs. The first slander suit then came on—James Miller vs. James Stephens—which was nolled at defendant's costs. Rufus Pettibone resigned as judge, and the Governor appointed Nathaniel Beverly Tucker to serve until the next session of the General Assembly, and to preside at the term which began at Gasconade City June 16, 1823. Next term commenced at the same place, October 20, 1823. The case of James Stewart, indicted for larceny, was nolled. On the 16th of October, 1824, Nathan Beverly Tucker, presiding, David Sterigere was admitted to practice in the court.
June 9, 1825, court began at the house of Isaac Perkins — Hon. Alexander Stewart, judge. February 0, 1826, same judge. June 7, 1827, William C. Carr, judge of the Third Judicial Circuit, presided in this court. The first indictment for manslaughter was brought in October 4, 1827, against John Tacket. On the next day he was tried before the following jury, his plea being not guilty, and for his trial put himself upon God and his country. The jury were Thomas Bittick, Lewis David, Harney Keeney, Peter Walters, Philip P. Boulware, Daniel Boulware, Elijah Bradshaw, Charles Massey, Henry Cowan, Alexander Hill, David Massie and Henry J. Hall. The verdict of this jury was: " We find the defendant guilty of feloniously slaying Samuel Gibson, Sr.," and it was considered that the said John Tacket, convicted of manslaughter, as aforesaid, be committed to the custody of the sheriff, to await judgment. A motion for a new trial was overruled, and he was sentenced to pay a fine of $50, and to be imprisoned in the common jail of Gasconade County, or some other county, for one year and one day. David Perkins was then found guilty of larceny by the following jury: Josiah Turpin, John Dennison, Sr., John Lewis, Newman Pounds, John B. Waldo, Daniel Waldo, John Duncan, Jr., William Baker, Charles Stuart, John Housinger, Hiram Kobertson and Obadiah Lee-David Perkins had stolen a hog, which was adjudged to be worth $6; but as the hog had been returned to its owner, Perkins was committed to the custody of the sheriff to await sentence.
June 5, 1828, court met at the house of David Waldo, and also October 9, same year. May 16, 1831, Hon. David Todd presided, as also May 21, 1832, court being held this time at Mount Sterling. July 26, 1833, Charles H. Allen presided, judge of the Sixth Judicial Circuit. The first indictment for perjury was brought in November 29, 1833, as likewise the first for gambling. William Scott, judge of the Seventh Judicial Circuit, presided in 1835. The first declarations of intention to become citizens of the United States were made this year by Wimmar Gotzen and Kirmann Scheuler, John P. M. Haslach and Heinrich P. K. Huker, all natives of Prussia.
August, 1836, the case of Mary, a slave, indicted for murder, and brought to Gasconade County on a change of venue, was remanded back to Crawford County, because the change had been improvidently made.
In 1839 there were numerous indictments for betting at cards and for selling liquor without a license. David Sterigere was judge in this circuit June 14, 1841, and in 1844 John H. Stone, judge of the Ninth Judicial Circuit, presided.
On March 14, 1848, William Fisher was tried for murder before the following jury: Christian Kuntz, Daniel Campbell, John M. Frakes, Thomas Meuse, Joseph Heath, Robert J. Heath, George W. Wilson, George W. Massie, John Kesseburg, Gottlieb Straub, Nelson Jarvis and Jackson Fowler. The verdict was "guilty of manslaughter in the first degree," and the court fixed the punishment at five years in the penitentiary.
In the circuit court, April 23, 1802, Fritz Heil, indicted for the murder of Mathias Croner, was found not guilty of murder in the first degree, but guilty of murder in the second degree. Thereupon the counsel for the State declined to further prosecute the defendant on the charge of murder in the first degree, and submitted the matter to the court. The court. Judge John H. Stone, thereupon adjudged that the defendant undergo imprisonment in the penitentiary for thirty years, and pay the costs of the prosecution.
James W. Owens was judge of this court, commencing September 14, 1803; Daniel Q. Gale, August 3, 1808; A. J. Seay, April, 1875, and Eudolph Hirzel, the present judge, in May, 1887.
One of the most atrocious murders that have occurred in Gasconade County was that of AVilliam Burchard, at Bem, May 10, 1883. The circumstances leading up to and connected with the murder were somewhat as follows: Two men went to the house of William Collier and ordered breakfast. While Mrs. Collier was preparing the meal she overheard remarks which led her to believe that the robbery of the store at Bem, kept by Burchard <fe Viemann, was in contemplation. When Mr. Collier came home she informed him of the occurrence and of her suspicions. In the afternoon of the same day he went to the residence of W. P. Burchard and told him what had taken place, and what were his wife's and his suspicions. In the evening William Burchard, son of W. P. Burchard, and Mr. Collier, went to the store armed, the one with a shotgun and the other with a rifle, with the intention of watching for the expected robbers. A few hours after dark, upon arriving at the store they found the two men already in the store talking with Mr. Viemann, and at the same time keeping a sharp lookout, and when Mr. Burchard and Mr. Collier approached the store the two men inside the store commenced firing upon them with their revolvers. Mr. Burchard was struck in the arm and dropped his gun. Soon afterward he was struck by two more balls, one of them passing into the abdomen and inflicting a fatal wound. Mr. Collier received a shot in the shoulder and then fired upon the two robbers, killing one of them instantly, but the other escaped. This man was at length found near Detmold, in Franklin County, was captured and brought back to Gasconade County, and lodged in jail at Hermann, whence, on Monday night, June 4, 1883, he was taken by a mob of citizens and hanged to a tree in the immediate vicinity of Hermann. The name of the man thus made to pay the penalty for the murder of Burchard was Fisher, although he gave the name Whitney, when captured. The circumstances of the lynching were somewhat as follows: About midnight the back door of the jail was forced open, and a number of men armed with heavy sledges, hammers and chisels, entered the hall and battered down the doors to the cell containing Fisher. In the meantime Sheriff Bergner, who had heard of the attempt, in company with Deputy Sheriffs Mumbrauer and Oscar Schultz, arrived at the back door of the jail. Sheriff Bergner was immediately seized, blindfolded, and carried out of doors, thrown to the ground and there held down, while others of the mob found the keys of the jail in the pocket of Deputy Sheriff Mumbrauer. It thus became an easy matter to open Fisher's cell door. His hands were then tied, a rope placed round his waist, and he marched down to Front Street. He was led down to the " Iron road " about 150 yards north of the residence of Christ. Fleisch. Here the party having Fisher in charge was met by a number of masked men, who then took charge of the prisoner, marched him under a tree, where he gave his name as J. W. Fisher; the rope was thrown over the limb of the tree and fastened to the trunk, and in twenty minutes lie was pronounced dead. About four o'clock in the morning the sheriff, accompanied by a number of citizens, repaired to the scene of the hanging, and cut down Fisher's body. Many people considered the lynching justifiable, but by the majority it was condemned. Gov. Crittenden was especially severe upon the course of the lynchers, and urged upon Judge Seay, of the Ninth Judicial Circuit, to take prompt measures to bring them to justice, but it was thought by many that the anxiety of Gov. Crittenden to have these violators of the law brought to deserved punishment would have merited and received more respect and consideration if his own course in connection with the James' boys had evinced the same anxiety.What was known as the Hallenscheid-Alband murder was one of the most flagrant and sensational ever committed anywhere. Henry Hallenscheid and his wife and their daughter, Wilhelmina, conspired to kill and killed on June 16, 1875, Christ Alband, the husband of Wilhelmina, with a club, and threw hisbody out of an upper story window. They then dragged him; about 150 yards from the house and buried him, covering him over lightly with earth. The jurymen before whom the two former were tried were John H. Buddemeyer, Joseph Apprill, Fred. Remmert, Henry Holt, H. A. McKinney, Paschal Crider, Hiram Robertson, J. B. Cantly, Martin Michels, Fred Klossner, John Michels and William Norwood. The verdict of the jury in this case was: "We the jury find the defendants, H. Hallenscheid and A. Hallenscheid, guilty of murder in the first degree, in manner and form as charged in the indictment." The two convicts were sentenced by Judge A. J. Seay to be hanged December 17, 1875. The former was, in accordance with this sentence, hanged December 17, on a gallows erected on the western slope of the courthouse hill, in the presence of about 4,000 people. The Rev. Mr. Pfaff read a statement from the prisoner to the effect :
1 - That he was convinced that the punishment he was about to undergo was just.
2 - That through prayer and repentance he had been forgiven.
Mrs. Anna Hallenscheid's sentence was commuted by Gov. C. H. Hardin to imprisonment in the State penitentiary during her natural life, and Mrs. Wilhelmina Alband, the wife of the murdered man, was convicted and sentenced to the penitentiary, where she died.
History of Franklin, Jefferson, Washington, Crawford and Gasconade Counties Missouri
Published by Goodspeed Publishing Company 1888
BACK -- HOME
by Genealogy Trails