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Chapter 19: Early Justices of the County Court, Part Three |
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In the 1854 election John N. Yarber, Samuel B. Kittrell and John Eudaley were elected members of the County Court. Mr. Yarber was the first man elected to a second term on the Court. This Court was to have a short life as the General Assembly abolished the County Court substituting instead a District County Court for the counties of Stoddard, Butler and Ripley with one judge for the district. The story of the District Court must be told in a future article.
This County Court first met October 23, 1854 and appointed John N. Yarber Presiding Justice. Mr. Kittrell died early in his term of office meeting with the Court for the last time December 18, 1854. On January 23, 1855 the Court passed the following resolution, "Ordered that James W. Morrow be recommended to the Governor for county Court Justice to fill the vacancy occasioned by the death of Samuel B. Kittrell. Mr. Morrow first sat with the Court April 23, 1855. The last day of this term, April 28, 1855, proved to be the final meeting of this Court. The Court minutes show that the Court adjourned on that day to the second Monday in June next, but the June meeting was not held as the District County Court took over in September of that year, evidently the County Court members did not anticipate the action of this General Assembly which would abolish the County Court.
Samuel B. Kitrell, sometimes known as S.B. Kittrell, who had brought his family from Kentucky to the future Butler County in 1819, had settled on Goose Creek a short distance north of its confluence with Cane Creek. S.B. Kittrrell was a brother of Solomon Kittrell, member of the first Butler County Court. The Census of 1850 states that he was then 29 years old and born in Missouri. His wife was Amelia, age 31, born in Tennessee. The children were William 11, Lucinda 10, Elenor 6, Emilissa 4 and Daniel, one year, all born in Missouri. In the family also was Lemuel Sandlin, age 6 born in Missouri. Other public services of Mr. Kittrell were as road viewer, election judge in Beaver Dam Township, school inspector and road overseer. In 1852 the County Court awarded him a contract to finish a bridge on Cane Creek. The Court records show that Samuel B. Kittrell lived in Beaver Dam Township on Cane Creek. In January 1853 he purchased forty acres of land from his brother Solomon Kittrell. This land is in Cane Creek Valley about one and one-half miles north of the present Harviell. Perhaps this was his place of residence.
John Eudaley was very active in public affairs in Butler County. As Town Commissioner he granted title in the name of the County to the purchasers of the first lots sold in the Town of Poplar Bluff. He was county assessor, election judge in Epps Township, school enumerator, agent to bring money from Jefferson City and road allotting justice. The Census of 1850 shows that he was then 35 years old and born in Virginia. His wife, Orlena, was 34, born in Tennessee. The children were Polly 15, Reed 14 and Elizabeth 12, born in Tennessee; Dicy 9, Sally 5 and Lucy 3 born in Missouri. In the household also were William King, age 23, born in Tennessee. Mr. Eudaley lived in upper Cane Creek valley fifteen or more miles from Poplar Bluff. His many trips to the County Seat meant many weary hours and many miles of travel, probably mostly by horseback.
According in the 1860 Census, James William Morrow was then 42 years old and born in Alabama. His wife, Naoma, was 38, born in North Carolina. The children were Elvira 17, Louisa 15, Emily G. 7, Nancy A. 4 and Asalee 1, all born in Missouri. Mr. Morrow is not enumerated in the Butler County Census for 1850. We do not have information as to where he lived in Missouri before coming to Butler County. His home was in Beaver Dam Township about one and one-half miles southwest of the present Harviell. Besides serving on the County Court Mr. Morrow was election judge, allotting justice, school inspector and road viewer. His estate was settled in Probate Court in 1868 with Elias Brannum as administrator. His farm of 160 acres was purchased at administrator's sale by James Brannum for $571.00. The low sale price of the farm is a sharp commentary on the hard and bitter economic conditions in the County following the close of the Civil War.
Progress continued in the County even though this Court had an active life of only a little more than six months. Jackson Lacewell and Lewis Buis were allowed $180.00 as one-half payments for a bridge across Soss Slough. Pleasant Majors was allowed $99.83, balance due Horton for bridge on St. Francois River. In the 1854 election the voters approved a plan to subscribe $50,000.00 in stock to the Cairo and Fulton Railroad. On October 24, 1854 the County Court noted this approval and ordered the stock subscription to be paid out of proceeds of sale of swamp lands. This marks the first official action we have found for building a railroad through the County though it was to be another eighteen years before a railroad was built. Settlement in the swamp lands was encouraged by selling "script" which could be used in payment on the land. This plan gave the purchaser opportunity to examine the land and provide the County with much needed capital funds. Apparently many settlers in the swamp areas had neglected to file a claim to the land on which they were living. The court ordered all such settlers to file a description of their holdings up to 160 acres with the County Clerk. Probably there were many bitter disputes over land ownership because the original settler did not take the time and trouble to enter a claim to the land on which he was living.
This article completes a study on the three member County Court in Butler County from June 18, 1849 to April 28, 1855 or until the District County Court took over in September, 1855.
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