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Chapter 4: First Term of the Butler County Court |
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Governor Austin A. King appointed Solomon Kittrell, Jonathan Sandlin, and John Stevenson as members of the first county court. These men had, of course, been recommended to the Governor and we would assume were among the most successful and influential men in the county.
We have been unable to secure any information about Sandlin and Stevenson, but considerable information has been preserved on Kittrell. He was probably the wealthiest man in the county, owned and operated a large tract of land on Cane Creek, operated a general store, a distillery and a tanyard. His home was near Goose Creek just northeast of the crossing of that creek by Highway 60, about eleven miles west of Poplar Bluff. The Old Military Road was in front of his house.
Local government begins in Butler County with the first meeting of the County Court, June 18, 1849. Since this first session is a very important event in our county, we quote in full the first paragraph of the Court Record, as follows: "Records and proceedings of the County Court of Butler County in the State of Missouri, at its adjourned term begun and held at the house of Thomas Scott in said County, on the 18th day of June, in the year of our Lord one thousand eight hundred and forty-nine—present the Hon'l Jonathan R. Sandlin, Justices of said Court." The reference to the session as "adjourned term" puzzles us. Since it is the first session, why is it an "adjourned term"? We believe the answer is in the first payment allowed to the Justices for their services. In the Act creating Butler County, the General Assembly directed that the first meeting of the Court was to be the second Monday in May, 1849. On June 19, 1849, the second and last day of the term the Court allowed Kittrell and Stevenson six dollars each for three days services and allowed Sandlin four dollars for two days services. From this payment we conclude that Kittrell and Stevenson met at the house of Thomas Scott on the second Monday in May as directed by the General Assembly but in the absence of Sandlin refused to transact any business. They adjourned to June 18th but no minutes were kept, or if kept, were never transcribed into the Court Record.
Jacob C. Blount was appointed Clerk of the Court. Evidently this was prearranged as Blount was present and offered securities which were accepted. Blount was clerk of the County Court and of the Circuit Court for ten or more years and also performed other public duties when requested by the County Court. About the only personal information we have about him is that he was a good joker and was "excellent at a social game of poker.* John Stevenson was chosen President of the Court.
The Court then recognized that Martin Sandlin of Ripley County, one of the Commissioners to select a site for the permanent seat of government, had "departed this life," and appointed John F. Martin of Ripley County to fill the vacancy.
The next order of business was the appointment of officers we now term school enumerators. Thomas R. Davis was appointed "to take the number of school children in Black River Township," and Gabriel Davis was appointed to the same duty in Otter Creek Township. These townships have been organized by Wayne County. The enumeration was important as the permanent school funds of the State were apportioned to the counties on the basis of the number of children enumerated. The County Court could then loan the school monies to citizens of the county. Money was very scarce, so any opportunity to secure money for use in the development of the county was eagerly sought. The interest on the school loans could be used in support of public schools, but there is no evidence that any public schools were operated in Butler County before about 1870.
The Court then adjourned with the following statement, "Whereupon the Court adjourned to nine o'clock tomorrow morning."
The second day of the term, June 19th, the Court licensed Gabriel Davis to operate a ferry to cross Big Black River on the road, "leading from Brannum's old mill to the Indian Ford on the St. Francis River." We will give further discussion to this ferry in a later chapter on early day ferries.
We quote in full the next order of the Court. "John N. Yarber a justice of the peace in Otter Creek Township is hereby appointed Road Justice in said township whose duty it shall be to lay off into proper divisions all the roads in the said township and make report thereof to the next regular term of this Court." Thomas R. Davis was appointed Road Justice in Black River Township with the same duties as described for Yarber.
The Court then ordered that hereafter and until otherwise directed the courts of Butler County were to be held at Daniel Epps' house. The sheriff was to advertise the change by putting up handbills at six of the most public places of the County. The handbills had to be handwritten as there was not a printing plant in the county and the typewriter had not been invented. No reason was given for the change in the meeting place of the courts. Our research does show that Solomon Kittrell had married Lucy Epps, a daughter of Daniel Epps.
The first account ordered paid by the court was for $5.48 to Zenas Smith, a pioneer merchant in Greenville, Missouri. The Court Record does not name the service or merchandise covered in this account, but we have a strong feeling it was for the merchant's account book used by the Court for its record and possibly some office supplies. We have previously mentioned the fees allowed the Justices for their services. Newton Wallace was allowed three dollars for two days services as sheriff. Wallace as the first sheriff of Butler County and had been appointed by Governor King.
"Whereupon Court adjourned to Court in course to meet at Daniel Epps."
*Quoted from "A View of a Growing Town" by Richard L. Metcalfe.
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