Thanks very much, Ross. Your explanation greatly expanded my understanding of the court system there...and I especially appreciate the links you included. Saralie ----- Original Message ----- From: "Ross Cameron" <[email protected]> To: <[email protected]> Sent: Thursday, July 24, 2003 4:48 AM Subject: Re: [MOLAWREN-L] News of Circuit Court, Fall 1865 and misc. > > Saralie, > > These are two different kinds of courts and both have existed from the organization of the county. > > The circuit court is the criminal and civil trial court. It is called circuit because the judges and attorneys were appointed for a group of counties called a judicial circuit or district. They traveled the "circuit" in those counties. The circuit court met in each county at a set time during the year. Each county has a clerk of the circuit court which keeps the records for the court sessions held in that county. In 1874 the office of county Prosecuting Attorney was established to replace the circuit attorney. > > The county court is an administrative body which conducts the county's business. It is not a trial court. Today it is called the County Commission. The judges of the county court were not trial judges nor lawyers, though some may have been lawyers by private occupation. > > The Probate Court was established in 1866. Before this probate matters were conducted through the County Court. In 1947, this court became the Probate and Magistrate Court. > > If you want to read about the activities of these two courts in early Lawrence County, see Goodspeed's 1888 History which Judy Johnson Reustle has put online at: > > http://www.rootsweb.com/~molawre2/gooda.htm > > The County Court history begins on page 36 and the Circuit Court history on page 57. This may give you a better undestanding of the differences between these two types of courts. > > If you want to see the kinds of records that you might find in each court, go to the website of the Secretary of State for Missouri which lists the various kinds of records that might be found in the various county offices. > > http://www.sos.mo.gov/archives/resources/county/croll2.asp > > Yes, Webster County has had a circuit court since it was organized. The original records are probably in the Office of the Circuit Clerk in Marshfield. The State Archives has microfilm of these records. The list of microfilms for Webster County records, including the Circuit Court which start in 1855, are at: > > http://www.sos.mo.gov/archives/resources/county/webster.pdf > > Ross Cameron > > >>> [email protected] 07/24/03 01:12AM >>> > This item was interesting to me, esp the notation about a circuit court of the time. Was there a similar circuit that included Webster County? If so, where would the records of that circuit be stored? They do not appear to be in Webster County. Also, does anyone know when the circuit courts ceased and county courts begain in Missouri? > > Thanks, Saralie > > ----- Original Message ----- > From: <[email protected]> > To: <[email protected]> > Sent: Wednesday, July 23, 2003 7:43 PM > Subject: [MOLAWREN-L] News of Circuit Court, Fall 1865 and misc. > > > > > > >From Weekly Patriot published in Springfield, Mo.; Thursday, 9 Nov 1865: > > > > >From Lawrence County. > > > > Mt. Vernon, November 6. > > > > Editors, Patriot: County and Circuit Court commenced here today, his honor, Judge Price, on the bench of the Circuit, but Judge Landrum, President of the County Court, absent on account of severe sickness in his family. > > > > A large crowd is in attendance, and a considerable amount of business is likely to be transacted. Some land sold at good prices. > > > > Some cases of interest will likely come up for trial before the Circuit Court this term. One is that of alleged horse stealing by a Union soldier while acting under instruction from his Colonel. The plaintiff in the case is reported to have been rebel at the time, son of Judge James Cherry, of this county. The soldier is James Wilson, brother of our worthy County Clerk. > > > > Another case is that of rebel Major John Wear, for teaching school without taking the oath of loyalty. He was arraigned before Esquire Davis, whom he threatened by saying if he did not take care he would have him arrested. But the Justice did not scare worth a cent, but bound him over to court. A day or two after his arrest the Major is said to have appeared on the streets of town with an urchin hanging to each arm, and one or two holding on mightily to his coat tail. They all moved on in solemn silence towards the place where the big rebel was wont to teach, and little rebels learn. What they did that day when they arrived there none but themselves know. It will always remain a matter of great uncertainty, shrouded in impenetrable mystery, whether he offered a prayer for Jeff D. the Southern would be Confederacy, or the New Constitution. One thing, however, is said to be a known certainty -- the next day his school played out, just as he will. When asked what he meant by ! > te! > > aching after his arrest, he heroically replied, "I want to show the people hear what damned little sense they have." It is to be hoped they are convinced of this. > > > > Another case is that of horse stealing, by a man named Norton. It is said he will produce papers to show he was a Union spy at the time. If so, people will be surprised. > > > > [Poor Bernard Norton. I still think he's buried in a shallow unmarked grave in Lawrence Co.] > > > > Also found the following partial advertisement on a page I had copied for other reasons. I believe about the only thing missing is the name of the establishment or firm. > > > > Weekly Patriot, Thursday, July 6, 1865: > > > > Will commence its regular tri-weekly trips on Monday, July 3d, and leave Springfield thereafter Monday, Wednesday, and Friday, returning every Tuesday, Thursday and Saturday. Comfortable coaches have been provided, and every effort will be used to accommodate the traveling public. > > > > For further information, or passage, apply to Wm. Thompson, South street, corner of Walnut, Springfield, Mo., or to the agents, either at Mount Vernon, Sarcoxie, Granby, or Neosho. > > > > Geo. W. Randolph > > > > [George W. Randolph lived in McDonald County. He was Circuit Attorney for a while in the circuit which included Dade, Lawrence, Barry, Jasper, Newton and McDonald counties.] > > > > > > ==== MOLAWREN Mailing List ==== > > Looking for a town, postoffice, cemetery, creek, etc. > > Try the mapping services at USGS GNIS. > > http://geonames.usgs.gov/pls/gnis/web_query.gnis_web_query_form > > > > ============================== > > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > > > > > > > ==== MOLAWREN Mailing List ==== > Looking for a town, postoffice, cemetery, creek, etc. > Try the mapping services at USGS GNIS. > http://geonames.usgs.gov/pls/gnis/web_query.gnis_web_query_form > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > > > > > ==== MOLAWREN Mailing List ==== > Whoops! 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