CIRCUIT COURT.

Judge Gallatin CraigHolds His FirstTerm of Court.

The regular January term of our cir-

cuit court was called Monday, and asthe attorneys, newspaper men and jur-

ors came into the court room, theyseemed impressed with the change thatgreeted their eyes. At the judge's stand,where for the past twelve years wc hadbeen accustomed to be greeted by JudgeAnthony, a stranger to many of us was

seated. There was something about the

new occupant that impressed us favor-

ably, and we trust, and believe thatJudge Craig will prove a worthy suc-

cessor to Judge Anthony who retires

with the love and esteem of all who know

him --an honorable, high minded citizen,

a judge unsullied.David R. Atchison was the first to

preside at the circuit court of Holtcounty, he being appointed bv the gov-

ernor in 1841. Judge Gallatin Craig is

the twelfth judge to occupy the benchHenry S. Kelley occupied the bench forthe longest time, serving from 1872 to13S7. and Judee Anthony the secondlongest, from 1837 to 1899, twelve years.David K. Atchison, the first judge.servedthree years. Henderson Young, threevears: S. L. Leonard, 0 years; Wm. B.

Almond but six months; Elijah Norton,eight years, Silas Woodson four years;William Heren, five years; Bennett Pike,two vears; I. C. Parker, two yearsHenry S. Kelley, seventeen years andJudge Anthony, twelve.

Thomas Reynolds, as governor appointed Judge Atchison, the appointmentbearing date, Feb. 1, 1841, and the circuit was known as the 12th. The courtwas held at the homo of William Thorpenear this city, and was convened March4. 1841. Abram Shafer, a justice of thepeace in Clay township, administeredthe oath of office to Judge AtchisonAndrewS. Hayes was appointed clerkof the court and William Thorpe was

chosen to perform the duties now performed by the sheriff, and in those dayshe was known as the "Elizer." Peter H.Bennett represented the state as attor-

ney, receiving his appointment fromGot. Reynolds. Burnett went to Callforma and upon that state being ad-

mitted to the union, ho was chosen mgovernor of that state. Ho died in May1895, at tho age of 87. Hughes held theposition of clerk but a few days, andBoyless B. Grigsby was made clerk, whowas also recorder of deeds.

Of the original grand jury, not one isliving today; the last to survive was Roland Burnett, whodied a yearago at theage of 93. Silas Pierce was the lastsurvivor, of the first petit jury; he diedin April, 1896, at the age of 78. As withthe jurors, so with the first officers oftho court; all are dead.

Our new judge, Judge Gallatin Craig.was born in Gallatin county, Kentucky,May 20, 1853. His father, Judge AlbertG. Craig, was a county judge for a num-

ber of years of Gallatin county. JudgeCraig was raised on a farm. His earliereducation he received in the localschools, and when about 17 yea.s of agehe entered Ghent College, and aftergraduating there he spent two yearsreading law in the office of Judge J. M,Collins, late of Covington, Kentucky.He then entered the university of Vir-

ginia, where he completed his education.He came to Maryville in 1878, and en-

gaged in the practice of law. devoting,however, for a few years considerableattention to real estate business, and realestate law. Since 1882 he has been en-

gaged exclusively in the practice of hisprofession. He has had a large practiceand has been a most successful lawyer.

At the election held on the 8th of lastNovember, he was elected as judge ofthis judicial circuit for six years fromJanuary 1, 1899. No one doubts that hewill prove a good judge, and that he willwear the judicial ermine worthily andwell.

Hon. Cyrus A. Anthony, the retiringjudge was born April 29, 1839, in Hack-ettetow-

New Jersey. His father, Fran-cis Anthony, was a native of Tyrone,Ireland, and emigrated to Americaabout 1818, settling in New Jersey. In1852, he came west, selecting as his homea beautiful farm in Stark county, Illin-ois, where he died in 187G, after a happy,useful life. His mother, Elizabeth Hager,daughter of Jacob Hager, a Germanfarmer, was a native of Warren county,New Jersey. The subject of this sketchwas raised on the family fa-- m in Starkcounty, Illinois. He attended a courseof literary reading at Lombard University, Galesburg, Illinois. In 18G1, he en-

tered as a private soldier. Company K.,fifty-fir- st Illinois infantry, and remainedin active service until peace reigned, be-

ing mustered out in lSUI. Mr. Anthonypossesses firmness and com-bining the two qualities indispcusihleto great action. Add to these daring,and you will readily see why his promo-tions followed so rapidly. He was firsta quartermaster sergeant, then first lieu-

tenant and finally promoted captain ofCompany G. He was engaged in ser-vice in Missouri, Tennessee, Alabamaand Georgia. He was admitted to thebar in April, 1S09. In 1870 ho locatedat Maryville, where he now resides. Hewas county attorney of Nodaway countyduring 1875-- 0, and city attorney of Maryville during 1874-5-- 0.

He represented Xodawav count twoterms in the Missouri legislature. In1830, ho was elected to the circuit bench.and at the end of his first term was rr

i . i t, , . .iecioi. aim uns t erven twelve vears in

this capacity. He retires from the benchwitli the respect of the bar. the esteemof the people, and a record of havingicen an able, just and upright judge.

May lone life and happiness be his.He will engage m the practice of law.

To his left sat the new clerk. Geo.Hogrefe. and his predecessor, Mr. Morns, who will assist him this week.

in ironi ot tiie judge was seated thenew sheriff, Mr. Ramsay, who is assistedby ex Sheriff Edwards, W. E!en Smith,Frank Graham and Jas. R. Brown.

Tofais right sat thecourt'sstenograjih- -

er, Harry M. Irwin, who so acceptablyserved under Judge Anthony.

It was perhaps ten o clock beforeJudgo Craig appeared in the courtroom,arid he immediately went to work

the sheriff to "call court,"which was promptly done.

Concluding his remarks to the bar hethen turned to the grand jury and said:

Gentlemen of the grand jury: It isvery important that you should notunderestimate the responsibility of yourjKwitionH no members of the grand jury.

Remember for the time being you are apart of the court, and an essential part,as to the proper administration of thecriminal laws of the state, so far as yourcounty is involved. Men often act withdetermination or the reverse according-

ly as they feel the imjiortance attachedto their work. In practice for someveais past, I have found this strictlytrue, and now feel that, as you realizethe imt,)ortanee of your work, you willperform your duties. I sficak this hop-

ing that everything of importance thatmay be called to your attention shall receive due consideration.

Many objections have been raisedagainst the grand jury system, and someof our states have no grand juries; yet,I believe that the experience of centuries will justify and does justify the con-

tinuation of the svstem. You, gentlemen, however, as memliers of the grandjury, have nothing to do with the question of propriety or impropriety of proceeding by grand juries in criminalcauses. It is sufficient to say that wehave this system, and having it. shoulduse our best endeavors to make it suecessful in its operations.

The esteem in which any communityis held is based on the enforcement ofthe laws in that community, and noton- -

ly is this true, but the value of projiertyitself, so far as its commercial value isconcerned, is largely dependent on theproper administration of the law. Itmay seem strange, yet it is neverthelesstrue, that in a community whero the

jcnoE caluvtin ckaig.

aw is not properly respected and en-

forced, property will not command itsreal value. Therefore, every good citi-

zen is interested in the projier adminis-tration of the law, not only on accountof good morals, but also from a commer-cial standpoint.

In the administration of the criminallaw. under our system, in felony casesthe grand jury determines whether ornot a proceeding shall lie institutedagainst an individual. It is true thatin felony cases a proceeding cm be instituted against the individual before ajustice of tho peace, but this is onlywhat we term a preliminary hearing,and after all, it remains for tho grandjury to say whether the party shall beput upon trial on the charge. As tomisdemeanors, the grand jury does nothave exclusive jurisdiction, as, in thisclass of crimes, prosecutions may beeither by information or indictment, andan information may be either lefore ajustice of the peace or in circuit court.It is important for you gentlemen to keepthis distinction in mind, as no partycharged with a felony can be put UKnhis trial unless a grand jury first prefersan indictment against him: while mis-

demeanors ma be punished on information either in the justice or circuit courts,or, by indictment.

The oath that you have just takenvery clearly and succinctly states yourduties. In this, you state that you will"diligently inquire and true presentmentmake according to your charge of alloffences against tho laws of the statecommitted or triable in this countv ofwhich you have or can obtain legal cvidence.'' From this, you readily observethat the boundaries of your county isthe limit of your jurisdiction, and thatall offenses against the laws of this state,committed, either in whicli you haveknowledge of or can obtain legal evi-

dence of. you are. under your solemnoath, to act on.

In this connection, the court chargesyou that, if any member of the grandjury has knowledge of the violation ofany of the laws of this state, it is hisduty to disclese such violations to theother members of this jnry. While youwere at home and acting as a citizen,you were not under thesame obligationsto take this course, but, having beenchosen and sworn as a grand jury, youmust do it, if you comply with the lawon the subject For this purpose, youcan be sworn, and the members of thegrand jury, having heard your evidence,may act in the premises, and, in this con-

nection, nine voting for the finding of abill will le sufficient to return a truebill into court. In all matters that maycome before the grand jury, if nine ofyour number vote to lind a true bill,that will be sufficient for linding one.but less than nine voting to lind a truebill, will be insufficient for the lindingofa true bill.

Your oath further states that "thecounsel of your state, your fellows andyour own you bhall truly keep secret.'This, too. gentlemen, is an importantpart of your duties as a grand jury.Remember that the state has a right todemand this at your hands The follow-

ing of this provision is very important.After leaving the jurj room, you shouldnot divulge anything that has occurredtherein. You have no right to statewhat an member of the grand jury saidor did relative to any huskess that mayoccur while m are acting as a grandjury, in connection with the administra-tion of tin- - criminal law. This appliesas well to what lias lecn said in the juryroom as to voting therein Neither haveyou the right to disclose what any wit-

ness shall swear to or to disclose anyevidence whatever which has lecn takenbefore jou.

Your attention is seciully called tothis matter Tor the reason that oftengrand jurymen thoughtlessly speak ofsome business, orof theevidencc in somecase which has been liefore tho grandjury: and also for th- - reason that frequcntly some perron, who is interestedin behalf of themselves or others, willendeavor to obtain from members of thegrand jury knowledge of what has takenplace in the grand jury room. We nowwarn you to bo careful to prevent this.

Again witnesses are also sworn not todisclose anything that they may testifyto or about while witnesses before thegrand jury, and tho court desires you toparticularly instruct witnesses on thissubject to prevent them from willfullyor thoughtlessly divulging what takesplace before you.

There are however, some instances,when you may be called upon to disclose what has taken place in the grandiury room, and particularly as to whatcertain witnesses mav have testified to.As an example of this If a witnessshould testify before you to a certainstate of facts, and afterwards, upon thetrial of the cause in court, should testifyto a different state of facts, you may becalled upon in open court to testify as towhat such witness had testified to in thegrand jury room. But, as these exceptions relate to procedure iu the trialcourt, it is unnecessary to further callyour attention to it as you will then lieunder the instruction of the court.

Vour oath further provides that youwiU present no one for any hatred, malice or ill will: neither will you leaveanyone unpresenteel for lo e, fear, favorof affection, or for any reward, or hopoor promise thereof.' This part of youroath is especially worth considering inthe actual performance of your business.I know of no provision in the administration of the criminal law that deservesmore consideration. 1 remember quitowell, when I was prosecuting attorneyof my own county, that I found it exceedingly important to separate causesoriginating through malice or some pettythought of imaginary injury, from thosothat were instituted from a desire to en- -

forco tho law. In cases where partiescomplain of their neighbors, and it canbe ascertained that the complaint reallyoriginates from some imaginary cause orgrievance, spite or ill will, but little at-

tention should be paid to such com-

plaints. It will not do, however, to entirely ignore cases that might be instituted on account of ill feeling betweenparties, as there are certain class of casesthat may never come to light unless illfeeling should disclose them. It will bosufficient, in calling your attention tothis matter, to refer you to the old say-

ing, that "where thieves fall out, justmen may then receive their dues." Thismay not be an exact quotation, but itserves to illustrate the point that thocourt desires to call your attention toIt sometimes occurs that tho worstcharacter of local crimes not meaningto say the highest kind of crimes, butthose which most seriously affect thogood order of the community and administration of our laws are divulgedby the jmrties engaging in saint fallingout and becoming angered at oneanother, sufficiently so to tell who it is that isbe carrving on the nefarious business,Therefore, while you should look carefully to determine the motives of thosewho are complaining, whether through aspirit of ill will, imaginary grievances oranger: or from a proper motive to try tohave the law enforced, yet, if in yourjudgement, a crime has been committedyou should return an indictment regardless of the motive.

Remember also, gentlemen, that in nocase should you return a bill withoutevidence, and in this connection, youshould not return a bill based exclusiveIy on the evidence of the party that may-li-

e

charged with the crime. He cannotlie compelled to testify against himself,and therefore, the bill should not be re-

turned on his evidence. Nor, is a busband or wife a competent witness againstthe other in a criminal case, and cannottestify therein without the consent ofthe one that may be charged. Thereare some exceptions, however, to this,relating to crimes wherein the one orthe other is charged with ersonal injuries to the other.

In your inquiry, into the commissionof crimes, you will be guided by the following limitations. There are five classesof cases that may le punished capitallyTheso are murder in the first degree,treason, rape, certain cases of perjuryas when the party testifying in a capitalcase testifies falsely that he saw the dofendant commit the crime, and wreckingrailroad trains for the purpose of robbery.To these there is no limitation as to time ofprosecuting. Prosecutions for other felonies than these must ordinarily be instituted within three years. A felony is a casewherein the punishment may be capitalor imprisonment in tho penitentiary fora term not less than two years. It isnot absolutely necessary that the pun-

ishment may be in this way. but if thelaw permits the crime to be punished inthis way, then it is a felony, althoughthe crime may be punished by fine orimprisonment in the county jail. Toillustrate: If A should lie charged witha felonious assault, he might be con-

victed and punishment assessed at aterm in the penitentiary, or by a fine orimprisonment in the count jail, or byboth such fine and imprisonment A

misdemeanor is a crime punished onlyby a fine or imprisonment iu the countyjail, or both such fine and imprisonment. Generally, prosecutions for misdemeanors must be instituted withinone ypar from the commission of same.

There area few exceptions to the abovelimitations both as to felonies and misdemeanors, as where a party who hascommitted a crime goes out of the stateand remains, or where he conceals himself within the state. In these instances, the limitations as stated, do notapply.

At the common law, witnesses weresworn by the court, and then sent beforehe grand jury, but under our proceed- -

ure, you have a right to process for witnesses to bring them before you. Wherea witness appears, your foreman will ad-

minister the oath to him. In this, youshould be careful to see that the witnessunderstands the purport of the oath, es-

pecially that part of it that requires himnot to divulge what he shall testify to.If this should lie done, it will, at least,prevent a witness from thoughtlesslyviolating his oath, and in general, willcause him to reflect netore ne violateshis oath. He will remember that thismatter was impressed upon him in thegrand jury room, and will probably re-

gard it more seriously, and thus, a fen-wor-

of admonishment may serve thepurpose of preventing the secrets of yourroom from being made public.

Another matter of considerable importance is that you should see that, in.summoning witnesses to appear beforeyou, that a careful estimate is made ofnow many you can use per day, and alsothat witnesses from the same commun-ity are summoned for the samo day, asan observation of this suggestion will

very much assist the sheriff in the per-

formance of his duties, as well as save agreat deal ot cost. Wo are all aware thattho criminal costs are growing to bevery large, and it behooves all officers ofthe court to be careful to try f6 cut downexpenses in criminal cases. You can, bythis means, perform a great service tothe public. Do your best to prevent anywitness from remaining nioro than oneday in attendance upon the grand jury.In this connection, your foreman, whosigns the scrip, giving the number oiday i service and mileage, should lecareful in issuing warrants Your foreman's attention is also called to the factthat a witness, both before the grandjury and in the trial of cases, is only entitled to fees for the time actually lostin attendance. If he is engaged in business in town which he attends to, and isonly called tion to testify on one day, heis only entitled to one day's pay. Also,a witness who voluntarily appears beforethe grand jury is not entitled to anyfees.

If a witness, who appears before you.refuses to testify, you will write downthe question propounded to him, andsubmit it to the court. The court willthen decide whether it is a propenjues-tion, and direct whether the witnessshall answer the question or not. If thecourt directs him to answer it, and thowitness declines, you will notify thecourt, who will then take the propersteps with the witness.

You will appoint one of your numlicrto act as clerk. This clerk should verycarefully write down the evidence of thnwitness, as it is important that it shallbe given accurately. After it is writtendown, it should lie read to the wituess,who must sign it, if it is correct. It isimportant for several reasons that thisshould be carefully done, and especiallyfor the reason that sometimes witnessesare inclined to chango their testimonywhen they are witnesses on the trial ofthe cause. This may result for severalreasons. It may sometimes result fromthe fact that, at the time that the witness testified, the crime may have beenfresh and the party felt injured andgrieved. After some time elapses, thewitness' feelings may be mollified, and adisposition created to desire to save theparty from conviction. But, in mostcases, it will probably result from otherreasons. There are witnesses who, fromtho of the crime, are unwillhiwitnesses, yet, in the grand jury room,in the absence of all but the grand jury.they may be persuaded to tell the truth:when, on the trial of the cause, the arefaced by their friends and associatesoftentimes the very parties on trial, andwill, for this reason, elruige their testimonv. lliere are classes of casos inwhich this is particular! true. Yougentlemen, should bo careful to seo thatyou remember what the testimony is,and that the clerk correctly records it.

In preparing your indictments, or rather, in obtaining the evidence for thepurpose of preparing your indictments, youshould be careful and the clerk's attention should be especially called to thi- s-

to have tho name of the party, in casesof personal injury or where properly isinvolved - the owner thereof particularly given. As an illustration: If John

. Smith is charged with stealing ahorse belonging to William A. Jones, besure to get Jones first name in full: thatis to say. William A. Jones. However,the middle initial is not important. Asto Smith, the man charged with thecrime, it is not so essential to havecorrect, if on the trial, he appears, andh3 name is incorrectly given in the in

dictment, his correct namecan be placedin the recoid, and the trial proceededwith. If he declines to give his correctname or neglects to do so, he can be con

victed under the original name as givenin the indictment. If, however, youshould get the wrong name of the partywhose property is alleged to have beenstolen, and on the trial the evidence discloses this fact, it will result more ser-

iously. Neither is the description of theproperty so important. If it is a blackhorse that is stolen, simply charge theparty with stealing a horse. It will notbe ncccasary to further describe thehorse. In fact, it will be better not toenter into further description. In oneclass of cases, distinguishing betweengrand and petit larceny, you will be care-

ful to see that the value of the propertyinvolved issuchas to distinguish betweenthe two.

You will also see that the foreman'sname is endorsed on the back of the in-

dictment, under the words. "A TrueBill:" that the indictment is signed by

the prosecuting attorney, and that thewitnesses for the state are endorsed on

the back of the indictment. The wit-

nesses nimes should bo endorsed on theback of the indictment for the reasonthat the defendant is supposed to havethe right to know who is to apiearagainst him, but further, this is imjKirt-an- t

for the reason that the state couldnot obtain a continuance on account ofthe absence of a witness unless his namewas endorsed on the back of the indict-

ment. The court will examine tho in-

dictments when they are brought intocourt to see that the proper endorse-ments are made on them, and if it findsthey are not properly endorsed, they willhave to be returned to you for the en-

dorsement.The prosecuting attorney will be at

your service for the purjiosc of advisingyou on the law and assisting in the ex-

amination of witnesses, but during yourdeliberations as to whether a bill shallbe returned or not, and during the voling, no one is permitted to lie present iu

the jury room, excepting the mrnilxTsof the grand jury.

Under our law, the court is requiredto charge the grand jury relative to cer-

tain statutes. Among these special statutes is that relating to county treasurer,his books, county warrants, collectionnnrl iltaliitrACllipnt of the tillblie rpvinmAs this is rather lengthy, vour attention I

:n n.i ... n. i... .i...MH Willi-- t v -- "j,!." II UK

prosecuting attorney. Examine bo iks.etc., and see that they are correctly kept.

j

Our statutes also prohibit any judge i

of a court of record, except judges ofthe county court, from practicing law inany court within this state, except thatthe judgo of the probate court maypractice law in other courts than hisown. It also further prohibits any judge

... K.nnf!ntnrr Inn in ant' uniiun nn,l,

mg in the court of which he is judge., :.u:i.:.. nWi, r ,i

while he is acting as such, from pleading, practicing or acting as counsel orattornev-at-la- in any court within thecounty for which he is such clerk ordeputj--, in his own name or in the name

of any other person's, under any pretence whatever. The statute also pro-

vides that no judge of tho county courtshall borrow, either directly or indirectlyfor his own use any money belonging tothe uchool fund, or any money belongingto the county or over which he may haveany control as judge of the county court,nor shall he become security for anyperson who may borrow such money.

There is al?o an act, called tho "publicsafety act," requiring that pubhcbuild-ing- s

shall have their outer doors hungon hinges opening outward, and thatopera houses shall be properly seated.and that hotels, where they have morethan two stories, shall have fire escapesfrom the third story and upwards.

Wo also have the law as to the sellingof intoxicating liquors by dram shopkeepers and those without license, as noperson is allowed to sell three gallons orless without a dram shop license. Ihodruggist can sell four, and the merchantcan sell five. Tho dram shop keeper cansell to all persons except habitual drunkards and minors, and he must sell only

on an ordinary week day. ls we call it.General election day and Sunday areunon the some footing as to the law.

No man has a right to furnish intoxicating liquors to a habitual drunkard, withor without notice. I can't gs to a saloonand buy a pint or any other quantity ofwhiskey or beer, or intoxicating liquor -

and any liquor is intoxicating that contains alcohol and give it to a man who

is a habitual drunkard." Neither cando that same thing as to a minor.

The druggist cannot sell liquors in lessquantity, or less than four gallons, unless on a prescription containing thename of the party to whom it is given,the date, the quantity, and stating thatit is a necessary remedy, and also signedby a regular registered and practicingplnsiciau.

"Now, gentleman of tlicgnuui jury.youcan ordinarily presume that the lastpreceding grand jury made inquiry intocrimes alleged to have beea committedprior to its sitting, and therefore, it isnot so iniMirtant that you devotespecialattention to cases prior to fie sitting oftho hist grand jury: yot,you will remember that, iu felonies, the limitation isordinarily three years, and in misdemeanors only one year, and if, for any reason.you deem it projier to go into nuttersprior to the last grand jury and withinthe almve limitations, you have a perfect right to do so. In fact, it would bevour duty so to do if new evidencestrongly tending towards the guilt ofparty has been discovered or divulgedsince the sitting of the last grand jury

If it should be necessary to furthercall vour attention to anv matters onwhicli you should be specially instructedyou can !. called in at any time to receiu'sneli instructions.

At some time during vour sitting, itwill be jour duty, either as a body or bya committee of at least three of yournumber, to visit the jail f.nd examinethe condition of same, inquire into thetreatment of prisoners, and make reportthereof to the court. You will also insiieet the court house and the officersthereof, theniiinnerof keeping samc.andmake report to the court thereon, and ifyou desire to recommend any chango inthe premises, you will includu such recommendation in report.

The judge named Jno. J. Crews as theforeman, and the jury retired for business. The jury is composed of J. GCatron, Henry L. Alkire, S. I). Robinson, J. R. Milne, Dennis Reynolds, JohnKeaster, Walter Cation. E. E. Hickman,J. R. Elder, J. U. Duncan, Bert Dreherand J. J. Crews. Mr. Hickm-ii- i waschosen sheriff and Mr. Canon clerk.

.lust after the dinner horn Mr. Alkirewas taken suddenly ill, and was excusedfrom-servic- and F. S. Rostock chosento till his place. The sic.--c juror wastaken to the home of his nephew. JudgeH. T. Alkire, a physician called, and isnow improving,

The petit jury is composed of the following: W. C.Jackson, A.J. VanWickle,J. C Bagbv. J. J. Garner, ShannonHardnian, J. B. Coffin, R. ArmantroutFrank Gaskill, Chas. Gaffney, GeorgeAdolph, James Curtis, W. A. Ilinkle,Rich Sh.-pher- Fred Darnell, J. W.Guilliams, Mike Burke, Chas. Castle,A. C. Ware. H. R. Stewart, Clinton Lev-eric- h,

Hugh Brohan, Jas. Carroll. JamesPeret, Thos. Kyger.

Tho address to the members, of thebar was verv short. He informed themthat he desired all the aid the- - were ableto render him in the determination ofairy questions which might come beforehim. Ho desired them to always presentf'lllv anv matter they might bring beforehim; that he wanted them to considerthat he had no private opinions whatever: and that they would always bogiven time to present matters as fully asthey might desire.

The supreme court at its recent sesrion amended rule 20 of that court, andas it is of much imjxirtancc to the mem-

bers of our bar we give the new rule asamended:

Rule 20. Motions for rehearing mustlie accomianied by a brief statement ofthe reasons for a consideration of thecause, and must be founded on papersshowing clearly that some question de-

cisive of the case and duly submitted bycounsel has been overlooked by thecourt, or that the decision is in conflictwith an express statute, or with a con-trolling decision to which the attentionof the court was not called through theneglect or inadvertence.of counsel: andthe question so submitted by tin coun-sel and overlooked bv the court, or thostatute with which the decision conflicts,or the controlling decision to which theattention of the court was not called, asthe. case may be. must bo distinctly andparticularly" sot forth in the motion,otherwiso the motion will bedisregarded.Such motion must be filed within tendays after the opinion of the court shallbe delivered, and notice ol the tilingthereof must lie served on the oppositecounsel. After a cause has been oncereheard, or the motion for rehearingoverruled, either in division or in bancno further motion for rehearing or motion to sitt aside the order overrulingthe motion for rehearing b the samepart v. will lie cutcrtaini' be thi. eniirt"r " 1 '""'uu.

The following cases have been takenup:

State uf Missouri at the relation andto the use of J. J. Pierce, Collector: vs.Kansas City St. Joseph .t Council Bluffsrailroad comjiapy. Tax suit. Continuedby agreement.

Sarah Jane Hahn vs. Diana Miller,Richard Hahn, Daniel Hahn, DavidHahn, Anna Effner, John Effner, herhusband, Rosa Ennis, Malinda Marsh,MaryE. Henson. Leah Prather, Adamllahn, Mettie J. Eldernd Stella Hahn.Partition. Commissioners tile their re-

port.Walter Taliaferro by his next friend.

Michael Dunn, vs. Perro Bevers. Ac-

count for labor. Defendant tllt motion

to strike from docket.Frank Brown field vs German Guaran

tee Town Mutual Insurance Companyof Kansas City, Mo. Civil action. Submitted to jury; verdict for Plaintiff for81100. Motion for new trial filed.

G. W. Fredricks, vs. W. M. Gossettand W. S. Gossett. Ejectment. Continued by agreement.

George Ross by his next friend il- -

liam M Price, vs. Benjamin F. Martin,and Hut Brown, partners under stleand firm name of Martin & Brown. Suiton note. Continued bv agreement.

George Burnett, vs. Win. Burnett;Thos. W. Collins, garnishee. Civil action. Death of garnishee suggested.

City of Mound City, vs. James Van- -

deventer. Appeal from J. P. Continuedbv agreement.

Silas Bucher. vs. Perry D. Murray.Appeal from J P. Apjielee enters ap--

jiearance.P. H. Greenlee, vs. Kansas City, St.

Joseph & Council Bluffs Railroad Company. Appeal from J. P. Dismissed.

Albert Roecker. s. William T. Griffith. James !. Friffith and Isaac Griffith. Suit on note. Plaintiff has leave

to withdraw note by leaving copy.Robert Schoen, vs. Kansas City St,

Joseph A; Council Bluffs Railroad Company. Damage. Defendant files motionfor costs.

John T. Rhodes, vs. Rebecca Rhodes,

Divorce. Temporary i.Imony for eiO.00allowed defendant.

Highly Honored:A brilliant reception and banquet was

tendered retiring Judge Anthony.of thisjudicial circuit, by the members of theNodawav count v bur. at Maryville. onWednesday of Inst week. De

cernber 28th. Eminent civil and criminallawyers of this eectioi. of the state, aswell as the "new beginners." were pres- -

EX JUDGE l A ANTHOSY.

ent to pay their tribute uf respect to anincorruptible judge ami an honest manfor "to be honest. s their world goef, isone man picked out of teu thousand."

On the evening above named courtmet in regular seesion in the court roomJudge-elec- t Gallatin Craig was calledto the bench. Soon after, Judge E. A.Vinsonhaler arose uud offered the following resolutions.which had been unan-imously adopteJ by the Bar nt ii meeting on December 25.

Wiirkeas, il has been our pleasure asmembers ot the bar of Nodaway county.Missouri, to practice our profession inour courts presided over by the Honor-able Cyrus A. Anthony, fur the patitwelve years. And,

Whkrebs, during all thai lime wehave found is him an able, honest, in-

corruptible and impartial judge, everendeavoring to do equal and exact justice between litigants, and to inculcate,by example in his personal life, lessuosof right, justice and morality, therefore, be it.

Resolved, That in this meeting, calledfor the purpose of affording us the opportunity, we take unfeigued pleasure intestimug to the high esteem anil regard in which the members of the barhave ever held him, and in publiclymanifesting our high appreciation ofhis ability ut.d exalted character mjudkie. Aod, be il further

RetoUed, That upon this, his volun-tary letirement from his high office, theduties of which he has so well performed, we extend to him our sincere goodwishes, and indulge the confident hopethat in Hgaid entering the practice ofhis profession he will meet with the suecess which so conspicuously marked hisprogress in the profession, prior to hiselevation to the bench, aud which hisabilities and attaiuments so richly merit.

the resolutions were ordered certihedto the other counties of the circuit, anda request that they ba placed upon therecords. ,

Speeches were made by a numberenlogititic of the retiring judge.

The reception was held at Masou hall,and at 12:30 the guest left fur the Lin-r.II- e

hotel where a banquet was servedConcluJmg the banque6t, toasts wtrain order and were responded to byJudge Henry S. Kelley, Chas. E. Boo-he- r,

E J. Kellogg. E. K. McJinisey,David liea, Ed. E. Aldshire, Jas. ToddfJ. E. Schooler, I. V. McMillan, Galla-tin Craig. L. il. Waters, Those, presentfrom Holt county were: E.J. Kellogg, J.W. and J. II. Siokes and G. W. Murphy,who all speak .f the affair as "elegant"in every detail, and highly enjoyable. Weregret exceedingly that tin Oregon barwhs not rf presented.

Richville.D. C. Foos. son and family have

moved back on their place-- - A family have moved on the old

Waegele place, adjoining the Foiw placeon the east.

Mrs. Feichter's little grand son hasbeen quite sick. Dr. Hodgins, of Fillmore, was called and the little Ihv ismuch better. AovrK.

Tru.steus Salt-- .

VIut.-:i- Wiltinm Iliizlift ami Anirclrttallnglirj.lilf nllr. bv llielr t tnet tl.itilHie lt iavnl Jiilv. l"!:.ml flleil ler rronil III

the rrenrJer' ollliv f Hull comity. MNvmri,mi the 21t ilay ill .lull. lM.ainl rei'iirilril In

ilimie 7 at MK MB. it '' rimriisei .unconveyed lo V. II. ISichard. as tiutee.

In- - follonlni; ilecrnci ie;n situate.1I"K and lieinc In saM .i iiiiit . In. Hit :

Tlie north MMy Mores ol ll- - viutliwiM iiar-- u

rT (f. xrrnt one acre out '! Hie soutliwot cur- -

iirrllierrotlanil Ilie 5iiitli tittv hitch of Hiewest halt o! the southwest I'.i.irtvr. aud theuintheat ii:irter of the nnrllweM iii:irter of

xeclhm fourteen III,, nid the east halt id theuorlheast quarter of section tneiily-tn- o

and Iheiiorlhwe't mutter id the nnrthwe.'tnirirter of the norlhnet inaiter nl sectiontwriitv-lhre- e Z0, all In townsiilptilty-niii- e (S:i)n'rankethlrty-Heve- n .i;),riintalnin 2acrevmnre or less.

In trust, lo secure tn the beneficiary In saidtrust deed named, the payment uf the principaland interest of the four notes ir said trust deedfnllv described. And whepMs default has beenmade in Hie payment ot the said notciccordiii;:to Its tenor-ni- d" the eal hold- -r ot said note Ii.ihrequested nie tn execute said IruM.accordinz tolit term anil provisions: iww therefore, pur-

suant to saw request and in conformity tn theprovisions of said deed of trust. I will on

Tt'KSDA y. .lANUAltY 17. 1KI9.

between the hours pf jia. m. and 5 p. in of thatilav.at the nortli court house door lit the city efOregon, countv and state aforesaid, sell theproperty above described or so much thereofas will ne neresstry ai puouc ouicry iothe highest oiurer lor casu iu nana io .satisfysaid debt and interest and the costs of execut-hi- S

this trust. V. II. KICIIAKIhS.Trustee.

THE OLD RETIRE.

The New County Officials TakeCharge of their Respec-

tive Offices.

With the riving of the jear 1813, anumber of cimnges took place at thecourthouse. Tho officers whose officialcareers hi. tied at midniifht. Saturdaylast, hail all preperatiuns "made fur theirlenve taking, lind everything was in excellent fhape for their successors.

There are a number of chnuges in siccord.mce with the will of the voters ofHolt county. Many of tii,se olii-e- re

elected at the Intu election, never betore, held a county ohV-e-. Amongthesnwe might mention County C:erk

city. Circuit Clerk Hogrefe, KicorderWVIIt-r- , S.ieriff R unsay. County Atlorney Blair, Judge, at Lirge Douiihlv.

The must conspicuous change will beseen in the retirement from the circuitcourt lienc of Judge Cyrus A. Anthony, lie lias served the people in u

very acceptable manner, and there aremany who will regret his leaving. IIwill be succeeded by Judge GallatinCraig, of M irj ville.

Thos" wh i have served upou the cir-

cuit bench in this circuit were:David R. Atchison.. SV.lSJl to 1845UendersonLong.....lS-1'lt- o IS 16

S. L. Leonard d--.- to 18.V2

Wm. B. Almond. April. lS."ito Oct . 1S52Elijah II. Norton . .IKNlS."iii to 1SGJSilas oodson IStW to 1SIHWilliam Heren &J3jjvlSd to ISO!)

Bennett Pike j2r.j. . 1SG0 to 1871Isaac C. Parker 2fi. 1871 to 1S72Henry S. Kelly-..- .. V..1S72 to 1887C. A. Anthony 18S7 to 13!9Gallatin Craig &t-tAS-

Prior to 1S52 the judges were uppointed. In that year Wm B. Almocdwas elected by the people, and each ofbis successors have been chosen in thesame manner.

I'UOSKffTI.Mi ATTOUNKVS

W. E. Stubbs, prosecuting attorneywill be succeeded by Ivan Blair.a uucgman of much ability and of every quahhcatiun lo make our people a strong,capable officer.

In 1872 the law abolished the cilice ofcircuit attorney aud created instead theoffice of prosecuting attorney. The firstelection minor the uew arrangementwas held in 1872 T. C. Dungan waselected aril served two vears. Here isthe. lisl of prosecutors. The roster ofprosecuting uttornejs is as follows:

.VTTOIIN KV.

T. C. Dungan J&.ft..VS. to IS'James Limbird Jiedt. . . lS7."i to IVL. R. Knowles fyZfi ..1870 to 181

S. F. O'Fallon 'f&&YiS. to 1&

tR. I. Rea ficA '.. 18i to 188'Henry Shutts .. '.JghOHtiS--,

to IS89John Kennish... - J tolS!lW. UStubbs.... .C&tolSOl to 139:5(5. W. Murphy.. - jkAT-.-lSt-

tt to 18!)7XL. R. Knowles. 807 to lSHiW. E. Stubbs 1S97 to 18WIvan Blair S1809

L. R. Knowles died while in office, inMay 1897, having been elected in Noyeniber 189G. Mr. Stubbs was named bythe irovernwr to lill the vacaucy.

Prior to 1872, attorneys were appointed by the county court to to look afterthe count 'd legal business, and also tonet as to the district attorney?.John W. Kelley, James Foster, DanielZ)ok. Thomas W. Oolhus and R. DMaryland were among those who tilledthis office.

KK( OKDKI

C. C. Moore, the recorder of deeds,

who has in a tie a lirt.1 class nllicer inevery respect, will give way to lames EWeller, of Maitland, who will pocket thefees of that office for the next fouryearsHe has been assistant cashier of theFarmer's bank at Maitlacd for a numher of eare, and possesses every qualihcution to till tie oIIilv with credit tohimself and party. After the sepaiationof the offices of circuit clerk and recorder, which occurred in 1874, William F,Taylor was elected and entered upon hisduties January, 1S7.". He left the statin 1S7S, and M. M. Super was appointedto till the vacancy. rjWm. F. jHfmt) . 18M.M.Sop,-r.....-

S

Daniel Zachman. . jCuAy. . 1879 to 18:iji . r .... 7s. .

A. C. Morgan . ..fltf?.M 1SS7 to 1891D. P. Lewis J.&UiW to 1S9T

C. C. .Moore. . . . Mrfh, - 1893 to 1899J. E. Weller .4p.lSW

tRobert Lousdied iu March,lSS, andJ. W.Stokes was coaiuu&siuoed aud hideputy Henry Shutts tilled the unxpired term, i'aylor mvslerously disappeared acd M. M. Super was appointedto till yacancy.

UKiTiT i.i:i:k.Circuit Clerk Mori is will retire and

give way to George Hogrefe. Mr. Morrishas been uu efficient clerk ami a popularman with the people Mr. Hogrefe. whosucceeds him is not onlj worthy but isdeserving of tho trust placed in him bthe people. There is no cause for doubtbut that the affairs if Judge Craig'scourt will be attended to strictly up tothe highest uotch possible.

(u Murcli 1811 Circuit Judge DavidR. Atclm-o- appointed Andrew S.Hughes to serve until a clerk should beelected.

At tlie general eltctiun held iu Nad a

way, Le-wi- and N'ishtiuootna townships,August 2uil. 1S1I. B,it-s- s B. GriKsbyWH3 electeil over l.arKiu IMclcwuou,ileury ivelley acil ttiioeri. till, lie alsoofficiated us count; cle.--k am! recorder.Mr. Grigsby remained iu office until ufter the election uf IS It!, when ho wassucceeded by John. Collins who died ashort time before the close of his termio lS52und was succeeded by E. Vun- -

Buskirk as circuit clerk andrecorder, and Alfred B. Muiiins as coun-ty clerk. V.inltiiskirk served until 18

when Andrew X. Ruley was appointedby the governor ui.der nu ordinance ofthe constitutional convcutlun held inthai ear, c tiled the "ojstiug ordi-

nance." Uuley wits succeeded by Cap-tai- u

E. It. Allen who wu? elected hi thegeneral election ot 1Sa Allen serveduntil January 1, 187.. when a recorderwas elected and William A.CJardcer beea mo circuit clerk. He served untilJanuary 1, 1879. Those who have tilledthe place may In given in brief as fol-

lows to-w-

Andrew S. Hughes.. 1811Bav less B. Grigsby . .1341 to 1.840

John Collins .4f:U310 to 1852E. VanBuskirk &fyt 1852 to 1805A. X. Ruley

u.-vrr.iu- irj iwi:- -. to I860.1800 to 1375

Win. A. Gardner.. ' , 1875 to 1879W. R. Springer DsIO to tfis;D.S. Alkire. ., W?1SS3 to 1391(niiv. Morris ,1S91 to 1899G. W. Hogrefe ft(if.jAS'.

rCOCSTV CLEWS'.

John II. C. CuttiF, (Uncle Jack) as heis familarly called, after four years service in the office of county clerk, where

he has served our people so well, will al-so be one ot those who will retire. Hiaplace will doubtless be well filled by E.A. Welty.who was called from the mer-cantile business of Mound City by hisfellow citizens to till this important poi- -nuu. in mis omce a man ol businessability is required, and we believe tbepeople huvochojen wisely in selecting;--.11. oriLj.

Io 18- o- Ihe office of circuit and county clerk were separated by an act ot thelegislature, and Alfred a. Mulling waschosen r.t the election in 1832. Therosterfof cocuty clerks up to the presenttime nave ueen:Alf. B. Muliins .JcM.1852 to 1850lames Scott.... v(j9rf"t18.-- G to 18C5W. 15. Davis ... Aj!L..18&tol871Mltorf Rru.. L'IT 1871 to 187.--1

I. H. C. Curtis.... MM..Vgi7i to 1S83Cave Hunt , OBfttl&Z to 1887Dan. Kunkel,Jr...6 1S87 to 1891R. C. Benton .JCVSW1891 to 1895J. H. C. Curtis . . . Mm.. ... 1895 to 1899E.A.Welty Jifit71899

Muliins, Scot'. Hunt ami Benton wereDemocrats, and the others Republicans.

SHEIIIFK.Charles It. Edwards retires with a

splendid record, and leaves to his successor, J oh ti Kanisav. a very resrxmiiblioffice in exellenl condition. The newcomer to this office, is a most excellentyoung man who en jo a the perfect confidence Gt the people who elected bunto thib office, and we do cot fear butthat he will fully justify this confidenceoy his every act as slierill.

Judge Atchison in March 184I.aDDoint- -ed Willimn Thorpe as Ehzor, an officerintended to perform the duties devolv-ing upoc a stieriff. R. M. Barkhurfet waselected sheriff at the Auguet election uf1811. ihe followiozyear be was electedrepresentative and resigned as sheriff.when lie was succeeded for a short timeby Ebenezer Davis the coroner. Thesuccessors of Davis were:R. H. Russell 4rft.l812 to 184tiFrank A. Pollock.. CU.m to 18o0William I). Beeler... IfOUS 18o0 to 1854John L Dozier. uA-8--

A to 1850Galon Crow MtiAlSX to 1860R. Emerson J.f.isit. 18C0 to 1862Wm. Kaucher ..1862 to 1866Albert Roecker Si W to 1870Moses M. Smith. ...&. .71870 to 1872W. V.. Mclntvre jtt41872 to 1874S. T. Lucas Jji,vCl874 to 1878W. H Frame .Lfr.VSli to 1882A.J. Castle Ofi(.lS&2 to 1834J. E. Cummins j(..yal884 to 1880II. B. Dennv M'Cl83G to 18S8W. II. Frame j.1883 to 1892Henrv- - Cook 1S92 to 1894n l? Fi-.,,-rl- 3f iea--. r. isonJohn Ramsay Jfftf..VW.

PIM1BATE JCDGK.Judge H. T. Alkire, the present pro

bate judge, will be succeeded by Ceo.. .Murphy. Judge Alkire will open a

law offico immediately after his retirement from public office, andat once upjn the active practice ot law..tlr. Alkire is au uble and successfulpractitioner, aod his large experience iuthe probate office has especially fittedhim fur practicing before tbe probatecourt, where he expects to do a largeamount of work hereafer. Judge Alkirehas madi) hundreds of fru nJ duringhis incumbency, and he will be a Me tobuild up paying practice io a tborttime. He will open his office in theMoore brick, and will add rexl estate tohis business. Mr. Murphy who succeedsMr. Alkirti is an able votlog lawjwr, undwe believe will in every way, prove amost worthy successor to Judge Alktre.

Prior to ISn the county courts. hadprobate jurisdiction, but separate recordswere at all times kept. Id 18i thelegislature passed a law providing aseparate officer for probate matters, andthe first election was held in 1878, andJudge R. H. Russel wat. the first to beelected as Probate Judge of the county.The following named gentleman haveserved an probate judge:R. H. Russell . .1879 to 1833L. R. Knowles tbife.. 1883 to 1887S. F. O'Fallon r&fy. . 1837 to 1895H. T. Alkire ? ..1895 to 1899G. W. Murphy 7lifM899

COLLECTORThe collector's office will be conducted

for tba next two years beginning withMarchlst.bv Mr.J.J.Pierce,who succeedshimself, acd the treasurer's office willcontinue in the hands of Clark O. Proud,who also succeeds himself. Both otthese gentlemen have been, capable andobliging officers.

Up to 1873 the sheriff was ex officiocollector of revenue. M. M. Smith thenbecame collector: ?M.M. Smith.. 1873 to 1874W.G. Mclntvre. 1874 to 1870S. M. Morrison . . 1S76 to 1888Fred Myers 879 to 1881S. M. Morrison . . 1831 to 1833P. P. Weltv 1383 to 1887W.M. Bover ... 1837 to 1889G H.Allen 1839 to 1893M. C. Brumbaugh ism tn iaoTJ.J. Pierce.

TREAsCnET:.Gilbert Ray was the first to till tbfs

office. He was appointed by the countycourt in 1841. and to up 1S5., this officewas appointive by the county court'.TI efirst election held for this cilice was in1853 when William Zook was elected.Those who have held thii office werthe following: 'William Zook 'Ji( 1853 to 1850John Ovelruan.. .. UtkMlS-'i- to 1860G. B. Chadduck....UvMSG0 to 1862G. 1. Luckhardt (appoinUHWSb2 to 1804Daniel Zook T1S04 to 1SC8Win. H.Sterrett... Strit 1S0S to 1870Win. Basins. 1870 to 1873Levi Oren 1873 to 1879T. I. Kreek... 1879 to 1881John Bucher 1881 to 1885D. Zaclucan . 18S5 to 1887K. L. Allen. . 18S7 to 1S

F. L. Zelh-- r 18t9 to 1891.. B. ClmdJuck. Jlimi to 1393

E C.Me.ver .. v5A 1893 to 1897CO. Proud .. . Jit- - 1897

Clerk Morris will engntre'in the real estate and abstract busiuemin Kiinsns Citv. Mo.

Fx County Clerk t.'urtiu. will returnto Ins old business of mill urighticg.and will make plans and f prciticatitnsfor Hour mills, and tit them up anilstart them going.

Ex Prosecuting Attorney Stubbs nmlhis assistant. Mr. Williams, will continue the practice of their profession?,the former at Mound City, and the Ut-

ter at Craig.Miss Bourne Rrodbeck. w ho has been

the efficient deputy circuit clerk, willbecome clerk of the probate court undsrJuile Murphy

hd wards andMoore have not decided in what titerwill eDirnge, but for a few weeks theywill nid their ther successors.

Soothing, healing, cleaniog. DeWitt's Whitch Hazel Salve is the im-

placable enemy of sores, burns andwounds. It never fails to cure- - Piles.Vou mny rely upon it. Sold by S. WAiken.

FIRST CLASS GRAINAND

Stock Farm For Sale.Having determined to change my busi-

ness. I offer for sale.My 560 Acre Farm

located in the Missouri River Vallev- - inthe main wheat and corn belt, wherecrop failure U seldom known, centrallylocated within 3 miles of three railroadshipping points.

Soil Good, Climate Healthy,land high and dry. Improvements first-clas- s.

Xo waste land: every acre can befarmed. Land, level liottom: 350 to 4(0acres of wheat land. ,

All Good For Corn.4

Anyone wishinsr a first-clas- s crain andstock farm should write at onco for fullparticulars to.

If. C. BENTON, Agent,Oregon. Mo.