Page:History of Southeast Missouri 1912 Volume 1.djvu/218

 158 HISTORY OF SOUTHEAST MISSOURI den and George C. Harbison. Their names ere found in the record of the year 1805. Hayden was one of the first trustees for the tOMTi of Cape Girardeau, chosen in 1808. Among the other early law-j^ers in Cape Gir- ardeau were Nathaniel Pope, and James Evans. Evans was a very popular and able man, had a very large practice at one time, and was a member of the first constitutional convention. For a short time he served as circuit judge, bvat he ruined his career by be- coming an habitual drunkard. He removed from Cape Girardeau to Perryville, from Perryville to Kentucky, where he afterward died. The Byrd family of the Cape Girardeau district was one of the influential families during the early history of Missouri. The leading members of the family were Stephen and Abraham. They were brothers, being the sons of Amos Byrd. They came to Upper Louisiana from Tennessee about 1800. The home of the family was fixed at Byrd's creek, not far from Jackson. Stephen Byrd was fre- quently in office. He was a judge of the court of common pleas for the Cape Girardeau dis- trict, was one of the men who drew up the remonstrance concerning the organization of the Louisiana di.strict and its connection with the Indian Territory, and was a number of times a member of the territorial assembly. He also took part in the convention that framed the constitution of the state and was afterward a representative of Cape Girardeau county in the general assembly of the state. Abraham Byrd was also a member of the state legislature at different times, and was a presidential elector in 1836. His family was a large one, and their descendants, many of them, still live in Cape Girardeau county. In 1817 there came to Cape Girardeau a young man named Thomas B. English. He was a native of Louisiana and was educated at St. Mary's college. He studied law with General Johnson Ranney, and was afterward admitted to the bar. He was a man of great energj', and was modest and unassiiming in manner, but soon was able to take a very high rank in his profession. Mr. English was a Democrat, and had considerable political experience. He was for a time circuit attor- ne}% and in 1860 was a member of the state senate. In 1865 he was appointed judge of the tenth circuit, but died in 1866, John D. Cook came to Cape Girardeau dur- ing the time when Missouri was a territory and in 1820 was chosen a delegate to the first convention which formed the constitution of the state. In 1822 he was appointed judge of the supreme court but held the position for only about a year, resigning to accept the po- sition of circuit judge of the southern judi- cial circuit. At the meeting of the first state legislature Cook was placed in nomination for one of the senatorships but was not chosen. Pie was a man of great ability and recognized tc be of the highest integrity and his friends said of him that if he had been as enterpris- ing as he was able he would have risen to the very highest places. He possessed, however, but little ambition and was inclined to be indolent. His homeliness was proverbial among his friends. Younger members of the bar found in him a friend and he was always ready to give them advice and assistance. Under the territorial government as it was first organized the chief judicial authority was vested in a court of quarter sessions of the peace. This court was to be composed of all the justices of the peace in the coimty, ho were to be appointed by the governor, not less than three were to constitute a quor- um. This court had general jurisdiction, ex-