USA > Illinois > Johnson County > A history of Johnson County, Illinois > Part 22
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Jeremiah Brown Constable for the township of Clear Creek Andrew Kidd and James B. Johnson appointed Constables for the township of Massac. Ordered on motion of Susan- nah Borin by her attorney, Thomas C. Brown, that a scire- faces is issued against Hoseah Borin to appear at our next September term to show cause why letters of administra- tion granted him by the court of the county in vacation should not be repealed. Henry Giles came into court and prayed leave of the court for indulgence until next Septem- ber term to make return of his inventory and sale list of the estates of Samuel Giles and Thomas Winkler, which he was bound to do at this court as administrator of said estates. Ordered that leave be granted accordingly. The sheriff is authorized to contract with John Bradshaw or any other person for building a stray-pound, furnished with a lock and gate according to law, to be erected at the court house by next September. Giles Stewart produced a receipt from the sheriff of the county for $15.00 for a deposit for license to deal in merchandise agreeably to law, which the clerk is ordered to issue. On application of Thomas Furgu- son to keep a tavern where he now lives, the court ordered "that the clerk do give the same on his paying three dollars for the use of the county and one dollar for the use of the clerk," Thomas C. Paterson entering into bond with him as the law directs. Ordered that the clerk do issue a license to William Simpson to keep a tavern where he now lives on his paying to the clerk $5.00 for the use of the county and one for the use of the clerk. The above taverns are allowed to charge the following rates, whiskey 121/%c per half quart, meals victuals, 25c, horse feed 121/2, hay 121/c, lodging 121/2c. Ordered that this court be adjourned until court in course. Hamlet Furguson, presiding J. C. C. : Attorney J. Finny, Clerk.
At the September court, 1813, J. Griggs and John B. Murray are the judges. Thomas and Parish Green as ex- ecutors of the estate of Nathaniel Green are ordered to hire out a negro girl, full particulars in "Customs." The other orders of this court are explained in other chapters also those of the court of January 14, 1814. At the May term 1814, John Byers as commissioner, furnished a list of tax- able property of the county for the years 1813-14. The record does not give the amount which would be very in- teresting at this time, one hundred and ten years later.
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Byers was allowed two dollars per day for his work and it required thirty-eight days. J. Finny's bill for making the tax list was twenty dollars, making a total expense of $86.00 Thomas C. Paterson is referred to in this court as sheriff ; one Gilbert Marshall was deputized under Paterson and took the oath prescribed against dueling. The February court, 1815 allowed Owen Evans $25.00 for building a stray pounds, and T. C. Paterson was allowed $3.00 for keeping the same since November, 1813. The first will is recorded at this time. At the September term, 1815, Jane Morris was licensed to keep tavern at Elvira, the first woman to have a license for this business in this county. On the January court records of 1816 the names of the Petit Jury were given as follows : J. Hawkins, Charles Murphy, Bennet Hancock, Benjamin M. Huss, Christopher Howlin, Issac Worley, Adam Clapp, John Peterson, Joshua Davis, James Davis, Hoseah Borin and John Gore. The rate of tax was fixed at this time on each horse, mare, mule, or ass fifty cents on every bond servant or slave one hundred cents ; on Thomas Furguson, Thomas Green and John Earthman's ferries eight dollars each; on Charles Bradley, William Smith , Hamlet Furguson, Reuben Glover, Obadiah Russell, Samuel Penrod. and Lewis Crane's ferries, three dollars each ; William Lawrence's mill on Cache, sixty cents ; quite a sum of revenue was realized to the county from ferries. Center township was divided at this time. The clerk of the county was ordered to furnish a list of license granted tavernkeepers in the county, and that the sheriff prosecute all persons known to violate the law retailing spirits with- out license. The selling of liquor was an annoyance in the county as early as 1816. It is still done in violation of the law, as the late prosecutions will show under our efficient mayor, Dr. Robert McCall, 1916, just one hundred years later. Hamlet Furguson is on the record of this court as sheriff. There is also a new judge or commissioner, Marvin Fuller. Up to this time Hamlet Furguson, Jesse Griggs, John B. Murry and John Bradshaw had held the courts.
At the June court, 1816, Johnathan Ramsey was en- tered as an attorney having presented a license from the United States Judges of the Circuit Court. Another item, "Cyrus Butler an orphan boy was bound to T. C. Paterson." Ordered that a special court be held on the third Saturday in July next for the purpose of hearing the case of Cath-
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erine Circe in the prison bounds for debt. An appropria- tion was made to build a bridge across Bradshaw Creek. At the special term which was to be held in the interest of Catherine Circe. Peter Prow, who was also confined in jail for debt, gave notice that he would take advantage of the oath provided for insolvent debtors. Extract from special term July, 1816: Catherine Circe imprisoned for debt this day came into court and having filed and sub- scribed a schedule agreeably to law; took the oath, the statute provided for the relief of insolvent debtors. The September session, 1816, is about the same routine.
At the November term, 1814 the Attorney General for the territory not appearing, the court appointed Robert Mc- Laughlin, to act. The case for the theft of persimmon beer was disposed of. Another case was Hoseah Borin vs. Brad- shaw in which the defendant proved that Basil Borin gave the negro girl in question to his daughter Mary Young. The proof was made by John Borin. At the June term of the same year at a circuit court T. C. Brown was appointed by Ninian Edwards Governor as prosecuting attorney for that district consisting of Gallatin, Edwards and Johnson Counties. Henry F. Delaney produced a license to practise in the courts of the Territory.
COURT NOTES
Robert Henderson had James Lutes bound to him to learn the black smith trade January, 1814. In 1816, David Shearer was licensed to keep tavern on Big Bay, William Lawrence operated and kept tavern somewhere on Cache, the same year. Robert Tweedy, John Bowman and John McHenry were licensed to keep tavern, 1816. At the Febr- uary term, 1816, Fanny Doyle, James Miles, Phillip Shaver, Stephen Quinby, Carter Hall, Sarah Bunts, Ervin, Cran- ville, and Bud Morris all drew wages for guarding the jail. The June term the same year T. C. Paterson was allowed $10.00 for his services as Prosecuting Attorney. Jacob Wolfe was appointed guardian for the orphan children of George Davis to-wit: James, John, Anna, Abraham, Wil- ham and George, all minors. Bennett Hancock was made guardian to Elizabeth, Sarah, and Josuha Peterson, minor children of William Peterson. Susannah Borin was allowed forty-three dollars and twenty-five cents for the care of
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Mourning and Coleman Borin, infant children of Basil Porin.
Another record of the court of 1814 was the buying of wolf scalps from Charles Shearer and George Evans, for which they paid seventy-five cents each.
At the January court, 1817, there were several com- inissioners appointed to assess the property of the county instead of one, Irwin Morris for the township of Elvira; Joseph Palmer for the township of Clear Creek; John Whit- iker for Center; William Smith for Cache; Hezekiah West reported at this time, $1,345.07, monies collected by him as administrator of the estate of James Weaver, deceased. He asked the court to instruct how to dispose of the money. which the court directs he shall hold in his hands until he can let it out on good security, according to law. This was a pretty fair estate for those days. The court opened February 21, 1817, Russell E. Heackock was appointed as attorney for the court to prosecute all violations of the law for the purpose of regulating taverns and was allowed the same fees as the attorney of the District. A second order is made by the court for the regulation of taverns, the price of a meals victuals is reduced to 121/2 cents, brandy is 183/1. cents per pint ; cognac 25 cents per pint, for keeping a horse twenty-four hours, with corn, and hay or fodder fifty cents. The rates on ferries were readjusted at this time.
It might be of interest to name some firms doing busi- ness up to this time, beside those already mentioned : Edward Pointer, Joshua Gross, John Span, George Smiley. David Brock and Young, John Martin, Dukeson Givens & Co., Christopher Sudham, David Shearer, Levi B. Witt & Co., John McHenry and W. D. Fuquay, all these are re- corded as purchasing retail license to sell liquor. A great deal of the county revenue was obtained from distilleries at this time. "On the cash book may be found the following entries, William Lawrence, duties on still $20.00; Robert Hays, duty an spirits distilled, 2643/4 gallons $66.18; Link- horn Harper, tax on 42 gallon of whiskey $11.25; John Whitiker, entered his still of the capacity of 75 gallons to be used in distilling domestic spirits for five months to begin 23rd of March, 1817, bond given for $67.00 with Anthony Morgan and Robert Hargrave, security. Other distilleries were William Echols, John Smith, John Grammer, George Haygood, Elija Bryant, and Hazelwood & Darby. This in-
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cludes all the merchants and distilleries up to the time when the territory became a state. The name of Weir & Campbell appears on the court records frequently, but there is no record of a license having been granted them.
The first grand jury of record is as follows: March, 1814. Jesse Eads, foreman, Jacob Harvick, Abraham Rus- sell, Benjamin McIntosh, David Wright, Jesse Cochran, Joseph Giles, Levi Graham, George Brazel, Henderson, Isiah Palmer, William Hubbs, Jacob Wolf, Peter Bitmesser, John Grammer John Whitiker, William Lawrence, and J. N. Fox. At this court Elias K. Kane was entered as an attorney. March, 1814, John Bradshaw is allowed $2.00 for furnishing wood and building fires at the November term of court. Jacob Harvick is allowed $8.00 for wolf scalps.
On Wednesday, June 28, 1815, the following act of Con- gress is recorded : "An act of Congress regulating and de- fining the duties of the United States Judges for the terri- tory of Illinois. It is allotted to Jesse B. Thomas, to pre- side in the first district circuit; to Wm. Sprigg to preside in the second circuit; and to Stanley Griswold to preside in the third circuit." In June of the following year Thomas Towles is assigned to preside in the third district court. On October, 1817, among the transactions of this court was the buying or paying premiums for wolf scalps as follows: James McLain, Moses Davison, Robert Hargrave, David McInturf, Willis Borin, John West, Levi Paterson, Robert Lott, Adam Clapp, Benjamin Darter, and Samuel Nally, were each allowed $2.00 a piece for scalps. Anthony Mor- gan $10.00 for five scalps, Samuel Penrod $4.00 for two scalps, Elija Wells $5.25 and William Harrington $3.00 for four scalps. Robert Lott seventy-five cents for one, Samuel Ellms, $4.00 for two scalps.
At the July term of this year Hezekiah West is ordered to pay over the money belonging to the Weaver estate. At another court held in 1817, John, Abraham and Anna Davis are bound to Daniel Kimmel. These are the orphan children of George Davis. Patsy Clark is appointed guar- dian for her two children, George and William. John Wel- don was made guardian for the orphan children Joseph, Abraham, Nancy and Napoleon Collins. John Stokes was made guardian for William and Sally, orphans of Ezekiel Robinson.
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At a court held in Elvira, Johnson County, March 6, 1818, by Hezekiah West, John Bowman, Andrew Cochran, James Bain and William McFatridge the commission ap- pointed by the Legislature to decide on a permanent seat of justice for this county reported that they had met at the house of James Bain first Monday in February, 1818, and after being sworn to take in the geography of the county and the convenience of the people adjourned to meet on the fourth Monday of the same month, after gaining a perfect knowledge of the different situations around the center fin- ally determined and designated a spot for the permanent seat of justice for the county on the S. E. quarter of sect. 5. township No. 13 S. R. 3 east near the northeast corner of the said quarter section. This report was made to the above court on the date given and signed by lsaac D. Wilcox and James Bain. . The donation was made by Samuel Mc- Clintock, of Shawnetown, Illinois. Ty. and John W. Gore, George Brazel, James Simpson, Irvin Morris and William Thornton entered into the security of said bond in the sum of $5,000.00, dated March 7, 1818. The donation fixed by the Legislature was 20 acres but the agreement fixed by the court was 30 acres for the use of the county to be de- livered April 1, 1818. Hezekiah West and James Evans were made agents of the court to meet the proposition of McClintock. On April 10, 1818, they met as agreed and the town was laid out as follows: "Beginning 20 pole due south of Mcclintock's quarter (the northeast corner of James Bridges lot ) running due west 84 pole as far as to embrace the west brow of a certain ridge (just beyond the Perkins Hotel, 7th street) thence due south (beyond the John Bain property, east beyond the Catholic church and John Clymore's residence and north to the place of begin- ning so as to inclose 30 acres in a rectangle, the longest way is to be east and west."
Court 1818, J. Finney drew his yearly salary which was $30.00 as clerk of the county. The expense for hold- ing the election of the delegates to the Constitutional Con- vention were allowed at this court. Hezekiah West and William McFatridge were elected the first Monday in July, 1818. The name of Vienna was given the county seat at the July session of court. Another item is the ordering of the sale of city lots in Vienna, sale to take place the third Monday in September, 1818. At a special term of court
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held August 15, 1818, James Bain, Andrew Cochran, Will- iam Simpson, T. C. Paterson and John Copeland, justices, the report was made that the courthouse and the building for the jurors were complete. They were received by the court and the officers of the county were orderd to move their offices to the new building in the town of Vienna.
The buying of wolf scalps is the first business recorded of the first court held in Vienna, November, 1818. The premium was paid to W. Bivins. Isaac D. Wilcox applied and received permission to keep a tavern at his store in Vienna. The second court was a special one, James Bain, Andrew Cochran and John Copeland, justices, presided. Irvin Morris as sheriff, settled his accounts with the court, and the court approved the sale of lots at Vienna and ac- cepted the notes for the same. Martin Harvick is allowed $6.00 for acting as deputy sheriff at the late election held in September. James Finney was allowed a like amount as clerk. T. C. Paterson and Andrew Cochran received $6.00 each for acting as judges at the same election.
At the court held in June, 1819, Randolph Casey on giving bond for $150.00 paying $4.00 for the use of the county,$1.00 for the clerk, and giving John Peterson for security, was allowed to keep tavern in Vienna. Ivy Rey- nolds under like regulations with William Cavenough as security, was likewise licensed. James Jones was appointed treasurer for the county. A payment was ordered to George Brazel for building the court house and jury rooms. Irvin Morris as sheriff was ordered to have prepared a conven- ient bar and bench for the jury as well as other repairs for the court buildings. The county was beginning to take on the airs of a first class court properly housed. The court recommended at this term Hezekiah West, Isaac Worley, William McFatridge and John S. Graves to the governor for justices of the peace. There are two new names as commissioners at this time, James Crunk, and David Elms. September, 1819, some changes were made in townships, a contract was let for building a jail, a stray pound was ordered built in the public square, full particulars are found in other sections.
At the April term, 1820, Sterling Adams was granted a license to vend merchandise in the county, for which he paid $10. The salary of the sheriff for one year, $54.70, was ordered paid. It compares in no way with our present
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sheriff's salary of $1,500 and $1,000 for deputy hire. James Bain and Joseph McCorcle were elected commis- sioners of the court. Joseph Kuykendal, was appointed to take the census for that year; James Hawkins built the stray pound contracted by Irvin Morris. The tavern rates were raised to 371bc per meal. In 1821 Isaac D. Wilcox petitioned the court to establish a ferry on the Ohio River and also for license to keep tavern at the same place.
Courts of 1823-Jacob Harvick is allowed $8.00 for wolf scalps, James Copeland as sheriff, was ordered to buy a guage to meet the standard of the act passed by the gen- eral assembly for the use of the county. Joseph McCorcle was appointed treasurer, to succeed H. West, who had suc- ceeded James Jones, John Copeland was appointed assessor for the year 1825.
The first judges came with Ninian Edwards, and were called territorial judges. Jesse B. Thomas, Alexander Stew- art and Obidiah Jones were the first appointed. Jones and Stewart soon resigned and their places were filled by Stan- ley Griswold and William Sprigg. These three judges held all the courts of the territory, called Supreme or General courts, having concurrent jurisdiction in all case's pretain- ing to personal property and real estate, and exclusive jurisdiction in higher criminal offences and equity, and it was also a court of appeals. The Hon. William Sprigg held the courts for Johnson till the constitution of 1818 which consisted of a supreme judge and three associates The first chosen were Chief Justice Joseph Phillips, T. C. Brown, John Reynolds and William P. Foster associates. was adopted, establishing the supreme court. The court of Common Pleas consisted of five justices, appointed by the governor. They met four times a year, and had charge of all civil cases. The territorial law made it pos- sible for two or more of these justices to hold the court. Johnson was in the third judicial district. The provisions for courts were changed from time to time by the legisla- ture, till 1848 when the Supreme court of three judges was established, one to be elected from each of the three divi- sions of the state for nine years. Nine judicial circuits were also established, and each judge served six years; two terms of circuit court, were required held annually in each county. In 1877 the number of circuits were increased by creating thirteen circuits of three judges each. In 1879
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the circuits were increased to seventeen, and Johnson with Alexander, Pulaski, Massac, Pope, Union, Jackson, William- son and Saline, constitute the first district. The salary of a circuit judge is $6,500 per annum (1924). Heretofore it had been $3,500. Johnson County has had the honor of two representatives on the circuit bench, Judges O. A. Harker and A. K. Vickers, the latter was also elected to the Supreme Court and served as Chief Justice of the state.
First page of the court, called court of Common Pleas, "Illinois Territory, Johnson County, S. S. pleas before the Honorable Hamlet Furguson and Jesse Griggs, Judges of the court of Common Pleas to-wit: Henry Hatten Plaintiff against Henry Skinner defendant-treaspass: Be it remem- bered that heretofore, on the twenty-fourth day of Febru- ary, one thousand eight hundred and thirteen, the following Capias, adrespodendum, to-wit: The United States to the sheriff of Johnson County, greeting, you are hereby com- manded to take Henry Skinner, late of this county, if he be fond in your Baliwick and him safely keep, so that you have his body before our judges at our court of Common Pleas next to be holden for the county of Johnson at the House of John Bradshaw, on the second Monday of March next, to answer to Henry Hatton of a plea of trespass, on the case to the damage of the said Henry Hatten, One hundred dollars, as it is said, and do you have him, then, there. This witness, James Finney, clerk of said court for the county aforesaid, given under my hand and private seal, (there being no county seal) this twenty-fourth day of Feb. one thousand eight hundred and thirteen, and of the Inde- pendence of the United States, XXXVII, J. Finney." "En- dorsed, which said writ had on it the following endorsement to-wit; this is an action on the case, no bail is required un- less ordered by the judges, J. Finney clerk." Which said writ was returned to our said court at the March term, 1813, with the following return on it, to-wit: "Cepi corpus, March 6, 1813, John Bradshaw, Dept. Sheriff, twenty-five miles." A bond for securing the cost was filed by the plain- tiff in the following words and figures to-wit: "Henry Hatten vs. Henry Skinner in the Common Pleas of John- son County, March term, 1813, I do hereby enter myself security in the cost of the above case, agreeably to the law of the territory. Signed and sealed Amos B. Barker." A second case was Henry Hatten plaintiff, Samuel Penrod, defendant. The case was called covenant, broken and re-
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quired bail J. B. Bailey was the bail given, and Thomas C. Patterson was the sheriff and signed twelve miles. The covenant broken was an agreement between these two men who had bought six saltpeter caves, each to pay equal parts, and each to have equal parts, the caves lying on Big Muddy and Cedar Creeks, Randolph (later Johnson) County. They were to work them in partnership, finding and working equal parts, each to have equal parts and to make the powder in the same manner, neither to quit nor sell his part. If he does, he loses his part. This is signed by Samuel Penrod and Henry Hatten. The agreement was dated June 15, 1811. Joseph Conway was the attorney for the defendant. There was some flaw in the plaintiff's suit. The bill of costs was clerk fees, $4.89, sheriff fees, $1.96, attorney's fee $2.50, total cost $9.35. Test. J. Finney clerk, execution issued December 24, 1814."
A third case was John B. Bailey against Frederick Talbot and John Harris. Fourth case: Hoseah Borin against W. M. Cryder, B. M. Piatt, J. B. Murry. The total costs werein one case, $8.37; and in an other $6.72. There is a record of an attachment against David McElmunny in favor of John Greething. Other men connected with this case were Joseph Thompson and Levi Hughes. Greething rendered an account against McElmunny as follows: 100 bushels of corn $50.00, to flat on ferry boat, $10.00, by articles, $10.00, 424 cwt. of pork $12.00, to one steer lent, $8.00, to rent $25.00. Jeptha Hardin was the attorney, cost of suit, $5.59. Moses Rhodes sued I. D. Wilcox for a debt in the July court, Rhodes paid the cost which amounted to $12.12. The next case H. W. Robins and John Prichard against I. D. Wilcox; the plaintiff again had to pay the cost through mistake. John Phelps vs. Stephen Kuykendall in the March term 1813, for debt, Bail was required for Kuy- kendall's appearance in court and Walker Daniels was the bail. April term, 1813, is a case of Elisha Hicks vs. William Simpson, in which the following note is exhibited, "For value received I promise to pay Elisha Hicks or order, two likely three year old steers, to be delivered in a yoke, on or before the first day of October, as witness my hand and seal, this the 30th day of May, 1808-William Simpson." William Simpson, Jr., was the bail for William Simpson, Sr.
A transcript from the records of a Kentucky court was
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filed and read as follows: "State of Kentucky, Livingston County, ss. Pleas, before the Hon. Wm. Wallace, Judge of the Livingston Court, David Caldwell and Joshua Saxson, assistant judges, to-wit: Jackob Hardin, asignee of Arthur Morgan, who was assignee of Edward Talbot, plaintiff, against Stephen Kuykendall and John Phelps, defendants, in debt." The record further shows that a writ was issued against these two men on the 8th day of March, 1806, in said county and state. Enoch Prince, clerk of the court, and the writ had the following; Peter Laren, bail; Thomas Cist, sheriff. At a later court with Ninnan Edwards, after- ward Governor of Ilinois, presiding Judge, 1806; Jacob Hardin sued John Phelphs, Mujah Phelps went on the bond of John and in this case, Rezin Davage was the attorney. The cause for the case was a note to-wit: "Twelve months after date we or either of us, do promise to pay to Edward Talbot or his assignee the sum of thirty dollars and twenty-two and one half cents, ($30.221%) for value re- ceived from him, October 15, 1803." November term, 1813 term opens with a case of trespass, with Henry Noble Plaintiff, and Samuel Simpson, defendant; H. Day as J. P. ordered a bond for Simpson's appearance in the sum of ninety-nine dollars, but his opponent, exonerated him from giving a bond, William Russell was the attorney for Noble. John Borin of Center Township was called by the court to answer for assault and batery against Stephen Kuyken- dall. J. Weaver was the foreman of the grand jury that brought the indictment. N. Huckison was the witness and William Mears was the Attorney General. The jury called in this case was composed of Jacob Craft, Lion Claxton, Andrew Clapp, Obadiah and Henry Russell, Robert Reed, Richard Davis, and Abraham McCowan, with other fam- iliar names.
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