Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers, Part 22

Author:
Publication date: 1883
Publisher: Philadelphia, J. L. McDonough & co.
Number of Pages: 490

USA > Illinois > Edwards County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 22
USA > Illinois > Wabash County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 22
USA > Illinois > Lawrence County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 22

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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

place. The walls were to be plastered, and the doors were to contain panels, the whole to be finished in a work- manlike manner. The building was to be completed by the first of May, 1825. The contractors were to re- ceive $1,200 additional for the change made in the plan, making a total cost of $3,000. It was situated in the southwest part of the public square, and on completion of the present building it was sold to General Pickering for one hundred dollors.

The contract for building the present court-house was entered into the second of March, 1852. Elias Weaver was the lowest hidder, offering to con- struct the building according to the plan and specifications fixed by the court, for the sum of $3,600. It was to be built of brick, forty feet square, and two stories high, with stone foundation. The walls of the first story were to be twelve feet high and eighteen inches thick ; the walls of the second story ten feet high and thirteen inches thick. The lower story was to con- tain eight windows, one large front door, on the south side of the building, with side lights and circular sash ; one door at the west, entering on the stair case leading to the second story ; said story to contain four rooms, with a passage-way of eight feet wide, and to be supplied with ten windows. The sills for the doors and caps of the windows were to be of stone; the window frames and side doors to be black walnut, the windows to be furnished with green venetian shutters ; the walls to be lathed and plastered, all to be finished in work manlike order. A cupola was to adorn the building similar in architecture to the cupola of the Carmi court-house. Half of the floor of the lower story was to be laid in brick, the other half to be plank and raised ten inches above the former. The judge's bench, clerk's desk, and jury box were to be finished in similar manner to those of the court-house at Mt. Carmel. The whole of the building was to be constructed of good material, and to be completed on or before the 15th of November, 1853.

The first jail built in the county was at Palmyra, in 1815. It was constructed of hewed logs, a puncheon floor, shingle roof, and cost the county $255. The second jail-room was located in the old court house at Albion. From 1853 to 1859, the county was without any build- ing wherein to confine their prisoners, and they were conveyed for safe keeping to either Mt. Carmel or Carmi.

The contract for the present jail was let to Elias Weaver, the 30th day of April, 1859. The design was substantially as follows: The material for the walls was to be of brick; the size, 42 by 24 feet and two stories high. A hall eight feet wide to extend through the center of the building both above and below. The lower floor to contain two rooms fifteen hy twenty-two feet each ; second floor, four rooms eleven by fifteen feet each ; lower story 9} feet high ; upper rooms eight feet high. The main entrance to the hall was to be a single door with side and transit lights. The founda- tion waa to be of blue stone, eighteen inches in the ground, and deeper where necessary, said foundation to

extend one foot above the ground and to be eighteen inches in thickness. Outside and partition walls were to be thirteen inches; the rooms for the cells to be floored with brick after being raised to a sufficient height to prevent dampness; the four windows of the cell rooms and debtor's room to be of iron gratin !, and all the windows of the building to be furnished with shutters with green venetian blinds, the door leading into the cell room to be made sufficiently strong, of good sound oak ; the locks of cell and debtors' rooms to be sufficiently strong for jail purposes, and in general the whole building to be completed in a thoroughly work- manlike manner. For the completion of the building the contractor received $2,600. It is situated in the court-house square, just east of the court-building.

SUMMARY OF TAXABLE PROPERTY IN THE COUNTY IN 1815.

Of all the vast territory comprised within the bounda- ries of Edwards county, there were but two hundred and thirteen citizens who were subjected to taxation.

The following is the listed personal property for the year 1815 :

Saw Mills . 1

Mansion Houses

Horses . . 325

Studs do 4

Neat cattle over three years of age . 720

Bonded Servants and Slaves . 2

Henry Beson owned the greatest number of horses, seven in number. The largest number of cattle owned by any one person was 40, August Tougas owner. John Stillwell and Augustus Tougas owned one slave each. The above mentioned " mansion house " was owned by Joseph Tougas, and was listed at $300. The saw mill was owned by John Small and William Spen- cer, and was assessed at $800.

In 1816, there were twenty-three registered slaves in the county. From the register of that date we copy the following : Samuel Marshall has brought into this Territory a negro woman, of black complexion, about five feet three inches high, named Fanny and aged about 17 years, who this day acknowledged before me that she owed her said master, Samuel Marshall, fifty- nine years' service from this date.

September 23, 1816. G. W. SMITH, Clerk.

A few years later by the papers on file, it seems that the bonded slaves of Edwards county were given their freedom, by the common consent of their masters. One of these certificates placed on record reads as follows : " Whereas Armstead, otherwise called Arm, a young man of color. has this day produced to me a certificate of freedom and discharge, executed by John Stillwell, his foriner master and owner, and duly acknowledged before Moses Michels, Esq., one of the Justices of the Peace of Edwards county ; Now I do hereby certify to all whom it may concern, that said Arm tead about twenty-two years, of dark commplexion, about five feet, five inches high, is actually free and is permitted to set-

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

tle in the State of Illinois pursuant to the statutes in such case made and provided.

In witness whereof I have hereunto set my hand and affixed the seal of Edwards county Commissioners' Court this 6th day of November, 1822.

JESSE B. BROWNE, Clerk."

CIRCUIT COURTS.

The first Circuit Court held in Edwards county was convened at Palmyra the 11th of July, 1815, Judge Stanley Griswold presiding. The first business of the court was to appoint N. Claypole, clerk of the court. Judge Griswold then produced an allotment, desiring the same to be placed of record which was as follows : Territory of Illinois ss .- Be it known that under an act of Congress entitled an act regulating and defining the duties of the United State Judges for the Territory of Illinois; it is allotted to Jesse B. Thomas to preside in the first circuit; to William Sprigg, in the second circuit, and to Stanley Griswold in the third. Given under our hands and seals this 29th of May, 1815.

Thomas C. Browne presented his commission from the Governor, as Prosecuting Attorney for the district con- sisting of the counties of Edwards, Gallatin and John- son. 'The Sheriff, Abner Armstrong, presented the fol- lowing panel of Grand Jurors: John Wood (foreman), James Majors, William Arnold, John Neesler, Philip Plough, William Jordan, Spencer Wood, Hervy Crooks, Isaac Greathouse, Euoch Greathouse, Thomas Banks, John Waggoner, Thomas Thompson, Moses Decker, Thomas Pulliam, Reuben Blackford, George Goble and Joseph Lavulette; "eighteen good and lawful men, tried and sworn." The jury retired and found indict- ments as follows: John Stillwell, assault and battery ; Samuel Stillwell, assault and battery ; Patsey and Han- nah Stillwell, assault and battery ; George Antis, larceny ; William Spence, using an estray.

The first case tried was the United States v8. John Stillwell for assault and hattery. The following jury was empaneled: Henry Crooks, John Neesler, Philip Plough, James Majors, William Arnold, John Arnold, Phil Hull, Thomas Banks, John Shadle, John Arnold, James Adams, and Charles Garner. The defendant's attorney moved to exclude all testimony tending to prove an assault committed on any day except on the day mentioned in the indictment. The court overruled the motion. The jury found a verdict of guilty, when the court assessed a fine of two dollars and payment of c sts of prosecution. It will be seen that the petit jury was composed mostly of the members of the grand jury who found the indictments.

In the case of United States vs. Patsy and Hannab Stillwell, after a trial by jury, the prosecuting attorney made a motion that the prosecutrix be exonerated from paying costs of suit. The Judge so ordered. The iu- dictment against Samuel Stillwell, was quashed on the ground that the indictment should have been found for mayhem instead of assault and battery. ()n motion of the prosecuting attorney the court ordered that a capias

be issued in the cases of Armsted, Antis, and Spencer, after which the court adjourned until court in course.

At the July terin of court, 1816, the following named applicants were admitted to practice law in this court: Adolphus T. Hubbard, Elias K. Kane, Thos. H. Baker, John McLean, Russell E. Heacock, and Jeptha Hardin.

FIRST MURDER TRIAL.

This case came up at the special term of court in Jan- uary, 1824, on the presentment of the grand jury of an indictment against Shadrach Perry for being accessory to the wantonly killing of one Jones Hobson. Ou mo- tion of the prosecuting attorney, the court ordered that the prisoner be brought forth for trial. On being ar- raigned to make his plea, the prisoner pleaded not guil- ty, whereupon the following jury was empaneled to hear the case: Jolin Hunt, Joseph Rodgers, William Cun- ningham, Daniel Lynch, Roland Layne, Stephen Sim- mons, Thomas Hunt, William Stone, Jonathan Shelby, Benjamin Skinner, Christopher W. Wright, and James Stapleton. The trial occupied two days. The jury was out but two hours, when they returned to the court-room and pronounced a verdict of guilty.

The counsel for Perry made a motion for a new trial, which was overruled by the court. Perry's counsel then moved for an arrest of judgment on the ground that the ir- dictment was defective; first, that it did not set forth the ve- nire in a proper manner, and that the names of the grand jurors were not in the indictment, or the captain thereof, etc., which after being argued was also overruled. The court then proceeded to pronounce sentence in the fol- lowing language: "The judgment of the law, and the court pronounces it, is that you be taken thence to the place of your confinement and from thence, on the 24th of February next, to some convenient place within half a mile of the seat of justice of this county, and there, be- tween the hours of eleven and three o'clock of that day, be hanged by the neck until you are dead, and that the sheriff execute this judgment." WM. WILSON, Judge.

The evidence summed up in the case was substantial- ly as follows : That one Benjamin Clark engaged in an altercation with the deceased, Jones Hobson, in a certain saloon in the town of Albion, and while the two parties were clenched in a struggle upon the floor, the former gave Hobson a fatal stab with a butcher knife. Upon the murderer's attempt to escape, Perry stepped forward with his rifle in hand, saying that he would shoot any man who attempted the arrest of Clark, the homicide thus escaping from the hands of justice. It is said that the knife by which Hobson lost his life is among the rubbish in the present court-house. But it seems that Perry was not born to be hanged. While confined un- der sentence of death, a " rough " by the name of Jack Ellia who lived in Albion, had a conference with the con- demned and proposed to him that for his rifle, he would attempt to obtain his pardon from Governor Cole. The bargain was made, and Ellis mounted his horse and rode seventy-five miles to Vandalia, the capital of the state, at

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

that time. Here, by mingling with the rowdy element, and being profuse with calling out the drinks, he suc- ceeded in getting a long list of names to his petition for the pardon of Perry. On presenting it to the governor, the pardon was obtained. In justice to Governor Cole, it should be stated that he was ignorant of where or how the names to the petition were obtained, thinking, no doubt, that they were all representative citizens of Ed- wards county. It is said that a ludicrous scene occurred during the interview of Ellis and Perry, on the former's return with the pardon. Perry had been brought from a neighboring jail the day before the execution, and was chained to a beam in a house at Albion. When Ellis exhibited the pardon to the prisoner, he made a demand for the rifle, as per agreement. Perry flatly refused to give it up, when Ellis remarked, " Very well, no rifle, no pardon, here goes the paper into the fire ; " at the same time tossing it on to the ashes near the flames. Perry became very humble, and offered not only the rifle, but his ax, cow, and all he possessed for the precious bit of paper that was to save his neck from the halter. The exchange was made and the criminal became a free man. A large concourse of people were present on the day named for execution, as it was not known he had obtained executive clemency. The gallows had been erected, a coffin made, and the rope procured for the purpose of the scene that was soon to be enacted. Af- ter liberation, Perry claimed the coffin and rope which the county had procured for his especial use. They were given to him, and the former became a fixture in his cabin as a corner-cupboard.

SECOND MURDER CASE.

This case came up at the August term of court, 1825, and was caused by the death of Richard Flower, Jr., who was killed at the hands, as alleged, of three parties, James Kennedy, William Meredith, and Dennis Bolt- inghouse. At the inquest the coroner's jury gave the following decision: We, the jury, empaneled, and sworn to examine the body of Richard Flower, deceased, do report that, in our opinion, his death was occasioned by a blow on the right side of his head, wilfully given by James Kennedy, William Meredith, and Dennis Bultinghouse, as an accomplice. Albioo, July 13, 1825. J. W. Johnson, Archibaid Spring, Oswald Warrington, Gibson Harris, Wm. Woods, John Robinson, John Dunn, William Burton, William Cooper, James Bur- ton, J Carter. Au indictment was found against Jas. Kennedy and William Meredith for the commission of the crime, by the grand jury, in the following terms :

State of Illinois, - Edwards County. £8.

Be it known that at a special term of the Circuit Court begun and holden at the court-house at Albion, in and for the said county of Edwards, on the eighth day of August, in the year of our Lord, one thousand eight hundred and twenty-five, in pursuance of an act of the General Assembly, of said State of Illinois,

entitled " an act constituting and regulating the Supreme and Circuit Courts of this State, approved the 29th of December, A. D., 1824." The grand jurors of the people of the said State of Illinois, upon their oath, present that James Kennedy, late of the township of Bonpas, in the county of Edwards, aforesaid, laborer, and William Meredith, laborer, not having the fear of God before their eyes, but being moved and seduced by the instiga- tion of the devil, on the twelfth day of July, in the year of our Lord, one thousand eight hundred and twenty- five, with force and arms, at the township aforesaid, in the county aforesaid. in and upon one Richard Flower, Jr., in the peace of God and of the people of the State of Illinois, then and there, being feloniously, wilfully and of their malice aforethought, did make an assault, and that the said James Kennedy with a certain bone of no value, which he the said James Kennedy, in his right hand, then and there had and held, in upon the right sic'e of the head of him, the said Richard Flower, then and there feloniously, wilfully and of his malice aforethought did cast and throw ; and that the said Richard Flower, in and upon the right side of the head of him, the said Richard Flower, then and there feloniously, wilfully of his malice aforethought, did strike, fracture, bruise and wound, giving to the said Richard Flower, by the cast- ing and throwing of the bone aforesaid, in and upon the right side of the head of him, the said Richard Flower, one mortal bruise, of which said mortal bruise, he, the said Richard Flower, from the twelfth day of July, in the year of our Lord, one thousand eight hundred and twenty-five, at the township of Bonpas, aforesaid, in the county of Edwards, aforesaid, did languish and lan- guishing did live, on which thirteenth day of July, in the year of our Lord, one thousand eight hundred and twenty-five, aforesaid, he, the said Richard Flower, at the township aforesaid, in the county aforesaid, of the said mortal bruise did die. And that the said William Meredith then and there feloniously, wilfully, and of his malice aforethought was present, aiding, helping, abetting, and comforting, assisting and maintaining the felony, and moreover aforesaid, in manner and form aforesaid to do and commit; and so the juors aforesaid upon their oath aforesaid, do say that the said James Kennedy and William Meredith, the said Richard Flower then and there in manner and form aforesaid, wilfully and of their malice aforethought, did kill and murder, contrary to the statute in such case made and provided and against the peace and diguity of the people of the State of Illinois. Signed,

JOHN ROBINSON, Circuit Attorney.

The case was tried on the 11th of August, 1825, and was submitted to the jury, when they retired to make up their verdict. The docket states that on the following morning, at six o'clock, they returned into the court- room and pronounced a verdict of not guilty. The ex- tenuating circumstances in the case which came out in the evidence were, that the bone thrown by the hand of

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

Kennedy, was cast at a dog. and not with the intention of injuring Flower.

The public whipping-post was resorted to in the early days, as the following from the docket of the June term, 1821, will show. One James Martin, who had been con victed of larceny, was sentenced to pay a fine of fifty dollars, and to receive twenty-five lashes upon his bare back, the sheriff being ordered to "execute the sentence immediately."

FIRST NATURALIZATION.

The following was placed on record April 28, 1819: " This day Morris Birkbeck personally appeared in open court, and made declaration of his bona fide intention to become a citizen, and it appearing to the satisfaction of the court that the said Morris Birkbeck had taken his residence in the United States two years and more pre- vious to this declaration, which is in words and figures following to wit: I, Morris Birkbeck, a native of Set- tle, in England, of the age of fifty-three years, and now, or lately, owing allegiance to his Majesty, the King of the United Kingdom of Great Britain and Ireland, do hereby declare that it is bona fide my intention to be- come a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, State or sovereignty whatever, and particu- larly to renounce forever all allegiance and fidelity to his said Majesty, King of the United Kingdom of Great Britain and Ireland.

Sworn to in open court."

JUDGES OF THE CIRCUIT COURT.

On the organization of the county in 1814, the State was divided into three circuits, Edwards county, forming a portion of the third judicial circuit, of which Stanley Griswold was judge, and presided over the first session of the Circuit Court until 1816. During the following year Thomas Towles presided. From 1817 to 1818, Jeptha Hardin judge. From 1818 to 1819, Thomas C. Browne was on the bench. William Wilson presided from 1819 to 1825. James O. Wattles from 1825 to 1827. Thomas C. Browne again resumed the bench in 1827, and served one year. William Wilson served from 1828 to 1835. Justin Harlan from 1835 to 1841. William Wilson again upon the bench from 1841 to 1849. Justin Harlan from 1849 to 1851. Sam- uel S. Marshall upon the bench in 1851, and resigned in 1854. Downing Baugh served one year, and resigned 1855. Edwin Beecher from 1855 to 1865. James M. Pollock from 1865 to 1873. The General Assembly, by act of March 28, 1873, divided the State into twenty -six judicial circuits, in each of which one judge was elected for the term of six years. Edwards county then formed a part of the 24th circuit, and Tazewell B. Turner was elected judge of the circuit. In 1877, by an act of the Legislature, the twenty-six circuits were consolidated, forming thirteen judicial circuits, the twenty-first and twenty-fourth constituting the second judicial circuit un- der the new regime. Under this law three judges were

required to preside in each district. John H. Halley, of Newton, was elected in 1877 to form the required num- ber of judges in this circuit ; the bench then being Judges Tazewell B. Tanner, James C. Allen, and John H. Halley. Since 1879, Chancey S. Conger, Thomas S. Casey, and William C. Jones have presided in this judi- cial circuit.

FIRST PROBATE BUSINESS.

From the records on file it appears that no regular record was kept of the proceedings of the Probate Court until 1831, when Walter L. Mayo occurs as the first judge then presiding, all prior proceedings being simply the recording of wills of various parties. The first estate regularly probated was that of David Robson, at a special term of court, held the 19th of August, 1831. Robert Mills was appointed administrator of the estate, and entered into a bond of one thousand dollars for the true and honest discharge of his duties, giving Robert Willis and Joel C. Churchill security for the due perfor- mance of the same.

THE FIRST WILL

Was executed the 14th of September, 1815, by Edward Wilson. The following is a synopsis of said bequest: That Edward Wilson, of Edwards county, Illinois Ter- ritory, being weak in body, but of sound mind, do make and publish my last will and testament, to wit: that I bequeath, after my body be decently buried, to my daughter Susanna Bathe, wife of George Bathe, five shillings ; also my daughter Mary Enlow, wife of James Enlow; to my son John Wilson, to my daughter, Elenor Enlow, wife of Jesse Enlow ; to my son Joseph Wilson ; also my son Isaac Wilson ; also my son James Wilson, the sum of five shillings each. I give and bequeath unto my grandson, Edward Wilson, one cow and three sows; that I give and bequeath unto my grand-daughter Christiana Wilson, two cows on the following conditions: that the said John Wilson and the said Christiana Wilson continue to live with William Sampson or Jerry Wilson, obeying all reasonable com- mands until they are of age. I further bequeath that the remainder of my estate be equally divided between my daughter, Jane Sampson, wife of William Sampson, and my son Jeremiah Wilson. And I here nominate and appoint Henry Enlow, of Bourbon county, Ken- tocky, executor of my last will and testament, etc., hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal the fourteenth of September, A. D. 1815.

Witnesses, Smith Shaw, E. N. Cullom, Andrew Mont- gomery.

PROBATE JUDGES.

Walter L. Mayo served as Judge of probate matters from 1831 to 1849. After the adoption of the constitu- tion of 1848, and the organization of the county court, the county judge was given jurisdiction of probate matters. Under this administration of affairs Alan Emmerson served the county as county judge from 1849

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

to 1861. Samuel R. Hall was then elected, and filled the office to 1873. Under an act of the Legislature of 1871, in pursuance of a provision of the new constitu- tion, the probate court was given concurrent jurisdic- tion with the circuit court in all law cases to a limited amount. Judge Hall served in this capacity to the end of his term, 1873. In the above year, Judge J. M. Campbell was elected, and has ably filled the office to the present writing, 1883.

FIRST DEED RECORDED.

The following is a synopsis of the first deed placed on record in Edwards county : It is dated the 7th day of January, 1815, the conveyors being Thomas Pulliam and Nancy, his wife, for and in considerateon of the sum of four hundred dollars, do convey to August Lavulette dit Tougas, all that tract of land lying in the county of Edwards, Illinois territory, it being the southeast quar- ter of section 24, township one north, range twelve west which the said Thomas Pulliam is entitled to by patent from the United States, bearing date the 30th day of July, 1812. This deed was signed and sealed in the presence of Robert and Joseph Baird.

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Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers, Part 22

Author: Publication date: 1883 Publisher: Philadelphia, J. L. McDonough & co. Number of Pages: 490

Author:
Publication date: 1883
Publisher: Philadelphia, J. L. McDonough & co.
Number of Pages: 490