Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers, Part 26

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 26
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 26
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 26

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Grand Jury .- Samuel Harris, foreman; William

109

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

Spencer, Larken Ryle, Daniel Grove, Benjamin McCleave, Rezin Clubb, Benjamin Sumner, Samuel Ramsay, Gabriel Scott, Abraham Cairns, Scott Riggs, William Howard, Thomas Anderson, William Adams, Eli Harris, Daniel Travis, John Berry, Ezekiel Turner, Joseph Clayton, James Beaird, Joseph Adams, William Bennet, and John Hindman.

Major Daniel L. Gold, in his historical sketch of Lawrence county, read on the 4th July, 1876, mentioned this grand jury, and added the following : " After being charged as to their duty, they retired to the woods, very probably, for consideration, etc." Nor is this taking to the woods wondered at; for those good and sterling gentlemen freeholders were fully two generations nearer to our progenitors (see Darwin's origin of man), than we are now ; and all know, that those progenitors of ours are great foresters to this day.

The grand jury presented William Ashbrook, for assault and battery, and Michael Stufflebeam and Ben- jamin Matthews, for selling liquor without a license. Ashbrook was, on a plea of guilty, fined two dollars, the others were tried and fined $12.00 and costs, each. At the next term, Nov., 1821, General W. Johnston, was licensed to practice law, and Jacob Call was sworn as a lawyer, and admitted to practice. W. R Baker's cases, two indictments for passing counterfeit money, and two larceny, were taken from docket. Judge Wilson'a place on the bench was occupied by Hon. James Wattles.

May Term 1825 .- A case of larceny, the people of Illinois vs. W. B. terminated in a plea of guilty. The poor culprit was sentenced to 15 stripea on his bare back, well laid on, and the sheriff, (Hiram Wade) ordered to execute the sentence immediately at some convenient spot, etc. The first divorce case, Jane Hembre vs. John Hembre, was tried before judge James Hall, November, 1825. It was made a jury case, and Jane was freed from the hateful bands of matrimonial infelicity. Both terms of court held in 1826 were presided over by judge James O.Wattles. In April 1827 judge William Wilson occupied the bench in Lawrenceville again. At this term a trial for horse stealing was had. James Langley was put on trial for having stolen a horse, and Levi Rush, for having received the stolen property. The parties were defended by Moses Tabbs, and prosecuted by J. M. Robinson. The jury, who found them both guilty as charged, were composed of Joshua Westfall, Alexander Stewart, Isaac Westfall, John Barnes, Isaac Hunter, Joseph Lamotte, Andrew Quick, Z. French, John Melton, Tilman Melton, Philip Lewis and .Jesse Jenny. Langley was sentenced to 50 stripes, to be immediately " well " laid on, etc , and to a fine of one hundred dollars, to pay which he was to be sold into servitude for a term not exceeding three years. Levi got off with thirty stripes and two and a half years invol- untary servitude, provided he failed to pay a fine of one hundred dollars, before the 28th of the current month. Judge Wilson remained on the bench until 1835. At the April term, 1834, another barbarous sentence was

passed on one John Shelton for the heinous crime of rape. He received sixty stripes and was imprisoned for two days besides. Speaking of the morals of the people in those early days, Mr. Gold says: Owing to the unsettled condition of border life, the country was infested with marauding horse-thieves, counterfeiters etc., to such an extent that many banded themselves together to pursue and punish these desperadoes. These bands were called regulators, and although self-constituted they held their courts, arrested, tried and generally convicted a number of these robbers and punished them usually with thirty-eight lashes on the bare back. Numbers of citizens opposed these operations of Judge Lynch, yet the bands had upon their rolls many of the best citizens whom self-defense had driven to such ulterior remedies and on the whole, the regulators served a good "purpose for the time, as the den of desperadoes was discovered and destroyed, their dies captured and ground to powder in this place (Lawrenceville) by an outraged public.

Hon. Justin Harlan presided at the Circuit Court as the successor of Judge Wilson since March 1835. The September term of 1835 however was held by Judge Alexander Grant, and it was during this term that Hon. Aaron Shaw was admitted to the bar.

W. K. Cunningham has the distinction of being the first man sent to the penitentiary from Lawrence county. His was a one year's term on being convicted for assault with intent to kill. October term, 1839.

The only enforcement of the death penalty in the county was that of Elizabeth Reed. She was however not a resident of Lawrence county, and her case was tried here on a change of venue from Crawford county. She was tried at the April term, 1845, held by Hon. William Wilson, judge, who had again presided over the sessions of the circuit court since April, 1841. Elizabeth Reed had killed Leonard Reed, her husband, on the 15th day of August, 1844, by administering poison in hia food. She was indicted by the grand jury of Crawford county at the September term, 1844. This grand jury was presided over by D. Hill, foreman, and the indictment was based upon the testimony of James M. Logan, John Wynn, Harrison Price, Eveline Deal, John Herriman, H. G. Burr, N. T. Steele and Levi Shoemaker.

The prosecution was conducted by Aaron Shaw (Attorney of State since 1842) and S. S. S. Hayes, and the defense by Messrs. French and Linder.

The jury, before which the case was tried, was com- posed of Henry Sheraddin, Edward Fyffe, Joshua Dud- ley, J. M. Morris, James V. Robinson, John L. Bass, W. R. Jackman, Elijah Gaddy, Emsley Wright, Wil- liam Collins, James W. Corrie and Silas Moore.

The jury found the defendant guilty and the court sentenced her to be hung on the '23d of May, 1845.

The wretched woman ended her life as sentenced, and the painful duty of becoming her executioner devolved on a most kind-hearted man, Samuel Thorn, the sheriff.

110

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

Judge Wilson remained on the bench until the end of this period, 1849. Before closing this period of the civil history of the county, we should state that the county was represented in the constitutional convention of 1847 by Hon. John Mieure.

In order to point out the wealth and resources of the county at the close of that period, we introduce now the following

NOTES FROM THE U. S. CENSUS OF 1850.

The population of Lawrence county in 1850 consisted of 30,05 white males, 2838 white females, 144 colored males, and 134 colored females, 6121 in the aggregate. The town of Lawrenceville had a population of 419. 216 children were born in the county in 1849, 82 couples were married and 68 persons buried. The 1057 families in the county were occupying 1057 dwel- lings. 42 teachers, 1406 native and two foreign born children, 306 native adults and two foreign born adults were unable to read and write. The farms of Lawrence county contained 34,684 acres of improved and 56,968 acres of unimproved lands, and were worth $599,680. Farming implements represented a value of $40,757, live stock one of $161,322, and slaughtered animals one of $53,787. The productions of the county in 1849 had been: 15,582 bushels of wheat, 426,850 of corn, 50,144 of oats; 14,120 of Irish, and 2000 of sweet potatoes; 1530 of buckwheat and 930 of rye; 7297 lbs. of tobacco ; 12,000 Ibs of wool; 90,505 lbs. of butter; 5300 of cheese; 10,500 of flax; 2370 lbs. of maple sugar ; 12,356 lbs of flax, and 1926 tons of hay. Arti- cles manufactured in the county in 1849 represented a value of $12,274. The county had thirteen church edifices, to wit: 1 Baptist, 4 Christian, 5 Methodist, 2 Presbyterian and 1 Roman Catholic, erected at an ex- pense of $5760, with a capacity of seating 4300 persons.

MISCELLANEOUS NOTES ON COUNTY GOVERNMENT. 1849 то 1883.

The county commissioners' court was now abolished, and the county affairs were conducted by county courts until 1857, when the people adopted the new system of township organization.

The first connty court was composed of Hon. E. Z. Ryan, county judge, with W. Tanguary and Randolph Heath associate judges. The first session was held December 30, 1849. County Clerk Hennessy resigned his office on the 19th of January, 1853, on account of difficulties with the court, he having been charged with collecting illegal fees. J. C. Reily, his successor,.made settlement of his affairs on the 21st of December, 1855. He was owing the county $24.24, which his honor, Judge Jesse K. Dubois, assumed to pay.

Township organization was adopted in November, 1856, and the county court, to wit ; J. K. Dubois, judge, J. M. Travis and James Irish, associates, held their last session on June 1, 1857, and adjourned sine die.

The first board of supervisors was composed of W. D. Adams, of Allison, chairman ; Thomas Donner, of Den- nison, Daniel Grass, of Petty, D. L. Gold, of Lawrence, Robert Dollohan, of Bond, Andrew Pinkstaff, of Russell, Henry Schrader, of Christy, and Wiley Edmundson, of Lukin. As usual in such cases, a committee was ap- pointed to investigate the county offices. D. L. Gold was appointed such committee.

The clerk, I. B. Watts, ordered December 28, 1860, to prepare a statement of the county debt, which, how- ever, he failed to do. July 25, 1861, the clerk was authorized to issue county orders to the families of vol- unteers, at the rate of $3.00 per month for each family. These orders were to be issued during vacation, at the request of the individual supervisors of townships. The whole amount of money spent in this direction was $1842. This was all the appropriations of the county in aid of the cause against the rebels. A proposition to borrow $75,000 to pay a bounty of $300 each to volun- teers, so as to avoid conscription, was voted down Feb- ruary 6, 1865, by a vote of 5 to 2, to wit : J. L Flan- ders, Aaron Clark, Daniel Feagan, J. L. Jones and Richard Greer voting nay, while John Jackson and L. W. Gee voted aye, D. H. Morgan in the chair.

Daniel Grass, who had been appointed superintendent of schools in place of L. Albernathy, deceased, refused to accept the position. July 25, 1861, J. B. Saye, the next appointee, reported the books in confusion, and some $1500 fine-money uncollected ; whereupon he was instructed to file a claim of $1500 against the estate of the dead superintendent.

County board purchased eighty acres to wit : the west half of the north quarter of section 4 in township 3-12 for $2400, for the purpose of making it the permanent home of the county poor. The taking care of the poor had been a vexatious business ever since 1850. The expenditures were not near as large as it was generally believed, yet the thought was prevalent that the poor- master was making a fortune out of this business. A. new township, Bridgeport, was organized Septem- ber 6, 1872.

The financial condition of the county as well as the swamp land trials and tribulations have been made special subdivisions of this chapter, and are here intro- duced.

SWAMP LANDS.

The swamp land act of congress and subsequent acts of the legislature of Illinois had put the county of Law- . rence in possession of large tracts of overflowed lands. The county court appointed Jacob Young swamp land and drainage commissioner, at their September term, 1852. The county surveyors instructed to make au ex- amination of those lands reported on the 4th of Decem- ber, 1854, the following : 420 acres in 3-10 and 200 in 4-10 are in such a condition that they may be drained at a moderate expense, when these lands would be worth fully $6,230. There are about 1000 acres in 3 and 4-11

111

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

that could be made worth $5,000, as also 200 acres in 4 and 5-13. The balance, to wit : 15,542 acres, cannot be drained at all, or more properly speaking, the ex- .pense of draining them would greatly exceed their value when drained.

The court, however, ordered a sale, which took place on the 9th, 10th and 11th of January, 1855, when 17,350 acres were sold for $20,869.10. Mr. Young made a final settlement as drainage commissioner on the 8th of December, 1855, from which it appears that he handled $20,906.69, principal and interest of those swamp lands. This report was finally disposed of on the 22d of March, 1856. The costs in adjusting matters and of making surveys amounted to $880.60, and $522 .- 66 were allowed to Mr. Young as commissions. The actual funds on hand on the day named above amounted to $19,388.93 in promissory notes and $417.16 in cash. This fund was to be used in such improvements as would benefit the overflowed districts, and soon after the settle- ment mentioned $2000 were appropriated for the erection of a dam across Purgatory and $1000 for a levee on Cole's Island. In June, 1857, $4000 were appro- priated to build a bridge across the Embarras, opposite Lawrenceville, and D. L. Gold, G. W. Wise and S. H. Clubb appointed a committee to superintend the work.

D. L. Gold succeeded Jacob Young in the office of drainage commissioner, and remained in office until January 2, 1862. During this period the fund was reduced to $8,470.47, and consisted in judgments and uncollected claims. Years after, when certain irregu- larities in the bandling of those funds were discovered, Mr. Gold petitioned the county board to have his ad- ministration investigated. This prayer was granted, and on the 1st of September, 1872, the committee re- ported that the administration of Mr. Gold had been correct, and that all funds had been properly accounted for. W. D. Adams succeeded Gold in January, 1862, and was in his turn succeeded by I. B. Watts, Sep- tember, 1865. The appointment of Watts, who was then county clerk, was a most censurable if not culpable measure of the board. The law makes it the duty of his office to keep an account with all other county offi- cers, handling the public funds with a view of properly controlling their acts. It is the clerk who is expected to control others. By making him a fund commis- sioner, he was put into the absurd position of reporting to himself what amounts he had received or disbursed. Measures of this kind prove always disastrous, aud usually most so to the unfortuate man on whom such position is forced. During Watts' administration the county received land scrips for 20,645 acres from the U. S., in lieu of and compensations for swamp lands in Lawrence county, sold by the U. S. subsequently to the act mentioned above. I. B. Watts was authorized to sell this scrip, then in the hands of D. L. Gold, pro- vided he could get 50 cents per acre, and to receive county orders, at their par value, in pay. (County orders were then rated at 50 per cent. discount). The

commissioner, however, could not effect sales, and this failure caused some displeasure in the board. The re- cords do not exactly state why, but they contain the following brief communication from Mr. Watts: "I hereby order the board of supervisors of Lawrence county to retain one thousand dollars out of my salary if I do not sell the swamp land scrip of said county for $5000 within twenty months from this day " (September 26, 1869.) The county board subsequently, on the 1st of March, 1870, sold these 20,645 acres to James Gra- ham for $5000, payable in ninety days, $4000 to go to the county and the balauce to Hon. J. L. D. Morrison, of St. Clair county, who claimed an interest in the scrip.

I. B. Watts' administration as fund commissioner was investigated, and he was found to be indebted to the county on that account, to the amount of $1025.83. He resigned in March 1872, and was succeeded by T. P. Lowery in May 1872.

FINANCIAL NOTES FROM 1849 TO 1883 :

The County Court, on entering upon the administra- tion of county affairs, in December 1849, found the coun- ty in a healthy financial condition. The credit of the county was good, there was no public debt, and the tax rate very low, 15 cents per $100.

This state of affairs was not and could not be expected to continue, for the large amounts of money received into the treasury from the state saline and improvement funds had been gradually disbursed. The expenses of opening and repairing roads, the building of bridges, the erection of public buildings,* and the purchasing of a poor farm, necessitated large expenditures, frequently much larger than anticipated.

In order to keep the county in a healthy financial con- dition, the county court raised the tax rate to 60 cents in 1850. The tax values amounted to $745,061 in said year. The values were rapidly increasing, caused prin- cipally by the building of railroads, in aid of which, the county as such, however, did not spend a dollar. A proposition to have the county take stock in the Ohio and Mississippi railroad, was voted down in 1856, al- though the road traversed the county from east to west, through its very center. This refusal may be called economy, but it is not policy. Railroads have invaria- bly benefited agricultural districts more than inland towns and cities, and yet, the rural population is apt to treat their benefactors as public enemies. We introduce here the first Itemized Assessment of Lawrence County :

* Ws have related heretofore that a new conrt-house had been erected in 1841, 1842, and 1843. This, the present court-honse, was built under the superintendence of Abner Greer and D. D. Marney, by David McHenry and Thomas Bishop. The county records give but a meagre account of thia job. John Garner had a contract for 200.000 bricks, for which he was to be paid $1,082. The work was finished in October 1843, when McHenry and Bishop were paid the balancea, to wit : $228.26 and $425.31, due to them.

The contract for building the present jail was let to John Garner, and Ryao, and Watts on the 5th of April, 1854. Associate Justice James Irish superintended the work.

112

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

1853.

2833 horses.

$108,574

6061 cattle

63,164

125 mules

5,860

6125 sheep .

7,117

18353 hogs

31,588

1804 carriages and wagons

28,39 1

1764 clocks and watches .

6,085

Unenumerated articlee

84,099

Goods and merchandise

34,505

Manufactured articles

3,518

Moneys end credits

43,559

Value of lands

892,235

Value of town lots

53,307

Total $1,362,001

State tax

491%-per 100

$6,819.38

County tax

. 5,448.12

River tax

635 61

Road tax

515.91

School tex

113.71

Total $13,432.71

The reader will observe, that the state tax was by far the heaviest. The people of Illinois in general and the tax payers of Lawrence in particular were now paying off the improvement debts of 1837 and 1838. The tax value had increased to $2,196,525 in 1857, when the ad- ministration of the county affairs was intrusted to a board of supervisors, superseding the unpopular county courts.

The financial management under the new board was no improvement, and those who expected grand results from the new departure were disappointed. The board caused a financial statement to be made, September 28, 1858, from which it appeared, that the county had a floating debt of $3,792.71, on the 12th of September, 1857, when the board took charge of affairs, that during the first year under township organization, $8,989.80 had been expended, exceeding the revenue of the county to the amount of $3,792.71, thus more than doubling the county debt in twelve months. Matters continued on in this way. A cheap government had been promised, and a cheap government it apparently was, as will be seen from the following exhibit, for al- though the tax values were greatly reduced, nearly $800,000, or 34 per cent. since 1857, the tax rate of 40 cents was retained. The depreciation of tax values was caused by the civil war ; a reaction, however, was soon after to be observed in an unheard of inflation of all values, and of precious metals in particular.

Assessment of 1862.

8822 Horses

$119,528

8358 Cattle

60,118

250 Mules .

7,468

9357 Sheep

11,456

17,293 Hogs

18,299

1226 Carriages and Wagons.

25,588

970 Clocks and Watches .

4,125

2 Pienos . 175

Goods and Merchandise .

19,931

Manufactured Artioles .

1,619

Moneys and Credits .

47,002

Unenumerated Property

64,567

Total p. p $379.878

Railroad Property

91,756

Lands .

944,245

Town Lots .

71,643

Aggregate

$1,487,420

Tax Levies.

State 57 cents per 100 .

$8,478 86

Stete School Tax 20 cts. per 100 2,975 04

State Back Tax

955 92

Total. . $12,409 82

County Tax 40 cenle per 100 . 5,950 08

County Back Taxes . 181 77

Total Taxes . $18,541 67

Land in cultivation, 17,850 acres of wheat, 20,428 of corn and 3,554 of other field products.

The board next in order to protect the county orders against further depreciation, made them interest- bearing, and what was still worse, allowed them to be " split," as they termed it. Appropriations of larger amounts, were paid for in countless orders, of 1, 2 and 3 dollars each ; thus we find, for instance, that an allow- ance of $3,062 50, made December, 1866, to G. F. High, on a bridge contract, was paid for in one thousand and thirteen county orders of 1, 2, 3 and 5 dollars each. How could such work be endured and how control it? No wonder that the people became terribly alarmed about this financial chaos. A victim was sought and found, as will appear on a subsequent page. The finan- cial misery had become so great that in 1867, the board petitioned the General Assembly for aid in constructing the levies, etc., in which petitions they state, that the county debt then exceeded $20,000, and that county orders were only worth 50 cents per dollar. The board elected in 1868, showed more financial ability ; they or- dered to discontinue the practice of " splitting," orders (not heeded however, and constantly violated,) and to receive county orders at par in payment of interest due to the county on swamp land notes. Still matters did not improve ; and the people demanded a speedy clear- ing of the financial muddle. A committee, James M. Buchanan, James F. Jennings and John Seed, appointed December, 1870, with instructions to investigate the pro- ceedings of all boards of supervisors, the books of treasurers and county clerks, since the adoption of town- ship organization, reported in March, 1871, as follows :

County orders issued during seid period of 14 years . . $114,128.59 Amount of orders and jurors' warrants redeemed. .. . 92,206.50

Difference . $21,922.48

ALLOWANCES ITEMIZED.

County Officers .- Sheriff's

$6,499.37

Cirenit Clerks

2,021.79

County Clerks

19,049.63

County Judges

2,504.50

Supervisors.

2,762.00

Superintendents 3,071.50

Stationery

8,119.59

Paupers

17,825.32

Elections

2,515.86

Soldlers' families

1,842.00

Roads and Bridges.

27,710.66

$93,922.22 *

* The committes have apparently forgotten or neglected to find amounta expended for keeping and dieting prisoners, repairs of public bulldings› fuel for the office, and costs of circuit court, which fact fully explains the discrepancy between the amount of orders issued, $114,128.59, and the Itemized allowances, $93,922.22.

HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.

113

The said report continues : Many orders have been paid but not canceled, and the debt appeared to consist of the following amounts, to wit :

County orders nncanceled .

Interest on the same .

$16,707.77 6,386.20

Juror warrants unpaid .

1,396.16

Total debt

$13,490.13

In concluding their report, the committee recommended that in future county orders, etc., should not be destroyed after being redeemed, but to be defaced, and then pre- served. (This is the best part of the report.) The com- mittee were paid $550 for their work.

May, 1872. All holders of county orders were warned by public notices to present their orders to the county treasurer prior to July 1, 1872, as a number of " bogus" orders were supposed to be in circulation. A second committee of investigation was appointed at the same term. It consisted of D. L. Gold, Levi Lathrop and J. L. Flanders. A former order, allowing the clerk to issue county orders in vacation, was rescinded July term, 1872. This committee reported May term, 1872. Their report was very exhaustive and censured the board for having paid so little attention to the report of the Seed committee. Analyzing the acts in the county clerk's office, the committee came to the conclusion that by reissuing of orders, and by issuing orders out, pro- perly authorized, the county had lost a vast amount of money. They stated that these over-issues and dupli- cated issues amounted, from 1865 to 1872, to $9260.92; that another order, to wit, No. 5362, for $3337.87, was still out and a debt of the county, and that $4419.15 of those $9260.02 of fraudulent orders had been paid by the county. The committee became a terror, and the county judge, who tried to interfere, was also severely criticized. The county debt, which had been reported to have amounted to $43,490.13, was, however, stated to amount to $23,628.00 only. The clerk was reported a defaulter in the amount of $15,142 37 as clerk, and .of 83232.72 as drainage commissioner. It was also reported that the aggregate value of taxable property in the county was greater than officially stated, but that excess of taxes thus collected had been properly accounted for. Subsequent proceedings in the courts threw a milder light on this sad business, as it was shown that the " splitting " of orders had been the principal cause of the confusion, inasmuch as the issuing of the small orders mentioned above, in lieu of the larger allowances, had given cause to the alarming rumors and reports of du- plicating the allowances. A special tax of $1.50 was levied to pay off the county debt in 1873, the credit of the county was restored, orders were worth 100 cents per dollar and have remained at par ever since.

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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 26

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