Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 41

Author: McDonough, J.L., & Co., Philadelphia
Publication date: 1883
Publisher: Philadelphia : J.L. McDonough & Co
Number of Pages: 578


USA > Illinois > Perry County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 41
USA > Illinois > Randolph County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 41
USA > Illinois > Monroe County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 41


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The sheriff returned into court the grand jurors (men- tioned in a previous part of this chapter) with the exception of four who were absent; thereupon the court appointed Richard Green, foreman. The said grand jury being sworn to inquire for the body of the county of Perry, were charged by his honor the judge, and retired to consider present- ments. David J. Baker was appointed in the absence of the circuit attorney, Henry Eddy, to prosecute as said attorney pro tem. The following business was then transacted :


The People of the State of Illinois, Puff. )


2'8. William Pyle, Sr., Deft.


Upon a recognizance taken and returned by a justice or the peace to this court, the witnesses in said cause were severally called, and having answered, were directed to go before the grand jury. The grand jury was empaneled, but were discharged without presenting any indictments, and there being no other business, the court adjourned upon the first day thereof.


Similar orders wire made in cases of the same character against John Pyle, Jr .. David Pyle and Abner Pyle, Jr.


Robert MeElvain, John G. Simpkins, John Flack and William Elliott, who were severally summoned to attend the term of this court as grand jurors, and having failed to attend, it is Ordered that a summons issue against said de- linquent grand jurors, returnable to the next term of this court, requiring the said McElvain, Simpkins, Flack and Elliott to show cause why they should not be fined for " contempt of this court in making default in their atten- dance as aforesaid."


In the cases of the People against William Pyle, Sr., David Pyle, Abner Pyle, Jr., and John Pyle, Jr., upon a recognizance to keep the peace, the following order was made :


In the above causes the defendants being called and ap- pearing, and as it appeared to the court from the statement of the party complainant and upen whose application said defendants were recognized, that the causes of complaint no longer existed, it was thereupon, Ordered by the court that the defendants be discharged from their said recognizances. Ordered, That the court adjourn until court in course.


W. T. SMITHI, Justice Sup. Court.


Circuit Court, August Term, 1828 .- Nothing being done at the first session of the circuit court, a second session was convened at the same place, and with the same officers, in August, 1828. The docket for that term consisted of ac- tions for contempt against Robert McElvain, John G. Simpkins, William Elliott and John Flack, delinquent


165


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


grand jurors of the previous term, and two cases on appeal in debt-one of Jesse W. Cooper rs. Ambrose Ford, and the other S. Wills, administrator of M. Dillinger, deceased, rs. John Flaek, both of which were continued. On the 17th of June judgment was rendered against Robert McElvain for costs; and on the 20th of the same month the same order was entered against William Elliott and John Flack, while that against John G. Simpkins was continued. On the same docket and at the same term, we find the names of Reynolds, Wills, McRoberts, Breese, Baker, Hamilton and Eddy entered as attorneys.


As an example of the inexpensiveness of litigation in those early days, we append a copy of an early cost bill iu an appeal cause of Matthew Jones and Francis Miller rs. Abner Pyle, Jr., which was affirmed by consent at the May term of the circuit court, 1837 :


COST BILL IN CIRCUIT COURT, 1837.


Matthew Jones and Francis Miller } L'S.


Abner I'yle, Jr. 1 AAppeal.


Cost by Defendant, May Term, 1837.


Clerks filing transcripts and papers from J. P. and taking bond, etc., 50 ets. ; tiling bond, 644 ets., 564


Filing injunction, G14 ets. ; approving, 1212 ets ; Entering attorney, 12lets., 3114


Pocketing, 12' ets .; bill of cos , 25 cts. : certifying and sealing same, 50 cts. 8712


Summons, 50 etc. ; filing, 6', etc. ; filing bill of costs, B' 1:21 4


Docketing, 1212 ets, ; sheriff's return, 1212 ets., 25


Total,


STATE OF ILLINOIS, 1g Perry county. ) RS.


I hereby certify that the foregoing is a true bill of the defendant's costs in this case, and that the same was adjudged against sail defendant by the cir. vuit court at their May terui, 1837


Given under my hand and private seal, no public seal being provided, at Pinckneyville, this 26th day of June, 1-37. H. B. JONES, Clerk.


SECOND MEETING OF COMMISSIONERS COURT.


The second session of the county commissioners' court lasted but one day, the third day of September, 1827; Elijah Wells, David II. Mead, and John R. Hutchings being present, and transacting the following business :


Daniel Dry was granted a license to keep a tavern ; and also allowed the sum of ten dollars for assessing the taxable property of the county, the time required being seven days.


THE FIRST ROAD.


The commissioners appointed at the June term reported that they believed the establishment of the road to be useful and necessary, and that they had proceeded to locate the same and have designated its course through prairies by fix- ing stakes in the ground, and through timbered land by marking the trees at a convenient distance from cach other on said route.


FIRST ROAD DISTRICTS AND ROAD OFFICERS.


Ordered, That all that tract of country, beginning at the southwest corner of section sixteen, town six, south range two west, thence due east to the third principal meridian line, thence north on said liue to the northeast corner of township five, south of range one west, thence due west on the line between townships four and five to where the same crosses Beaucoup creek, thence down said creek to the place of beginning, shall be, and constitute a road district, and be


known as the Upper Eastern District ; and Daniel Dry is hereby appointed supervisor of the same.


The Lower Eastern District comprised all that portion of the county lying within the following boundaries : beginning at the southwest corner of section sixteen, thence due east to the principal meridian line, thence south with said line to the southeast corner of township six, thence due west on the line between townships six and seven to where the same crosses Beaucoup creek, thence up said creek to the point of starting. Abner Pyle, sr., was appointed supervisor of this district.


The third district was known as the Lower Western Distriet, and embraced all that territory bounded by a line commencing at the southwest corner of; section six, township six, thence due east to Beaucoup creek, theuce down said creek to the line between townships six and seven, thence due west with said line to the southwest corner of township six, and thence due north to the place of beginning. Robert Gillihan was appointed supervisor.


The remainder of the county constituted the last distriet, and was known as the Upper Western District, and William HI. Threlkel was the supervisor.


Charles C. Glover, John M. Campbell, jr., and James West were appointed overseers of the poor for the Eastern District of the county ; and Thomas Swanwick, Charles Garner, and William Brown for the Western.


Humphrey B. Jones was allowed five dollars and fifty cents in specie or its equivalent for books and stationery ; and Amos Anderson two dollars and fifty cents for house rent to date.


FIRST PROCEEDINGS IN RELATION TO THE ESTABLISHMENT OF COUNTY SEAT.


At the request of a number of the citizens of the county by petition, James Crain, Abner Pyle, sr., and Thomas Swauwiek met at the house of George Franklin on the twen- ty-second of October, 1827; and after an examination of a certain section of country designated by said petitioners, reported to the county court on the twenty-ninth of October, 1827, that they believe the east half of the northeast quarter of section twenty-four in township five south, range three west of the third principal meridian, to be the " most eligible and best calculated for the permanent seat of justice of this county."


In pursuance of which an order was made adopting said traet of land as the "site for the future seat of justice for the county;" and appointing Joel Manning, of Jackson county, and William T. Swanwick and Humphrey B. Jones commissioners, to lay out twenty acres of said traet into lots " with a public square, streets and alleys so that the whole shall be conveniently and properly situated and arranged in conformity with the most approved plan of towns or villages similarly situated."


As yet the land had not been entered from the govern- ment At the December term, 1827, an agreement was made that the land should be entered in the name of the county commissioners, Il. B. Jones, or some other person to furnish half the money, and to receive a deed to the south half of the tract.


166


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


William C. Murphy was appointed agent to make the entry, and on the third day of December, 1827, an order drawn in his favor for fifty dollars in specie or its equivalent in state paper at the rate of seventy-five cents to the dollar, and was afterwards paid the discount, five dollars and twenty cents, and the amount due from Humphrey B. Jones was advanced out of funds placed in his hands by parties in Kentucky for the purpose of speculating in lands. The money was placed in the hands of William C. Murphy, who proceeded to Kaskaskia, and on the twenty-eighth day of December, 1827, entered the tract in the name of the county commissioners David H. Mead, John R Hutchings, and Elijah Wells. The south half of said tract, excepting a small part included in the original survey of Pinckneyville, was afterwards conveyed to Humphrey B. Jones.


The commissioners, who were instructed at the time of their appointment, to so lay off the twenty acres that there might be two tiers of lots on each side of the public square, made their report to the county commissioners on the fifth day of January, 1828; but it was not placed on record until the twenty-first day of that month.


REPORT OF COMMISSIONERS TO PLAT THE TOWN.


In pursuance of the order of said court, and by virtue of the power vested in us as commissioners aforesaid, we met at the house of H. B. Jones. in said county, on the third instant, and after a critical and thorough examination of the ground to which we were limited in laying off the said town, proceeded and made the following survey, to wit: Beginning at the half mile corner between sections thirteen and twenty-four of the town and range aforesaid, from which a hickory, twelve inches in diameter, bears south forty-seven degrees, east thirty links, thence south upon the east line of the northwest quarter of section twenty-four, town five south, range three west, seven chains and eighty links to a post oa said line, thence west one chain and fifty links to a post, from which last mentioned point we pro- ceeded, and surveyed and laid off a town, consisting of a public square, town lots, streets, etc., which is particularly exhibited, set forth and described on a plat, which we hereby make a part of this, our report. The whole of said survey was made with a variation of the needle of seven and a half degrees west. The twenty acres mentioned in the said order being laid off sixty-four rods north and south, by fifty rods east and west, and disposed of so far as exhibited on the plat. There stillremains a strip of ground of fifteen feet wide upon the west side and one of one hundred and twelve feet wide upon the north side, subject to future disposal.


All of which is respectfully submitted, Perry county, January 5th, 1828.


Signed.


JOEL MANNING. H. B. JONES.


The county commissioners court at its session of January 21st, 1828, approved the report of the commissioners to plat and survey the town site, and on the same day passed the following order :


First Sale af Town Lots .- Ordered, That II. B. Jones, John R. Hutchings and William C. Murphy be, and they


arc hereby appointed commissioners to sell the lots in said town, and that the same be exposed to sale to the highest bidder on the fourth Monday of February next, and that the time, place, nature, etc., of said sale be poblished in the Illinois Corrector for three weeks preceding said sale, and that the clerk be and he is hereby required to issue his order on the treasurer of this county for a sum of money sufficient to pay for the said publication.


Ordered, That all the lots in said town be exposed to sale on the said fourth Monday of February, 1828, except lots numbered 32 and 29, and that no lot or lots shall be sold for a less sum than five dollars, which is hereby estab- lished as the minimum price of said lots; and that David H. Mead, or in case of his absence on the day of sale, Elijah Wells, is hereby appointed and constituted agent for the purpose of bidding off said lots for the benefit of this county in ease any of them should not be purchased by another person or other persons for more than the said sum of five dollars.


Ordered, That the lots in said town be sold on a credit as follows, to wit: One-half the purchase money to be paid in six months and the other half in nine months, the pur- chaser being required to give bond and approved security. The lots were sold at the appointed time, and $1223.28} realized from the sale of twenty-four lots.


The bill for advertising sale of lots was $10.50 " in specie or its equivalent in State paper." R. K. Fleming was the publisher.


First Collection of Tares 1827-The statement of William C. Murphy, sheriff and collector, of amount of taxes collected by him, shows the names of the tax payers, fifty-one in number and the amounts paid by each, ranging from $9.263 down to 2} cents, the total amount being $74 1I, an aver- age of $1.45} each.


Early Retrenchment-December, 1831. J. R. Hutchings presented a bill of $25 for assessing the couoty and for commission as treasurer, "but the court being of the opinion that the charge, * *, was extravagant, and ought not to be allowed in full," the sum of 822.82 was allowed


Probably the smallest claim allowed against Perry county was that of 64 cents, for ink for general election, furnished by John R. Hutchings, allowed December, 1834. David Baldridge was appointed commisioner to dispose of the school lands, in 1831.


First Justices of the Peace-Humphrey B. Jones, George Franklin and Lewis Wells, Sr., were the first justices of the peace in the county. They were commissioned on the sixteenth day of February, 1827, sworn into office May 8th, 1827, and their term expired October 1, 1827. At the second election John R. Hutchings, Humphrey B. Jones, Richard G. Murphy, Daniel Dry and Robert McElvain were chosen and commissioned September 6th, 1827, for a term of two years. David H. Mead was commissioned June 30, 1828.


First Assessment-The first assessment made of the county cannot be better shown than by appending the receipt of he clerk for the same. It is as follows: "Received of Daniel Dry, treasurer of Perry county, a list of the resident land of Perry county, Illinois, that is taxable for the year


167


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


1827, assessed by him, the tax on which amounts to sixty- seven dollars and twelve cents, and likewise a list of the personal property taxed by the county commissioners' court of said county, the tax ou which at one-third per centum amounts to tight dollars and twenty-two and one-third cents. July 23d, 1827.


II. B. JONES, C. C. C. P. C.


First Fiscal Statement -- The first financial statement of the county was made on the third day of December, 1827, by Daniel Dry, treasurer, in settling with William C. Murphy, sheriff, and was as follows :


Received from William C. Murphy, sheriff:


In Sprele


Ju State paper and interest of me In cerutrates and county orders


Total Recripts


Co. Order to Damel Phy as treasurer SLOTH)


1 B. Jones, services as plesk


11.233


Ambos Vipierson, tent


.. 11 B. Jones, ton stationery 1 25


Hlyjan Well -. spistre. as commisimmer Pavia H. Mead, services as commissioner .


Total paul out


Leaving a balance of 863 374, which was especially appropriated and ordered paid over to William C. Murphy, for the purpose of entering the land for the county scat.


HABLA MARRIAGE LICENSES.


Dat of Issue. Para . Pa to performany ' , un ay. Date of Marriage.


Nov. 17. 1-27


Elith Well to tom. Nov 29, 1827.


Dec 21. 1:5


John R Hutchmes, J. P. Dee. 25, 1:27.


David H Men, La Com July 13, 1525.


John Wood loone, Feb. 28, 1×19. Fch. In, 1-2)


Bj+ B. ( t. Richard G. Mmphy. J. P. Match 3. 1> 20. March 2. 1.24. Rent Andoauto


March 7, Is .!. Martha Ummmmmglren.


Humphrey B. Jones, J. P. March 12, 18.


June 25, 1824+ Humphrey B Jones. J P. June 23. 1-20.


July 27. 1.1. Sontel brown ta


Humphrey B. Jones, J. P. July 200, 182.


Ang. 31, 1529. Achon \ in Winkte to David H. Mead, Co. Com. Sept IT. 12. L.ttet Hanks Humphrey B. Jones, J. P. Nov. 19, 1529.


Nos. 18, 1844, 1º t 1 1J. will & to


Martha Br wn.


Humphrey B. Jones, I P. Der. 21, 1:29.


Jan. G, 18,301. Bengani Chini to


fassona Brown.


Daniel Dry, J. P. Jan. 26, 18.#7.


Jan. 27, 1× 30. Al \'r Hutchings to Richard G. Murphy, J P.


Feb. 21, 180. Isabella Woopbank -.


First Deed placed on Record after the County was organized.


The following is the first deed put on record in Perry county ; it was made by William Pyle, Sr., and wife to Daniel Dry ; it contained thirty-five acres, the consideration being two hundred dollars :


This Indenture, made this thirteenth day of August, in the year of our Lord one thousand eight hundred and twenty- seven, by and between William Pyle, Sr., and his wife Elizabeth, of Perry county and State of Illinois, of the one part, and Daniel Dry, of the county and State aforesaid, of the other part, Witnesseth : That the said William Pyle, Sr., and his wife Elizabeth, for and in consideration of the sum of two hundred dollars, to them in band paid by the said Daniel Dry, the receipt whereof is hereby acknowledged, hath granted, sold, remised, released and forever quit claim and by these presents doth grant, sell, remise, release and forever quit claim, unto the said Daniel Dry, his heirs and assigns, all their interest in and to a certain tract of land,


lying and being situated in the county of Perry and State atoresaid, and bounded by the following medes and bounds, to wit : Beginning at the southwest corner of section twelve in range two west town six south of the third principal meri- dian, running thence north seventy rods, thenee ea-t eighty rods, thence south seventy rods, thence west to the beginning, so as to contain thirty-five acres. To have and to hold the aforesaid tract of land, together with all and singular the rights and profit-, tenements, hereditaments and appurte- nances thereunto belonging or in any wise appertaining to the only propor use and benefit to him, the said Daniel Dry, his heirs and assigns forever And the said Wilham Pyle, Sr., and his wife Elizabeth, doth covenant to and with the said Daniel Dry, that they will forever warrant and defind the said tract of land from the claim of themselves, their heirs and assigns and against the claim or claims of any other person or persons whomsoever.


In testimony, we have hereunto set our hands and affixed our seats the day and year above first written.


WILLIAM PYLE, SR., [L. S. ]


Signed, sealed and delivered in presence of II. B. JONES, JOHN PYLE, JR.


ELIZABETH X PYLC. [L. s. ] nok


This deed was duly acknowledged August 20th, 1827, before Il B. Jones, J. P.


First Will on Record (1829). The following is the last will and testament of Thomas Swanwick :


I give to my dear wife, Hannah Swanwick, all my pro- perty of every kind, real and personal, wherever situated, to her and her heirs forever, being fully -atisfied that in so doing I best consult the interests and happiness of my dear children.


I appoint my said wife and (my eldest sou, John, being in England) my two sons Thomas and William guardians of my younger children, and executrix and executors ot this my will. Dated this fifth day of July, 1829.


THOMAS SWANWICK. [1 .. . ]


Signed in the presence of LEWIS MORRISON, [L. S.] JAMES McMURDO. [1 .. . ]


Thomas Swanwick died on the 26th day of July, 1829. The will was filed in the probate court, by Thomas and William Swanwick, on the 12th day of August, 1829, and proven the same day by James MeMurdo, and by Lewis Morrison on the 10th day of September, the same year. The executrix and exceutors named in the will gave bond in the sum of $4,000, and certificate of probate and letters testa- mentary were granted on the lith of October, 1829.


FIRST PROBATE COURT.


The first official act of this court was the apprenticing of a minor, and the order entered was as follows :


At a term of the Probate Court of Perry County Illinois, begun and held at the house of Humphrey B. Jones, in and for said County on Monday the 11th day of February, 1828.


Present : Humphrey B Jones, Judge. It being represent- ed to the court by Charles C. Glover, that Alexander Head, infant son of -- , has no parent or guardian in this State : Whereupon the said Alexander Ilead came into court and voluntarily and with the approbation and consent of this court, bound himself' to the sand Charles C. Glover, until the said Alexander shall attain to the age of twenty-one years, which will be on or about the 6th day of March A D. 1>34.


H. B. JONES, Judge.


Der. 21, 1829. Samuel Jubeln Lucy Perzy


Humphrey B. Jones, J. P. Jan 7, Ist,


Jan. 25, 1830. John Strrie 10


Agnes Woodside.


W'm .Johnson, Co. Com. Feb. 25, 1-30.


July 12. 1-45.


168


HISTORY OF RANDOLPIL, MONROE AND PERRY COUNTIES, ILLINOIS.


The apprentice soon complained to the court on account of not being furnished with suitable raiment, and asked to be released. The court gave the complaint immediate and careful attention, and found the charge to be well founded, and compelled the master to furnish suitable clothing, but refused to release the apprentice.


The first letters of guardianship were granted to David H. Mead on the thirteenth of April, 1830, as guardian of David, Mahala, and Elizabeth McGowan, and their sister Malinda Gotcher.


On the first day of February 1831, the first letters of ad- ministration were granted to Martha Malone, widow, and Staples Malone, on the estate of Lewis Malone deceased. A bond for two hundred dollars, dated January 21st, 1831, with William Neal and John Beard as sureties, was filed. On the second of the following March, Staples Malone filed an inventory of the estate, and James Ford, John Hansford and Solomon Thompson were appointed appraisers. The second letters of administration were granted to John R. Hutchings and the widow, Elizabeth Berry, on the estate of John F. Berry, deceased. At a special term of the Probate Court, on the twenty first of March, 1831. The administra- tors gave bond in the sum of nine hundred dollars, with Amos Anderson, David Baldridge, and James Huggins, se- curities. Abner Keith, Matthew Jones, and Reuben Kelly were appointed appraisers. At a special term of the court, held at the house of the judge, September 24th, 1831, an in- ventory was filed showing the condition of the estate to be as follows :


Amount of sale list on file. $573,49 Debts due the intestate 233,7%


Total assets $807 27


Total amounts of claims allowed. .269.391/2


Leaving a halanee in favor of the estate of. $537.88%


Of this balance $447,57} was in notes which were filed witw the judge.


At the second election of Justices and Constables, there seems to have been some trouble at the polls of the Eastern District, and the following


PETITION FOR REDRESS


was filed in the commissioners court on the second day of June, 1828.


" To the Honorable County Commissioner's Court ) of Perry county, Illinois.


S8.


Whereas the county commissioner's court of Perry county hath established the house of William Pyle, sr., the perma- nent place of holding elections for justices of the peace and constables in the eastern district of the county and state aforesaid and the said William Pyle and his sons having disturbed the public peace at several elections held at the said house of William Pyle by threatening to fight and abuse some of the qualified voters who appeared ; in order to enjoy the Rights of liberty that is guaranteed to the free people of the United States and in order to promote the welfare of the people and protect the liberty of the voters at large therefore we your humble petitioners pray your honorable body to remove the present place of holding elections and order the elections to be held at some other place in the named district where people will not be imposed or molested when actually exercising their liberty and promoting the


welfare of their country by making a free choice in electing their officers for which removal we your humble petitioners are ever bound to pray, etc. May 24th, 1828."


(Sigued.) DANIEL DRY.


Robert McElvain, Jiles Wells, William Dye, Lewis Wells, sr., Elias Ford, B. F. Bender, John Leemasters, Lewis Wells, William Throop, sr., William Throop, jr., Caleb Throop, James West, Andrew Perkins, Micajah Phelps, Zachariah Clinton, John Campbell, Alexander Campbell, Joseph Terry Williams, Abraham Cokenower, David Rees, John Craneshaw and David Diel.




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