Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 18

Author:
Publication date: 1881
Publisher: Philadelphia : Brink, McDonough & Co.
Number of Pages: 458

USA > Illinois > Shelby County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 18
USA > Illinois > Moultrie County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 18

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12. Commencing at the south-east corner of township 14 north, range 6 east; thence west to Asa's creek ; tlience north on the range line between 5 and 6 three miles; thence east three miles ; thence north to the county line; thence east three miles ; thence south to the place of beginning. Supervisor, Elijah Fleming.

13. Commencing on the West Okaw near section 8, township 14 north, range 5 east; thence up said Okaw to the middle fork ; thence up said fork to the Piatt county line; thence east to the middle of range 6 east ; thence south between sections 12 and 13; thence west to the place of beginning. Supervisor, James Kellar.

The first county order issued was at the first meeting of the board of county commissioners in April, 1843; it reads as follows : Or- dered, that T. W. Short be allowed one dollar for a ledger. The second order was for one dollar and seventy cents, and was made to John A. Freeland for that day's services. From the following we are led to believe that the commissioners and sheriff charged nothing for their first day's services. It reads: " Be it known that the sheriff, Isaac Walker, and the county commissioners, charge nothing for this day's services."

The last order of this term reads as follows: Ordered that the school commissioner of Moultrie county receive the uncurrent money that may be due said county, and make any disposition he can of it, at seventy cents to the dollar, or over. He is hereby fur- ther authorized to loan the same so as to secure to the county, by giving six or nine months' credit, seventy-five cents on the dollar.

In 1848 the new constitution went into effect, which made a change in this court, organizing it with one judge having probate jurisdiction, and providing for two associate justices, all to hold their offices for four years. Under this law were elected, in 1849, James Elder, judge, E. D. Cleveland and Daniel Ellington, asso- ciate justices.

FINANCES OF THE COUNTY AT ITS FIRST SETTLEMENT WITH THE TREASURER.

The first settlement made with the treasurer was in the September term, 1844. The following is a true copy of that record : "Upon a settlement being made with the treasurer of Moultrie county there was found to be the following amount of funds: jury certificates, $31.52; county orders, 19 50; gold, 26.62; silver, 164.00}; whole amount, $241.64}."

From the same record we find the whole amount of taxes col- lected in that year, as reported by the collector, was $158.62, inclu- ding his commission for collecting. For making the assessment, William Thomason received $30 for his services, one half of which was paid by the county, the other half by the state.

COURT INCIDENTS AND ANECDOTES.

Probably the first case on which Governor Oglesby tricd the point of his legal spear, was the following. Among the first settlers in this part of the county were A. H. Kellar and William Cazier, both emigrants from the same place in Kentucky. It seems that Cazier became infatuated with the Mormons on their advent here. He was known as a very honest man until this faith took hold of him, when it suddenly was revealed to him that a debt due a Gentile was not worth regarding. Kellar had stuck to him through thick and thin .prior to his Mormon alliance. The result was that he,

HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.

Kellar, had become largely involved in the debts of Cazier. The latter was about to leave, to join the Mormons, when his creditors levied on the most of his property. When the property was offered for sale, his son, Ben, bid in the property. Among this property was a large four-horse wagon, and it appears there was some doubt of the legality of the sale of said wagon. Cazier accordingly secreted the property out in the tall prairie-grass, about five miles from his place. Kellar learning of this, proposed to his neighbor friends that they take a hunt for wolves-wolves were plenty then, in the country -- with that object as a cover, but the real purpose was to find the wagon. After two days wolf-hunting, they came

upon the wagon. It was put together, and brought back to the neighborhood. A. B. Lee, was then constable, and he was on hand to levy on it in the interest of Kellar. Ben Cazier set up a claim for it, as he had bought it at the aforesaid sale. The rights of pro- perty had to be tried, and Dick Oglesby, just then starting in the legal profession, was employed as Cazier's attorney. Kellar plead his own case, but Dick beat him ; the old farmer not being equal to the task of bucking against the young attorney.

Some years after the occurrence of the above, about the year 1850, and when the now Hon. Richard Oglesby, had won an en- viable reputation at the bar, he was engaged in prosecuting, and Usher Linder defending, in the case of the People, versus one Wil- liam Shaw. This case was brought by change of venue, from Crawford county. A great deal of excitement was created in the trial of this case, as it was one among the first murder trials held in the county.

Shaw was indicted for maliciously and feloniously killing his step-father, whose name was Buchanan.

It must be remembered that Oglesby and Linder both were rather obese in their physical structure. Mr. Oglesby had inade one of the best efforts of his life in summing up the case, and it became necessary for Mr. Linder to make an extra effort in behalf of his client. Attorney Linder had carefully sifted all the evidence-had so graphically pictured to the jury his client's virtues, and the rend- ing of a poor mother's heart, in case they should see fit to be brutes, and not do their duty as honest men and humane citizens. He then turned his attention to the prosecutor of so base a conspiracy. He drew himself up to his full height, took one withering look at Mr. Oglesby, and belched forth-pointing to his opponent-" Did you ever see such a huge pile of beef and onions?" At this out- burst, Oglesby jumped to his feet, sprang to the side of Linder, and gave him such a push or stroke as felled Linder to the floor. Mr. Linder regained his feet, and called upon the court to protect hin. The judge-Judge Emerson was then on the bench-said it was so quickly done that he had no power to prevent it. In this case Dick was defeated, as the prisoner was cleared, and Mr. Linder walked off with the laurels. .

In the year following, 1851, Judge David Davis, now United States Senator, occupied the bench in this judicial district ; but through sickness or otherwise, Judge Harlan, father of Capt. Ed. Harlan of Marshall, was called to fill the vacancy. In order that the present generation may understand the full pith of this anec- dote, it will be necessary for them to know that the jail-room in the old court-house, on account of its filthiness, and poor accommoda- tions, was familiarly known as "the stable." Now Judge Harland was a fair type of the Eastern Yankee. In order to do his duty properly it became necessary that he should be whittling at some- thing. To whittle out wooden chains from an unbroken stick was one of his favorite amusements. While thus engaged upon the bench one day, a traveling troupe of Indians passed through the town past the court-house. All hands in the court-room would

jump up to look out of the window, when the court would order the sheriff to keep order. Jake Mullholland was bound to see the sights, and every time they passed around the square, "Uncle Jake" would run to the window. The judge finally got out of patience, and ordered the sheriff to take the offender into custody. Uncle Jake rose to his feet, cracked his fists together, and declared that he was a " hoss !" The court quietly remarked that the sheriff would take that " hoss " to the stable.

Perhaps one of the best and most pointed anecdotes occurred at an earlier date, when Abraham Lincoln honored the bar of Moul- trie county with his fun-loving stories and forensic eloquence. It occurred in the fall term of the court in the year 1846. In those days wrestling-matches were very popular, and many are the stories told of the wondrous feats performed by the athletes of those early times. David Campbell was then prosecuting attorney, and he considered himself one of the best men, physically, of the day. In a bout with one of the bullies of the county, the seat of Campbell's pants was entirely torn away. He being a genial fellow, and some- what prodigal in his habits, was hardly able to buy another pair, in order to appear decently in court. His brother attorneys felt that they ought to subscribe something to that end. The subscrip- tion was circulated around among the members of the bar, the most of them contributing to the list. It was finally lianded to Mr. Lin- coln for his donation. He scanned the whole paper carefully, and then wrote beneath all the other names that he "could not consci- entiously contribute anything to the end in view."

Volumes almost could be filled with the pleasing anecdotes that the old attorneys of Moultrie can relate, and enjoy themselves heartily in so doing, but this space is too limited to give them all a place.

FIRST DEED PLACED ON RECORD AFTER THE COUNTY WAS OR-

GANIZED.

The following is the first deed put on record in Moultrie county ; it was made by David Mitchell and wife to Calvin Freeman. The land is situated in what was formerly Macon county ; it contained forty acres, the consideration being one hundred and sixty dollars :-

This Indenture, made and entered into this second day of Febru- ary, in the year of our Lord one thousand eight hundred and forty- two, between James Mitchell and Onah Mitchell, of the county of Macon and state of Illinois, of the first part, and Calvin Freeman, of the county of Macon and state of Illinois, of the second part, Witnesseth : That the said party of the first part, for and in consid- eration of the sum of one hundred and sixty dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these pre- sents do grant, bargain and sell unto the party of the second part, his heirs and assigns, a certain tract of land, situated, lying and being in the county of Macon and state of Illinois, known and described as follows, to wit: the north-east half of the north-east half-quarter of section number nine, township number fourteen north, range five east of the third principal meridian in the district of lands subject to sale at Vandalia, containing forty acres. To have and to hold the aforesaid tract or parcel of land, together with all and singular the privileges and appurtenances to the only proper use and benefit of him, the said party of the second part, his heirs and assigns forever. And the said parties of the first part for themselves, their heirs, executors and administrators do covenant to and with the said party of the second part, that they lawfully seized, have full right to convey, and will forever warrant and defend the said tract of land from the claims of them

HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.

the said parties of the first part, their heirs and assigns, and against the claim or claims of any other persons whomsoever.

In testimony whereof the said parties of the first part have here- unto set their hand and seal the day and year aforesaid.

Signed, sealed and delivered in the presence of

ABR. H. KELLAR.

JAMES MITCHELL. [seal.]

her

ONY x MITCHELL. [seal.]

mark

STATE OF ILLINOIS, Macon County. s. S.

Before me, the undersigned, a Justice of the Peace for the county aforesaid, personally came James Mitchell and his wife, Onal Mitchell, who are known to me to be the real persons by whom and in whose names the above conveyance was executed, and by whom and in whose names said conveyance is proposed to be ac- knowledged, and acknowledged that of their own free will, that they executed said deed for the purposes therein expressed. And the said Onah Mitchell, wife of the said James Mitchell, being by me first examined separate and apart from her said husband, and the contents of said conveyance being first made known to her, ac- knowledged that free and voluntary, and without any compulsion or coercion from her said husband, she executes the same, and for- ever relinquishes all her right and claim of dower in the lands and tenements in said conveyance described.

Given under my hand and seal this eighth day of June, in the year of our Lord one thousand eight hundred and forty-two.

ABR. H. KELLAR, J. P.

L.S.

The above deed went on the records in Moultrie county some time in June, 1843. The record was destroyed when the court- house was burned, in 1864. It was afterwards re-recorded in the new records of the county, January 13th, 1865. This deed has passed through rather an eventful career. It was first recorded in Macon county. As soon as this county was organized, it was the first to appear upon the record. "Uncle " Johnny Freeland in- forms us that at that time the county was not supplied with any book. for recording deeds ; he accordingly transcribed it upon an ordinary sheet of fools-cap paper. As soon as the officers of the county had supplicd themselves with books to do the business of the county properly, he then placed it upon the first page of the recorder's book ; it thus stands as a memento of the days of "Auld Lang Syne."

THE FIRST MARRIAGE LICENSE

was issued by John A. Freeland the 11th day of April, 1843. The contracting parties were David Strain and Mrs. Susanna Ball. She lived in Shelby county, but the groom lived in Moultric. They were inarried by, and at the house of Squire Amos Waggoner, the father of J. H. Waggoner.

Apropos of the foregoing, Mr. Freeland issued another license only two or three years afterward, the obtaining of which was so unique in its character that this subject would be incomplete if omit- ted. The parties to be married were William C. Ward and Miss Askins. Now, William was in somewhat straitened circumstances, so much so, at least, that he was not able to go to Shelbyville to procure the license (the bride lived in Shelby county). Mr. Ward was well acquainted with " Uncle" Johnny Freeland, the county clerk, so he approached Mr. Freeland, and frankly told him he wanted to get married, but was not able to pay for the license ; that if he would issue him the license he would pay him in a short

time with shingles. The license was issued, and William went away happy. The shingles were furnished as per agreement, and the first house built in town by Mr. Freeland was covered with those shingles. It is only a year or two since the carpenter tore away the old relic.

FIRST GROCERY LICENSE.

The first house built upon the court-house square was first used for a saloon. It was built upon the ground now occupied by the City Book Store. The license was taken out by the firm of Snyder & Cox. According to the order passed by the Board, they had to pay $25 for the same. This was in the summer of 1846, but we find from the record that from some cause it was rescinded in March following, 1847. This was not the first saloon kept in Sulli- van, but it was the first that was licensed. In 1845 Joc Earp kept a saloon in the same building, no license then being required.

FIRST CIRCUIT COURT.

As there was no court house, and in fact no county seat, at the organization of the county, the first circuit court was held at the residence of James Camfield, the second week in May, 1843. Judge Samuel H. Treat, now Judge of the United States District Court at Springfield, was then upon the bench. The all-absorbing case then on the docket was the case of The People vs. John Garner. Alexander Dunbar and J. Wilson Ross were attorneys for the de- fendant, and James McDougal, afterwards United States Senator from California, was State's attorney. It seems from the indictment that said Garner was charged for an assault to kill with an ax one Greenbury Cunningham ; but through the good engineering of the defendant's counsel, or tough swearing on the part of his witnesses, Garner was acquitted on the plea of self defense.

There is one other case that occurred only two years afterward that cut such a figure in Moultrie county's first history that we cannot refrain from introducing it under this head. We have care- fully traced page after page of the county commissioners' record in order to give in full the cost to the county of this case ; and we will say here that the case referred to cost the county more than one-half of its entire revenue of that ycar. It occurred in 1845. We have reference to the case of The People vs Robert A. Barry (Berry). We simply give the items of expenditure as gleaned from the record of the county commissioners, of allowances made to different parties who were entitled to certain expenses, etc .:

Arthur Mitchell, jailor, Coles county . $ 1 87

Jailor of Macon county, for boarding prisoner 28 12

Berry and Snyder, for apprehending . 40 00

" boarding . 6 00

James H. Stevens, for removing prisoner from Coles to

Macon county jail . . 8 00

William Patterson and John Drew, for guarding prisoner from Coles to Macon . 6 00

John G. Purvis, serving subpænas 5 30}

John Smith, witness fees . 5 00

A. C. Collins 7 00

John H. Stevens, serving summons 4 87}

William Purvis, Justice's fees 1 50

Jailor of Macon county, allowed as a compromise 0 00

Further ordered that Macon county jailor be allowed . 12 10

Total $175 762

It will be seen from the above that the criminals from Moultrie county were mainly confined in the Coles and Macon county jails. In later times, before the new jail was constructed in this county,

POOR

FARM.

JAIL.

COURT HOUSE PUBLIC BUILDINGS, MOULTRIE COUNTY, ILL.

HISTORY OF SHELBY AND MOULTRIE COUNTIES, ILLINOIS.

the prisoners of Moultrie county were taken to Shelby county for safe keeping.

THE FIRST VENIRE OF GRAND JURORS

was as follows: William Hendricks, William G. Hayden, John W. Edwards, John Canady, Henry Miller, Levi Patterson, James Elder, Thomas Fulton, Elias Canedy, David Mitchell, David Strain, Daniel Pea, Jeremiah Souther, Rowland Hampton, Benja- min Sims, Levi Fleming, Albert G. Snyder, James Poor, John Roney, James Freeland, Parnell Hamilton, James H. Vanhise, and Milton Cox.

The second grand jury, which was for the October term of court 1843, was John Shutters, James Cunningham, jr., Samuel Fudge, Allen Clore, A. G. Snyder, Tobias Rhodes, Robert Crowder, E. M. Lansden, Partlett Everman, James H. Roney, George Nevell, sen., Jesse Ellis, William Purvis, John Seass, Joshua Patterson, Mathias Snyder, Andrew Gamel, John Chamberlain, Philip Ar- mantrout, William Scott, John E. Graham, Samuel Hughes, and Benjamin H. Syler.

The following composed the first petit jury : William Welch, E. D. Cleveland, Joel Kellar, Larkin Beck, George Thomason, Joshua Roney, James Fruit, Joseph Montague, Jacob McCune, James Hudson, John Fleming, sen., William Patterson, John G. Purvis, James Gardner, William Snyder, John Hendricks, Wright Little, Samuel Scott, J. W. Lovings, and Samuel Wright.

The second petit jury were as follows: Samuel Egbert, Philip Va- dakin, William Snyder, Samuel Morison, Allen Davis, Archibald Butts, Samuel Hughes, Reece Lee, Joseph Cloud, James Camfield, Frederick Hoke, George Purvis, Clisby Ellis, Levi Patterson, William Siler, Joe Thomason, W. R. Lee, John Brown, John G. Purvis, Hiramn Welton, John Ginn, John Fielton, Martin Luther, John Fleming, and James Kellar.

The first indictments were found in the May term, 1843, against Wilson B. Hamblin, and Edward Thomas, for making and passing counterfeit money. They were tried at the following term of court, convicted and sent to the penitentiary for a term of years. We find the following in the record of the county commissioners' court : " Ordered, that J. McDougal be allowed $20, for fees in the cases of Edward Thomas, and Wilson B. Hamblin, convicts to the State prison."

The first murder trial occurred in the September term of court in the fall of 1846. One George Case was charged with the killing of his son, George Case, jr. Resulting from this case we find the following from the records of the county commissioners' court : " Lewis J. Berry, coroner, was allowed $6.75 for holding an inquest on the body of George Case, jr. This was the first inquest held in the county." " Willis Johnston, jailor of Macon county, was allowed $5.62} for keeping the said prisoner, George Case. J. W. McCoy was allowed 37} cents for repairing and fastening on the chains of said prisoner." The evidence elicited in the foregoing case is sub- stantially as follows : The elder Case had a man working on his farm by the name of Burns. George Case, jr., son of the accused, had taken a great liking to this nian Burns. The father had contracted, through some cause, a wonderful hatred to Burns, and had forbid- den his son to have anything to do with him. He afterwards caught the boy in conversation with Burns, and proceeded to give him a severe castigation for disobeying him. A day or two after- wards the boy was at the house of James Kellar, and the collar of his shirt being open, Mrs. Kellar saw that some dark purple spots appeared upon his neck and shoulders. She thought that per- haps he had been gathering berries, and asked him with regard to it. The boy replied that his father had whipped him. Mrs. Kel-

lar then examined his person further, and found that he had been fearfully bruised by some means. She also called the hired girl- who was a witness in the case-to bear her out in what she had seen. The boy died a few days afterward. It was soon whis- pered around that there had been foul play, which caused the death of the boy. The body was exhumed, and a coroner's jury empan- nelled by the coroner, L. J. Berry, to sit upon the case, and decide according to the merits and evidence that should be developed at the inquest. Doctors A. H. Kellar, B. B. Everette and Hendricks were called to examine the deceased. After hearing the testimony of the physicians, the jury decided that death was caused by inflam- mation, resulting from severe bruises upon the back and shoulders, also a violent stroke upon the side of the head. Case was accor- dingly arrested, and placed in the custody of the proper officers. He engaged an attorney by the name of J. W. Wheat-who, in fact was the first lawyer that practiced law in Moultrie county-to defend him. Wheat managed to sue out a writ of habeas corpus, and got the case transferred to Springfield. The result was, that but little of the evidence could be gotten before this court, and in consequence of which this Case was discharged. He, however, absented himself from the county after his acquittal.

The first census was taken in 1845. We are not able to give the exact number, but it was not far from 3000. John Fleming was the census official. There was one striking peculiarity with regard to it. There were just 480 niales, and 480 females under the age of ten years. The census of 1880, taken from the official report, is 13,539.

The first probate court was held at the private residence, -- about two miles south of the present city of Sullivan,-of David Patter- son ; he (Patterson) being elected the first probate judge. The first business transacted was the probating of the estate of Hugh Allison, first surveyor elected in Moultrie county. The estate of Thomas Howe was also administered upon, and Reuben B. Ewing was the administrator of the estate. Further than this, we are unable to furnish anything, on account of the destruction of the record in 1864.

FIRST COURT HOUSE.

As is already known, the first court was held at the residence of James Camfield. Although the site for the county seat was deter- mined upon in the winter or spring of 1845, the building of the first court-house was not commenced until the spring of 1847,-the court being held in the school-house on the lot just west of where the Christian church now stands. Andrew Scott was the contractor. The house was to be a brick structure, thirty-eight feet square, and two stories high. A hall passed through the centre on the ground floor, with two offices on either side. A jail apartment was cut off in the north-east corner of the basement floor. The second story was occupied wholly as a court room.

The entire cost of the building was $2,800. R. B. Wheeler fur- nished the seats, as the following, is copied from the records of the county commissioners' court, will show :- " Ordered that R. B. Wheeler be allowed $69.00 for the seating of the new court-house." The house was completed and accepted in the spring of 1848. It was destroyed by fire in the summer of 1864, and nearly all the records of the county were completely lost.

The contract for the present court house was let to S. W. Conn & Brother, in the spring of 1865. There were five bids offered. The highest given was for upwards of $29,000. The brick work was sub-let to Charles Underwood. John D. M Conred was employed to do the painting. Samuel Brooks, of Dunn, furnished the bricks. The stone for the foundation was shipped from Joliet. It was to

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Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 18

Author: Publication date: 1881 Publisher: Philadelphia : Brink, McDonough & Co. Number of Pages: 458

Author:
Publication date: 1881
Publisher: Philadelphia : Brink, McDonough & Co.
Number of Pages: 458