USA > Illinois > Cumberland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 40
USA > Illinois > Richland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 40
USA > Illinois > Jasper County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 40
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After some minor changes, the contract was awarded to the firm of Lagrange & Eppinghowser, for $34,165, which was to be paid in county bonds. the county authorities to afford them every facility to a successful negotiation of them. In the following April, how- ever, the board agreed to pay the contractors cash, the latter dis- counting their price $1.000. The county thereupon issued some $16,000 in bonds, which they sold to James Mason, the highest bid- der. In May. 1878. the building was finished and accepted, and is a structure of which the county may well be proud. There are six large, commodious offices on the first, with a good sized court room and six large rooms on the second floor. The whole structure, while ornamental as well as substantial, is conveniently arranged and excellently adapted for the purposes for which it was designed. In repairing the dome to stop certain leakages, the anchorage was weakened, and in 1880, the dome was considered in danger of blow- ing down in the event of a high wind. This damage was repaired by some rather crude bracing, which detracts from the ornamental character of the dome, and gives it the appearance of a partially completed work. With this exception, the building is in good repair, and apparently but at the beginning of a long period of use- fulness.
The Jail .- The community first gathered in the county was such as to need the salutory restraint of a place of confinement, and one of the first public buildings was a jail. Like the court house, the first struct- ure erected for the detention of criminals was a rude affair constructed
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of logs by L. W. and JJames Jordan, for which the county paid $370. This building stood on the west side of the public square, and con- . sisted of a stout log pen, with no openings in the sides save such as were needed for air. Access was gained by means of a trap-door on the top, which was reached by means of a ladder. At a later date, it is said, this door was held closed by sundry logs piled upon it to resist the attempts of those confined in the cell to gain their free- dom. The prisoner was taken to the top and lowered by a rope, or otherwise, to the cell, and for some years this contrivance answered the purposes of a jail very satisfactorily. The building was finished in the early summer of 1835, and served without considerable repairs until 1839, when it was weather boarded and banked about with dirt to the width of eight feet. In 1851, this building was reported by the grand jury as insecure. The floor timbers were found to be rot- ten, and the whole structure sadly out of repair. It was, therefore, decided to repair it with heavy two-inch planks and otherwise, at a cost of $22.
In 1856, this topic again became prominent, and the Board, ris- ing to the demand of the occasion, record the following high sound- ing pronunciamiento: " Whereas, it appears that the present jail, in the town of Newton, is in a very dilapidated state, and unfit for the indwelling or abode of prisoners who may be arrested for the perpe- tration of crimes, etc .; and in order that a sufficient depository be provided," etc., the Board " thought proper to build a superstructure of the following description, to-wit: To be built of stone, two stories high, the first story to be eight feet between floors, the second story to be seven feet between floors; the first story to be of large hewed stones, well fitted together with good lime mor- tar; to be set into the ground according to the direction of the com- mittee hereinafter appointed for that purpose; the wall to be two feet thick, with sufficient iron grates for light and ventilation; the wall of the second story to be one foot and six inches thick, also built of good dressed stone and mortar as before stated; the under floor to be made of stone, one foot thick, solid stone: the second floor of hewed timber, ten inches thick, and not to be less than ten nor more than fifteen inches in width; to be of good sound white or burr oak or walnut; the roof to be raftered with good durable tim- ber, and covered with black walnut shingles, of sufficient thickness to make a light strong roof; the third floor to be laid of two inch oak boards, well dressed, not to exceed seven inches in width; the door to be made of good durable timber, sufficiently strapped with
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HISTORY OF JASPER COUNTY.
iron. with a sufficient lock and key to be made by a skillful work- man: a trap door to be made in the center of the second floor, to be made in like manner."
This structure, which embodied the principles of the first jail. was 16x20 feet in size, and was located on Jackson Street, north of the public square. There was frequent use for it, and the lock, which it was stipulated should be made " by a skillful workman," proved recreant to its trust on its first trial. A stave had been care- lessly left in the upper room, and with this the prisoner shot back the bolt and deliberately walked up town. From this time until 1858, the "Stone Jail" was used as a "depository for prisoners who were arrested for the perpetration of crimes," etc., with varying assurance of finding them when required. In June of this year, however, the grand jury found the upper room unfit for the purpose, and filthy; the lower room, it was reported, would keep prisoners if well guarded by officers, provided the occupants had no friends outside; otherwise the stronghold and officers were of no avail. Upon the return of this report, the County Court forthwith ordered the building sold so as to bring the largest possible returns to the county. O'Kean was appointed to consummate this sale, but he reported at the next ses- sion of the court that it could not be profitably disposed of, when the court ordered the structure patched up with planks. So, until January, 1872, the stone jail represented the retribution power of the county. At this date a new jail was projected, a plan agreed upon, and the contract let to John J. Rider and Charles Guthrick. The present brick structure on the southeast corner of the public square is the result of this action. It is 45x28 feet, with jailor's apartments below and four iron cells above. The orig- inal cells were constructed with a quarter inch boiler iron top and bottom. These and the building, with eight iron bed-steads, a furnace in the cellar, etc., were contracted for at a cost of $9,500, and the whole structure accepted in May, 1873. The cells were subsequently found defective, and in 1882 two iron cells and a corridor were con- structed by P. J. Pauley & Bro., of Saint Louis, at a cost of $3,000. The work was accepted December 22, 1882.
The present jail cannot be said to be well placed or to be in keeping with the enterprise and taste displayed in the construction of the court house. The jailor's quarters are hardly less confined than those of the prisoners, and are so placed in front of the whole town as to afford no retirement to its inmates whatever. The prison part is up to the latest improvements in its furniture and
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arrangement, but lacks in capacity, one would think, when it is considered that the municipal authorities have the use of the cells.
County Charities .- The care of the pauper population is a sub- jeet that taxes the best statesmanship to the utmost, and the admin- istration of county boards is not always shown in a favorable light by the treatment of this subject. To relieve the worthy poor in such a way as to add no disgrace therewith, and to avoid giving encour- agement to indolent indigence, is not an easy matter to put in practice by means of public charities even when supported by large endowments and guided by wealthy philanthropists. In Jasper County the poor have been farmed out from the beginning. While this system is open to many serious objections, it does not seem to have resulted poorly here. At first, persons supported at public expense were contracted to the lowest bidder .. and the advertised "sale of paupers" was calculated at first glance to startle the uniniti- ated. The care of the poor in this way fell to various persons more or less interested in their welfare, but as the pauper class increased in numbers, and many who had no relatives in this part of the world were added, their support became more entirely a matter of profit and loss. Thus it occurred later, that some one with extra facilities for the purpose, contracted to care for the whole pauper charge of the county. The conditions of the contract required the contractor "to receive all paupers of the county, as well as all insane or idiotic pau- pers not otherwise provided for by the county." and "to provide a secure and separate room for such idiots and insane paupers as he may at any time have on hand; also all foreign or transient paupers, idiots and insane persons that may require assistance from the county when notified by any one or more of the supervisors of said county. and said contractor shall be responsible to the board of said county for all charges that may acerue after he shall have been notified. until he takes them under his care: also for the burial expenses of all paupers, idiots and insane persons who may die in the county. when notified, provided he may be so notified before said pauper or insane person or persons die." The contractor was further obliged to provide "comfortable and decent clothing," "good and proper medical attendance," and to bury such as died in a respectable manner." For all this the contractor received tiro dollars and a half per week for each pauper.
It can hardly be said that the results achieved were worthy of high praise. One contractor constructed buildings which satisfied the demands of the official interpretations of "comfort and decency,"
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HISTORY OF JASPER COUNTY.
and so he monopolized the business of caring for the poor for a num- ber of years. In September, 1880. a farm of 160 acres was purchased at a cost of $2.000. Upon this property suitable but cheap buildings have been erected, and the method is to give the contractor the use of the farm and pay a price per week for each pauper varying from $1.60 some years, to $2 at other times. In addition to this, some help is rendered families who are temporarily in need, and the service of a physician is contracted for all within an area of sixteen square miles about the county-seat, at a gross sum for the whole.
COURTS AND CRIME.
The first term of court was held at Newton, on March 30, 1835 Justin Harlan presiding as Judge, and O. B. Ficklin attending as State's Attorney. Lewis Jordan presented his bond as Sheriff, and the court appointed John Barnes to the office of Clerk of the Court, to hold the same during his good behavior. The composition of the first juries is noted in the preceding pages. It is said that the grand jury held their session under a tree in the vicinity of Jordan's house, when the court convened. Their session was of short duration, how- ever, as the record concludes as follows: "This day the grand jury came into court, and having had no business and not having a pros- peet of any. were discharged." At the October term Judge Alex- ander F. Grant presided. At this term indictments for "fornica- tion" were returned against John Imlow and Trapheny May, and an appeal case, Lorenzo D. Skidmore against John Harmon, was decided by judgment for the plaintiff, for $3.87. The first chancery business appears in the records under date of 1836, in an action by Lott Watts. administrator of F. Claycomb against heirs of F. Claycomb, deceased, to sell lands, etc. The case against Imlow was brought to trial and the defendant found guilty, though the case of Trapheny May was continued on the presentation of a demurrer, and was eventually never brought to trial. This one-sided justice may perhaps be explained upon the fact stated by Judge Ficklin, that the petit jury was composed of many of the indieting grand jury, who, for the sake of consistency, brought in a prompt verdict. The criminal docket for a number of years rather exceeded the civil calender in the number of cases. Among the earlier presentments are noted indictments for "rioting," "altering marks on hogs,? " trespass," " larceny," "assault with intent to murder," "recognizance to keep the peace,' "trespass, vi et armis," "assault with deadly weapons," "open lewdness," "riot," ete. The crimes charged appear in the records
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in the above order, but too often with a scandalous frequency of repetition of " assault and indecency." If the dockets of the local magistrates could be read, this record would be lengthened and its characteristics intensified.
The general testimony of records and tradition is that Newton bore the reputation of a community bordering on outlawry. It is even suggested that some of the most violent here in an early day were some who had left their early homes in Kentucky to avoid the consequences of their violent conduct. At all events, the society of Newton from 1835 to 1840 was a successful organization against the encroachments of civilization. About the latter date some few rep- resentatives of muscular Christianity came into the county, and a contest between the two social systems at once sprang up. Between these opposing forces the courts stood the legal, but too often the ineffectual arbiter. The juries were too much in sympathy with the lawless majority to bring in a just verdict, and the courts strongly imbued with the free and easy spirit of the frontier did little to impress the people with the majesty of law. Out of court the judges mingled with lawyers and jury and vied with the most expert liar in telling stories of frontier exploits. Judge Harlan, who pre- sided over this circuit for several years, was respected as an upright judge and sound lawyer, but his stories, though told with all the gravity and earnestness of legal decision, were accepted with many grains of allowance. In court, the early judges frequently assumed powers that were extra-judicial to say the least, but were generally maintained by the gravity with which they imposed their dictum upon the less distinguished bar. It is related, on one occasion a lawyer was citing a recent act of the legislature in regard to some feature of the case in hand. Judge Harlan listened to the citation. and with an exclamation of disgust, said: "The legislature cannot be fool enough to pass such an act as that," and forthwith overruled it, to the no little chagrin and dismay of the attorney. It is said that the legislature concurred in the good sense of Judge Harlan, and repealed the act at the next session. Judge Wilson succeeded Harlan on this circuit.
He is represented as a great stickler for the respect due to the court and to himself as Judge. It is related on one occasion, while the whole Court and Bar was in procession, moving from one appoint- ment to another, a lawyer, possessed of a spirited span of horses, tired of the slow jogging pace with which Wilson lead the way, turned out and soon let the dust of his team fly in the "Court's" eyes.
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A few miles beyond a town was reached and dinner served. Hore the Judge took occasion to administer a rebuke to the presumptuous attorney, and lecture him upon the respect due the court. He could forget this dignified bearing, however, when occasion offered. One day in Court at Newton, it is said, the lie was given by some of the contestants in a case. All was uproar in a moment, but above the din Wilson could be heard shouting: .. Mr. Sheriff. the d-d lie has been given ! adjourn the Court ! adjourn the Court !" and the fight proceeded.
It is difficult to believe the tales of lawlessness that are related of the early days of Newton, but some are so well authenticated that it is impossible to refuse them credence. About 1840-45. a case was brought before the local magistrate, where the defendant was per- mitted to carry his shot gun into the court room to guard an attempt upon his life. The gun was well loaded and placed in a corner of the room, near at hand, but becoming interested in the case and while giving evidence, the other parties to the case quietly seized the gun and were about to shoot its owner when bystanders interfered, and the load was discharged in the ceiling. These offenders were John and Samuel Pullice, noted for their reckless exploits. It required several men to overpower them and commit them to the jail. Subsequently, these men were released, when they at once set about carrying into effect the threat which they had made to kill the persons instrumental in thwarting their vengeance in the court room. Fortunately their victims " got the drop on them," and the awkwardness of the position was relieved by the retreat of the avengers. A message was sent them, however, that night, that if they did not decamp they would both be waylaid and killed before the end of another day. They left for the time, and one by one the terrorists of the day were driven out, or conquered by the only means which they feared or employed against others.
The more violent forms of lawlessness ceased with the death or removal of the leading spirits of the ruffianly cabal that carly held sway, but all forms of larceny, from a petty theft to the stealing of horses, and even houses, were unfortunately common up to the begin- ning of the war. An unique case of theft was the stealing of a brick house, which occurred about this time. Bricks were very high in price and scarce in the county at that time, and unprotected prop- erty offered a temptation that the average morals of the people could not resist. A new brick dwelling had been erected by a Mr. Wood. who resided in Indiana. On completing his house, Mr. Wood went
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to bring his family here, but in the meanwhile his wife died, and he was forced to modify his plans. His property was left in the care of Mr. T. J. Martin, who was astonished to soon learn that the whole end of the house had been stolen. Before spring every vestige of the house from chimney top to foundation stone was stolen, the material finding its way into various structures, a part finding its way. innocently, into the chimney of a church. This was done within four miles of the county-seat, and strange to say, neither the owner or agent was able to discover the despoilers of the property. Simi- lar outrages were perpetrated wherever a house was temporarily abandoned, the chimneys of a house, almost within the limits of the village, being stolen.
COUNTY OFFICIALS.
The general affairs of the county were administered at first by three Commissioners, elected for the term of one year. In 1838, this was changed by the election of three to serve for one, two and three years, respectively, the term of each one to be decided by lot. There- after the term was to be three years, and but one member of the Board to be elected each year. The first election in January, 1835, resulted in the selection of Richards, Mattingly and Claycomb. The regular election occurred in the following August, when Richards, Mattingly and Wade were returned. The Commissioners of the county therefore have been as follows: 1835-William M. Richards, George Mattingly, F. W. H. Claycomb, L. D. Wade; 1836-Thomas Garwood, Benjamin Lamb. Jesse M. Heard; 1837-Michael Grove. Lamb and Heard: 1838-Richards (for two years), Grove (for one year), Robert Ross (for three years); 1839-John I. Pullis; 1840- Stephanus Hunt; 1841-William H. Stephens; 1842-Samuel Gar- wood; 1843-John Roberts; 1844-Felix Brownfield: 1845-John Bussell; 1846-Richard Vanderhoof: 1846, William Hunt was elected to fill vacancy caused by the resignation of Brownfield: 1847- Christian W. Sharrick: December, 1847, JJohn Roberts was elected to succeed Bussell, who resigned; 1848-Michael Grove.
April 13, 1849, the Act of the Legislature, establishing a County Court in each county, passed February 12, 1849, went into effect. By this act the regular election was put on the Tuesday after the first Monday in November. This court consisted of a Judge and two As- sociates, who held their offices four years. This court was " vested with all the powers and jurisdictions of the Probate Court, as now (then ) established by law, and appeals may be taken from and writs
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of certiorari prosecuted upon its judgments, rendered under the pow- ers conferred in this act, in the manner prescribed by law, in case of similar judgments render by the Probate Court. The County Court shall have concurrent jurisdiction with the Circuit Court in hearing and determining all applications for the sale of real estate of deceased persons, for the payments of debts of said decedents, and may make all orders and render all judgments on such applications that the Circuit Court might or could make, or render in similar cases. And the orders and judgments of said court shall have the same force, power, and effect as the orders and judgments of the Circuit Court in like cases; and final process may issue as from the Circuit Court.
"SEC. 14. The County Judge shall be a conservator of the peace, and shall have the same civil and criminal jurisdiction as the Justices of the Peace in this State; and shall have the same power and authority to preserve order in the court, and punish contempts offered the court while in session, that the Circuit Court now pos- sesses.
"SEC. 15. The said Judge, with two Justices of the Peace, des- ignated and provided for, shall, in all cases whatever, set as a County Court; have, exercise and possess all the power, jurisdiction and authority heretofore conferred by law on the County Commissioners Court of this State; and shall sit for the transaction of county bus- iness on the first Mondays of December, March, June, and Septem- ber, in every year, and shall continue open until all the business before them is disposed of," etc.
Under this act the following Judges were elected, November, 1849: William Bridges, Judge, and James E. James, and HI. S. Stump, Associates. In 1853, A. R. Bridges, who was elected to fill the vacancy caused by the death of William Bridges, was elected Judge for a full term, with Benjamin Leaman and William Hutson, as Associates. 1857-William S. Lee, Judge: William II. Eidson, and Armstead Ward, Associates.
In 1859, township organization put an end to the County Court, and the following Supervisors have served the various townships: For Willow Hill Township-J. P. Madden, from 1860 to 1861; James Stewart, 1862; John Halterman, 1863; S. B. Parr, 1864; J. II. Brinson, 1865; J. C. Ireland, from 1866 to 1867; James Stewart, 1868; Thomas Neal, 1869; T. K. Miller, 1870; Abram Ridlen, from 1871 to 1873; George Trowbridge, from 1873 to 1874; JJ. HI. Brin- son, from 1875 to 1876: J. C. Ireland, from 1877 to 1878; Milton
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HISTORY OF JASPER COUNTY.
Sims. 1879; C. L. Whitacre, 1880; Samuel Bowman, 1881: C. L. Whitacre, 1882; G. M. Selby. 1883.
Smallwood Township-Daniel T. Hinds, 1860; Philetus S. Need- ham. 1861 to 1862: John Brown, Sr., 1863 to 1865; Jesse Kellum, 1866 to 1867: J. JJ. Sampson, 1868; D. T. Hinds, 1869; Samuel King, 1870: John W. Hovey, Jr., 1871; Milton Monroe. 1872; Peter Jack- son. 1873: Lyman Randall, 1874 to 1875: John Brown, 1876 to 1877: A. A. Hawkins, 1878 to 1880: John Breedlove. 1881 to 1882: Thomas J. Kirk, 1883.
South Muddy-William Wood, 1860 to 1862; Walter Pruett. 1863 to 1865: Eli Devore, 1865 to 1867; Walter Pruett, 1868; Hezekiah Hastings. 1869; David L. JJohnson, 1870; H. Hastings. 1871: Israel I. Whaley, 1872 to 1874; Robert G. Scott, 1875 to 1876: George Obert. 1877: J. W. Lewis. 1878: Lyman Randall, 1879 to 1880; W. P. Wakefield, 1881: J. H. Mahoney, 1882 to 1883.
Grandville Township-Stephen Stevens, 1850 to 1862; Zimri Hunt, 1863: Israel Jared, 1864 to 1866; Henry Clark. 1867; Z. H. McCubbins. 1868 to 1872: JJos. Leamon, 1873 to 1876: C. F. M. Morey, 1877 to 1883.
Crooked Creek Township-Reuben Carr, 1860: Michael Lyda, 1861: Uriah Hunt. 1862: A. P. Broadereck, 1863 to 1865; J. L. Elder, 1866: William Mc Elwee. 1867: Jos. Cummins. 1868 to 1869: Elijah Moore, 1870: Jos. Cummins. 1871: J. M. Melton, 1872 to 1873: William M. Jones. 1874: J. M. Melton, 1875: William W. Hays, 1876; John M. Melton. 1877: Jos. Cummins, 1878 to 1882: Thomas J. Warren. 1883.
Grove Township-A. M. Eagleton, 1860; James L. Crews, 1864: resigned and on June 21. A. H. Strode was appointed: JJames L. Crews. 1865 to 1856: George Kibler, 1867: James L. Crews, 1868: D. P. Smith, 1869: Silas W. Wishard, 1870 to 1871: Jas L. Crews. 1872: Lewis Epperson. 1873 to 1875: James L. Crews. 1876 to 1877: D. P. Smith, 1878: Noah D. Myers, 1879 to 1881: A. L. Newlin, 1882: A. D. Kibler. 1883.
North Muddy-Thomas Foster. 1860: Orden Monnell. 1861: S. B. Smith,; 1862 to 1866: John O. Wheeler, 1867 to 1868; Adam Halem. 1869: W. II. Ward, 1870 to 1871; William G. Gilson. 1872: John Mason. 1873 to 1876: William Gilson. 1877: J. W. Honey. 1878: Alexander Wilson, 1879 to 1883.
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