USA > Illinois > Stark County > Documents and biography pertaining to the settlement and progress of Stark County, Illinois : containing an authentic summary of records, documents, historical works and newspapers > Part 18
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Rhodes, B. A. Newton, JJ. R. Jones. On vote being taken, Montooth received 25; J. F. Rhodes, 20; J. R. Jones. 10: B. A. Newton, 12. Second balloting, Montooth received 35 : Rhodes, 20: JJ. R. Jones, 10 : (. R. Miner. 2. Montooth having received a majority of all the votes cast was declared in nomination. C. W. Young, W. T. Dickinson, and N. JJ. Smith were appointed a committee to select delegates to the congressional convention, which selection was as follows and accepted by the convention : E. S. Buffum. A. G. Hammond. Cyrus Bocock. William Jackson. M. A. Fuller, D. S. Hewitt, B. F. Thompson. The following were the delegates appointed to the republican state con- vention : John Lackie. W. F. Price, O. Brace. The following were selected as the county central committee: B. R. Brown. of West JJer sey : E. S. Baffi, of Goshen ; Perry Winn, of East Goshen ; Jacob Graves, of South Essex; A. G. Hammond, of North Essex ; J. M. Brown, of Toulon; Marsh Winn, of East Toulon : William Jackson.
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of Elmira : Samuel Wrigley, of Valley; Cyrus Bocock, of Penn ; Joseph Flemming, of Osceola. The committee was organized with J. M. Brown chairman and E. S. Buffum secretary. The following were appointed by the caucus as delegates to the legislative conven- tion, to be held at Princeton; September 7: Newton J. Smith, Niles A. Fuller, A. W. King, J. A. Clock, C. W. Brown, B. F. Garrett, T. II. Crone, A. G. Hammond, Wilson Trickle, L. Egbert, Perry Winn, Sam- nel White.
At the republican legislative convention held at Princeton Septem- ber 7. Edward A. Washburn, present county treasurer of Bureau county, was nominated for state senator. Sterling Pomeroy, of Bureau county, and James II. Miller, of Stark county, were nominated for representatives.
The victors and vanquished of the campaign, which followed the several nominations, are referred to in the pages devoted to election returns ; while in the pages devoted to family history the greater num- ber of them find mention.
CHAPTER VIH.
THE COURTS AND BAR.
ROM the earliest period in the history of the world the ad- vocate has existed and made his presence known where men of other trades were silent and unfelt. The author of " Paradise Lost " lived at a time when mental revolutions reduced humanity to a state of skepticism and left the con- science of the people uncontrolled by that spiritual govern- ment which for centuries ruled the Christian world, and judging from the experiences of that time declared that " most men are allured to the trade of law, grounding their purposes not on the prudent and heavenly contemplation of justice and equity, which was never taught them, but on the promising and pleas- ing thoughts of litigious terms, fat contentions and flowing fees." The advances made by society in after years fostered certain ambitions, and among the highest of them was to attain the profession of the law. It became a great never-ending study, and thus in Johnson's time the bar embraced
" Men of that large profession, who can speak To every cause, and things indeed contraries, Till they are hoarse again, yet all be law : That with most quick agility can turn, And return. make knots, and undo them, Give forked counsel, take provoking gold From either side and put it up."
In the earlier years of the county the circuit lawyers, principally from Peoria, Galesburg, Canton, and other old pioneer centers of the military tract were well known in the courts of Stark. The coming of W. W. Drummond to establish an office formed an introduction to
10
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HISTORY OF STARK COUNTY.
a permanent local bar, but not until 1847. when Martin Shallenberger settled at Toulon, did the numbers of circuit lawyers attending Stark county courts decrease. Within the last four decades Stark county has claimed many excellent lawyers, and even furnished a few to the new states and territories. In the following pages brief notices of the old and new bar are made.
The Circuit Court of Fulton county, the first connected with Northern Illinois, was held April 26, 1824. There was not another term of the court held until November, 10, 1825, when John York Sawyer, presided. Judge Sawyer was one of those carly judges who had no finely furnished and fitted room in which to hold court. It was the humble cabin, or plain board buikling, in which this able judge presided. He has been known to hold court upon the bank of the Mackinaw river in Tazewell county. Ile was a man eminently suited to the times. John Twing, attorney general pro tem., acted as pros- ecuting attorney at this term, and Stephen Dewey, clerk. Ossian M. Ross officiated as sheriff. This was the first cireuit at that time, and extended throughout the northern part of the state. A few years later it was changed to the fifth, and included all the country in the military traet. even the counties of Cook and Jo Daviess.
In May, 1831, Judge Young opened the first session of the first circuit court for Putnam county. Among the petit jurors present were John Whitaker, Wm. Boyd, Wm. Wright. Ezekiel Thomas and Justus Ament. A number of fines were imposed on absent jurors, most of which were remitted. In September, 1831, the names of Benjamin Smith, Sylvanns Moore, Wm. D. Grant, Harris Miner, Isaac B. Essex, Aaron Whitaker, John B. Dodge, JJames Garvin. Roswell Blanchard, Wmn. Smith and David Cooper appear as grand jurors. At this term Clark Hollanbeck was charged with " malfeasance in office " as justice of the peace, but the case was subsequently quashed. The first indiet- ment in May, 1831, was that of Resin Hall for bigamy, and Martha Wright, one of his wives. Before the September session was hekdl, IIall, wives, cabin and all disappeared.
The first entry in the record A of the circuit court of Stark county (held at the house of W. II. Henderson, October 11, 1539, with Thomas Ford, judge of the ninth judicial circuit. presiding: Norman J. Purple, states attorney ; Augustus A. Dunn, sheriff, and John W. Henderson, elerk), is as follows: Luther Driscoll having been duly simnoned as a grand juror was appointed by the court, foreman of the grand jury : and Asa Currier, Henry Seeley, Samuel Love. John Hester, David Simmerman, Nathan Swartz. Adam Day, Adam Perry, Wmn. Mahany being also duly summoned. also gave their attendance, and there not being a sufficient number to constitute a grand jury, it is ordered that the sheriff summon two others from the bystanders to complete the panel; and the sheriff, thereupon, returned the names of JJames K. MeClonaban and Wm. W. Drummond, who also gave their attendance, * who with the others were sworn to enquire for the body of the county of Stark aforesaid, and retired to consider of their indict- ments and presentments. This jury brought in a true bill against Frederick Ulard, and having no further business received discharge.
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James Pollok, who left Ireland in 1832 and came to Philadelphia, declared his intention to become a citizen of the United States, October 12, 1839, before Judge Thomas Ford of the ninth judicial circuit. This is the first declaration of record in Stark county. The Turnbull and Oliver declarations bear date October, 1840.
James A. Henderson in his address before the Old Settlers in 1882. describes graphieally this first court. It is as follows :
" It is Friday morning, October 11. A. D. 1839, and the early set- tlers of Stark county have met at a private residence, about one mile due south of where the court-house now stands, to be present, as officers, jurors, suiters, witnesses or spectators, at the first term of the Circuit Court held in the county. Thomas Ford, Esq .. is judge. Nor- man 11. Purple, states attorney, and Onslow Peters and Theophilus Lyle Dickey are the lawyers present. John W. Henderson is clerk. pro tem .; Augustus Dann is sheriff, and Luther Driscoll as foreman, Asa Currier, Henry Seeley. Samuel Love, Samuel Seeley, John Finley, Adam Day, William Mahaney, William Porter, Summer Shaw, John Hester, David Simmerman, Nathan Swartz, Adam Perry, James K. McClanahan and William W. Drummond constitute the grand jury. while Washington Colwell. Calvin Powell, sr., Elijah Eltzroth, Daniel Hodgson, Henry McClanahan, Milton Richards, Jeremiah Bennett, Minott Silliman, William Bowen, David Cooper, Josiah Motlit, Samuel Harris. Robert Sharer. Nicholas Sturms, Isaac Spencer, James Buswell, Horace Vail, Nehemiah Merrit, Christopher Sanimis, Thomas Timmons, Thomas S. Clark, Washington Trickle, George Eekley and Jacob Smith form the petit jury. And scattered here and there in groups upon the grass beneath the magnificent trees which sheltered the home upon the hill, we will imagine we see the Arnolds, Websters, Barnets, Lyons. Riddles, Nichols, Jones, Dawsons, Pratz, Dunbars, Lakes, Grants. Cummings, Bonhams, Chatfickls, Camps, Wykoffs. Dunns, Berfields. Trickles. Richards, Emerys, Rigins, Powells, Clarks Eckleys, Egberts. Finches, Hurds, Jacksons, Dwires, Hodgesons, Me Williams, Masons, Turners, Ililliards, Halseys. Farrs, Stoddards, Geers, Sillimans, Ogles, McClanahans, Reeds, Mascalls, Greenleafs, Coopers, Essexs, Eastmans, Wards. Smiths, Coxes, Colwells, Sheets, Graves, Mounts, Moffitts, Thomas, Butlers, Agards. Barretts. Dorrances. Averys, Shavers, Stur- tevants, Parkers, Holgates, Walls, Fullers, Breeses. Pikes, Moores, Phemxs, Sturms, Searles, Dalrymples, Parks, Whitakers, Halls, Spen- cers, Buswells, Woodwards, Braces, Turnbulls, Olivers, Rules, Lyles. Blanchards, Whites, Fowlers, Parrishes, Miners, Perrys. Austins. Heaths, Winns, Millers, Maxfields, Days, Willams, Pollocks, Mitchells, Nowlans, Frails, Gradys, Drays, Worleys, Winters, Littles, Potters. Lesons, Wheelers, Ames. Van Dykes, and many others whose names I cannot now recall. They are langhing, talking, shaking hands and telling of each others welfare. Some have journeyed hither on foot, others on horseback or in wagons. Some have come from afar, while others live near by. and that may mean a mile or six away. The Family, as was the custom with all the early settlers, has made expensive preparations to receive and care for all who may come judge, lawyers jurors. suitors, witnesses and people. We will suppose
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IIISTORY OF STARK COUNTY.
that all have come, and as we look back and remember how many grown people had to eat before the boys were admitted to the table, it seems as if none were absent.
The court has opened, the grand jury has been impanelled and charged, and after a brief absence in a corn-crib near by, has returned into court with a . true bill,' charging a member of one of the most respectable families of the county with the crime of larceny, on the testimony of Christopher Sammnis, a merchant of Moulton, whose goods had been stolen. Joseph K. Lane, Moses Boardman, John Pryor, Daw- son and J. Chaffee were here. The grand jury has been discharged. The prisoner made his escape before trial, and perhaps never was in the county afterwards. If his attorneys, Peters and Dickey, had been as longheaded then as they afterwards proved themselves to be. pos- sibly they might have cleared him, by picking a flaw in the indictment. In another room there stands a long table which has been covered with a bountiful supply of the humble fare of the pioneer's home. And all are expected to enter and partake of it as freely and as heartily as if it were their own. At last the sun has reached the highest point in the heavens, and paused. as it were. for a moment's rest ore starting down the westward grade. Sheriff Dunn has, in obedience to the order of the court, just cried an adjournment for dinner. The out- siders have been duly summoned, and as those who have been fortu- nate enough to gain admission to the little court-room file out, the doors leading to the other rooms are thrown wide open, and, in the name of the head of that hospitable home, who is here no more to per- form that office, I bid you, Mr. President, and each one of you old settlers, to enter the open door, and beg to assure von of a hearty, earnest welcome from all within. Walk in and be seated, and as you partake of the noon-day meal, talk of the events of 1839 -of the years long gone by. But, as I step aside to permit your entrance, I am reminded that almost forty-three years have passed away since that table was spread and that dinner was eaten by the early settlers of Stark county. I am also sadly reminded that many of those whose names have been called and who were there on that day, are not here now."
Among the first cirenit judges was Richard M. Young, a native of Kentucky, who settled in Illinois at an early date. He was appointed circuit judge in 1828, and served until January, 1837, when he accepted a seat in the United States senate. In matters relating to the consti- tution and laws of the state he took a very active part, until stricken down by insanity. Thomas Ford, who served as proseenting attor- ney prior to 1835, was appointed judge of the northern circuit. Ho was born in Pennsylvania in the year 1800; was brought by his wid- owed mother to Missouri in 1804, and shortly afterward to Ilinois. Ile received a good education : studied law; was four times judge -twice as circuit judge, judge of Chicago, and judge of supreme court. Ile was elected governor by the democratic party in 1842 : wrote bis history of Illinois in 1847, and died in 1550. John Dean C'aton was appointed judge of this cirenit in August. 1542. and served until 1848. Mrs. Shallenberger speaks of him thus: " During the
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administration of Caton, there was quite a strife over the appoint- ment of circuit clerk. the aspirants being John W. Henderson, whig. and Oliver Whitaker, democrat. Caton being a democrat. appointed Mr. Whitaker, who held the office under this appointment until a change of law made it elective, when he was again chosen by the pen- ple, and served every term till November, 1852, when he was defeated by Jefferson Winn." Thomas Lyle Dickey was the first judge of the ninth district, over which he presided until Stark was placed in the tenth district, with JJudge Kellogg presiding, from 1849 to 1852. Judge Onslow Peters presided over the sixteenth cirenit in 1855. His death occurred at Washington, D. C., in February. 1856. In April, 1856, Jacob Gale was elected, but did not serve, when Elihu N. Powell was appointed. He was defeated, in June, 1861, by Amos L. Merriman, who gave place in 1863 to Marion Williamson, who defeated Martin Shallenberger in the contest for the judgeship. In 1867 Sabin D. Puterbangh was elected : resigned in 1878. when Henry B. Hopkins was chosen judge. In 1873 Joseph W. Cochrane was elected on the A. M. D. ticket, and served until June. 1579. David McCulloch, nom- inee of the prohibition party in 1586 for congress, was elected on the republican ticket in 1577. and, with N. B. Laws and Judge Burns, was reflected in 1879 for the eighth judicial cirenit. In September, ISS6, Judge Samuel S. Page presided here. with JJohn M. Me Millen, foreman of grand jury ; S. G. Brees, clerk of grand jury, and the circuit clerk and sheriff. In 1585. Judges Page, Thomas M. Shaw and Nathan W. Green were elected. A reference to the political chapter will point ont the names of court officers here since 1839. The greater number of the lawyers of Stark county being closely connected with public affairs here, are noticed at some length on other pages ; but, lest any of the old or present bar might not be mentioned. the following personal notices are made :
Benj. F. Fridley, state's attorney in 1846, resided at Ottawa, but traveled through the circuit. Ile moved to Aurora subsequently. While possessing little educational traits, he was a man of strong nat- ural ability. Julius Manning, an old lawyer of Knoxville, practiced here in 1546: died at Peoria. He was a very able lawyer, and gener- ally, if not always, assisted W. W. Drummond, first resident attorney of Stark. Il. O. Merriman, of Peoria, who attended court here in the forties, died at Peoria - Lawyer" Bang's was admitted to the bar at Peoria : practiced at Toulon in 1545-6, when he moved to Iowa. W. 1. Phelps. the second lawyer who established himself at Tonlon, left here in 1846 for the West. Onslow Peters. a Massachusetts man, of the Peoria bar, was one of the old bar ; subsequently elected cirenit judge : died in 1556, at Washington, D. C. In his office Martin Shal- Tenberger read law in 1546-7. Silas Ramsey resided at Lacon, but practiced in Stark occasionally in the forties. C. K. Harvey, a emenit lawyer, practiced here through several terms. He was one of the lead- ing lawyers of those times. His danghter married A. M. Craig, judge of the supreme court. Aaron Tyler, jr., read law with Onslow Peters ; came to Toulon in 1×45, and practiced here for some two years, when he moved to St. Louis ; thence to Knoxville, where he was appointed
.
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HISTORY OF STARK COUNTY.
circuit judge, and thence to Chicago, where he died. Another lawyer, the senior Tyler. had a large list of eases here in 1846. Lincoln B. Knowlton, a Peoria pioneer lawyer, was prosecuting attorney for this cirenit, and continued in practice there until his death, about 1855. lle was an eloquent and logieal speaker, eccentric in appearance. Benton C. Cook was state's attorney in 1847. Martin Shaflenberger, the senior member of the Stark County Bar, settled hore in 1847. Ilis reputation of being the best read man in the eighth judicial cireuit is generally admitted. Lawyer Taylor was present here in 1547; but whether it was J. I. Taylor, of Princeton, or not, is even yet unde- cided. J. S. Fancher, who practiced at Peoria for a short tone, prac- tieed here in 1847. Amos L. Merriman, subsequently circuit judge here, resigning in 1863, now a resident of Washington, D. C., was a circuit lawyer in 1847, with his brother. E. N. Powell, of the Peoria bar, who was judge for this circuit subsequently, praetieed here in 1848; died at Peoria, Inly 15, 1871. Wm. A. Chnmasero, a lawyer of La Salle county, now of Helena. M. T., was here in 1848. Ira J. Fenn, of Lacon, practiced here occasionally from 1848 to 1860.
Il. G. Reynolds came from Rock Island to Knoxville about 1851, moved to Springfield in 1854, and is now a citizen of Kansas. At Knoxville he served as state's attorney and postmaster. George A. Clifford, who came from Massachusetts at an early date and settled at Rochester, practiced law at Knoxville; then was city editor and re- porter on the Chicago Democrat ; next practiced law at Toulon, en- tered the service of the Union, and afterward was employed as steno- grapher and legal adviser and again as official reporter of court martials and other heavy cases. In 1860 he was assistant editor of the cam- paign paper called the Stark County Democrat, and in 1862 was ap- pointed master in chancery. He fell into intemperance, and it is said that while suffering under a nervous attack he dropped from a window at Washington, D. C., and was killed. His widow now resides at Albert Lea, Minn. Norman Il. Purple was distinguished for high legal abilities, served as judge of Fulton county from 1845 to 1849, refused official positions and devoted his whole time to his office. Harvey J. Rhodes, a pioneer justice of Stark county, began practicing law in 1851 ; died some years ago. Ezra G. Sanger, a Peoria lawyer, visited this court in 1851, and for some years after. Robert Wilkin- son, of Rock Island was here in 1852; like his brother, Ira O. Wilkin- son, he was one of the reliable lawyers of thirty years ago. E. Gav Johnson, a Peoria lawyer and state's attorney, practiced law here occasionally from 1852 to the period of his death. George Blakely, his partner, was here also in 1852. Dr. Roberts, of Pekin, who later be- came a lawyer, is credited with being here in 1852. Leander Douglas, of Knoxville, afterward of Galesburg, where he died a few years ago, practiced here in 1852. Thomas J. Henderson is noticed throughout the history of the county and particularly in the sketch of Toulon. William F. Bryan, of Peoria, practiced in the courts of Stark county in 1853. Lorin G. Pratt, of Peoria, visited Toulon in 1853, moved to Chicago many years ago, where he is still in practice. William Kel- logg's name appears on the circuit court docket in 1854. He was
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judge of this circuit from 1849 to 1552: elected to congress: died at Peoria some years ago. He was considered a very able lawyer. Judge J. W. Hewitt, practiced here in 1855. II. N. Keightly, of Knoxville. at one fine a partner of G. A. Clifford, practiced in the courts of Stark county in 1854. Geo. W. Stipp, better known as JJudge Stipp, of Bureau county, practiced here in 1555. John H. Howe, of Kewanee, practiced in 1857: was elected colonel 124th Ill. Vol. Inf .; served as circuit judge; died some years ago. Hiram Bigelow, of Galva, ap- peared in the courts here in 1857 and has been an occasional visitor since that time. Alex. McCoy, state's attorney, practiced here in 1857. Ile moved from Peoria to Chicago some years ago. John Burns, who presided here recently as circuit judge, practiced here in 1859. C. (. Wilson's name appears on the list of lawyers in 1857. lle was a pioneer of Valley township; moved to Princeton, and ultimately settled at Kewanee, where he now resides. John I. Bennett, now of Chicago, practiced here in 1861. Judge Bailey, of Macomb county, practiced here in 1961. Levi North, of Kewanee, is a name connected with the courts here since 1861. He is said to be as good a portrait painter as he is a lawyer.
Ira O. Wilkinson practiced here in 1862, was subsequently circuit judge of the Rock Island circuit. Geo. W. Pleasants, who also prac- ticed here in 1862. is now circuit judge. Henry B. Hopkins, of Peoria, was here in 1862. Ile served as circuit judge by appointment, succeed- ing S. D. Interbaugh. Miles A. Fuller, a pioneer of the county, was admitted to the bar in 1962. A sketch of his life is given in the his- tory of Toulon. Julius Starr. of Peoria, practiced here in 1864. D. (. Young came here in 1865 or 1866, practiced law here for a few years. Robert Barr studied law under Martin Shallenberger, was admitted an attorney in 1866, moved to Adell, Ia., where he is now. W. W. Wright, noticed in the history of Toulon, as well as in other chapters, has lifted an honorable place among the members of the bar. Ford D. Smith read law under Martin Shallenberger, was admitted to the bar in 1868. practiced here until 1872 or 1873, when he returned to his home near Hackettstown. N. J. J. II. Miller, one of the leading members of the state legislature, practiced in the circuit court here in 1869. Nicholas E. Worthington, who came from Maryland to Peoria, en- tered the practice of law in the sixties, practiced here in 1869, was elected member of congress in 1852, reelected and received the unan- imous nomination of his party for a third term in 1886. Thomas E. Milchrist, of Galva, practiced here as early as 1868, and is still a visi- tor. Ile is states attorney at Galva. Sabin D. Puterbaugh, author of " Pleading and Practice," came here first in 1869, served as judge of this circuit until his resignation in 1873. Marion Williamson, circuit judge from 1862 to 1566, born in Adams county, Ohio, died at Peoria in 1868. C. K. Ladd, of Kewanee, practiced here in 1871. Jos. W. Cochran, judge of this circuit, practiced here in 1871. Hle preceded Judge McCulloch on the bench. W. II. Adams, whose name is iden- tified with archaeological discovery in this district, practiced in the circuit court here in 1872. Tillottson and Guitean opened a law office at Bradford in 1874, and a branch office at Toulon, over which Gniteau
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HISTORY OF STARK COUNTY.
presided. Thomas Cratty, of Peoria, practiced here in 1878. He is now at Chicago. A. P. Miller's name appears as an attorney on the circuit court docket in 1881. Frank Thomas was admitted to the bar in 1878, now of Wyoming. Bradford F. Thompson's name appears as attorney before the circuit court in 1878. F. N. Prout studied under J. H. Miller, is now engaged in law practice at Blue Spring. Neb. James E. Bush, admitted in 1878, practiced law at Bradford, now at Beatrice, Neb. Thomas D. Higgs studied under Martin Shallenberger in 1878, now at Storm Lake, Iowa. W. W. Hammond. son of A. G. llammond of Wyoming, is now in practice at Peoria. Lawyer Kerns, read law at Peoria. Frank Marsh read law under Martin Shallen- berger, was admitted to the bar, is now in Nebraska. Henry C. Fuller was admitted to the bar here and is now a resident lawyer of Peoria. Ilarry Pierce was admitted to the bar in May, 1883. Grant Newell, a son of Dr. O. W. Newell, of Bradford, studied law at Chicago in 1885.
Among the lawyers who practiced here, not hitherto mentioned, were Shill, Fraser, Kinners and Mirrin, 1848-50; Fleming, Hazard, W. Sandford, Craig, II. L. Miller, Perley, Davidson, Blair, Reed, Sanders, Fenice, Porter, Richmond, Stone. Bishop, Williams, Farwell, Hinman, Walshe and Page, 1851-61 ; Johnson. P. S. Perley, D. C. Young, Ste- phens, George Puterbangh, Cooper, Worrell, Moss, M. Kendall, Ide, G. G. Gibbons, 1862-9; I. C. Maclin, G. E. Ford, Shaw, Ingersoll. Brawbey, Herron, Fargo, Hannaman, Kretzinger, F. W. Wright, Bas- sett. Cornell, Emerson, Wear, Jack and G. M. Dixon, in 1870-1: McKinzie, F. S. Potter, J. S. Starr, in 1872; J. E. Bush. M. M. Lucy, L. Allen, Winchester, I. E. Cone and Ulrich, are names of attorneys on the docket in 1878; Talliaferro, Pepper, Gannon, Olson, Pettee, B. P. Duffy, C. C. Wilson and JJ. P. Miller, in 1879; Price, Shepherd, Marston, Foster, Raum, in 1881-2; M. M. Bassett, in 1883; F. S. Ros- setter, C. W. MeGovern and Muckle, in 1884; W. S. Brackett, Moore, Bradford and Prince, in 1885.
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