USA > Illinois > Shelby County > Historic sketch and biographical album of Shelby County, Illinois > Part 7
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1.395
4.052
5.995
9,910
11.587
25.747
Pianos .
12
119
312
1.300
8.062
25.773
Franchises .
3,000
Patent rights.
60
425.150
Materials and manufactured articles
1.250
5.783
6.750
Manufacturers' tools and machinery
9.9337
52.2260
Agricurtural tools and machinery.
79.079
1:22.44-
Gold and silver plate and plated ware.
163
2.020
Diamonds and jewelry.
92.540
Moneys of bank, bankers, brokers, or stock jobber .
32.102
130.303
Credits other than bank, bankers. broker. or stock jobber.
3,599
16.655
Moneys other than bank, bankers, broker. or stock jobber .
164,690
290,625
Credits other than bank, bankers. broker. or stock jobber
243.211
714.515
Bonds or stocks Bridge property
290
5.655
Household and office furniture
117.849
329.43>
All other property not otherwise listed
339.147
Dog-
3.597
..
. .
Ridge
231,814
46,508
Pickaway
144,598
29,979
Penn.
107,440
14.55;
Holland
86.752
4.564
25.599
Shelbyville.
144.348
226.468
253.844
Okaw.
1 58,886
12.339
36,123
Oconee. .
$ 192.403 $ 12.657 $ 40.218
Todd's Point ..
118,434
4.364
14.613
Herrick
35.154
7.132
12,450
Prairie.
188.289
20.140
41.049
Cold Spring
81.255
77
16.796
Richland.
177.748
13.054
34,978
Tower Hill
·123.011
21.117
30.688
Windsor
131,280
52,175
46,001
Rural ..
181.507
35.900
Sigel. .
63,663
12.460
27,91.
Flat Branch
158.598
19,723
Moweaqua
148.321
69.760
58.341
Ash Grove
226.480
43.998
Dry Point
138,703
24.346
49.479
Rose
106,635
4.938
24.720
114
1,720
5.633
Carriages and wagons
1.763
62.340
>G.715
134.349
Sewing and knitting machines
2. 156
3.79%
19.730
31.939
Melodeons and organs
239
1.272
6,504
Goods and merchandise.
75.0%%
162.075
ASSESSED VALUATION OF LANDS IN TOWNSHIPS OF SHELBY COUNTY-1899.
Per. Prop.
Land.
Lots.
Assd. Val.
Big Spring
103.054
1,085
20,6c.
Total $3.048.363 $486.676
$924.000
52
134.900
250
Property of saloons and eating houses.
.)·)
Fire and burglar-proof safes
11
HISTORIC SKETCH.
Shelby county has not been spared the dis- grace of having within her borders, criminals of all classes. even to the murderer, and perpetra- tor of other heinous crimes. But it is a matter of credit to her, that her officers have ever been zealous in apprehending and bringing to justice the guilty ones, and in administering adequate punishment to the misdoer. We append a few of the court documents, bearing on some of the earlier cases :
A MURDER CASE.
"Tuesday morning. 13th April, 1830. "Court met pursuant to adjournment.
"The People vs. Benj. Warnock. Indict- ment for murder. Implicated with Robert Carlyle.
"On this day came the defendant. Benjamin Warnock. in open court, and enters his appear- ance in this case, and for plea says he is not guilty in manner and form as are alleged in the indictment, and to which plea the State's Attor- ney joins issue. The petit jury, summonsed to attend this court, being discharged, a state's jury was ordered to be summonsed, to-wit: Isaac Martin. James A. Baker, David Hinton, James Ledbetter, Barnet Bone. William Bone. John Hill. John Richardson, Isaac Renfo, and Bennet Robinson, who. being elected, tried and sworn to try the issue joined upon the oatlis, do say that we. the jury. find the defendant not guilty. Therefore it is considered by the court now here. that the defendant be discharged, and go hence without delay."
One of the most important cases of the early days was tried in the May term of circuit court, in 1842. Robert Sellars was indicted for the murder of James Rodman. At his trial he was found guilty of murder in the first degree.
and sentenced to be hanged. The following is his sentence, as appears on the record :
"That the defendant. Robert Sellars. be again remanded to jail, there to remain until Tuesday, the 21st day of June next, when he shall be taken to the place of execution, and there. between the hours of ten o'clock in the forenoon and two o'clock of the afternoon of that day. he be hanged by the neck until he is (lead .*
Through the efforts of his attorneys. Sellars was granted a new trial. when he pleaded guilty of manslaughter, and was sentenced for eight years to hard labor in the penitentiary. Upon liis release at the expiration of his sentence. he returned to this county, and was soon afterward killed by being thrown from a horse.
A CASE OF FLOGGING.
"People vs. John Spalding. Indictment for Larceny.
"The said people by the attorney appeared in court : and the defendant. in his proper person. and for plea says he is not guilty in manner and form as is alleged in said indictment-to which plea the people joined issue. Whereupon came a jury, to-wit : William E. Weger. Andrew Miller. William Martin, Benjamin Dubney. Ben- jamin Moberly, Jonathan Hill. John Tipsoaid. John Whitley. Sen .. Allen Reed. Joseph Reed. John Abbet. Jr .. and Daniel Siscoe-who. being elected. tried and sworn well and truly to try the issue joined on their oaths, do say : 'We, the jury. find the defendant guilty in manner and form as in said indictment, mentioned to be of the value therein stated.' and the said jurors were there- upon discharged until tomorrow morning at nine o'clock. to which time the court adjourned.
53
HISTORIC SKETCH.
Tuesday morning. Sep. 16th, 1828. "Court met pursuant to adjourmment. Present. "HON. T. W. SMITHI, Judge.
"The People vs. John Spalding. Indictment for Larceny.
"This day the prisoner was led to the bar by the sheriff, and having nothing to say why judgment should not be pronounced against him, it is ordered and adjudged by the court now here, that the defendant, John Spalding, receive for the offense aforesaid, thirty-nine lashes on his bare back, and the sheriff of Shelby county, between the hours of twelve o'clock and two o'clock, on this day, execute this judgment. And it is further ordered, adjudged and directed that the defendant make his fine to the people of this state, in the sum of two dollars and seventy-one cents, being one-half the value of the articles stolen, and that he be imprisoned for the term of three days, and that he stand committed until the fine and costs are paid."
The whipping post was located on the pub- lic square and to this the prisoner was fastened while the sentence of the court was carried out, in the presence of the onlookers.
NATURALIZATION PAPER.
We append a copy of the first naturalization papers issued in Shelby county, at the May, 1847. term of the circuit court. Solomon Stilgebauer was the name of the alien seeking citizenship : "State of Illinois, Shelby County.
"Solomon Stilgebauer, being duly sworn. deposeth and saith, that it is his intention, bona fide, to become a citizen of the United States of America, and to renounce forever all allegance and fidelity to any foreign prince, potentate, or sovereignty whatsoever, and particularly to the
sovereignty or kingdom of Bavaria, in Germany. of which he was formerly a subject.
"SOLOMON STILGEBAUER.
"Sworn to and subscribed before me. this 27th day of May, 1847. "WILLIAMI L. PRENTICE, Clerk."
"Application for Citizenship of Solomon Stilge- bauer, an alien.
"On this day the said Solomon Stilgebauer, by his attorney. and it appearing to the court. by the record, exhibited in proof, that at the May term of the Shelby county circuit court, in the state of Illinois, for the year 1847, the said applicant had declared on oath his intention to become a citizen of the United States of America, in pursuance of law, and the court being satisfied from the evidence of Anthony Thornton and William Royse, that the said applicant had re- sided within the United States more than five years, and in the county of Shelby, in the state of Illinois, more than one year before the present term of this court, and that during the said five years he has behaved as a man of good moral character, attached to the principles of the con- stitution of the United States, and that he has been well disposed to the good order and happi- ness of the same. And the said applicant having declared on oath in open court, that he would support the constitution of the United States. and he willingly, absolutely and entirely re- nounced and abjured all allegiance and fidelity to every foreign prince, potentate, state and sov- ereignty, whatsoever, and particularly to the King of Bavaria, in Germany.
"It is therefore ordered by the court that these proceedings be entered of records, and that the said Solomon Stilgebauer is entitled to and is hereby admitted to all the rights, privileges and immunities of a citizen of the United States of America.
54
HISTORIC SKETCH.
"It is further ordered that the said appli- cant pay the costs hereof. etc."
FIRST DIVORCE.
"Bennet Robinson vs. Elizabeth Robinson. Libel for Divorce.
"It appearing to the satisfaction of the court that the parties were lawfully married, as is set forth in said libel; and that the said Elizabeth did voluntarily and wilfully absent herself from the libellant for two years in continuance : and proof of the pendency of this libel having been made according to law. It is ordered. adjudged. and decreed. that the banns of matrimony here- tofore subsisting between the said parties. be. and they are hereby dissolved-and the prayer of the said bill be granted ; and that the said libellant pay the costs attending the prosecution of his said libel."
LEGISLATORS FROM THIS DISTRICT.
We copy the names of the legislators from Shelby county, or the district in which it is situ- ated. since its organization, in 1827 :
SENATORS.
William Williamson 1832-35
l'eter Warren 1836-49
Hiram Rountree 1849-54
Gabriel R. Jernigan 1853-55
Joel S. Post 1857-59
Richard J. Oglesby 19.
H. M. Vandeveer 1863-65
John M. Woodson 1867-'69
Solomon Lewis 71
Charles Voris 1871-73
Thomas Brewer 1875-'77
Erastus N. Rinehart .1879-'83
L. B. Stephenson 1884-'88
Samuel W. Wright. Jr .. .1888-'92
Isaac B. Craig
1892-'96
S. C. Pemberton 1896-
REPRESENTATIVES.
George H. Beeler 1832-33
Thomas B. Trower 1834-35
John S. Turley 1836-37
William F. Thornton 1838-39
Owen Prentice. .
1840-'41
Jonathan B. Howard 1842-'43
John S. Turley 1844-'45
Edward Evey '49
Anthony Thornton '51
S. W. Moulton 1853-57
Thomas Brewer '59
Thomas W. Harris '61
Reuben Roessler '63
William Middlesworth '65
Charles Voris 1867-'69
John Casey '71
Edward Roessler
‹.
William H. McDonald `73
WilliamH. Blakelay ..
Benson Wood
William Gillmore. `75
William Middlesworth
. .
William Chew
Gershom Monahan
Nathaniel P. Robinson 6.
Thomas J. Fritts
William M. Abraham `79
James L. Ryan
Baitly Scarlett ..
Alfred C. Campbell 1880-'82
George I). Chafee
F. M. Richardson ..
55
1
HISTORIC SKETCH.
Charles 1. Roane 1883-84
Thomas N. Henry ..
John H. Baker ..
Thomas N. Henry 1885-86
John H. Baker . .
Walter C. Ileaden ..
John 11. Baker 1887-88
John J. Schneider
Joseph P. Condo ..
William G. Cochran 889-'90
John J. Schneider ..
Frank Spitler
..
James Laughlin
1891-92
Philip Wiwi
Walter C. Headen ..
Philip Wiwi 1893-94
Leverett S. Baldwin
Albert Campbell
..
Alex. H. McTaggart
1895-96
Joseph P. Barricklow
W. H. Wallace
Caleb R. Torrence 1897-98
Isaac B. Craig
Joseph P. Barricklow
Carl S. Burgett
1899-00
Charles Lec 6
George R. Graybill
Carl S. Burgett
1891-02
Robt. G. Hammond
William Beem
COUNTY COMMISSIONERS.
John Whitley. Jr., Levi Casey, William Weger 1827 Levi Casey. Jesse Rhodes, James Jordan . . 1828 Levi Casey, Jesse Rhodes, Edward Reed. . 1829 Levi Casey, Ed Reed, Benjamin Walden. . 1830 Bushrod W. Henry, George Parks, John
Brally .- August. .1832
B. W. Henry. George Park. James Good- win-December .1832 Aaron Mckenzie. Lemuel Dazey. Barnet Bone 1834 Jolin Storm. James Freeman, Daniel Price ... 1836 John Storm, Daniel Price, T. J. Kellam . . 1837 John Storm, Daniel Dawdy, John Douthit . . 1838 John Douthit. D. Dawdy, T. W. Short . . . . 1840 John Douthit. T. W. Short. Gideon Edward 1841 T. W. Short, G. Edward, Rolls Calvert 1842 R. Calvert, G. Parks, E. Hooper 1843 George Parks, John Houchins, B. W. Henry 1844 George Parks. B. W. Henry, T. W. Short. . 1845 T. W. Short. G. Parks, D. W. Dawdy . . . . 1846 T. W. Short, James Brownlee, John Mor- rison 1847
John Morrison, James Brownlee. Peter Parker .1848
In 1849, and after the adoption of the con- stitution. the county judges performed the duties before performed by the county commissioners.
PROBATE JUSTICES OF THE PEACE.
Joseph Oliver 1829 to 1837
William Nicholls
1837 to 1339
Edward Evey
1839 to 1849
COUNTY JUDGES.
William Williamson ; D. M. Robinson, Rus-
sell Fletcher, associates. . 1849
William Williamson ; Russell Fletcher, John Casey, associates .1853
William Williamson ; John Casey, Joseph Leathers, associates .1854 Peter Fleming : John Casey, John R. War- ren, associates .1857
Peter Fleming
1857 to 1873
56
HISTORIC SKETCH.
J. Rose
1873 to 1876
W. W. Hess 1876 to 1887
T. E. Ames
1887 to 1896
. W. H. Ragan
1896 to 1898
T. H. Righter
1898 to
MASTERS IN CHANCERY.
Joseph Oliver to 1847
W. S. Prentice .1847 to 1849
W'm. Royse 1849 to 1851
Burrel Roberts 1851 to 1855
I. V. Lee
1855 to 1865
W. R. Reed
1865 to 1874
W. W. Hess
1874 to 1878
W. A. Cochran
1878 to 1884
J. William Lloyd
1884 to 1888
W. B. Townsend
1888 to 1889
W. A. Trower
1889 to 1893
E. A. Richardson 1893 to --
CLERKS OF THE COUNTY COURT.
Joseph Oliver 1827 to 1843
Burrel Roberts 1843 to 1868
Wm. Lloyd
1868 to 1877
James Frazer
1877 to 1886
Alfred F. Allen
1886 to 1894
Israel R. Small
1894 to 1898
Albert Allen
1898 to
CLERKS OF CIRCUIT COURT.
Joseph Oliver 1828 to 1846
William S. Prentice 1846 to 1848
William Rovse 1848, but retired
I. V. Lee.
1849. to fill unexpired term
Burrel Roberts 1851 to 1853
I. V. Lee 1853 to 1864
W. A. Cochran 1864 to 1880
Thomas Graybill.
1880 to 1888
Thomas H. Graham 1888 to 1900 W'm. E. McCormick. 1900 to
SHERIFFS.
William Williamson
1827 to 1833
Jacob L. Fleming
1833 to 1836
Peter Fleming
1836 to 1850
B. F. Frazer
1850 to 1853
A. E. Douthit
. 1853 to 1854
B. F. Frazer
1854 to 1855
Jacob Culter
1855 to 1856
Samuel Herod
1856 to 1858
Jacob Culter
1858 to 1860
J. J. Shaw
1860, resigned in 1861
William A. Trower
1861 to 1862
Marcus Richardson
1862 to 1864
F. B. Thompson
1864 to 1866
J. C. Huffer.
1866 to 1868
J. R. Moore
1868 to 1870
Marshall Howard
1870 to 1876
J. H. Silver
1876 to 1880
Lafayette Higginbotham
1880 to 1886
Wm. H. Shaw
1886 to 1890
Daniel Culvert
1800 to 1894
Hereules C. Courtright
1894 to 1898
Thomas Miner
. 1898 to 1902
CORONERS.
Isaac Martin
1827 to 1837
James Davis
1837 to 1843
James Hamilton .1843 to 1846
David Harris
1846
Albert Doyle, part of
1846 to 1850
J. C. Corley 1850 to 1852 W. A. Clements 1852 to 1853
W. A. Trower
1853 to 1855
B. Durkee
1855 to 1866
B. T. Kenningham
1866 to 1868
J. A. Hubbard
.1868 to 1870
57
1
HISTORIC SKETCH.
Wm. Sampson .1870 to 1880
Thomas .A. Hagan . 1892 to 1896
R. L. Garis . 1896 to 1900
James 11. Ilorn, present incumbent
COUNTY TREASURERS.
Shelton . Alphin 1827 to 1829
P. Rhodes 1829 to 1832
Jno. Hambleton 1832 to 1834
William Haden 1834 to 1836
Jno. J. Page .
1836 to 1838
Thomas Headen
1838
John J. Page
1838
Burrel Roberts 1839 to 1843
James Cutler 1843 to 1871
George W. Keeler
1871 to 1875
William C. Miller
1875 to 1877
Archibald Shelton
1877 to 1886
Wallace E. Walker
1886 to 1890
A. M. Craddock 1890 to 1894
Wallace E. Walker .1894 to 1898
J. F. Ulmer 1898 to
COUNTY SURVEYORS.
William Williamson 1827 to 1847
E. G. Shellenbarger 1847 to 1853
J. Brownlee .1853 to 1857
Elias Smith 1857 to 1867
Mr. Roessler 1867 to 1871
Elias Smith 1871 to 1875
S. Conover 1875 to 1878
John P. Brisben 1878 to 1888
G. W. Dickinson 1888 to -
STATE AND COUNTY ATTORNEYS.
William H. Brown, pro tem.
1830 to 1837
Josiah Fisk.
1837 to 1840
F. Forman, pro tem
1840 to 1845
Wm. H. Russel
1845 to 1846
Harry Lee
1846 to 1851
David B. Campbell 1851 to 1853
E. Rusk .1853 to 1856
M. Moore
.1856 to 1858
John R. Eden
1858 to 1861,
J. P. Boyd
.1861 to 1862
William G. Patterson, pro tem 1862 to 1863
J. R. Cunningham
1863 to 1869
M. B. Thompson.
1860 to 1873
L. B. Stephenson
.1873 to 1880
W. C. Kelley
1880 to 1888
W. B. Townsend
1888 to 1892
W. O. Wallace
.1802 to 1900
J. K. P. Grider
1900 to -
CIRCUIT JUDGES.
Theophilus Smith .1828 to 1835 Thomas Ford (presiding by agree-
ment, with Sidney Breeze) .. 835
Sidney Breese
1836 to 18.10
Samuel H. Treat
1841 to 1845
Gustavus Koerner
1845 to 1847
Samuel H. Treat
1847 to 1849
David Davis
1849 to 1853
Charles Emerson .1853 to 1862
Charles H. Constable
1862 to 1863
Charles Emerson
1864 to 1867
.A. J. Gallagher
1867 to 1873
H. M. Vandeveer
1873 to 1876
W. R. Welch, Charles S. Zane, H.
M. Vandeveer. (under new law) 1877 to 1879
W. R. Welch, H. M. Vandeveer.
J. J. Phillips
.1879 to 1880
(Judge Gross was appointed to fill vacancy caused by death of Judge Welch.) Judges Creighton, Shirley and Foulke .1880 to
Judges Ames, Farmer and Dwight
to
58
ALBERT CARRUTHERS.
WILLIAM O. WALLACE.
REMINISCENCES.
BY ATTORNEY GEORGE B. RHOADS.
CHAPTER VII.
From the title of this chapter the reader might think it necessary for the same to be writ- ten by one who had lived a great many years amongst the seenes which he attempts to por- tray, and whose versatile mind could wander at will along the corridors of time, and see again the vistas of the past. However, this is not es- sential, as one who has been privileged to listen to "the tales of other days" and to have access to records, official and otherwise, and possesses a bright mind, enabling him to arrange such anecdotes and incidents entertainingly, is com- petent to treat this subject. We are pleased with the collection of Reminiscences furnished us by Mir. Rhoads, and are confident the readers of this volume will likewise find them interesting .- The Publishers.
The famous criminal trial of pioneer times was that of Robert Sellars, for the murder of James Rodman. The indictment was returned in May, 1842. and trial took place at once, the de- fendant being found guilty and sentenced to be hung June 21, 1842. E. D. Baker. A. T. Bledsoe. and Anthony Thornton defended ; J. Lamborn. attorney general, prosecuted : Samuel H. Treat was the presiding judge. After sentence. the prisoner asked for a new trial, alleging that one of the jurors, Alfred Howlett. had expressed an opinion against him before the trial ; and in sup-
port of his motion presented to the court the affidavits of himself. Addison Moran, Jacob Kellar. and John D. Brewster, while the state filed fourteen affidavits supporting the character of Howlett, and two charging Sellars with per- jury in his own affidavit. Judge Treat overruled the motion, and Sellars appealed. The Supreme court reversed the case and ordered a new trial.
By the time the case came back to the cir- cuit court, the legislature had changed the erimi- nal code. and the original murder indictment was nolled : another, charging manslaughter under the new law, being returned. J. A. McDougall was now attorney general. Sellars plead guilty and took a sentence to the Alton penitentiary for eight years. Lamborn, former prosecutor. and J. Butterfield now took up the case for Sel- lars, and (1844) brought habeas corpus in the supreme court, arguing that a sentence under a law passed after the commission of the crime was a nullity. Judge Treat. then a member of that tribunal, refused to take part in the consideration of the case. The state contended that the plea of guilty had been voluntarily made, and should stand. The prisoner's counsel created a sensa- tion by citing Martial L. XI. 9 Epig. 59. as the law governing the case, as follows :
"My barber, with his razor on my throat. Asks me for wealth, for freedom, and what not : I promise all while danger ties my hands, For not the barber, but the rogue demands ; But when fierce razor to safe sheath withdrew. I'd spoil his dancing and his fiddling too."
The court held the authority not applic-
59
HISTORIC SKETCH.
able and ordered the prisoner back to AAlton to serve out his term : but the footnote to the case in the reports still gravely attests the classical knowledge of defendant's counsel. and publishes the quotation as part of the incidents of the case.
The first circuit court held in Shelby county convened Sept. 15. 1828. under Theophilus W. Smith, judge presiding. Joseph Oliver was cir- cuit clerk, and he took the oath of office in Fay- ette county. llis bond was $2.000, an enormous sum in those days : the sureties were Wm. Hall. Sr., Shelton Alphin, and William Williamson. The last named gentleman was sheriff.
The first case. James Hooper and Rufus Inaman vs. Elijah Jones, an action on the case, was dismissed by the parties without trial. The third case brought was a divorce suit, and the whole term had no suit involving more than $60.
As yet the county had no seal, and the clerk authenticated the process by sealing with red wax, over which he stuck an oblong piece of paper. pressing through the paper, into the wax, a square of grill work. Judge Moulton yet has in his collection a similar sealing tool. No printed forms were in use. The clerk wrote everything, and the quaint lettering and varied paper used is worth pulling down the old dusty file boxes to see. Along in '32 some printed subpoenas were bought, and from thence on. printed forms gradually came into use. Later the legislature passed a law permitting a seal to be made by using the word "seal." surrounded by a scrawl, and for a number of years the circuit clerk sealed all his documents in that manner. It is not until along in the forties that the present seal appears, and file covers appear at a still later clate.
The first case that the files indicate to have been bitterly fought was a personal injury suit
brought in 1831. The bundle of papers is fat ; many a modern case cannot equal it. The plain- tiff claimed the huge sum of twenty-five dollars damages ! In this case the deposition of a mid- wife living in the southern part of Illinois was taken by written interrogatories. So far as known, this was the first dedimus ever.issued in the county.
Not a single paper filed by those carly law- yers can be found until in '32. Then a few ap- pear here and there, and the signature is simply the last name with no initials. It is not until in 1840 that the records show the names of known attorneys, but from that year on the Linders, Ficklins, Thornton, Moulton, Gregory. Field, and other familiar names appear rapidly. and shortly thereafter the full name of the attor- ney is used.
The lot upon which the Unitarian church now stands was at one time the property of James B. Henry. One day Gen. Thornton and Henry struck up a trade, whereby the General bought the lot for $50. cash down, and took Henry's title deeds, that the new deed conveying the prop- erty to him might be drawn. Without waiting for the delivery of the papers, however, the General took possession of the premises and erected some improvements there on. Meanwhile, the making of the deed was in some manner delayed, until one day, Henry died rather suddenly with no dleed yet signed. His heirs were minors and could make no conveyance.
The General never let a little situation like that discourage him, so he hired A. P. Field. Daniel Gregory, and H. Eddy, lawyers, and went into court before Judge Breeze, asking that the court make him a deed. Levi Davis was guar- (lian, ad litem, for the Henry children, and he. with W. Vaughan, the administrator of the es-
60
HISTORIC SKETCH.
tate, and Sophia Henry, the widow, appeared before his honor and admitted Thornton was en- titled to his deed. To the utter astonishment of all Judge Breeze decided (Oct. 1, '37) that the court had no power to make such an order, and dismissed the proceedings at the General's costs.
The General was by this time thoroughly aroused, and promptly appealed the case to the supreme court, and in June, 1840, that court granted Thornton his deed. One of the supreme court justices (Smith) was so doubtful of the de- cision that he filed a qualifying opinion.
This was the first case ever appealed from the Shelby county circuit court.
The old road up Brewster's hill, into Shelby- ville, differed much from the well-graded. com- fortably-inclined thoroughfare of today. The bridge, in early days, crossed a hundred yards north of the present one. The road wound along the river bank south, to near the ford. There it turned up the ravine running northwest past what is now Geo. R. Graybill's residence, com- ing to the top of the hill near where John King now lives, whence it came down Water street to the public square. In the square the old court house stood in the center of Main street, and Thornton's store was east, almost where the last brick building on the south side of Main now stands. North, where is now a livery stable, and from thence to Yost & Andes' corner, were nu- mierous wooden buildings. In one of these Judge Moulton had an office.
Main street, in those days, was full of stumps, and timber stood from Broadway west. to the hill beyond the hollow south of the F. M. B. A. mill. Eastward. where the cut has been made to straighten the approach to the present bridge. the hill extended south some 150 feet, and the embankment on this side rose much
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