USA > Illinois > Schuyler County > Historical encyclopedia of Illinois, Volume 2 > Part 36
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Within a year after the first court house was completed, the county officials were asking for larger quarters and on December 3, 1828. notice of letting for the construction of a Clerk's office in the middle of the block on the east side of the spuare was given. This building was to be 14x16 feet and ten feet high, the joist being eight feet from the lower floor. A porch six feet wide was also to be built across the front. The specifications called for two doors and four win- dows of twelve lights each, and a good brick chimney. The records show that James Power was allowed $116.75 for construction, and Alex-
ander Hollingsworth and Mathias Mastin $14 and $15, respectively, for lathing and plastering.
This building was not completed before there was a demand for a more pretentions county building, and the question of a new court house was discussed at the May meeting of the Com- missioners in 1820, but definite action was post- poned until the June meeting. When the Com- missioners met on June 1. 1829. it was decided to erect a new brick court house, and Hart Fel- lows was appointed a Commissioner with full power to contract for the building and also to superintend its construction.
Mr. Fellows was apparently a man of action, for on July 1, 1829, the Board ratified a contract made with William McCreery to construct the foundation for a court house for $375. Later changes were probably made in the plans, for he was afterwards allowed $186 for his work. The brick work and enclosing were contracted for by Benjamin Chadsey, who was allowed $2,860; the inside finishing was done some time later by William Wright, James Hunter and John Brown, at a cost of STAD, which, with smaller items of expense. made the total cost of the building $3.735.
This court house stood in the center of the park and was a brick building measuring 42 feet square and without ornamentation or display. save for a modest cupola, but it served the needs of the county for more than fifty years, and was ever a monument to the good workmanship of those early pioncer builders.
With what was then regarded as a magnificent court house the County Commissioners desired to have the other county buildings in keeping and. on March 11. ISHT. it was decided to build a new jail. The building was designed to be 26x24 feet and two stories in height. The outside wall was to be of brick eight inches thick, with an inside wall of timber, ten inches thick, and each story ten feet in height. The plans called for a hall eight feet wide and sixteen feet in length, the jailor's room 18x15 feet and the kitchen 18x11. In addition to the cells for prisoners, there was also a debtor's room. The contract was awarded to Alexander Penny for $1,000 and the building was completed in January, 1535. Mr. Pomy had another contract to furnish locks for the building and make minor improvements, for which he was to receive $650. but there was a disagreement as to terms and he refused to sur-
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render the keys to the building. The matter was later amicably adjusted by arbitration.
Although this building had cost more than the court house, it was deemed unsafe for the con- finement of prisoners in 1855, and in July of the following year the Board of Supervisors adver- tised for proposals to construct a new county jail. On January 17, 1857, a contract was entered into between the county and Jeremiah Stumm, wherein he agreed to construct a stone jail, with iron doors and window grating. for the sum of $6.445. The jail was built according to contract from limestone quarried along the MeKee branch, and it served as a county hastile until 1902, when the present new jail was com- pleted, and the older building now does duty as a calaboose for the city of Rushville. In the construction of this building Mr. Stumm met with unforeseen misfortune and, on account of the bad condition of the roads, the stone cost him almost double what he had figured on, and when the building was at last completed and settlement made with the county, he was loser on the contract by some $700.
THE PRESENT COURT HOUSE .- Schuyler was now provided with county buildings that were to serve for the next twenty-five years, and not until 1877 was there any movement mnade to se- cure more moderu structures. In 1879 Edwin Anderson, Supervisor from Rushville Township. renewed the agitation for a new court house. but his motion before the Board was voted down. At the meeting of the Board in September, 1880, the motion was again renewed and this time received the sanction of a majority of the Board of Supervisors. It was at that meeting that the initial step was taken for the construction of our present handsome county building, by the adoption of a resolution which called for the construction of a court house to cost not more than $40,000. It was also decided to apportion this sum so that one-third the total amount would be levied on the taxable property of the county for the years 1880. 1SS1 and 1882. In the original resolution the location of the new court house was fixed on the site of the old one, in the center of the park; but on February 24. 1SS1, this action was rescinded and the site of the county building fixed on the southwest corner of the public square. To effect this change in location, it was necessary to expend $3,500 for a site, and of this sum the county paid one-half, the city of Rushville $1,000 and
the remaining $750 was contributed by public- spirited citizens. It was further provided that the county should lease the park in the center of the square to the city of Rushville.
In designing a plan for the new county build- ing the committee appointed for that purpose were most favorably impressed with the court house at Monroe, Mich., and decided to duplicate it; and, on December 17, 1SSO, the contract for construction was awarded to Thomas Keegan, of that city, for $36,000.
Work on the new court house began carly in the spring of the following year, and on June 24, 1881. the corner-stone was laid with imposing ceremony under the auspices of the Masonic fraternity. Deputy Grand Master DeWitt C. Cregier, of Chicago, was master of ceremonies and Hon. Carter H. Harrison, Sr., delivered the oration in commemoration of the event. The occasion was made a gala day for Rushville, and visitors from all parts of the State were enter- tained and feted.
DOCUMENTS AND OTHER ARTICLES DEPOSITED IN CORNIR-STONE .- The following is a list of docu- ments and other artieles deposited in the corner- stone of the Schuyler County Court House, at the time of formal beginning of work on the building in 1882:
Holy Bible.
Square and compass.
Copy of Revised New Testament.
Copy of Charter and By-Laws of Rushville Lodge, No. 9. A. F. & A. M.
History of Rushville Lodge No. 9, with a list of all officers and members siuce its organization in 1842.
History of Huntsville Lodge, No. 465, A. F. & A. M .. and Camden Lodge, No. GIS. A. F. & A. M .. with names of officers and members.
Names of State, County, Township aud City officers, Judges of the Supreme Court of the State. Judges of the Sixth Judicial Circuit, and names of all Circuit Judges who have ever pre- sided in the Circuit Court of Schuyler County.
List of attorneys practicing in Rushville at the present time (1882).
Draft of the First National Bank of Rushville on the National Bank of New York for $10.
Copies of county papers, containing proceed- ings of the Board of Supervisors relating to the building of the court house.
Copy of invitation addressed to citizens by
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HISTORY OF SCHUYLER COUNTY.
Building Committee, inviting them to be present at the laying of the corner-stone.
Copies of the Rushville Times and the Schuy- ler Citizen, of June 23. 1SS1.
Ilistory of the churches of Rushville.
History of Sehuyler County.
Plat of the public square of Rushville, show- ing location of all the buildings and names of present occupants.
Copy of the premium list of the twenty-fifth annual fair of the Selmyler County Agricultural Board.
Copy of tribute of respect to the memory of Josiah Parrott, Sr., deceased.
Copy of proceedings of the Grand Lodge of A. F. & A. M. of Illinois, for the year 1880.
A short sketch of the ceremony of laying the corner stone.
The erection of this county building was unu- sual in many respects. For one thing it was completed well within cost of the appropriation voted, and was paid for when finally completed. By the plan of providing for the tax-levy well in advance of construction, the tax payers had paid for the building ere they were aware. From the standpoint of architectural appearance, sub- stantial construction and convenient arrange- ment, the Schuyler County court house defies just criticism, and, considering the cost of eree- tion, is unsurpassed by any county building in the State.
COUNTY FARM AND POOR HOUSE .- The care of the needy and unfortunate was a charge that the County of Schuyler accepted soon after its organization, and one of the first acts of the County Commissioners was to appoint Riggs Pennington and Nathan Eels Overseers of the Poor. As occasion demanded. aid was extended by the county and the unfortunates were eared for in private families at public expense. When the Commissioners met in December, 1850, it was decided to levy a tax of one mill on every dollar of taxable property in the county and provide a sinking fund for the purchase of a county farm. In 1855 this fund amounted to $3.802,56 and, in March of that year, the Board of Supervisors purchased of John Micheltree the southeast quarter of Section 26 in Beuna Vista Township and plans were made for the county to assume the care of its indigent citizens. At this time there was a frame dwelling house on
the farm and two single log cabins, which were used for housing the inmates. The county farm was formally opened June 25, 1855, with Michael G. Sandeford as Superintendent. In 1869 the large brick building, which now serves as a res- idence for the Superintendent and lodging quar- tes for the female inmates, was erected at a cost of $12,000. Later improvements have since been made in the way of two cottages for men and the construction of barns and granaries. The area of the farm has also been increased from 160 to 310 acres, and it is so managed as to be practically self-supporting. J. R. Leary is now serving as Superintendent of the county farm at a yearly salary of $1,200, and in addition to the farm produce raised each year, he has been able to turn into the county a good revenue from the sale of hogs and cattle, which are fed and fat- toned there. The farm lies within a mile of Rushville and, with its present improvements, is conservatively valued at $25,000.
CHAPTER XIV.
COURTS OF SCHUYLER COUNTY.
SCHUYLER COUNTY ORGANIZED IN THE FORMATIVE PERIOD OF STATE HISTORY-TYPE OF EARLY JUDO- ES AND MEMBERS OF THE BAR-FIRST CIRCUIT COURT HELD IN CABIN OF SAMUEL TURNER AT THE ORIGINAL BEARDSTOWN IN NOVEMBER, 1825- JOHN YORK SAWYER FIRST PRESIDING JUDGE- PROMINENT ATTORNEYS PRESENT-LIST OF GRAND AND PETIT JURORS-SOME OF THE CASTS TRIED- A BARREL OF HONEY SERVES AS LAWYER'S FEE IN FIRST CASE-COURT CUSTOMS OF THOSE DAYS -- SOME REMINISCENCES OF SECOND COURT TERM- CHANGES MADE IN JUDICIAL, CIRCUIT --- LIST OF JUDGES WHO HAVE PRESIDED IN SCHUYLER COUNTY COURTS-JUDGE RICHARD M. YOUNG, STEPHEN A. DOUGLAS, T. LYLE DICKEY AND OTH- LRS-PROMINENT LAWYERS WHO HAVE PRACTICED AT SCHUYLER COUNTY BAR-PROBATE COURT AND JUDGES.
Schuyler County was organized and given a civil government while the State of Illinois was
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HISTORY OF SCHUYLER COUNTY.
yet in the formative period, and the early history of her courts brings out clearly the inevitable result of the experience and development of the legal profession in the State. In those early days the courts had few guiding precedents, save the fundamental principles of the English common law, which formed the basis of legal jurispru- dence. The statutes of the State were not then burdened by the numerous and conflicting acts of an over-zealous General Assembly, and each Judge was in a measure a law unto himself and unto his court, and in their decisions they marked the legal trail in the frontier State.
In reviewing the history of the Schuyler courts, it will be noted that many of the Judges and at- torneys, who played a conspicuous part in the early day, were men of strong personality, ver- satile scholars and profoundly versed in the law, and that they afterwards attained positions of distinction and honor in the State and nation.
It was the old custom for lawyers to accom- pany the court and cover almost the entire State in their practice. This brought to Rushville many of the brightest lights in the legal profession. and their names and memory are today familiar to every one. In those days there were no court stenographers, no printed forms, no legal digests, but the practicing lawyer had wider scope for personal effort, and many of these pioneer law- yers deservedly rose to high distinction.
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Four months after Schuyler County was or- ganized, the first circuit court was convened in the cabin'of Samuel Turner at Beardstown, the county-seat. This was on November 4, 1825, and Judge John York Sawyer was on the bench and John Turney was Attorney-General pro tem. Other lawyers present were James Turney, Jon- athan Il. Pugh, A. W. Cavarly and David Prickett.
One of the first acts of the County Commission- ers when they niet on July 7, 1525, was to select grand and petit juries for that term of court, and we find the following named gentlemen as- signed for that service:
Grand Jury-Abraham Carlock, Cornelius Van- deventer, Isaac Vandeventer, David E. Blair. JTezekiah M. Hobart, William Pennington, James Vance, Peter Perkins, Philip Spoonamore, Eph- raim Eggleston, Nathan Eels, Jesse Bartlett. James Il. Smith, Henry Green. George Green, Henry Green, Jr., John Green, John Ritchey, Martin L. Lindsey, James B. Atwood, James
Lammy. Amos Waddle, Charles Tracey and William Spoonamoore.
Petit Jury -- 1.yman Tracy, John Osburn, George Naught, David Wallace, Samuel Gooch, Riges Pennington, Willis O'Neal, George Stewart. William II. Taylor. Calvin Hobart. Asa Cook, Jonathan Reno and John B. Terry.
An indictment was returned against Orris Me- Cartney, Sheriff of the county, for selling lignor without a license, and he plead guilty and was tined $12 and costs. Samuel Gooch plead guilty to assault and was fined $5 and costs. In the case of the People vs. Bird Brewer, indicted for perjury, a jury was called, which was made up as follows: John B. Terry, Asa Cook, Benjamin Chadsey, John Orton, Jacob White, Willis O'Neal, Oliver Lund, George Stewart, James Lanmy, Ed- ward White, Lovin Green and Joseph Jackson. They returned a verdict of "not guilty." Mr. Brewer was defended in this case by A. W. Cav- arly and in lieu of a cash fee, he gave his attor- ney a barrel of honey.
Court etiquette was free and easy in those pioneer days, as may be imagined from the fol- lowing story told by Jonathan D. Manlove: "At the first term of the Schuyler County cirenit court, held near Pleasantview, where George L. Greer now resides, whilst Bird Brewer was having his trial. I saw Jonathan Reno present to James Turney, Esq .. a tin quart cup filled with whisky. Mr. Turney took a swig, handed it to the jury and they took a swigger; he then gave it to the Judge, he swiggled it: again the jury swiggled a second time and there was no more left to swig- ger." Mr. Manlove further states that court was held in a log cabin that measured 14x16 feet.
The second term of court was held October 12, 1826, Judge Sawyer presiding. Benjamin Cox was admitted as Chancellor. At this term the grand jury returned five indictments and Orris McCartney, Sheriff, was cited to appear at the next term of court to answer an indictment for slander. Ile was twice tried on this charge. the jury failing to agree.
Judge Sammel D. Lockwood presided at the terms of court held in 1827 and 1828, and Jona- thon H. Pugh was Prosecuting Attorney. The first divorce case in the county came before the court at the October term, when Stephen Oshorn asked to be divorced from his wife. Phebe Os- born, whom he charged with adultery. The case was proven most conclusively, as the officer who made the return of the service papers stated be
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HISTORY OF SCHUYLER COUNTY.
had served the same on MIrs. Phebe Toney, for- merly Mrs. Phebe Osborn, in Vermilion Comty.
David Wallace, who tigured prominently in the early court records as a litigant and defendant in criminal cases, was indieted at this term of court for sending a challenge to fight a duel. The case was tried twice and each thue the jury failed to agree.
The court records of those early days tell a wonderful story of the strenuous times of the pioneer settlers. The country was then sparsely settled, but indictments made by the Grand Jury outnumbered those of the present day and in- cluded every offense known to criminal law. The Grand Jury was looking for trouble in those days, and many of the most prominent pioneer settlers were called before the bar of justice. Even the court officers did not always escape, as was shown by the indictment of Sheriff McCartney and again, in 1826, when Hart Fellows was indicted for omission of duty. There does not appear to have been any basis for this charge, as the case was dismissed when presented to the court.
From 1825 until 1829 Schuyler County was in the First Judicial Circuit, but in January of the latter year there was a rearrangement of court circuits, and Schuyler was placed in the Fifth District. Richard M. Young was chosen by the General Assembly as Judge of this district, and he presided at the Schuyler courts until 1837. when he resigned to take his place in the United States Senate, where he served one term. He was afterwards one of the Supreme Court Judges of Illinois.
While counted a stickler for court etiquette and known as an austere and impassionate jurist, Judge Young gave free vent to his convivial tastes when among his associates, and his wit and good nature made him the natural leader among all classes of men. Many interesting stories are told of his escapades and eccentricities, but withal he seemed to have always held the confidence and respect of the people.
About this same time another person appeared as lawyer in the Schuyler Circuit Court, who was destined to achieve high distinction. Diminutive in size, and unassuming as an orator, he yet ex- hibited judgment and talent of promise. Ile was Thomas Ford. Prosecuting Attorney for Schuyler County, and afterwards Governor of Illinois.
There were intellectual giants pacticing in the courts of that early day, and among the lawyers who were regular attendants at the Schuyler
courts were : Abraham Lincoln, Stephen .1. Douglas, William A. Richardson, Orville H. Browning. P. II. Walker, Cyrus Walker. T. Lyle Mickey, E. D. Baker, William Minshall. Robert Blackwell and others who, later, wore at the head of the legal profession in the State and leaders in the two political parties.
When Richard M. Young retired from the bench of the Fifth Judicial Circuit James II. Ralston was commissioned to succeed him. In 1939 Peter Loft presided and he was followed in 1841 by Stephen A. Douglas, who served from 1841 to 1843. In the years from 1843 to 1849 Jesse B. Thomas. Richard M. Young, Norman II. Purple and David M. Woodson served as Judges of the Circuit Court. In 1849 William A. Minshall, then a resident of Rushville, was elected to the cir- cuit bench. He was succeeded in 1852 by P. H. Walker. also a resident of Rushville, who, in 1.558, was appointed by Governor Bissell to the Supreme bench of Illinois, He was elected the same year for the full nine year term, and served for more than a quarter of a century in the State's highest tribunal. T. Lyle Dickey, another resi- dont of Rushville and a practicing attorney in our courts in the 'thirties, was later elected to the Supreme Court from the Northern Illinois Dis- trict.
From 1SSS to 1561 John S. Bailey presided in the circuit courts of Sehmyler County, and he was succeeded by Chauncey L. Highee, who presided over every term of court held in Rushville for the next sixteen years, and whose record as a jurist is an illustrious one. Hle was first elected Cir- cuit Judge in 1561, and re-elected in 1867, 1873 and 1579, and continued on the bench until his death. which occurred at Pittsfield, December 7, 1×54.
In 1ST3 Schuyler County was placed in the Sixth Judicial District, and Chauncey L. Highee, Simeon P. Shope and John H. Williams were elected Judges. They were succeeded in 1885 by William Marsh, Charles J. Seutield and John C. Bagby. The last election held in the old Sixth Judicial District was in 1591, and Oscar P. Bon- noy, Jefferson Orr and Charles J. Scofield were chosen for a term of six years.
The General Assembly of 1996-97 made a new apportionment of the judicial districts and, while Schuyler remained in the Sixth District, there were many changes made. From this new dis- triet in 197 there were elected Harry Highee, Thomas N. Mehan and John C. Broady .. In 1903
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HISTORY OF SCHUYLER COUNTY.
Judges Higbee and Mehan were re-elected with Albert Ackers as their associate, and upon the death of Judge Meban in 1907, Guy Williams was elected to fill the vacancy.
In 1900 two additional terms of court were granted Schuyler County annually, and in June and December of each year the attention of the Judges is given to chancery cases exclusively, while the regular jury terms are held in April and October.
PROBATE AND COUNTY COURTS .- Hart Fellows, who held all the county offices of Schuyler County at one time or another by self-assertion and com- mon eensent, was the first Judge of Probate in Schuyler County, and he took the oath of office before Judge Sawyer of the Circuit Court at the October term, 1826. The first record of business in his court begins with July 28, 1827, when "in pursuance of the statute in such cases made and provided," a court of probate was begun and held at Rushville in and for the county of Schuy- ler. At this session the first business transacted was the appointment of a guardian for Anderson Walker, and the court appointed John Thompson to aet as such.
The first estate settled in probate was that of Solomon Stanberry and the appraisement showed personal property to the amount of $159.75. The first will recorded was that of Roswell B. Fenner, which was admitted to probate December 14, 1832.
Henry B. Bertholf succeeded Hart Fellows as Probate Judge and served from 1833 to 1537. IIe in turn was succeeded by Adam Dunlap, who served until 1817. and James L. Anderson, whose terin of office was from 1847 to 1849. These two later judges were known as Probate Justices of the Peace. By the adoption of the new State Con- stitution. and ou the organization of the County Court, the County Judge was given jurisdiction of probate matters. William Ellis' term of serv- ice was 1819-1857; DeWitt C. Johnston. 1.557- 1861 : James L. Anderson, 1861-1865; Ephraim J. Pemberton, 1865-1SS2; Jolin C. Bagby, 1882-1986 ; S. B. Montgomery, 1SSG-1890; H. C. Schultz, 1800-1804; D. L. Mourning, 1804-1SOS; Herschel V. Teel, 1828-1906; William II. Dieterich, 1906 to the present time.
CHAPTER XV.
POLITICS AND PUBLIC OFFICERS.
EARLY POLITICS IN ILLINOIS-FORMATION OF NEW POLITICAL PARTIES-SENTIMENT IN SCHUYLER COUNTY FAVORABLE TO GEN. JACKSON IN 182S- WHIGS CARRY THE COUNTY IN 1S40 AND 1848 -- BIRTH OF THE "KNOW NOTHING" PARTY-ORGAN- IZERS OF REPUBLICAN PARTY IN SCHUYLER COUNTY-SENATORIAL CAMPAIGN OF 185S-LIN- COLN'S VISIT 10 RUSHVILLE-PRESIDENTIAL VOTE FROM 1560 TO 1904 -- CONGRESSIONAL REPRESENT. ATIVES-STATE SENATORS AND REPRESENTATIVES -DELEGATES WHO HAVE REPRESENTED SCHUYLER COUNTY IN CONSTITUTIONAL CONVENTIONS- COUNTY OFFICERS FROM 1823 TO 1906.
When Illinois was admitted as a State in the Union James Monroe was serving his first term as President, and his re-election in 1820 created no partisan strife among the homogeneous class that made up the population of our then frontier State. Little interest was taken in the principles of the old Federalist and Republican parties, and with national issues eliminated, we find that in State affairs men and not measures were the dominating force.
Events were shaping themselves, however, to bring Illinois into the vortex of political strife, and the election of John Quincy Adams to the presidency, in 1824, marked the beginning of par- tisan politics in Illinois as clearly as though it had been brought about by legislative enactment. In that memorable contest for the presideney Andrew Jackson, Henry Clay and William H. Crawford were candidates opposed to Adams. In the election none of the candidtes received the required number of votes to elect (i. e., a major- ity in the Electoral College), and the matter went to the House of Representatives where John Quincy Adams was chosen President.
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