USA > Illinois > Cass County > Historical encyclopedia of Illinois and history of Cass County, Volume II > Part 16
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MANY BIOGRAPHIES OF LINCOLN RELATE THIS TRIAL.
Several writers of the "Life of Lincoln" have incorporated the Duff Armstrong trial in their volume. In Barret's "Life of Lincoln" referring to this trial, the author says that Allen testified to the exact position of the moon, then says : "At this point Mr. Lincoln produced an almanac which showed that at the time referred to by the witness there was no moon at all, and showed it to the jury." Mr. Herndon in his "Life of Lincoln" also gives an account of the trial, and says, "Lincoln floored the principal witness for the prosecution, who had testified positively to seeing the fatal blow struck in the moonlight, by showing from an almanac that the moon had set."
ANOTHER ALMANAC STORY.
One of the stories about the almanac early in circulation, was that Mr. Lincoln, on the ad- journment of court for the day, took an almanac of the date 1853 and changed the figures throughout so that it read 1857. That there was an adjournment for the day before the trial closed is refuted by the record as given above. Furthermore, the opportunity for certain detec- tion of such a fraud was so great, and had it been detected it would have proven disastrous, and resulted in the certain conviction of the defendant, and in everlasting disgrace to Mr. Lincoln and his associate counsel, even if it could be believed for a moment that either or all of the counsel would have been guilty of the attempt to perpetrate such a fraud. The firm of Walker & Lacey had been employed to defend the case, and both members of the firm were present at the trial. The firm was composed of William Walker, a reputable and highly respected attorney of the Mason County bar, and Lyman Lacey, who was one of the young men above reproach. He subsequently became circuit judge of the district of which Cass County formed a part, and served as such judge for a period of twenty-four years. He was also for many years judge of the Appellate court of this state. Mr. Lincoln was at that time, next to Senator Douglas, the most conspicuous figure in Illinois. It was fully expected that the Re- publican convention which was to be held at Springfield on June 16, would nominate him as its candidate for United States senator, which
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HISTORY OF CASS COUNTY
it did. It is incomprehensible that snch men should be accused of engaging in a work of frand of that character, and more especially when it would have been wholly nnnecessary. The wit- ness. Allen, had testified and emphasized the statement by repeating it, that the moon was right np overhead. It is a well known fact that the moon in the summer months "runs low," that is, it does not rise high above the horizon in latitnde 40, north. All the almanacs for the year 1857, which give the phases and the honr of the rising and setting of the moon, show that on the night of Angnst 29, of that year, the moon set at 12:05.
ASTRONOMER TESTIFIES.
For additional proof of the position of the moon on that date, J. N. Gridley who was pre- paring an article on the subject for the jonrnal of the Illinois State Historical Society, wrote the director of the conservatory at Urbana, Ill., who replied thereto as follows: "The time of moon- set was within fifteen minntes of midnight, but to give this closer. I would have to know the exact locality for which to compnte." In answer to a second letter furnishing the desired informa- tion, the director replied: "I computed the time of moonset for longitude 90 degrees west of Greenwich, the latitude 40 degrees. For August 29, 1857, I find the moonset at 12 h. 05 m., i. e., five minutes after midnight of Angnst 29."
On Angnst 30. 1914, the moon set at 12 h. m. the 29th falling on Saturday, as it did in 1857. For all practical purposes of observing the position of the moon between the honrs of 10 o'clock P. M., and 12 o'clock P. M., the moon on August 30 this year was the same as it was on August 29 and 30, 1857. The writer in com- pany with others observed the position of the moon on the night of August 30, 1914, and found it low above the horizon from 10 o'clock. P. M., and of course getting lower until it set at 12 M. From all the above it is evident the moon was not in the position in the sky where the witness Allen had sworn that it was. To refute the statements of the witness Allen, and to dis- credit his testimony before the jury, Mr. Lincoln produced the almanac to show the real position of the moon. It was so understood at the tinie, and no other view was taken nntil years after- wards when some irresponsible degenerate person wished to smirch the character of Abra-
ham Lincoln, and call into question his honesty and integrity. John T. Brady, the last survivor of the jurors who tried Armstrong, writing to his friend J. N. Gridley of Virginia, in 1909, says of this part of the trial.
"I am satisfied the jnry thonght Allen was telling the truth. I know that he impressed me that way, but his evidence with reference to the moon was so far from the facts that it de- stroyed his evidence with the jury. The almanac that was produced was examined closely by the conrt and the attorneys for the state, and the almanac showed that the moon at that time was going ont of sight, setting; and the almanac was allowed to be nsed as evidence by Jndge Harriott." Mr. Brady further says. speaking of the deliberations of the jnry: "We were out less than an hour ; only one ballot was taken, and that was unanimons for acquittal."
The discrediting of the principal witness for the prosecution, and the eloquent address to the jury by Abraham Lincoln, caused them to make short work of the case. and it would have been long since forgotten. and gone into ntter oblivion if it had not been for the subsequent fame of the chief connsel for the defense.
TABLET PLACED ON COURT HOUSE.
The old courthonse in which the trial was held is vet standing in excellent condition, and is used as the city hall for Beardstown, and also for the city conrt, recently established in that city. In 1909 the Woman's Club of Beards- town placed on the walls of the building a tablet reading :
"The Beardstown Woman's Club" erected this tablet, February 12, 1909.
"In memory of Abraham Lincoln, who, for the sake of a mother in distress, cleared her son, Dnff Armstrong, of the charge of murder in this Hall of Justice, May 7, 185S."
Duff (or William) Armstrong enlisted for service in the Civil war, and served until 1862, when, being seriously sick in a hospital, his mother wrote President Lincoln, who sent an order for his discharge. He was an honorable citizen of Cass County and lived a sober, indns- trious life. dying at Ashlannd, this county, May 5, 1899. The brother. A. P. Armstrong, who wit- nessed the assanlt, and was present at the trial of both Norris and his brother William, is still living at Ashland.
Judge Harriott continued to hold the Cass
THE OLD I. M. STRIBLING HOMESTEAD
- -
M. E. CHURCH, VIRGINIA, DESTROYED BY A CYCLONE NOVEMBER 11, 1911
VIRGINIA HIGH SCHOOL BUILDING Erected on the Site of the Old Col- lege, 1893. Destroyed by Fire in Janu- ary. 1912.
HIGH SCHOOL. VIRGINIA Built in 1913-14 on the Site of the Building Destroyed by Fire in 1912
VIRGINIA PRIMARY SCHOOL Remodeled From Old Court House Building in 1911
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HISTORY OF CASS COUNTY
County circuit as judge of the Twenty-first Ju- dicial Circuit until 1867, when he was succeeded by Hon. Charles Turner, who held the court until the change was made under the constitu- tion of 1870. By act of legislature March 28, 1873, the General Assembly . divided the state, exclusive of Cook County, into twenty-six judicial circuits, in which a judge for each cir- cuit was elected, June 2, 1873, for a term of six years. Cass County was a part of the Eighteenth Circuit, and Hon. Cyrus Epler was elected judge. Cyrus Epler was a son of John and Sarah (Beggs) Epler. Mrs. Epler was the second daughter of Captain Charles Beggs, one of the early pioneers of Cass County. John Epler settled on a farm near Princeton, in what is now the southern part of Cass County, with his wife and four children, the oldest of whom was Cyrus, who was born in the Indiana home, November 12, 1823. Cyrus Epler had been a practicing lawyer for some years in the city of Jacksonville, when he was elected to the bench as judge of the Eighteenth circuit. He was continuously elected and served as judge of the Cass circuit as long as Cass County was asso- ciated with Morgan County in the various cir- cuits which were formed in and under acts of legislature redistricting the state. The act of 1897 placed Morgan and Cass counties in sepa- rate districts and ended the successful career of Judge Epler of a quarter of a century as a cir- cuit judge.
CIRCUIT JUDGES.
By act of 1877 thirteen circuits exclusive of Cook County, were formed and provision made for the election of three judges for each dis- trict. Cass County was a part of the Seventh circuit and we had as judges, Hon. Cyrus Epler, Hon. Lyman Lacy of Havana, and Hon. Albert C. Burr of Carrolton. Judge Burr died while in office and was succeeded by Hon. George W. Herdman of Jersyville. These judges served until 1897, when under the apportionment of that year Cass became a part of the Eighth cir- cuit in which it has remained ever since. The three judges elected for this district or circuit at the regular election, June 18, 1897, were John C. Broady of Quincy, Harry Higbee of Pittsfield, and Thomas N. Mehan of Mason City. They served for a term of six years when Judge Broady was succeeded by Hon. Albert Akers of Quincy, the other two being re-
elected. Judge Mehan, however, survived only the half of his term. He held the October terin, 1906, of the Cass County court, but retired to his home in Mason City, a very sick man, and his illness terminated in his death on November 8, 1906. At the special election held Decem- ber 29, 1906, Guy R. Williams of Havana was elected to fill the vacancy caused by the decease of Judge Mehan. Judge Williams has the dis- tinction of being the youngest circuit judge in the state, being but thirty-five years of age when elected. At the next regular election held in June, 1909, he was re-elected for a full term of six years together with Judge Higbee and Judge Akers, and they are the present incumbents. Judge Higbee has also served during the entire time for which he was elected judge of this circuit, as judge of the Appellate court of the Second and Fourth districts successively. Not- withstanding the various changes in the judicial system and the several re-apportionments, since Cass County's organization, we have been favored with excellent judges. They have been very capable men, honorable and upright, learned in their profession, and conscientious in the discharge of their duties.
When the permanent location of the county seat of Cass County was determined, the Circuit court once more convened at Virginia, in the present courthouse, the third Monday of August, or on August 16, 1875.
The county courts were, by the constitution of 1870, made courts of record, and entirely separated from the business affairs of the coun- ty. They have original jurisdiction of all mat- ters in probate and the settlement of estates, appointment of guardians and conservators, and in matters relating to apprentices and for the collection of taxes and assessments, and such other jurisdiction as the legislature may provide. The legislature has seen fit to confer upon the County court, jurisdiction of many matters and subjects until the volume of business in those courts has equaled and often exceeded annually the business of the Circuit court.
COUNTY COURT JUDGES.
The County court has been presided over since 1873. when the first election for judge of the court was held. by the following persons: John W. Savage. 1873 to 1877; Jacob W. Rearick, 1877 to 1882; Darius N. Walker, 1882 to 1890; Henry Phillips, 1890 to 1898; John F. Robinson,
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HISTORY OF CASS COUNTY
1898 to 1902; Darius N. Walker, 1902 to 1910; Charles E. Martin, 1910 to 1914. Judge Martin was re-elected November 3, 1914, for another term of four years.
BEARDSTOWN CITY COURT.
An election was held in the city of Beards- town, April 18, 1911, upon the question whether or not a city court should be established for that city. The proposition to establish the court was carried by a large majority, and on June 8, following, an election was held for judge and clerk. Hon. J. Joseph Cooke was elected judge and John Listman was elected clerk. The court was formally opened November 6, A. D. 1911. The regular sessions thercafter were established by order of the judge in accordance with the provisions of the law relating to city courts.
The names of attorneys who have resided in Cass County and practiced at the bar of the various courts, in so far as they can be ascer- tained, have been as follows: Henry E. Dum- mer, J. Henry Shaw, Garland Pollard, Sylvester Emmons, Henry Phillips, Thomas H. Carter, Richard S. Thomas, Mark W. Delaha, Charles E. Wyman, Richard W. Mills, James Norman Gridley, Cassius W. Whitney, Charles M. Tinney, Arthur A. Leeper, Linus C. Chandler, George L. Warlow, William H. Thacker, George W. Martin, Richard Wade, Benjamin F. Thacker, Reuben R. Hewitt, Charles Æ. Martin, Benja- min F. Scudder, Rollo I. Woods, Milton McClure, Charles A. Schaeffer, Charles A. Gridley, Wil- liam Jones, J. Joseph Cooke, I. H. Stanley, A. T. Lucas, J. J. Nicger. William T. Gordley, Wil- liam H. Dieterich, Lloyd M. McClure, Leonard W. Felker, Harry F. Downing, H. F. Kors, and J. Edward Clifford.
STATE'S ATTORNEYS.
The constitution of 1870 also abolished the district attorney and provided that at the elec- tion for members of the General Assembly in the year A. D. 1872, there should be elected in each county a state's attorney, whose term of office should be four years. Under that provision of the law, Cass County in 1872, elected Linus C. Chandler to the office of state's attorney, and he served onc term of four years, when he was succeeded by Arthur A. Leeper, elected in November, 1876. He also served one term;
Reuben R. Hewitt, elected in November, 1880, succeeded and served for four successive terms, or a period of sixteen years. He declined fur- ther nomination, and was succeeded by Charles A. Schaeffer, elected in 1896, who served for one term. In November, 1900, Charles A. Grid- ley was elected to this office and served until 1908, a period of two terms, when he in turn was succeeded by A. T. Lucas, elected in 1908, and re-elected in 1912, who is the present incumbent, his term not expiring until 1916.
CHAPTER XII.
POLITICAL REPRESENTATION.
THE TENTH GENERAL ASSEMBLY-REPRESENTATIVES AND SENATORS FROM MORGAN COUNTY-DISTIN- GUISHED PUBLIC MEN-CREATION OF
CASS COUNTY-SPECIAL ELECTION FOR REPRESENTA- TIVE-CAPTAIN THOMAS WILBOURN-SECOND SES- SION TENTH ASSEMBLY-RETURNS OF BEARDS- TOWN ELECTION REFERRED TO COMMITTEE ON ELECTIONS - SHIELD'S REPORT - CHALLENGES ABRAHAM LINCOLN-WILBOURN REJECTED-ELEC- TION OF 1838-WHIGS IN CONTROL IN CASS COUNTY-DEMOCRATS ELECT CARLIN GOVERNOR- JOHN T. STUART BEATS STEPHEN A. DOUGLAS FOR CONGRESS-WILLIAM HOLMES ELECTED REPRE- SENTATIVE FROM CASS-CAMPAIGN OF 1840- CAPTAIN CHARLES BEGGS-BIOGRAPHY OF A USE- FUL LEGISLATOR-COUNTY COMMISSIONERS ADOPT PRICE SCHEDULE-DEMOCRATS CARRY STATE FOR VAN BUREN-ELECTION OF 1842-COUNTY SEAT LOCATED-ELECTION OF 1841-A CASS COUNTY PATRIOT-CONSTITUTIONAL CONVENTION-MOR- MON TROUBLE-GOVERNOR FORD'S CALL FOR MILITIA-ABRAHAM LINCOLN DEFEATS PETER CARTWRIGIIT FOR CONGRESS-CONSTITUTION OF 184S-BIOGRAPHY OF JUDGE HENRY E. DUMMER, ELECTED CASS COUNTY DELEGATE TO CONSTITU- TIONAL CONVENTION.
THE TENTII GENERAL ASSEMBLY.
The Tenth General Assembly of the state of Illinois convened at Vandalia, the state capital at that time, in its first session December 25,
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HISTORY OF CASS COUNTY
1836, and adjourned March 6, 1837. The mem- bers of the assembly were elected at the regular election for state officers on the first Monday of August, 1836. Morgan County then included the present county of Scott and the present county of Cass, and was represented in the legislature by William Thomas, William Weatherford and William O'Rear in the senate, and Newton Cloud, Stephen A. Douglas, Richard S. Walker, W. W. Happy, John J. Hardin, Joseph Morton, and John Wyatt in the house. Mr. Wyatt suc- ceeded Stephen A. Douglas, who had resigned after the first session. This was a larger dele- gation than any county had in the state, except Sangamon County, which had an equal represen- tation with Morgan County. The members rep- resenting Morgan County were able men, capable of looking after the interests of their constitu- ents, and the general welfare of the state. Four of them became distinguished later in the affairs of the state and nation. William Thomas be- came a circuit judge and held court several terms in Cass County. Newton Cloud was elected a delegate to the State Constitutional Convention of 1848, and was chosen as its per- manent president. John J. Hardin was elected to the Twentieth Congress in 1843, and also be- came distinguished in the military service in the Mexican war, as colonel of the First Illi- nois Volunteer Infantry. He was killed at the battle of Buena Vista, February 23, 1847. Prior to his entering upon his service in the Mexican war, he had been a brigadier general in charge of state troops in the Mormon war, when the rendezvous of the army was at Beardstown. Stephen A. Douglas became of such national importance that no extended mention of him is necessary in this place.
CREATION OF CASS COUNTY.
Party lines had been pretty sharply drawn in the general election for president, and for mem- l'ers of congress. President Jackson was just closing his second term of office, and on account of his attitude towards the National Bank, and his frequent use of the veto power, had brought the Democratic party into considerable unpopu- larity, so that although the party carried the state for Martin Van Buren over the Whig can- didate, it was by a majority of less than 3,000. On account of the agitation on the part of a number of citizens of the northern part of Mor- gan County for the creation of a new county
to be cut off from that part of Morgan County, considerable interest had been manifested in the election of members of the Tenth General Assembly, which it was hoped would take up that question on petitions presented for that purpose. Many important questions came before that session of the legislature, not least among them being that of the removal of the state capital from Vandalia. Notwithstanding the many and varied questions presented and acted upon, that legislature three days before ad- journment, did pass an act for the creation of a new county to which was given the name Cass, but its boundaries as prescribed by the bill were not satisfactory to its promoters. The propo- sition had yet to be voted upon by the people of Morgan County before the county could be established, but the vote was taken and the measure carried. Several sections of the act creating the new county were ambiguous, es- pecially those concerning the location of the county seat, and the one relative to represen- tation in the state legislature. Citizens of Beardstown, believing that under the act passed and ratified, Cass County was entitled to a rep- resentative, immediately called an election, which was held July 1, 1837, which resulted in the election of Capt. Thomas Wilbourn, of Beardstown.
A second session of the Tenth assembly, con- vened July 10, 1837, at which time the return and poll books of the Beardstown election were presented by Hon. Richard S. Walker, a repre- sentative from Morgan County, who moved to lay them on the table. The Hon. William A. Richardson of Schuyler County, a friend of Captain Wilbourn, and of the new county of Cass, came to the rescue and moved that the poll book and return be referred to the committee on elections, which was done. No record of this election can be found except in the House journal under date of July 12. 1837, in which ap- pears the following :
"Mr. Shields from the committee on elections to which had been referred the poll book and return of an election for representative in the legislature from the county of Cass reported, that the county of Cass was formed out of the county of Morgan by an act passed during the last session of the general assembly, and organ- ized according to the provisions of the same; that at an election held at Beardstown, in said county, on the first day of July last, Thomas Wilbourn was elected to represent said county in
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HISTORY OF CASS COUNTY
the legislature of this state. By referring to the seveuth section of the act above mentioned, the only sectiou bearing directly upon the subject, we find the following provisions : 'In case said county of Cass shall be created under the provi- sions of this act. theu, uutil the next appor- tionment of senators aud representatives iu the general assembly, the said county shall be en- titled to one representative to the general as sembly, and shall at the next election rote with the county of Morgan for one senator, and the county of Morgan shall be entitled to five repre- sentatives and two senators.' By the last ap- portionment the county of Morgan was entitled to six representatives aud three senators, and it is clear that whatever disposition its citizens may choose to make of their county, and into whatever number of distinct counties they may choose to partition its territory they cannot expect to increase their proportion of represen- tatiou until the next general apportionment, whatever quantum therefore of representation is given to Cass must be deducted from Mor- gan. It then remains to consider. whether the new couuty was entitled to elect its own repre- sentative at the time above stated, and then sup- ply the place of the member of the Morgan dele- gation who had previously resigned. The act above referred to was approved the third of March last, and provides that Cass shall be entitled to one representative, and shall at the next election vote with the county of Morgan for one senator. This evidently means the next general election ; that contemplated by the sec- ond article of our state constitution, and could bear no reference to a special election for a specific purpose, such as that which has lately occurred iu Morgan County to fill the vacancy occasioned by the resiguation of one of its mem- bers, Stephen A. Douglas. This appears still more obvious if we consider that had no vacancy occurred this question could not have arisen and the representative who had been elected to fill such vacancy stands upon the same ground occupied by his precedessor previous to his resig- nation. Besides, the members of the present delegation from the county of Morgan were not elected by the present couuty of Morgan, but by the counties of Morgan and Cass; thus the citizens of the new county of Cass cannot justly complain that they are left unrepresented. Your committee, therefore. unanimously con- clude that the new county of Cass is not entitled to a separate representative, aud that the elec-
tion held as above stated was wholly null and void."
CHALLENGES ABRAHAM LINCOLN.
General Shields, who made the above report, which is little less ambiguous than the act of the legislature which it purports to construe, was the member from Randolph County, and afterwards became distinguished as a soldier in the Mexican war. He was commissioned by President Polk, a brigadier general of volunteers. Prior to his appointment, Mr. Shields in 1842, challenged Abraham Lincoln to fight a duel. While the whole matter was ludicrous and farcical iu the extreme, yet the affair went so far that both parties and their seconds went to Alton, Ill., aud from there .by small row boats across to an island in the Mississippi River, where, before the actual fighting began, mutual friends arrived aud the difficulty was amicably adjusted. Geueral Shields had the unique dis- tinction of being elected United States senator from three different states. First from Illinois, being elected in 1849, defeating Senator Sidney Breese ; then in 1855, having moved in the iuter- val to Minnesota, he was there elected for a Jear to fill a vacancy. His third election was by the legislature of Missouri, to which he had gone during the Civil war, after having resigned a generalship, and retired from the military service. In 1878 he was elected to fill the un- expired term of Senator Bogy, deceased.
Until the year 1837, there had been no con- veution system for the nomination of candidates for public office, and even then it was thought to be necessary to have a nominating convention for state officers only. The election in the county of Cass for its first county officers, was not conducted on party liues, and the men elected to office were about equally divided politically between the two parties, Democratic and Whig. In December, 1837, the Democrats of Illinois held their first state convention at Vandalia, the state capital, and Col. James W. Stephenson of Galeua, was nominated for goveruor; John S. Hacker for lieutenant-governor, but on it being discovered later that Colouel Stephenson was a defaulter of moneys as receiver of the land office, the same delegates again met at Vandalia the next June, aud substituted Thomas Carlin for governor in place of Stephenson. and Stinson H. Anderson in place of Hacker for lieutenant-gor- eruor. It was generally conceded that Cyrus
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