Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 12

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Currey, J. Seymour (Josiah Seymour), 1844-1928. 4n; Scofield, Charles J. (Charles Josiah), 1853- 4n
Publication date: 1921
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1174


USA > Illinois > Hancock County > Historical encyclopedia of Illinois and history of Hancock County, Volume II > Part 12


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At each of the four terms above referred to,


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HISTORY OF HANCOCK COUNTY


the Hon. Richard M. Young was the presiding judge, Thomas Ford was state's attorney, Wes- ley Williams was clerk, and Edson Whitney was sheriff.


The April term, 1834, was the first term of circuit court held in the log-cabin courthouse at Carthage. As has been seen, this courthouse contained but one room, and that a small one. The room was probably as large, however, as the room in which court was held at the house once occupied by Mason Bedell in Montebello. Lack of sufficient room wrought more or less of inconvenience in the business of the court. It was important to have a room for the grand jury, consisting of twenty-three persons. Upon the trial of a cause by a petit jury, it was necessary to have a place for the deliberations of the jury, and in felonies it was necessary to keep the jury together and apart from others between the sessions of the court. The jurors, between sessions, may have been left in the courtroom, or they may have been herded in the open air if the weather was favorable, or they may have been made to suffer their tempo- rary incarceration in a business room, or at some bug-ridden hotel. It is interesting to spec- ulate upon these questions of which we have no certain information. It would be interesting also to have some information as to the per- sonality of the judge and of the court officials, and of their habits, and to know how the judge passed his time between the sessions of the court, and to know what lawyers were in at- tendance, and how the judge and jurors were dressed, and where they boarded, and what they had to eat, and all that, but these mat- ters must be left to the imagination of the reader, who will have to dress those men and assign them characteristics, in accordance with his fancy.


PERMANENT COURTHOUSE OF 1839


The population of the county increased con- siderably during the seven years following the independent organization of it in 1829, and it became manifest that the temporary court- house would be insufficient for the county ad- ministration. Offices were needed for the clerk of the Circuit Court, for the clerk of the County Commissioners Court, for the treasurer, and for the sheriff, and a court-room was required for the sessions of the courts and grand jury and


petit jury rooms were desirable, if not indis- pensable. And so on March 10, 1836, the County Commissioners' Court passed an order, which is as follows :


"Ordered that Michael Rickard, Sydney H. Little, and John F. Charles be appointed a com- mittee to adopt a plan, select a spot, and pro- ceed, as they in their discretion may judge ad- visable, to let out and contract for the building of a court (house) in Carthage, and that the said committee be authorized in advertising for plans to offer a premium of $20 to the person furnishing the plan that shall be adopted."


On June 7, 1836, another order was passed, as follows :


"Ordered that Michael Rickard, Sydney H. Little, and John F. Charles be authorized and empowered to draw orders upon the county treasurer for any moneys therein which are not otherwise appropriated, to meet any con- tracts which they may make for and on behalf of the county relative to the building of a court- house in Carthage."


It seems that there was delay in the action of this committee, for on March 25, 1837, no action having been reported, and one of the members of the committee having resigned, the following order was made:


"Sydney H. Little who was heretofore ap- pointed an agent to superintend the building a courthouse in Carthage, having resigned said appointment, Walter Bagby is appointed agent in the place of said Little resigned."


Another resignation necessitated the appoint- ing of another committeeman, the order for which was passed on Sept. 7, 1837, and is as follows :


"Walter Bagby who was heretofore appointed an agent to superintend the building of the courthouse in Carthage, having resigned his agency thereof, it is hereby ordered that Homer Brown be agent in his stead."


The work of the committee must have prog- ressed as far as the letting of the contract, and part of the work under the contract must have been done by March 10, 1838, for on that date the County Commissioners Court passed the following order :


"It is ordered that the sum of $17,000 be al- lowed to Moses Stevens in part payment of money due him on his contract for building the courthouse $600 of said amount to be bor- rowed from the road fund of this county and $200 thereof out of the ordinary county fund."


FIRST COURT HOUSE, CARTHAGE. BUILT IN 1833


SECOND COURT HOUSE, CARTHAGE. BUILT IN 1838-9 Fire-proof Wing Built, Main Building Repaired and Raised in 1867-8


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HISTORY OF HANCOCK COUNTY


A notation on the record at the bottom of the last order of the board is as follows :


"April 9th, 1838, Taken out by Moses Stevens."


On the same day, March 10, 1838, another order was passed, which is as follows :


"It is ordered that Norton Jacobs, Elisha Worrell and Jacob Spaulding be appointed a committee on the part of this county to inspect the courthouse now being built in Carthage and report their opinion of the manner in which the work upon said building has been done at the next term of this court."


At the time of this order the work was in progress, but not completed. The committee ap- pointed to inspect the courthouse reported to the County Commissioners Court on April 4, 1838, but the report is not contained in the record.


Moses Stevens, the contractor, was a brother of Joseph Stevens, who came to Hancock County in 1833, and secured government land in Chili Township, about twelve miles due south of Car- thage. In the Portrait and Biographical Record of Hancock, McDonough and Henderson Coun- ties, published in 1894 by the Lake City Pub- lishing Company, appears a paragraph concern- ing Joseph Stevens and Moses Stevens, which may be appropriately quoted in this connection.


"He (Joseph Stevens) established the stage- house at Chili for the accommodation of the public, and, securing the control of the line, continued to run stages between Macomb and Quincy for some years. His place was noted for its cheerful hospitality, and its most popular and companionable landlord became a favorite with all who went his way. He died on the old homestead in 1846, at the age of forty-six. His widow survived him about seventeen years, her death occurring in 1863. Carthage had just been chosen the county seat when he lo- cated here, and he was present at the first sale of town lots, which occurred in 1832. He was an anti-Mormon, and was called to aid in sup- pressing that sect. Not long after he located in this county, he was joined by his brother, Moses Stevens, who also secured Government land. He was a contractor, and erected the courthouse which is still standing. He com- pleted the building in 1839, and soon after- wards went to Iowa. In 1850, he went to Cali-


fornia, where his death occurred the same year."


Afterwards John F. Charles, a member of the committee, resigned, and on June 8, 1838, the County Commissioners' Court appointed Walter Bagby, a member of the committee, to superintend the building of the courthouse, to fill the vacancy resulting from the resignation of John F. Charles, and on the same day Michael Richard was allowed $35 for services rendered as a member of the building com- mittee.


On Dec. 5, 1838, eleven orders (amounting in all to $2,000) were allowed Moses Stevens in part payment of the contract price for the erection of the courthouse.


This made $3,700 in all which had been allowed Moses Stevens on his contract. In the allowance of the eleven orders amounting to $2,000, it is stated that these are "in part payment of the contract price." Whether this means that the $1,700 allowed the preceding March was the other part, and the $3,700 full payment, or that something else yet remained to be paid on the contract, does not appear. The sum of $3,700 would be a mere beginning in these days of high prices of labor and ma- terial.


Presumably the courthouse had been com- pleted by June 7, 1839, for on that day, the county board passed the following order :


"It is ordered that Moses Stevens, contrac- tor for building the Hancock County court- house, be released from the said contract by the clerk of this court on his signing a release on his part to the county on the said instru- ment, and it is further ordered that the said courthouse be now and hereafter in the care and charge of the sheriff of this court."


It is safe to assume, therefore, that the per- manent courthouse was completed and ready for use on or about June 7, 1839.


The next thing in order was a well, which was needed to furnish a suitable liquid for the dilution of the more fiery beverages which were freely imbibed by some of the court attendants of that day, and so, on June 27, 1840, the following order with reference to a well was passed by the County Commissioners' Court :


"Ordered that John P. Haggard and Samuel Marshall be appointed agents, to have a well dug, walled up, cribbed and enclosed near the


.


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HISTORY OF HANCOCK COUNTY


courthouse and to have it furnished with a good substantial well-bucket and chain."


(This well cost $100 as figured from the rec- ords of Sept. 9, 1841.)


Further equipment being necessary, it was ordered by the County Commissioners' Court on Dec. 8, 1840, that C. B. & M. B. Street be allowed the sum of $2.81 for putty, candle- sticks and a Norfolk latch for the courthouse.


Evidently the courthouse was not then equipped with electric lights or with illumi- nating gas. There may have been an ample supply of "gas" of another kind.


The courthouse thus erected did not have the wing or fireproof rooms on the east shown in the illustration of the 1839 courthouse con- tained in this volume. The editor remembers the building very well indeed as it was prior to the building of the extension on the east and the raising of the roof of the old build- ing, inasmuch as when a small boy, from 1864 to 1866, he attended church services and Sun- day school in the courtroom of this building.


With the courtroom itself the editor was in- deed well acquainted, but the jury rooms and the offices below were terra incognita to him as a little boy, as he passed them with fear and ·trembling, not knowing what sort of in- struments of terror were contained therein.


The courthouse was probably about fifty feet square. It was a two-story brick building. On the first floor there were four rooms, one in each of the corners, leaving sufficient room for two halls, one running north and south, the other east and west, so that the building could be entered through the door at the middle of either side. The halls were of gen- erous width, and there was considerable space at their intersection. The entrance to each of the four rooms was by a door leading from the east and west hall, near the intersection. of the two halls. Each of the rooms was well lighted with windows. These rooms were used for the offices of court and county officials.


Entering the building from the south and passing north to the intersection of the two halls, one came to the foot of a stairway on each side of the hall, which ascended from the south line of the intersection of the halls toward a platform on the south end of the hall above the south entrance-door, where the two stairways met, and thence the passage was up a stairway of a few steps toward the


north to the level of the second story, where there were doors giving entrance to the court- room.


The courtroom embraced the whole of the second story except the hall and stairway leading to the courtroom and two jury rooms, one in the southeast corner and the other in the southwest corner, entered by doors opening from the courtroom.


At the time the editor remembers the court- room the judge's stand was at the middle of the north side of the courtroom, and the "bar" was in front of the judge's stand and enclosed by a railing. Outside of the "bar" were benches, on the south side and on the east and west ends, for the use of witnesses and other court attendants. The floor was slightly ele- vated from the front to the rear of these benches.


There were chairs for the use of jurors. There was a matting of some sort within the "bar." The courtroom was well lighted with windows, and was cheerful and interesting enough, except to those poor creatures who were brought to the bar of justice to be sen- tenced for their misdeeds to terms of imprison- ment in the penitentiary.


This courthouse was used for various pur- poses in addition to those for which it was primarily intended. It was in a small way an operahouse or theater. It was used for lectures and addresses. The editor, when a small boy, with his brother and uncle, attended an enter- tainment in the courtroom given by the Swiss Bell-ringers. The use of the courtroom was generously accorded for church services for any congregation having no church building. The Baptist Church held services here for some time, and the great meeting of Rev. Mr. Northrup of the Baptist Church was held here during the year preceding the erection of the Baptist Church building in 1864. Services of the Episcopal Church were held in this court- room also from time to time. The Christian or Disciples Church was organized in this room with a membership of thirteen on April 13, 1864, and that church held its church and Sun- day school services in this courtroom for about two years. As to services held in this court- room prior to the recollection of the editor, no statement can now be made.


Those were not the days of baseball and football in Hancock County, but some of the


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HISTORY OF HANCOCK COUNTY


citizens of Carthage indulged in other games, some of them "nameless here," and others took part in the highly intellectual but depressing game of chess, which latter game was some- times played by teams in two of the rooms on the first floor of the courthouse, one team in one room, and another in another, each hav- ing a chess board, and with arrangements for the transmission of the "move" from one room to the other by special messenger retained for that purpose. It has been said that the deci- sion of the "move" to be made sometimes con- sumed a quarter of an hour, or even more, and that a game sometimes lasted for as much as two days. The souls of these chess players were steeped in patience.


In 1851 the question of the construction of a fireproof vault in the north hall of the courthouse was agitated, and the supervisors of the county, on Sept. 14, 1852, passed the following resolution on that subject :


"Whereas at the board of supervisors at the December Term, A. D. 1851, an order was made to construct a fireproof vault in the north hall of the courthouse and appointed Alexander Sympson Agent to superintend the building thereof and that $500 be appropriated there- for, and the clerk of this board neglecting to enter up the same: It is now ordered that the same be entered up nunc pro tunc."


This proposed fireproof vault was not built. If it was, it was afterwards removed. In the early sixties the north hall was still open and unencumbered.


In 1865, and perhaps prior to that time, the necessity for a fireproof building in which to keep the Hancock County records was under consideration, and on May 25, 1865, Thomas C. Sharp offered the following resolution which was adopted by the board of supervisors :


"Whereas, the board of supervisors did on the 27th day of April, 1865, pass an order authorizing F. M. Corby and D. E. Head to draw or have drawn a plan of a fireproof building on the east end of the courthouse and report probable cost at the next or September meeting of the board, and whereas, said per- sons thus appointed have doubts as to the extent of the authority conferred by said order. Therefore ordered, that said committee be and is hereby authorized to employ a competent architect to draw the necessary plans and specifications for the proposed fireproof addi-


tion to the courthouse and front elevations of the courthouse building with the addition con- templated, and also full estimates of the cost of the proposed work, and report the same to this board at as early day as possible."


These plans and specifications were drawn and estimates made, and presented to the board of supervisors, and the board, on mo- tion of Mr. Sharp, on Sept. 11, 1865, passed the following order :


"It is ordered that a committee consisting of F. M. Corby, David E. Head and A. Symp- son be appointed with instructions to enter into a contract with responsible parties for the construction of a fireproof wing, to be built on the east side of the courthouse, etc., and for the alteration of the present courthouse building-the whole to be done in accordance with the design, plans and specifications drawn by Wm. Quayle, Architect, and this day sub- mitted to the board; and that said committee shall advertise for proposals for doing said work, the whole work to be finished by the first of September, 1867; and that said com- mittee submit said contract so made to the board of supervisors for their approval."


On May 7, 1866, F. M. Corby, chairman of the committee on fireproof building, reported a contract made with John Mahannah and Miles H. Day for the erection of a fireproof wing to the courthouse, etc., and for certain alterations of the present courthouse,-the whole to be completed for the sum of $26,000, payable, one-third upon the execution of the contract, one-third when the building should be enclosed, and the remainder when the build- ing should be completed and accepted by the board. The contractors gave bond in the sum of $17,000. The contract was accepted and ratified by the board. On May 7, 1866, the board of supervisors passed the following order :


"Ordered that an appropriation of $12,000 in county orders be made by this board on account of the courthouse contract this day ratified by this board; that the clerk of this board issue that sum in orders in favor of David Mack; and that said David Mack, Wil- lam Booz and Alexander Sympson are hereby appointed a special courthouse committee to draw and receive said orders, with authority to sell the same for cash on the best terms they can effect; and of the proceeds of such


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HISTORY OF HANCOCK COUNTY


orders that said committee pay John Mahan- nah & Miles H. Day the sum of $8,666.65, the first installment due them under their con- tract for building fireproof vaults and remodel- ling courthouse."


On Sept. 12, 1866, Mr. David Mack, as chair- man of the special courthouse committee, pre- sented to the board the following report, which was received and adopted :


"The committee appointed at the May meet- ing of the board, to draw and negotiate county orders and make the first payment to Messrs. Mahannah and Day, for the erection of the addition to the courthouse, submit the follow- ing report :


"Your committee after due and careful in- quiry, found it would be best for the interests of the County to have interest-paying orders issued, and accordingly the orders to the amount of $12,000.00 payable in three years, and bearing interest at the rate of ten per cent per annum, were issued and sold at the best price they could command: at the rate of ninety-five cents to the dollar. That the proceeds of the sale of said orders amounted to the sum of $11,400.00 out. of which your committee on the 16th day of May, 1866, paid to said Mahannah and Day the first payment due them, being the sum of $8,666.65. The remainder of the proceeds of the sale of said orders being the sum of $2,733.35 is on deposit in the Hancock County National Bank, in the name of David Mack, Chairman of the Com- mittee.


"David Mack, Chairman."


On Sept. 9, 1867, Mr. F. M. Corby tendered his resignation as a member of the building committee for the reason that he was about to remove from the county. (Mr. Corby had been closely identified for some years with the interests of this county, and his removal from Hancock County to Chicago was a matter of regret to Hancock County people generally.)


On Sept. 13, 1867, Hiram G. Ferris, George Edmunds and A. J. Griffith were appointed a committee on buildng the fireproof addition to the courthouse and remodeling the courthouse, in place of F. M. Corby, A. Sympson and John F. Cherry. The following resolution was passed by the board :


"Resolved that the committee appointed at this term for the purpose of superintending


the building of the fireproof addition to the courthouse and repairs of the old building, be and they are hereby authorized to cause said work to be completed in a manner creditable to Hancock County and that they have full dis- cretionary power in behalf of the county to make all necessary contracts in relation there- to (as amended) at an expense not exceeding $1,500, over and above present contract price."


The work on the fireproof addition was first undertaken, so as to leave the courtroom un- impaired for use as long as possible, but the time came at last for dismantling the court and juryrooms preparatory to raising the roof of the old building seven or eight feet higher. The following item appears in the Carthage Republican of Oct. 3, 1867 :


"Workmen are now dismantling the court and juryrooms, preparatory to raising the roof some seven or eight feet higher. When all the alterations are finished, ours will be one among the largest courtrooms in the state."


On Dec. 10, 1867, the committee, composed of Hiram G. Ferris, George Edmunds and A. J. Griffith, made the following report to the board of supervisors :


"The undersigned report that after their appointment they contracted with Messrs. Mahannah & Day for raising the courthouse roof to its present height, and for closing it in and plastering-substituting new for old cor- nice-to be done at estimate of Wm. Quayle, also to leave out of the work under old con- tract the coalhouse at Mr. Quayle's estimate. That when the ceiling was torn off prepara- tory to raising the roof, the roof timbers were found so rotten as to be unsafe and we de- termined to direct a new roof throughout be- lieving it best for the interest of the county.


"The work is not yet completed, but as far as we can approxmiate to the same, the cost of repairs to old building under new contract (which does not provide for furnishing room for use of Court) will be about $4,822.08."


The finishing up of courtroom was yet to be provided for.


This report was received, but was laid on the table.


On the same day the board of supervisors "adopted" a resolution or order as follows :


"Ordered that W. A. Patterson, Geo. M. Browning, John M. Ferris, and Thomas Rug- gles be and are hereby appointed to act with


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HISTORY OF HANCOCK COUNTY


G. Edmunds, H. G. Ferris, and A. J, Griffith as a committee on improvements of the court- house, and said committee be and is hereby authorized to complete the improvements upon said courthouse, and to do any and all acts necessary to be done in their opinion for the completion of said courthouse, and furnishing of the same."


On May 22, 1868, a committee was appointed to accept the fireproof addition and improve- ments under the following order of the board :


"Ordered that H. G. Ferris, Geo, Edmunds, A. J. Griffith, John M. Ferris and David Mack be and they are hereby appointed committee on the part of the Board to accept the fireproof addition to courthouse, and the improvements made on the old courthouse under the contract made with Messrs. Mahannah & Day if they find that the work has been done in accord- ance with the contract, and the directions of the superintendent and the courthouse com- mittee, and to settle with said Mahannah & Day for all extra work done by them on said courthouse, and that upon such settlement they order the chairman of the Finance Committee to pay to said Mahannah & Day whatever bal- ance may then be due them."


On Sept. 14, 1868, Mr. Edwards resigned as a member of the committee and his resigna- tion was accepted, and on the next day Boyd Braden, Henry Walker, Jacob H. Folts and David Mack were appointed a committee to settle with Mahannah & Day, contractors on the courthouse, to ascertain the amount due the contractors, and if the work had been done according to contract, to accept the same, and to report to the board at its next meeting.


On Sept. 16, 1868, this committee made a report to the board, which was received and adopted, and is as follows:


"The undersigned, committee appointed to settle with Messrs. Mahannah & Day and re- ceive the work performed by them if performed according to contract, report, that after an ex- amination of the contract, after hearing the statements of mechanics and members of former committee and examining tlie work, we have arrived at the conclusion that the work has been performed in compliance with the terms of said contract, and that we have accepted the same, and that there is now due to said Mahannah & Day the sum of $1,500, being the entire balance, after deducting the sum of $29,500 heretofore paid them, and that said




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