USA > Illinois > Hancock County > Historical encyclopedia of Illinois and history of Hancock County, Volume II > Part 24
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Stephens & Wagley, office, opposite the public square, Warsaw, Illinois. (The card of these attorneys contains references to persons and firms of Baltimore, Philadelphia, Louisville, New York and St. Louis.)
In No. 20 of Vol. 2 of The Carthage Repub- liean, published on July 12, 1855, appear cards of the following Hancock County attorneys.
Sibley & True, a firm composed of Joseph Sibley and Joseph M. True, office at Warsaw, Illinois. (In March, 1853, as shown above Judge Sibley was located at Nauvoo, and Mr. True was in partnership at Warsaw with Mr. Grover. It would appear from this card that in 1855 Judge Sibley was living in Warsaw and that he and Mr. True were then partners.
Mack & Scofield, a firm composed of B. T. Scofield, D. Mack and C. R. Scofield, office, at Carthage, Ilinois.
Ferris & Manier, a firm composed of John M. Ferris and Wesley H. Manier, office, in court- house, at Carthage, Illinois.
S. W. King, office, La Harpe, Illinois.
Isaac B. Parker, office in McKee's Block, War- saw, Illinois.
George W. Batchelder, office, first door north of post-office, Carthage, Illinois.
John W. Marsh, office, Warsaw, Illinois.
The issue of The Carthage Republican, dated December 11, 1856, contains the names of the following attorneys or firms not mentioned in the issues of the papers above mentioned.
Marsh & Bliss, a firm composed of J. W. Marsh and N. W. Bliss, office, Warsaw, Illinois.
Morille & Hooker, a firm composed of Milton M. Morrill and W. C. Hooker, office, Nauvoo, Illinois. (The name Morrill is incorrectly spelled Morrell in the paper.)
John Cooley, office, in Wagley's new building, Warsaw, Illinois.
Warren & Edmunds, a firm composed of Cal- vin A. Warren and George Edmunds, Jr., with office at Quincy, Illinois.
Bryant F. Peterson, office, Plymouth, Illinois. Dennis Smith, office in the northwest corner of the court-house.
R. W. Mckinney, office at Nauvoo, Illinois.
In the issue of The Carthage Republican, dated November 19, 1857, appear the following cards of attorneys or firms not mentioned above :
Mack & Peterson, a firm composed of David Mack and Bryant F. Peterson, office, Carthage, Illinois. (Charles R. Scofield had died, the old firm of Scofield, Mack and Scofield had been dissolved, and Mr. Peterson had moved from Plymouth to Carthage. At this time David Mack was master in chancery.)
R. S. Montague, office, Carthage, Illinois. (Mr. Montague came to Carthage from Kentucky and remained here until the close of the Civil War, and then moved to one of the southern states.)
Ferris, Scofield and Manier, a firm composed of John M. Ferris, Bryant T. Scofield and Wes- ley H. Manier, office, Carthage, Illinois.
William T. Ramsey, office at Augusta, Illinois.
In the issue of The Carthage Republican, dated May 4, 1865, appear the following cards of firms or attorneys not already mentioned, or who have changed their location :
Manier & Peterson, a firm composed of Wesley
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HISTORY OF HANCOCK COUNTY
H. Manier and Bryant F. Peterson, office on the west side of the public square, Carthage, Illinois.
William C. Hooker, office in Clark's building, Carthage, Illinois.
Mack & Draper, a firm composed of David Mack and Henry W. Draper, office on the north side of the public square, Carthage, Illinois.
In No. 9 of Vol. 1 of the Hancock County Democrat, dated September 6, 1866, appear the following different combinations of attorneys :
Manier, Peterson and Miller, a firm composed of Wesley H. Manier, Bryant F. Peterson and John D. Miller, office in the south end of Clark's building, Carthage, Illinois. .
Dennis and F. E. Smith, a firm composed of Dennis Smith, and his son, Frederick E. Smith, office in the southwest jury room in the court- house.
Stephens & Rogers, a firm composed of Henry Stephens and George J. Rogers, office, Warsaw, Illinois.
In the issue of The Carthage Republican, dated April 22, 1885, appear cards of the follow- ing attorneys, not mentioned before or in dif- ferent combinations :
John B. Risse, office at court-house, Carthage, Illinois. (Judge Risse was county judge for seventeen years, and had formerly practiced law at Nauvoo, Illinois.)
Mason & Halbower, a firm composed of Wil- liam E. Mason and Frank Halbower, office over Mills' store, Carthage, Illinois. (Mr. Mason had been state's attorney from 1876 to 1884, and Mr. Halbower was state's attorney for the eight succeeding years.)
Sharp & Berry Bros., a firm composed of Thomas C. Sharp, Orville F. Berry and Melvin P. Berry, office in Culkin's building, Carthage, Illinois. (Judge Sharp had been county judge for one term and had been prominently identi- fied with Hancock County history. Orville F. Berry served in the Illinois General Assembly, first in the House and then in the Senate, for many years. Melvin P. Berry has been prominently identified with Hancock County in- terests for many years.)
Scofield, O'Harra and Scofield, a firm com- posed of Charles J. Scofield, Apollos W. O'Harra and Timothy J. Scofield, office on the west side of the square, Carthage, Illinois. (This partner- ship was formed in the fall of 1884, and was dissolved by the election of Charles J. Scofield as judge of the Circuit Court in June, 1885. The partnership was thereafter continued by the
other two under the firm name of O'Hara and Scofield.)
Mack & Baird, a firm composed of David Mack and William Baird, office in Sholl build- ing on the public square, Carthage, Illinois. (Mr. David Mack is the person of that name heretofore mentioned and the father of Judge D. E. Mack of this county. Mr. Baird moved to Omaha, Neb., where he is still engaged in prac- ticing law.)
In the issue of the Warsaw Bulletin, dated August 5, 1887, appear cards of attorneys as follows :
Marsh & Marsh, a firm composed of John W. Marsh and Benjamin F. Marsh, office, Warsaw, Illinois. (John M. Marsh was afterwards judge of the county court for one term and the Hon. Benjamin F. Marsh served for a long period of time as the representative from this district in Congress.)
In the issue of the Warsaw Bulletin, dated March 23, 18SS, appears the card of E. E. Lane, attorney at law, Warsaw, Illinois.
Another prominent attorney of Warsaw in former days was John H. Finlay, and he and Mr. Lane were partners for some years under the firm name of Lane & Finlay.
LAWYERS OF 1880
Mr. Gregg gives a list of attorneys, residents and practitioners of this county about the year 1880, as follows :
"Residents at the county seat are: Bryant T. Scofield, Thomas C. Sharp, Wesley H. Manier, Bryant F. Peterson, John M. Ferris, John B. Risse, Wm. E. Mason, Wm. Baird, George J. Rogers, T. J. Scofield, Apollos W. O'Harra, T. C. Griffitts, George Edmunds, David Mack, Henry W. Draper, Wm. C. Hooker, Hiram G. Ferris, O. F. Berry, John D. Miller, M. P. Berry, Charles J. Scofield, J. J. Williams, Sam- uel H. Benson, W. B. McIntyre, Mr. Shinn.
"At Warsaw: John W. Marsh, John H. Fin- lay, Edward E. Lane, George P. Walker, Wm. N. Grover, Benj. F. Marsh, P. W. Plantz, Cortez Maxwell, R. L. McDougal.
"At Augusta : W. H. Mead, Nelson Comfort, B. P. Hewitt, Joab Green.
"At La Harpe: Cornelius C. Peterson, S. W. King, J. H. Hungate.
"At Nauvoo: Milton M. Morrill, Adam Swartz, William D. Hibbard.
"At Plymouth : L. G. Reid.
warm, D. Bradshaw
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HISTORY OF HANCOCK COUNTY
"At Dallas City : B. F. Newton.
"At Hamilton : Thomas Ruggles."
PRESENT-DAY ATTORNEYS
A list of the lawyers of Hancock County as published in the Bar Docket of the Circuit Court for the October Term, 1920, by the Clerk of the Circuit Court, is as follows :
Residing at Carthage, Charles J. Scofield, J. Paul Califf, Wm. H. Hartzell, Bert M. Cavanagh, Edward S. Martin, Apollos W. O'Harra, Clifton J. O'Harra, Roswell B. O'Harra, Earl W. Wood, Henry S. Walker, Orville F. Berry, Melvin P. Berry, David E. Mack, Edward C. Mack, Wil- liam B. Risse, Edwin S. Coombs, Linus Cruise, Samuel Naylor, Charles S. DeHart, William A. Symonds, Clyde P. Johnson, James D. Baird, J. Arthur Baird, E. W. Dunham, Lee Seiben- born, Warren H. Orr, J. W. Williams, H. H. Williams.
Augusta : John A. Mead, Sterling P. Gem- mon.
Warsaw : Truman Plantz, Louis Lanet, Frank Halbower.
La Harpe: John H. Hungate, Clifford W. Warner.
Hamilton : Wallace G. Humphrey, O. C. Mc- Cartney.
Basco : William H. Damron.
Dallas City : O. C. Kirkpatrick.
Bowen : Charles Crossland (recently de- ceased ).
West Point : James L. Miller.
Plymouth : S. S. Groves.
Lately there have been two additions to the bar of this county, Franklin M. Hartzell, son of Hon. William H. Hartzell, and Earl W. Bell, who read law with Scofield & Califf.
NOTABLE CIRCUIT COURT CASES
Trial and Execution of William (Fielding) Fraim. (The only execution by judgment of court in this county.)
The papers filed in their case purporting to be signed by the defendant are signed by his mark, indicating that he was unable to write his name. For this reason there is confusion in the papers and records as to the orthography of the name, which is spelled sometimes "Fraim," sometimes "Fraime," and sometimes "Frame." While the defendant was indicted and
executed as William Fraim, it is stated in the defendant's plea on file that his name was Field- ing Fraim.
The indictment against William Fraim for murder was returned by the grand jury at the June term, 1838, of the Circuit Court of Schuy- ler County. This indictment which is that the defendant, "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil," on February 17, 1838, assaulted William Neathammer with a knife, which he struck and thrust into the left side of the breast, the wound being a mortal wound from which the assaulted man instantly died. The indictment is signed, "H. L. Bryant, State's Attorney," and bears an indorsement as fol- lows: "Filed June 6, 1838, Robt. A. Glenn, Clk." The indictment is also indorsed, "A true bill. Peter N. Holme, foreman of the grand jury." The names of the witnesses endorsed on the indictment are John Hammond Myers, John P. Fey, Christian Langner, Henry Weischede, Antony Messer, Joseph Hofman. Another file mark on the indictment relates to the case after it had been transferred by change of venue to the Circuit Court of Hancock County and is as follows : "Filed March 13, 1839. Wesley Williams, Clk., H. C. C. per S. Otho Williams, D. C."
The convening order for the June term of the Circuit Court of Schuyler County, in the year 1838, shows the following officers present : Hon. James H. Ralston, Judge; H. L. Bryant, State's Attorney ; Robt. A. Glenn, Clerk; and J. G. Mc- Hatton, Sheriff. On June 7, 1838, a motion by defendant for a continuance was sustained and the defendant was remanded to jail.
On November 6, 1838, while the cause was pending in the Circuit Court of Schuyler County, Dickey, attorney for defendant, gave notice that he would apply for a change of venue "on ac- count of the prejudice of the minds of the in- habitants of Schuyler County so that he (the defendant) can not have a fair trial." It is also stated in the petition that "great pains have been taken to prejudice the minds of the in- habitants of the counties of Cass, Fulton and McDonough against your petitioner and that they are prejudiced against him." The change of venue petitioned for was granted. Christian Langner and Jolin Fey were recognized as wit- nesses for the people in the sum of $300 each. A transcript of the record dated March 8, 1839, was transmitted to the clerk of the Circuit
762
HISTORY OF HANCOCK COUNTY
Court of Hancock County and filed in the clerk's office as already stated, on March 13, 1839.
The record shows that the defendant had al- ready pleaded not guilty, answering when the indictment was read to him, "that he was not guilty and wanted a fair trial and a just one." At the same time his counsel tendered a writ- ten plea of not guilty which the court ordered to be filed. The defendant by his counsel asked leave of the court to withdraw the oral plea, leave to do which was refused. The defendant objected to going to trial until the prosecution should in some manner reply to his written plea, but the court overruled the objection and de- cided that the prisoner should go to trial and ordered a jury to be called for that purpose, to which opinion and decision the defendant excepted. The foregoing facts are shown by the bill of exceptions signed and sealed by the judge on April 23, 1839. Subpoenas were issued for the following witnesses for defendant : David Martin, Edward Buckley, Mary Miller and John Allen. David Martin was served with subpoena, but the others were not. Among the witnesses testifying for the people were John Peter Fey and Christian Langner, each of whom filed an affidavit for his fees, Fey giving his mileage as fifty-three miles and Langner giving his as fifty-nine.
The trial was a very brief one, having been commenced and concluded in one day, Monday, April 22, 1839. The Hon. James H. Ralston was the judge who presided at the trial.
At the time of this trial the old common law of England prevailed whereby a defendant in a case of this kind was not permitted to testify in his own behalf. It was also the law at that time that the jury had nothing to do with the punishment to be inflicted under a verdict of guilty of murder, but the law prescribed capital punishment in every case, and the judgment of the court upon a verdict of guilty determined the time and place of the execution.
The verdict of the jury was as follows : "We, the jury, find the defendant guilty of murder as charged in the indictment." The paper on which this verdict is written is marked "ver- dict," it is not signed or marked "filed." Signing was not necessary if the verdict was pronounced in open court and filing of this paper was not necessary if the records show that the verdict was rendered by the jury.
The names of the jurors were as follows : John C. Kimbrough, Joseph Lionberger, John
Huckens, Daniel H. Wells, Andrew B. Welch, James Welch, Nathan Mason, Moses Stevens, John D. Mellen, James M. Renshaw, Alfred Mead and David Brank.
At this point in the proceedings the name of Abraham Lincoln, afterwards the great-war president, appears in a motion in arrest of judgment signed "Lincoln, p. d.," that is, Lincoln pro (or for) defendant, which motion was filed on April 25, 1839. Doubtless Mr. Lincoln took part in the trial, although this is his first ap- pearance by name in the papers.
A copy of the motion in arrest of judgment, evidently in Lincoln's handwriting, is among the files of the case in the office of the clerk of the Circuit Court of this county. This motion is clear in statement, correct in orthography and composition, and shows Mr. Lincoln, who was thirty years of age at that time, to have been well qualified for the preparation of such legal documents. This writing was carried away from the courthouse at one time and used in a distant part of the county as a specimen of Mr. Lincoln's handwriting, but it was after- wards returned to the files in our circuit clerk's office upon application of the clerk therefor after he had learned the name of the unlawful custodian of the document.
This motion in arrest of judgment was as follows :
"William Fraim ads. Indictment for Murder. The People
And the said Deft. comes and moves the court in arrest of judgment in this case for the following reasons, towit :
1-The Record in this cause does not suffi- ciently show that an indictment was found by a grand jury of the country against the De- fendant Fraim.
2-The Record in this cause does not show that a grand jury was empannelled (an author- ized spelling) at the Term of the Court at which the indictment purports to have been found.
3-There is no sufficient record in this cause to authorize the Court to try the Deft. and pro- nounce judgment upon him.
4 The record from the Schuyler Circuit Court is defectively and imperfectly certified.
5-The said record is otherwise informal, erroneous and insufficient.
6-The indictment is bad in this, that it
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HISTORY OF HANCOCK COUNTY
does not show with sufficient certainty, in the conclusion, whether the Deft. was the murderer, or the murdered man.
7-The indictment is bad, in the conclusion, in not showing that the murder was committed in the manner and by the means before stated in the indictment.
S-The said indictment is otherwise informal and insufficient.
For all which said reasons the said Deft. moves the Court in arrest of judgment herein. Lincoln, p. d."
The judgment of the court disposing of the motion in arrest and sentencing the defendant to be hanged, which was rendered on Thursday, April 25th, is as follows :
"This day the prisoner William Fraim was again led to the bar in the custody of the coroner, and the motion made on yesterday in arrest of judgment being fully argued, and upon due consideration, it is ordered by the court that the said motion in arrest of judgment be over- ruled. And it being demanded of the prisoner by the court what he had or knew to urge in this behalf why judgment should not now be pronounced against him, and the said defendant having nothing to urge except what had been before urged in this behalf: It is therefore con- sidered by the Court that the said William Fraim be hanged by the neck till he be dead. It is further ordered by the Court that the Sheriff of the said County of Hancock do cause execution of this sentence to be done and per- formed upon the body of him the said William Fraim on Saturday the eighteenth day of May next between the hours of twelve o'clock Meri- dian, and two o'clock Post Meridian of said day on a gallows to be erected within one mile of the Town of Carthage in said County. It is further ordered that the said William Fraim pay all the costs of this suit. And the said William Fraim is committed to the custody of the Sheriff of said County, to be by him kept in close confinement until the sentence is exe- cuted. It is further ordered that the Clerk of this Court make and certify a copy of this order and deliver the same to the sheriff of said County, which shall be sufficient authority in the hands of said Sheriff to carry into effect the foregoing judgment."
This case was not taken to the Supreme Court. The defendant was executed pursuant to the sentence of the circuit court.
The execution of this unfortunate man oc- curred eighty-one years ago, and there are few persons now living who have any personal recol- lection of the facts. It is well known, how- ever, that the execution was in a field south- east of Carthage, was public, and was attended by a large crowd of people from all parts of the county and even from adjoining counties. It is said that some of these spectators brought their families and their dinners and made a sort of picnic of the occasion. Not only were adults present, but young boys and girls, and even lit- tle children. One of our well-known Carthage citizens, then a mere child, was present, and has some recollection of the occurrence, and especially of the fact that the prisoner made some remarks of warning to others just prior to his execution. Since that day, the great evil of public executions has been corrected by a statute requiring these executions to be con- ducted privately, with only a few witnesses in attendance. The deterrent effect of such a public spectacle is more than counterbalanced by the evils resulting from the unspeakable cu- riosity of many people to behold a tragedy in- volving the sufferings of a human being.
Additional matters in connection with this case are shown by the records of the County Commissioners Court, and are here given as they appear in those records.
"It is ordered that the following persons be allowed the following sums on the certificates of the Coroner for guarding Frame, a prisoner from Schuyler County :
Thomas S. Kimbrough,
seven dollars $7.00
Wm. P. McClure,
seven dollars $7.00
George W. Stigall, seven dollars $7.00
R. Breedlove, three dollars $3.00
David Bettisworth,
three dollars $3.00"
"It is ordered that the following persons be al- lowed the following sums on the certificate of the Sheriff for guarding Frame, a prisoner from Schuyler County :
Thomas S. Kimbrough, twenty dollars $20.00
Wm. P. McClure, twenty dollars $20.00
David Bettisworth, twenty dollars $20.00
Nathan Mason,
twenty dollars $20.00"
"It is ordered that Edmund G. Haggard be allowed the sum of sixty-one dollars and eleven cents- forty-nine dollars and twenty-four cents
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HISTORY OF HANCOCK COUNTY
of which was for charges for sundries for the exclusive use of Frame, a prisoner from Schuy- ler County, and eleven dollars and eighty-seven cents for said Frame's comfort and safe keep- ing."
"It is ordered that Edmund G. Haggard, Sheriff, be allowed the sum of twenty-five dol- lars for executing prisoner Frame."
"It is ordered that George W. Thatcher be allowed the sum of six dollars for guarding Frame, a prisoner from Schuyler County."
"It is ordered that S. Thompson be allowed the sum of two dollars, the same being for A. Cleveland's services in guarding Frame, a pris- oner from Schuyler County."
"It is ordered that Nathan Mason be allowed two dollars for guarding Frame, a prisoner from Schuyler County, on the certificate of the coro- ner-2 days."
"It is ordered that the clerk of this court cer- tify to the County Commissioners' Court of Schuyler County the various amounts allowed to the several persons for their claims for guarding and supporting (and other charges up to the execution and burial) William Frame, a prisoner from said county of Schuyler."
The following account of the execution of William (Fielding) Fraim was written by Mrs. Eudocia Baldwin Marsh, and published by THE HOWARD-SEVERANCE COMPANY of Chicago, Illinois, in No. 3 of Vol. 2 of Social Progress and is published here by the courteous permission of that company.
(Mrs. Marsh died recently at her home in Warsaw. She was the wife of Judge John W. Marsh, a well-known attorney of Hancock County, and at one time judge of the county court of this county. When Fraim was exe- cuted, Mrs. Marsh was but a little girl, and her account is based, in part, upon her recollection of what occurred, and is erroneous in a few particulars, but is essentially correct and very interesting. The brick courthouse referred to by Mrs. Marsh was built in 1837-9, instead of 1834 as Mrs. Marsh has it, and was first used as a courthouse at the April term of the Circuit Court, 1839, at which term Fraim was tried. The prisoner was indicted by the name of Wil- liam Fraim, and filed a written plea in the case in which his name is given as Fielding Fraim. Mrs. Marsh refers to him as Charlie Fraim. It may be that Charlie was a pet name for the young man, or that the school children called him by that name, and this may be the reason
why Mrs. Marsh speaks of him as Charlie Fraim. The trial occurred in April instead of May, as the records show, and sentence of death was pronounced on April 25th, and was carried into effect on May 18th, and not two or three months afterwards. With these excep- tions the article of Mrs. Marsh is to be accepted as history. As explanatory of certain state- ments made in Mrs. Marsh's article, it may be stated that the juryroom in the southwest cor- ner of the new courthouse, in which the pris- oner was confined, was in the second story, and on the same floor as the courtroom, and was connected therewith by a door. The log school- house referred to as almost directly opposite the room in which the prisoner was confined, was the old log courthouse, no longer needed for a court- house, and then used, as it had been theretofore at certain times, for school purposes. While the prisoner was constantly under guard by the sheriff or his deputy, this was not always by the sheriff or deputy in person, but by one or more of the guards employed for that purpose, whose names appear in the orders of the County Commissioners' Court above set forth. )
"In 1854 a new brick courthouse was built in the center of the public square at Carthage. Soon after its completion a prisoner, Charlie Frame, charged with murder, was brought from an adjoining county on a change of venue to Carthage to stand his trial. This took place in May, and he was found guilty and sentenced to be hanged, as I remember, two or three months later. The jail was not yet built, so the con- demned murderer was confined in the new court- house, in the southwest jury room. This was almost directly opposite our log schoolhouse. Always at recess, and at the noon hour, when we were at play, Charlie sat at the window and watched us. We would go near, fascinated by the thought of the awful doom awaiting him. He frequently talked with us, always in a friendly, cheerful way. He was full of pranks and would sometimes tempt the boys to come under his window by throwing out nuts, candy or fruit. When they stooped to pick them up, he would throw out a cup of water. This prac- tical joking always kept the girls too timid to try to get any of the dainties.
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