Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 26

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 26

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A card published in the same issue of The Republican is as follows:

Card. "Carthage, Ill., June 30, 1863. "Mr. Editor-

"Dear Sir : Wishing to place myself right before the public in relation to the unfortunate affair of Isaac B. Ritter, I take this means of making a statement of the facts. When Mr. Ritter enlisted (some two years ago) he left his buggy with me to keep for him and use when I desired. On his return he asked me to loan him a horse for his buggy for a few days, stat- ing that he wished to visit Dallas and Macomb to collect some debts. I loaned it to him on Sunday evening, and on Monday morning he harnessed the horse to his buggy and brought the buggy to town for some repairs, and while it was in town, Mr. Ritter first got into the difficulty with Mr. Sample. At that time, and also when he shot Messrs. Inghram and Oss- man, I was absent from home and knew noth- ing of the difficulty, and did not let him have my horse to help him to escape as some persons have supposed. I will here say that I condemn

the course Mr. Ritter has pursued since his re- turn, in toto, and never would have assisted his escape from justice-that I differ from him po- litically, and that I condemn his uncalled for abuse of his old friends in calling them Cop- perheads, and on Sunday so told him; and that I deeply sympathize with Messrs. Inghram and Ossman, and regard them as two of our most estimable citizens, and consider that they have been greatly outraged while in the discharge of their duties.

"Reuben Jacoby."

The following facts were given the editor by relatives of Mrs. Henry P. Harper :

Mr. and Mrs. Henry P. Harper lived in Wythe Township. It was a very warm day when a man came hurrying into their yard and asked for a bucket with which to water his horse. Mrs. Harper started to get a bucket for him, but, in passing around the house, the man saw some milk crocks on a bench and, without wait- ing to get the bucket, took one of the crocks and filled it with water, and hurried back to the road and gave the horse a drink, setting the crock over the fence in the yard. He jumped in the buggy and hurried on. From his actions, Mrs. Harper thought something was wrong. Soon after this a number of men on horseback, some of them armed, came down the road, and they asked if Mr. Harper was at home. Mrs. Harper was much excited, being alone with the children, and not knowing what was the cause of these strange actions. Ritter drove only a short distance from the Harper home, then left the buggy and went into the thick brush, where he was shot by the men in pursuit.

Rev. E. C. M. Burnham, pastor of the Bap- tist Church, published an obituary notice of Mr. Ossman in The Carthage Republican July 16, 1863, from which the following extract is taken:

"Mr. Ossman was born in Boone County, Ky., Aug. 6, 1828. On the 12th day of December, 1850, he married Miss V. A. Holder, of Kenton County, Ky., and settled in Verona, Boone County, Ky. Thence he removed to the vicinity of Carthage, Ills. Thence to Plattsburg, Mo. In October, 1858, he returned to Carthage, Ills., where he was engaged in speculation and in the mercantile business. By a moral life and a spirit of kindness he has gained many and warm friends, as the attention during his sickness

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and the extraordinarily large attendance at his funeral testify."

RE-INTERMENT SERVICE

In the fall of 1865, after the war was over and those who were left of the soldiers had re- turned to their homes, a movement was inaugu- rated for the re-interment of the body of Mr. Ritter, with the honors of war. The body had been buried in the Barnes' Cemetery northwest of Carthage, within a mile of the city, which cemetery was then and afterwards used as the burial place of respectable citizens. The pro- posal was to re-inter the body, this time in the cemetery southeast of Carthage. The sol- diers from this county and other counties and other states were urged to be present, and were present in large numbers. The date was No- vember 25, 1865. The day was one of the most pleasant of the season. The procession was formed at the public square, by Colonel Logan of the One Hundred and Eighteenth, preceded by a drum corps, under charge of Thomas Do- ran, followed by the hearse, then by the escort, and then by a large body of soldiers, some mounted and some on foot. The services were to have been held at the Presbyterian Church, but when the cortege arrived the church was found to be already filled to overflowing, and the procession moved to the courthouse yard, where the services were held. "The services were opened by a voluntary by a select choir, after which the sixteenth hymn in the Metho- dist Episcopal hymn book was sung. Rev. Mr. Underwood, late chaplain of the One Hundred and Eighteenth Illinois, then read the one hun- dred and thirty-seventh Psalm." Hymn 1059 was sung. This was followed by the Rev. Mr. Underwood's address. After the services at the Courthouse Park, the procession moved to the cemetery southeast of the city and the body was there interred with military honors.

From The Carthage Republican of July 16, 1863 :

"There are, as we are informed, about 100 United States soldiers stationed at the Fair Grounds near this place, consisting of the most of two companies of cavalry and a squad of artillery, with one 6-pound gun and the neces- sary equipments. We do not know the names of the officers in command. About sixty came on the 3rd inst., and the balance with artillery on the 12th inst. Thus far they have been

orderly and quiet, and we presume are under a good state of dicipline and understand the duties of soldiering."

THE TRIAL OF JAMES WILSON

The first paragraph of the opinion of the Su- preme Court is as follows :

"An indictment was returned by the grand jury of Hancock County into the Circuit Court of that county, at its October term, 1876, against Zachariah Wilson, alias, Zach Wilson, Nicholas Wilson, alias, Nick Wilson, and James Wilson, for the murder of Thomas McDonald."

James Wilson was tried at the March term of the Circuit Court, 1877. He was convicted and sentenced to the penitentiary for fourteen years. The case was taken for review to the Supreme Court, and was decided by the Su- preme Court at its January term, 1880.

The case was taken on change of venue to the Circuit Court of McDonough County as to the defendant Zachariah Wilson, but Zachariah Wilson escaped from custody, and was never brought to trial. He was present, however, and testified as a witness on the trial of James.

The opinion of the Supreme Court reviews the evidence and the facts herein stated are taken principally from that opinion.

It was not controverted on the trial that Thomas McDonald was shot and killed by Zachariah Wilson, in Wade's drug store, in the town of Plymouth, in Hancock County, on the 14th day of August, 1876. The defense was that James Wilson was not a party to the kill- ing, and that the killing was not felonious.

There had been trouble between Zachariah Wilson and Thomas McDonald on Saturday be- fore the killing. It seems that McDonald was charging Zachariah Wilson with the seduction of his daughter. On this Saturday Zachariah Wilson had got on his horse to go home, and, while his horse was drinking at a public well, McDonald had seized the bridle and threatened to whip Wilson, cursing and abusing him with loud and profane epithets, and daring him to get off his horse and fight. Wilson took this very quietly, remaining on his horse, and dis- engaging McDonald's hold without difficulty when ready to go. Some of the witnesses thought McDonald had a knife or pistol, or both, in his hands, and followed Wilson for some distance, abusing and threatening him, and challenging him to fight, while other witnesses,

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with equal opportunity for observation, denied that McDonald displayed any weapons what- ever. There was a conflict of the evidence as to what occurred on Saturday, as well as to other facts relied upon for the conviction of the defendant. Evidence was offered on the part of the people tending to show that James Wil- son had urged Zachariah, just before the shoot- ing, to kill McDonald, to "shoot him down," stating that he knew where there was a shot- gun and that lie would get it. The Supreme Court says that James did not deny on the trial that he advised Zachariah to shoot McDonald, but insisted that he thought it necessary for his self-defense.

The Supreme Court summarizes the facts as follows :

"It is to be observed, in the first place, that the proof shows when McDonald came to Plymouth he went straight to Wade's, and never left there, staying most of the time inside the store. If he made threats of violence, he made not the slightest attempt to execute them. Even when the defendant, and his cousin, Arch Al- len, were within a few feet of him, advancing as if in a hostile attitude, and were completely within his power, he inflicted no violence, and showed by his manner, as unmistakably as was possible, that he was acting only on the de- fensive, and wanted merely to be let alone. He is shown to have had a motive in going to Wade's. He had a sick family, and was in the constant habit of getting medicines there, and it was not a place that he ought to have an- ticipated he would probably meet the defend- ant and his brothers, for they were not in the habit of resorting there. During the entire day up to the time McDonald was killed, no one other than McDonald is shown to have had any difficulty with the defendant and his broth- ers, or either of them. They were all over Plymouth hunting arms, and indicating bloody intentions by act and speech, and yet not a single human being is shown to have attempted to violently interfere with them. As has been seen, on Monday morning, in Colmar, one of Zachariah's party, in his presence, if indeed it was not himself, declared that McDonald would receive violent injury on that day. When he was called from the hay-press by Nicholas, it was to inflict violence on McDonald. McDonald had then but just come to town, had given out no threats, had menaced no one, and the prompt- itude with which Nicholas informed Zachariah

of his arrival, showed that he was expected- that they were waiting and watching for him. When Zachariah went to buy the cow-hide to use on McDonald, McDonald had not yet driven the defendant and Arch Allen out of Wade's, and had made use of no offensive language to Zachariah on that day. When, by reason of McDonald's being armed, the cow-hiding was abandoned, the search for arms was to inflict vengeance, not for defensive purposes. Zach- ariah wanted of Kneff a good revolver to take a shot with. McDonald. Had they not stood within shooting distance and heard all of Mc- Donald's abuse, and passed away leisurely and without harm? No one pretends that McDonald or his friends was pursuing or following them up, and when McDonald was found, he had to be hunted up in his place of refuge, for such, to some extent, the proof shows it was, at Wade's. Then, the matter of Zachariah's approach shows, more strongly than any words can, that he was hunting his man. He cocked both bar- rels of his gun before he got across,-then, as he stepped on the sidewalk, he threw his gun in shooting position, and as he came, in this attitude, in front of his victim, he says, 'Now, if you want anything out of me, lead out,' and instantly pulls the trigger."

Thereupon the Supreme Court considered the proposition as to whether or not, conceding Zachariah's guilt, the defendant James was suf- ficiently connected with the deed to justify his conviction, and, on this point, the Supreme Court held that the evidence was overwhelm- ingly against the defendant.

The judgment of the Circuit Court, sentencing James Wilson for fourteen years, was affirmed by the Supreme Court.

There are some incidents connected with the trial of this case in the Circuit Court and the disposition made of the case by the Supreme Court, which are sufficiently interesting to be mentioned in this connection.

Mr. Wilson was prosecuted by William E. Mason and Bryant F. Peterson, the first of whom was at that time about twenty-five years of age, having been elected state's attorney at the preceding November election, and the other of whom was an able trial lawyer, who had been Mr. Mason's predecessor in the office of state's attorney. James Wilson was represented in the Circuit Court by Bryant T. Scofield and Henry W. Draper, two of the ablest and most experi-

SARAH MARGARET BRADSHAW

ELA

RESIDENCE OF WILLIAM D. BRADSHAW, LA HARPE

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HISTORY OF HANCOCK COUNTY

enced trial lawyers in Hancock County, or, for that matter, in western Illinois.

Mr. Mason made the closing argument. A session of the court was held at night so that the case could go to the jury without delay. During part of the argument, Judge Sibley, who presided, was absent from the court-room, and such was the case during that part of the argument of Mr. Mason, in which he turned toward Zachariah Wilson and addressed him personally as the seducer of McDonald's daugh- ter, using oaths in connection with his invective. The bill of exceptions which went before the Supreme Court contained a modified statement of this part of the argument, but did not show objection or exception, and the Supreme Court stated in its opinion that the state's attorney, presumably without premeditation, but from the impulse of the moment, was led into much in- temperance of speech in this closing argument, and doubtless would have been checked and rebuked, if the attention of the presiding judge had been called to the matter at the time, but that, in no event, did the court regard such an error as authorizing the reversal of a judg- ment clearly right under the evidence. The fact is (which the record before the Supreme Court did not show) that the judge was not present at the time, and there was no oppor- tunity for an objection to be interposed to this part of Mr. Mason's argument. If the record had been made to show the absence of the judge from the court-room during this part of the argument, there can be hardly a doubt that the Supreme Court would have felt constrained to reverse the judgment of conviction. The at- torneys, however, were loath to incur the dis- pleasure of the judge by insisting upon a bill of exceptions showing his absence from the court-room.

The Supreme Court in its opinion made the following statement :

"We have endeavored to give to the record itself, not merely the printed abstracts and ar- guments, but the transcript made up by the clerk, a patient and thorough investigation."

This was an unusual statement in an opin- ion of the Supreme Court, and it was supposed afterwards that the court had used this lan- guage because counsel for Mr. Wilson in the oral argument before the Supreme Court had directed especial attention to the record, stating

that the Supreme Court probably ordinarily depended upon the abstracts without an exam- ination of the record itself.

Upon the argument of the motion for a new trial in the Circuit Court, a "mild and gentle passage at arms" took place between Mŕ. Bry- ant T. Scofield and Judge Sibley, which was characteristic of the two men, who were warm friends, but not always in accord. Mr. Sco- field said in substance: "This defendant is not guilty and has not been proven guilty, and the verdict should be set aside and a new trial granted. But I do not expect to get a new trial. I have had to go to the Supreme Court again and again to have your Honor's errors of law corrected, and I shall have to do so in this case."

While these words were being spoken, Judge Sibley was shifting his position in his chair, and raising himself up a little off of the seat, as was his custom when excited or displeased, but he did not interrupt the speaker. At the conclusion of the argument the Judge took up his quill pen (for he habitually used a quill), and said "Motion overruled," and made the entry on the docket. Then he sentenced the defendant without argument or comment, end- ing with his usual benediction, "Mr. Sheriff, take him out !"

Years afterwards when the editor was holding court at Macomb a man was brought under ar- rest from the state of Arkansas to McDonough County, as being the Zachariah Wilson who had been indicted for the murder of Thomas Mc- Donald. A writ of habeas corpus was sued out for the discharge of the prisoner on the ground that he was not Zachariah Wilson at all, but another person. A hearing was had accordingly and much evidence as to the iden- tity of the prisoner was introduced. There was a small number of persons who testified that the man was Zachariah Wilson, but four or five times as many testified positively to the contrary, among them the attorneys who had been interested in the case, both on the side of the people and the defendant. There was absolutely no expectation of the conviction of this man as the Zachariah Wilson who had shot Thomas McDonald, although the prisoner close- ly resembled Zachariah Wilson, and so the prisoner was discharged.

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HISTORY OF HANCOCK COUNTY

THE MURDER OF DOCTOR PIERSON

(November 23, 1878)

The following is from The Carthage Repub- lican, November 27, 1878 :

"From a gentleman of this city, who spent Sunday in Augusta, we learn the following par- ticulars of one of the most horrible murders on record, as obtained by him in the statements and rumors current upon the streets of Augusta on the night and day following the tragedy.

"The victim of this appalling crime is Doctor Daniel Pierson, one of the oldest and best known physicians in the county,-a gentleman whose active medical practice in the state, and most of that period in this county, has extended over a period of nearly thirty-two years.

"From the statements of various parties as- suming to have learned the facts, it appears that Dr. Pierson was out on the sidewalk near his residence between eight and nine o'clock on Saturday evening last; that lie went into the house and told his family that a strange person had approached him from the opposite side of the street, and with his back partially turned towards him had inquired if Dr. Pierson re- sided there, and that when the Doctor made himself known the man said he (the Doctor) was wanted to go immediately to see a Mrs. Garwood, some few miles north of town, who was very sick. The doctor hesitated about going at first, remarking that the man was strange to him, and he had his suspicions that something was not right about it. Finally, . however, he determined to go, and getting his horse started to visit the patient.

"Between eleven and twelve o'clock, two men, or probably three, going along the public road between Augusta and Mr. Garwood's and about one mile from Augusta, found Doctor Pierson on his hands and knees in the road, his horse standing not far off. They discovered that the Doctor's head was covered with blood. On speaking to him he asked for 'Water!' 'Water!' and a moment afterwards said, '- let go my bridle!' 'let go my horse!' and then as if addressing another person, said, 'Let go my whiskers !- let go my throat" One of the men hurried on to town and got a spring wagon in which the Doctor was conveyed to town, but as they were carrying him into a drug-store he died. On inspection by lamp-light the nature of the terrible wounds was disclosed. The Doc- tor's face from the bridge of the nose to the

middle of the forehead was broken in by one or more blows from some heavy, blunt instrument or missile. From these wounds portions of the brains had protruded and fallen into the road where the body was found.

"Meanwhile, the alarm had been given and the streets were soon full of the horrified and excited citizens. Persons on horseback and in carriages, went in different directions, scouring the country for miles around in quest of the supposed murderer. So great was the excite- ment that few people slept in the town that night.

"On Sunday morning a closer inspection of the scene of the murder revealed a heavy bar of iron, that had formed the strap or spindle of a wagon axle, lying not far from the fence. The bar of iron was covered with blood and was quite evidently the instrument used in the com- mission of the horrible deed. On Sunday an inquest was commenced before Justice Leach and a jury, with closed doors; but it was . thought best to adjourn the investigation until Monday.

"Additional Particulars.

"From reports of the murder as published in yesterday's Quincy Herald, we learn the follow- ing additional particulars.

"About dusk on the evening of the murder some of the Doctor's family noticed a man of middle stature standing on one side of the fence, the Doctor being on the other, and en- gaged in a spirited conversation. The man-a stranger to them-seemed to be demanding the surrender of a deed, and the Doctor said, suffi- ciently loud to be heard in the house, 'I cannot possibly do it.'

"About nine o'clock a man approached the Doctor, nearly in front of his own residence, and inquired where Dr. Pierson lived. ‘I am that gentleman,' he replied, and then the man informed him that Mr. James Garwood's wife, who lives two and three-fourths miles north, was very ill and needed his immediate atten- tion. He said he was going home by another road and would like to know if he could cer- tainly attend, for he would be obliged to call another physician if he could not, and was about to leave when the Doctor asked him his name. He replied evasively by saying, 'I live at Garwood's,' and so he left Pierson who in- stantly went into the house and told his family of the call. He also said to his daughter, 'The man acted strangely ; he would not let me see

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HISTORY OF HANCOCK COUNTY

his face, and I can not tell who he is.' The next moment he turned his back upon the light of the fireside, closed the door upon the loving and loved, and rode forth on his errand of mercy into darkness and death. A half hour later he was found by the roadside by Charles Yates, Marion and John Hetrick. These gen- tlemen were going to their homes when the groans of the suffering man caught their ears and they pressed forward to the scene of the terrible tragedy. Yates and Mr. Hetrick dis- mounted and attempted to lift him. He was lying on his knees with his crushed forehead between his hands, and as soon as he was touched he made a feeble struggle and mut- tered some incoherent sounds. They lighted a match and discovered that the man was badly hurt, but could not tell who he was. Just then Mr. Ed Stockton came by,-he had been to Gar- wood's,-and they sent to town for a convey- ance. William Beard and two sons of Jesse Ingles went for him in a spring wagon. As they lifted him into the wagon he again strug- gled and exclaimed, quite distinctly, 'Let go my bridle rein!' with some other remarks about clutching his beard. When Mr. Yates assured him that they meant him no harm, but were taking care of him, he asked for water and be- came quiet, speaking no more before he died, some fifteen minutes later, at 10:15 p. m., in Grigson & Pitney's drug-store.

"The Doctor's face, as he lay upon the floor, presented a sickening spectacle. Three long, deep wounds across his forehead and face ooz- ing with blood and brains entirely disfigured his features and told that his fiendish assail- ant had made sure execution of his infernal designs. Early on Sunday morning the place of the murder was visited by numbers of people in search of something that might lead to the discovery of the villain. A half pint of brains lay in a pool of blood, and about twenty feet from the spot where the murder was commit- ted the instrument of death was found. It was a piece of 5/8-inch iron rod twenty-five inches long, and had been used to hold on the thimble of a thimble-skeined wagon. It was evidently taken from the shop of A. J. Winfield, for that gentleman found a corresponding piece with similar match-marks cut by the same workman. His vest was torn as if by being jerked, but the rest of his clothing, though bloody and soiled, was entire."

"The Herald's reporter adds :

"Dr. Pierson was a zealous reformer, and since he became a member of the board of trustees he may have rendered himself obnox- ious to those who have delighted in disregard- ing the law ; but aside from this, he is the last man whom we should expect to have a bitter enemy. He has lived in this place and pur- sued his profession diligently for the past thir- ty-five years, and no man had a wider circle of friends and respectful admirers. He was about fifty-eight years old, and leaves three children, two of whom are grown.

"The Latest-At last accounts the murder seems to be shrouded in mystery. Many wild rumors were floating about, and the excite- ment at Augusta was still intense."

Measures were taken without delay for the detection, arrest and punishment of the guilty person or persons. On December 10th, the board of supervisors offered a reward of $500 for the apprehension and conviction of, or for information leading to the apprehension and conviction of, the murder or murderers of Dr. Pierson, said reward not to be considered due until the conviction of the party or parties accused of the crime, which offer was limited by an amendment, providing that if the arrest should be made within the limits of the county, the reward should be a reasonable one to be determined by the board of supervisors, but not exceeding $500.

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Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 26

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

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