Historical encyclopedia of Illinois and history of Montgomery County, Volume II, Part 16

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed
Publication date: 1918
Publisher: Chicago : Munsell Publishing Co.
Number of Pages: 810

USA > Illinois > Montgomery County > Historical encyclopedia of Illinois and history of Montgomery County, Volume II > Part 16

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Telegraph and Telephone property. 33,490

Total one-third value .$15,722,516

CHAPTER VII.

COUNTY INSTITUTIONS.

PUBLIC BUILDINGS - FIRST COURTHOUSE - SECOND COURTHOUSE - THIRD COURTHOUSE - IMPROVED COURTHOUSE - CONTEST OVER LOCATION OF COUNTY SEAT-THE OLD JAIL-THE PRESENT JAIL-THE COUNTY POOR FARM-THE COUNTY'S GROWTH IN POPULATION-RETROSPECTIVE.

PUBLIC BUILDINGS.

Public buildings, whether of county or private ownership are indicative of the necessities of the day, and show the material growth of the county or of the parties interested. A brief ac- count of the building of suitable structures for the accommodation of the public, and such other public interprises as we have the data for, will be given here, believing that such will add to the completeness of this record.

FIRST COURTHOUSE.

When the town of Hamilton was laid out for the county seat site, the county commissioners

ordered a courthouse to be built there. That house was to be, according to the official rec- ords : "a hewn log house, 24 by 20 feet, one and one-half stories high, with plank floor loosely laid down, five glass windows, three below, and two above, of twelve lights each, shingled roof, hewn or sawed joints, a decent and substantial door, and shaved boards nailed over the cracks inside, well fitted end to end to be plastered with mud on the outside, to be done by the May court for the county to be let to the lowest bidder on the premises on the site of justice in this coun- ty, on the 15th day of the present month. Dated December 4th, 1821."

The contract was let to John Seward who gave bond for the performance of this contract with John B. Seward as bondsman. The con- tractor went to work and quite a pile of the logs were hauled to the grounds before the op- . position to the site assumed organized shape, but when it became apparent that the building would not be accepted at that location, the work was stopped, and eventually the contract de- clared null and void and the bond was cancelled. Thus ended Hamilton, now only a reminiscence, and today not a single tangible thing exists to mark its location.

Again, after the legislature had appointed a new commission to locate a county site, and their work had been completed, and the report made thereon, the county commissioners met in August, 1823, and issued an order for a court- house to be erected in the new town of Hills- boro. This order read as follows: "To be built of hewn logs, 24 by 20 feet, two stories high, the logs to pace one foot on the average, the lower story to be eight feet between the floors, and the second story to be six feet clear of the roof, to have two doors below and one window below and one above. Two good plank floors to be jointed and laid down rough, shingled room, the cracks to be close, chinked and plastered with mud, doors to have good, strong plank shutters, the windows to contain twelve lights each of glass, 10 by 12 inches. All to be completed in a strong manner by the first day of December next. The public letting to be held July 12."

This courthouse was to be furnished with five seats, to be of flooring plank, eight feet long and one foot wide. They were to rest on cross Dieces or uprights of the same kind of plank, fourteen inches high and to have a strap three inches wide of plank to run on each edge of the seat, and each upright to be nailed with four

MONTGOMERY COUNTY COURT HOUSE

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HISTORY OF MONTGOMERY COUNTY

county demanded and in that manner it was made to serve the county's purpose till 1868, when extensive modifications were made by the county commissioners. These additions and changes were so extensive that when completed it was called the Fourth ,Courthouse. It con- tains the following rooms: First story : circuit clerk's office, county clerk's office, county judge's office, county courtroom, sheriff's office and treas- urer's office. Second story : circuit courtroom, supervisor's room, school superintendent's office, and attorneys' consultation rooms. Basement : ladies' restroom, county museum, toilets, fur- nace and storage rooms. The property as it now stands is valued at $135,000.00, including the furnishings.

The courthouse is located on the highest point of land within the limits of Hillsboro, and stands out as a landmark, beautifying the landscape. The courthouse square is kept in fine condition and the stately trees add to its beauty.

CONTEST OVER LOCATION OF COUNTY SEAT.

As is usual in the majority of the counties in this and other states, there has been some con- troversy relative to the location of the county seat, which began with the refusal of the county to accept the selection of Hamilton as the seat of justice by the first board of commissioners. However, the second choice of Hillsboro has been in force ever since 1823, although Litch- field has endeavored to have a change made. When it was proposed to build a new courthouse soon after the Civil War, the question of a re- moval of the county seat to Litchfield became , very serious and the commissioners found it would be desirable to remodel the old courthouse, rather than to risk a change in the event of deciding upon the erection of a new one. It was claimed by those who advocated the desira- bility of a removal to Litchfield, that the cost of remodeling the old courthouse was in excess of that of building an entirely new one, but those who had the matter in charge felt justified in the results. At any rate the county was spared the confusion and disruption always attendant upon a disturbance of the county business when any change in location occurs.

THE OLD JAIL.

The old gaol, or spelling it as we pronounce it, jail, was the result of a necessity that seems

to be an unnecessary appendage to civilization. The county had been organized, with only a few hundred people, for less than a half dozen years, when the commissioners found that they would have to erect such a building, or stop the sale of liquors and civilize a few of the citizens. Ac- cordingly, after due notice had been given, they met on the first Saturday of April, 1828, and let a contract for the building of such a struc- ture. It was not to be noted for its artistic ap- pearance, but rather for its strength. The speci- fications were that it should be built of logs, twelve inches square, and was to be two stories high. The lower floor was to be built of timbers twelve inches square, and laid close together. The lower story was to be seven feet high in the clear. The walls were to be three inches in thickness, each twelve inches thick, an outside and inside wall laid horizontally, and between these two walls, there were to be logs of the same thickness set perpendicularly ; making three feet of wall, a veritable fort that would have withstood any shooting arms known at that day. The outside dimensions would be eighteen feet as the specifications called for twelve feet in the clear for the lower story. The ends of the logs in the walls were to be dovetailed so that the immense weight would prevent the removal of any logs, thus prevent- ing escape. This treble wall only went to the upper story, as that was only to have one wall of twelve inches. This wall, however, was to be very substantial, the logs being dovetailed one half of their thickness. This story was also to be seven feet high, on the inside clear of floor or ceiling, and used for sleeping purposes. The whole of the outside height of the building to be eighteen feet. The ceiling above the sec- ond story was also to be of the thickness of twelve inches, and above this and around the building was to be laid a plate on which the rafters were to rest, this plate was to be spiked down to each end of every log with six iron spikes. The roof was to be made of good black oak jointed shingles. These shingles were to be three-fourths of an inch thick at the butt, tapering down to a less thickness at the upper end. They were to be nineteen inches long, and were to be put on with shingle nails, and only to show to the weather six inches. One window was to be made in the lower story, by cutting away a part of two logs, and the inner wall logs, and this window was to be protected by a heavy iron grating on the outside, or between the walls.

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HISTORY OF MONTGOMERY COUNTY

This jail was very strong, and uninviting, and was little used, the older people who remember say. Often the nearby neighbors used it as a sort of storage place for their surplus property, but the occasional incarceration of some obstrep- erous and unruly brute, together with the knowl- edge that, if they ever got in there and the lock - was turned on them, that when they got out it would be when the court ordered it, served the purpose of restraining the vicious and protecting the peaceable and defenseless. The history of a jail is a gruesome subject. The tragedies and the miseries connected with their use, can not be interesting reading to one who is pos- sessed with a normal and ethically trained mind.

THE PRESENT JAIL.

After the remodeling of the courthouse an abundance of room was provided in the north portion for the jail and jailer's residence, cells and corridors were provided for all apparent needs. It was very good for the times and rea- sonably safe, though some prisoners did escape,. notably a man named John East who was in under a charge of murder for the killing of Dan Wells, during the time of Aaron Butler as sher- iff. East was never captured, though he was known to a few to have been in the county for some weeks after his escape.

Some few years ago, the business of the court- house became so extensive that more room be- came necessary, and the board of supervisors determined to erect a new jail for the purpose of providing the required room for the court- house officials, and at the same time for the better protection of the prisoners. Accordingly, a site was selected about a block north of the courthouse, and a large brick structure erected, modern in all its apartments and conveniences, sanitary and safe, and in appearance as ele- gant as may be found. It is reputed to be one of the best of its size in the state. There are some fifty cells and large reception rooms and corridors for the exercising of the inmates, and comfortable quarters for the jailer and his fam- ily, so that the prisoners may receive attention at any time required. There are no gallows pro- vided, hence when a hanging was recently de- creed by the court of a brutal negro murderer, named Cromer, a gallows was shipped in from Belleville and used for the purpose. This recital is given merely as history, and not because of any attraction it may have for the sensitive reader.

THE COUNTY POOR FARM.

When the county was first organized, its offi- cers recognized that one of its functions was to see that the needy and indigent poor within its borders did not suffer. Hence we find the com- missioners at an early day letting contracts with individuals to care for the needy, and later arranging for a suitable building where they might be cared for in such a way as to limit the cost to the county. An attempt to establish a county farm was first made in 1847, when Wil- liam Grantham sold a farm to the county com- missioners. A "poor farm" was selected just west of Irving on what was known as the Charles Preston farm, but a majority of the commissioners next elected did not like the location, and a farm was bought in section 1, of town 8-4, and a building erected thereon. This was the farm afterwards occupied by William Couten, the contract being let March 27, 1874, for $3,900. The selection again proved unsat- isfactory, and in 1874 the supervisors bought eighty acres from Mr. Blackburn in East Fork and Hillsboro townships, about two miles south- east of Hillsboro. The deed made to the county supervisors of Montgomery County by O. Black- burn gives the location of the farm as "the east half of the northeast quarter of section 24, eighty acres, and part of the east half of the southeast quarter of the same section, sixteen acres; west half of the northwest quarter of section nine- teen, and part of the west half of the southwest quarter of the same section, making 172 acres in all, the purchase price being $35 per acre." It is dated May 1, 1874. The buildings were completed and accepted as originally specified September 9, 1874. This farm had on it a very suitable building and from time to time the farm and the buildings have been enlarged, till now there are 212 acres and commodious build- ings, where the old and infirm are carefully and tenderly cared for. The present superintendent, S. E. Barringer, has had eight years' experience and is especially adapted to this kind of work. A county physician is ever ready to answer calls at any moment and in every way the needy are humanely cared for.

THE COUNTY'S GROWTH IN POPULATION.

The several census reports show the growth of the county as fully as can be given, as follows : 1830, 2,953 inhabitants; 1840, 4.490; 1850, 6,277;

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HISTORY OF MONTGOMERY COUNTY

1860, 13,979; 1870, 25,314; 1880, 28,086; 1890, 30,003; 1900, 30,836; 1910, 35,311.

RETROSPECTIVE.

When Montgomery County was organized in 1821 she had less than 500 inhabitants. She has grown steadily, but with no mushroom ten- dency. By 1832 our population had been some- what increased, but was probably less than 2,000. Chaicage had had an existence as a government fort, but then had only about 250 people, but by 1838 she had 8,000 souls, and her future was assured. In 1837, Alton had 2,500; Peoria, 1,800; Beardstown, 1,000; Belleville, 700; Bloomington, 700; Vandalia, the state capi- tal, 850; Graften, 500; Edwardsville, then a pretty old town, had only 400. Decatur then had 400. Charleston and Greenville, both then sev- eral decades older than Hillsboro, had only about 200 each. So that Hillsboro had as good chance to grow as any of those that did become great cities, so far as the matter of a good start was concerned. The growth of the county and state is shown forcibly in the changes in the congressional apportionment of the state. Prior to 1832 the whole state was one congressional district. During that year a congressional ap- portionment was made and the state divided into three districts. The second district con- sisted of seventeen counties of which Mont- gomery County was one. The second apportion- ment was in 1844, when the state was divided into seven districts. Our county together with six other counties constituted the third district. In 1852 the third districting took place and Montgomery County with nine others fell in the sixth district. Again a new apportionment was made in 1862, when the state was divided into nineteen districts, the tenth, being com- posed of Montgomery and nine other counties. The fifth apportionment was in 1882. There were twenty districts and this county and five other counties made up the seventeenth district. In 1893, the sixthi apportionment was made; Montgomery with five other counties was put in the eighteenth district, there being twenty-two districts in the state. The seventh and last ap- portionment of the state was made in 1901, when the state was divided and our county, with three other counties, composed and now constitute the twenty-first district.

CHAPTER VIII.

COURTS, BENCH AND BAR.

COURTS NECESSARY - EARLY COURTS - COUNTY COURTS-THE COUNTY COMMISSIONERS-CIRCUIT COURTS - LITCHFIELD CITY COURTS - FORMER MEMBERS MONTGOMERY COUNTY BAR-FIRST LAW- YER-MONTGOMERY COUNTY BAR AT PRESENT- THE LITCHFIELD BAR.

COURTS NECESSARY.

Courts have in all stages of civilization been recognized as necessary for the settlement of dis- putes, and the protection of the rights of the weaker in judicial, and property matters. Law- yers, or pleaders at the bar, have been accepted by the public as unavoidable appendages to the orderly management of the affairs of court. The ambitious young man of the past thought that to study law and practice at the bar af- forded him an opportunity to rise to positions of fame, and indeed it must be said that many of our brightest public men have come up from such training as is thus afforded. The really great men of history, however, have earned their renown by intrinsic merit which is not bestowed by profession, but is acquired by honesty of pur- pose and reliance on the principles of righteous- ness.

Some account of the county's courts and courtsmen will here be given.

EARLY COURTS.

The Legislature of 1820-1 passed an act cre- ating the County of Montgomery and appoint- ing Melchoir Fogelman, James Street and Joseph Wright as a commission to locate the county site. The commissioners met at the home of Joseph McAdams, and after deliberation, a site was selected for the site on the Starr place, which they named Hamilton. Mr. D. M. Starr says that his father owned the land on which Hamilton was laid off, and that it was the tract just north of the Andrew Killpatrick place, now owned by the Helstons. The first term of the circuit court, as well as the commissioners court, was held at Joseph McAdam's residence and

Jos.J. Durston. & Family.

10 JOUR - TUNING

# The Homestead. A den g. Durstar

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HISTORY OF MONTGOMERY COUNTY

was presided over by Judge John McReynolds, Hiram Rountrec, clerk, and Joel Wright, sheriff. It is further stated in various records, that the first court of the newly organized county was held at the house of Joseph McAdams, near where Taylor Springs now stands, and that the meetings of the commissioners to relocate the county site were held at the house of Luke Lee Steel, also located near the site of Taylor Springs, until the building of the courthouse at Hillsboro. Judge Rountree having just located in the uew county, was elected the first circuit clerk of Montgomery County, and on October 15, 1821, the first court was held in Montgomery Couuty. It was conducted in the cabin of Joseph McAdams, which was 18x20 feet, Judge Rey- nolds presidiug. Mr. Rouutree kept the records ou a table made of puncheons. The petit jury after hearing a case, would retire to the shade of adjacent trees to deliberate upou their verdict. During the following year the county ordered the building of a courthouse in the town of Hamu- ilton, and the logs were hauled to that locatiou. The Legislature which conveued iu 1823, how- ever, changed the plans, by passing an act to relocate the county site, in compliance with the wishes of the majority, and appointed a new board of commissioners, composed of Elijah C. Berry, Silas L. Wait and Aaron Armstrong, and they selected Hillsboro, as related in another chapter. In spite of a change in the location of the county seat, the courts continued to con- vene at the homes of Joseph McAdams and Luke Lee Steel until the courthouse was built at Hills- boro.

COUNTY COURTS.

The county court has concurrent jurisdiction with the circuit courts in all cases of appeal from justices of the peace and police magistrates aud in all common law matters where the value of property does not exceed $1,000; concurreut jurisdiction with the courts of record in con- demnation and special assessment cases; exclu- sive jurisdiction in voluntary assignments, rc- leasement of insolvent debtors, trials for the right of property, commitment of insane and the support of paupers by their relatives ; objections of the sale of real estate for the nonpayment of general or special taxes, are heard in the county court, and all inheritance taxes are levied and collected under its direction. The official bonds of most of the county and township officials aud

the yearly reports of clerks, justices of the peace, states attorneys and other officers, of fees collected are subjected to the approval of the county court. The above gives in brief the duties of this court in Montgomery County, and from it may be easily ascertained how import- ant it has always been to have men of the ut- most probity on the bench. During the first several years of the county's history, the busi- ness which later devolved on the county court was performed by a board of three county com- missioners, one of whom was commonly known as the judge, and the other two as associate judges. Their activities, however, seem to have been confined to the financial and probate af- fairs of the county, leaving criminal matters almost exclusively to the justices of the peace, and the circuit judges. These so-called judges were not attorneys and not possessed of exten- sive knowledge of law. They were fortunate, however, in having Judge Hiram Rountree, who had studied law and was well read in matters of legal procedure, as the clerk of the court during all of the county's early history.

We here give the names of those who served as county commissioners from the organization of the county down to the adoption of township organization.

THE COUNTY COMMISSIONERS. .

The duties of the county commissioners court were supervisory and varied. They had charge of the elections selecting the judges and clerks, and determining the districts ; they were in gen- eral charge of the highways, appointing local officers to look after their care; they cared for the indigent and needy, and provided homes for the homeless; they superintended the other offi- cers of the county and appointed the jurors for the county and circuit courts; and had gen- eral charge over the probate and financial af- fairs of the county. Their duties were faith- fully performed and their records ample, though rudely kept. The first board of county com- missioners were John Beck, John McAdams and John Seward in 1821 aud served one year. This board was followed by Newton Coffey, Harris Reavis and Richmond Baker in 1822. In 1823, James Wilson came into the board as the snc- cessor of Mr. Baker, the other two remaining on duty. In 1824, Samuel Parr, James Walker and Anthony Street constituted the board, two of these remaining in 1825, Mr. Parr being su-

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HISTORY OF MONTGOMERY COUNTY

perseded by James Williams. No change was made in 1826, and in 1827, Easten Whitten, Joseph Wilson and Jacob Cress were elected. In 1828, 1829 and 1830, the board consisted of William Griffeth, Joseph Williams, and James Bostick. In 1831, Lloyd Mortan succeeded Wil- liams, the other two holding over. In 1832. Aaron Casey, Thomas Mann and John Meicen- heimer assumed the positions, being succeeded in 1834 by Richard Bradley, William Griffeth and Joseplı Williams. In 1836, Jacob File, James Wilson and John Meicenheimer consti- tuted the board. In 1838, Thomas Jones, William McDavid and James Wilson are recorded as act- ing ; Mr. Wilson was superceded in 1839 by All- drew Burk. In 1840, D. D. Shumway succeeded Mr. Wilson with no other change till 1843, when we find Israel Fogelman as the successor to Mr. Shumway, and in 1844 Spartan Grisham and Amos L. Clotfelter with Israel Fogelman per- formed the duties of the office. In 1845, there was no change except that Alfred Bliss came on as the successor to Mr. Clotfelter. In 1847, Bazzle Hill succeeded Mr. Grisham, and in 1850 Joseph H. Rolston was elected county judge with Austen Whitten and Eli Deshane as associates, the term commissioners being by this time al- most obsolete, the officers being known as judges. Judge Ralston resigned in 1852, and E. Y. Rice succeeded to the judgeship. In 1853, Hiram Rountree succeeded Mr. Rice with Jefferson Lynn and Robert Terry as associates. In 1854, Stephen R. Briggs succeeded Mr. Terry with no other change till 1862, when John T. Beckham succeeded Mr. Lynn as associate judge. In 1866, J. C. Hanner and William Fitzjerrell were elected as associate justices and served till in 1870, when Edward Lane was elected county judge with William Chapman and J. Bowers Lane as associates. These continued till 1874, when township organization being adopted the functions of the commissioners devolved on the board of supervisors and the commissioners court became a thing of the past.

CIRCUIT COURTS.

The circuit court has jurisdiction, concurrent with the superior court in all cases of law and equity and in appeals from inferior courts. Under our present laws, the state is divided into several judicial districts, and Montgomery County is in the fourth district, comprising nine counties. Each district elects three judges, who

prorate the terms in the counties according to their conveniences. Under this system a county may or may not have representatives on the cir- cuit bench. Those who have been honored with positions on the circuit bench from Montgomery County, and the years when elected have been : E. Y. Rice, 1857, 1861, 1867, 1870 ; Jesse J. Phil- lips, 1885 and 1891; Thomas M. Jett, 1909 and 1914. The term is six years.

LITCHFIELD CITY COURT.

The jurisdiction of the city courts of any mu- nicipality is as follows : All action on contracts where the amount claimed by the plaintiff ex- ceeds $1,000; all actions for the recovery of personal property, the value of which exceeds $100; all action for the recovery of damages for the conversion of personal property when the amount sought to be recovered exceeds $1,000; criminal cases of the grade of felony, except treason and murder, and cases of habeas corpus ; civil actions for the recovery of money, only when the amount does not exceed $1,000; actions for the recovery of personal property when the amount does not exceed $1,000; actions of forcible detainer; actions and proceedings over which justices of the peace have jurisdic- tion and actions not otherwise provided for by the act ; quasi-criminal actions ; proceedings for the prevention of crime; for the arrest, exam- ination and commitment of persons charged with personal offenses ; proceedings involving the use of search warrants.

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Historical encyclopedia of Illinois and history of Montgomery County, Volume II, Part 16

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed Publication date: 1918 Publisher: Chicago : Munsell Publishing Co. Number of Pages: 810

Author: Bateman, Newton, 1822-1897, ed. cn; Selby, Paul, 1825-1913, ed. cn; Strange, Alexander T., ed
Publication date: 1918
Publisher: Chicago : Munsell Publishing Co.
Number of Pages: 810