USA > Illinois > St Clair County > Historical encyclopedia of Illinois and history of St. Clair County, Volume II > Part 11
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COURT OF COMMON PLEAS AND QUARTER SES- SIONS .- The Court of Common Pleas and Quar- ter Sessions, held at Cahokia in 1790, had on its docket sixty-five cases, sixty-two of which were civil cases for debt, trespass, covenant, attachment, and ejectment. In seventeen of these Philip Rocheblave was plaintiff. In the first suit, Bridgett O'Hara was plaintiff and John McGarr defendant. Of the three criminal
cases, two were for assault and battery and one for larceny. John Sullivan and Hugh Crisholm were defendants in the first two cases and . Jean Baptiste Menard in the third, but the charge against him was not sustained.
John du Moulin, the earliest Judge of St. Clair County, was born in Switzerland, came to Canada and from there to Cahokia. He had a liberal education and was well read in the law; was a man of gentlemanly appear- ance, manners and attainments, and was for awhile Colonel of the St. Clair County militia.
TRIAL FOR "MURDER OF A HOG."-The follow- ing incident in connection with a court pro- ceeding at Prairie du Rocher is related by Governor Reynolds:
"I saw a record proceeding at Prairie du Rocher against a colored man for the murder of a hog. At that day no prosecuting attor- ney attended the court, and I presume the grand jury found the form of an indictment for murder in some book and applied it to the negro and the hog. The destruction of the hog was malicious mischief, which was, I pre- sume, the offense that the grand jury was investigating. The same equitable justice may have been done under the indictment for murder as if it were for malicious mischief and prosecuted by the best attorneys in the coun- try. Ejectment suits, growing out of disputed ownership of land, were frequent."
"In the front of one of the dockets of this court, this form of opening court is found: 'Oyes! Oyes! Oyes! Silence is commanded while the honorable, the Court of Common Pleas are sitting under pain of imprisonment. All persons having anything to do at this hon- orable court, either plea to enter or suit to prosecute, are requested to come forth and they shall be heard. God save the United States, and this their territory."
Rice Jones (1790-1801) (see Vol. I.) was the only practicing attorney in the Cahokia courts. He lived at Kaskaskia. Cahokia probably had no resident lawyer before 1794, when Isaac Darnielle came to the village and entered upon his brief but picturesque career there.
TERRITORIAL JUDGES .- It does not appear that there was any appeal from these courts. The United States Judges of the Northwestern Territory sat at the seat of government, at Cincinnati or at Chillicothe, Ohio. An appeal would have been impracticable. Judge Turner,
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one of the Territorial Judges, presided at a term of court in St. Clair County in 1795, that stirred up dissensions that led, during the same year, to the division of the county and the es- tablishment of Randolph County. Differences between Judge Turner and Governor St. Clair culminated in the unseating of the former. In 1796 Judge Symmes came to Illinois and held court in both counties. It is said that, at that time, courts were rarely convened and their sessions were disorderly and indecorous.
It appears that in July, 1791, Jean Munie accused Oriel, clerk to Gabriel, of having de- livered liquors at the Illinois River for Indiana trade. When the case was tried a verdict was returned for the defendant.
From remarks and observations to the Jus- tices of the Court of General Quarter Ses- sions, at their sitting at Cahokia, the first Tuesday in October, 1791, by James Piggott, one of the Justices of said court, we copy the following items of historical interest:
"Genteel Men: It is now one year and six months since this court set under an estab- lished constitution. And as yet we have not a prison in our county, for want of which the transgressors of the law pass unpunished, for a small fine on a great offender is no punish- ment if he be rich, but rather provokes and en- courages him to double crime-whereby he makes his honest neighbors afraid to prose- cute him; and if he be very poor, there is nothing to be recovered from him, but his ill will, which is very distressing to the honest and well-meaning inhabitants of our county. It is now about one year since I understood that there was a collection of money or prop- erty for building or repairing a house for a prison, and nothing further is done in that yet. It is a long time since the publication of an act for laying off our county into townships, and appointing clerks and overseers of the poor to each, and nothing is done in that yet. And should there be a longer omission of this duty, I fear the consequences will be evil."
FIRST GRAND JURY REPORT .- To that court, the first grand jury reported, October 4, 1791, as follows:
"We, the grand jury, are of the opinion that the streets of this village (Cahokia) should be repaired, and all other roads leading into said village, particularly the road leading to the Mis- sissippi. That the weights and measures of
this village be examined. That the millers be required and ordered to render good merchant- able flour, according to the wheat they re- ceive into their mills and the quantity, and that the millers be ordered and required to have sufficient and lawful scales and weights. That to prevent our neighbors, the Spaniards, from having all the Indian trade to themselves, that the citizens of this county be allowed to carry on their trade as usual in this village, with all the Indians who may come in a peace- able manner into this village, to trade goods, liquors, etc. That for the support of the laws and government of our county the speediest means be taken to have a proper jail in this village, such as the state of this district may afford in its present situation, on an immedi- ate examination. That a county road be laid out from this village to the end of the district, to meet the Prairie du Rocher road, and that all bridges in this district be repaired." --- [Signed]-"Matthew Saucier; Harmand, dit sans facon Pierre La Perche; Henry B. By- ron; Pierre Guion, dit Guitar; Laurent Amelin; Jean Lapense; Charles Germain; J. K. Simp- sony; Shadrach Bond; George Hendricks; Isaac Wert; William Arundel."
A "SPINSTER'S" INDENTURE .- "This indenture witnesseth: that Jean de Hay and Jean Boi- lieu, overseers of the poor in the township of Cahokia, in St. Clair County, by virtue of a law of this Territory of Indiana, in such cases made and provided, have placed, and by those presents do place and bind out a poor child, named Philis, aged six years, with Joseph Buelle, for twelve years from this date; to learn the arts, trade and mystery of a spinster, etc., she, the said Philis, to receive as compensation for the twelve years one wearing apparel suit- able for the Lord's Day and another for work- ing days."
JUDGES WHO KNEW NOT ENGLISH .- The ina- bility of some of the judges to read or speak the English language was emphasized by the order which appears in a record dated 1792: "Ordered that Mr. Jones do translate the laws of the Territory into French, for the use of the Judges, who do not understand English, and that he lodge the same with the clerk of this district." Rice Jones received' $100 for his work.
ODD PUNISHMENTS .- In August, 1794, the grand inquest returned indictments against
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Francois Quintett and his wife, Peligi, for stat- utory offense. At their trial they were found guilty. The punishment for the man was this: "Ordered that tomorrow, at ten o'clock in the forenoon, he be mounted on horseback with his face to the tail, and conducted through the town from the jail to the church door and then back to jail and then to be liberated." The woman's punishment was: "Ordered that she' lead the horse."
A kind of human nature which seems to sur- vive in certain public officials was active then. In an order made in 1795 the court "ordered some cases made for the preservation of the court's records in the cheapest manner possi- ble."
Some one suspected Louis Gevin of setting fire to some straw and burning the fences of the "inhabitants," but the grand jury returned a "no true bill." All persons cutting timber were ordered by the court to clear the public road of logs or pieces of timber. About that time the fence about the "town house" needed re- pairs, and the court ordered 600 mulberry pick- ets, seven and one-half feet long, cut. "Two dol- lars and four dimes" was the amount allowed the "high sheriff" for feeding pauper prisoners. A colt belonging to Franz Louvel which "fell into the well of the town house" cost the county several dollars.
"Quinten Le Jeur having left the country and flew from the laws thereof," the Sheriff was ordered to sell his horse at public sale.
August 16, 1794, the court ordered that "Au- guste Bellecoure is condemned to receive to- morrow at ten o'clock in the forenoon, fifteen stripes on his bare back upon the public place, for the non-payment of a debt."
At the January session, 1796, the court fixed the boundary of Leagle township, and returned one indictment for forgery. This seems to have been all the business transacted at that term. In 1797 indictments were - returned against "Lizette, an Indian woman," for kill- ing her husband; against William Goings and George Adams for stealing Indian squaws; and against four others (men and women) for statutory offenses.
CAHOKIA JEALOUS OF ST. LOUIS .- The same year the enterprising spirit of the future St. Louis was foreshadowed in this order made by the court: "Ordered that a pollite letter be wrote to the Commander of St. Louis to
request him to forbid the subjects of Spain from crossing the Indians from our side to the St. Louis side, we having a ferry established for this village." St. Louis was evidently get- ting the balance of trade in its favor, and the courts took steps to stop it. Whether they succeeded or not the records do not show. At the same term of court selling liquor to Indi- ans of the village of Cahokia was prohibited, under penalty of a fine of "$5.00 for every quart."
Playing hooky by grand juror», as is now done, was discouraged then. In 1796, a grand juror was fined $2.50 for being absent from a sitting of the jury. This jury requested that the streets of Cahokia be repaired, and "that taverns be regulated in regard to their charges."
Saloon licenses were cheap then. In 1797 Louis Panonnon was granted a tavern license on his bail and payment of $12.00 to the county and $4.00 to the Governor. French weights and measures were ordered by the courts to be the standard.
FURTHER TRANSACTION'S AT EARLY SESSIONS .- A Court of Common Pleas was held at Cahokia "within and for the County of St. Clair," on the first Tuesday of October, 1795, before John du Moulin, James Piggott, Shadrach Bond, Jean Baptiste Saucier and George Atchison, Judges.
The first case disposed of was a damage suit of Augustin Chouteau versus Joseph Ogle, for $12. It was dismissed at the request and at the cost of the plaintiff. The second case, that of James Henderson versus John Hoffman, for $35 damages, was also dismissed. John Rice Jones and Isaac Darnielle appeared in an as- sault and battery and false imprisonment case of Joseph Marrie versus Judge John du Mou- lin. It appears that du Moulin had beaten Marrie for contempt of court. The case was dismissed, Marrie paying the costs.
At the February term, 1796, Jean Guitarre sued Judge Du Moulin for having deprived him of a cow. The case was decided at the April term, that year, du Moulin paying $36 damages and $14.70 costs.
Following are the names of members of a grand jury empaneled at the July term, court of quarter sessions, at Cahokia: David Wad- dle, Leonard Harnish, Nicholas Jarrot, Abram Eyman, Joseph Carr, Camil Starr, James Gar-
M. W. BORDERS
RACHEL (ALCORN) BORDERS
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retson, Adam Strait, D. Brown, John O'Hara, Anthony Badgley, Solomon Shook, Jacob Short and Jehu Scott. Denois Valentin, of Cahokia, was indicted for keeping a billiard table for gambling purposes; Fraser (black) for as- sault and battery on Therese, a free woman of Cahokia; and Marianna Arnouse for assault and battery or some other slight offense. The latter was tried before a jury thus constituted: John Munier, Clement Trotier, Edward Hebert, Lorenz Schoenberger, Thomas Brady, Baptiste Saucier, Baptiste Chartrand, Antoin Cabassier, Raphael Danlireau, Michael Chartier, Joseph Manegre and Michael Beaulieu. She was found guilty and sentenced to pay $1.50 and costs. Rose Mallet, Madame Jean Louis, Madame Delongchamps, Madame Le Mai and Thomas Chartrand were witnesses in her case. At the July term, 1799, Ephraim Connor was indicted "for being a nuisance in living with John Gui- tarris' wife, Hannah."
FIRST CORONER'S INQUEST .- The proceedings of the Court of Common Pleas were not espe- cially interesting. When meeting as a court of quarter sessions its functions were similar to those of the Circuit Court of today. At the October term, 1800, Robert Hamilton appeared. as Prosecuting Attorney for the United States and John Hay as Recorder. Nicholas Jarrot was sworn in as a Judge at the March term, 1801, and Jean Francois Perry at, the April special term. At the latter session, Adam Shoud was indicted for Sabbath-breaking. A special session was held May 6, that year, at which stringent measures were taken to pro- tect St. Clair County from small-pox. The dis- ease was then epidemic in St. Louis. At this term was presented the return of the first coroner's inquest held in the county. John Whiteside (see Vol. I. of this work), acting Coroner, certified that Daniel Lyons, whose body had been found in John Moredock's well, had died accidentally, of strangulation.
IMPRISONMENT FOR DEBT .- Imprisonment for debt was not infrequent. The first recorded case, that of Baptiste Mercier, was recorded at the June term, 1801: "On notification of Jean Francois Perry, that Baptiste Mercier, in prison, takes advantage of the law for insol- vent debtors, the prisoner was called to give his oath and be examined by his creditors ac- cording to the said law. The said Mercier gives up to his creditors the sowing of three
bushels of wheat, and a bull of two, going on three, years old. The prisoner made the oath according to law, and by order of court is dis- charged." In June, 1822, Pierre Petit swore that he owed Catharine Beauchamp and M. Marneiche $2,373 and scheduled these assets: Six gross brass curtain rings; cash, fifty cents; one cork screw; six bottles eau de cologne; one bed-in New Orleans. His schedule brings to mind schedules filed more recently in the bankruptcy courts, by certain managers, actors and men about town. When he signed it he proved himself an accomplished penman. Pro- bate Judge E. P. Wilkinson discharged him and appointed Zachariah Stephenson assignee.
EARLY LAWYERS .- Next after John Rice Jones (see Vol. I.), in order of appearance in the courts at Cahokia was Isaac Darnielle, who, by some, is said to have been the first resident lawyer. Darnielle was reared in Maryland and was of good presence and abilities. However, he was indolent and morally warped and never fulfilled the expectations of many who for a time wanted to be his friends. "He never mar. ried," writes Brink, "yet apparently was never without a wife. His only aim seemed to be to lead an easy and luxurious life. In Febru- ary, 1797, the Court of Common Pleas made this entry: "Ordered that for several contempts and disorders in this court, and by reason of his horrid moral character, Isaac Darnielle be admitted no more to plead in this court." At the July term of the same year, this order was modifled so the "attorney on whom the order of silence had been administered" be permitted to finish the unfinished business he had on hand when the silencing order was passed. Eventually, Darnielle abandoned his profes- sion and taught school in Kentucky, where he died in 1830. He was born in 1770 and came to Cahokia in 1794. Then he was reputed to have studied for the ministry of the gospel be- fore determining to be a lawyer.
William Mears was the next lawyer. Rey- nolds says "he reached Cahokia as if he had dropped from the clouds, without horse, clothes, books, letters or anything except him- self-a singular and uncouth looking Irish- man." He was born in Ireland in 1768 and had taught school in Pennsylvania. He had not been a hard student, but by application and diligent study he became in time creditably learned in the law and lived comfortably from
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his practice. He was at one time Clerk of the House of Representatives. In 1814, Governor Edwards appointed him Attorney General of Illinois. He followed the courts from Cahokia to Belleville, and died there in 1826. In 1809, Samuel D. Davidson, a young lawyer of no con- spicuous talents, came to Cahokia. He taught school and was active in affairs looking to the War of 1812. He did military service in the war and, when the war was over, went to some other part of the country. John Rector, James Haggin and Benjamin H. Doyle came in 1804-09.
FIRST ROAD PETITION .- The record of the lay- ing out of a public road in the county is dated earlier than 1795, five years after the county's organization. Following is a copy of the earli- est petition on file :
"To the worshipful Court of Quarter Ses- sions of the place, holden at Cahokia, in and for the County of St. Clair:
"The humble petition of the inhabitants of Turkey Hill showeth:
"That, whereas the laws of our Territory providing for opening of roads have put it in our power and made it the duty of your wor- shipful body to issue your order for the survey- ing and opening public roads when and where your worshipful body thought fit and necessary, if the inhabitants shall signify the same by petition,
"Therefore, we, the inhabitants of Turkey Hill, think it extremely necessary to have a road established from our said district of Tur- key Hill to the village of Prairie du Pont, which we pray you to consider immediately and grant by giving orders for surveying the same, and we, your petitioners, as in duty bound, will ever pray."
Among the names signed to this petition were those of John Porter, William Radcliffe, Lewis Rail, Lawrence Shookey, P. Pinceneau, Pierre Beguin, John Hays, John du Moulin and Jean Francois Perry.
EARLY COURTS AT BELLEVILLE .- JUDGES .- The first court session at Belleville, June 12, 1815, was held by a United States Judge who held the first Territorial courts in Illinois-Jesse B. Thomas, a man of talent, especially in poli- tics, of fine appearance and address and of dignified and respectful bearing. In 1818 he was elected to represent St. Clair County in the convention which framed the first State
Constitution and was chosen President of that body. At this first court session, William Mears was Prosecuting Attorney and John Hay, Clerk.
In 1817 Illinois Territory was divided into three judicial circuits, with St. Clair County in the first, the court of which was presided over by Jesse B. Thomas as Judge, with C. R. Matheny as Prosecuting Attorney. In 1818 the Judges presiding were: Daniel Pope Cook at the March term, and John Warnock at the July term. Judges Thomas, Cook and Warnock all held office under the Territorial Govern- ment.
In February and June, 1819, John Reynolds presided. Joseph Phillips held court in No- vember, 1819, and June, 1820. (During the first term, Nicholas Hanson served as Prosecuting Attorney, and during the second, William H. Brown, afterwards a prominent citizen of Chi- cago, acted in the same capacity.) John Rey- nolds held court eleven successive terms- from August, 1820, to August, 1824; Samuel McRoberts at the March term, 1825; and Rich- ard M. Young at the terms of March, 1825, and March and August, 1826. Theophilus W. Smith held court for five terms from March, 1827, to August, 1828; Thomas C. Browne, August term, 1829; Theophilus W. Smith, ten terms until April, 1834. Thomas Ford held court at the March term, 1835; Sidney Breese, all terms from 1835 to 1842, except that of November, 1840, when he was succeeded by Walter B. Scates; James Semple, May term, 1843; James Shields, August term, 1843, May and October terms, 1844; Gustavus Koerner, 1845-49; W. H. Underwood, 1849-55; Sidney Breese, 1855-57; William H. Snyder, 1857-1861; Joseph Gillespie, 1861-73; William H. Snyder, -1873 to 1891; Alonzo St. Clair Wilderman, 1891-97; M. W. Schaeffer, 1897-1903; R. D. W. Holder, present Judge.
Under the Constitution of 1818 and until aft- er the first judicial election under the Consti- tution of 1848, the Judges of the Supreme Court officiated as Judges of the Circuit Courts, aided at two different periods (1825-27 and 1829-41) by Circuit Judges appointed under special acts of the General Assembly. Those in the preced- ing list who served on the Supreme Bench were: Reynolds, Phillips, Smith, Browne, Scates, Semple, Shields and Koerner. Ford, although later a Justice of the Supreme Court.
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served in St. Clair County only as Circuit Judge, while Judge Breese served in both ca- pacities-first as Circuit Judge and, in 1842, as a member of the Supreme Court, to which with Ford, Scates and two others not men- tioned in this list, he was appointed in 1841. The remainder of those in the above list were Circuit Judges, including all who presided in St. Clair Circuit Court after 1848. With one or two exceptions, sketches of all the Su- preme Judges mentioned in the preceding list, with many of the Circuit Judges, will be found in the "Historical Encyclopedia" (Vol. I.) part of this work. (See reference to "Judicial Cir- cuits" in latter part of this chapter.)
PROSECUTING ATTORNEYS-1820-1906 .- William Mears, 1820; Samuel D. Lockwood, 1821; Adam W. Snyder, 1822; James Turney, 1823-25; Alfred Cowles, 1825-32; James Semple, 1833-34; Ninian W. Edwards, 1834 (September term); Jesse B. Thomas, Jr., 1835-37; Usher F. Linder, Josiah Fisk (pro tem.), 1837-1838; G. W. Olney, 1838; Joseph Gillespie (vice Olney, who became At- torney-General), 1838; Wickliff Kitchell, 1839; William C. Kinney (vice Kitchell, who became Attorney-General), 1839; William H. Under- wood, 1840-44; Hilliam H. Bissell, 1844-48; Phil- ip B. Fouke, 1848-54; William H. Snyder, 1854- 56; William C. Kinney, 1856-58; A. W. Met- calf, 1858-60; John B. Hay, 1860-68; Robert A. Halbert, 1868-72; C. P. Knispel, 1872-76; W. H. Brockhaus, 1876-80; Robert D. W. Holder, 1880-88; M. W. Schaeffer, 1888-96; Martin W. Baker, 1886-1900; James H. Farmer, 1900-04; F. J. Tecklenburg, 1904 (in office in 1906).
CIRCUIT CLERKS .- Until 1880 the Circuit Clerk was ex-officio Recorder of Deeds. Those who served in this capacity were: John Hay, 1815- 41; William C. Kinney, 1841-45; Theodore En- gelmann, 1845-52; W. S. Thomas, 1852-64; Hen- ry A. Kircher, 1864-68; G. M. Roeder, 1868-72; Charles Becker, 1872-80; H. H. Stolberg, 1880- 84; Fred E. Scheel, 1884-88; Thomas May, 1888-1904; C. E. Chamberlain, 1904 (in office 1906).
EARLY SHERIFFS .- William Biggs was ap- pointed by Governor St. Clair Sheriff of St. Clair County and was holding the office in 1795. George Blair was the incumbent in 1799, and John Hays in 1802. Records do not disclose the exact tenure of office of either of these early Sheriffs. Hays was succeeded by Wil- liam A. Beaird, who was the first Sheriff of
St. Clair County after Illinois became a State. The names of subsequent Sheriffs are given elsewhere.
EARLY STATE COURTS .- The first Judges of the Supreme Court were all young men with- out long practice at the bar. The law was ad- ministered then with less form and ceremony, but doubtless with as much equity and justice as in later days. We quote one characteristic description by Governor Reynolds:
"The first court I held was in the spring of 1819, in Covington, Washington County, and it was to me a novel business. I commenced my official business among my old comrades with whom I had been raised, ranged in the war with them and lived with them in great inti- macy and equality, so that it was difficult, in my situation, to assume a different relationship than I had previously occupied with them. And moreover, I utterly detested a kind of mock dignity that is sometimes assumed. Both the Clerk and the Sheriff of Washington Coun- ty were rangers in the same company with myself, and it seemed we were still in the United States service, ranging on equal terms in pursuit of the Indians. And it appears that the Sheriff, Bowling Green, entertained the same opinion, as he opened the court in a very familiar manner. While sitting astride a bench in the court house, he proclaimed, without ris- ing, that 'The court is now opened; John is on the bench.' This was my familiar name in the war.
"Not long afterwards, in Union County, the Deputy Sheriff opened the court (myself pre- siding) by saying: 'Oh, yes!' three times, and then in a solemn manner proclaimed: ‘The Honorable Judge is now opened.' He mistook the Judge for the court. This mistake created much merriment, when the occasion should have been serious. I knew that a solemn, seri- ous dignity and decorum were necessary and proper in the proceedings of courts; but in my case, and the officers generally, it was al- most impossible to assume that character.'"
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