USA > Illinois > Warren County > Historical encyclopedia of Illinois and history of Warren County, Volume II > Part 27
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The bastile was constructed on an original plan, perhaps prepared by Clerk Daniel Mc- Neil, who had been a contractor and builder before coming to Monmouth. The specifica- tions required that the jail be "sixteen feet long by fourteen feet wide, and of the follow- ing description, to-wit: Dig into the ground
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HISTORY OF WARREN COUNTY.
two feet, and lay a double floor of good white , or overcup oak, one single floor to be laid east and west, and one single floor to be laid north and south across the first, each piece to be twelve inches deep and twelve or more inches wide. The lower story to be seven rounds high, each round twelve inches, and the wall to be two feet thick; the lower part, to wit three feet high, to be of good sound white or overcup oak. The second floor to be twelve inch square oak timber; thence a sin- gle wall of one foot thick, seven feet high, thence a floor of timber of one foot square. Every piece in the building must be good sound oak, dovetailed at the corners, and well notched so that the logs shall lay close one upon an- other. All the floors to be close joists. The whole to be covered with a good short shingle roof. A window or air hole to be in the lower story, to be six inches by twelve inches, with bars of iron across each way, to be let into the building when laid up. One door in the upper story, to be two feet and a half wide by five feet high, with two good strong double shut- ters, one inside and one outside, made of good white oak two-inch plank, well spiked together with spikes at least four inches long, and the spikes not to exceed two inches apart; with stout iron hinges, and each door to have a large stout iron lock in the manner of a stock lock. The whole to be done in a neat and work- manlike manner, and to be completed on or be- fore the first day of June next. Also a scuttle- hole or hatchway through the center of the middle floor, to connect the two stories, two feet square, to be covered with a strong double door hung with stout hinges and fastened with a stout padlock; and an air hole or window in the upper story, similar to a plan to be seen at the clerk's office." The first story was the jail proper. Entrance was by an outside stairway leading to the second story. Prisoners were taken to the second floor and let down through the hatchway. The heavy trap door, secured by iron hinges and a padlock, then closed them in. One prisoner once attempted to burn his way out of this building,-a big under- taking, considering the thickness of the walls. The windows were too small to allow the smoke to escape, so that he was soon almost suffocated and had to call for aid to save his life.
Although no records can be found to say, it is probable that the Indians who were tried
for the murder of William Martin were the first prisoners confined in this jail. An entry in the records of the commissioners, under date of September 2, 1833, shows that the sheriff was paid the sum of $127.50 for dieting four Indian prisoners for eighty-five days, con- fined in the jail from March 20 to June 15, 1833. Other entries show payments to other individuals for services in guarding prisoners in the jail during that period.
This jail was sold June 29, 1840, to L. C. Woodworth, , one of the contractors for the second jail, for $62.50.
The jail just described was used about seven years, then the county commissioners decided upon the erection of a larger and more im- posing structure. 'The first order, entered March 22, 1839, was "that the county commis- sioners will proceed to build a jail; the plans, place and time of letting contract yet to be agreed on." June 11 of the same year an- other order was made in almost the same words, but providing that the jail be built on lot 9, block 24, the site of the old log jail. July 18 the commissioners met and prepared the plans and specifications for the building, and the next day the contract for its erection was let to L. C. Woodworth and C. S. Merrill at $8,495.
The specifications provided for a jail and jailor's house in one building, 30 by 36 feet in size. The jail proper to be in the rear, and 20 by 22 feet in size. The first story of this department was to be of stone, with outside walls two feet thick, and partition walls eigh- teen inches thick. It was to be sunk about four feet below the first floor of the jailor's resi- dence, and to contain four cells, or dungeons rather, from which escape would be impossible. Above these dungeons were to be two stories of cells, four in each. These stories were to be of brick, the outside walls eighteen inches and the inner ones thirteen inches thick. All the doors to be of heavy plank, with barred air- holes in them twelve inches square.
At the session of the Commissioners on September 5, a number of remonstrances were presented against building the new jail, which that body "felt disposed to regard," but as the contractors had been at considerable expense in procuring materials and preparing to build the jail, and it not being likely that they would give up their contract without requiring a con- siderable amount of damages, it was thought.
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HISTORY OF WARREN COUNTY.
best to go on with the building. The order of the court locating the jail on the old jail site on South Main street was reconsidered, however, and the jail was located on the southwest corner of lot 6, block 10, just west of the court house then in process of building. The jail was to be completed according to the contract by January 1, 1841, but it was not completed and accepted by the commissioners until March 27, of that year.
The dungeon part of the old jail was a ter- rible place in which to put a human being, because of its being under ground, and being dark and not ventilated. The brick part was not a great deal better, nor was it as strong as it should have been. The grand jury at the circuit court held in April, 1855, visited the jail and reported that they found the upper part of the building entirely unfit to be used as a jail or prison, and considering the bad plan of the building and the shattered condi- tion of the inner walls, they could not recom- mend repairs. They advised the rebuilding of the jail from the foundation as soon as the finances of the county would admit. This re- port came before the Supervisors in June, and was referred to a committee, who reported in September, but action was deferred on account of the state of the finances.
December 10, 1856, a new committee was ap- pointed to examine the jail. Tney acquiesced in previous statements as to the insufficiency of the jail for the purpose designed, and recommended the appointment of a new com- mittee to investigate the matter of building a new jail, with power to sell the old one. Supervisors Mitchell, Hanna and Brownlee were named as the committee. Two days later the following resolution was adopted by the board of supervisors: "Resolved, There having been reports of different grand juries and committees of this board relative to the jail of and in Warren county, that said jail is a nuisance and unfit for a jail; in consider- ation of the above, we hereby declare the said county has no jail." John Brown and others presented a petition the next March asking that no new jail be built, but that the old one be repaired. The committee on petitions re- ported and the supervisors voted against the petition, and "that we consider ourselves without a jail, sending our prisoners abroad." In June another report came from the jail committee, giving the estimated cost of re-
pairs to the jail, and the putting in of four iron cells. Supervisor Albert Mitchell was ap- pointed a committee with full power to repair the jail in accordance with the report. An ordinance was also entered rescinding the ac- tion of the previous March, and the sheriff was directed to have the lower cells cleaned out and placed in condition to receive pris- oners, and thereafter receive and provide for said prisoners as the law provides, until the repairs were made. One thousand dollars were appropriated for the repairs contemplated, but by September 16 Supervisor Mitchell had re- ceived and spent $1,038.20 on the repairs, and asked for $1,000 more to complete the job as it should be, practically rebuilding the jail de- partment. The allowance was made, and the work done and accepted December 14, 1857. On the erection of the present jail, the old jail was sold to Andrew Hickman for $125 and torn down.
The present county jail was built in 1883. At the June, 1882, meeting of the board of supervisors, C. M. Rodgers, of Hale township, offered a resolution which was passed provid- ing that a committee of three be named by the chair to consider the propriety of devising plans for building a new jail. Messrs. C. A. Dunn, J. '1. Hartman and Thos. A. Dilley were named as the committee, and they were empowered to visit other counties if neces- sary for the purpose of obtaining plans and es- timates, and were directed to report at the Sep- tember meeting following. At that time the committee reported the results of their visits, and the plans approved. P. J. Pauley & Bro., of St. Louis, would build the jail complete for $25,000, or the steel cell work alone for $12,500. The committee were instructed to make further investigation, and in December they were au- thorized to contract with the Pauleys to con- struct the jail complete at a cost not to ex- ceed $25,000. It was also decided that the building should be located on the north side of the court house lot. The buildings on the site chosen were soon afterward sold to D. Babcock for $385 and removed.
March 7 the building committee reported that they had contracted with Wm. F. Hayden for the building of the jail at a cost of $12,437, to be ready for the cell work by November 1, and with P. J. Pauley & Bro. for the steel cell work for $12,000. Claudius A. Dunn was se- lected as superintendent of construction, and
.
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HISTORY OF WARREN COUNTY.
the building was completed within the speci- fied time. Some changes were made in the specifications, which increased the cost about $500, so that the total cost of the building reached about $25,440, with $400 additional for the superintendent. Sheriff Bolon and his family and "boarders" occupied the jail about the middle of November, and the completion of the work was reported to the supervisors at their meeting December 6.
An addition to the jail proper was built in 1894, including more cell room, a boiler house, and a five-foot tunnel, 100 feet long, connect- ing with the new court house and through which the steam heating pipes for that build- ing are carried. The addition was built by C. L. Barnes of Monmouth, the contract price being $3,948.13.
The jail is of brick, with stone trimmings. The west part is the sheriff's residence, large and convenient, with the jail proper on the east. There are ten cells, and each if needed will accommodate four prisoners.
THE COUNTY FARM.
In the early days of the county the depend- ent poor were kept by the county, and were generally given to the lowest bidder, to the one who would maintain them at the least expense to the county. One of the early entries in the records of the county commissioners shows the farming out of the care of Michael Coon, a harmless lunatic. Later each township took care of its own unfortunates in the same man- ner. A petition was presented to the June term of the County court in 1853, signed by many of the citizens of the county and asking the court to order the purchase of lands for a farm for the poor of the county. The petition was favorably received and the court ordered that "propositions be received until the first Monday in September next, for the sale to the county of Warren one quarter section or more of land, either improved or unimproved, to be used as a county poor-house farm, and the clerk is ordered to advertise for proposals for six successive weeks in The Monmouth Atlas." Nothing was done, however, until December 10, 1856, after the County court was succeed- ed by the Board of Supervisors as the govern- ing authority in the county. At that time a special committee consisting of Supervisors Bond, Brownlee and Lewis was appointed to purchase a suitable tract of land for the pur-
pose. They failed to do anything, and at the June term, 1857, another committee was named, consisting of Supervisors Norcross, Brown and Phelps. This committee reported in Decem- ber that they had purchased from Luther Dickson 120 acres, the northwest part of the northwest quarter of Section 29, and the north half of the northeast quarter of Section 30, in Lenox township, about five miles south of the city of Monmouth. The price paid was $3,360, $28 per acre. The Supervisors accepted the report, and at once appropriated $1,000 for the building of a poor house, appointing Albert Mitchell superintendent of construction. Two thousand dollars additional was appropriated the next year and the house was completed and made ready for occupancy during the fall of 1858. The farm house is a story and a half frame building 45 by 16 feet, with an annex in the rear for the insane. The structure is now somewhat antiquated, but is well kept, and makes a fairly comfortable home for the in- mates. Jonas Mower is the superintendent, and the institution had forty-two inmates at the last report March 1, 1902.
CHAPTER VII.
Establishment of the Probate and Circuit Courts-Early Court Doings-Daniel McNeil the First Probate Judge and the First Cir- cuit Clerk-First Grand and Petit Juries.
The first court in Warren county was the Probate Court. By special act of the legisla- ture approved January 2, 1829, this court was created, and Daniel McNeil, Jr., elected Pro- bate Judge. The first session was held March 28, 1831, probably at the residence of S. S. Phelps at the lower Yellow Banks (Oquawka), the temporary county seat, as the permanent county seat had not then been located.
Judge McNeil's first order directed that John Pence file a bond in the sum of $5,000 as public administrator of Warren county. The next directed that "all wills, codicils, letters testamentary and of administration, and all matters and things required by law to be re-
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HISTORY OF WARREN COUNTY.
corded, shall be spread upon the records of this court, as they shall be presented for probate, or to be otherwise disposed of according to law."
The estate of Daniel Harris, who was mur- dered at Ellison, was the first one before this court. He died intestate, and the public ad- ministrator, John Pence, was directed to take charge of his personal property. Rezon Red- man, John F. Ederman and Paris Smith ap- praised the property, and sold it April 21, 1831. The cost of settling up the estate was $5.60.
There was no further business for the court until September 29, 1832, when Mrs. Mary Moffitt, widow of James Moffitt, presented proof of his death and asked for letters of administra- tion to be issued to herself and Adam Ritchie, and they were issued on bond of $900. Soon after this Adam Ritchey, Sr., died, and his will was filed for probate December 24, 1832. It was witnessed by Thomas Ritchey and James Hodgens, and named Adam Ritchey, Jr., and John Caldwell as executors. The will left all his property, real and personal, to his widow, the children having already received their full share. The first guardianship case came up March 13, 1833, when Theodore Jennings repre- sented to the court that he was under age, and had property coming to him as the heir of his mother. He asked that his brother, Berry- man Jennings, of Hancock county, be appointed as his guardian, and an order to that effect was entered.
McNeil remained as Probate Judge until 1837, when a new law went into effect, by which the Probate Court was vested with the same power and jurisdiction in civil matters that be- longed to a justice of the peace court, in addi- tion to probate matters. The judge of this court was by this law called a Probate Justice of the Peace, and Wm. F. Smith was the first man to hold the position. This law remained in force until 1849, when a County Court was established.
THE CIRCUIT COURT.
Anticipating the general election of August 2, 1830, and the complete organization of War- ren county, Judge Young, holding court at Galena July 5, issued the following order: "To all whom these presents may concern, Greet- ing: Know ye, that I, Richard M. Young, judge of the Fifth Judicial circuit of the state of Illinois, north of the Illinois river, and pre-
siding judge of the Circuit court in and for the county of Warren and state aforesaid, in pur- suance of the power vested in me by virtue of the 10th section of the act entitled "An act supplementary to an act regulating the Su- preme' and Circuit courts," approved January 19, 1829, do hereby order and appoint that Cir- cuit court be held in and for the county of Warren, at such places as may be selected and provided by the county commissioners' court of said county, on the fourth Monday in June and the first Monday in October, until I shall make another order to the contrary. (Signed) Richard M. Young, Judge of the Fifth Judi- cial Circuit."
On June 8 previous Judge Young had ap- pointed Daniel McNeil, Jr., as clerk pro tem. of the Circuit Court when it should be es- tablished, and had administered to him the oath of office. October 1 following, at the residence of John B. Gum in Knox county, (the temporary county seat and place of hold- ing court in Knox county), the judge entered an order making the appointment regular, and McNeil again took the oath of office before him.
Under the judge's Galena order, a term of the Circuit court should have been held in October, 1830, but it was not. Chapman's his- tory of Warren county (1886) says it was be- cause the County Commissioners made no ar- rangements for the carrying out of the judge's order in time for the term to be held. That is a mistake, however. The real reason, as shown by a marginal entry on the commission- ers' records, was that the commissions of the sheriff and coroner did not arrive from the governor in time to have the venires for grand and petit jurors summoned.
The Indian disturbances in 1831 interfered with the terms for that year, so the first session of circuit court in Warren county was not held until June, 1832. The term opened on the 14th day of that month, in the old log court house. Judge Young presiaed, with Thomas Ford, af- terwards associate justice of the supreme court, and later governor of Illinois, as state's attor- ney. Daniel McNeil Jr., was clerk of the court; Stephen S. Phelps, sheriff; and James Ryason and William Causland, deputy sheriffs. Alexander Davidson was foreman of the grand jury, which body, however, returned no in- dictments.
The first business of this first term of court was the presenting and approving of the official
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HISTORY OF WARREN COUNTY.
1
bonds of the clerk, the sheriff and the coro- ner. Only one case was tried by jury, the case of the People vs. Wm. H. Denniston, who was fined $14.00 and costs for an assault and bat- tery on the body of Daniel S. Witter. Three or four other cases were on the docket. In one-an appeal case-the defendant defaulted, and the plaintiff was given a verdict by the court. In the others the prosecutor defaulted and was non-suited or the case was dis- missed by agreement.
The first coroner's inquest was also reported at this term of court. It was held on the body of Daniel Harris, who was murdered at his cabin on Ellison creek, but developed nothing as to the perpetrators of the crime.
The grand jurors summoned for this term of court were:
John Miles, Thos. S. Sublett,
James Ritchey,
William McCoy,
John Vanatta, Joseph W. Kendall,
Elijah Hannan, Alexander Davidson
Field Jarvis, Daniel S. Witter,
William Russell, Adam Ritchey, Jr.,
Andrew Robison, John E. Murphy,
John Caldwell,
Thos. D. Wells,
James Jamison, John Smith,
John G. Haley,
Peter Smith,
Rezin Redman,
Charles Morseman,
Thomas Colwell.
Some of these failed to appear and the sheriff completed the panel by summoning
William R. Jamison, Jacob Rust,
William Whitman, Elijah Davidson, Jr.
Robert M. Black, who gave their attendance accordingly.
The petit jurors summoned were:
William Whitman, P Peckenpau zh Sheldon Lockwood, James Caldwell, Richard Williams, James McCallon,
John F. Eberman, Henry Meadows, Joseph Huff,
James Hodgens, Abner Short,
Joseph DeHague,
Robert Wallace, John Kendall.
. The jury which tried the first and only case tried by jury at this term of court were:
Sheldon Lockwood, Henry Meadows,
Abner Short, Samuel Gibson,
George Peckenpaugh, Joseph W. Kendall,
Elijah Davidson, Sr., John C. Jamison,
Lewis Vertrees, Robert Wallace,
James Gibson, Thomas Gibson, Sr.
CHAPTER VIII.
First Inn License Issued to William Causland, June 11, 1831-Jacob Rust and Joel Hargrove Gct First Licenses in Monmouth-The First Bridge, First Ferry, First Mill Dam, Etc.
For a number of years after the organiza- tion of the county, every store, grocery, tavern, ferry, peddler, etc., had to have a license from the county commissioners. The first licenses issued in Warren county were on June 11, 1831. On that day William Causland was licensed to keep an inn at Yellow Banks (Oquawka), on payment of a fee of $2.50. The rates he was allowed to charge were specified as follows:
Keeping horse, per night. .0.25
Single feed for horse. . 0.121/2
Each meal of victuals. .0.25
Lodging, per night, per bed. . 0.121%
Each half pint brandy. .0.25
Each half pint whiskey. .0.121/2
Each half pint rum, gin or wine. . 0.1834
Less quantity of liquor at same price as half pint.
The same day Stephen S. Phelps was licensed to sell merchandise at Yellow Banks, on pay- ment of $10.00. August 8, 1831, Thomas B. Cullum was licensed to sell merchandise, place not specified, and note made that the license was good from July 4 last.
October 1, 1831, license was granted to Jacob Rust to conduct a grocery at Monmouth, on payment of $2.50. The rates specified were the
Lewis Vertrees,
David Findley, Jr., Otha W. Craig, Josiah Osborn, Elijah Davidson, Sr., Samuel Gibson, James Junkin,
John C. Jamison,
John Denniston, George Peckenpaugh, 701-2
702.
HISTORY OF WARREN COUNTY.
same as those given William Causland for his inn at Oquawka June 11. The same day Joel Hargrove was licensed to sell "goods, wares and merchandise" in Monmouth for one year, on payment of $8.00. Elijah Davidson was licensed to keep grocery in Monmouth Decem- ber 5, with the same rates as were given Rust, and the 8th of the next June Daniel McNeil was authorized to open a store in Monmouth, June 8, 1833, James Kendall was given a permit to sell, vend and peddle clocks in the county on payment of $12.50.
Daniel Klauberg was licensed to open a store at his home at Germanytown, (in the Raritan neighborhood in Henderson county), Septem- ber 4, 1833, and on December 2 James Erwin was given permission to keep a store at his establishment on Henderson river.
The first bridge ordered by the county com- missioners was across Henderson river on the Monmouth-Yellow Banks road near Esquire Smith's mills, below the dam. It had two abutments 60 feet apart, each 16 feet long up and down stream, and extending 20 feet back from the water. The abutments were made like log pens filled in with rock, and were substantial enough. The contract for building this bridge was let at the court house October 1 following, Robert Kendall bidding it in for $395. The specifications were changed some- what after the contract was given, and the entire cost of the bridge was about $600. An- other bridge was let in the same neighborhood the next spring, the contract going to Jere- miah Smith for $165.
The first ferry license was given to William and John Deniston, who lived at the Upper Yellow Banks (New Boston). It was to cross the Mississippi from Section 31, in township 14 north, range 5 west. The fee was $5.00 and the rates given were:
Each man and horse. 0.25
Wagon and one yoke oxen. 1.00
Two horse wagon 1.00
Each additional yoke oxen or team horses .. 0.25 Cart and one yoke. .0.75
Each head horse, mare, colt or ass. 0.121%
Each head neat cattle. 0.0614
Each head sheep or hogs. 0.0614
Each footman 0.121%
December 3, 1832, Morton M. McCarver was licensed to conduct a ferry across the Mississip-
pi a mile above Ellison creek, and Ezekiel Smith was authorized to conduct one from the John Campbell farm between Ellison and Honey creeks. March 4 of the next year Joel Hargrove was licensed to run a ferry from a point three miles above the mouth of Ellison creek to the Flint Hills (now Burlington) in Wisconsin Territory. The rates given for all were substantially those given the Denistons, but all were allowed to charge double rates in times of high water.
The first petition for permission to construct a mill dam was made December 3, 1832, by Peter Butler, attorney for Beracha Dunn, and the place. was the southwest quarter of section 6 in Monmouth township, at Olmsted's. The dam was authorized to be built March 7 of the next year. Cornelius V. Putnam, by Daniel McNeil agent, asked permission at the same time for a mill dam on the northeast quarter of section 12 in Hale township, just a short distance be- low Dunn's. The court denied this petition, on the ground that a dam at Putnam's would overflow Dunn's house and grounds. Jeremiah Smith asked permission to build a dam on Section 24, in Township 11, Range 5 (in Hen- derson county), and it was authorized the same day Dunn's dam was.
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