Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 13

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn
Publication date: 1903
Publisher: Chicago : Muncell Pub. Co.
Number of Pages: 972

USA > Illinois > Winnebago County > Historical encyclopedia of Illinois and history of Winnebago County, Volume II > Part 13

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

679

HISTORY OF WINNEBAGO COUNTY

Ogle County, in a grove of timber in Dement Township ; at Washington Grove, and at Lafay- ette Grove. One member made his home at Inlet Grove, in Lee County, and one made his home at the Rockford House, Rockford. The latter had a good address, and was given $4,000 by his father when he left the parental home. About 1837, while he was an unknown member of his band of outlaws, he came within a few votes of being elected a justice of the peace, over James B. Martyn.

The operations of this band extended through the western and northwestern states. Along the entire line there were convenient stations, in · charge of men, who, to all appearance, were honest, hard-working settlers. Such was Wil- liam McDole, a quiet, industrious resident of Rockford. Under this arrangement, a horse stolen at either end of the line or elsewhere could be passed from one station to another, and no agent be absent from his home or busi- ness for more than a few hours at a time; and thus for years they remained unsuspected. At that time few counties were sufficiently organ- ized to enforce efficient police regulations. This section was sparsely settled; the pioneers were poor, and money was scarce. There were few jails, and these were scarcely worthy of the name. For several years after the settlement of Winnebago County, the nearest jail was at Galena. There is a story to the effect that the sheriff of this county once took a culprit to Galena, and upon his return to Rockford his late prisoner was among the first to greet him.

SETTLERS ADOPT RADICAL MEASURES,

This primitive condition of society was the opportunity of the border outlaw. Counterfeit- ing, horse-stealing, robbery and even murder were of such frequent occurrence that the set- tlers were driven to desperation. They resolved to adopt radical measures for relief ; for if these outrages were continued, property was insecure, and life itself was in constant jeopardy. In the spring of 1841, a delegation of reputable citizens of White Rock and Paine's Point, in Ogle County, called upon Judge Ford, who was then holding Circuit court at Oregon, for consultation. Judge Ford was a fearless man, and naturally well equipped to meet the peculiar conditions of pioneer life. He knew that the settlers were at the mercy of the banditti, and that it was use-

less to invoke the civil authorities. He therefore advised them to organize a company, which should call upon the men whom they knew to be lawless, take them by -force from their homes, strip them to the waist, and lash them with a blacksnake. He recommended thirty-six lashes as the first chastisement, and sixty for a second offense ; and that the leaders should be given ten days in which to leave the country, Judge Ford's advice was followed to the letter. A de- cree from the bench could not have been more faithfully executed. In April about fifteen citi- zens met at a log schoolhouse at White Rock and organized a company known as the Ogle County Regulators. By-laws and rules were adopted, and the membership increased to lun- dreds in Ogle and Winnebago counties. The late Ralph Chaney was an active member of this organization. The writer is indebted to Mr. Chaney for information of those stirring expe- riences.

John Earle was the first victim of this savage justice. It was proved that he had induced a young man under twenty years of age to steal his neighbor's horse. Earle's coat and vest were removed and his arms pinioned. Six or seven men were chosen to administer five lashes apiece. Mr. Chaney relates that a deacon of the church inflicted the most vigorous strokes. The result was quite unexpected. At the next meeting of the Regulators, Earle applied for membership, was admitted, and became a good worker. The second instance occurred in the afternoon of the same day. The culprit's name was Daggett. Be- fore coming to the west he had been a Baptist minister. He was not a shining example of the perseverance of the saints, a distinctive doc- trine of that church; for he had fallen from grace with a dull, sickening thud. Daggett was tied to a tree and was given ninety-six lashes, Dr. Hobart examined him occasionally, to pre- vent fatal injury.

MURDER OF JOHN CAMPBELL.

Soon after their .organization, John Camp- bell was chosen captain of the Regulators. A short time after they had begun their work of extermination, Mr. Campbell received an epistle from one William Driscoll, in which he offered battle with the most terrible oaths. The Regu- lators were challenged to meet him Tuesday, June 22, at his home in South Grove. Mr.

680

HISTORY OF WINNEBAGO COUNTY

Campbell was generally recognized as the right man to lead such an organization. He was a devout Scotch Presbyterian, who had come from Canada. At the appointed time 196 meu, armed with rifles and muskets, responded to the chal- lenge. They were mounted ou good horses ; with the stars and stripes unfurled to the breeze, and a bugle, they formed in line, two abreast, and began the march to the field of battle. When they arrived at South Grove they found seventeen muembers of the gang in a log house, barricaded for defense, armed with fifty- four guus of different kinds. The Regulators halted just outside of gunshot and held a council of war. Before making au attack, it was re- solved to send a messeuger to the house, to ascertain the plans of the inmates. Osborn Chaney volunteered to beard the lions in their den. When within forty rods of the house the men broke through the door, and ran away ; and Mr. Chaney did uot get an opportunity to speak with any of them. Soon after Mr. Chaney returned to the company he was followed by a man named Bowman, who said he had a mess- age from John Driscoll, to the effect that if the Regulators wished to confer with him, he would receive the message from Bowman, and from no one else. William Driscoll also seut word by the same messenger that he had 300 allies at Sycamore, and that they would meet the Regulators on the prairie two hours later. The latter repaired to a level piece of ground, exam- ined their guns, and awaited developments. In due time Driscoll arrived, with the sheriff of DeKalb County and two other officials, who wished to know the meaning of the demonstra- tion. Captain Campbell stood in a wagon, and in a vigorous speech gave them the desired in- formation. Meanwhile Driscoll sat on his horse about four feet distant, silent, but in a terrible rage. The officials from DeKalb Couuty ex- pressed their sympathy with the Regulators, and the Driscolls promised to leave the state within twenty days. The Regulators disbanded for the day and went home. The Driscolls did not keep their word. On Sunday, June 27, David and Taylor Driscoll, who had been choseu to murder Campbell, accomplished their purpose. Mr. aud Mrs. Campbell had just returned from church at the log schoolhouse at White Rock. While going from the house to the barn about twilight, he was shot through the heart by David Driscoll. Ralph Chaney was making his

home with his brother Phineas about three- quarters of a mile distant. He heard the re- port of the gun aud the cries of the family. He and Phineas immediately weut to the assist- ance of the Campbell family.

News of the tragedy spread quickly to Rock- ford and other towns. Mrs. Campbell was a witness of the murder, and there was no doubt about the identity of the assassins. Ou Monday the sheriff of Ogle County and a posse arrested John Driscoll at the home of his son David, near Lynnville, aud the sheriff and his posse then weut to South Grove in search of William Dris- coll. The elder Driscoll was seated in a wagou between two guards. A company from Winne- bago County had preceded them, and had ar- rested William and his younger brother Pierce. The sheriff took his prisoner to Oregon and lodged lıim in jail.

LYNCH LAW.

About nine o'clock Tuesday morning a party went to the jail and with heavy timbers battered down the door. They took John Driscoll from his cell, put a rope around his neck, aud dragged him to the river as rapidly as possible. The sheriff pursued, but before he could overtake them, they had entered a boat with their pris- oner and were soon on the other side of the river. There they met a man from Washington Grove, who told them there was a party at that place who had taken the two sons, William and Pierce. They then proceeded with John Driscoll to Washington Grove, where they met the Rock- ford division. By this time, about ten o'clock in the forenoon, the crowd had increased to about 500 and nearly every class of people was represented. The horsemeu dismounted, secured their horses, and stacked their arms around a tree. They formed a hollow square around the tree, and brought the three Driscolls into the centre. Among the lawyers present was E. S. Leland, who acted as the leader, and conducted an examination of the prisoners. A mob court was instituted. The senior Driscoll was asked how many horses he had stolen in his time; to which he replied that he supposed he had taken as many as fifty. "Could you not say a hun- dred?" asked an inquisitor; and the old man, with a faint smile, said: "It might be." He coufessed that he had paid young men from fif. teen to twenty-five dollars to steal a horse from

J. arthur Breckenridge

681

HISTORY OF WINNEBAGO COUNTY

a neighbor, simply to satisfy a grudge, when he received no pecuniary reward from the theft. William Driscoll was similarly interviewed. Pierce Driscoll was examined, but no evidence was found against him, and he was given his liberty. John and William were then told that David and Taylor had been identified as the murderers of Campbell ; also that the evidence had proved them to be accessories in the plot at Bridge's house on the preceding Saturday evening. After further deliberation, Mr. Leland called for an expression of opinion upon the guilt of the prisoners, by the uplifted right hand. The decision was almost unanimous against them. The vote upon their punishment was equally decisive that they should be hung, then and there; and they were given one hour in which to prepare for death. The condemned men implored their executioners to change the method of death from hanging to shooting. This request was granted by a unanimous vote. The senior Driscoll had stood in the meantime with the rope around his neck, and he asked Mr. Chaney to remove it.

The arrangements for the execution occupied about an hour and a half. Jason Marsh, of Rockford, was present, and proposed to Charles Latimer, as an additional formality, to defend the prisoners, and present their case before the mob court. Mr. Marsh then made the opening plea for the prisoners ; "and I must say," writes Mr. Chaney, "he did himself credit, and full justice to the prisoners in his speech. Latimer followed in behalf of the people, and made a very able speech." There were several min- isters of the gospel on the scene, who spent the time allowed the prisoners in prayer and con- versation with them. It was an occasion of great solemnity. Righteous wrath was ex- pressed in the resolute and orderly execution of mob justice. When the hour for execution ar- rived, about one hundred and twenty men were drawn up in a line, in single file. This line was divided in the center. John Driscoll was led out by Captain Pitcher, in full view of his executioners. He was made to kneel ten paces in front of the west half of the line. His eyes were blindfolded, and his arms pinioned behind him. At the signal, every gun, save one, was fired in a single volley. John Driscoll fell for- ward on his face without a struggle or groan, or the apparent movement of a muscle.

Willianı Driscoll was then brought out and

placed at the same distance before the center of the other half of the line. He was blindfolded, pinioned, and made to kneel upon the ground. As Judge Leland counted three, the volley of more than fifty guns was as the sound of one. William Driscoll was dead. The father and son fell about forty feet apart. A grave was dug between them, about two and one-half feet deep, and four feet wide. The old man was first taken and placed in the grave, without coffin or shroud ; and then the son was laid by his side. Their caps were drawn over their faces, and thus they were buried, without the presence of a mourning friend. Mr. Chaney assisted in carry- ing the elder Driscoll to the grave, and discovered that the bones of his head were lit- erally broken to pieces, and the region of the heart perforated with bullets. In William Dris- coll's vest front were found forty bullet-holes. After their execution one of their guard stated that William Driscoll in his prayer confessed he had committed five murders, and prayed to be forgiven. It is said that just before he was led out to die, William called his brother Pierce and said: "They are going to kill me, and I want you to take that money of inine that is hid and give my children a liberal education. and spend it for their support until they become men and women and grown. There is a plenty of it." Pierce expressed his willingness to do so, but said : "I don't know where your money is; you have never told me." William tried to tell him, but exclaimed: "O my God! I can't do it!"

A strange sequel occurred many years later. The farm that had been owned by William Dris- coll became the property of a man named Byers. One day in autumn, while he was threshing, three men came on horseback and entered the grove west of the house. After surveying the premises, they located a spot and began digging. Byers ordered them to stop, but he was con- fronted by a revolver and an order to return and mind his own business. After their depar- ture, Byers went to the spot and found a hole which they had dug in the ground, and beside it a small empty box, and at the bottom of the hole the mark and place from which the box had been dug. No explanation was ever found. A reward of $500 was offered in August, 1841. for the capture of David and Taylor Driscoll, by a committee of the citizens of Ogle County. David Driscoll never returned. It was reported

682

HISTORY OF WINNEBAGO COUNTY

that about two years after the murder of Campbell, he was shot dead in Iowa by a sheriff who was attempting to arrest him. Taylor Driscoll was indicted for the murder of Camp- bell, and kept in different jails nearly two years ; and by changes of venue and confusion of witnesses, he was at length given his liberty. Throughout these strange proceedings the Regu- lators were sustained by the ablest lawyers and best citizens throughout the country. "Doctors and scholars, ministers and deacons" regarded this terrible example of lynch law as a public necessity.

Some months after the execution of the Driscolls, the matter was brought before the attention of the grand jury in Ogle County. Judge Ford then resided at Oregon, and it is said this action was taken at his suggestion. At the September term of the Circuit court, indictments were found against one hundred and twelve citizens.' Among these were four Chaney brothers, Richard, Phineas, Osborn and Ralph, three of whom became residents of Rock- ford; and Horace Miller, Jason Marsh and Charles Latimer, of Winnebago County. The case was called for trial at the same term of court. Judge Ford presided, and Seth B. Far- well appeared for the people. Some of the jurors were under indictment for complicity in the affair. Several witnesses were called, and pleas made; and without leaving their seats the jury returned a verdict of "not guilty." No one expected a conviction ; but it was considered desirable to have the matter settled according to the regular form of law. Thus closed the trial of the largest number of defendants ever indicted under one charge at one session of a grand jury known to the judicial history of this section.

ROBBERY OF M'KENNEY AND MULFORD.

The execution of the Driscolls was only the beginning of the work of extermination; al- though it was the sole instance where such desperate measures were considered necessary to accomplish their purpose. Robberies and murders continued, and the people lived for years under a literal reign of terror. On Sep- tember 19, 1843, the store of William McKen- ney, near the site of 318 East State street, in Rockford, was robbed of a trunk containing nearly $1,200. A reward of $200 was offered for

the apprehension of the thief and the recovery of the money ; but he was an expert, and eluded capture.

The community was startled two weeks later by another bold depredation, One of the four- horse coaches belonging to Frink, Walker & Co., was robbed tour miles from Rockford, while enroute to Chicago. It is said the baggage of the passengers was stolen from the rear of the coach while in motion, and that the fact was not discovered until its arrival in Newburg. The next morning the trunks were found a few rods from the road. They had been broken open and all property of any value had been taken. A plan had been laid to secure a large amount of money which had been on deposit in the land office at Dixon, and this was the object which it was intended to accomplish by the robbery of the stage coach at this time. It was known that a considerable sum of money, which had been received from the sales of public lands, was on deposit at Dixon, and was about to be removed. A leader of the banditti had asked the receiver when he intended to go to Chicago, where the deposit was to be made. The receiver was a prudent man, and his suspicions were aroused. He therefore replied that he would leave Dixon one week later than he really intended to start ; he thus baffled the plot of the robbers. No im- mediate clue to this robbery was obtained.

On October 28, 1844, a man who gave the name of Haines called on William Mulford, residing on his farm in Guilford, four and a half miles east of Rockford on the Cherry Valley road. It had been falsely reported that Mr. Mulford had received about $14,000 a short time before

the robbers. and this rumor had reached Haines professed to be in search of employment. His real purpose was to obtain money by other means than honest toil, and had come to look over the premises. On November 9, about eight o'clock in the evening, three masked men, armed with pistols, knives and clubs, forced an entrance into the house. The leader ordered Mr. Mulford to sit down. He then took the candle from the table, cut it into three pieces, lighted them, placed one in each of the two windows, and with the third began his search of the house. With the most direful threats the family were forced to submission. The keys to bureau drawers were demanded. They were told that they were in the stable behind the horses. This was a ruse to give Mr. Mul-

683

HISTORY OF WINNEBAGO COUNTY

ford an opportunity to reach his rifle in another part of the room. When the men went to the barn he attempted to reach the gun, but an- other man, who had been stationed at the door, held a pistol close to his head and ordered him to desist. The robbers could not find the keys in the barn and returned in a rage to the house. They swore they would "chain the old devil," and set the house on fire, and by that time they would tell where the keys were. Mrs. Mulford imagined she heard the clanking of chains, and told the robbers where the keys could be found. They unlocked the drawer and found the money in an envelope, just as it had been taken from the bank. One of the gang was identified as Haines, who had called in search of employment. It was subsequently learned that two mnen, armed with rifles, stood outside, and for their benefit the candles were placed at the windows.

EXCITING CRIMINAL CASES.

Thus far the perpetrators of these bold out- rages had eluded capture, but Nemesis was on their trail, and in due time she summoned a cloud of witnesses to bring them to justice. In the spring of 1845 Charles West, of Lee County, was arrested for the robbery ot a peddler named Miller, and a portion of the goods was found in his possession. West was committed to jail at Dixon, and during his confinement he proposed to turn state's evidence, and disclose all he knew concerning his confederates. It was an in- stance where "the devil was sick, the devil a monk would be." His proposition was accepted.

This startling intelligence soon reached Rock- ford, and created great excitment. Upon the strength of West's statements, Oliver and Me- Dole were immediately arrested, and an officer was dispatched to bring West to Rockford, where his testimony incriminated other members of the robber band, declaring that Charles Oliver and William McDole, of Rockford, were men- bers ot the band. He also gave the names of the outlaws who committed the robberies at McKenney's store and Mulford's farm-house. His story was generally believed. Oliver and McDole were required to give bail in the sum of $1,500 each, for their appearance at the next term ot court; in default of which they were committed to prison. A few days later Bridge, one of the leaders of the banditti residing in Ogle County, was arrested and placed in jail

at Rockford. A guard was necessary for some time, for their protection. The trial of Oliver began in the Circuit court August 26, 1845. His indictment was for receiving money stolen trom William Mulford, in November, 1844. Hon. Thomas C. Brown was the presiding judge. There was an unusual display of legal talent. The district attorney was James L. Loop. He was assisted by Thomas D. Robertson, Jason Marsh, James M. Wight, and Miller & Miller. Martin P. Sweet, of Freeport, and M. Y. Johnson, of Galena, were the counsel for the defendant. S. C. Fuller, the jailor, testified that the prison- ers tried to bribe him to furnish them with brace and bits so that they might effect their escape. Each offered Mr. Fuller $50 at first, and then increased the sum to $500. During the trial Oliver was defiant, and confident of acquittal. But since his arrest Retributive Justice had been forging another chain of convicting evi- dence.

During the summer Jason Marsh had received a letter from the warden of the penitentiary at Jackson, Michigan, to the effect that a prisoner in his charge knew about the robbery, and was willing to testify. Mr. Marslı went to Michi- gan and found the prisoner to be Irving A. Stearns, who had formerly resided in this county, and who had left the state soon after the robbery. He had been convicted of some crime in Michigan and sent to the penitentiary. Mr. Marsh pretended not to recognize Stearns ; but told him that he wanted to know what he had to say upon the subject, and that he would know it he told the truth. Mr. Marsh tound the testimony of the prisoner very important, and communicated the facts to the governor, who gave to Mr. Marsh a conditional pardon for Stearns. The prisoner's communications to Mr. Marsh, however, were made without any prom- ise of consideration whatever. Mr. Marsh re- turned to Rockford and at the time for the court to convene, he sent for Stearns, and upon his arrival he was placed in close confinement until he was wanted in court. Oliver knew nothing of these facts. When Irving A. Stearns was called as a witness for the people, Oliver was startled, and sat crestfallen by the side of his counsel. Courage and hope had fled together. Stearns testified that the secrets of the Mul- ford robbery had been given by Oliver, and that Oliver had offered him some of the stolen money in exchange for a horse. His evidence was

684

HISTORY OF WINNEBAGO COUNTY

straightforward, and a rigid cross-examination failed to weaken it at any point. The case was given to the jury Saturday afternoon, The jury was out an hour and a half, when it returned with a verdict of guilty, and a sentence of eight years' confinement iu the penitentiary. Thus terminated the most exciting criminal case ever tried in Winnebago Couuty. The case was managed with great ability on both sides. The argument of James Loop and the exploit of Jason Marsh have become familiar traditions of the local bar of the olden time. Bridge took a change of venue on all his indictments to Ogle County. When his case was called he plead guilty, and was sentenced to the peni- tentiary for seven years, and McDole was sen- tenced for seven years in the penitentiary.

John Long, Aaron Long, and Granville Youug were executed at Rock Island in October, 1845, for the murder of Colonel Davenport. This execution practically completed the work of extermination which had beeu begun by the Ogle County Regulators on Tuesday, June 29, 1841. Burch was indicted for the murder of Colonel Davenport. He took a change of venue to another couuty, and made his escape from jail. The three Aikens brothers died as they had lived, although they escaped the peniten- tiary. Bliss. Dewey and Sawyer, confederates in Lee County, were seut to the penitentiary. Bliss died in prison. The way of the transgres- sor is hard.

MURDER OF SHERIFF TAYLOR.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 13

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn Publication date: 1903 Publisher: Chicago : Muncell Pub. Co. Number of Pages: 972

Author: Bateman, Newton, 1822-1897. cn; Rogers, Thomas H; Moffet, Hugh R; Selby, Paul, 1825-1913. cn
Publication date: 1903
Publisher: Chicago : Muncell Pub. Co.
Number of Pages: 972