Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 14

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

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November 11, 1856, John F. Taylor, sheriff of Winnebago County, was instantly killed by Alfred Countryman. On that day Alfred and Jolin Countryman came to Rockford from Ogle County with some cattle, which they offered for sale at such low prices as to arouse sus- picion. The cattle were sold for a sum below their market value. The purchasers delayed payment until notice had been given the sheriff, and papers made out for the apprehension of the brothers, which occurred about nine o'clock in the morning. They were then arrested on suspi- cion ; and before they were taken to jail Sheriff Taylor searched them for concealed weapons. He found pistol balls in Alfred's pockets, and upon inquiring for his revolver the prisoner re- plied that he had none. Sheriff Taylor, assisted by Constable Thompson, then started with the

prisoners for the jail, Just as they reached the steps Alfred Countrymau broke away from the sheriff, leaped over the fence on Elm street, and ran down that street, with the sheriff in pur- suit. At the next corner, near the livery stable of Hall & Reynolds, the sheriff had nearly over- takeu' Countryman, and was about to seize him, when the latter drew a pistol which he had coucealed, aud fired. The sheriff staggered a few paces aud fell. His only words were: "I'm shot ; catch him." Countrymau rau to the woods uorth of Kent's Creek, with hundreds of infuriated citizeus in pursuit. John Platt was the first to overtake him. He took his pistol from him, and with assistance, secured his arrest. Amid threats of lynching, the prisoner was placed in jail aud securely ironed. Samuel I. Church, the sheriff-elect, briefly addressed the crowd and assured them that the prisoner was secure.

Sheriff Taylor was thirty-one years of age, aud left a wife, and a son a year and a half old. He was an excellent officer, and was held in high respect by the community, The funeral was held Thursday on the public square, adjoin- ing the jail, under the charge of the Masonic fraternity. The board of supervisors were in attendance in a body. The discourse was preached by Rev. W. F. Stewart.

Countryman was indicted and tried for the murder of Sheriff Taylor, at the following February term of the Circuit court. The prose- cution was conducted by U. D. Meacham, the state's attorney, assisted by William Brown. The counsel for the defense was Orriu Miller and T. J. Turner. The following gentlemen constituted the jury: Levi Tuuks, Philo C. Watson, Anthony M. Felmly, Silas G. Tyler, Jacob B. Place, G. R. Ames, Allen Rice, Charles Works, J. W. Jenks, Edward Peppers, J. W. Knapp. S. P. Coller. The trial begau on Mon- day, February 23. The case was given to the jury ou Thursday; and Friday morning they returned a verdict of guilty, Judge Sheldon pronounced the sentence of death upou Coun- tryman. One of his couusel, Mr. Miller, tried to obtain a stay of proceedings, so as to bring the case before the Supreme court. But Judge Caton refused to grant a writ of error. On Fri- day, March 27th, Countryman was executed ou the farm of Sheriff Church, a short distance from the city.

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HISTORY OF WINNEBAGO COUNTY

EX-GOVERNOR BEBB TRIED FOR MANSLAUGHTER.

On May 19, 1857, a charivari resulted in the instant death of one of the party. Hon. William Bebb, ex-governor of Ohio, was residing in Seward Township. His son, M. S. Bebb, had just returned from the east with his bride. Twelve young men of the neighborhood proposed to charivari the bridal party. They assembled at the house about eleven o'clock at night, and began their performance with cow-bells, tin- pans, three guns, and other articles which could contribute to the hideous din. The governor at length appeared with a shot-gun and ordered them to retire. They paid no heed, and Mr. Bebb fired one barrel, which took effect in the face of William Hogan. The party then ap- proached nearer the house, as for an assault, when the governor discharged the second barrel at the leader, Lemuel Clemens, and instantly killed him. The crowd then speedily dispersed.

The trial of Governor Bebb, for manslaughter, began February 4, 1858, in the Circuit court, Judge Sheldon presiding. The prosecution was conducted by U. D. Meacham, the state's attorney, who was assisted by T. J. Turner. The counsel for the defense was the famous Tom Corwin, of Ohio, assisted by Judge William Johnson, James L. Loop, and Judge Anson S. Miller. The trial began in the courthouse, and in order to secure more room, an adjournment was taken to Metro- politan Hall. The greatest interest was mani- fested in the trial, by reason of the reputation of the defendant, and the celebrity of Mr. Cor- win. Both sides of the case were argued with great ability. The central figure was, of course, Mr. Corwin, who so eloquently plead his client's case that he secured full acquittal.

LATER EXECUTIONS.

It was more than a third of a century before another murderer paid the death penalty in Winnebago County. On September 5, 1893, John Hart killed his two sisters, Mary and Nellie Hart, on the homestead six miles from Rock- ford. The crime was attributed to trouble in the family over a division of the estate left by their father. Hart was indicted in October, and his trial began January 22, 1894, before Judge Slaw. A. H. Frost prosecuted the case as state's attorney, and John C. Garver and A. E. Fisher were attorneys for Hart. A ver-

dict of guilty was reached February 5, and Ilart was executed March 16, 1894, by Sheriff Burbank, in a stockade erected in the jail- yard.

James French, an Italian, said to have been moved by jealousy, killed his wife, Catherine French, Sunday, July 19, 1896. French's trial began May 3, 1897, before Judge Garver. A. H. Frost prosecuted, and French was defended by C. W. Ferguson, of Rockford, and W. L. Pierce, of Belvidere. French was found guilty May 14, and was hanged June 11, 1897, by Sheriff Oliver.

Clinton St. Clair was the fourth and last to suffer the death penalty. On the night of January 20, 1910, he brutally murdered Mrs. Mary McIntosh, an aged widow, who resided at 1239 West State street, Rockford. Robbery was the motive, and St. Clair killed the defenseless woman when money was refused. He first . professed innocence, then made a full confes- sion, which he later repudiated and his final defense was insanity. State's Attorney North prosecuted the case, and the prisoner was de- fended by B. A. Knight and E. D. Reynolds. The trial was concluded February 19, and St. Clair was executed April 15, 1910, by Sheriff Charles Collier. Discussion of the tragedy de- veloped a rapidly growing sentiment against the death penalty, and the daily press published only the bare facts of the execution.

CHAPTER IX.

COUNTY ORGANIZATION AND GOVERN- MENT.

OLD MAP OF NORTHERN ILLINOIS-ORGANIZATION OF COUNTIES PRIOR TO 1835-JO DAVIESS ONE OF THE LARGEST-HISTORY OF ITS NAME-SINCE DIVIDED INTO NINE COUNTIES-WINNEBAGO NOW A PART- THE TERRITORY INCLUDED-FIRST CEN- SUS ENUMERATOR-ORDER FOR FIRST ELECTION- FIRST JUDGES OF ELECTION-POLITICAL ASPIR- ANTS-FIRST COUNTY OFFICERS ELECTED-NO AUSTRALIAN BALLOT SYSTEM-LIST OF VOTERS- COUNTY DIVIDED INTO PRECINCTS-NO COUNTY SEAT-NO PUBLIC BUILDINGS-NEGOTIATIONS FOR

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HISTORY OF WINNEBAGO COUNTY

COUNTY SEAT-LAW SPECIFIC CONCERNING SITE --- INTERESTING CHAPTER OF LOCAL HISTORY-TOWN OF WINNEBAGO PLATTED-LOCAL ENTERPRISES STARTED-FIRST COUNTY SURVEYS-REORGANIZA- TION OF COUNTY-THE MILE STRIP CONTEST- FIRST TAX LEVY-TOWNSHIP ORGANIZATION LAW IN FORCE-SEVEN YEARS OF COUNTY SEAT CON- TROVERSY-ROCKFORD CHOSEN-FIRST PUBLIC BUILDINGS - FURTHER CONTROVERSY - COMMIS- SIONERS SELECT PERMANENT BUILDING SITE- WEST ROCKFORD DESIGNATED-MILE STRIP LEGIS- LATION-COMPLETION OF BUILDINGS-FIRST TERM OF COURT-A MOVEMENT OF SECESSION-THE GENIUS OF NATHANIEL POPE-REAL REASONS FOR WIDESPREAD MOVEMENT-HEAVY STATE DEBT-THE HISTORIC SITUATION-MASS MEET- INGS-RESULT OF POPULAR VOTE-ADOPTION OF COUNTY ORGANIZATION-SHERIFFS-TREASURERS -CORONERS-SURVEYORS.

OLD MAP OF NORTHERN ILLINOIS.

In the summer and autumn of 1835 the settlers in this section began to agitate the question of local government. This matter was promptly brought to the attention of the state legislature.

The counties organized in northern Illinois prior to 1835 were much larger than they are at present. At that time Cook, LaSalle and Jo Daviess counties extended from Lake Michigan to the Mississippi River. Jo Daviess was organ- ized in 1827. It then extended east of Rock River, and included the territory now com- prised in nine counties. This singular name for the county was not given by the citizens. The name designated in the original bill was Ludlow, in honor of the naval hero of that name. A member of the legislature moved to strike out the word Ludlow, and insert the name Daviess, in honor of Colonel Jo Daviess, who fell a Tippecanoe. Another member facetiously moved to amend the amendment by inserting before Daviess the word "Jo." The reason assigned was the fact that there was a member of the house by the name of Davis. and that the people might think the honor was intended for him: and that it would be indelicate for the house. by any act. to transmit his name to posterity. as a precedent. This motion prevailed ; the senate concurred in the amendment, and thus the county officially received the name of Jo Daviess. This immense

tract of wild, unpopulated conntry extended eastward to the third principal meridian, and has been reduced in size by the organization of eight other counties.

Cook and LaSalle counties-were organized in 1831. It was the evident intention at that time to snbdivide these counties at a later day, to meet the demands of an increased population. A map of Illinois, printed in 1835, owned by the late Hon. Ephraim Sumner, and now in possession of his son, Hon. E. B. Sumner, rep- resents Cook County with territory attached on the north for judicial purposes. LaSalle has northern territory annexed for the same pur- pose, corresponding to portions of McHenry. Kane, Winnebago and Ogle counties, and all of Boone and DeKalb, as at present organized. Jo Daviess is shown with annexed territory on the east and south. The dis- tinction between Cook and LaSalle counties proper, and their annexed portions, appears to have been in the fact that the former were sur- veyed, while the latter were not. Although Jo Daviess County was organized eight years before Mr. Sumner's map was printed, the map does not even represent the county as surveyed. The conditions, however, in Jo Daviess were peculiar. The country near Galena included a mining camp, with quite a considerable popu- lation, and thus required a local government. Hence the organization of the county preceded by several years the government survey of the land.

The state legislature at that time held its sessions at Vandalia. An act. approved and in force January 16. 1836, provided for the organization of McHenry, Winnebago, Kane, Ogle and Whiteside counties, and the reorgan- ization of Jo Daviess. Section two of the law created Winnebago County, with boundaries as follows: "Commencing at the southeast corner of township number forty-three, range number four, east of the third principal meridian, and running thence west to the said meridian ; thence north along the line of said meridian. to the southeast corner of township number twenty-six. in range number eleven, east of the fourth principal meridian: thence west to the dividing line between ranges number seven and eight: thence north along said line to the northern boundary of the state; thence east along said boundary line to the northeast corner of range number four, east of the third principal

M.C. Burroughs

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HISTORY OF WINNEBAGO COUNTY

meridian; thence south to the place of begin- ning."

FORMATION OF WINNEBAGO COUNTY.

Winnebago was thus formed from the attached portions of Jo Daviess and LaSalle counties. That part of the county east of the third principal

meridian was taken from LaSalle ; the portion west of this meridian was detached from Jo Daviess. As at first organized, Winnebago County was almost exactly double its present size, and included all of Boone County, and the eastern two town- ship ranges of what is now Stephenson County. Winnebago has never been enlarged or reduced from its original form on its northern or south- ern boundary.

No county created by this act was to be organized, and an election held, until a majority of the voters of the prospective county had addressed a petition for the same to the judge of the sixth judicial circuit, or, in his absence, to another circuit judge. The voters were also required to give sufficient proof that the proposed county contained not less than three hundred and fifty white inhabitants. This task was undertaken by Dr. Daniel H. Whitney, who had settled at Belvidere. As the first census enumerator, Dr. Whitney diligently spied out the land, and discovered the requisite number of "white inhabitants."

ORDER FOR FIRST ELECTION.

These facts were communicated to Judge Thomas H. Ford. He thereupon issued an order, dated July 15, 1836, for an election to be held at the house of Daniel S. Haight, on the first Monday in August. The ninth section of the statute had designated an earlier date and another place for this election: but inas- much as the organization of the county depended upon a prescribed population, a sub- sequent section of the law necessarily referred the time and place of such election to the pre- siding judge of the circuit. Under the first constitution of Illinois, all elections for state and county officers were held the first Monday in August. The time of these elections was changed by the second constitution, in 1847, to the Tuesday next after the first Monday in November. Germanicus Kent, Joseph P. Griggs

and Robert J. Cross were chosen judges of election. Judge Ford's order has been framcd, and is preserved in the office of Captain Lewis F. Lake, the circuit clerk, as an interesting relic of those early days.

POLITICAL ASPIRANTS.

It has been said that politics and religion are the chief concerns of men. The "iron pen of history" must record the fact that politics then had the right of way for the time. The prospective election awakened intense enthus- iasm. The electors were to vote also for a member of Congress and two representatives in the state legislature. But the special interest centered in the selection of three candidates for county commissioners. Kentville and Haightville, as the West and the East side settlements were respectively called, had already become strong rivals. The Guelphs and Ghibellines, in the mediæval Florentine repub- lic, did not more earnestly strive for supremacy. No caucus or convention was called, and the factions informally divided the honors. Simon P. Doty, who had settled in Belvidere in 1835, was the candidate for commissioner for that part of the county. Thomas B. Talcott was the northern candidate. Mr. Haight was anxious to have the third elected from this bailiwick, but he was obliged to yield this point to his West side rival, who placed William E. Dunbar in the field.

FIRST COUNTY OFFICERS ELECTED.

The election was held on Monday, August 1, 1836, in a decidedly primitive manner. Writ- ten or printed ballots had not then been intro- duced into Illinois. Under the old constitution, all votes were to be given vive voce until other- wise provided by the general assembly ; and up to this time no change had been made. This method kept the interest at a high pitch, and enabled the voters to tell at any moment the relative strength of the several candidates. It is a gigantic stride from the vive voce vote of 1836 to the Australian ballot of today. At that time there was not a copy of the Illinois statutes in the county to direct the judges of election in the discharge of their duties. Mr. Kent, however, knew something of the election laws of Virginia and Alabama, Robert J. Cross

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HISTORY OF WINNEBAGO COUNTY

was familiar with those of New York and Michigan, and Mr. Griggs was acquainted with the laws of Ohio. The election, therefore, was not allowed to go by default for so slight a cause as ignorance of the laws of their adopted state. D. A. Spaulding had some acquaintance with the laws of Illinois, and he was made one of the clerks of election, and entrusted with the duty of making the poll-books. Simon P. Doty, Thomas B. Talcott and William E. Dun- bar were elected county commissioners; Daniel S. Haight, sheriff ; Daniel H. Whitney, recorder ; Eliphalet Gregory, coroner ; and D. A. Spauld- ing, surveyor. The results of the election for member of Congress and representatives in the General Assembly are given in a subsequent chapter devoted to this subject. There were 120 votes cast at this election. The names of the voters were as follows: David Caswell, George Caswell, David Barnes, P. P. Burnham, Thomas Crane, Thatcher Blakc, Seth Scott, Joshua Faw- cett, John Barrett, Jeremialı Frame, John F. Thayer, William Randall, John Welch, Joshua Cromer, John Slavins, David Blake, William Barlow, Joseph B. Baker, Daniel Fairchild, Livingston Robins, Alfred Shattuck, Alva Trask, William Smith, Ira Haskins, John Bunts, Simon P. Doty, Milton S. Mason, Timothy Caswell, Charles H. Pane, Royal Briggs, Solomon Wat- son, Abram Watson, Ralzimond Gardner, Mason Sherburne, John K. Towner, John G. Lock- ridge, John Allen, John Lovesse, A. E. Court- right, Henry Enoch, Ephraim Sumner, S. Brown, A. R. Dimmick, Samuel Hicks, H. M. Wattles, T. R. J. English, Oliver Robins. J. P. Griggs, Aaron V. Taylor, Luke Joslin, William Sumner, David D. Elliott, John Handy, Jacob Pettyjohn, Daniel S. Haight, Jacob Keyt, John Lefonton, John Kelsoe, William R. Wheeler, M. Ewing, Charles Works, Sidney Twogood, Phineas Churchill, Thomas B. Talcott, Austin Andrews, Thomas Lake, Benjamin McConnell, Benjamin DePue, Lewis Haskins, Aaron B. Davis. Joel Pike, R. M. Waller, Julius Trask, William Carey, Ephraim Wyman, P. D. Taylor, William Brayton, Israel Morrill, Harlyn Shattuck, David DeWitt, James B. Young, Abel Thurston, John Kaudler, John Adams, Milton Kilburn, Richard H. Enoch, Joseph Chadwick, Daniel Piper, John Hance, Henry Enoch, Jr., Peter Moore, Sylvester Sutton, V. B. Rexford, William G. Blair, Daniel H. Whitney, James Jackson. Isaac Adams, Isaac Harrell, E. A. Nixon. John Wood, William

Mead, Joseph Rogers, A. C. Gleason, Henry Hicks, John Brink, E. Gregory, L. C. Waller, James Thomas, G. Kent, Chauncey Mead, George Randall, W. H. Talcott, William E. Dunbar, S. A. Lee, Charles Reed, Carles Sayres, Robert J. Cross, D. A. Spaulding, Benjamin White, Jacob Enoch. The votes of two men, John Langdon aud Thomas Williams, were rejected.

On Wednesday, August 3, 1836, the county commissioners-elect met in special session at the house of Daniel S. Haight, for the trans- action of business necessary to complete the local government. Each commissioner admin- istered the oath of office to the other. Lots were drawn for the terms of one year, and two and three years respectively. D. A. Spaulding was elected clerk of the county commissioners' court ; and Robert J. Cross was chosen treasurer. William E. Dunbar was sent to Vandalia, the capital of the state, with the election returns. The term court might seem to imply that this body possessed judicial powers, but such was not the fact. Under the constitution of 1818, three commissioners were elected in each county for the transaction of all its business. This court performed the duties and exercised powers corresponding in a general way to those entrusted under the present law to the board of supervisors.

COUNTY DIVIDED INTO PRECINCTS.

At this first session of the court the com- missioners divided the county into seven pre- cincts, follows: Yellow River, which included the towns of Silver Creek, Ridot, Free- port, Lancaster, and the south half of Rock River, in Stephenson County; Rock Grove, which included the north half of Rock River, all of Buck Eye, Rock Grove, and the east half of Oneco, in Stephenson County, and Laona and Howard (now Durand) in Winnebago; Peeketolika, corresponding to the towns of Seward, Lysander (now Pecatonica) and Bur- ritt ; Kishwaukee, now the townships of Cherry Valley, New Milford, and part of Rockford Township; Rockford, which included the pres- ent townships of Winnebago, Guilford, the larger part of Rockford, and the south half of Owen and Harlem; Rock River, including the townships of Shirland, Harrison, Rockton, Ros- coe, north half of Owen and Harlem, and Man-

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HISTORY OF WINNEBAGO COUNTY

chester in Boone County; Belvidere, which included all of Boone County except Manchester Township. This precinct contained 252 square miles; yet at the first presidential election in 1836, it could poll only twenty-three votes. Rock River Precinct was 24 miles in length, and from 6 to 12 in width, and included six townships. At the presidential election pre- viously mentioned this immense territory could poll but twenty votes. The number of precincts was subsequently increased to ten.

COMPLETING COUNTY ORGANIZATION.

At this session of the court an order was issued, which fixed August 27 as the time of holding an election in each precinct, for jus- tices of the peace and constables. In only three of these precincts, however, were elec- tions held on that day. In Belvidere John K. Towner and John S. King were elected justices of the peace, and Abel Thurston and Mason Sherburne, constables. In Rock River, Sylvester Talcott and Robert J. Cross were elected jus- tices of the peace, and John P. Parsons and D. A. Blake, constables. In Peeketolika, Ephraim Sumner and Isaac Hance were chosen justices, and William Sumner and Thomas Hance, constables. These justices were the first judicial officers in the county. A second election for the four remaining precincts was ordered' to be held October 14, 1836. Upon the election of these officers at this time the county organization was completed. There was as yet no county seat. The act to establish the county, however, had provided that until public build- ings should be erected for the purpose, the courts should be held at the house of Daniel S. Haight or Germanicus Kent, as the county com- missioners should direct. The first claims against the county were presented at this ses- sion. Germanicus Kent, Robert J. Cross and J. P. Griggs, as judges of election, and D. A. Spaulding and S. A. Lee, as clerks, were allowed one dollar each. D. A. Spaulding was allowed fifty cents for stationery furnished for poll-books.

NEGOTIATIONS FOR A COUNTY SEAT.

The law establishing Winnebago County designated Robert Stephens and Rezin Zarley, of Cook County, and John Phelps, of Jo Daviess,

as commissioners, to locate the permanent seat of justice. These commissioners, or a majority of them, were authorized to meet on the first Monday in May, 1836, or as soon thereafter as may be, at the house of Daniel S. Haight, for the discharge of their duty. John Phelps never made his appearance. The other two commis- sioners met July 14th, at the place specified by law, for the selection of a site for the county buildings. At the county commissioners' court on Thursday, August 4, 1836, the report of the special commissioners was presented. The reader will avoid confusion by noting the dis- tinction between the three county commission- ers elected by popular vote, and the special commissioners designated by the statute to locate the county seat. The latter reported that on the 14th day of July they had met at the house of Daniel S. Haight, and that two days later they had selected a site on lands owned by Nicholas Boilvin & Co., on condition that the proprietors should execute a warranty deed to the county of thirty acres of land, so long as it should remain the seat of justice. On the same day Charles Reed presented to the county commissioners a deed of twelve blocks, contain- ing two and one-half acres each, situated about two miles up the river from the ferry cross- ing. The law was very specific concerning the location of a site. It provided that if the site chosen should be the property of individuals, instead of government land, the owners thereof should make a deed in fee simple of not less than twenty acres of said tract to the county ; or in lieu thereof they should pay the county $3,000, to be used in the erection of county buildings. Mr. Reed may have presented his deed in good faith, but it was not accepted because it contained an objectionable clause to the effect that the county should hold the prop- erty "so long as it should remain the seat of justice." This reservation defeated his scheme.

INTERESTING CHAPTER OF LOCAL HISTORY.

This tract of land came into possession of Nicholas Boilvin about one year previously. Mr. Boilvin was at one time a government agent for the Winnebago Indians. The several transfers of this property form an interesting chapter of local history. It has already been explained that by the treaty negotiated at Prairie du Chien, August 1, 1829, between the

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Historical encyclopedia of Illinois and history of Winnebago County, Volume II, Part 14

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