History of Alexander, Union and Pulaski Counties, Illinois, Part 39

Author: Perrin, William Henry, d. 1892?
Publication date: 1883
Publisher: Chicago, Ill. ; O.L. Baskin & Co.
Number of Pages: 948


USA > Illinois > Union County > History of Alexander, Union and Pulaski Counties, Illinois > Part 39
USA > Illinois > Pulaski County > History of Alexander, Union and Pulaski Counties, Illinois > Part 39
USA > Illinois > Alexander County > History of Alexander, Union and Pulaski Counties, Illinois > Part 39


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123


306


HISTORY OF UNION COUNTY.


1


gloomy outlook for the future. They agreed he would be a burden upon them as long as he or they lived ; that they would tenderly care for him as long as they lived, then in- voke the protecting mercies of heaven, and resign him to this not very charitable world. The hearing of this conversation was the turning point in the youth's life. Every word had sunk deeply in his heart, and, young and crippled as he was, he looked fortune in the face, and resolved that he would go out into the world and fight his own battles of life. He commenced to educate himself, and in a year or two concluded he was prepared to teach school. It is told of him that the first house he visited for the purpose of making up his school, the family saw the poor cripple hobbling toward their door, and, supposing he was a beggar, slammed the door in his face, and he was compelled to turn away. But he persevered, and became a school teacher. In 1817, he came to Illinois, and among those rough peo- ple commenced a school a short distance be- low Jonesboro. Afterward he was put in possession of a small stock of goods in Jones- boro, to sell on commission. For many years he was Recorder, County and Circuit Clerk, and Probate Judge, and he was eventually able to purchase the stock of goods that he had been managing on commission. So in- timately had his life become interwoven with the courts of the county, that when it came to adopt the design for the county seal, it appropriately was formed representing Davie sitting at a desk writing, showing his crooked and crippled lower limbs, and crossed and forming an arch above the desk were his two crutches. It is now to be regretted that this design was ever changed and a new seal adopted, as was done, and an account of which appears in the preceding chapter.


When Mr. Davie had purchased the little


store, he then commenced his true career, and he extended, enlarged and pushed the busi- ness, successfully fighting his way against Willis Willard, his brother-in-law, or any and all competition that could come against him, and he retired from office and gave his entire attention to his business, which soon grew to vast proportions. He possessed an energy, clear, strong judgment and a fore- sight in all business affairs that were never at fault. His physical defects were more than compensated for in his active and pow- erful intellect, and he amassed great wealth, and at one time had more employes and de- pendents than any other man in the county. His master mind guided and controlled and managed much of the business affairs of the county, and here he was even more valuable to the growing young community than he had been as an officer and executive in the official matters of the county. His charity was ex- pansive and just, and while he ruled with firm decision and strong emphasis, he scrupu- lously rewarded merit and never overlooked, even in his humblest dependents, true worth. Nature had so equipped him for life that the very misfortunes that environed him were converted into stimulants to urge him forward to the accomplishment of great enterprises, where others under the same circumstances would have despaired and turned their faces to the poor house.


He married Anna Williard and it is whis- pered that at this important period of his life he met the same troubles that attended his first effort to secure a school. The same old objection was made, that he was a cripple and poor, and here again came back and was re- newed the great resolve of his boyhood, that he would have a fortune that should equal or surpass that of those who urged these objec- tions against him, and he did.


Like the generality of cripples, he was


307


HISTORY OF UNION COUNTY.


very sensitive on the subject, and never al- luded to it. When it was spoken of by others in his presence, he would change the subject, and any attempt to force sympathy upon him was sternly rejected. On one occasion, after he had sold a customer a large bill of goods, and all was satisfactorily settled, the custom- er cominenced the usual story of his sorrow and sympathy for Davie's misfortunes. Da- vie made several efforts to turn the subject, and when his patience was exhausted he gave the man a most meaning look and answered, " Yes, yes, but after all it is better to be crip- pled in the legs than in the head."


Some years ago, Mr. Davie divided the bulk of his large property among his children and retired from business life. His great mind had burned out its strength and brightness, and a recluse and an invalid he day by day and now almost hour by hour calmly awaits that summons from the high court of God that will come to us all.


Richard M. Young was among the earliest lawyers in Union County. He was appointed pro tem. Circuit Attorney at the March term of the Circuit Court in 1823. Judge Young was a bright young man, and had the gift of fine colloquial powers, and in his intercourse with men was smooth and urbane, and al- together an address well calculated to im- press all he met as a man of excellence and worth, in which lay the secret of his success, rather than in the force, vigor and compass of intellect. His talents were respectable, and above mediocrity. He was a Kentuckian, of spare build, rather tall, educated, and a lawyer by profession. In 1824, he was elected by the Legislature one of five Circuit Judges, and assigned to the Second Circuit. He was elected to succeed Gen. W. L. D. Ewing in the United States Senate, and served out a full term, from March 4, 1837, to March 4, 1843. Samuel McRoberts was


his principal opponent; Archie Williams and Gen. Ewing also received some votes, the former twenty-one and the latter thirteen. In 1839, Judge Young was appointed by Gov. Carlin one of the State agents, in connection with Gov. Reynolds, to negotiate the $4,000,- 000 canal loan, for which purpose they re- paired to Europe, and their advances of $1,- 000,000 in Illinois bonds to the house of Wright & Co., of London, proved a heavy loss to the State. Yet, under party operations, be- fore his Senatorial term expired, he was made, February 3, 1842, a Supreme Judge, a posi- tion which he held until 1847. He died in Washington in an insane asylum.


Alexander and Abner Field were here at the very commencement of the county's ex- istence. They were men of strong charac- ters, and Alexander Field's long life career clearly points out that he was no ordinary man. He took from the very first of his en- try into the bar a commanding position. A good lawyer, sound reasoner and a brilliant orator, either at the bar or on the stump. He won his way to a large law practice, and from county offices was appointed Secretary of State December 31, 1828, and with a con- stant war upon him of rival candidates for that office, he held it until November 30, 1840. When he became Secretary of State, be changed his residence to Vandalia and Springfield, and for years he was one of the " circuit riders " of the Illinois bench and bar, and continued to add to his already ex- tended reputation as one of the celebrated lawyers of that time that was noted for its remarkable men. He seems to have been of a roving, restless disposition. He removed his home to St. Louis, and for some years was among the foremost lawyers of that city. Then he went to New Orleans, and there made his home until his death, a few years ago, at an advanced age.


.


310


HISTORY OF UNION COUNTY.


pro tem., Prosecuting Attorney. May, 1842, John A. McClernand appeared among the attorneys. In 1842, Thomas Hodges was Sheriff, S. S. Condon, Clerk, and H. F. Walker, Coroner. W. A. Denning was Pros- ecuting Attorney in 1845.


In 1844, Daniel Hileman was Probate Judge of the county. At September term, 1847, W. A. Denning was the presiding Judge; John Grear was County Coroner. In 1849. Thomas Hileman became Clerk of the Circuit Court, Master in Chancery, and Pro- bate Judge. The last two offices he has held ever since, and when he fills out his present term of office, will have held the positions thirty-six years-an average life-time. May, 1851, Alexander J. Nimmo was Sheriff, W. K. Parish, State's Attorney, and John C. Albright, Coroner. May, 1852, James W. Bailey was County Clerk. In 1853, Syrean Davis was Sheriff, John A. Logan, Prosecut- ing Attorney, W. K. Parish, Judge, A. J. Nimmo, Sheriff. 1858, M. C. Crawford was State's Attorney. 1859, Thomas J. Finley, County Clerk, A. M. Jenkins, Judge, Nimmo, Sheriff, Hileman. Clerk, and A. P. Corder, Prosecuting Attorney. 1861, Lorenzo P. Wilcox, Sheriff. At the May term, 1863, Thomas J. Finley, Sheriff, and at the Octo- ber term of the same year, William C. Rich was the Sheriff. 1864, John H. Mulkey. Judge, W. C. Rich, Sheriff, M. C. Crawford, Attorney, and Hileman, Clerk. At May term, 1865, George W. Wall was Prosecuting At- torney. and A. J. Nimmo, Clerk. 1866, W. H. Green, Presiding Judge. October term, 1867, M. C. Crawford, Judge, Joseph McEl- hany, Sheriff. 1869, W. C. Rich, Sheriff. 1871, Jacob Hileman, Sheriff, Jackson Frick, Prosecuting Attorney, and A. Polk Jones, Clerk. Jones died about one month after entering upon the duties of his office for the third term. The Court appointed Henry P.


Cozby Clerk pro tem., who continued to fill the place until the election of the present. incumbent, Ed. M. Barnwell. In 1878, there were elected for this judicial district Judges Daniel M. Browning, Oliver A. Harker, and David J. Baker.


Among the attorneys resident of the coun- ty, we have given an extended account of the earliest who were here, including Gov. Dougherty. Succeeding these were M. C. Crawford, John E. Nail, James H. Smith, David L. Phillipps, W. A. Hacker, W. L. Dougherty, Wesley Davidson, Semple G. Parks, who is now Judge of the County Court of Perry County.


W. A. Hacker was a native of this county, and was educated at West Point. He re- moved to Alexander County, and died there a few years later.


W. L. Dougherty was a son of Gov. Dougherty, and was considered one of the promising young attorneys of the county. Wesley Davidson was a school-mate of the writer of these lines at McKendree College. He was a good, average bright student, but was impulsive and inclined to be erratic. He was drowned a few years ago.


John E. Nail was a common law and chan- cery practitioner of good abilities. Read law with J. H. Smith, of Chicago. Located in Union County, and commenced the prac- tice of his profession. Married Sarah J. Dishon.


Alexander N. Dougherty studied law in his father's (Gov. Dougherty's) office. Was admitted to the bar in 1863, and died in Jonesboro in 187S.


W. A. Spann was a native of Union Coun- ty, now of Johnson County. He has been twice in the Legislature from his district.


W. S. Day is a native of Tennessee. He came to Union County when very young, studied law with Judge Crawford, and has


311


HISTORY OF UNION COUNTY.


already reached a prominent position at the bar.


Robert W. Townes, a native of Illinois, was admitted to the bar in 1861, and imme- diately went to the war as Orderly Sergeant in Company C, Eighteenth Illinois Volun. teers. He was soon transferred to the Thir- ty-first Regiment and made Adjutant thereof, acting as Acting Adjutant General to Gen. Logan in the Fort Donelson battle. He was promoted to Lieutenant Colonel. When he returned from the war, he located in Duquoin, and engaged in the active practice of his profession. He was elected Prosecut- irg Attorney for the Third Judicial District, and served the term with ability and great fidelity. He was at one time Secretary of the Illinois State Senate.


David L. Brooks, a son of Dr. B. W. Brooks, was a member of the Union County bar as far back as 1852. He was a very bright young lawyer. He died in 1845.


Jackson Frick, son of Caleb Frick, was born in Jonesboro in 1849. He graduated at Yale College, and was universally consid- ered a most promising and brilliant young man. He studied law with Judge Crawford. He died on the very threshold of his young life in 1877.


Mathew J. Inscore, a native of Robinson County, Tenn. Was admitted about 1860, and has commanded a large practice.


Thomas H. Phillipps, a native of St. Clair County, Ill. His biography will be found in another columnn.


William C. Moreland, born in Tennessee, studied law with Col. Bob Townes, and was admitted in 1877.


Hon. Sidney Greer is a native of Union County, studied law with Gov. Dougherty; was licensed as attorney in 1879, and is now serving a term in the Legislature as a Repre- sentative.


David W. Karraker, the present County At- torney, is a native of Union County, read law with Gov. Dougherty, and was admitted to the bar in 1879.


W. C. Rich was admitted in 1880 to the practice of the law. He has served the peo- ple as County Treasurer and also as County Superintendent of Schools.


Hugh Andrews, one of the present practic- ing attorneys of the county. His biography will be found in another part of this work.


Jesse Ware is a native of Ohio, and was licensed as a lawyer in 1857. He came to the State in 1855, and studied law with Judge Reeves, of Bloomington, Ill. He has served two terms in the State Senate, commencing in 1872 and retiring in 1880.


W. B. Maxey came to the county when three years old, and has lived in Union Coun- ty. He studied law with W. S. Day and was admitted to the practice in 1882.


H. F. Bussey, a native of St. Louis, came to Anna in 1877. He is thirty-one years old; studied law with M. J. Inscore, and was ad- mitted in 1881.


Judson Phillipps is a native Illinoisian, only recently admitted to the bar, and has opened an office in Anna.


Townsend W. Foster, of Cobden, was ad- mitted in 1881.


This includes the prominent facts of the bench and bar of Union County. The rem- iniscences and anecdotes and remarkable cir- cumstances of the earliest day of the legal life of the county are now mostly forgotten, and are buried with those who were here and were actors, but have now passed away. Pre- vious to the organization of Union County, there was here a community which grew to more than two thousand people, and were literally without " law or gospel "-without. schools, churches or officers of the law. Their courts and police and marshals were only


310


HISTORY OF UNION COUNTY.


pro tem., Prosecuting Attorney. May, 1842, John A. McClernand appeared among the attorneys. In 1842, Thomas Hodges was Sheriff, S. S. Condon, Clerk, and H. F. Walker, Coroner. W. A. Denning was Pros- ecuting Attorney in 1845.


In 1844, Daniel Hileman was Probate Judge of the county. At September term, 1847, W. A. Denning was the presiding Judge; John Grear was County Coroner. In 1849, Thomas Hileman became Clerk of the Circuit Court, Master in Chancery, and Pro- bate Judge. The last two offices he has held ever since, and when he fills out his present term of office, will have held the positions thirty-six years-an average life-time. May, 1851, Alexander J. Nimmo was Sheriff, W. K. Parish, State's Attorney, and John C. Albright, Coroner. May, 1852, James W. Bailey was County Clerk. In 1853, Syrean Davis was Sheriff, John A. Logan, Prosecut- ing Attorney, W. K. Parish, Judge, A. J. Nimmo, Sheriff. 1858, M. C. Crawford was State's Attorney. 1859, Thomas J. Finley, County Clerk, A. M. Jenkins, Judge, Nimmo, Sheriff, Hileman, Clerk, and A. P. Corder, Prosecuting Attorney. 1861, Lorenzo P. Wilcox, Sheriff. At the May term, 1863, Thomas J. Finley, Sheriff, and at the Octo- ber term of the same year, William C. Rich was the Sheriff. 1864, John H. Mulkey, Judge, W. C. Rich, Sheriff, M. C. Crawford, Attorney, and Hileman, Clerk. At May term, 1865, George W. Wall was Prosecuting At- torney, and A. J. Nimmo, Clerk. 1866, W. H. Green, Presiding Judge. October term, 1867, M. C. Crawford, Judge, Joseph McEl- hany, Sheriff. 1869, W. C. Rich, Sheriff. 1871, Jacob Hileman, Sheriff, Jackson Frick, Prosecuting Attorney, and A. Polk Jones, Clerk. Jones died about one month after entering upon the duties of his office for the third term. The Court appointed Henry P.


Cozby Clerk pro tem., who continued to fill the place until the election of the present. incumbent, Ed. M. Barnwell. In 1878, there were elected for this judicial district Judges Daniel M. Browning, Oliver A. Harker, and David J. Baker.


Among the attorneys resident of the coun- ty, we have given an extended account of the earliest who were here, including Gov. Dougherty. Succeeding these were M. C. Crawford, John E. Nail, James H. Smith, David L. 'Phillipps, W. A. Hacker, W. L. Dougherty, Wesley Davidson, Semple G. Parks, who is now Judge of the County Court of Perry County.


W. A. Hacker was a native of this county, and was educated at West Point. He re- moved to Alexander County, and died there a few years later.


W. L. Dougherty was a son of Gov. Dougherty, and was considered one of the promising young attorneys of the county. Wesley Davidson was a school-mate of the writer of these lines at McKendrea College. He was a good, average bright student, but was impulsive and inclined to be erratic. He was drowned a few years ago.


John E. Nail was a common law and chan- cery practitioner of good abilities. Read law with J. H. Smith, of Chicago. Located in Union County, and commenced the prac- tice of liis profession. Married Sarah J. Dishon.


Alexander N. Dougherty studied law in his father's (Gov. Dougherty's) office. Was admitted to the bar in 1863, and died in Jonesboro in 1878.


W. A. Spann was a native of Union Coun- ty, now of Johnson County. He has been twice in the Legislature from his district.


W. S. Day is a native of Tennessee. He came to Union County when very young, studied law with Judge Crawford, and has


311


HISTORY OF UNION COUNTY.


already reached a prominent position at the bar.


Robert W. Townes, a native of Illinois, was admitted to the bar in 1861, and imme- diately went to the war as Orderly Sergeant in Company C, Eighteenth Illinois Volun. teers. He was soon transferred to the Thir- ty-first Regiment and made Adjutant thereof, acting as Acting Adjutant General to Gen. Logan in the Fort Donelson battle. He was promoted to Lieutenant Colonel. When he returned from the war, he located in Duquoin, and engaged in the active practice of his profession. He was elected Prosecut- ing Attorney for the Third Judicial District, and served the term with ability and great fidelity. He was at one time Secretary of the Illinois State Senate.


David L. Brooks, a son of Dr. B. W. Brooks, was a member of the Union County bar as far back as 1852. He was a very bright young lawyer. He died in 1845.


Jackson Frick, son of Caleb Frick, was born in Jonesboro in 1849. He graduated at Yale College, and was universally consid- ered a most promising and brilliant young man. He studied law with Judge Crawford. He died on the very threshold of his young life in 1877.


Mathew J. Inscore, a native of Robinson County, Tenn. Was admitted about 1860, and has commanded a large practice.


Thomas H. Phillipps, a native of St. Clair County, Ill. His biography will be found in another column.


William C. Moreland, born in Tennessee, studied law with Col. Bob Townes, and was admitted in 1877.


Hon. Sidney Greer is a native of Union County, studied law with Gov. Dougherty; was licensed as attorney in 1879, and is now serving a term in the Legislature as a Repre- sentative.


David W. Karraker, the present County At- torney, is a native of Union County, read law with Gov. Dougherty, and was admitted to the bar in 1879.


W. C. Rich was admitted in 1880 to the practice of the law. He has served the peo- ple as County Treasurer and also as County Superintendent of Schools.


Hugh Andrews, one of the present practic- ing attorneys of the county. His biography will be found in another part of this work.


Jesse Ware is a native of Ohio, and was licensed as a lawyer in 1857. He came to the State in 1855, and studied law with Judge Reeves, of Bloomington, Ill. He has served two terms in the State Senate, commencing in 1872 and retiring in 1880.


W. B. Maxey came to the county when three years old, and has lived in Union Coun- ty. He studied law with W. S. Day and was admitted to the practice in 1882.


H. F. Bussey, a native of St. Louis, came to Anna in 1877. He is thirty-one years old; studied law with M. J. Inscore, and was ad- mitted in 1881.


Judson Phillipps is a native Illinoisian, only recently admitted to the bar, and has opened an office in Anna.


Townsend W. Foster, of Cobden, was ad- mitted in 1881.


This includes the prominent facts of the bench and bar of Union County. The rem- iniscences and anecdotes and remarkable cir- cumstances of the earliest day of the legal life of the county are now mostly forgotten, and are buried with those who were here and were actors, but have now passed away. Pre- vions to the organization of Union County, there was here a community which grew to more than two thousand people, and were literally without "law or gospel "-without. schools, churches or officers of the law. Their courts and police and marshals were only


312


HISTORY OF UNION COUNTY.


public opinion, and a few simple modes of punishing bad men that were mild, swift, certain and effective. All crimes above a cer- tain grade, such as are now here grand and petit larceny, were punished by banishment, and others by whipping, and still others by the contempt and manifest loathing toward the guilty by the entire community.


The establishing of the new order of things came strangely to these people. We believe it was Gov. Reynolds who tells of an early court. The grand jury found a true bill against a man for hog stealing. The jury had not the assistance of trained lawyers to write their indictments, and they had no idea how to word it. They searched among the records and law books, and finally found an indictment for murder. They copied this, merely substituting the thief's name for that of the murderer, where it occurred in the in- strument, and depended on an "aside remark" to the court to explain that that particular case was hog murder and not human slaugh- ter. And upon this indictment the man was tried, convicted, whipped and ordered out of the country, with as much justice, accuracy, and with as certain bringing out of the truth in the case as was ever done in a court where the most learned and noted lawyer had drawn all the miserable verbiage and idiotic iteration and reiteration that would make a perfect indictment. It is an old story that necessity is the mother of invention. In this necessity of this jury was made a true discovery, but it was allowed to sleep and be forgotten. Its memory passed away and left no impression. The reader can see for him- self the moral force of the incident. It dem- onstrated that the idea of the old common law indictment and its technicalities, and quibs, and quibbles are mere nonsense, and that their day of usefulness has passed away centuries ago. The vast intricacies, machin-


ery, subtleties, formalities, red tape and child- ish puerilities of our ignorant ancestors of the dark ages-the dreary ages of feudalism and slavery-are brought down to afflict and curse the people, and the courts, legislators and lawyers cling to these barbarisms with a tenacity that makes our highest courts and most learned law-makers the objects of the sneers and contempt of all men of sense. The result is that the law that should only protect and guard the people's rights and liberties is a vast machinery of oppression, outrage and wrong. The courts are largely the refuge of scoundrels, and the dread and horror of good men. Can any man tell why we retain the grand jury-a secret star chamber-that is a menace to the rights and privileges of every good man in community ; with its pre- miums and rewards to every sneak, coward and scoundrel in the world to go and stab his neighbor in the dark and assassinate his fair name, and make the people foot the bills of his diabolical acts. This clinging to old bar- barisms and abominations for centuries are an index, that cannot be mistaken, that the majority of men are mere creatures of custom and habits, and are no more given to look at things and reflect about them than is a nest of blind mice.


1818-The convention to adopt the State Constitution assembled at Kaskaskia in July. Adjourned August 26, of same year. There were thirty-three delegates. The Constitu- tion was adopted without being submitted to the people. Approved by Congress Decem- ber 3, 1818. The members from Union County were William Echols and John Whit- aker.


In the State Legislature of the same year Thomas Cox was Senator, and Jesse Echols, Representative.


1820-Edmund B. W. Jones, Senator, and Samuel Omelveny, Representative.


Caleb Miller


315


HISTORY OF UNION COUNTY.


1822-John Grammer, Senator; Alexander P. Field, Representative.


1824-Alexander P. Field, of Union, was a Presidential Elector. In 1828 Richard M. Young was an elector, and in 1852 Edward Omelveny.


Assembly, 1824-26-John Grammer was Senator for Union and Alexander ; John S. Hacker and John Whitaker, Representatives.




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.