History of Bureau County, Illinois, Part 39

Author: Bradsby, Henry C., [from old catalog] ed
Publication date: 1885
Publisher: Chicago, World publishing company
Number of Pages: 776

USA > Illinois > Bureau County > History of Bureau County, 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).

November 20, 1837, was married by Elisha Searl, J. P., John Perrine and Rachel Whit- aker; December 13, by John Searl, J. P., Joseph S. Meyers and Delina Searl; Decem- ber 24, by Squire Daniel Bryant, Liberty Stimpson and Leah Clark; November 30, by Rev. Z. Hall, S. F. Deming and Mary Zearing.

This concluded the first year's work in this line by the new county, and the marrying Fones it seems retired until the holidays were over. January 7, 1838, by William Franken- berger, Esq., John Britt and Nancy Watkins. January 25, by Rev. Z. Hall, Thomas Mer- cer and Nancy Brigham.

This was ex-County Clerk Mercer, who is now in Seattle, W. T., with his second wife and three grown daughters.

January 28, by Rev. James B. Chenoweth, John Galer and Martha Miller.

On the same day, by Squire William Frank- erberger, Samuel F. Fay and Mary Mercer.

January 18, Squire Nathaniel Applegate married Randolph Hasler and Susannah Will- iams.

February 8, Rev. Lucien Farnham mar- ried Andrew F. Smith and Lucy Chamber- lain.

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HISTORY OF BUREAU COUNTY.

February 2, Morris Spalding, Esq., mar- ried Constant R. Searl and Cyrene G. Lang- worthy.

April 12, Squire Frankerberger married Thomas Vincent and Julian Frankerberger.

May 8, Rev. Chenoweth, Samuel Huston and Mary E. Lyman.

August 16, Rev. Farnham, Charles Leeper and Delilah Spencer.

The license in the above case is recorded by D. G. Salisbury, Deputy County Clerk.

August 30, the same D. G. Salisbury being then Probate Justice of Bureau County, mar- ried Harrison Epperson and Abigail Heaton.

May 14, Rev. Franklin Langworthy mar- ried Charles Luce and Olivia Monroe.

September 3, by Rev. Farnham, Benjamin Porter and Caroline Smith.

July 5, by Rev. Aaron B. Church, Joseph Smith and Olivia Pratt.

August 6, by same, Oliver Everett and Emily Everett.

October 31, by same, William O. Cham- berlain and Lucy Topliff.

This is the "Dr. Bill" of whom the poet, John H. Bryant, has immortalized in his des- cription of his courtship with old Moumese's dusky daughter, a full account of which may be found in another part of this work.

November 1, by Rev. George Smith, Ste- phen F. Harrington and Lavina A. Scott.

November 19, by Rev. Church, Joseph Foster and Elizabeth B. Vaughn.

October 25, by Rev. Chenoweth, Garner C. Mills and Elenor Riley.

Same day, by same preacher, Allen Tomp- kins and Sarah Ann Laughery.

Same day and preacher, Alfred F. Clark and Harriett Doolittle.

November 25, by Rev. Headley, William Robbins and Mary Hyberle.

November 27, by Rev. Church, Samuel Triplett and Mary Ann Vaughn.

November 29, by Rev. Church, Sidney Smith and Laura Doolittle.

This was all there was in this line in the year 1838. It shows a commendable activity in this important industry.

But there was no holiday rest this year 1839 as there had been the year before, for on the 1st day of January, 1839, Squire Moses Spald- ing married George W. Minnier and Sarah Ireland.

January 22, by Rev. Farnham, Selden D. Moseley and Harriet N. Gage.

February 14, by Rev. Chenoweth, George Dennison and Susan N. Headley.

February 27, by Rev. Farnam, Elisha Fas- sett and Jane Ann Jenkins.

March 21, by Judge Salisbury, Martin Tompkins and Mary Riley.

March 21, by Squire Spalding, David Bee- ver and Sylvia Williams.

April 3, by Squire Daniel Bryant, Samuel I. Haight and Laura A. Miller.

November (day of month not given), by Rev. Lumry, James Coddington and Catha- rine Fearer.

December (day not given again), by Rev. Lnmry, Abel Osman and Mary Rumbell.

March 26, by Rev. Lumry, Levi B. La- throp and Laura Judd.

May 19, by Squire Spalding, John Triplett and Rozanna Leonard.

May 24, by Rev. Lumry, William B. Har- ford and Martha Ann Ellis.

May 2, same, James Porterfield and Eliza Brigham.

June 5, by Rev. Joshua Vincent, William E. Bell and Almira Headley.

July 7, by same, Ambler Edson and Tem- perance P. Bruce.

June 26, by Rev. Church, Oscar G. Cham- berlain and Elizabeth Merritt.

Juue 24, by James H. Dickey, Noah Wis- wall and Elizabeth Lovejoy.

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HISTORY OF BUREAU COUNTY.

August 1, by Rev. Owen Lovejoy, David Wells and Mary Smith.

August 11, by Rev. P. J. Strong, Wilson M. Swan and Mary F. Wilhite.

This was the last marriage license recorded by Clerk B. L. Smith. The Angust election was just over and S. F. Demming being elect- ed Clerk he records the next license, which is dated September 19, and certifies to the marriage of Abott Ellis and Matilda L. Dur- ham.

October 19, Rev. Owen Lovejoy, Alfred Anthony and Mary M. Cushing.

October 29, by Squire Spalding, William Hudnut and Catharine Manier.

November 19, by Squire E. S. Phelps, Jacob Craisand and Catharine Genslinger.

December 4, by Rev Chenoweth, H. O. Merriman and Sarah H. Kinney.

This is the Merriman who was among the early attorneys here and afterward went to Peoria, and Sarah Kinney was a daughter of Simon Kinney, and a sister of the celebrated H. L. Kinney. Of both these people a more complete account may be found in another chapter.

December 19, by Rev. Chenoweth, Alford Lyford and Mary Emmerson.

This concluded the marrying for the entire year 1839 in the county. It was only a little over an average of two per month for the year.

In August, 1843, C. W. Combs appeared as the County Clerk, having been elected to succeed Demming.

The first money appropriation ever made by Bureau County was $15 to procure plank to cover bridges across the slonghs emptying into West Bureau Creek, on the stage road, near Elijah Smith's. Enos Matson was ap- pointed agent to expend the money.

The next item was $50 appropriated for the bridge as follows: The "one near James G.

Forrestall's on Main Bureau." Robert C. Masters was appointed to expend this money.

Five dollars was appropriated and Arthur Bryant appointed to expend the same on the bridge in the southwest quarter of Town 16, Range, 9 east.

And $15 was also appropriated for the roads in Section 16 north, Range 11 east, and Will- iam Hoskins to superintend this work.

This was all the appropriations made at this first term of the County Board, except some small items for services.

Roads, roads, roads was the one great first subject to the people west of the river. We do not know but from this action of the first meeting of the Board, we can readily under- stand why what is now Bureau County was so anxious to detach itself from Putnam and become independent.

The old style County Commissioner's Court was a judiciary and executive, and legislative body to some extent. It embodied the old idea that it was the duty of the local govern ment to regulate all public affairs and a great many private ones. Hence, at one time in this State every county had some such regn- lation as the following:

"It is ordered by this court that the follow- ing rates of charges be allowed to be charged by the taverns in the county [only two had been licensed to keep taverns when this order was passed, namely John Vaughan and Jon- athan T. Holbrook], to-wit:

One meal of victuals. $ 0.25

Lodging one person. .12}

Spirits for one dram, } pint or less. .12}

Stabling and feed for horse. .124

Oats by the feed at the rate per bushel. 1.00 But when sold by bushel. . .87}

These are fair samples of the entire list.

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HISTORY OF BUREAU COUNTY.

CHAPTER XXVI.

THE LEGAL DOINOS-THE COURTS-LAWYERS-JUDOES, AND THOSE WHO HAVE HELD OFFICE COUNTY, STATE AND NATIONAL-ETO., ETC., ETC.

THE act creating Bureau County provid- ed it should become a part of the Sixth Judicial Circuit, and that the court should have terms twice a year. Judge Daniel Stone, of Peoria, was the Presiding Judge, and he issued his proclamation convening the first court at Princeton, on the fourth Mon- day of June, 1838. Accordingly the court met on the day appointed, in the Hampshire Colony Church. Present: Daniel Stone, Judge; Cyrus Bryant, Clerk; Cyrus Lang- worthy, Sheriff; Edward Southwick, Circuit Attorney. Judge Stone had appointed Bry- ant, Clerk, the commission dated August 19, 1837. 6 Joseph Duncan, Governor, issued Langworthy's commission as Sheriff, July 11, 1837. The first case on the docket was Jacob Galer vs. Richard Pearce, an attach- ment suit for $53 for lumber sold to Pearce and used in improving his property in Princeton, a building on Lot 159. Publica. tion was made in the Peoria Register. Prin- ter's fee $3.25. The second was an appeal from Judge Salisbury's court to the Circuit Court. It was Davis & Moon vs. James Peters, suit on a promissory note for $94, bearing 12 per cent interest. The third suit was Nichol & Osborn vs. Alfred Tom- kins, appeal. William C. Reagan, N. H. Purple, and T. Lyle Dickey were the attor. neys present at this court. The first indict- ment was for larceny against David Beaty. Then they indicted Thomas J. Cole for adultery. The criminal cases were continued under bonds.

The December court failed to convene as it had been appointed to do, and the next

term of the court was March 27, 1839; Thomas Ford, Judge, and Norman H. Pur- ple, State's Attorney. It was in session three days and adjourned. In July, 1839, the court again convened, same officers, etc., of the preceding court. March 24, 1840, court again met, same officers and attorneys. April 5, 1841, Judge Ford reappointed Cyrus Bryant, Circuit Clerk. September, 1841, court agaiu met, same officers and attorneys. April, 1842, same again, except Seth B. Far- well, State's Attorney. September term, 1842, John D. Caton was the Presiding Judge; Stephen Smith, Sheriff; other officers the same. In May, 1842, Sheriff Lang- worthy appointed Samuel Jones Under Sheriff.

At the August election, 1842, Stephen Smith was elected Sheriff, Cyrus Bryant was again elected Circut Clerk, and ap- pointed E. S. Phelps, Deputy. Henry Thomas was elected Coroner.

In August, 1842, Rudolph G. Sauer ap- plied for naturalization to the Circuit Court. He seems to have been the first in this line. Simon Kinney appears as an attorney in the circuit as early as 1842. October, 1843, Judge Caton again presiding, and Ben- jamin F. Fridley was State's Attorney. The same officers held the May term of the court, 1844, same at the September term. Same at the May term, 1845. September term, this year, same again. At the May term the same again, except Burton C. Cook appeared as State's Attorney. At the September term, 1846, B. F. Fridley again appears as Circuit Attorney. May, 1847, B. C. Cook again was State's Attorney. Same officers at the fall term, this year. At the May term, 1848, David Brown appeared as the Clerk, and at the fall term, 1848, Joseph V. Thomp- son appeared as Sheriff, the other officers same as previous court. R. T. Templeton

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HISTORY OF BUREAU COUNTY.

was County Coroner. At the May term, 1849, Hugh Henderson was Judge; Justin H. Olds, Clerk; J. V. Thompson, Sheriff; B. C. Cook, State's Attorney. At the October term, this year, T. Lyle Dickey was Judge. May term, 1850, same officers. April term, 1851, E. M. Fisher was Sheriff, the other officers same as previous court. At the Octo- ber term, 1851, J. O. Glover appeared as pro tem. State's Attorney. In 1852 the old offi- cers were all present, and again at the Sep- tember term. There was a term of the court in January, 1853, Judge E. S. Leland presid- ing; E. M. Fisher, Clerk; Osmyn Smith, Sheriff; W. H. L. Wallace. State's Attorney. At the March term the same. October term same again. January, 1854, the same again. October term, same. January term, 1855, Stephen G. Paddock was the Sheriff. At the June special term, 1855, Madison E. Hollister was Presiding Judge. Again October term. January term, 1856, same. October term same. January term, 1857, Hollister, Judge; E. M. Fisher, Cierk; Z. K. Waldron, Sheriff; W. Bushnell, State's Attorney. At the Sep- tember term, 1857, Martin Ballou, Judge; Fisher, Clerk; Waldron, Sheriff; George W. Stipp, State's Attorney. January, 1858,

April term, same. September term, same.

same. January term, 1859, D. E. Norton was Sheriff. September term, 1859, Judge Hollister presiding. December, 1859, same. March, 1860, same. September, 1860, same. December term, 1860, Hollister, Judge; G. M. Radcliffe, Clerk; David E. Norton, Sheriff. March, 1861, Daniel McDonald was Sheriff, and D. P. Jones, State's Attorney. August, same. December, same. March, 1862, same. August, same. March, 1863, same, except Silas Battey appeared as Sheriff. August, same. December, do. March, 1864, do. The August term, 1854, was postponed to September by Judge Hollister. December,

1864, Henry F. Royce, Clerk; Moses G. Loverin, Sheriff; Charles Blanchard, State's Attorney. Special term of the Circuit Court, March, 1865, same. August, same. December, same. March, 1866, same. Special term, June, same. August, same. December term, 1866, Edwin S. Leland, Judge. March term, 1867, Samuel L. Rich- mond, Judge; Nicholas C. Buswell, Sheriff; Henry F. Royce, Clerk. December term, Judge Leland presiding. January, 1868, Daniel H. Smith was appointed Deputy Clerk, and Charles J. Peckham, Deputy Clerk. March term, 1869, Clark Gray was Clerk. He appointed Scott Chapman, Deputy. March, 1870, Atherton Clark was Sheriff; Judge Leland, presiding. Septem- ber, 1870, same. December, same. March term, 1871, Martin Carse was Sheriff. Sep- tember, same. December, same. March, 1872, same. August, same. October, the Clerk-elect was George W. Stone. He was commissioned by Gov. Palmer. Stone ap- pointed Clark Gray his Deputy, and in De- cember following he appointed D. H. Smith, Deputy. M. G. Loverin was re-elected Sher- iff. He appointed Philo H. Zeigler, Deputy. March, 1873, Leland, Judge; Stone, Clerk, and Loverin, Sheriff. August, same. Mareh, 1874. same. August, same. December, 1874, Alexander Brandon appeared as Sheriff. March, 1875, Charles C. Warren was State's Attorney. August, same. December, 1875, same. March, 1876, Arthur A. Smith, Judge, presiding, having exchanged with Judge Leland. December, 1876, Judge Leland, presiding; Daniel H. Smith, Clerk; Alex- ander Brandon, Sheriff. March, 1877, same. December term, 1877, Francis Goodspeed, Judge. March, 1878, Josiah McRoberts, Judge. August, 1879, same. December, 1879, Judge Goodspeed, presiding. March term, 1880, Judge G. W. Stipp, presiding.

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HISTORY OF BUREAU COUNTY.

October 9, 1880, Smith appointed Hubble, Deputy. December term, 1880, Judge Good- speed, presiding. March, 1881, Judge Stipp, presiding. August, 1881, Judge Josiah Mc- Roberts, presiding. December, Judge Good- speed. March, 1882, same. August, same. December, James H. Robinson, Sheriff; Judge Goodspeed, presiding. March, 1883, Judge Stipp held the term of court.

Judge Goodspeed Resigns .- Judge Francis Goodspeed had been in precarious health for some time, and in July, 1884, he resigned and the Governor, on August 1, 1884, ap- pointed to the vacancy Charles Blanchard, of Ottawa, as one of the Judges of the present Ninth Judicial Circuit; August, 1883, Judge McRoberts; December, Judge Stipp.

R. M. Skinner was elected State's Attorney in 1876; served until 1880. In 1880 Charles C. Warren was again elected State's Attorney and served until November, 1884, when he removed to Iowa to engage in the practice of his profession.

The first attorney to locate in the county was Simon Kinney. In fact, he was living in Indiantown before the county was formed. A sketch of this remarkable family may be found in a preceding chapter.

J. V. Thompson .- The birth, marriage, date of his coming and death are mentioned in a preceding chapter. Since writing the foregoing we learn the following additional interesting facts. Col. Thompson was one of the most genial and jovial men that ever came to the county. He and his first wife were natives of London. When twelve years old he was left an orphan, and was appren- ticed to a shoemaker. He completed his trade, had owned his shop and had several journey- men working for him before he was twenty years of age. He came to this country, stopped in New York two years farming, and then came to Bureau County and became a

farmer here, and so continued until elected Sheriff, as above mentioned. He was a Di- rector in the old Grand Trunk Railway (now the Clinton Branch of the Chicago, Burling- ton & Quincy Railroad), and held that posi- tion until the road was completed and be- came the property it is now. Col. Thomp- son was also Clerk, as before mentioned. He was very popular, not having a serious enemy in the world. He was au enthusiastic party man, but his enthusiasm greatly abated after Douglas' defeat-his political idol. Col. Thompson's death was startling and sudden. He was feeling unusually well and had driven to Tiskilwa, and there meeting some friends and when in the very act of telling some very amusing story he was stricken dead instantly of paralysis. By his first marriage he left two surviving children- Louis K. and George P. Lewis is the Super- visor of Walnut Township, and George P. is an eminent railroad man of Denver. By his last marriage there are three children: Mary S., of New York City, teacher of elocution, and Lucy, wife of Owen G. Lovejoy, of Princeton, and Joseph A., an attorney of New York City.

Cyrus Bryant, the first Circuit Clerk of the county, was one of the early settlers, and like all the Bryants, possessed a strong and original individuality. He was another of the brothers of our country's poet, William Cullen Bryant, and so far as we can learn, every one of the brothers and sisters of this family possessed a vein of genuine poetry, and were equally marked by a strong and vigorous common sense. Cyrus was noted for his sturdy independence, and in all the affairs of life he had the courage of his con- victions. He had not the geniality of his younger brother, John H., and therefore it was only by the few who knew him best that he was fully credited with all the good that

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HISTORY OF BUREAU COUNTY.

there was in his nature. He was quiet, mod- est and retiring in his nature, and to those who knew little of the sweet sunshine there was in bis nature he probably would appear austere in his manners. He loved the cus- toms of his native Massachusetts with an un- flagging devotion, and every year he would gather about him at his house a few conge- nial friends and talk and joke, eat apples, and drink cider and sing the old "'fuge songs," and spend the day in jolly merriment --- as hilarious as a swarm of schoolboys when just out of the school-room. And every year he kept up this old home custom till his death. None would be invited guests to these merry-makings except those who could sing, and from the quaint old song books of New England, of which Cyrus Bryant kept a goodly supply. These jolly old fellows would literally realize the aspirations of the poet on these occasions when he so sweetly sang:

" Backward, turn backward, oh time in thy flight! And make me a child again just for to-night."

The genealogy of the Bryant family will be found in another part of this work.

The second lawyer to locate in Bureau County was Judge Martin Ballou, who is still among his old and many friends, hale and vigorous for one of his age; a man of quiet habits, retiring manners, and gentle in his movements; characteristics that have marked the whole course of his long life here. He has held office nearly continuously since his settlement in the county, and yet so modestly has he worn his official honors, including the judicial ermine of the Circuit Court, that but few, except those who had direct business with him in his official capac- ity, even knew that he was anght else than a sound lawyer and a modest citizen of the county.

Judge Ballou studied law in his native State with C. K. Field of Fayetteville.

Here he was admitted to practice. He stud. ied in Mr. Field's office three years and then attended Cambridge Law School one term, and then came West. He was elected for this then new circuit of Bureau, Putnam and Marshall, 1857. His term expired June, 1861.

A lawyer named Sloan and H. O. Mer- riman (afterward of Peoria) had each been temporarily in the county. Merriman was from the State of New York, and he went from here to Peru and then to Peoria. Sloan went to Golconda, in southern Illinois, and was for some time Circuit Judge there. A brother of H. O. Merriman, Walter, came about this time, and after remaining a short time went to Galena.

A man named Alexander, from probably near Wheeling, came about this time. His father owned a great deal of land in Virginia and some in Illinois. He was very noisy, erratic, and somewhat reckless, and only remained a short time and left.

A lawyer named Hanchett came in 1840, and was here only a short time and died.

Among the early lawyers was a Judge W. A. Fraser. He had been a Judge of some of the United States Courts, probably in Wisconsin, in its Territorial days. A key to his whole character is the story of how he lost his Judgeship. In the town where he was located as Judge there were other at- torneys ambitious for his seat, and taking advantage of circumstances, one day, they notified the President that Fraser was dead (drunk), but they omitted to fill in the parenthesis, and the result was the President appointed another man to the supposed vacancy. It was a serious practical joke on Judge Fraser, and one, when in his cups, he would tell over and over, from morn till night. He died in Princeton in 1858.

William Cole came in 1844, from Ken-

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tucky. He practiced with fair success until he died, in 1850. His family left the county after his death.

As stated above in this chapter, Gov. Thomas Ford held the courts here in 1839. The circuit was pretty much all northern Illinois, from Quincy to Chicago; and as late as 1849 this circuit was composed of the counties Peoria, Putnam, Bureau, LaSalle, Lee, Ogle, Kane, DeKalb and Marshall.

James Fancher came in 1846. He was an excellent young man. He died in 1848, aged twenty-eight years. Those who re- member young Fancher speak of him in terms of warmest feeling. He was buried in the old Presbyterian grave-yard two miles south of Princeton on the old Moseley road. This old burying-ground has been neglected for years and the tombstone of Fancher's grave lies prone upon the ground. Near Fancher's grave is the headstone of Eramus Phelps, who was a bachelor who snicided by drowning in 1840. A large portion of those interred in this old ground were re- moved some years ago to Oakland Cemetery. The grounds are on the corner of the Ar- thur Bryant farm, and the people or the county authorities or some one interested in the dead should see that these few remaining ashes should be also transferred.

Charles L. Kelsey came to Princeton in 1844. He was born April 2, 1818, in Hartford, Conn., and died in Chicago, April 10, 1867. His father was William Kelsey, of England, and his mother was Elizabeth (Fowler) Kelsey, of Hartford. The Kelseys came to America over 200 years ago. Charles L. was noted for his warm and devoted attachment to Hon. Owen Lovejoy, and the circumstance that deter- mined him to come to Princeton was hearing Mr. Lovejoy make a speech, and at once he made up his mind to come. During the

lives of these two men this friendship was never dulled. Mr. Kelsey was admitted to the bar one year after coming to Princeton. He was noted for strength of mind and dry wit, the latter often serving him to unhorse an adversary or disarm such violent oppo- nents as the early Abolitionists here en- countered. As a presiding officer over a deliberative body or a meeting of the people he is yet frequently spoken of as a master. Mr. Kelsey married Elizabeth Benton, a daughter of Josiah Benton, noted as a very long-lived family, one of whom is now living and is over ninety years of age.

Mrs. Charles L. Kelsey is living in Prince- ton. She has two children; a son (Charles A.) is now in Texas; he studied law in the office of Milo Kendall; and a daughter with her.

Selby Doolittle came in 1845. He had studied law with Cooper & Glover in Otta- wa. He died here in 1848. A large num- ber of his relatives are in the county. Mr. Doolittle was gaining a fair practice.

There was a young man named Mckinney here in 1844. He stayed but a short time and went to St. Louis.

Milo Kendall came in 1845 from Vermont, and except Judge Ballou is the oldest prac- titioner in the county. He studied law with Bartlett & Fletcher in Linden, Caledo- nia Co., Vt. From his first entry into the county to the present time he has commanded a full and lucrative share of the practice. Mr. Kendall is not only a big lawyer but is large every way, that is, both mentally and physically; dignified in carriage, genial and social in his intercourse with the world, he has won his way worthily to eminence and fortune (see biography).

Milton T. Peters came, 1847, from Iowa to this place, originally from Ohio. He prac- ticed only one year in Iowa Territory. His

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HISTORY OF BUREAU COUNTY.

early education and training in the law books was not very thorough, yet as a case lawyer he was strong and a hard working student. Like nearly all lawyers of that time, he mixed law and politics together, and as a stump speaker was strong enough to be a Demo- cratic Elector for Buchanan in 1856. He resided in Princeton about twelve years and is now in Spirit Lake, Iowa. He went to California in 1849, and took his family with him, but returned and resumed his practice, and about the breaking out of the war lie went to southern Illinois and engaged in fruit-raising. From this place he went to Chicago, then again to Princeton, and was for a time in the firm of Eccles & Kyle, and was then in partnership with R. R. Gibons, and then with John Scott and then with Rich- ard Skinner.

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History of Bureau County, Illinois, Part 39

Author: Bradsby, Henry C., [from old catalog] ed Publication date: 1885 Publisher: Chicago, World publishing company Number of Pages: 776

Author: Bradsby, Henry C., [from old catalog] ed
Publication date: 1885
Publisher: Chicago, World publishing company
Number of Pages: 776