USA > Illinois > Christian County > History of Christian County, Illinois > Part 16
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The Second Petit Jurors were Josiah Langley, Levi W. Goodan, Abram Peters, Henry Blount, Daniel Miller, Job B. Davis, Joshua Brents, Louis II. Jernigan, James R. Lucas, Isaac Denton and Thomas Langley, for June terni, 1840.
FIRST NATURALIZATION.
At the October term of Court A. D. 1840, Joseph Bugg made his written application to be naturalized, filed his declaration and took the oath prescribed by law, in open Court, which was ordered to be filed. We append a copy of the original paper.
"Joseph Bugg, an alien born, presented to the Court his report and declaration of intention to become a naturalized citizen, which follows in these words and figures :
To the Honorable Samuel H. Treat, Presiding Judge of the Circuit Court, in and for the County of Christian and State of Illinois.
I, Joseph Bugg, an alien born, free white person, of the age of thirty years and upwards, do hereby in conformity with the first condition specified in the first seetion of the act of Congress en- titled "An act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed upon that subject "approved the 14th day of April, 1802. Declare and make known to the said Circuit Court, now sitting in and for the county and state aforesaid, that my true and proper name is Joseph Bugg ; that I was born in the town of Leven, in the county of Yorkshire, and in tlie kingdom of England, on the twelfth day of June, A. D. 1810; that I am about thirty years of age ; that I belonged to the English nation, and owed allegianee to the King of England; that I migrated
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HISTORY OF CHRISTIAN COUNTY, ILLINOIS.
from the port of Hull, iu the said kingdom of England, on the 12th day of June, A. D. 1834, and landed at the city of Buffalo, in the State of New York, in the United States of America, on the 4th day of May 1835; that I have, ever since my first arrival, remained within the limits and under the jurisdiction of the said United States, and that it is bona-fide my intention to renounce forever all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and more particularly such allegiance and fidelity as I may in any way owe to the said King of England, cither as a citizen or a subject, to become a citizen of the United States, and to locate myself for the present in the County of Chris- tian, and State of Illinois. Whereof, I am now an inhabitant ; that I do not now enjoy or possess, nor am I in any wise entitled to any order of distinction or title of nobility, by virtue of the laws, cus- toms or regulations of the said kingdom of England, or any other country, and that I am sincerely attached to the principles con- tained in the constitution of the United States, and well disposed to the good order, well being and happiness of the same, and desire that this, my declaration and report, may be accepted, filed and recorded. Preparatory to my intended application to be admitted a naturalized citizen of the United States, in conformity with the several aets of Congress heretofore passed on that subject.
JOSEPH BUGG.
Subscribed and sworn to in open Court this
26th day of October, A. D. 1840.
Attest, HI. M. VANDEVEER, Clerk.
Below are given, as of interest to all, some of the first papers on record pertaining to divorces, etc.
FIRST DIVORCE CASE.
November Term, 1841.
JAMES SHARROCK, 2's. Bill for Divorce.
MARY ANN SHARROCK. )
This day came the parties, and the defendant files her answer to the complainant's bill, denying the allegations thereof, and there- upon came a jury, to wit, Samuel Garvin, John P. Fletcher, James Porter, Horace Morgan, Elijah Furrows, James Baker, John George, Wiley Blount, James Hutchens, C. F. Leigh, Joshua Brents, James Richardson, who being sworn well and truly to try the issue joined herein, for verdict say : " We the jury find the defendant guilty of wilful desertion for more than two years without reasonable canse, and on motion of the defendant a new trial is granted and the cause is continued."
At the June Term, 1842.
MARY ANN SHARROCK,
JAMES SHARBOCK, Defendant.
This day came the complainant by Roundtree, her attorney, and the defendant being called came not but made default, and proof satisfactory to the Court being made of notice of the pendency of this snit, by publication thereof, in the Illinois State Register, as required by the Statute in such cases made, and the evidence on the part of the complainant being heard and considered by the Court, it is therefore ordered, adjudged and decreed by the Court that the marriage contract heretofore existing between the said Mary Ann Sharrock and James Sharrock be annulled, dissolved, and held for naught, and it is further adjudged, ordered and de- creed, that the care and custody of the child of the said Mary and James be committed to the said Mary.
CRIME.
We give below a brief account of one of the first murder cases which claimed the attention of the Court after the organization of the county. Though the crime was a heinous one and the culprit deserving of death, yet as is too frequently the case he escaped unpunished.
The most atrocious case of killing which ever occurred in this county, was perpetrated in the winter of 1854, and is known as the Westfall-IFinkle murder. The murderer and his victim were near neighbors, living in Johnson township, and about six miles south of Taylorville. Jesse Hinkle, the murdered man, was a brother of the mother of William Westfall, the man who slew him. Both were known as fearless, desperate men, and although relatives, there had long existed " bad blood " between them, which developed into an open quarrel and fight upon the public highway, in the autumn of 1853. Upon this occasion, Hinkle is said to have used a pole or club, and Westfall came out of the encounter badly beaten. In the following winter, and upon the morning of the murder, Westfall passed Hinkle's house; the snow lay thick upon the ground, and the latter was busily engaged making a sled. Westfall accused his uncle of killing his (Westfall's) dog, and wanted to know if he in- tended paying for it, adding "if not, he would have to take the fate of the dog." Hinkle with strong language told him if he " ever paid for the dog it would be when the law compelled him to." At this Westfall went home, and in the presence of his wife and two sisters, took down his rifle, loaded it with powder and ball, remark- ing in their hearing that "it should suck the blood of a scoundrel before noon ; " he then leisurely went out, and walking cautiously through the brush, without, however, making any attempt to conceal his tracks in the snow, arrived within a short distance, less than a hundred yards, of where Hinkle was still working upon his sled, placed one knee upon the ground, rested his rifle upon a convenient bush, and taking deliberate aim, fired; his vietim fell, mortally wounded, his intestines pierced with a ball, and died in great agony after lingering about thirty hours. Instead of attempting to escape as soon as he discovered the full extent of his deed, Westfall im- mediately proceeded to Taylorville to consult with Judge H. M. Vandeveer, who had upon former occasions professionally helped him out of his squabbles, without however fully stating the nature of his erime to his lawyer; he was advised by him to absent himself for a time until the first excitement had subsided, but it was characteristic of the man not to be intimidated. He refused to leave, and was arrested. He had an examination before a JJustice of the I'eace who fully committed him for trial, the principal witnesses against him being his own near relations-who testified to the above facts; there were also proofs of the prints in the snow. Ilis lawyer succeeded in continuing his case one or two terms, and finally ob- tained a change of venue to the adjoining county of Shelby.
The order of the Court reads as follows :-
May Term of Court, 1854.
" THE PEOPLE I'8. Indictment for murder.
WILLIAM WESTFALL.
And now at this day came the people by the States Attorney, and the prisoner having been furnished with a copy of the Indictment, a list of the Jurors and witnesses, and the prisoner being arraigned at the bar, and for plea saith he is ' not guilty' and thereupon the prisoner files his petition and affidavit for a change of venue. It is therefore considered and adjudged by the Court, that a change of venne be granted in this cause to the county of Shelby, and that the (Herk of this Court make a complete transcript of the proceedings had, make known, and transmit the same to the Clerk of the Circuit Court
1 hees Library of the University of Illinois.
JAIL.
POOR
FARN
COURT HOUSE, TAYLORVILLE.
THE PUBLIC BUILDINGS, CHRISTIAN Co., ILL.
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HISTORY OF CHRISTIAN COUNTY, ILLINOIS.
of Shelby county, together with all the papers appertaining to said cause. Certified under his hand and the scal of this court, and, it is further ordered and adjudged by the Court, that the recognizance of the witnesses to wit, Daniel Missenhammer, Nancy Missenhammer and Elizabeth Brannon be forfeited, and that a Scire Facias issue thereon returnable to the next term of this Court. And thereupon came Job B. Davis, Joseph Painter, John D. A. Bond, William A. Goodrich, Dr. E. T. Chapman, John Bowman, Milton Pike, John Hinton, John Durbin, W. B. Keller, John Goodc, Matthew Durbin and Joshua Bowman, witnesses on behalf of the people, and acknowledged themselves to owe and be indebted to the people of the State of Illinois, in the sum of One Hundred dollars cach, to be levicd of their goods and chattels, lands and tenements respectively, void however on this condition, that they shall severally be and appear before the Circuit Court of Shelby County, on the first day of the next term thereof, to be holden at the Court-house, in Shelby- ville, on the first Monday in the month of October next, to testify and the truth to say in a matter of an indictment for murder, pend- ing in said Court against William Westfall, and abide the order of the Court and not depart without leavc."
The evidence was so conclusive in this case that it is presumable he would have received there the just punishment of his erime, but in the meantime, with the aid of a case knifc, he succeeded in cut- ting his way out of the Taylorville Jail, wherein he was confined, and escaping to the brush, search was made for him in vain ; but it has since become known that he was secreted not far from the county scat for a week or two afterwards, his wife stealthily convey- ing to him the means of existence; he ultimately succeeded in escaping altogether from the county, since which time he has never been seen or heard of by any onc.
PROBATE COURT.
The first term of the Probate Court was held in Taylorville, December 2d, 1839; Thomas W. Davis, clected at the first clcetion in April, 1839, presided as judge. His court was held in the days when simplicity and economy prevailed. No sheriff was in attend- ance to answer his commands ; no clerk to note his mandates ; and even his fire, if it needed attention, he had only to descend from the judicial tribunal and replenish it with wood.
The first business presented for the court's consideration was the estate of Aaron MeKenzie, deceased, late of township 13-1 cast .* He died November 3d, 1839. Samuel McKenzic, his brother, was appointed administrator. The deceased, it will be remembered, was one of the active participants in the formation of the county, but did not live long to enjoy his new civil relation. Judge Davis' term of office extended over a period of four years, during which time twelve cases came before him for probate adjustment. This does not exhibit a very great degree of mortality for the new coun- ty. Judge Davis' residence was in the northern part of the county. William S. Frink was elected as his successor in August, 1843, and held the office for a term of four years. The terms of his court were held on the first Monday of each month, at which time the " Sage of Allenton " could be seen entering the town with a basket on his arm containing the archives of the Probate office. The judge received no per diem allowance for his time while on the bench. The small salary received was from fees for recording and filing papers, amounting to about $250 per annum, -- and this mostly chargeable to the estates. The avenues to the county treasury were closed to the recipients of this office, and remained so until after the adoption of the state constitution of 1848; then a more expen- sive system was cutered upon, and the tax-payers were called upon
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to support it from the county treasury, the fecs of the former sys- tem being diverted from the pocket of the judge to that of the county clerk. There was a per diem allowed to the judge, clerk, and sheriff. As a further evidence of the parsimonious spirit prac- ticed in those early days, Calvin Goudy, who was elected probate justice in 1847, not liking the " basket arrangement" for keeping the papers of the office, procured a pine box and had it con- verted into a desk, with pigeon holes and shutters, costing some six dollars. It was with extreme difficulty that the county court were induced to grant an order to pay for the same. It is still in the court-house, and serves as a souvenir of the economy practiced at that day. (The succeeding judges are given in the list of county officers on another page.)
COUNTY BUILDINGS. THE FIRST COURT HOUSE.
At the June term of the Commissioners' Court, in 1839, it was already found necessary for the proper transaction of official busi- ness, that some suitable building be erected, as the rooms then rented for the purpose were very inconvenient. The court, therefore, ordered a court-house to be erected. The contract to be made with the lowcst bidder. The contractor being required to give bonds, with satisfactory security that the structure and workmanship should be faithfully executed. The only apparent stipulation made at this time, with regard to details, was that the building should be thirty- six fect long by thirty-two fect wide, and twenty-one feet high ; subsequently a contract was made with Messrs. Elgan and East- ham, which rcad as follows:
" We, the undersigned, Jesse Elgan, of Dane county, and Mar- velous Eastham of Sangamon county, both of the State of Illinois, doth agree with the county court of Dane county, and the succes- sors in office of said county, to build a court-house of such materials according to draft laid in, and in a workmanlike manner herein described."
" The sills to be eight by ten inches square, the posts to be ten inches square; all the frame to be of good sound white oak lum- ber, the weather-boarding to be of walnut timber, and dressed with solid cornice or eave trough, according to draft laid in, with a shingle roof, with windows and doors according to draft; with Venetian blinds, also doors according to draft, with panel shutters. With plank partition running through said house, according to draft laid in. The body of the house to have two coats of white paint ; the doors and windows to be painted green. The doors and windows to be hung in good workmanlike manner, with locks for the doors, and bolts for the windows, to be moulded on the inside. The lower floor to be laid rough, with a square joint. The upper floor to be tongued and grooved. The house to be ceiled inside throughout, of good material. House to sit on twelve pillars of stone, to be let in the ground eighteen inches, and raised above the ground 18 inches. The second floor to be supported from the lower floor by turned columns, according to draft. We bind our- selves to build said house for twenty-three hundred and fifty dol- lars, by the said commissioners paying said undertakers one thou- sand dollars by the 10th day of September next, and one-half of the rest when the house is half finished, and the balance when the house is completed. We jointly undertake this house and agree to complete the building in sixteen months ; as there is a great deal of thick lumber to be seasoned, we think it can't be done in a shorter time. Given under our hands and scals August 12th, 1839."
JESSE ELGAN. MARVELOUS EASTHAM
SEAL
*Now a part of Prairieton township.
62
HISTORY OF CHRISTIAN COUNTY, ILLINOIS.
In September of the same year the contractors gave bond for three thousand dollars to build and ereet a court-house on the publie square, at Taylorville, according to the foregoing plans and specifications.
The first installment due the contractors was paid in promissory notes, collected at the order of court, by the treasurer, from the proprietors of the town of Taylorville. In September of the following year (1840) the court-house building was completed and received by the County Commissioners, and certified to be in accord- ance with the wording of the contract; the funds in the treasury, however, would not permit of a full settlement with the contractors ; the court therefore ordered that Jesse Elgan be allowed twelve per cent. interest upon thirteen hundred and twenty dollars from date until paid.
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At the March term of court, 1841, " It was this day ordered by the court that Wm. S. Ricks and Jesse Elgan be and they are here- by appointed commissioners or agents, on behalf of Christian coun- ty, to inquire and ascertain on what terms a loan of a sum of money can be negotiated sufficient to liquidate the debt of this county, in- curred for the building of a new court-house in said county, and report the result of their inquiries in the premises to this court on the first Monday in April." Upon the first Monday in April the two commissioners so appointed appeared before the commissioners' court and stated, in answer to the question, " that they had not yet ascertained that a loan of money, in favor of the county, could be negotiated upon any terms, whereupon they were dismissed from further inquiries upon the subject."
THIE PRESENT COURT.
At the January term of court, 1854, the letting of a contract for the creetion of a new court-house building was taken into considera- tion, and on the 3d of February of the same year the county made an agreement with James Overholt and David F. Squier to build upon the site of the old building in the centre of the public square, at Taylorville. The new structure was to be built of briek, and cost fifteen thousand dollars, and to be completed and delivered to the county by the 1st day of December, 1855. Specifications werc drawn, duly signed and bonds given by the contractors for car- rying out the work in a proper manner.
In the meantime the old building was advertised for sale by no- tices placed in four of the most public places in the county, and was sold by public auction upon the 24th of June, 1854, H. M. Vandeveer becoming the purchaser for the sum of $276, the said sale being approved by the court.
The original agreement for the new building, however, fell through; it was found that the contractors were not carry- ing out the work in accordance with the specifications; they were prevented from proceeding with it, and brought action against the county for amount expended and damages. The case was tried at Decatur, Macon County, and decided in favor of the contractors. It was at once appealed to the Supreme Court of the state, who sustained the verdict of the lower court.
On the 18th January, 1856, the County entered into a second contract for the completion of the building, this time with JJ. Den- nis and John C. Beam, of Springfield, Illinois, who undertook to complete the work by the 1st of December, 1856, for the sum of thirteen thousand, five hundred and twenty-six dollars. The pre- sent substantial edifice is the result.
THE FIRST JAIL.
The first jail erected in Taylorville was a log building, con- structed by James C. Morrison, and located about one block south- east of the Public Square ; it took a little over four months in its
construction. The following is a description of the building, taken from a record of the proceedings of the Commissioners' Court at that time :
April 4th, 1846. " Ordered that a contract be made on Monday the first day of June next, to creet a jail in this County, and the Clerk of the Court is hereby required to advertise in the State Register on the following plans, to wit :
Sealed proposals will be received addressed to the Clerk of the County Commissioners' Court, of Christian County (postage paid), until 12 o'clock noon, on Monday, the first day of June next, to ereet a Jail on the following plan, to wit :
The house to be twenty feet long and sixteen feet wide, two stories high, with two rooms on the first floor and one on the second, to be seven fect high each ; the lower wall to be made of hewn timbers ten inches thick, and the walls to be built eight inches apart, and the spaces between the walls to be filled with timber eight inches thick, set on end loosely, to be placed on a wall of stone eighteen inches high and thirty inches wide, the wall to be let in the ground one foot; the second story to be two walls of hewn timber, cach ten inches thiek and closely laid; the floors on the first story to be laid with timbers ten inches thick, and on the second story with timbers eight inches thick, and on the timbers, plank one inch thick, jointed and well laid down, and over the, second story timbers eight inches thick, closely placed together, with a substantial roof, the timbers to be firm, white or burr-cak. There shall be two doors to the lower story and one to the sceond. The shutters will be made of inch plank, three double, and lined with sheet iron, strongly riveted on the inside, and filled with nails half an inch apart on the outside, to be hung on strong iron hinges, one window in each room on the first floor, twelve by eighteen inches in size, with grates made of iron bars one inch square, and placed one inch apart in a strong frame, strongly confined to the timbers, with iron bolts. There will be two windows in the second story twenty-four by thirty-six inches in size, with grates made of iron bars, one inch square, placed four inches apart in a strong iron frame, and strongly confined to the timbers with iron bolts. The partition walls will be hewn tinibers ten inches thick, and extend through the middle wall."
Subsequently Daniel Miller was instructed to ascertain what kind of locks were used in the jails of the adjoining counties, and authorized to contract for the same, and properly affix them to the jail building. A platform was afterwards added to the door in the upper story, with steps leading to it.
JAIL NO. 2.
The present County Jail is a substantial two-story brick building, and situated a short distance west of the public square, Taylorville. In June, 1870, the County, through its officers, made a contract with Messrs. Dennis & Beam, the builders of the present Court- house, for a sum of five thousand three hundred and sixty dollars, to erect the building, specifications for the same being duly drawn and approved. The jail contains ten cells, each of which will comfortably hold two prisoners, and the hallway, which is seven feet wide, could be made to accommodate as many more in a case of necessity. There is altogether ample room for forty or fifty pris- oners.
POOR FARM.
Until the year 1870 the poor of the County were honsed and fed by unofficial authorities, who were reimbursed by order of the County Court or Board of Supervisors, from the public treasury. At a meeting of the Board of Supervisors held at the Court house in December, 1869, they appointed a committee consisting of James
HISTORY OF CHRISTIAN COUNTY, ILLINOIS.
II. Hill, John W. Hunter and M. P. Simpson, for the purpose of having a draft drawn for the poor house, to be submitted to the Board at their next meeting. In the meantime they were instructed to rent a house if practicable, and hire a man to take charge of the same, for the relief of paupers.
At a special session of the Board held in June, 1870, the com- mittee appointed reported that "in February last and on the day appointed received and opened 8 bids, the highest bid $4,545, the lowest $3,534, which was awarded to one Levi Hall, on his giving bond and security to complete said building by the 15th June, 1870, which he has failed to do."
In the meantime, January 1st, 1870, the County had purchased 160 acres of land for a poor farm at a cost of $6400, situated in the north-west quarter of section 3, township 11, range 1, west, (Rosemond township), and at the above special term, June, 1879, "On motion the Chair appointed Messrs. Birce, Porter and Morri- son a committee to confer with Levi Hall in regard to building poor-house, who reported as follows :
" We, your special Committee, to whom was referred the matter in relation to the contract with Levi Hall for the building of a farm- house on the Poor Farm, would respectfully report that the con- tractor through wilful neglect or by an inaccurate ignorance of the condition of his undertaking, and an unwarranted expectation of a pre-issue of bonds to enable him to perform the same, has failed to comply with the conditions of his bond, and has thercby forfeited the same." The committee however recommended the Board to permit Levi Hall to finish the building upon his entering into a bond to do so within sixty days, with the former sureties.
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