USA > Illinois > Clark County > History of Crawford and Clark counties, Illinois > Part 6
USA > Illinois > Crawford County > History of Crawford and Clark counties, Illinois > Part 6
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but unfortunately for all parties concerned, the night before it was to have been received by the court "some malicious person or per- sons " set fire to it, and it was entirely con- sumed. The loss to the county was as great as to the contractors, either party being illy able to sustain it, but the county bore the greater part of it, as on the 7th of March, 1833, we find from the records that the court allowed Myers $460.50 for work done on the house and material furnished, which was burned.
Thus the county was again without a court house, but at the December term of the court in the year 1832, John Boyd, James II. Wil- son and Asa Norton, the then county commis- sioners, ordered, " that another court house be built on the same ground, and of the same kind and size of the one burnt." It was built by Presley O. Wilson and Sewell Goodridge, and is still standing. It was used for a court house until the county seat was removed to Robinson, since which time it has been used for various purposes; lately by the Christian Church as a house of worship.
When the county seat was moved to Rob- inson in 1843, the first term of court was held in a frame house that stood on the corner where the Robinson Clothing Store now is, and the next in a frame house at the south- west corner of the square belonging to Mr. Wilson. The present court house was built in 1844, at a cost of about $4,200. It has several times been remodeled and improved, and at the present time sadly needs improving with a new one.
The court house was built and paid for out of what was known as the " bonus fund." This was a fund received partly from the sale of the saline and mineral lands, and partly from the State, under an act of the Legislature, donating to each county that was without railroads or canals, a certain sum of money, for the purpose of building bridges and im-
-
Ezekiel Bishop
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HISTORY OF CRAWFORD COUNTY.
proving their roads. It was sometimes called " hush money," as it was intended to hush any grumbling on the part of the county receiving it at not getting its share of internal improve- inent. The county received as her bonus several thousand dollars, which was placed at interest, and used as occasion required.
The old log jail was moved from Palestine with the county seat, but in 1845, a brick jail was built. It was a poor affair, and about 1855-6, another was built with iron cells. This, however, was deemed unhealthy, and in 1877, the present stone jail was built, south- east of the court house, and in connection with the sheriff's residence.
Circuit Court .- The first Circuit Court, he'd for Crawford County, convened on Mon- day the 15th day of September, 1817, at the house of Edward N. Cullom, agreeably to an act of the General Assembly, passed at its last session, and was presided over by the " Honorable Thomas Towles, Judge." The following are the names of the first grand jury: William Howard, foreman; Daniel Travis, William Travis, Thomas Mills, Ira Allison, Samuel Allison, Asahel Haskins, John Waldrop, Sen., Richard Eaton, Thomas Jones, Daniel Martin, William Garrard, Benj. Parker, Jonas Painter, Samuel Brimberry, Peter Price, John Lamb, William Everman, William Hicks, George Smith and Newberry York, who were "sworn to inquire for the County of Crawford," and who "received their charge and retired out of court to con- sider of their presentment." The first case was as follows:
STEPHEN BECK, Plaintiff, against In Debt. JOSEPHI BOGART, Defendant.
It was a plain suit for debt, and the de- fendant, Bogart, confessed the same and judg- ment was rendered accordingly. The next caso
ELISHA BRADBERRY, Plaintiff, -
against Assault and Battery.
ROBERT GILL, Defendant.
was a jury ease, and it was tried before the following jury: Thomas Wilson, Ithra By- shears, Joseph Shaw, John Funk, Andrew Montgomery, John R. Aclams, James Moore, Joseph Eaton, Joseph Wood, Isaac Parker, George Bogher and James Gibson. The jury found a verdict for the plaintiff of $37.02, which was approved by the court. There were a few other trifling cases, and among the proceedings the following order was entered upon the record: "Ordered that Thomas Handy, Charles Neeley and John Funk, Jr., be summoned here at the next term of this court to show cause why they shall not be fined for failing to attend as grand jurors agreeably to the summons of the sheriff." Then the grand jury reported their indiet- ments, among which we note the following one:
UNITED STATES Indictment for bring- against ing home a hog with- out the cars.
CORNELIUS TAYLOR.
Court then adjourned until eight o'clock the next morning, and, when it met, it adjourned "until court in course." We find no record of another term of the Circuit Court being held, until on Wednesday, July 7, 1819, in Pal- estine, with Honorable Thomas C. Brown as presiding judge, and William Wilson, circuit attorney.
Among the indictments made by the grand jury at this term was the following:
THE STATE OF ILLINOIS U.S. -
WILLIAM KILBUCK, CAPTAIN THOMAS, BIG PANTHER.
Indictment for Murder. A true bill.
The parties named were three Delaware Indians, who were charged with the murder of Thomas MeCall, under the following cir-
48
HISTORY OF CRAWFORD COUNTY.
cumstances: Cornelius Taylor kept a still house, and had been forbidden to let the In- dians have whisky without a written order from proper authority. McCall was a sur- veyor, and had been in the habit of some- times trading with the Indians, and it is said, used to occasionally give them an order to Taylor for whisky. The Indians named in the indictment went to McCall and begged him for "fire-water," and finally to rid himself of their importunities wrote something on a piece of paper which he handed them, and which they supposed was the necessary order. They went to Taylor with it, who read it aloud to them. It was an order-but an order not to let them have the whisky. The Ind'ans were so incensed that, to gratify their revenge, they murdered McCall.
They were indicted and tried at the term of the court convened, asalready stated, July 2, 1819. The trial of the Indians was set for the 9th, the third day of the term. The following are the jury: Jas. Shaw, Smith Shaw, John Barlow, Jas. Watts, Wm. Barbee, Wm. Wilson, David Van Winkle, John Wal- drop, James Kennedy, Isaac Lewis, Joseph Shaw and Gabriel Funk. The jury, upon hearing the evidence, returned a verdict of "guilty." A motion was then made to arrest judgment, which motion was sustained by the court, and a new trial ordered. This time Kilbuck was tried separately, found guilty by the jury, and sentenced by the court to be hanged on the 14th of July, 1819, but made his escape before the appointed day. Captain Thomas and Big Panther asked for a con- tinuance, which was granted, and afterward a nolle prosequi was entered by the prosecuting attorney. So ended the Indian trial.
For some ten years after the organization of the county most of the cases tried in the Circuit Court were for assault and battery; a few being for debt, and an occasional one for larceny. From the great number of assault
and battery cases, it may be inferred that fighting was the popular amusement of the · day. Toget drunk and fight was so common that a man who did not indulge in these pas- times was considered effeminate and coward- ly. To be considered the " best man," that is, the best fighter, or as we would say to-day, the greatest bully, and rough, was an honor as much coveted and sought after by a certain class, as in this enlightened age, is honor and greatness. This rude state of society brought to the surface some of the roughest characters of the frontier. For instance, at a single term of the Circuit Court, we find that one Cornelius Taylor was indicted for larceny, for assault and battery, for rape, etc., etc. He was a bad man and a detriment to the pros- perity and welfare of the community. With an utter disregard for law and order, he preyed upon others, and there are those who knew him still living to bear witness to his numerous shortcomings. There were many charges against him, which were doubtless true, among which were horse-stealing, hog- stealing, and even darker crimes were hinted at in connection with him. In proof of the rough state of society, the following speaks for itself and is but one of many:
THE PEOPLE OF THE STATE ? OF ILLINOIS, PIf., vs. HUGH DAIL, Defendant.
Indietment for Assault and Battery.
" Be it remembered that heretofore to wit, on the 12th day of May, 1824, it being the third day of the May term of the said court, the grand jury, by John M. Robinson, eircuit attorney, filed in the clerk's office of said Cir- cuit Court, a certain bill of indictment against said defendant, which indictment is in the words and figures following, to wit:
STATE OF ILLINOIS, Crawford County. At the Circuit Court of the May term, in the year of our Lord 1824. The grand jury of the people of the
49
HISTORY OF CRAWFORD COUNTY.
State of Illinois, empanneled, charged and sworn to inquire for the body of the said County of Crawford in the name and by the authority of the people of the State of Illi- nois, npon their oath present that Hugh Dail, late of the township of Palestine, in the said County of Crawford, laborer, on the first day of May, in the year of our Lord 1824, with force and arms, in the township aforesaid, and county aforesaid, in and upon Isaac Meek did make an assault, and him, the said Isaac, then and there did beat, bruise, wound and threat and other wrongs to the said Isaac then and there did, to the great damage of the said Isaac, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Illinois." (Signed,)
JOHN M. ROBINSON, Co. Att'y.
Upon this voluminous and very lucid docu- ment, was issued the following iron-clad writ, "in the words and figures following to wit :"
" The people of the State of Illinois to the Sheriff of Crawford County, greeting: We command you to take llugh Dail, if he be found in your bailmick, and him safely keep, so that you have his body before the judge of our Crawford Circuit Court at the court house in Palestine, on the first day of our next October term, to answer the people of the State of Illinois in an indictment pre- fered against him by the grand jury at the last May term, for assault and battery, and have then there this writ."
WITNESS.
[SEAL.]
"EDWARD H. PIPER, Clerk &c., of said Court this 23d day of - - 1824, and the 48th year of the Independ- ence of the United States.
EDWARD II. PIPER, Clerk."
A return made upon the back of the writ by the sheriff showed that Dail was not in his " bailmick," whereupon a writ was issued to the sheriff of Edgar County for him, and in due time he was produced, acknowledged his offense in court, and was fined the enormous sum of 50 cents and "costs."
The courts moved on in the usual manner of all backwoods counties, having plenty of business, such as it was, upon the dockets at the different tribunals, and which was gener- ally dispatched in a summary, backwoods style, distinguished quite as much for equity and fairness between man and man, as in ac- cordance with the wisdom of Blackstone.
County Officers .- The first county com- missioners, or as they were then called, county justices of the peace, were elected or appointed February 26, 1817, and were E. N. Cullom, John Dunlap and Isaac Moore. The next year, 1818, this board was increased to twelve, as follows: E. N. Cullom, Samuel Harris, Geo. W. Kincaid, James Shaw, Smith Shaw, Joseph Kitchell, S. B. A. Carter, Chester Fitch, Win. Lockard, David Porter, David MeGahey and Thomas Anderson. In 1819, it dropped back to three commissioners-E. N. Cullom, Wickliffe Kitchell and William Barbee; in 1820, David Stewart, Aaron Ball and Henry M. Gilham; in 1821, Aaron Ball, David Stewart and E. N. Cullom; in 1822, Daniel Funk, Enoch Wilhite and Zephaniah Lewis; in 1823, Daniel Funk, John Sackrider and Enoch Wilhite; in 1824, Daniel Funk, John Sackrider and William Highsmith; in 1826, Daniel Funk, Daniel Boatright and Bottsford Comstock; in 1828, Wm. High- smith, Wm. Magill and Doctor Hill; in 1832, Asa Norton, Jas. H. Wilson and John Boyd; in 1834, Asa Norton, Gabriel Funk and Jolın Boyd; In 1836, Jolın Boyd, Eli Adams and Wm. Cox; in 1838, L. D. Cullom, Daniel Boatright and Jolin Boyd; in 1839, Wm. Highsmith, Daniel Boatright and Wm. Gill;
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IHISTORY OF CRAWFORD COUNTY.
in 1840, Wm. Gill, Wm. Highsmith and Wm. Mitchell; in 1841, Wm. Ilighsmith, Wm. Mitchell and John Musgrave; in 1843, Wm. Highsmith, John Musgrave and Lott Watts; in 1844, Wm. Highsmith, Lott Watts and John Boyd; in 1845, John Boyd, Lott Watts and Benj. Beckwith; in 1846 a probate judge was added, and Presley O. Wilson was elected to the office, which he filled until 1849, with the following commissioners: 1846, Boyd, Watts and Beckwith; 1847, Beckwith, F. M. Brown and John Newlin; 1848, Brown, Newlin and Wm. Reavill. In 1849 another change was made. A county judge, with Associate Justices, composed the board, as follows: J. B. Trimble, county judge, and Isaac Wilkin and John B. Harper, associates; in 1833, Richard G. Morris, county judge, and Jas. F. Hand and Wm. Reavill, associ- ates; in 1855, John W. Steers, connty judge, and Wm. Reavill and James F. Hand, associ- ates; in 1857, W. H. Sterrett, county judge, and Hand and John Shaw, associates; in 1861, Win. C. Dickson, county judge, and D. W. Odell and J. J. Petri, associates; in 1865, Dickson, county judge, and Benj. Price and I. D. Mail, associates; in 1867-8 still an- other change was made in the management of county business. The county adopted township organization, and II. Alexander was county judge; in 1869, John B. Ilarper, county judge; in 1822, Wm. C. Jones; in 1879, Franklin Robb, and in 1882, J. C. Olwin, who is the present county judge.
Circuit and County Clerks .- Edward H. Piper was both circuit and county clerk from the organization of the county to 1835. The offices were then separated, and A. G. Lagow was made county clerk, and D. W. Stark, circuit clerk; in 1837, E. L. Patton be- came county clerk, and in 1838, W. B. Baker became both county and circuit clerk, which positions he held until 1848, when they were again separated, and James H. Steel became
county clerk, and C. M. Hamilton, circuit clerk; in 1849, Wm. Cox was elected circuit clerk, but died, and Wm. Barbee became clerk; in 1854, he was succeeded by John T. Cox, who in 1856 was succeeded by Hiram Johnson, and he by Wm. Johnson, in 1865; in 1866, Sing B. Allen was elected to the office, and in 1876 he was succeeded by our Fat Contributor, the only, the funny and good- natured John Thomas Cox, the present courteous and accommodating incumbent. Mr. Steel remained county clerk until 1852, when the elder John T. Cox was elected. Ile was succeeded by Wm. C. Wilson, familiarly known as " Carl " Wilson, who held the office until 1877, when he surrendered it to David Reavill. The latter died before his term ex- pired, and T. S. Price was appointed to hill out the term, when he was re-elected, and is at present the county clerk.
Sheriff's .-- Francis Cullom was the first sheriff of the county; in 1818, John S. Woodworth was sheriff; in 1823, John Hous- ton; in 1826, Joel Phelps; in 1822, A. M. Houston; in 1829, E. W. Kellogg; in 1835, John Eastburn; in 1838, Presley O. Wilson; in 1840, R. Arnold; in 1844, L. D. Cullom; in 1850, J. M. Grimes; in 1852, HI. Johnson; in 1854, D. D. Fowler; in 1856, John D. New- lin; in 1858, David Little; in 1860, Wm. Reavill; in 1862, Wm. Johnson; in 1864, H. Henderson; in 1866, Wm. Reavill; in 1868, Davil Reavill; in 1870, R. Leach; in 1812, A. B. Ilouston; in 1824, H. Henderson; in 1876, Win. Johnson; in 18:8, S. T. Lind- sey; in 1880, John M. Highsmith, and in 1882, D. M. Bales.
Treasurers .- The first treasurer of the county was Thomas Kennedy; in 1824, John Houston was elected treasurer; in 1826, John Malcom; in 1833, Charles Kitchell; in 1835, Daniel Hubble; in 1836, John L. Buskirk; in 1837, John A. Williams; in 1839, Finley Paull; in 1844, James Weaver; in 1845, Jas.
51
HISTORY OF CRAWFORD COUNTY.
S. Otey; in 1846, C. H. Fitch; in 1853, W. C. Wilson; in 1855, James Mitchell; in 1861, Samson Taylor; in 1867, John C. Page; in 1821, Win. Reavill; in 1823, Wm. Updyke; in 1829, 1. D. Mail, and in 1882, Samson Taylor.
Surveyors and Coroners .- John Dunlap was the first surveyor, and Allen McGahey the first coroner, who was succeeded by Jon- athan Wood in 1820. In 1822 George Cal- houn was appointed county surveyor, but shortly after was succeeded by Jacob Help- ingstiene; in 1823 George Calhoun was again appointed; in 1838 W. B. Baker was appointed; in 1846, C. H. Fitch; in 1847, Jas. H. Steel; in 1850, H. B. Jolly; after which we lose trace of the office.
Selv ol Commissioners .- As carly as 1819, R. C. Ford was appointed school commis- sioner by act of the Legislature, and in 1832 Thos. Kennedy was appointed; in 1836 he was succeeded by Wm. Barbee; in 1841 Fin- ley Paull was appointed; in 1842, Jas. S. Otey; in 1845, Nelson Hawley; in 1853, F. Robb; in 1856, Jno. T. Cox; in 1867, Geo. W. Peck; in 1861, John C. Page; in 1865, Geo. N. Parker; in 1869, S. A. Burner; in 1873, P. G. Bradberry; in 1876, G. W. Hen- derson; in 1880, Hugh McHatton; and in 1882, H. O. Hiser.
State Senators .- First session, 1818-20. Joseph Kitchell; 1820-22, Joseph Kitehell; 1822-24, Dan'l Parker; 1824-26, Dan'l Par- ker; 1826-28, Wm. B. Archer; 1828-30, Wickliffe Kitchell; 1830-32, Wiekliffe Kiteh- ell; 1832-31, David McGahey; 1834-36, Da- vid McGahey; 1836-38, Peter Pruyne; 1838 -40, Abner Greer; 1840-42, John Houston; 1842-44, John Houston; 1844-46, Sam'l Dun- lap; 1846-48, Sam'l Dunlap; 1848-50 (the State had been re-districted, and Crawford " was a part of the 9th distriet), Uri Manly; 1850-52, Josiah R. Winn; 1852-54, J. R. Winn; 1854-36, Mortimer O'Kran; 1856-
58, Mortimer O'Kean; 1858-60, Mortimer O'Kean; 1860-62, Presley Funkhouser; 186% -64, Sam'l Moffatt; 1864-66, Andrew J. Ilunter; 1866-68, A. J. Hunter; 1868-70, Edwin Harlan; 1870-72, John Jackson and Edwin Harlan; 1872-74, Win. J. Crews; 1814-16, O. V. Smith; 1876-48, O. V. Smith; 1878-80, Wm. C. Wilson; 1880-82, Wm. C. Wilson; 1882-84, W. H. McNairy.
Representatives .- First session, 1818-20, David Porter; 1820-22, Abraham Cairns; 1822-24, R. C. Ford; 1824-26, David Mc- Gahey; 1826-28, John C. Alexander; 1828- 30, J. C. Alexander; 1830-32, J. C. Alexan- der; 1832-34, William Highsmith; 1834-36, J. D. McGahey; 1836-38, Wilson Lagow; 1838 -40; H. Alexander; 1840-42, Wm. Wilson; 1842-44, Wm. Wilson; 1844-46, R. G. Mor- ' ris; 1846-48, M. Boyle; 1848-50,* R. G. .. Morris; 1850-52, Jas. C. Allen; 1852-54, W. H. Sterritt; 1854-56 (Crawford was now in 17th district), Randolph Heath; 1856-58, Isaac Wilson; 1858-60, H. C. McCleave; 1860 -62, Aaron Shaw; 1862-64 (Crawford was now in the 11th district), David W. O lell; 1864-66, Thos. Cooper; 1866-68, D. W. Odell; 1868-70, Joseph Cooper; 1870-72, Wm. C. Jones; 1872-74 (Crawford was now in the 45th, with three Representatives from the district), Harmon Alexander, Thos. J. Golden and J. L. Flanders; 1824-76, E. Callahan, J. II. Halley and J. W. Briscoe; 1876-78, A. J. Reavill, J. II. Halley and Wm. Lindsey; 1878-80, A. J. Reavill J. W. Graham and J. R. Johnson; 1880-82, J. C. O.win, J. C. Bryan and W. H. II. Mieur; 1882-84, Win. Updyke, J. M. Honey and Grandison Clark,
Miscellaneous .- In the constitutional Con- vention held at Kaskaskia in July, 1818, Craw- ford was represented by Joseph Kitehell and Edward N. Cullom; in that of 1847-8, by Nel-
*The county was districted. and Crawford was a part of the 10th legislative district.
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HISTORY OF CRAWFORD COUNTY.
son Hawley; of 1862, by H. Alexander; of 1870, by James C. Allen. The county has furnished one Governor-Augustus C. French -1846 and 1849; in 1839 Wickliffe Kitch- ell was attorney-general; James C. Allen rep- resented the district in the 33d, 34th and 38th Congress; James C. Allen, circuit judge, 1873; and in 18:0 Wm. C. Jones, of Crawford, was elected circuit judge, and fills the office at the present time.
Township Organization .- The county, as we have seen, was divided into three election precincts at the first session of the court, viz .: Allison, Lamotte and Union. As population increased, other counties were formed out of the vast territory of Crawford, Clark being set off in 1819, Lawrence in 1821, and Jasper in 1831: thus reducing the area of Crawford to its present dimensions, From the time when it was laid off into three precincts, its civil divisions were changed, divided and sub-divided, to suit the extent of territory and the increased population. Under the regime of commissioners, the county was di- vided into a certain number of election pre- cincts which, with various changes, was at the close of the late war as follows: Hutson- ville, Robinson, Watts, Licking, Martin, Franklin, Embarras, Northwest, Montgom- ery, Oblong, Palestine, Southwest. The Constitution adopted in 1847-8, contained the provision of township organization-a provision that was to be voted on by the peo- ple of each county, and leaving it optional with them to adopt or reject it in their re- spective counties. In accordance with the provisions of that Constitution, and in obedi- ence to a demand from the people in the northern part of the State, who had observed its practical workings in the eastern States, the first township organization act was passed by the Legislature. But the law, in attempt- ing to put it into practical operation, dis- closed radical defects. It was revised and
amended at the session of 1851, substantially as it has existed until the recent revision in 1871. The adoption of township organiza- tion marks an era in many of the counties of the State. The northern part of the State, settled by people from the east, principally, and who, as we have said, were familiar with the township system, adopted it first, the people in the southern part being much more slow to take hold of it.
Crawford County adopted township organ- ization in 1868, and the county was divided into townships as follows: All the territory known by Government survey as the north half of township 6 north, range 12 west; all of township 7 north, range 12 west, except one mile in width on the north side; also one mile in width off the east side of township 6 north, range 13 west, and sections 12, 13, 24, 25 and 36 of township 7 north, range 13 west, was formed into one township, and called Robinson. All the territory in frac- tional township 8 north, range 11 west, and all of township 8 north, range 12 west, also one mile in width off the east side of town- ship 8 north, range 13 west; also one mile in width off the north side of township 7 north, ranges 11 and 12 west, and section 1 of township 7 north, range 13 west-was formed into a township and called Hutsonville. All of township 8 north, range 13 west, except one mile in width off the cast side; also frac- tional township 8 north, range 14 west; also sections 2, 3, 4, 5 and 6 of township 7 north, range 13 west, and sections 1 and 2 of town- ship 7 north, range 14 west, was formed into a township and called Licking. All of town- ship 7 north, range 13 west, except one mile in width off the north and east sides; also all of fractional township 7 north, range 14 west, and sections 1 and 2 on the north side; also the north half of township 6 north, range 13 west, except sections 1, 12 and 13; and north half of fractional township 6 north, range 14
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HISTORY OF CRAWFORD COUNTY.
west, was to be known as Oblong Township. All of fractional township ? north, range 10 west, also township ? north, range 11 west, except one mile in width on the north side, and the north half of township 6 north, ranges 10 and 11 west, to be known as Pales- tine Township. All of fractional township 5 north, range 10 west, and the south half of fractional township 6 north, range 10 west, also fractional township 5 north, range 11 west, and the south half of township 6 north, range 11 west, was to be known as Franklin Township. All of fractional township 5 north, range 12 west, also the south half of township 6 north, range 12 west, also sections 1, 12, 13 and 24 of township 5 north, range 13 west, and sections 24, 25 and 36 of township 6 north, range 13 west, to be known as Hebron Township. All of township 5 north, range 13 west, except sections 1, 12, 13 and 24, also south half of township 6 north, range 13 west, except sections 24, 25 and 36, also frac- tional township 5 north, range 14 west, and the south half of township 6 north, range 14 west, was to be known as Hardin Township. Upon reporting the names to the Auditor of State, it was found that four of the new townships bore the same names as townships in other counties of the State, and the following changes were made: Palestine was changed to Lamotte; Hardin to Martin; Hebron to Honey Creek, and Franklin to Montgomery Township.
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