History of Crawford and Clark counties, Illinois, Part 7

Author: Perrin, William Henry, d. 1892?
Publication date: 1883
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 826

USA > Illinois > Clark County > History of Crawford and Clark counties, Illinois > Part 7
USA > Illinois > Crawford County > History of Crawford and Clark counties, Illinois > Part 7

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).

The first Board of Supervisors elected was as

follows: Robinson Township, Dwight Newton; Palestine Township, John D. Shep- ard; Hutsonville Township, John Newlin, Sr .; Licking Township, R. R. Lincoln; Oblong Township, Wm. M. Douglas; Hardin Town- ship, R. E. Haskins; Hebron Township, Henry Wierich, and Franklin Township, Jno. R. 'Rich. Since the division of the county into townships as described above, Southwest Township has been formed, comprising the

territory south of the Embarras River. At present the townships are represented in the Board of Supervisors as follows: Robinson, John Collins; Hutsonville, Simpson Cox; Lamotte, T. N. Rafferty; Montgomery, Thos. R. Kent; Oblong, D. T. Newbold; Honey Creek, George H. Mixwell; Licking, F. M. Niblo; Martin, John Mulvane, and South- west, J. C. Spillman.

The township system of Illinois is not closely modeled after the New England States. There a Representative is sent di- rectly from each town to the lower House of the Legislature. In New York, owing to her vast extent of territory, this was found to be impracticable, and a county assembly, denom- inated a Board of Supervisors, composed of a member from each township, was then estab- lished. This modified system has been copied almost exactly in this State.

Townships are often compared by writers to petty republics, possessing unlimited sov- ereignty in matters of local concern; and Boards of Supervisors are often popularly supposed to be vested with certain limited legislative powers. Neither is the case. " Both the county and township boards are the mere fiscal agents. They hold the purse- strings of the counties; they may contract, incur debts, or create liabilities-very great powers, it is true-but they can not prescribe or vary the duties, nor control in any manner the county or township officers authorized by law. While the County Court of three mem- bers is a smaller, and, therefore, as a rule, more manageable or controllable body by outside influences, there is little doubt that a Board of Supervisors is not only more directly ex- pensive, but also that a thousand and one petty claims of every conceivable character, having no foundation in law or justice, are constantly presented, and being loosely in- vestigated, and tacitly allowed, aggregate no insignificant sum.

CHAPTER V .*

THE BENCHI AND BAR-JUSTICE AND HER SCALES-FIRST COURTS AND WHAT THEY DID -- SOME OF THE EARLY JUDGES-DIFFERENT JUDICIAL DISTRICTS- THE FIRST RESIDENT LAWYERS-KITCHELL, JANNEY, FRENCH, ETC .- THEIR LEGAL ABILITY AND SOCIAL TRAITS - OTHER LAWYERS OF THE COUNTY-THE PRESENT BAR, ETC., ETC.

"Let us consider the reason of the case. For no- thing is Law that is not reason."

-Sir John Powell.

" Where the law ends, tyranny begins." -Pitt.

"The law is a sort of hocus pocus science that smiles in yer face while it picks yer pocket, and the glorious uncertainty of it is of mair use to the pro- fessors of it, than the justice of it."

-Macklin.

"THE first two of the above quotations are from men who, by lives of study and toil, had acquired eminence in the world as lawyers and as statesmen. The last is from one who knew nothing of the law; who was ignorant of its theory and practice, and rep- resents a common, but utterly mistaken view, both of the law and its administration.

The law has grown out of the struggles of nations, states, classes and individuals against wrong and for the right. "All the law in the world has been obtained by strife. Every principle of law which obtains, had first to be wrung by force from those who denied it; and every legal right-the legal rights of a whole nation, as well as those of individuals-sup- poses a continual readiness to assert it and defend it. The law is not a mere theory, but a living force, and hence it is that jus- tice, which in one hand holds the scales in which she weighs the right, carries in the

other the sword with which she executes it. The sword without the seales is brute force; the scales without the sword, is the impotence of law. The scales and the sword belong to- gether, and the state of the law is perfect only where the power with which justice carries the sword is equaled by the skill with which she holds the scales." No men have more power, or are clothed with more responsibility, than judges and lawyers who are the ministers of justice in society, and the history of a State or a county would be incomplete which omitted to mention the men who have set on the bench and practiced at the bar in its courts.

The first court of record held in Crawford County, as elsewhere stated, was held at the house of Edward N. Cullom on the 15th day of September, A. D. 1812, by the Hon. Thomas Towles, Territorial judge, Irom October 2 ", 1815, until the State was admitted into th . union. The term continued for two days, but all business was completed on the first day. There is nothing in the record disclos- ing what members of the bar were present. There were five civil cases on the docket, and four indictments were returned, two were for assault and battery, one for selling whisky to Indians, and one for " bringing home a hog without the ears." The first term of court held alter the State was admitted into the union was a special term, held on the 7th day of July, A. D. 1819, by the Hon. Thomas

* By Hon. E. Callahan.

HISTORY OF CRAWFORD COUNTY.

C. Brown who was one of the judges of the Supreme Court, from October 9th, 1818, until January 18th 1825. This was the term at which William Killbuck, Captain Thomas and Big Panther, were tried for the murder of Thomas McCall. William Wilson was the circuit attorney, and William Badger was worn as his assistant. It does not appear from the record who was counsel for the de- fendants, or what, if any, attorneys were pres- ent at this term.

Judge Brown held all the courts, until October, 1824, when William Wilson, who was one of the judges of the Supreme Court from July 5th, 1819, to December 4th, 1848, held the court for a single term. The writer never knew Judge Wilson until after his re- tirement from the bench, and can only speak of him from his record as a judge and the traditions of him, that still exist among the older members of the bar. As a judge his written opinions are short, clear, and satis- factory. They are models of brevity, and generally contained nothing but good law. His judicial record stands in the history of the State untarnished by a single act that did not comport with the dignity of his office. Judge Wilson was a great lover of stories, and would often entertain his listeners with marvelous tales of great herds of cattle and immense agricultural productions which had no existence except in imagination. He re- sided in White County and died several years ago, at a very advanced old age.

On the division of the State into circuits in 1824, James O. Wattles was elected judge of the fifth judicial circuit, which included the county of Crawford. He was commissioned January 19, 1825, and legislated out of office by the act of January 12, 1827. Noth- ing is known, or can be gathered from old citizens, of the personal history or character of Judge Wattles. James Hall, judge of the fourth circuit, held the November term

1825, but was never one of the judges elected to hold the courts in Crawford County. On the fourth day of January, 1835, Justin Harlan, of Clark County, was commissioned as judge of the fourth circuit, which then included this county, and continued to hold the courts until the year 1850, when the twenty-fifth circuit was created, and Alfred Kitchell, of Richland County, was elected judge in the new circuit. He was succeeded in 1861 by James C. Allen, then a resident of this county. Judge Allen resigned in De- cember, 1862, having been elected to Con- gress, and Aaron Shaw, of Lawrence County, was elected to fill the vacancy.

Judge Shaw is a native of the State of New York, but came to Illinois while a young man and resided at Lawrenceville until about the year 18:0, when he removed to Olney in Richland County. His reputation has been that of a criminal rather than a civil lawyer. He has always had a large practice and has been a successful lawyer. He is impulsive and often stormy at the bar, but on the bench he was always courteous, dignified and impar- tial. He has been a member of Congress and is now the member elect from the 16th con- gressional district of Illinois.

In the year 1865 the county was again placed in the fourth circuit, and Hiram B. Decius, of Cumberland County, was elected and commissioned on the first day of Decem- ber, A. D. 1865. He was re-elected and re- commissioned on the 24th day of June, A. D. 1869. Judge Decius, was a native of the State of Ohio, but came to Cumberland County when a boy. His opportunities for acquiring an education were very poor, but he improved them to the best possible advan- tage, and read law after he reached his man- hood. He was a successful practitioner and during his lifetime acquired a large estate. He was a rough, but vigorous thinker and talker. In politics he was a democrat, and

HISTORY OF CRAWFORD COUNTY.

one who clung to the doctrines and tra li- tions " of his party. In religion he was a liberalist of the broadest gauge.

After the adoption of the constitution of 1870, Crawford County was again in the 21st circuit, and James C. Allen was, on the 2d day of June, 1873, elected judge for a term of six years.

James C. Allen was born in Shelby County, Ky., on the 22d day of January, A. D. 1822, and removed with his father to Parke County, Indiana, in the year A. D. 1830. He lived. 'on a farm until 1840, attending the public school in the winter season and then spent two years at the county seminary in Rockville. He then entered the law-office of Howard & Wright, of Rockville, Ind., and pursued his legal studies until January, A. D. 1844, when he was admitted to the bar. He located at Sullivan, Ind., and in 1845 was elected State's attorney for the seventh judicial circuit of the State. At the end of his term of office he removed to Palestine, Illinois, and sought health in farming, not, however, abandoning his profession. He formed a partnership with Franklin Robb, Esq., of Robinson, which con- tinued until his election to Congress in 1852. In November, 1852, he was elected to the State Legislature, and obtained notoriety by his opposition to what was known as "State Policy." This policy opposed the chartering of any railroad which terminated at or near any city outside of the State of Illinois, or that would tend to carry the trade of the State beyond its own borders. It was an extreme phase of the doctrine of State rights. Men look back now and wonder that it should have been advocated by men of the brilliancy of Linder and the ability of Palmer. The Vandalia line and the Ohio and Missis- sippi Railroad Company were seeking charters to build roads to terminate at East St. Louis. The advocates of State policy were deter- mined to defeat them unless they terminated

at Alton. Mr. Allen held that railroads should be chartered and built wherever the business interests of the country at large re- quired, and was the leader in the house of this liberal policy. His attack upon State policy was able, earnest and successful, and was heartily indorsed by his constituents. He was also opposed to the system of bank- ing established by the Legislature in 1852, which has since resulted in disaster to the business interests of the country.

The reputation which he had acquired in the State Legislature resulted in his election to congress in the 7th district in November, 1852; he was re-elected in 1854, and was then elected clerk of the House of Representatives that met on the first Monday of December, A. D. 1858. Over this house he presided dur- ing the memorable contest for the election of a speaker, which resulted in the election of Mr. Penington, of New Jersey. This was at a time when bad blood was at fever heat, and the difficulties of his position as the presiding officer of an unorganized body of excited men were very great. But he so discharged the duties of his position as to receive a unanimous vote of thanks at the end of the contest. In 1860 he was the candidate of the democratic party for governor of Illinois, and made a canvass which commanded the admiration of both his political friends and opponents, but was beaten by Hon. Richard Yates. In 1862 he was elected to Congress for the State at large, as a " war democrat " over Eben C. Ingersoll, a brother of Hon. Robert G. Ingersoll. During this term in Congress he possessed the confidence of President Lincoln, and voted for every appropriation of men and money which was asked by the administration to prosecute the war. Mr. Lincoln tendered him the command of a brigade, to be known as the Ken- tucky brigade. This position he declined on the ground that he had not the military ex-

HISTORY OF CRAWFORD COUNTY.

perience or training necessary to fit him for so responsible a position. He was re-nomi- nated for Congress for the State at large in 1864, but was defeated by Hon S. W. Moul- ton, the republican candidate. In 1879 he was elected, without opposition, a member of the State constitutional convention, which "vet in January, A. D. 1870, and framed the present State constitution. In this conven- tion he was chairman of the committee on the Legislative Department, and is very largely the author of the legislative article in the constitution which was adopted as it came from the committee. In June, 1873, he was elected judge of the Circuit Court, which office he held until 1879. In 1877 after the Appellate Court was created he was appoint- ed by the Supreme Court, one of the Appel- late Judges for the fourth district, and until 1879 discharged the duties of an Appellate Judge in addition to his service on the cir- euit bench. In the fall of 1876 he removed to Olney in Richland County, where he still resides. After he left the bench he resumed the practice of his profession, and is still en- gaged in it. Judge Allen is a man of rare natural endowments, a splendid physical organization and a commanding presence sup- plemented with a voice that is equally music- al in telling a story or singing a song, makes him a welcome guest, in any and every circle. 'Ile has been too much in politics to make what is called a close lawyer, but his knowl- edge of the fundamental principles of the law is thorough, and both as a judge and as a law- yer he uses this knowledge to the best possible advantage. He is largely gifted with that kind of sense which enables him to grasp read- ily and correctly the common questions of life and controversies of business. This of- ten serves him better than the learning of books. He is an able advocate before a jury: often eloquent, and always impressive, ardent, and impulsive, he sometimes strikes

blows that seem uncalled for, but is ever ready to undo a wrong. As a judge he pre- sided with dignity, unless overcome by some- thing funny or ludicrous. He was sometimes accused of scolding the bar to amuse the laity. His uprightness and integrity were unques- tioned; in politics he is a traditional democrat; in religion, a Presbyterian.

Alfred Kitchell was born at Palestine in the year A. D. 1820. His education, excepting three terms at the Indiana State University, was such as could be obtained in the com- mon schools. He was admitted to the bar in December, A. D. 1841, and in 1842 entered the practice at Olney in Richland County. In January, 1843, he was elected State's at- torney for the fourth circuit, and was re- elected in 1845. He was a member of the constitutional convention of 1847, and in 1849 he was elected county judge of Richland County. In 1859 he was elected to the cir- cuit bench in the twenty-fifth circuit. He assisted to establish the first newspaper ever published in Olney. In politics he was an anti-slavery democrat, and naturally opposed the repeal of the Missouri Compromise and the extension of slavery. His principles led him out of the democratic party, and in 1856 he assisted in the organization of the repub- lican party, with which he acted until his death in November, A. D. 1876. He was an active promoter of the Ohio and Mississippi Railway, and was opposed to what was then called "State policy."

Judge Kitchell was at the Crawford County Bar for many years, and is remembered by its older members as one of the most pleasing and gentlemanly of lawyers. He was always courteous in his intercourse with others. As an advocate he was clear and practical rather than eloquent. His standard of honor and integrity was a high one, and he lived well up to it.

Though he left the county before he was

HISTORY OF CRAWFORD COUNTY.

admitted to the bar, the fact that he was born and lived to manhood in the county, and then returned to it, both as a lawyer and a judge, entitles him to a place in its history.

In 1877 the judicial system was so changed as to create the State into thirteen circuits and provide for the election of one judge in each circuit, to hold until the year 1829, when three judges should be elected in each of the thirteen circuits. Under this change John H. Hally, of Jasper County, was elected in the second circuit, and held the courts of this county during his term of office. Judge Hal- ly is a Virginian by birth, and resided, until near the close of the war, in the south. He was "subjugated " before many of his com- rades in the southern army, and came north to avoid the final catastrophe. His literary and legal education are both liberal, and when aroused he is a formidable adversary in a lawsuit. He is eminently social and loves the sports of a Virginia gentleman. The music of his splendid pack of hounds falls pleasantly on his ear, and he joins in the chase with the utmost eagerness. He justly enjoys a large practice, and is held in high esteem by those who know him, both as a man and a lawyer.

On the 16th day of June, 1879, Chauncy S. Conger, of White County, Thomas S. Casey, of Jefferson County, and William C. Jones, of Crawford County, were elected judges in the second circuit. Since that time the courts in this county have been held by Judge Jones, excepting when changes of venue called in one of the other judges.

Judge Jones was born at Hutsonville, July 15th, 1848. His father, Caswell Jones, Esq., was a successful merchant, and died in March, 1853. His mother was married to E. Callahan, in June, 1855; in 1861 Mr. Callahan, removed to Robinson and opened a law office. Young Jones, of his own choice, went into the Moni- tor newspaper office, and for near one year

performed the duties of the youngest ap- prentice. In 1863, he entered as a student in the Ohio Wesleyan University, where he remained for three years. In 1867 he read law in the office of Messrs. Callahan & Steel, after which he attended a course of law lectures at the Michigan State Uni- versity at Ann Arbor. He was admitted to the bar May Otli, 1868, and in June formed a Copartenship with Mr. Callahan which con- tinned for ten years. On the 25th of Novem- ber, 1869, he married to Mary H. Steel, daugh- ter of James H. Steel, Esq., then a member of the Crawford County Bar. In November, 1870, he was elected member of the 24th General Assembly. In November, 1822, he was elected judge of the County Court, which office he filled with entire satisfaction to all parties until June 1879, when he was elected to the circuit bench. He has brought with him into the judicial office that unflagging industry, and energy, and high sense of justice and right, which have made his life a success. He is still a young man, and one of whom his friends expect much in the future. He resides in Robinson and takes a lively interest in the affairs of his town and county. He is a democrat in poli- tics, and has always been clected as a par- tisan candidate. He belongs to no church, but believes in the Bible and the doctrine of the Christian religion.

It is impossible to notice the lawyers of the bar in the order in which they properly stand, and all that can be done is to give them severally such mention as the writer has been able to gather from the data at his eom- mand.

Wickliffe Kitchell was born on May 21st, 1789, in the State of New Jersey. He was descended from Robert Kitchell, who came from England in the year 1639, and was the leader of a community of Puritans who set- tled at Guilford Colony of Connecticut.

HISTORY OF CRAWFORD COUNTY.

Robert removed to Newark, New Jersey, in 1666, where many of descendants still reside. Early in the present century Asa Kitchell, the father of Wickliffe removed with his fam- ily to what was then the "far west," and Wickliffe reached his majority in the vicinity of what is now Cincinnati, Ohio. School privileges were in those early days, extremely limited, and the time spent by him at school, according to his repeated statement, did not exceed two or three months; but between the hours of labor, and by the fire-light at night, he succeeded in obtaining a fair English edu- cation, sufficient for the practical duties of life. On the 29th of February, 1812, he mar- ried Elizabeth Ross, with whom his early childhood has been passed, and who, with her parents, had emigrated from New Jersey in company with the Kitchell family.

About the year 1814 he removed to south- ern Indiana, upon White River. That portion of the country was then an almost unbroken wilderness and was largely occupied by tribes of hostile Indians, and he and his wife and family, with other families, were often com- pelled to seek shelter and security in the forts and block-houses that existed here and there in the thinly settled region. He was elected sheriff of the county in which he resided (presumably Jackson County), and was, of course, thrown much in contact with lawyers and others in attendance upon the courts, and he determined to read law. He obtained possession of a few text-books, and these he read by the light of log fires and during rainy clays. While clearing ground about his Indiana cabin he cut his foot with an ax so severely as to lame him for life; and this accident served to strengthen his resolution to continue in his course of reading, and he was eventually admitted to the bar. In 1817 he removed to Palestine, Illinois, where he re- sided until in the year 1838. He was a soldier in the Black Hawk war, but was compelled

to return before its conclusion on account of the lameness of his foot. Ile thought the war was cruel and unnecessary, and never failed to comment severely upon the manner in which it was prosecuted. He was a mem- ber of the lower house of the General As- sembly of 1820-21 from Crawford County. In the spring of 1838 he removed to Hillsboro, Montgomery County, Illinois, in order to give his children the advantages of the excellent schools then flourishing at that place. He was again elected a member of the Legislature from Montgomery County in 1841. He held the office of State's Attorney for several years. In 1839 he was appointed Attorney General of the State and held that office for one year. In 1847 he moved with the remnant of his family, to Fort Madison, Iowa, remaining there for seven years, and again returned to Hillsboro, Montgomery County. Ile had the true pioneer spirit, and only declining years prevented him from going to the Pacific coast. After the death of his wife, October 5th, 1862, having ceased to practice his pro- fession, he spent the remainder of his days with his children, who were settled at differ- ent places in Illinois and Indiana, and mostly with his youngest son, John W., at Pana, . Christian County, Illinois, and where he died on the 2d of February, 1860, at the ripe age of 80 years.

From the time of its organization until 1854 he was a member of the democratic party. In that year, objecting strongly to the ground taken by the party on the slavery ques- tion he abandoned the organization forever and took strong, anti-Nebraska ground. He was present as a delegate at the first Repub- lican State Convention held at Bloomington, Illinois, and was a zealous supporter of that party and its policy until his death. He re- tained to a remarkable degree his activity of mind and habits of physical labor.

Eldridge S. Janney was born July 12th,

HISTORY OF CRAWFORD COUNTY.

180 , in Alexandria, Virginia. His father was Thomas Janney, a wealthy merchant, and ship owner of that city. Mr. Janney was a graduate of Nassau Hall College, Princeton, New Jersey, and continued his reading of classic literature in the original languages until the shadow of total blindness fell upon the pages of the old authors, and hid them from him forever. He read law with Thomas Hewitt, Esq., and in 1827, immediately after his admission to the bar, came to Crawford County, and began the practice of his profes- sion. He was a careful, painstaking lawyer; a good special pleader. llis address to a jury was terse and forcible, rather than elo- quent. He was a member of the State Legisla- ture in the sessions of 1844, and 1846.

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History of Crawford and Clark counties, Illinois, Part 7

Author: Perrin, William Henry, d. 1892? Publication date: 1883 Publisher: Chicago : O.L. Baskin & Co. Number of Pages: 826

Author: Perrin, William Henry, d. 1892?
Publication date: 1883
Publisher: Chicago : O.L. Baskin & Co.
Number of Pages: 826