USA > Illinois > De Witt County > History of De Witt county, Illinois. With illustrations descriptive of the scenery, and biographical sketches of some of the prominent men and pioneers > Part 21
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80
HISTORY OF DE WITT COUNTY, ILLINOIS.
sation, 8243.12. Would not the county have fared better in offering this compromise of fifty per one hundred to the individu- als by whom those fees were dne ?
At the next meeting of the board, James De Land filed his report in reference to fees earned and collected in the office of Circuit Clerk, 1872 to 1876. This report is most elaborately compiled, and winds np by stating that the offleer in question, Mr. Harrison, was then owing to the county a balance of $5372.03, and not of $350.59, as would appear from his own report. On motion of Mr. Graham, the report of Mr. De Land was accepted.
W. II. Harrison thereupon resigned his office. James De Land was appointed by the judges of the circuit to fill this vacancy.
A second petition, praying for a vote on the question of refund- ing the county debt at a lower rate of interest, was filed March 1st, 15>0 ; the prayer was granted, and an election ordered on the day of the April township election.
Suit for $10,000 was brought against llarrison and his sure- ties, but an amicable settlement, based on fifty per cent. of amount due to the county. was proposed by said sureties; the money, viz., 85000, to be paid into the county treasury within sixty days after adjournment of conrt.
W. Z. Dewey reported to have collected old fees to the amount of $1200. The county debt to be refunded amounted, in the ag- gregate, to 8175,000. At a called meeting of the board, held on the 15th of March, the order for holding an election on this question, at the April town election, was rescinded, and a special election ordered to be held on the fifteenth day of April next. It seems that the phraseology of the previous order did not snit capitalists or bondholders, and the vote now was to be on twenty years' bonds of $1000 each, bearing six per cent. annual interest, and made payable in New York.
Twenty-Second Board-1880 to 1881.
J. R. Turner, of Tunbridge, Chairman ; A. E. Newman, of Texas : J. D Miller, of Creek : J. N. Manlove, of Nixon ; Charles Richter, of De Witt; Lewis Campbell, of Clintonia, Charles Willmore, of Ilarp; E. D. Sessions, of Waynesville; Jacob Parlier, of Wapella ; Mathias Crum, of Santa Anna ; E. Hel- mick, of Rutledge; Nicholas Foley, of Wilson. One vacancy (Barnett', the Supervisor elected refusing to qualify.
This and the present board are composed of twelve members only, as the members of Barnett refuse to qualify.
There is quite a little history connected with the supervisor- ship of said town, which will more fully appear in the townsbip sketch. Nathan Barnett, elected Supervisor in 1878, bad quali- fied as such officer in due form of law. His township had voted a subscription of 830,000 in aid of constrneting the Illinois Mid- land Railroad ; and as the road was located so very near the West township line as to be almost outside of the town, the au- thorities concluded to repudiate this subscription. The law- machinery was put in operation, and in due course of time a writ of mandamns was issned. Nathan refused to obey, was fined $500, and sent to Springfield jail for contempt of court. A man of grit, and Spartan-like, Natban remained in jail until his term of office had expired and a successor was elected and qualified in the person of his brother Lyman. Nathan having, as he said, " worn out " the mandamus, had to be set at liberty. Lyman attended the meetings of the board during the year, and was suc- ceeded, in 1880, hy W. Gambrel, who refused to qualify. The conrt holding that Lyman remained a member until his successor
had qualified, proceeded against Lyman. He, however, is away from home at the present writing, and has been since those pro- ceedings began. Barnett town is without a Supervisor, but gets along pretty well in its orphaned condition.
The election on the bond question was held on the 15th of April, and resulted in the adoption of the refunding plan. One hundred and seventy-five thousand dollars in one-thousand-dollar bonds were issued, and after some efforts to place them, the bank firm of John Warner & Co. offered to sell them at a commission of one-eighth of one per cent. This proposition was accepted, and 8125,000 were disposed of by July 12th, 1880. By Sep- tember following all but six thousand dollars had been placed, and the board, desirous to close and complete the work, passed the following resolution :-
" Whereas, there are certain persons holding and owning a small number of nld county bonds, who refuse to deliver up the same for their fair value, therefore be it Resolved by the Board of Supervisors of De Witt County, that if said bonds are not delivered up to the bank firm of John Warner & Co., at Clinton, Illinois, on or before November 1st, 1880, for cancellation, this Board will then proceed to litigate, and stop payment of interest.
This resolution had the desired effect.
Tuenty- Third Board-1881 to 1832.
J. B Turner, of Tunbridge, Chairman ; Cornelius Kelley, of Texas ; H. C. Spainhour, of Creek ; John N. Manlove, of Nixon ; William Metzger, of Clintonia ; W. II. Cardiff, of Harp; Jacob Swigart, of De Witt; Charles Jones, of Waynesville; F. L. Harpster, of Wapella; Henry Brittin, of Wilson; Franklin Vance, of Rutledge; Matbias Crum, of Santa Anna. Barnett township not represented.
The affairs of the county are now in a very favorable con- dition, the county indebtedness in a fair way of being gradually redneed and wiped out. The board is ably assisted in its labors by a corps of efficient county officials, to wit:
G. K. Ingham, County Judge; Angustns V. Lisenby, County Clerk; J. T. Carle, Circuit Clerk ; Amos Weedman, Sheriff; James A. Wilson, Treasurer ; Miss Mary S. Welch, School Su- perintendent ; Alexnder L. Barnett, Surveyor ; Lafayette Ely, Coroner ; W. H. Booth, States Attorney ; G. B. Graham, Master in Chancery.
COURTS.
Probate Court .- The first session of this court was held August 10th, 1839, and presided over by Fleming G. Paine. The pro- ceedings were not of great interest. The few remarks abont estates administered on at this early day are merely made for the purpose of illustrating the wealth or poverty of the parties men- tioned, and of showing what commodities or personal property they had been possessed of, and what prices were obtained at the various administrators' sales.
The first estate administered on was that of Solomon Blount,- the day and date of his death is not mentioned. Catharine, his widow, and G. B Lemen, were appointed administrators. The penalty of the bond was 8800, with Isaac Strain and W. C. Swisher as sureties. James Vandeventer, Thomas Wilson, and W. H. Lafferty were appointed appraisers. The warrant of their appointment was, however, revoked on the 26th of September, and W. H. Lerty, D. Robbins, and John Sash appointed in their place.
The personal property brought 8682 11}, at public sale held October 4th, 1839.
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HISTORY OF DE WITT COUNTY, ILLINOIS.
The following prices were obtained : A bee-stand, $4.00; one side-saddle, 38 cents; one man's saddle, 84.00; a stack of fall wheat, $6.60; one of spring wheat, $1. 50; one of oats, $2.25 ; one yoke of oxen, $60.50; eighteen sheep, $41.00; one colt, $42 00, etc., etc. D. Robbins clerked, and F. G. Paine, the judge, cried the sale. Corn was sold subsequently at 20 cents per bushel.
The inventory stated that the deceased hield, at the time of his death, land certificates covering two hundred and eighty acres, all in town 20 N. R. 3 East.
The estate was settled on the 4th of September, 1843.
The administrators charge themselves, as above, with $682 11}, and take credit as follows: Funeral expenses, $10.18; costs of appraisement and sale, 85 38 ; probate fees, 820 00; debts paid, $597.50, and administrators' compensation $40.55 cents, leaving
balance of 88.50} to the heirs.
Second Estate .- Samuel Stewart died September 6th, 1839. The widow having resigned her right to administer, letters were granted to William Stewart, a son of deceased, on the 20th of September, 1839. A bond of $3200 was signed by John Moore and George Barnes. The inventory, filed November 15th, showed cash and notes of hand amounting to 8318.06. The personal property was appraised at 8654.78.
The widow's award was $218.44, which she took in chattles at appraised value, the rest of personal property was sold at anction for $508.48.
An informal settlement was made on the 4th of Septem- ber, 1841, when the administrator reported to have collected $1,020.39, and to have disbursed $970.25.
Third Estate .- William Dye, died Sept. 23d, 1839. Nancy Dye, widow, and Ben. Cundiff, administrators. Inventory men- tions 295 acres of land in township 19, 2 east, personal property appraised at $928.50. A part of this was sold at auction on the 8th of November, 1839, for 8442.86. The following prices were obtained :
Oae eight-day clock, $6,00; a shot gun, $6 00; one-half of a wind-mill, (probably wheat fan), $8.00; four yokes nf steers, $167.50; one Durham bull, $6.75; eighteen shoats, $37 00; three cows, $28.00: two heifers, $12.00; thirteen sheep, $13 00; one filly, $37.50; one mare, $20 00; one stack of fall wheat, $9 00; one do. of spring wheat. $5 00; seven rows of corn in the field, $36 20; one saddle, 50 cents; and one spinning-wheel, $1 00.
The claims probated against the estate amounted to $403 15. Fourth Estate .- Charles McCord, died November 8th, 1839. W. Y. McCord, administrator. This estate was small-$168.10 in toto, but proved to be solvent ; debts amounted to $146 38.
Fifth Estate .- Amos Armsby died February 23d, 1840. Horace Armsby, adminstrator, bond, $3,000.
Personal assets, as follows:
Cash on hand at time of death, $480 G9
Promissory notes, .
550,00
Proceeds of sale, . 1.010.72
$2,041.41
Real estate, two hundred and eighty acres of land, in T. 20, R. 1 west. Prices paid at sale :
One saddle, $11 75; one mare, $65.50; one cow and calf, $16 50; one cart, $30.00; one wagon, $49 00; shingles, $2.87 per thonsand; nails, 11 cents per pound ; planks, $1.06 per hnu- dred ; wall-paper, 32 cents per roll ; crowbar, 6 cents per pound ; one screw-plate, $5.00; one hay-hook, $6.30; one log-chain, $3.50.
A complete and accurate settlement of this estate was made, March 15th, 1841. The administrator charged himself with the inventory and sale-bill, together with amount of interest ac- crued on deferred payments, to wit .: $93.86 ; total, $2,135.27, and took credit for costs in court, $16 00; expenses of sale and ap- praisement, $12.00; debts paid, 822.00; administrator's compen- sation, $107.81 ; balance for distribution, $1,977.46. The heirs, Panthea, Edwin, Lawrence, and Horace Armsby receipted for their shares, $494.36, on the same day.
Sixth Estate .- Jacob Brown died April 7th, 1840. This estate was insolvent; there was only 848.77 with which to pay funeral expenses, court fees, and $108.53 in probated claims.
Seventh Estate. - Matthew R. Martin died April 18th, 1840, (Ifis name appears again below; he had been killed by one Turner.) John Lane became administrator, and sold the per- sonal effects of deceased for $47 69.
In Sept. 1851, eleven years later, the administrator was cited to make a settlement. He appeared and paid the court fecs. The debts of the deceased amounted to $88.98.
Eighth Estate -Joshua Cantrall had died testate. His will being the first ever probated in the county of De Witt, is here introduced in full, to wit. :
The instrument is dated April 5th, 1838, and was probated on the 25th of Angust, 1840. It reads as follows:
In the name of God, Amen! I Joshua Cantrall, of McLean county,* and State of Illinois, being in perfect health of body and of sound and disposing mind, memory and understanding con- cerning the certainty of death and the uncertainty of the time, and being desirous of settling my worldly affairs, and thereby be the better prepared to leave this world, when it shall please God to call me hence, and I do therefore make and publish this my last will and testiment, in manner and form following, that is to say : First and principally I commit my soul into the hands of God, and my body to the earth to be decently buried ; and after my debts and funeral charges are paid, I design and bequeath as follows :
First. I design and bequeath to my wife, Rachel, during her natural life, the farm on which I now live, as deeded to me by Mark Pherson and Frederick Stip, except the east-half of the west-half of the north-west quarter of section 29 of township No, 21. north of range No. 1, east of the third principal meredian. and I will one acre of land to be laid off in a square in the north-west corner of section No. 32, for the purpose of a burying place.
Also, of the live stock as follows: two head of horses, three cows and calves, twenty head of sheep, all of such as she may choose, and as much of the house-hold and kitchen furniture as she may deem necessary for ber convenience; also, one wagon, two plows, and the tackling sufficient to work the same, and four pair of gears, one logchain, one axe, one mattock, and one hun- dred and fifty dollars in money.
Secondly. I design to bequeath my daughter, Jane, two hun- dred and fifty dollars.
Thirdly. To my daughter, Thirza, I design and bequeath a tract of land, it being the west half of the south-east quarter of section No. 4, in township No. 19, north of range No. I, cast, and one hundred and fifty dollars.
Fourth, and to my son, Zebulon, I design and beqneath two
* De Witt county was organized abont one year after the date of this will, which accounts for the name of McLean county in the above.
11
82
HISTORY OF DE WITT COUNTY, ILLINOIS.
hundred dollars and forty acres of land, more or less, it being the north-east quarter of the north-east quarter of section No. 12, in same township.
Fifth, and to my daughter, Mahala, I design and bequeath three tracts of laud, the first being the west half of the east half of the south-east quarter of section No. 30, in township No. 21, north of range No. 1, east of the third principal meridian ; the second being the west half of the north-west quarter of section No. 5, in township No 20, north of range No. 1, east of the third principal meridian, except oue acre and one hundred and forty rods, lying on the north-east corner of said lot, beginning at the north east corner of said lot, thence west twenty-five rods to a stake, thence north twelve rods to a stake, thence east twenty- five rods to a stake, thence north twelve rods to the beginning, which lot or parcel of land, of one acre and one hundred and forty rods as last described, I bequeath and design to my son William.
The third tract I desigu and bequeath to my daughter Mahala, heing the east half of the north-east quarter of section No. 11, township No. 19, north of range No. 1, east of the third principal medidian.
Sixth. And to my daughter, Polly, I design and bequeath three tracts of land as follows : The first being the east half of the south- east quarter of section No. 27, in township No. 20, north of range No. 1, east of the third principal meridian, the second being the south-east quarter of the south-west quarter of soction No. 35, in township No. 20, north of range No. 1, east, the third being lot No. 2, north-east quarter of section No. 2, in township No. 19, north of range No. 1, east.
Seventh. And to my son William, in addition to the one acre and one hundred and forty rods above mentioned, I desigu and bequeath four tracts of land, the first being the east hall of the east half of the south-east quarter of section No. 30, of township No. 21, north of range No. 1, east. The second being the west half of the north-east quarter of section No. 12, in township No. 19, north of range No. 1, east. The third being the south-cast of the south-west quarter of section 32, of township No. 21, north of range No. 1, east. The fourth being forty-eight acres, to be laid off upon the north end of the east half of the north-west quarter of section No. 5, of township No. 20, north of range No. 1, east. The balance of said lot or parcel of land, I design aud bequeath to my daughter Mahala, in addition to my other be- quests to her.
Eight. And to my son Levi, I design and bequeath three tracts of land ; the first being the east half of the west half of the north- west quarter of section No. 29, in township No. 21, north of range No. 1, cast; the second being the west half of the south-east quarter of section No 32, in township No. 21, north of range No. 1, east ; the third being the east half of the south-east quarter of section No. 2, in township No. 19, north of range No. 1, east.
Ninth. And to my daughter Nancy, I design and bequeath three tracts of land as follows : The first being the west half of the north-west quarter of section No. 26, in township No. 20, the north-west quarter of section No. 1, in township No. 19, north of range No. 1, east ; the third being the south half of the west half of the south-west quarter of section No. 36, in township No. 20, north of range No. 1, cast.
north of range No. 1, east ; the second being the north half of . company I, 154th Illinois Infantry ; Stephen Adams.
Tenth. And to my son Joshua Christopher, I design aod be- queath a traet of land, it being the west half of lot No. 2, north- east quarter of section No. 1, in township No. 19, north of range No. 1, cast.
Eleventh. And to my son Eli, I design and bequeath a tract of land, it being the west half of lot No. 1, north-east quarter of section No. 1, in township No. 19, north of range No. 1, east.
Aud furthermore, at the decease of my wife, I design and be- queath the farm on which I now live, as above described, to my last mentioned sons, Joshua Christopher and Eli, with all and singular the appurtenances thereunto belonging, to be equally divided between them ; and lastly, I will that the balance of my estate, both real and personal, be equally divided amongst all my children, as above named.
I do constitute and appoint my sons, Zebulon and William, my executors of this my last will and testament, revoking and au- nulling all former wills by me made, ratifying and confirming this and none other. In witness whereof I have hereunto set my hand and seal, this 15th day of April, in the year of our Lord 1838.
JOSHUA CANTRALL. [SEAL.]
Signed and sealed in the presence of us,
F. S. HARRISON,
HOMER BURK,
DAVID MONTGOMERY.
Letters testamentary were granted to said Zebulon and Wil- liam Cantrall on the 25th of August, 1840 ,they having qualified hy oath and entering into bond for $3,200. William, one of these executors, filed inventory and sale bill on the 2d day of November, A. D 1840.
The inventory contained a description of real estate, viz. : 776265 acres of land, four lots in the town of Waynesville, a list of notes and accounts due to the estate, amounting in the aggre- gate to $209.59, and a statement of cash on hand at the time of death, viz., $400.50.
The sale of personal property, held on the 18th of September, brought $1,775.11, hence it would appear that the whole per- sonal estate of the deceased amounted to $2,385.20.
The debts probated amounted to $47.14. There is no further i mentiou made of this estate on the probate records.
Peter Bellew, bound to E. W. Wright, December 6, 1843.
Emeline Winslow, bound to Orin Wakefield, June, 1845.
Isaac II. Blankenship, bound to B L. Cundriff, June, 1846. Maury Baker, bound to James McCord, June 7, 1847.
Elizabeth Holsey, bound to Samuel Spencer, the father of Eliza- beth consenting, June 6, 1848.
The probate court also granted certificates of naturalization to a few foreigners, residents of De Witt county.
The first certificate of this kind was granted to John Sheehey, a native of Ireland, on November 1, 1866. Besides him, this court naturalized twenty-five other Irishmen, one German, and one Swede Eight others received certificates of naturalization on account of military services rendered during the late civil war, to wit: William McDonald, company K, 152d Illinois In- fantry ; George Toohey, company A, 107th Illinois Infantry ; John Stewart, company D, 107th Illinois Iofantry ; Ora C. Ives,
Fourth Maryland Infantry (all Irishmen)-Avery II. Ives, a Canadian, 4th Illinois cavalry ; John Schlafke, a German, company D, 107th Illinois Infantry, and George H. Claus, a Dutchman, company L, Johnson's cavalry. Seven others, who had come here as minors with their fathers, received also certi- ficates of naturalization on first application. The county court of De Witt county has therefore granted forty-three such certi- ficates during a space of forty two years.
83
HISTORY OF DE WITT COUNTY, ILLINOIS.
Another branch of business transacted by the probate or county court, was the " binding ont," or indenturing of minors. The phraseology of the instruments seems to have been taken from an old English text; boys were to be taught the arts and secrets of farming, etc., and were to receive a Bible, and a horse with saddle and bridle at the expiration of their term, twenty one years of age; girls were to be introduced into the secrets of house-keeping, and sometimes be taught the arts of a " spinster." Their servitude terminated with their eighteenth birth-day, and their compensation usually consisted in a Bible and an extra suit of clothes for Sunday wear. The following are the earliest in- dentures of the kind made in De Witt county, viz :
William Bromfield, bound to G. B. Lemon in March, 1840.
K. W. Poff, bound to D. S. Ely, June, 1840.
Henry Winkle and Charlotte Winkle, bound to Abraham Bash, September, 1843.
James J Bellew, bonnd to Jacob Harrold, December 6, 1843. Albert Winslow, bound to James Shinkle, in March, 1846.
The Roster of officers in the Appendix contains the names of the gentlemen who presided over the sessions of this conrt, and also the length of their respective ternis.
CIRCUIT COURT.
The first term of this court was held on Thursday, October 24, 1839, with Hon. Samuel II. Treat on the bench, and D. B. Campbell, state attorney. K. H. Fell had been appointed cir. cuit clerk of De Witt county, then a part of the eighth judicial circuit, by Hon. Stephen T. Logan, on the 23d day of March, 1839. Fell took the oath of office before William Anderson, an acting justice of the peace, on the 1st of April, 1839.
John Montgomery was appointed foreman of this the first grand jury of the county. The names of the grand jurors chosen for this term have been recited above under the heading govern- ment of the county, and need not be mentioned again.
The first and only indictment returned by this august body was for a most trivial offense, and resulted, as it ought to have, in a verdict of " not guilty." This indictment was the "fore- runner " of multitudes of similar charges, and it is very much to be deplored that grand juries will braneh off on such business. True, such trivial charges are never upheld, but people are not only harrassed and worried by them, but have to incur heavy and galling expenses in defending themselves against frivolous and often malicious charges. The indictment above mentioned is here introduced at length. Its victim is to this day an houored citizen of the county, and though the contents of these pages may induce a smile yet, he well remembers how outraged he felt when the "capias" was presented.
George Clifton, an early settler was, at the October term of the Circuit Court, in 1839, indicted for malicious mischief. The indictment is in words and figures as follows :
Of the October term of the De Witt Circuit Court, in the year of our Lord one thousand eight hundred and thirty-nine.
STATE OF ILLINOIS,
DE WITT COUNTY. SS. The grand jurors, chosen, selected, and sword ia and for the county of De Witt, in the name and by the authority of the people of the State of Illinois, upon their oaths present, that one George Clifton, on the first day of September, A. D. 1839, at the county of De Witt and state aforesaid, one hog of the value of five dollars, (being then and there the property of one B. Lowery,) unlawfully, wilfully, maliciously, did wound, contrary to the form of the statute in
such case made an l provided, and against the peace and dignity of the people of the State of Illinois.
And the grand jurors aforesaid, in the name and by the au- thority upon their oaths aforesaid, do further present, that on the said first day of September, A. D. 1539, in the county and state aforesaid, the said George Clifton, one pig, of the value of five dollars, the property of one B. Lowery, then and there being found unlawfully, wantonly, willfully and maliciously did wound by then and there cutting the hoof-strings of the said pig, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people of the State of Illinois.
D. B. CAMPBELL, State's Attorney.
JOHN MONTGOMERY, Foreman Grand Jury.
George Clifton was put upon trial May 221, 1840. John Lowery, Wilson Hood, and Job Clifton had been subponed for the people, and a jury was impaunelled with William Stewart as foreman.
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