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 22
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The defendant, George Clifton, who had at the October term last preceding, given bonds in the penalty of one hundred dol- lars, with Nehemiah Clifton as security, was acquitted.
The verdict without date) says: We, the jurors, do find the defendant not "guilty."
Thus en led the first criminal case tried in De Witt county. May term, 1840 .- Same officers of court.
R. F. Barnett, foreman of grand jury. Indictments were returned-
James Ifarp, for selling liquor without license, six indict- ments. Harvey Bradshaw, for the same offense, five indictments. John French, for assaulting an officer. Spencer Turner, for the murder of Matthew K. Martin.
The particulars of this latter case were as follows :
The first murder triul in the county came off in September, 1840, before the Hon. Samuel II. Treat, proseeuted by D. B. Campbell, States Attorney. Although the trial terminated in acquittal, there are some facts and incidents of great interest connected with the case, so that a brief sketch of it may here find space.
It appears, from a coroner's inquest conducted by Squire J. C. McPherson on the 19th of April, 1840, that Matthew K Martin, a citizen of De Witt county, "came to a premature death," in the towa of Clinton, on said 19th of April, 1840, and that one "Spencer Turner " was in part the cause of said Martin's death.
The verdict of the coroner's jury stated further, that Martin came to his death by a severe blow upon his head with a elub, struck by Spencer Turner, "together with his own ( Martin's) imprudence in keeping himself in a state of intoxication and exposure in rain and inclemency of the weather, in the night previous to his death."
J. C. McPherson now issued a capias, directed to all sheriff's, coroners, and constables of the State of Illinois, commanding each and all to " take the said Spencer Turner, if he be found in your county, and if he shall have fled, to pursue after said Tur- ner into any other county within this State, so as to have his body forthwith before me or some other justice," etc.
Turner had not gone far. for the above capias is endorsed as follows: " Executed the within by fetching the body of Spencer into court, as commanded. This 19th day of April 1840.
" G. E. BENNETT, Constable."
81
HISTORY OF DE WITT COUNTY, ILLINOIS.
The prisoner gave bond to the amount of ten thousand dollars for his appearance at court, with Merlin Goblet, Allen Turner, Benjamin Shipley, D. II. Lawrence, and Timothy B. Ioblet, as Eureties.
At the May term, 1840, of the Circuit Court of De Witt county, the following indictment was returned into court :-
"INDICTMENT.
" STATE OF ILLINOIS, ?
DE WITT COUNTY, )
" The Grand Jurors, chosen, selected, and sworn in 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 Spencer Turner, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 15th of April, in the year of our Lo'd one thousand eight hundred and forty, with force and arms, at the county of De Witt, in the State of Illinois aforesaid, in and upon one Matthew K. Martin, in the peace of the people then and there being, felo- niously, wilfully, and with his malice aforethought, did make an assault, and that the said Spencer Turner, with a certain wooden stick, of the value of ten cents, which he, the said Spencer Tur- ner, in his right hand then and there had and held, the said Matthew K. Martin in and upon the right side of the head, near the right temple of him, the said Mattew K. Martin, then and there feloniously, wilfully, and of his malice aforethought, did strike, giving to the said Matthew K. Martin, then and there with the wooden stick aforesaid, in and upon the said right side of the head near the right temple of him, the said Matthew K. Martin, one mortal wound, of the length of two inches, and of the depth of one inch, of which said mortal wound the said Matthew K Martin, from the said fifteenth day of April, in the year aforesaid, until the eighteenth day of the same month of April in the year aforesaid, in the county and State aforesaid, did languish, and languishing did live, on which said eighteenth day of April, in the year aforesaid, the said Matthew K Martin, in the county and State aforesaid, of the said mortal wound died, and so the grand jurors aforesaid, upon their oaths aforesaid, do say that said Spencer Turner the said Matthew K. Martin, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, 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 Illinors.
-
D. B. CAMPBELL, States Attorney."
The case was continued to September, 1840, and again to May, 1841, when it was tried before the following jury, to wit :-
Henry Williams, foreman ; George Copenbarger, Charles Day, Isaac Carlock, Moses J. Williams, A Onstott, W. Dyer, W. Stew- art, Jeremiah P. Dunham, William Wright, Sr., Thomas Wilson, and Samuel Duncan.
The accused was ably defended by the illustrious Stephen A. Donglas and the immortal Abraham Lincoln.
The verdict of the jury, written on a bit of paper rudely torn from a sheet, reads as follows :-
" We, the jury, find the defendant not guilty (gilty)." " HENRY WILLIAMS, Foreman.
" Clinton, May 23d, 1841."
Douglas and Lincoln each took a promissory note of two hun- dred dollars in pay for their services. Douglas was careful to get " good " paper, while Linealn, with his known "charity to all," was satisfied with Spencer's paper, endorsed by William Turner.
Lincoln brought suit at the October term, 1841. The decla- ration is in his own handwriting, and is given here at length :-
"STATE OF ILLINOIS, DE WITT COUNTY Of the October Term of the Circuit Court
AND CIRCUIT. of said County, A. D. 1841.
" Abraham Lincoln, plaintiff, complains of Spencer Turner and William Turner, defendants of a plea of trespasss on the case upon promises ; For that whereas, the said defendants, here- tofore, to wit, on the twenty-third day of May, in the year of our Lord eighteeu hundred and forty-one, at Clinton, to wit, at the county and circuit aforesaid, made their certain promissory note, in writing, the said William signing his name thereto, thus:
William x Turner, bearing date the day and year aforesaid, and mark. thereby then and there promised to pay, ninety days after the date thereof, to the said plaintiff, by the name of A. Lincoln, the sum of two hundred dollars, for valne received, and then and there delivered the said promissory note to the said plaintiff, by means whereof, and by force of the statute in such case made and provided, the said defendants there and then became liable to pay to the said plaintiff the said sum of money in the said prom- issory note specified, according to the tenor and effect of the said promissory note, and being so liable, they, the said defendants, in consideration thereof, afterwards, to wit, on the day and year aforesaid, undertook, and then and there faithfully promised the said plaintiff, to pay him the said sum of money according to the tenor and effect of the said promissory note; yet the said defend- ants (although often requested to do so) have not as yet paid to the said plaintiff the said sum of money in the said promissory note specified, or any part thereof, but so to do have hitherto wholly neglected and refused, and still do neglect and refuse- To the damage of the said plaintiff of three hundred dollars ; and therefor he sues."
(Copy of Note sued on.) "CLINTON, MAY 23D, 1840.
" Ninety days after date I promise to pay A. Lincoln two hun- dred dollars, for value received.
SPENCER TURNER. his
WILLIAM X TURNER." mark.
The suit was decided in favor of Abraham Lincoln, but the officers failed to make collection. C. H. Moore, Esq., informed us that Spencer Turner, subsequent to the trial, offered Mr. Lincoln a horse in payment of the judgment. Lincoln took the animal, which soon after got stone blind and perfectly worthless. Mr. Torner is still living.
October term, 1840 .- Same officers.
David Montgomery, foreman grand jury. Harvey Bradshaw was tried on his five indictments, acquitted on four, convicted on one, and fined $10. Four of Harp's cases were nol. pros., and on the other two he was acquitted ; so was John French.
The grand jury returned four new indictments against Harp for selling liquor, and indicted Samuel K. Goble for passing a fictitious bank note, purporting to be a note for the payment of money hy a certain bank,-the Merchants' and Planters' Bank at Chicago, Ill.,-when in fact there was then and there no such bank in existence. The note is on file, a beautifully executed steel engraving.
May term, 1841 .- Same officers.
James Brown, foreman of grand jury. R. Benedict was ap- pointed state attorney pro. tem. during the absence of D. B. Campbell.
85
HISTORY OF DE WITT COUNTY, ILLINOIS.
John French was indicted for malicious mischief, and Gabriel Bennett for embracery. The writer could not find this indict- ment nor ascertain with what jury Mr. Bennett had been tam- pering. Four liquor cases were also returned.
October term, 1841 .- Same officers, with exception of the clerk, Daniel Newcomb having succeeded Mr. Fell. James A. Lemen foreman of grand jury.
Three indictments for selling lignor were returned.
May term, 1842 .- Same officers.
R. F. Barnett, foreman of grand jury. L. Ilickman was indicted for assault and battery. Hickman stood trial, was found guilty, and had to pay a fine of $47.50, about sixteen times the fine of the current assault and battery eases.
October term, 1842 .- Same officers.
Jeremiah P. Dunham, foreman of grand jury. Charles Council was indicted for assault.
April term, 1842 .- Same officers.
R. F. Barnett, foreman of grand jury. Francis and Charles Groshang were indicted for larceny ; they were tried in Septem- ber, 1843, and acquitted. Jordan Banta, indicted for larceny- nol. pros., and Jesse Blankenship, indicted for same, was ac- quitted.
September term, 1843 .- Same officers.
R. S. Doolittle foreman of grand jury. Charles Wines was indicted for compounding a criminal offence, and John Strain for perjury-was tried in September, 1844, and acquitted.
Aprit term, 1844 .- Same officers.
John B. Jones, foreman of grand jury. Westley Allsop was indicted for assault, and also for malicious mischief. Owen Belford, for assanlt, was nol. pros., Sept., 1844. William Belford and six others, for riot. This indictment was quashed in Sep- tember next.
September term, 1844 .- Same officers. Joseph Howard, fore- man of the grand jury.
Indictments-W. Walters, perjury ; John Howard, foreman grand jury. D. F. Grosh, gaming, nol. pros .; John Warner, gaming, nol. pros .; Jacob Hurley, mischief, nol. pros. ; James A. Lemen, gaming, nol pros. ; Ralph Rosencrans, gaming, nol pros. ; Thomas Hutchin, mischief, acquitted September, 1845.
Muy and September terms, 1845 .- Same officers.
Ed. W. Fears and B. F. Barnett, foremen. No indietments.
The first divorce case in De Witt county was tried at the May term, 1845. Edward Morris had at said term filed a complaint with the clerk of the court, praying the court to grant a divorce from Lonisa, his wife, to wit :
To the Hon. Samuel H. Treat, Judge of the Circuit Court held in and for the County of De Witt and State of Illinois, in chancery sitting,
Humbly complaining, shows unto your honor, your orator, Edward Morris, of the connty and state aforesaid, that on or about the year A. D. 1821, in the county of Morgan and state of Ohio, he was duly married to Louisa Morris; that, in or about A. D. 1835 your orator and his said wife, the said Louisa, came to reside in the said county and state first aforesaid, and are still residents of said county of De Witt. Your oratar further shows, that by virtue of his said marriage aforesaid with the said Louisa, he has from the time of the marriage aforesaid to January, A. D. 1843, lived with, associated and cohabited with his said wife, the said Louisa; your orater further shows, that subsequent to his marriage with the said Louisa as aforesaid, she the said Louisa, has committed adultery with one Russell Post at the county and state first aforesaid ; your orator further shows, that subsequent
to his marriage with the said Louisa, she the said Louisa, has committed adultery with the said Russell Post at the times fol- lowing, to wit: in the months of January, February, March, April, May, June, July, Angust, September, October, November and December, A. D. 1943; your orator further shows, that subsequent to his marriage with the said Lonisa, she the said Louisa, has committed adultery with the said Russell Post, in the county aforesaid, at the following times, to wit : in the months of Janvary, February, March, April, May, June, July, August, Sep- tember, October and November, in the year 1844.
And your orator charges that the several statements and allega- tions aforesaid are true, and this your orator is ready to verify and prove, as this honorable court will direct.
All which actings and doings herein alleged against the said Louisa Morris are contrary to the moral sense of the community and the well-being and the good order of society, and teud to the corruption and destruction of the same, and has destroyed the peace and happiness of your orator, and are in violation of the laws of this state and contrary to equity and good conscience, and tend to the manifest wrong and misery of your orator in the premises. Forasmuch, therefore, as your orator can only have adequate relief in the premises in a court of equity where matters of this uature are cognizable and actionable, may it please your 1 | houor that the said Louisa Morris be made defendant hereto and that the peoples' writ of subpiena issue out of and under the seal of this honorable court to the said Louisa, thereby commanding her at a certain day, and under certain pain, to be and appear before your honor in this honorable court, and then and there full, true, direct and perfect answer make to all and singular the premises statements, allegations and charges in this bill contained. And your orator prays that the bonds of matrimouy heretofore and uow existing between the said Louisa Morris and your orator by virtue of the marriage aforesaid, may be by the order and desire of this honorable court forever dissolved, an- nulled, vacated and discharged, and that your orator may be from the time of granting this his petition, forever absolved and released from all liabilities to the said Lovisa, or on account of and by virtue of the marriage aforesaid, except such alimony, if any, as this honorable court shall allow the said Louisa. And that your orator may have such other and further relief in the premises as the circumstances of this case may require and to your honor shall seem meet ; and your orator will ever pray, etc., etc.
Edward had fourteen witnesses subponed, but Louisa failed to appear or make defense. The divorce was granted. Louisa and her paramour were married on the same day.
April term, 1846 .- Same officers.
R. F. Barnett, foreman of grand jury. Jacob Silvers was in- dieted for larceny ; tried in October, 1846, and acquitted.
October term, 1846 .- Same officers.
Orin Wakefield, foreman of grand jury. Alfred Murphy, indicted for assault ; stood trial and was fined $30.00.
April term, 1847 .- Same officers.
R. F. Barnett, foreman of grand jury. No indictments, nor convictions.
September term, 1847 .- Same officers.
J. K. Scott, foreman of grand jury. No indictments nor con- I vietions.
April term, 1848 -Same officers.
Martin Scott, foreman of grand jury. No indictments nor convictions.
September term, 1848 .- Same officers.
86
HISTORY OF DE WITT COUNTY, ILLINOIS.
J. K. Scott, foreman of grand jury. Daniel Carpenter, in- dicted for larceny.
April term, 1849 .- Ilon. David Davis, judge; Seth Post, prosecuting attorney ; Jonn Warner, clerk.
G. B. Lemon, foreman of grand jury. No indictments nor convictions.
October term, 1849 -Charles Emerson, acting prosecuting attor- nev.
R F. Barnett, foreman of grand jury. George Lutherfield, indicted for assault with deadly weapon ; on plea of guilty, was fined $20.
April term, 1850 .- Seth Post, prosecuting attorney.
Samuel P. Glenn, foreman of grand jury. No indictments nor convictions.
--
October term, 1850 .- Daniel Newcomb, foreman of grand jury. Michael Scott, indicted for larceny.
April term, 1851 .- R. F. Barnett, foreman of grand jury. A. L. Brown, indicted for larceny ; stood trial and was acquitted.
October term, 1851 .-- Dudly Richards, foreman of grand jury. Liquor cases seem to have revived. There were six indictments found, and six convictions had. The fine in cach case was $25. John Scott was indicted for assault with a knife.
April term, 1852 .- R. F. Barnett, foreman of grand jury. William Jackson and Hamilton Giddis were indicted for larceny ; tried and aquitted.
October term, 1852 .- R. F. Barnett, foreman of grand jury. No indictments nor convictions.
May term, 1853 .- R. F. Barnett, foreman of grand jury. John Cole, Jr., G. W. Walters, John Lash, Jr., and Sr., Benj. Batson and Wm. Williamson were indicted for riot; tried, convicted and fined from $10 to $25 each.
A Murder Case .- That of Moses Loe, was tried at this term, and ended in the conviction of one Moses Low, who had been in- dicted by the grand jury of Sangamon county in September, A. D. 1852, and whose case was taken by venue to De Witt county. Loe had mortally wounded one James Gray with a kuife-of the value of six eents, as stated in the indictment -- on the 30th of April, 1852. Gray died on the 31st of said month. The trial lasted several days. Williamson Nipper, John C. Buchanan, Almira Jane Nipper, James S Carter, E. D. Meacham, William Rhoa, Benjamin Morris, and Ira Parker, witnesses, testified for the state, and Thomas Blankenship for the defense.
The verdict of the jury was in words and figures as follows : May 18th, 1853.
We, the jury, find the prisoner, Moses " Low," guilty of man- slaughter in the highest degree, and therefore "annex" the penalty accordingly, which is eight years confinement in the penitentiary of Illinois.
Signed : B. W. MONSON, H. W. HICKMAN, JAMES SPRATT, EPHRAIM BURNS, JAMES SWEAR- INGEN, WILLIAM KEAL, WILLIAM SUM- MERS, ALFRED CAIN, G. W. KNEEDLER, JOEL JACKSON, WILLIAM EAST, and F. M. JEFFRY.
FIRST NATURALIZATION OF A FOREIGNER.
Clinton, De Witt county, May, A. D 1853, May Term :
At a circuit court, began and held at the court-house, in the town of Clinton, within and for the county of De Witt, on Mon- day, the 16th day of May, A D. 1853 :
Present : The Hon. DAVID DAVIS, Judge of the 8th Judicial Circuit of the State of Illinois. ROBERT LEWIS, Clerk. WILLIAM BOLIN, Sheriff.
Ex parte JAMES ALSOP.
This day personally appeared in open court James Alsop, and it appearing to the satisfaction of the court that the said James Alsop was born on the 30th day of September, 1807, in the county of Derbyshire, in the kingdom of Great Britain, and that he emigrated to the United States in the year 1848 ; and it being proved to the satisfaction of the court by competent testimony, that the said James Alsop has demeaned himself as a man of good moral character, attached to the principles of the constitu- tion of the United States, and well-disposed to the good order and happiness of the same. It is therefore ordered by the court that the said James Alsop be permitted, in pursuance of the laws of the United States, to take the oath of allegiance, whereupon the said James Alsop took and subscribed the following oath, to wit :
STATE OF ILLINOIS, DE WITT COUNTY. S
I, James Alsop, do solemnly swear, in the presence of Al- mighty God, that I will support the Constitution of the United States. And that I do absolutely and entirely renounce and abjure all allegiance and fidelity to every prince, potentate, state or sovereignty whatever, and more particularly the allegiance and fidelity which I in anywise owe to Victoria, the queen of the said kingdom of Great Britain, whereof I was heretofore a citizen or subject. JAMES ALSOP.
Subscribed and sworn to in open court this 21st day of May, A D. 1853. ROBERT LEWIS, Clerk
It is therefore ordered by the court to be certified to all whom it may concern, that the said James Alsop he and he is hereby entitled to all the rights * and privileges of a native-boru citizen of the United States of America.
The number of foreigners naturalized in this county is very limited, and may here be briefly stated. The county court, as stated above, had granted forty-three certificates of naturaliza- tion. The total number granted by the circuit court is eighty- two, of whom forty-nine were formerly subjects of the Queen of England, eleven of the King of Sweden and Norway, two had been formerly citizens of the Swiss republic, and twenty had been subjects of the various crowned heads of Germany. Wil- liam Klipzig, one of those twenty Teutons, renounced all allegiance to King Frederick William IV. of Prussia in 1873, twelve years after the death of poor insane F. W. IV. +
October term, 1853 -G. B. Lemon, foreman of grand jury.
Grand jury indicted Fred Stinson and Benjamin Sutler for obtaining goods under false pretenses, William Curry for assault with a deadly weapon, Thomas Howard for keeping a disorderly house, fined ten dollars; and William Smith for same, but his case was nol. pros.
* " All the rights" is rather broad. The Hon. David Davis is at pre- Fent enjoying some rights of an American native horn citizen, which James Alsop could not enjoy, the order of the hon. court to the contrary not- withstanding.
+ This king had. in his younger years, been a great admirer of America, His father, F. W. III. had looked with alarm at the increasing emigration of his people to America. The prince, being asked how to prevent a further exodus, replied : " Your majesty should proclaim, through all official or- gans, that America has become Prussian, and not another soul of your majesty's subjects would think of going there,"
87
HISTORY OF DE WITT COUNTY, ILLINOIS.
Muy term, 1854 .- Orin Wakefield, foreman of grand jury.
Indictments returned in fifteen liquor cases, but no convic- tions had.
Herman Brockman was indicted for assault with attempt to kill; Archer Herndon and R. Herndon, for riot ; fined fitty dollars each.
Elizabeth Shirtliff, Catharine Shirtliff, Roena Herndon, Caro- line Sawyer, Catharine Shinkle, Martha Taylor, Caroline Taylor, Emily Lewis and Helen Sawyer were indicted for riotously, unlawfully and with force turning out, wasting and destroying ten gallons of whisky, of the value of five dollars, the property of one George Tanner. The parties were tried by a jury composed of Joseph Howard, Paschal Mills, Hiram Wilson, W Cadberry, Thomas Cougher, -- Mckinney, B. T. Mitchell, Jefferson Ilawser, Robert Wray, John E. Day, Mahlon K. Hall and Jona- than R. Hall; found guilty, and each " riotress " fined two dollars. October and Special November term, 1854 .- William Cantrall and Thomas Gardiner, foremen of grand jury.
Fourteen liquor cases and three gambling cases; James Wil- liams and others were indicted for riot ; tried and acquitted.
May term, 1855 .- Daniel White, foreman of grand jury.
Indictments : Wesley Roberts, rape ; fled the country. Crafton Scott and G. F. Davenport, larceny, were fined ten dollars each, on plea of guilty. Isaac Henderson, malicious mischief, ac- quitted. Twenty whisky cases and six gambling cases, but no convictions or fines.
October term, 1855 .- Robt. F. Barnett, foreman of grand jury.
Indictments : John Walker, larceny ; W. Young and George Young, same; plead guilty and were sentenced to three years in penitentiary. Nine whisky and three gambling cases ; Isaac Wyant, murder.
Isaac Wyant was indicted for murder at the October term, 1855. He obtained a change of venue to McLean county where he was tried and acquitted. The verdict of the coroner's jury is still on file in the circuit clerk's office at Clinton. The writer found it in a sealed envelop, apparently unopened. Its contents are as follows :
" We, the undersigned jurors impanelled and sworn to inquire how, and in what manner, and by whom, or by what, the dead body came to its death, do find upon the examination of said body ; and Christopher Goodbrake, Thomas Edmonson and Ilarry Kidder, witnesses, examined, that the name of the dead man was Ason Rusk, and that he came to his death by four pistol shots, shot by one Isaac Wyant, on the 12th of October, 1855, which caused the immediate death of Ason Rusk.
" This 13th October, 1855. B F. Jones, foreman ; A. Crum, W. H. Cundiff, J. W. Bullock, James W. Haise Thomas Kelly, B. F. Hall, S. T. Fraribus, Allen Nixon, John II. Hendrick, James Proud and W. G. Savage."
The causes leading to this murder may be briefly mentioned. Wyant and Rusk had had a personal rencontre a few months previously, when Rusk shot at Wyant, wounding him severely in the arm, in consequence of which the limb had to be an- putated. Wyant became enraged, and vowed vengeance. He met Rusk on said day in the county clerk's office, at Clinton, and shot him down at sight. The county clerk, J. J. MeGraw, was not in the office at the time of the shooting, but was in bearing distance. He hastened to his office in time to see Wyant rush out, pistol in hand. W. W. Williams, a constable, arrested Wyant before leaving the square. As said above, Wyaut was tried and acquitted in MeLean county, the jury finding him in-
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