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 24
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Manslaughter .- One of the four parties indicted-Frank Eu- thorpe-was convicted, and sent to the penitentiary for thirteen years. Of those thirty-seven cases against life or lintb, this one seems to be the only one where the criminal could be reached.
Crimes against property were punished with more severity ; sixty-six parties were convicted of grand larceny, and their pun- ishment aggregated to one hundred and fifteen years and three months in the penitentiary ; in sixteen cases of forgery, there were four convictions, punished by four years in the penitentiary ; there were five convictions for horse-stealing, punished by peniten- tiary sentences of from one to nine years, aggregating eighteen years.
Two of nine charges of arson were sustained, and parties pun- isbed by one year in the penitentiary each.
Of the thirty-seven crimes against public morals, only one case could be made out, and it on a plea of guilty, viz: a case of rape, sentence, three years in the reform school.
Minor offences, six hundred and seventy in number, were punished by fines, at the rate of about one out of every five.
ADDENDUM. ROSTER OF COUNTY OFFICERS.
Probate and County Judges .- Fleming G Paine, 1839 to 1844 ; Daniel Newcomb, 1844 to 1846; J. HI. Martin, from 1846 to 1849; Daniel Robbins, 1849 to 1857; W. H. Lafferty, 1857 to 1861; Addison A Eads, 1961 to 1865; Samuel Graham, 1865 to 1869: Jonathan R. Ifall, 1869 to 1873; Robert Walker, 1873 to 1877 ; John J. McGraw, 1877 to April 12, 1881, when he resigned; G K. Ingham, since 1881, having been appointed by the governor to fill said vaeaney.
County Commissioners .- John Maxwell, May 15, 1839, to Sept. 1, 1839; James Vandeventer, 1839 to 1846 ; John Hughes, 1839 to 1841; Russell Post, 1839 to 1842; Franklin Barnett,
1811 to 1847 ; Timothy B. IL bblett, 1842 to 1845; Joha Mix- well, 1845 to 1849; W. J. Wright, 1847 to 1849, and Win. Cottingham, 1846 to 1849.
Associate Justices,-Win Danner, 1849 to 1853 (died in office on the 13th of July, 1851; W. Y. McCord, filled balance of term ; John Maxwell. 1849 to 1853 ; Samuel Graham, 1853 t, 1853; C. C. Watson, 1853 to 1857 ; tremoved from the county in 1854: G. B. Lemou filled vacancy ; Samuel E. Clay, 1857; (Jeft connty in 1858, vacancy filled by J. J. Woodward .
County Recorders .- William Lowry, 18:39 to 1941 ; R. H Pool, 1841 to 1843; Z-no HL. Blount, 1843 to 1847 ; Absolom Hamil- ton, 1847t o 1848, when elerks of circuit courts became recorders by virtue of their office.
County Assessors. - John Swearingen, W. H. Lafferty and Daniel Dragstrem, in 1839; F. S. Robbins, Charles Maltby and Zebulon Cantrall, in 1840: Darius Hall, in 1841 ; W. H. Lafferty, in 1842; Absol. Hamilton, in 1843 The county treasurers were ex-officio assessors from 1844 to 1859; since 1859 the assessment is entrusted to township officers.
County Collectors .- W. H. Lafferty, in 1839 and 1840 ; E. W. Fears, in 1541, William Mitchell, in 1842, and E. W Fears, in 1843. The county sheriff's were made ex officio collectors of revenue in 1844, and continued such until 1859, when under the system of township government, the treasurer was also collector by virtue of his office.
('ircuit ("erks .- K. H. Fell, appointel by Judge Logan, in 1839 to 1841; Daniel Neweomh, appointed in 1841 to 1848 John Warner, elected 1848 to 1852; Robert Lewis, 1852 to 1×60; Joseph J. Kelly, 1860 to 1865; W. L. Chambers, 1865 to 1872: W. H. Harrison, 1872 to 1880, resigned Feb. 7, 1880 ; James DeLand appointed to fill vacancy ; J. T. Carle. since 1880. County Clerkx .- John J. MeGraw, 1839 to 1857; James E. Stansbury, 1857 to 1862, died three months after entering upon his second term, was succeeded by James Lisenby, 1862 to 1869 ; W. W. Graham, 1869 to 1873; Augu-tus V. Lisenby, since 1877.
Sheriffs .- E. W. Fears, 1839 to 1844; William Mitchell, 1844 to 1848, (died before expiration of his second term by suicide ) ; William Bolin, 1848 to 1850; Ezekiel Lane, 1850 to 1852; Willian Bolin, 1852 to 1854; William Fuller, 1854 to 1856; H. H. Merryman, 1856 to 1858; Decatur Pool, 1858 to 1860; Barzilla Campbell, 1860 to 1882; James A. Lafferty, 1862 to 1864; Alonzo D. MeHenry, 1864 to 1866; W. C. MeMurray, 1866 to 1868; Thomas Gardiner, jr., 1870 to 1874; Lyman Bar- nett, 1874 to 1876, and Amos Weedman, since 1876.
Treasurers. - Jesse C. MePherson, 1839; J. J. MeGraw, pro tem , 1840; Peter D. Spain, 1840; Charles Maltby, 1841 ; Robert II. Pool, 1842; William Mitehell, 1843 and 1844; William Bolin, 1845 to 1847 ; Henry Cundiff, 1847 to 1849; Andrew J. Hammitt, 1849 to 1851; W. T. Springer, 1851 to 1853 ; W N. Meservay, 1853 to 1855; James E. Stansbury, 1555 to 1857; G. M. Lutterell, 1857 to 1850; James Lisenby, 1859 to 1861 ; B. T. Jones, 1861 to 1863; Edward Porter, 1863 to 1867; Thomas Kelly, 1867 to 1871; Lorenzo D. Hovey, 1871 to 1873; W. Gambrel, 1873 to 1877; James A. Wilson, 1877 to date.
School Superintendents .- John J. MeGraw, from 1839 to 1855 ; Lawrence We'den, 1855 to 1859; Joseph Kelly, 1859 to 1861 ; Jacob S Hand, from 1863 to 1867 ; S. K. Carter, from 1867 to 1869 ; F. M. Vanlue, from 1869 to 1873, and Mary S. Welch, from 1873 to date.
County Surveyors .- Alexander L. Barnett, 1839 to 1859; Oliver Lakin, 1859 to 1861 ; John S. Brown, 1861 to 1863 ; Oli- ver Lakin, 1863 to 1865; David Richardson, 1865 to 1869 ; J.
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HISTORY OF DE WITT COUNTY, ILLINOIS.
S. Brown, 1869 to 1875; David Richardson, 1875 to 1879, and Alexander L. Barnett since 1879.
Coroners. - Henry A. Hall, 1839 to 1844; John M. Richter, 1844 to 1852; B. F. Hall, 1852 to 1858; Josiah McFarland, 1858 to 1860: William Ilull, 1860 to 1862; J. M. Green, 1862 to 1864 ; John G. Morlan, 1864 to 1868; W. W Hickman, 1868 to 1870; P. T. Sweeny, 1870; William Heffernan, 1871 to 1874; Ezekiel Thomas, 1874 to 1876; Darius Hall, 1876 to 1880, and Lafayette Ely, since 1550.
State's _Attorneys .- David B. Campbell, 1839 to 1849; Seth Post, Charles Emerson, W. H. Lamont, to 1858; A. Hogg, to 1860; W. H. Young, 1860 to 1862; Henry S. Green, 1862 to 1866; Thomas F. Tipton, R. M. Benjamin, to 1868; J. H. Rowell, 1868 to 1872; S. K. Carter, 1872 to 1876; W. R. Kelly, 1876 to 1879 ; Edgar S. Vanmeter to fill vacancy, 1879 to 1880, and W. H. Booth since 1880.
Musters in Chancery .- John J. McGraw, 1839 to 1865; Michael Donahue, 1865 to 1872, and G. B. Graham since 187 !.
CHAPTER X.
THE BENCH AND BAR.
HE lawyer in all civilized nations has oc- cupied a position of prominence and distine- tion. The legal profession is the one in wbich men of the keenest mind aud most aggressive intelleet have naturally found a place. It will be found that this important and influential class of men has not been deficient in patriotism and love of liberty.
Especially under the influence of the con- mon law of England, the principles of which spring from the great body of the people, the profession of law has produced men who have been foremost in advocating the liberties of the masses, and in maintaining popular rights against the encroach- ments and aggressions of tyranny. The liberty-breathing spirit of the old common law nurtured in uo small degree the sturdy notions of independence which have ever characterized the Eng- lish race, while the sacred right of trial by jury, and the writ of Habeas Corpus have always been regarded as the strongest bul- warks of popular freedom. To this heritage, bequeathed by our English ancestors, the American lawyer has been faith ul. His voice was the first to lift itself in opposition to eneroachments on the rights of the inhabitants of the thirteen colonies. It was a lawyer who formulated the principles of the Declaration of Independence, and iu the subsequent history of our country, the great part of the legal profession has been composed of men who for intelligence and patriotism have stood in the foremost rank.
In Illinois, among the early pioneers, were men of mark in the profession, of high personal character aud broad attainments, who instead of confining themselves to the old centres of wealth and population, where it might he thought their labor would reap the richest rewards, and their talents secure the highest emoluments, pushed to the frontier with the first wave of advanc- ing population. Their services were of inestimable value in placing on a broad and firm basis, the foundations of the common- wealth. Their voice has since beeu potent in directing public
opinion, and shaping the broad and liberal policy with which in general the state has treated public questions. And the two names which are most conspicuously and honorably connected with the history of the state, are those of two lawyers, who won their first triumphs at the bar of Illinois, and there fitted them- selves for a wider arena in which they achieved a reputation more than national ; Stephen A. Douglas aud Abraham Lincoln.
THE BENCH.
Some of the brightest array of talent in the state have presided at the courts in De Witt county since its organization in 1839. When first organized it formed part of the eighth circuit, which comprised the following counties : Ta zewell, Livingstone, McLean, Piatt, Champaign, Vermillion, Edgar, Coles, Moultrie, Christian, Macon, Sangamon, Logan, and De Witt.
STEPHEN T. LOGAN was commissioned Circuit Judge February 29th, 1839. His rapidly increasing, and extensive practice at that time, however, induced him to resign, and Samuel H. Treat succeeded him, May 27th, 1839, and was again elected and re- commissioned January 30th, 1840 and continued to preside until the adoption of the new constitution in 1848. His successor being David Davis, who received his commission December 4th, 1848; recommissioned June 25th, 1855, and was again elected July 1st, 1861, and was then appointed by President Lincoln one of the judges of the Supreme Court of the United States. He was followed by John M. Scott, December 20, 1862 who was re-elected June 27th, 1867, and presided uotil 1870. Thomas F. Tipton was elected Judge, August 18th, 1870, and held the position until 1873. " Under the constitution of 1870, the General Assembly, by act of March 28th, 1873 divided the state into twenty-six judicial circuits, ( Ds Witt county forming part of the seventeenthi ), in each of which one judge of the circuit court was elected for the term of six years. Lyman Lacy, of Havana, was elected circuit judge June 10th, 1873. In 1877, the legis- lature passed a law establishing an appellate court, and provid- ing for the election of three judges for each eircuit. The judges thus elected, officiating in this county, were respectively Lyman Lacy, C. Eppler, and A. G. Burr-who fill that position at the present time. O. L. Davis officiated as judge pro tem. in 1861, and C. Emmerson in 1864. A brief sketch of the before-men- tioned representatives of the bench we append as follows :
STEPHEN T. LOGAN possessed a brilliant intellect, and won for himself a high reputation, both in law and politics. His career as circuit judge commenced in 1835, when he was elected judge of the first judicial district. He was subsequently elected judge of the eighth circuit, which position he resigned as above stated, in 1839. His death occurred a few months ago, at his home in Springfield. He was oue of the ablest lawyers that Illinois ever produced.
SAMUEL H. TREAT, a distinguished jurist, and an eminent man, possessing great legal talent, and exercising strict impar- tiality iu his official duties, presided for a time over the courts of De Witt county. He is now one of the United States district judges, located at Springfield. And by his erudition, and purity of character, has won for himself a proud and enviable fame.
DAVID DAVIS, of Bloomington (now United States Senator). The career of judge Davis is familiar to all, and honorable to himself and his state and therefore will receive but brief mention here. In all public trusts, as Judge of Circuit, as one of justices of the Supreme Court of the United States, as U. S. Senator from Illinois, he has proved himself worthy and efficient. He is one of the few men who are able to rise equal to all emergencies,-
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HISTORY OF DE WITT COUNTY, ILLINOIS.
one of the strongest elements which has contributed to his fame is his sterling integrity, and purity of character.
JOHN M. SCOTT-one of the Supreme judges of Illinois, was born in St. Clair county, near Belleville, August 1-t, 1823. He is of Scotch-Irish extraction. His immediate ancestry, however, were born in Virginia ; prior to the organization of the state his parents emigrated to Illinois. His rudimentary education was acquired in the common schools, and subsequently under private tnition he acquired a knowledge of Latin, and great proficiency in the higher branches of mathematics; he taught school for a short period, and then began the study of law in the office of Kinney & Bissell. After his admission to the bar in 1848, he removed to McLean county, and began active practice. In politics, in his early boyhood, he was an ardent Whig, and on the formation of the Republican party, he became an active member of the new organization, and has since adhered to its principles. Upon the appointment of Judge David Davis to the Supreme Court of the United States, in 1862, he became a can- didate, and was elected judge of the circuit, and presided until 1870. When on the adoption of the new constitution, he became a candidate, and was elected one of the judges of the Saprete Court of the state. For several years he presided as (Chief Justice. He is the first native who has been honored with the distinction of a seat on the Supreme bench of Illinois. He is a sound and able jurist, and bas shed additional lustre upon the jurisprudence of his native state.
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THOMAS F. TIPTON-was born in Ohio, of English parentage, in the year 1833. His father, who was a farmer, moved to McLean county in 1844, and died within a year. Owing to the death of his father, and the necessity of his aiding in the maintenance of the family, therefore the educational facilities of Judge Tipton in his boyhood, were limited to the common schools, and a short period at an academy at Knoxville. While at Kuoxville, he read law,-was admitted to the bar, and in 1854 began practice at Lexington, Illinois ; and in January, 1862, removed to Bloom- ington, and in the summer of 1870, was elected ('ircuit Judge of the district, in which De Witt county forms a part. As a circnit judge he became noted for the rapid dispatch of business, and the soundness of his rulings.
LYMAN LACY was a native of Tompkins Connty, New York, in 1836; he then a mere child removed with his parents to Michi- gan, and the next year they settled in Fulton County, Illinois. His elementary education was acquired in the common schools. He subsequently became a student at Illinois College, Jackson- ville, graduating therefrom in 1855. The same year began the study of Law, in the office of Hon L. W. Ross, of Lewiston, Illinois, and the next year was admitted to the bar, and inme- diately thereafter located in the practice of his profession at Havana, Mason County. In politics he is a Democrat, and in 1862 was elected a member of the legislature, representing the Counties of Mason and Menard. In June, 1873, he was elected Judge of the seventeenth circuit. As a jurist he has won golden opinions, his decisions are clear, forcible, and concise, and exhibit a thorough and sound knowledge of the law.
We have been unable to obtain data bearing on the history of the other able jurists who hold court in this eounty. Judge Cyrus Eppler, of Jacksonville, and Judge A G. Burr, of Car- rollton, however, are regarded by their contemporaries as men well learned in the law.
Prosecuting Attorneys : David B. Campbell from 1839 to 1849 ; Joel S. Post, C. Emmerson, Ward H. Lamont, 1858; W. H. Young, 1860; H. Hogg, H. S. Green, 1864 to 1867, resigned and
term completed by Thos. F. Tipton, R. M. Benjamin, J. H. Rowell, 1868 to 1872; S. K. Carter, 1872 to 1876; W R Kelly, 1876 to 1879; Edgar Van Meter, 1879, to complete term; W. HI. Booth, 1880, and is now the prosecuting attorney for the county.
County and Probate Courts .- The Court having jurisdiction of probate matters and wills, was originally known as the Probate Court, and presided over by a justice of the peace under the con- stitution of 1848 ; this was superseded by the County Court, over which presides a County Judge, having a clerk and seal, and being a court of record. The following Connty Judges have held office in De Witt County : Daniel Robbins, 1849 to 1857 ; W. H. Lafferty, to 1861; A. A. Ea Is, to 1865; Samuel Graham, to 1869 ; Jonathan R Hall, to 1873; Robert Walker, to 1877; J. J. McGraw, to 1881. Judg- McGraw resigned in the early part of the present year, and was succeeded by G K. Ingham, (ap- pointed by the Governor), who is the present incumbent. .
FORMER RESIDENT LAWYERS.
E. II. PALMER, was born in Madison County, Ohio, attended the common schools there, afterwards the Granville College, finally graduating at Wittenberg College, Ohio. Mr. Palmer being desirous of making money to effect a good start in the world went south, where higher salaries were paid for services in those days than in the north He undertook the charge of a College in the State of Mississippi; in the meantime he studied the languages, also read law, and was admitted to the bar in Mississippi. Judge L. Weldon being an old schoolmate, induced him to come to Illinois. He settled in Springfield in 1855, and commenced the practice of his profession. He removed to C in- ton in 1556. The first night of his arrival in Clinton, at the hotel he met Abraham Lincoln, Leonard Swett, David Davis and others. The host being pressed for room, suggested to his guests the necessity of making each bed hold two persons. Mr. Lincoln arose to his full height, and looking calmly down at Mr. Palmer said, I will take the young stranger under my wing ; from that time the two were always staunch friends, and Mr. Palmer was always fond of telling the story of his introduction to Lin- coln. Mr. Palmer was a well-educated man, a good linguist, and a man of experience and ability.
Among his professional brethren he was known as a skillful and cautious lawyer, and the carefulness and promptness with which he devoted his attention to legal business entrusted to him, secured him a large and remunerative practice. He died on the 20th of March, 1579. Ilis eldest son, Frauk, has recently been admitted to the har.
HENRY S. GREEN, also an excellent lawyer, is now a resident of Springfield, Ilinois ; L. Weldon, of Bloomington ; Samuel Ashton ; S. F. Lewis, still a resident here, but not in practice ; E O. Hill, J. B. McK nley, H. C. Wisner W. L. Chambers, J. Ogle, Jos. Kelly, W. R. Kelly, Mr. Ferguson, J. R. Blackford, A. Hayne, Reinhart, Bayliss and J. W. Fell, also practiced the profession of law in De Witt county.
PRESENT MEMBERS OF THE BAR
C. H. MOORE, the oldest resident practitioner at the De Witt county bar, was boro in Ohio. Leaving that state, he located in Pekin, Illinois, removing here, in 1841. He had obtained a fair education in the Painesville Academy and Western Reserve Teachers' Semin ary, whose sessions were held in the old Mormon Temple, at Kirtland. His early manhood was passed in the school room, as teacher and pupil-teaching to enable him to
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HISTORY OF DE WITT COUNTY, ILLINOIS.
defray his expenses as pupil. In Pekin he entered the law office of Bailey & Wilmot, and in July, 1841, was admitted to prac- tice, having passed an examination in Springfield. August found him penniless, but full of energy and hope, in the village of Clinton. His proudest dream was to become as indepen- dent in life as an unele, worth perhaps ten or fifteen thousand dollars. To work he went, and abundance has crowned bis ardnous labors with success. His energy knows no flagging ; his zeal on behalf of his elients has no abatement; his keen foresight into future valnes, and firm faith in the destiny of Illi- nois, has been rewarded. As a lawyer, he is painstaking. judi- cious and skillful. He is recognized wherever known as being well-read in the law, of pleasing address and urbane manners. He has hosts of friends.
WILLIAM FULLER is a native of Pennsylvania; he came to De Witt county in 1848, engaged in teaching. and while prose- cuting this work read Black-tone, Chitty's Pleadings, and pon- dered over the Illinois Form Book, and the General Statutes of the State, and acquired a somewhat Incrative practice in justices courts long before his admission to the bar -in fact, a larger one than that of any attorney in the county. When he applied for admission to the bar in 1867, the first question asked him was with whom he had studied law. The reply was prompt : " With William Fuller sir." A close examination proved his fitness, and he was admitted. He has acquired an extensive criminal practice, and enjoys the reputation of having always cleared his man. No client of his has suffered death by hanging, nor been im- prisoned, although he has defended several charged with murder. As a speaker he is earnest and effective ; his power is not that of persuasive speech, but of a thorough understanding and judicious application of the law.
GEORGE B. GRAHAM is an Ohioan by birth ; came to Illinois with his parents in 1852; obtained a fair common-school educa- tion ; commenced the study of law with E H. Palmer in 1865; was admitted to the bar in 1867. In 1868 he formed a co- partnership with William Fuller, with whom he has since re- mained; was appointed master in chancery in June, 1874, a position which he has continually held since. In 1881 he was elected Mayor of the City of Clinton, on the anti-license ticket. He is characterzied by great earnestness of manner, close appli- cation to business, and firmness in his advocacy of what he deems to be the right. He has taken strong grounds in behalf of the cause of Temperance. Possessed of social qualities of a high order, he endears himself to all friends.
MICHAEL DONAHUE was born in New York but came when a lad to Chicago, in which city he obtained his education. He studied law with Moore & Greene, of Clinton, for three years, and was admitted to the bar in 1863; he immediately began the practice of his profession in partnership with J J. Kelly a former resident of Clinton, and afterwards with W. R Kelly. Mr. Dona- hue in 1870 was elected states senator, and was re-elected in 1872.
VESPASIAN WARNER, a native of De Witt county, acquired his first teachings in the schools here, and continued his education at the Lombard University, Galesburg ; began reading law in the winter of 1860, with Moore & Greene, of Clinton : joined the federal army in the late war, in 1861, and after a service of five years, was breveted major. He graduated in the law depart- ment of Harvard University. Cambridge, Mass., and was admitted to the bar in 1867, and the following year commenoed the prac- tice, in partnership with C. H. Moore, of Clinton ; he is a man of education and culture, and an able advocate.
S. K. CARTER, when a boy, came from Ohio, his native state,
to De Witt county ; attended the schools here until the breaking out of the rebellion. He joined the Union forces, and after his return from the war entered the State Normal University ; sub- squently read law with H. S. Green, and became a member of the bar in 1870, and the year following commenced practice in Clinton; was elected states attorney for four years, and city attorney for three years.
P. T. SWEENEY, a native of Ireland, landed in New York in 1848, in which state he received his education ; came to Illinois in 1856, and the following year commenced reading law with Judge Richmond of Lacon. Mr. Sweeney gave his services to the Union in the late war, after which he came to Clinton, where his professional studies were continued with John R. Blackford, a former resident lawyer of this county ; he was ad- mitted to the bar in 1871, and commenced the practice in par- nership with his preceptor.
G K. INGHAM came to De Witt county from Ohio, in 1858, and obtained his early education at the schools here, after which for two years he attended the Wesleyan University, Bloomington, subsequently the University at Ann Arbor, Michigan, where he graduated in the law department, in 1875. He first began the practice of law in Kenney, this county, where he remained until 1879 ; during that time he was elected to the legislature for one term. Since 1879 he has resided in Clinton, and during the present year was appointed county judge, to fill the resignation ot Judge McGraw.
F. M. BURROUGHS has been but a short time in practice, com- mencing in partnership with R. A. Lemon. He is a native of the state of New York, but received his education at Illinois In- dustrial University, Champaign ; came to Clinton in 1873, and began the study of law with R. A. Lemon, with whom he sub- sequently entered into partnership.
G. W. HERRICK, of Farmer City, attended the academies of his native state, Indiana) also the University at Ann Arbor, Michigan, where he graduated in the law department of that in- stitution. He took an active part in the late war, and did valiant service for the cause of the Union, and was promoted captain. He began the practice of law in Farmer City in 1870, and has held the office of city attorney for the last three terms. Mr. Herrick has a large and increasing practice, and possesses an excellent knowledge of his profession.
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