USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 92
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There have been a few cases, however, that from the enormity of the offense, or for some other reason, have attracted unusual public attention. Some of these we shall endeavor to notice.
In a preceding chapter the case of the first murderer-Hankins -has been reported. He escaped from the log-cabin jail, at Quincy ; though one might conclude that log-cabin jails would be quite as secure as are the jails now-a-days, built of iron and stone.
Fielding Frame.
The next is the case of him that was hung. The crime was committed in Schuyler connty, in a saloon, at the village of Fred- eric, on the Illinois river. The indictment read: "The People vs. William Fraim," but he gave his name as Fielding Frame; was a deck hand on the steamer " Hero," plying on the Illinois. The indictment was found at the June term, 1838, in Schuyler county, and was tried here on a change of venue. The murdered man was
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HISTORY OF HANCOCK COUNTY.
William Neathaumer. Henry L. Bryant, of Fulton, was prosecut- ing attorney; Ralston, Judge; Dickey, attorney for defense, assisted by Abraham Lincoln. The latter moved an arrest of judgment for several causes, the paper being now on file among the others in the case at Carthage, in Mr. Lincoln's own handwriting.
Frame was found guilty on the 24th, after trial, at the April term, 1839, and sentenced on the 25th by Judge Ralston, to be hanged on Saturday, May 18, between the hours of 12 (noon) and two o'clock in the afternoon, on a gallows to be erected within one mile of Carthage. And it was done; the site selected was in or near the ravine running southeasterly from town, the spectators lining the sides.
The Mormon difficulty trials are reported at length in other chapters.
Joshua Vance.
The next case we report is that of "The People vs. Joshua Vance," for murder ; on change of venue from Adams county ; verdict rendered at the April term, 1849. In a drunken brawl at Lima, Vance had killed a young man named Harness. The verdict read-" The jury find the defendant, Joshua Vance, guilty of feloniously slaying Jackson Harness, in manner and form as charged in the aforesaid indictment, and affix the term of his im- prisonment in the penitentiary at eight years." Sentenced for eight years-one month solitary confinement-the remainder hard labor.
This case is more worthy of mention from the fact that it was so ably prosecuted and defended. Robert I. Blackwell was prosecutor, and he was assisted by Col. Edward D. Baker. The defense ,was conducted by O. H. Browning, assisted, we believe, by Cyrus Walker and Calvin A. Warren. Perhaps no three or four more el- oquent and logical speeches were ever made in that court-house than were made on that occasion.
Alfred Logan.
At a singing-school one night in Sonora township, Alfred Logan stabbed and killed Charles Yates. They were both boys and associates at school ; quarreled abont some trivial matter, and. the result was the death of the latter. At the June term of Court, 1871, Logan was put upon his trial ; prosecuted by Wm. G. Ewing, public prosecutor, assisted by B. F. Scofield and George Edmunds; and defended by Nehemiah Bushnell and R. W. Mckinney. The jury rendered a verdict of guilty, and fixed the punishment at 25 years in the penitentiary. We believe that after several years' ser- vice Logan was reprieved by the Governor.
John Rose.
The next case we shall report is that of the murder of Jesse Rose, of Carthage tp., by his son, John, aged 18, on Oct. 4, 1866. The
979
HISTORY OF HANCOCK COUNTY.
murdered man was what was called a " shiftless" man-not a good provider ; passionate and sometimes abusive to his wife and chil- dren ; and was at times given to liquor. The father and sons seem to have been possessed of a rather low order of intellect, of but lit- tle education and moral sense. The murder was committed in the night, as the father was returning home, with an ax, and the body left lying in the road till morning, where it was found by a younger son: In his confession, the young man said he did it because his father abused his mother; and that seems to have been the only impeiling motive. The young culprit was immediately arrested and placed in jail. On Monday following, the 8th, the Circuit Court being in session, a special grand jury was summoned, who on the same day found a bill against him for murder. He plead guilty, but was assigned counsel (Messrs. John D. Miller and Henry W. Draper) and afterward placed on trial, pleading not guilty. The testimony adduced was that the culprit lacked ordinary sense or knowledge of human responsibility; and therefore counsel agreed to enter the plea of manslaughter. This was done, and the Court sentenced John Rose to the penitentiary for life.
Zach Wilson.
The murder of Thomas McDonald, at Plymouth, by Zachariah T. Wilson, on Aug. 14, 1876, was a peculiarly atrocious one. It was the result of a quarrel between the two, growing out of a grievous wrong done the daughter of the former by Wilson. They had quar- reled a few days before and on this fatal day again met, when the quarrel was renewed. James Wilson, a brother of the murderer, participated, and advised the shooting of McDonald, afterward procuring a double-barreled shot-gun and loading it for the pur pose. The parties separated, and all had become quiet, when Zach took the gun and, passing to the door of Dr. Wade's drug store, on the counter of which McDonald was sitting, snapped a cap at him. McDonald slipped from the counter and drew his pistol. Wilson again fired, killing McDonald instantly. The pistol was discharged almost at the same moment, the ball penetrating the counter. Zach immediately fled, and soon met Newton McDonald, the mur- dered man's brother, at whom he snapped the gun again, struck him with it, and again fled. McDonald pursued, discharging three shots at the fugitive, but without effect.
Zach escaped, and was not afterward heard of until the 15th of October of the same year, when he was delivered to the Carthage jail by a detective who had been on his track. He was arrested near White river, in Arkansas. Arraigned for trial, he obtained a change of venue to McDonough county, and while there escaped, and is still at large.
The brother, James, was taken and brought to Carthage jail. At the March term, 1877, he was tried, convicted and sentenced to the penitentiary for 14 years. He, too, escaped after conviction,
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HISTORY OF HANCOCK COUNTY.
and was at large until May. 1879. when he was arrested near his home, delivered to the Sheriff. and safely deposited at Joliet.
MURDER OF DOCTOR PIERSON.
Edward Ferguson, Marion Hetrick. John Arey and Leroy Working.
But perhaps the most atrocious and most astounding murder ever perpetrated in Hancock county or the State, was that of Dr. Daniel Pierson. of Angusta. on Saturday night, Nov. 22. 1878. Dr. P. was a well-known, honored and respected, quiet and peace- able citizen, and had resided there for many years. in the enjoy- ment of a good practice. and without a known enemy. From the Augusta Herald of the 29th. we obtain the following facts in re- gard to the murder:
Between 9 and 10 o'clock at night a man met him in the street, and represented himself to be a messenger from Mrs. James Garwood. residing two or three miles northwest of the town. saving that she was sick. and desired his attendance at once. The doctor informed his family of the call. and soon after started on his errand of mercy, from which he never returned alive. He was found with his head dreadfully bruised and mangled. Iving in the road. about an hour after leaving home. still living. but unable to utter more than a few incoherent expressions. Near by him lar an iron bar, with which the horrid deed had been done. He was conveyed to a drug-store in town. where he soon breathed his last, no one sus- pecting who the man was till after his death.
This murder produced intense excitement in Augusta and throughout the whole country. No clue could be obtained suffi- cient to turn suspicion upon any one. No known cause existed for the commission of the deed. Thus matters stood for a month. everybody watching everybody else. and ready to fasten upon every word or deed that looked like guilt. It was very generally believed that the man who had been seen riding after the doctor on a gray horse was the one who had committed the deed. But who was the man. and whose was the horse! The fact that such a man and horse had been seen. a little later, going in the same direction the doctor had taken. was certainly a strong point in the case. Another fset was, the doctor's watch was missing.
In the meantime a number of leading citizens had been quietly working together. to penetrate the mystery. For some cause their attention had been drawn toward a colored man named Edward Ferguson. In January. Ferguson had left town and gone to Min- nesota. The suspicion became so strong against him. that it was determined to bring him back. George Tarr was dispatched for that purpose, and in a pawn-broker's shop there found the watch. and soon afterward arrested the negro. and returned with him. On the return, Ferguson made confession, and implicated three other men. Marion Hetrick (one of the men who had first reached the
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HISTORY OF HANCOCK COUNTY.
murdered man and helped convey him to town). John Aver and LeRoy Working. These were at once arrested, the former at home. sad the other two in Iowa. They were immediately remanded to jsil s: Carthage.
At the June term. 1879. Hetrick. Arey and Working obtained s change of renne to Adams county. At the September term they were placed upon trial at Quincy. prosecuted by State's Attorney Mason. assisted by W. H. Manier, of Carthage, and W. H. Gorert. of' Adams. They were defended by H. W. Draper and C. J. Seo- field. of Carthage. The jury acquitted all three.
Ferguson obtained a continuance. March, 1550. he was brought to trial, found guilty and sentenced for 24 years in the peniten- tistr.
These two trials furnish a carions chapter in criminal proceed- ings. Ferguson's testimony was used as against his accomplices. and his confession against himself. In the Istter case it was taken for truth: in the former it was rejected. If true, it certainly was conclusive against himself: bat would only convict him of being an accessory-equally guilty, perhaps, with the others. Yet there could be no sccessory without a principal. He was not proven to bare participated in the setusl killing: then the question is, If Hetrick. Aver and Working didn': kill Daniel Pierson, who did! If the verdict of the Adams jury was a correct one, then it is clear that the murderers of Daniel Pierson are ve: at large. But sup- posing the verdict to have been wrong, it would not excuse s Han- cock jury from the performance of's solemn duty. because sn Adams jury had failed to do theirs.
CHAPTER XXVII.
HANCOCK RAILWAYS.
The county of Hancock contains within its limits one hundred and eleven miles, and three thousand seven hundred and eighty- nine feet of railway line, supplying convenient transportation for most of its citizens. The townships least favored with regard to them are Hancock on the east; Nauvoo, Appanoose and Sonora on the north-west: and Rocky Run, Walker and Wythe on the south- west. Yet there is no township but has some portion of it within five miles of one of these roads. Prairie contains more miles of road than any other-all the roads in the county. excepting the Chicago and Quincy running through it. The Toledo, Peoria & Warsaw. including the Burlington branch. has a length of 47 miles and 3.848 feet within the county, through the townships of Wil- cox, Montebello. Prairie, Rock Creek. Pilot Grove. Fountain Green and La Harpe, and touching Durham. The Wabash has 22 miles and 909 feet from Elvaston through Prairie. Carthage. Harmony and Chili. The C .. B. & Q .. including both lines. has 41 miles and 1.576 feet. from Dallas City through Dallas, Rock Creek. Prairie. Bear Creek and St. Alban's. The bridge road line measures 2.736 feet.
These roads are assessed for taxation purposes at valnations as follows. viz .:
The C .. B. & Q. at $229. 414. and a total-other values included- of $387.780.
The T .. P. & W. at $123.738-total. $169.091.
The T .. P. & W. branch at a total of $13,084.
The T .. W. & W. at 77.603-total. $127.945.
The Bridge road at a total of $1.046.
Making a grand total of $698.896.
It would be nearly or quite as impossible to state what these roads have cost the people of the county, as to estimate their bene- fits. The former has been much more than has generally been supposed: while the latter can be hardly overstated.
To give a brief outline of their history, we must go back to the winter of 1836-" ;. Under the Internal Improvement Act. passed by the crazy Legislature at that session. the State undertook the construction of the Illinois and Michigan Canal, together with s score or so of railroads. One of these. as part and parcel of the rast scheme, was to be the Warsaw & Peoria railroad-119 miles in length. Surveyors were set at work all over the State, running routes and planting stakes, and many of them were put partly under contract and work begun as early as 1838. In that year this W. & P. road was surveyed and sections at both ends put under contract. In a year or two thereafter, when the State became
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KEOKUK AND HAMILTON HAILWAY AND WAGON BIUIDGEC.
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HISTORY OF HANCOCK COUNTY.
bankrupt, it was graded at the Warsaw end and some culverts made as far as Carthage, with intervening portions unfinished.
This looked like being the end of railroad building in Illinois for many years to come. Gradually the work of building them by chartered companies gained ground, and charters were as liberally granted as before had been the legislation to build them at State cost and with State effort.
The necessity for a railroad or other improvement around the rapids was early felt on both sides of the river; and we believe the first charter obtained after the great collapse, for any road in Han- cock, was one granted in 1839 for the Des Moines Rapids railroad Company. Under this books were opened at points along the river for subscriptions to the stock. How much was subscribed we do not know, but not enough to ensure success, and the project was abandoned. A few years afterward, 1847 or thereabouts, the War- saw and Nauvoo project was revived and a charter obtained, or the old one modified ; and subsequently, in 1851, the plan was enlarged so as to include both rapids, and the Warsaw & Rockford railroad company was chartered. About the same time, or later, the Mis- sissippi & Wabash company was chartered. Subsequently it was divided into sections, to be independent of each other, and com- missioners appointed to each; the first section to embrace the line between Warsaw and the Northern Cross railroad. In the mean time, on petition, the County Board had ordered a vote on the question of subscription of $100.000 to each road, which was carried (see Elections Chapter); and in 1859 an act was passed, among other provisions, legalizing this vote and subscription.
But the matter dragged ; and to this day the Warsaw & Rock- ford railroad and the Warsaw & Nauvoo railroad are things of the future, if ever to be realized. The subscription of $100,000 has gone " where the woodbine twinetli;" but the bonds based thereon, like Banquo's ghost, continue to rise up to vex the tax-payers.
The M. & W. was more successful. Other charters were obtained, and repeals and amendments, too numerous to follow. One of these charters was the Springfield, Keokuk & Warsaw; another the Illinois & Southern Iowa, and through and by these, or a combi- nation of them all, the original route was changed in the direction of Springfield.
By the spring of 1858, the work had so far progressed as to begin the laying of ties in April; and that summer construction trains were running upon the prairie, we believe as far as Carthage.
The Peoria route had not been abandoned, and in 1864, that road was built through the county, and subsequently the branch from La Harpe to Burlington added. Following, in 1868-'70, the Quincy & Burlington branch was built, under the auspices of the C., B. & Q. This road (the old road, from Quincy to Gales- burg), had been in progress, we believe, before work had been begun on any of the other routes; and in 1855 the first car was run in Hancock county on that road, through Augusta and Ply- mnouth.
HANCOCK CENSUS 1870-1880.
Townships.
1870-1880.
Augusta.
1992-1894
St. Mary's
1650-1538
Hancock.
926-1130
Fountain Green
1475-1254
La Harpe
1741-1898
Chili . .
1601-1418
Harmony .
1457-1246
Carthage.
2448-2686
Pilot Grove
1217-1229
Durham . .
1019-1098
St. Alban's
1147-1280
Bear Creek.
1117-1189
Prairie.
1380-1229
Rock Creek. 1201-1444
Pontoosuc and Dallas
1949-
Pontoosuc
- 789
-1144 Dallas.
Walker
1474-1612
Wythe .1219-1135
Montebello
2130-1977
Sonora
1485-1399
Appanoose.
1018- 846
Rocky Run
655- 855
Wilcox
475- 588
Warsaw
3583-3105
Nauvoo.
1578-1399
Loss
35,935-35376
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DIGEST OF STATE LAWS.
LAWS.
The courts recognize two kinds of law, Statute and Common. Statute law is that which is enacted by the Legislature. Common law consists of all the law of England,-whether Statute, or Com- mon, which was in force in that country at the time of our inde- pendence, and recognized by our courts, and which has not since been repealed or disused.
We have what is called established law. For this branch of common law there is no authority excepting the decisions of the courts; hence the value of the reported decisions which are pub- lished by official reporters. The law presumes that every body is acquainted with it. Mistakes of fact can be corrected by the courts, but not mistakes of law; no man being permitted to take advantage of a mistake of the law, either to enforce a right, or avoid an obli- gation; for it would be dangerous and unwise to encourage igno- rance of the law, by permitting a party to profit, or to escape, by his ignorance. One is required at his peril to know the law of his own country.
JURISDICTION OF COURTS.
Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages, for injury to real property, or tak- ing, detaining, or injuring personal property; for rent; for all cases to recover damages done to real or personal property, by railroad companies; in actions of replevin; of actions for damages for fraud; in the sale, purchase, or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdic- tion in all cases for violation of the ordinances of cities, towns, or villages. A justice of the peace may orally order an officer or a private person, to arrest any one committing, or attempting to com- mit a criminal offense. He also, upon complaint, can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.
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DIGEST OF STATE LAWS.
COUNTY COURTS
Have jurisdiction in all matters of probate (except in counties having a population of one hundred thousand or over ), settlement of estates of deceased persons, appointment of guardians and con- servators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, guardians, and conservators, for the sale of real estate. In law cases, they have concurrent jurisdiction with Circuit Courts in all cases where jus- tices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000; and in all crim- inal offenses, where the punishment is not imprisonment in the pen- itentiary or deatlı, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.
Circuit Courts have unlimited jurisdiction.
COMMISSIONERS OF HIGHWAYS.
The commissioners of highways in the different towns, have the care and superintendence of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair bridges, and divide their respective towns into as many road districts as they shall think convenient. This is to be done annually, and ten days before the annual town meeting. In addition to the above, it is their duty to erect and keep in repairs at the forks or crossing-place of the most important roads, post and guide-boards, with plain inscriptions, giving directions and dis- tances to the most noted places to which such roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, mus- tard, yellow dock, Indian mallow, and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct public travel; and it is in their discretion to erect watering places for public use, for watering teams at such points as may be deemed advisable. Every able-bodied male inhab- itant, being above the age of twenty-one years, and under fifty, ex- cepting paupers, idiots, lunatics, trustees of schools and school di- rectors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one,
991
DIGEST OF STATE LAWS.
nor more than three days in each year. Three days' notice must be given by the overseer, of the time and place he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying the equivalent in money. Any person liable for work on highways, who has been assessed two days or more, and has not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or substitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faithfully, or hinders others from doing so, forfeits to the town $2. Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neg- lects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, $+ each day: 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, $1.50 each day; 4th, For omitting to furnish a wagon, cart or plow, 75 cents each day. The commis- sioners estimate and assess the highway labor and road tax. The road tax on real and personal property can not exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their lim- its.
The legal voters of townships, in counties under township organ- ization may, by a majority vote, at their annual town meeting, order that the road tax may be collected in money only.
Overseers .- Their duties are to repair and keep in order the high- ways in their districts; to warn persons to work out their road tax at such time and place as they think proper; to collect fines and commutation money, and execute all lawful orders of the commis- sioners of highways; also make list, within sixteen days after their election, of the names of all inhabitants in his road district, liable to work on highways. For refusal to perform any of his duties he is liable to a fine of $10.
992
DIGEST OF STATE LAWS.
As all township and county officers are familiar with their duties, it is here intended only to give the points of law with which the public should be familiar. The manner of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. It is sufficient to state that the first step is by petition, addressed to the commis- sioners, setting out what is prayed for, giving the names of the owners of the lands, if known (if not known, so state), over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freehold- ers residing within three miles of the road, who shall sign the peti- tion. Public roads must not be less than fifty, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid ont not less than forty feet wide. Private roads for private and public use may be laid out three rods wide, on peti- tion of the person directly interested; the damage occasioned there- by shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be con- sidered recinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five years from date of filing order of location, or be deemed vacated.
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