History of Macoupin County, Illinois, Part 14

Author: Brink, McDonough & Co.
Publication date: 1879
Publisher:
Number of Pages: 440

USA > Illinois > Macoupin County > History of Macoupin County, Illinois > Part 14

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"State of Illinois, Macoupin county, s. s .:

"On this day personally appeared before me Ezekiel Good and Seth Hodges, who are personally known to me to be the identical persons who executed thirty acres, as a donation, to Seth Hodges, Theodorus Davis and William Wilcox, county commissioners of said county, and also said county commissioners, all of whom acknowledged the within to be their act and plat to all intents and purposes : Given under my hand and seal this 27th day of August, A. D. 1829. LEWIS SOLOMON, J. P."

"Registered August the 27th, 1829.

"T. P. HOXEY, Recorder."

ASSESSMENT OF PROPERTY.

At the same term an order was made by the court for the assessment of

the county, and the assessor was furnished a classified list of taxable pro- perty.

AMOUNT PAID COMMISSIONERS FOR LOCATING SEAT OF JUSTICE.

" It was ordered by the commissioners of the county court that Joseph Borough be allowed four dollars and fifty cents for three days' services as a commissioner in locating the county seat; also that John Harris and Shad- rack Reddick each be allowed the sum of three dollars for two days' services as commissioners to locate the seat of justice."

LAYING OFF THE TOWN.

To the surveyor, Joseph Borough, for surveying and platting fifty lots in the town of Carlinville, the sum of seventeen dollars and fifty cents was allowed by the court, and the same ordered to be paid.

THE FIRST GRAND JURORS.

" At a county commissioners' court begun and held at the house of John L. Davis, in and for the county of Macoupin, on Monday, the first day of June, 1829.

Present : SETH HODGES, - Commissioners.

WILLIAM WILCOX, THEODORUS DAVIS,

"It is ordered by the court that the following named persons be certified to the sheriff to serve as grand jurors at the first circuit court held in this county, to wit :

" Michael Best, Rodger Snell, John Chapman, Joseph Hilyard, Edward McKendley, John Powel, Isham Dolton, Samuel M. Harris, Daniel Stringer, Daniel Dedrick, Andrew B. Lee, Lewis Solomon, Green Wever, James Bris- tow, John Nivin, John Cummings, Solomon Davis, James Mabrey, Ezekiel Springer, Hugh Gipson, John Love, Andrew Russell and Edmond C. Vancel."

SECOND VENIRE OF GRAND JURORS. APRIL TERM, 1830.

At a term of the Macoupin Circuit Court, begun and held in the town of Carlinville, at the court-house thereof, on the first Friday after the second Monday in the month of April, A. D. 1830. Present the Hon. Samuel D. Lockwood, Associate Justice of the Supreme Court and presiding judge of the first judicial circuit. John Harris, sheriff of Macoupin county aforesaid, returned into court the following venire of grand jurors, to wit :

" Lewis Solomon, foreman, John Nivin, Michael Best, John Cummins, Roger Snell, James Mabrey, John Chapman, Ezekiel Springer, Joseph Hil- yard, George Matthews, Edward McKinley, Andrew Russell, John Powel, Edmond C. Vancel, Samuel M. Harris, Robert Patton, William Norvel, Bennet Nowlin, Andrew Brownlee.

THE FIRST PETIT JURORS.

" Ordered, that the following persons be selected to serve as petit jurors at the next term of the circuit court for the county of Macoupin : Joseph Best, John Snell, Joseph Vincent, William Cormack, Peyton Seamonds, Alexander B. Miller, Howard Findley, James Braden, James Hall, Shadrack Reddick, George Nettles, Richard Smith, John Wright, David Cooper, Reuben Har- ris, Jones Denton, John Blainey, John Record, Russel Taber, James How- ard, Jones Thompson, Isaac Masse, Maxey M. Mabry and Elijah Bristow."

SECOND DEED EXECUTED AFTER ORGANIZATION OF THE COUNTY.

"This indenture made and entered into this 6th day of November, A. D. 1829, between Theodorus Davis, Sen., of the county of Macoupin in the state of Illinois, for and in behalf of said county of the one part, and Rowland Shepherd in the county and state aforesaid of the other part, witnesseth : That the said Theodorus Davis, Sen., commissioner for and in behalf of the county aforesaid, for the sum of eight dollars to him paid in hand, doth hereby acknowledge, have given, granted, bargained, sold, conveyed and confirmed, and by these presents doth give, grant, bargain, release, convey and confirm unto the said Rowland Shepherd and to his heirs and assigns forever a certain lot, piece or parcel of ground situate, lying and being in the town of Carlinville on Main street, and known and designated on the plan of map of said town by lot number seventy-one with the appurtenances. To

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HISTORY OF MACOUPIN COUNTY, ILLINOIS.

have and to hold the afore-named and described lot, piece or parcel of ground seventy-one in the town of Carlinville aforesaid, together with all and singu- lar the appurtenances, privileges, advantages, profits and emoluments belong- ing to it, or in anywise or degree appertaining to the same, to the said Row- land Shepherd, his heirs and assigns forever. And the said Theodorus Davis, Sen., commissioner for and in behalf of said county, doth covenant, promise and agree to and with the said Rowland Shepherd, his heirs, &c., that he the said Theodorus Davis, Sen., commissioner as aforesaid for and in behalf of the county aforesaid, will forever warrant and defend the right and title of said above-named and described lot, piece and parcel of ground to the said Rowland Shepherd and to his heirs and assigns forever, to his sole and only proper use, benefit and behoof, free and clear of and from the claim or claims of all and every person or persons claiming or to claim the same or any part thereof. In testimony whereof he the said Theodorus Davis, Sen., commissioner aforesaid for and in behalf of said county, hereunto sets his hand and seal the date above written interlined before signed.

Attest :

THEODORUS DAVIS, SEN. S SEAL.

JOSEPH BOROUGH, EZEKIEL GOOD.

Below are given as of interest to all some of the first papers on record.

FIRST PAPERS, ETC.

FIRST DIVORCE CASE, AUGUST TERM, 1831.

NANCY SWEET - For Divorce.

18.

HENRY S. SWEET. -

This day came the complainant, by James Semple, her attorney, and the defendant not appearing according to the order of this Court, the complain- ant's bill is taken for confessed, and the Court having heard the evidence on the part of the complainant, and being satisfied that the allegation of two years' absence of the said complainant's bill was true, and the Court being now sufficiently advised of and concerning the premises, do order, adjudge, and decree that the bands of matrimony heretofore existing between the said parties be, and the same are hereby dissolved.

It is further ordered that said complainant pay the costs of this suit.

FIRST NATURALIZATION.

"At the April term of Court, A. D. 1834, Thomas S. Gelder makes his written application to be naturalized, files his declaration, and takes the oath prescribed by law, in open Court, which is ordered to be filed."

As will be observed from the above, Capt. Gelder was the first person to become a naturalized citizen in the county.

FIRST WILL UPON RECORD (1837).

James Breden, executor, placed it on file in 1839:

"I, John Murphy, of the county of Macoupin, in the State of Illinois, do make and publish this my last will and testament in manner and form fol- lowing : that is to say : First. It is my will that my funeral expenses and all my just debts be fully paid. Second. I give, devise and bequeath unto my beloved wife, Sally Murphy, in lieu of her dower, the plantation on which we now live, containing about thirty acres, which is bounded as follows : that is to say, beginning on the north-west corner of the north quarter of section No. twenty-nine, in township eleven, north of range eight, west, running east eighty poles, thence north sixty poles to the beginning, and the north-east quarter of the south-east quarter of section No. thirty, township No. seven, north range eight, west of the third principal meridian, and the south-east quarter of the north-east quarter of section No. thirty, township No. seven, with range No. eight, west of the third principal meridian, containing about forty acres each, during her natural life, and all the live stock, horses, cat- tle, sheep, hogs, by me now owned, or which I may own at the time of my death. And, also, the household furniture and other items not particularly named in this will, during her natural life as aforesaid, she, however, first disposing of a sufficiency thereof to pay my just debts as aforesaid, and at the death of my said wife all the property hereby devised or bequeathed to her aforesaid, or so much thereof as may then remain unexpended, to my grandson, Levi Murphy, and to his heirs and assigns forever. Provided,

however, that if my grandson, Levi Murphy, should die without any heirs, then it is my will that so much of the above named property as is not ex- pended of by the said Levi Murphy at his death to go to my adopted son, Henry Anderson, and to his heirs and assigns forever. And, lastly, I do hereby constitute and appoint my said wife, Sally Murphy, and James Breden, to be the executors of this my last will and testament.

" In testimony whereof I have hereunto set my hand and seal, this twelfth day of August, in the year of our Lord one thousand eight hundred and thirty-seven.

." JOHN MURPHY. SEAL.

"Signed, published and delivered by the above named John Murphy, as and for his last will and testament, in our presence, who, at his request, signed as witnesses to the same.

" ISAAC BREDEN, her

" LOUISA X BREDEN." mark.

FIRST ( AND ONLY ) LEGAL EXECUTION.

Aaron Todd and William Todd were citizens of Indiana. On the 26th day of January, 1840, they were traveling towards Indiana from the west, and in their company was their cousin, Larkin Scott. Near Elm Grove, in this county, Larkin Scott was murdered by the brothers for a small sum of money he had with him-some 826. He was killed by repeated blows from a bludgeon, dealt by Aaron Todd. The corpse of the victim was, a few days thereafter, found upon the prairie, and the officers of the law set themselves to work to discover and apprehend the murderers. James C. Clack, a con- stable of Elm Grove, was especially active in ferreting out the perpetrators of this heinous crime, and the brothers, Todd, were apprehended in Indiana, and brought hither for trial. They were tried and convicted. Wm. Thomas presided on the bench. The defendants being too poor to employ counsel, the court assigned as their attorneys Francis H. Hereford, Josiah Fish, John A. Chestnut and John M. Palmer. The jurors were : Amos Snook, Archel- lis Tungate, Joseph Huddleston, Jeremiah Suiter, Fountain Land, Moses True, Thomas Hughes, Travis Moore, Thos. J. McReynolds, Jacob Kinder, Joseph Phillips and Aquilla P. Pepperdine.

The State's Attorney being absent, the court appointed David A. Smith as attorney for the people during that term of court. The trial began on the 5th of May. The verdict of the jury was that Aaron Todd was guilty of murder in the first degree, and on the 8th Judge Brown sentenced him to be hung on the "2d day of June next, and that on that day, between the hours of twelve o'clock M. and four o'clock P. M., the said Aaron Todd be taken and conveyed to some convenient place within one mile of the court-house in Carlinville, and then and there be hung by the neck until he be dead, for the offence of murder whereof he stands convicted by the jury aforesaid; and the court doth further order that the sheriff, by himself or deputy, exe- cute the order."

The verdict fixed the punishment of Wm. Todd at two years in the peni- tentiary. On the 8th, an arrest of judgment was entered in the case of Wil- liam Todd. He finally came clear.

The news that a man was to be hung on the 2d of June spread far and wide, and when the day arrived that the sentence of the court was to be executed, not less than 8,000 people had gathered in the county seat. The scaffold was erected south of West Main street, below the depot. Major Burke officiated in person. Dr. John Logan, Colonel of the 44th regiment of militia, had five hundred of his men in line for the preservation of order. The execution was witnessed by an immense concourse of people. Todd met his fate bravely, and with resignation. Two weeks before, he made a pro- fession of religion, and died'in the hope of a better life.

He was buried on the west side of the burying ground, at some distance from the other graves. Some days after his remains were interred, they were exhumed, and his head and one arm were severed from the body, and taken away.

FIRST TAVERN.

At the County Commissioners' Court held at Carlinville March 1st, 1830: "On motion of Wm. S. Holton he is allowed to keep a tavern at his own house in the county of Macoupin, for the term of one year from this date, he having executed bond with Tristram P. Hoxey, as required by law, in the sum of one hundred dollars, and the said William S. Holton having also

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paid a tax, one dollar and fifty cents, being the amount of tax assessed on said stand by the court.

It is considered by the court that the following be tavern rates for the year 1830, viz. :--

Breakfast, dinner or supper for one person, . 25

Horse for single feed, 12}

Horse per night or day, .25

Lodging per night for one person, 6}

Whiskey per half pint, 12}

Rum, Wine, or French Brandy per half pint, 25

Cider or Beer per quart, . . 12}

And the several tavern-keepers are authorized to receive the aforegoing rates and no more.

COPY OF FIRST TAVERN BOND.

Know all men by these presents that we, William S. Holton and T. P. Hoxey, are held and firmly bound unto Ninian Edwards, Governor of the State of Illinois, and to his successor in office, in the penal sum of one hundred dollars, lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, we, and each of us, bind ourselves and heirs, executors and administrators jointly, severally and firmly, by these presents. Sealed with our seals, and dated this first day of March, A. D., 1830.

The conditions of the above obligations are such that whereas the above bound William P. Holton hath obtained license and permission from the county commissioners' court of the county of Macoupin, State of Illinois, to keep a tavern or inn, at his own house in the county aforesaid, for the term of one year, from this date: Now if the said William S. Holton shall at all times be of good behaviour, and observe all the laws and ordinances, which are or shall be made, or be in force relating to innkeepers or tavern- keepers within the state, and further that he will at all times keep meat and lodging for at least four persons, over and above his common family, and stabling and provender for their horses. Then this obligation to be void, else to remain in full force and effect.

Attext

T. P. HOXEY.

W. S. HOLTON, T. P. HOXEY.

SEAL

ROADS.

The value of good roads to a nation and country can hardly be over- estimated. They are evidences of a high civilization. Savages make no roads and build no bridges, and it is only at the bidding of civilized man that the beautiful arch springs across the stream. A great people are road- builders, and Rome retained sway over her conquered and remote provinces by means of the magnificent highways that radiated from her gates.

When the first settlers came, it is not necessary to say, that no roads existed. The wily Indian pursued his journey along the trail that had first been marked over the waste by the footsteps of the buffalo.

Since that distant day much has been done to provide roads along which products travel to the place of shipment, but the condition of our roads, even now, is far from being satisfactory. Business languishes during a por- tion of the year, owing to the execrable state of the roads. Let the roads be improved and our farm interests-the really important ones of a nation or community-will grow apace. Our soil is so deep and the surface so level, and the consequent difficulty of making good roads so great, that the people seem to think they are not possible unless macadamized. But this is not true. What is wanted is an improved system of road supervision and drainage. The following extract from the records shows that the importance of good roads was appreciated by the early settlers.

At a special meeting of the commissioners' court held at the house of Ezekiel Good in August 1829, sundry voters petitioned that a road should be laid out from Carlinville towards Jacksonville, as far as the county extended ; at the same time other voters petitioned a road should be made from Carlinville towards Carrolton. Both petitions, it will appear, were suc- cessful, from the following :

"At a commissioners' court, begun and held at the house of Ezekiel Good, in and for the county of Macoupin, on Monday, the seventh day of Decem- ber, A.D. 1829.

Present Theodorus Davis, Sr., and William Wilcox, Commissioners. The viewers appointed by the last term of this court to view and lay out

a road from Carlinville (as far as this county extends) in a direction to Jacksonville on the nearest and best rout, made return of their proceedings, to wit. That said road as viewed by them, begins at the north end of Broad street, thence in a north-western direction through the head timbers of Hurricane creek, thence to the north fork of Macoupin, and crossing the same near Reuben Clevenger's farm, thence pretty much in the same direction to Lewis Solomon's farm, running on the north-east side of the same, and thence to the rock ford on Apple creek in Morgan county, which said report is approved and accepted by the court, and said road is ordered to be opened and kept in repair, and when opened to be a public highway and subject to all the laws and regulations of other highways."

"The viewers appointed by the last term of this court to view and lay out a road from Carlinville to this county line, to pass by Bear Creek Point, thence to Daniel Dedrick's house, thence north of Norris Hayes's in a direc- tion to Carrolton, made return of their proceeding, to wit: that said road after being viewed by them, was deemed necessary and proper, and that the same begins at the west end of Main street, and is designated by staking the prairies and blazing the timbered land through which it passes agreeably to the order of said court, which said report is approved and accepted by the court and said road ordered to be opened, to be a public highway and subject to all the laws and regulations of other highways.

Viewers for the Jacksonville Road. Joseph Borough, John Love, and Russel Taver. $8.37} cost of survey.

Viewers for the Carrolton Road.

Samuel Lear, Ezekiel Good, and Daniel Dedrick. $6.75} cost of survey.

COUNTY BUILDINGS. THE FIRST COURT-HOUSE.

As yet the county was without public buildings ; the sessions of the court having been held at private houses.

" At a County Commissioners' Court begun and held at the house of Eze- kiel Good, in and for the county of Macoupin, on Monday, the seventh day of September, A. D. 1829."

Present : THEODORUS DAVIS, Sen'r, - Commissioners.

SETH HODGES,

" It is ordered by the Court that the building of a Court-house for said county of the following description, viz. : to be built of hewn logs, 18 feet by 24. The logs to face one foot on an average; the house to be two stories high. The lower story to be eight feet between floors and the second story to be six feet below the roof; to have one door below, with one window be- low and one above; door to be cased and to have a good strong plank shutter ; the windows to contain twelve lights or panes of glass, eight by ten; two good plank floors, to be jointed and laid down rough ; roof to be double covered with boards; weight poles to be shaven ; cracks to be lined on the inside with shaven boards and crammed on the outside with mud and straw or grass, well mixed together ; all to be completed in a strong manner by the first Friday after the second Monday in April next, will be let on a credit of six, twelve, and eighteen months, to the lowest bid- der on the 19th inst; the undertaker to give bond with approved security for the performance of his contract, and that the clerk of this Court adver- tise the same."

Seth Hodges received the contract for the building of the Court-house, and filed the necessary bond required by the commissioners. The building was duly completed according to contract, and the commissioners held their first court in the new Court-house on the 17th day of July, 1830.

The court-house was accepted by the commissioners, and at the September term, 1830, Seth Hodges was allowed the sum of forty-eight dollars and thirty-three and one-third cents, ($48.33}) and at a subsequent term of the Court he was allowed fifty-seven dollars, thirty-three and a third cents ($57 .- 333). Among the items included in the building and furnishing the court- house were benches and bar 823, which furnishes an interesting comparison with the furniture of the court-room and judges' chair of the present magnifi- cent structure.

The commissioners on the 25th of March, 1835, appointed James C. An- derson, Isaac Greathouse, Steth M. Otwell, John R. Lewis, John Wilson, agents for the county of Macoupin, to borrow a sum of money not under five nor exceeding seven thousand dollars, at a rate of interest not exceeding eight per cent. per annum, for a term of years not under six nor over ten-

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HISTORY OF MACOUPIN COUNTY, ILLINOIS.

to be applied to the erection of Brick Court-house. The Commissioners approve the bond June 1st, 1835.

SECOND-COURT HOUSE. SPECIAL TERM OF COURT 1836.

The Court adopted the following as the plan of a court-house in the town of Carlinville and county of Macoupin : The square of the house fifty feet ; wall to be of stone, four feet, two feet under ground, of rough stone, and the other of two feet hewn stone, all to be laid with good lime mortar, two feet six inches thick ; the balance of good hard burnt stock brick, laid with good lime mortar, in workmanlike manner, two and a half bricks thick first story, and two the second, each story to be fourteen feet in the clear; the lower floor to be even with the top of the stone wall, to have four posts with a door, and two windows in the lower story and three windows in each front in the up- per story, each window to be 24 light 10x14, and the door to be made in accordance with a plan given by Doctor J. R. Lewis; the first door in the east to be made permanent and the judge's seat to be placed against the same. The lower part to be divided into a court-room and lobby, separated by a banister four feet high, passing through the house from north to south, parallel or nearly so with the near side of north and south doors, to the judge's seat, two flights of stairs running from the court-room over each door to the center space of upper story, and to be one chimney.

December term, 1836. It is ordered by the Court that Harbird Weather- ford and Jefferson Weatherford, two of the undertakers to build the Court- house for this county be allowed the sum of fifteen hundred dollars to be due and payable on the 1st of March, 1839, and if not punctually paid when due to draw interest at the rate of eight per centum per annum from the time the same becomes due and payable until paid.

June term, 1837. It is ordered by the Court that in the plan of the Court- house in this county that the stone-caps be dispensed with and that brick arches be turned, and also that the sills for the windows of stone be dispensed with and walnut sills be received in their place, and also that one hundred and seventy-five dollars be deducted from the price of building said house Two of the undertakers of the house being present and giving their consent to this order by J. Greathouse and J. Weatherford.

March, 1840. The Court-house officially received. $550 deducted from payment thereof for defalcations in completion of the work.

1838. A fence costing two hundred and thirty dollars, built round the Court-house to each corner, and each chimney to have two fire-places, one above and one below, the upper part to be laid off with a passage in the cen- tre, corresponding with the centre windows, ten feet wide; the east side of said passage to be entry room and the west to be laid off in three rooms of equal size. The roof and cupola to be built in accordance with the said plan of Doctor J. R. Lewis ; the cupola to be supported by four large pillars from the basement floor up, the bottoms to be placed on stone pillars. The sills and caps of doors and windows to be of hewn stone, and the Court appoints Doctor J. R. Lewis, James C. Anderson and Thos. Carr as commissioners to let out the said building to the lowest bidder, payable out of the county in the following payments : two thousand dollars payable the 1st of March, 1839; four thousand payable 1st of March, 1840, four thou- sand payable 1st of March, 1841, and the balance provided the amount does not exceed the sum of two thousand dollars, payable the 1st of March, 1842. County orders to be issued to the order of said Commissioners, and said or- ders to bear eight per cent. interest per annum, from the time due until paid, if not punctually paid, and said Court-house to be built in the centre of the public square, of the said town of Carlinville, and the same to be finished according to the said plan, against the first of January, 1838. Ordered pub- lication of said building be published in the Alton Telegraph four weeks.

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History of Macoupin County, Illinois, Part 14

Author: Brink, McDonough & Co. Publication date: 1879 Publisher: Number of Pages: 440

Author: Brink, McDonough & Co.
Publication date: 1879
Publisher:
Number of Pages: 440