History of Madison County, Illinois With biographical sketches, Part 32

Author: Brink, W.R. & Co
Publication date: 1882
Publisher: Edwardsville, Ill. : W. R. Brink & co.
Number of Pages: 698

USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 32

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The following indictment is the oldest on file in the county.

Illinois Territory, Madison County, Court of Common Pleas, February term, 1813. The Graud Jurors of the U. S. impannelled and sworn to inquire for the body of the county of Madison aforesaid, on their oath.

Present :

That William Bridger of the county aforesaid, and town- ship of Goshen, husbandman, being a person of fierce, cruel, terrible and inhuman and unnatural disposition, and wick- edly having in his heart great rancor, malice and ill-will towards Elizabeth the wife of one Benjamin Carter, on the 30th day of January, 18 3, in the county aforesaid, in and upon the aforesaid Elizabeth Carter, then and there unlaw- fully, wickedly and in a menacing manner did make an as- sault, with an intent to kill, and one gun loaded and charged with gun-powder and a leaden ball towards and against the said Elizabeth, then and there in his wicked rage and in the fury of his mind, he the said William Bridger being then and there about the distance of eighty yards from the said Elizabeth, with the aforesaid gun loaded with gun-powder and leaden ball, did unlawfully and with force and arms shoot said gun at said Elizabeth, with an intention ma- liously and unlawfully to kill and murder the said Eliza- beth, to the terrible and manifest danger of the life of said Elizabeth to the evil example of all others, in like cases of- fending, contrary to the forms of the statute in such cases made and provided, and against the peace and the dignity of the United States. And the Jurors aforesaid, upon their oaths do further present that the said William Bridger, afterwards, to wit. : on the same day, with force and arms, unlawfully an assault on and upon the said Elizabeth, then and there did make and her the said Elizabeth, did heat, wound and illy treat, so that her life was greatly despaired of. and other wrongs then and there to the said E izabeth committed, contrary to the form of the statute in such cases

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HISTORY OF MADISON COUNTY, ILLINOIS.

made and provided, and against the peace and dignity of the United States.

WILL. MEARS, Attorney General.

The defendant was tried before a jury who rendered the following verdict :

We the jury find the defendant guilty of committing an assault on the within named Elizabeth.

THOMAS STEWART, Foreman of the Jury.

1813, June term. Jesse J. Renfro, foreman of the grand jury, who indicted Thomas Jacobs, yeoman, for perjury. The clerk's capias, issued and many times re-issued, was invariably returned with the endorsement : "Non est." Jacob had fled the modern " Goshen," never to return.

1814, June term. The grand jurors summoned for this time are mentioned on a former page. William Rabb, Esq., the pioneer miller of Colliusville, was their foreman. Brid- ger was found guilty of assault, and fiued accordingly. No records of proceedings in existence.

1815, May term. William Mears, Attorney of the United States, and John G. Lofton, foreman of the grand jury.

Daniel P. Cook was admitted to the bar. There were four cases of assault and battery on the docket, and one of va- grancy against John Lane.

Josias Randle was appointed clerk pro tempore.

1815, September term. Henry Cook, foreman of the grand jury reported that there were no cases before the jury, where- upon the jury were discharged. Joseph Conway was ap- pointed clerk in place of Josias Randle. Edward Hemp- stead is named as attorney.

1816, May term. Samuel Whiteside, foreman of the grand jury, who found two indictments against James Thompson for larceny. Thompson was tried before a jury in September next, and acquitted.

1816, September term. George Caldwell, foreman. The following foreigners were naturalized : Joseph Touchette, a native of Canada, and resident of Illinois since 1791, as tes- tified by Pierre Martin and Robert Whiteside.

Andree St. Jean, a native of Canada, and a resident of this territory since 1798, as testified by William Chilton and Pierre Martin.

Antoine Lapense, a native of Canada, then a resident of Peoria, Cahokia and Michillimackinac since 1794, a bona fide resident of the United States, witnesses : Pierre Martin and Joseph Touchette.

Michel Lacroix, a friend, countryman and constant com- panion of Lapense, as testified by Joseph Touchette and Louis Lafiere.

These applicants took the following oath : We swear that we have been living in the United States for at least five years, that it was bona fide our intention to become citizens of the United States, and to renounce forever all allegiance and fidelity to any foreign prince potentate, state sovereignty whatever, particularly George III. of Great Britain and Ireland, defender of the faith, king; we swear that we will support the constitution of the United States. All except

Lacroix sign by mark of hand. These former subjects of the " Defender of the Faith " had had a very indifferent education.

There were two indictments found for larceny. Matthew Mears had stolen a blauket from Henry Taylor, of the value of $1.00. Matthew restored the blanket, and was sentenced to pay a fine of $2 00, and costs besides. Henry Taylor was indicted for assault and battery. He whipped Matthew when he returned the blanket. James Kirkpatrick, supervisor, was indicted for " omission of duty," plead guilty, and paid a fine of $5 00. Joseph Conway was re-appointed clerk.

1817, Jul term. John York Sawyer produced his license to practice law, signed by two of the U. S. Judges of the territory, and was thereupon admitted to practice as coun- sellor and attorney-at-law. Alexander Waddle was fore- man of the grand jury, who indicted Francis Grigmar for perjury : the case was nol. pros. during the same term. Benjamin Wood for vagrancy, Robert Reynolds for fight- ing, and Simon News Dale, Thomas Johnston, R. P. Day, and James Maxwell for riot; this riot case was dropped the next day " for want of prosecution."

1817, November term. Thomas Reynolds produced his license to practice law, and was admitted ; Theodore N. W. Narick was also admitted to the bar. The grand jury in- dicted Christopher Stout and six others for fighting.

1818, March term. Hon. Daniel P. Cook presided at this term as Judge. Joseph Conway produced his commission as clerk. issued by the governor. The grand jury indicted W. L. May, and eight others, for fighting.

1818, July term. Hon. Johu Warnock presided at this and the next term of the court. There were again nine cases of assault and battery, and two of larceny, viz .: John Warren aud Hardy Warren, both cases were not. pros. The sheriff reported that Jacob Hutson and John Hutson had broken jail.

1818, November term. No business transacted at this term ; the attorneys all being of the opinion that the court should not to proceed to business, and expressed a wish not to have the cases tried where they were concerned. All cases were therefore continued until the next term.

The court records do not explain this strange and abrupt adjournment of the court ; it may be accounted for by the uncertainty of who was legally entitled to the judgeship. The first territorial legislature had assembled at Kaskaskia on the 3d of October, 1818, and on the Sth had elected Joseph Phillips Chief Justice, and John Reynolds, Thomas C. Browne and William P. Foster, associate justices, and Dan. P. Cook, Attorney General. The constitution of the state, under the stipulations of which these elections had taken place, had thus far not been ratified by the Congress of the United States, and when the attention of the said legislature was called to this circumstance, an immediate adjournment was suggested and agreed upon. The legisla- ture was to be convened again as soon as the state constitu- tion should be ratified by Congress. The November term, 1818, of the Madison county circuit court was to be held during this judicial interregnum. The Hon. John Warnock, the territorial judge, and the Hon. John Reynolds, associate

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HISTORY OF MADISON COUNTY, ILLINOIS.

justice as above, assigned to the Western Circuit, were both in attendance, but neither of them had a desire to officiate under existing circumstances, hence the adjournment.

THE COUNTY AT THE CLOSE OF 1818.

To the reader who has followed us through the meagre records of the county from the time of its organization to the above date, a period of only five years, a brief resume of what had been accomplished in the short time of its political existence, will probably be of interest. The " squat- ters" of 1812 and 1813 had become owners of their home- steads since 1814, lands having been entered in eighteen different congressional townships. A great portion of the lands in the river townships was bought in 1814 and 1815 :- 4645 acres of the 7000 acres of township 3-10; 940 of the 1350 acres of township 4-10, and 2306 of the 4030 acres of township 5-10, were now in the hands of bona fide residents or " speculators." The latter class was not so numerous in the county as is generally supposed.

The land entered by them aggregates about 25,000 acres, including the 8457 acres owned in six different townships by Nicholas Jarrott, who at the time was at least temporarily a resident of the county, building a water power mill on the Cahokia creek at Indian Ford near the Mound. Township 4-8 contained then only 4500 acres of government land, as 18,021 acres had been purchased by 49 individuals ; the largest quantity owned by any one man was 1546 acres- the property of Nicholas Jarrott. Benjamin Stephenson contenting himself with 80 acres, the smallest traet. Glanc- ing over the list of names, we meet the familar ones of Barnsback, Cook, Delaplain, Gillham, Holliday, Judy, Kirkpatrick, Kinder, Lusk, Mason, McKee, Nix, Ottwell, Prickett, Randle, Robinson, Whiteside, and others.

15,707 acres of the 22,500 of township 3-9 were owned by 45 individuals; Nicholas Jarrott again in the lead with 3817 acres, and George Hewitt bringing up the rear with a modest 80 acres. Here are to be met the names of Atkins, Baird, five Gillhams, Lofton, John G .- the judge had 441 acres, the Reynolds, three Whitesides and Waddle. In township 5-9, 14,478 of its 21,030 acres had passed into the possession of 42 resident settlers. The names of Buck- master, Bartlett, Hewitt, Moore, Montgomery, Preuitt, Vaughn, Whiteside, are still familiar to the citizens.

Out of the 21,713 acres of township 3-7, 11,325 had been entered by 48 individuals. Abraham Vanhooser, a Pennsylvania German, was the largest land-holder, owning at that time 1040 acres. There were mine settlers in the township who possessed less than 100 acres of land. Many familiar names are met here, to wit. : The Andersons, the Armstrongs, Bairds, Cook, Churchhill, Dugger, Gaskill, Ilall, Jarvis (township is now named after him), Kingston, Moore, Riggin, Renfro, Seybold, Stice, Thompson, Wood, and others.

Township 3-8 follows, 11,159 of its 22,452 aeres were in possession of 45 actual settlers. The largest tract, a full section was owned by Robert Seybold, Micajah Cox, Colean, heirs of P. Casterline, and Michael Healy had 80 acres each. The following names have still a familiar sound :

Armstrong, Cook, Eaves, Gillham, (three of them ), Gaskill, Hall, Lemen, Moffitt, Moore, Robinson, Reynolds, Squire, Teter, Vaughn, and Whiteside.

10,325 acres of the 23,359 acres of Fort Russell, township 5-8, were owned by 35 persons. William Jones, repeatedly mentioned in the chapters on Pioneers and Civil Govern- ment-was in possession of the largest traet, viz. : 803 acres, Gov. Ninian Edwards being content with the smallest, an 80 acre tract. We mention the names of Baird, Cox, Enos, Hill, Mason, Newman, (three of them ), Prenitt, Reavis, Star- key, Smith, Whiteside and Wood.

Town-hip 4-9 had 10,469 of its original 19,834 acres occupied by residents and speculators. Nicholas Jarrott owned 1135 acres. Here we find the names of Atkins, De- jailais the ferry-man, Emert, five Gillhams and others.

Iu township 3-5, only 3000 aeres had been entered by 11 individuals, among whom the following familiar names are to be mentioned : Duncan, Good, Morgan and Ramsay.

Township 4-5 had 3509 acres sold-in 13 tracts ; we find here the Howards, Pearces, MeAlily and Reynolds. Town- ship 5-5, 80 acres, owned by James Pearce. Township 65,-no lands entered.

Township 3-6. Here were 5246 acres entered by 25 in- dividuals, most of whom seem to have been actual settlers; the greatest quantity of land owned by any one man at that time was a tract of 298 acres, the property of Washington Parkinson. Familiar names to be mentioned here are : Anderson, Cook, the Duggers, Giger, Howard, Parkinson, Thorp, and Uzzell.

Township 4-6, (Marine) .- 3053 acres entered by 10 in- dividuals. Captain Curtis Blakeman had bought 1120 acres as early as 1816. Besides him, mention is to be made of Allen, Anderson, Beck, Ferguson, Giger, Ground and Kile. Township 5-6 1305 acres entered by five per- sons; Hoxsey took 640, Farris and Aldrich . Township 6-6. No lands sold.

Township 4-7. 7619 acres in possession of 26 indivi- duals. John Rice Jones-the eminent lawyer of Illinois- owned 1280 acres there; Edward Coles, later governor of the State of Illinois, entered 148 acres in 1816; besides we meet the familiar names of Beck, Bartlett, Bell, Barnsback, Borough, Clark, Fruitt, Gonterman, William Gillham, 114 acres, MeKee, Posey, and Taylor.

Township 5-7. 20-46 acres-Robert Aldrich and Thomas Barnett, each 160 acres, seem to have been the only bona fide residents there at that time.

Township 6-7. No lands entered. In fact no lands situated north of township line No. 5 had been entered at that period, although a number of squatters had made their homes there, as well as further north.

We have confined ourselves in the foregoing to the terri- tory of the county in its present boundary lines. The pro- clamation of Governor Edwards creating the county, had made Canada the northern and the Indiana and Illinois boundary line, the eastern limit of the county of Madison.

The latter had meanwhile been reduced by the organiza- tion of Edwards county, November 28th, A. D. 1841, and of Bond county, January 4th, 1817, to pretty near what it

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HISTORY OF MADISON COUNTY, ILLINOIS.

is now, its western and southern lines were permanently established by the governor's proclamation, which, as pre- viously stated, had left the northern boundary vague and indefinite.

The county was officered at this period, December, 1817, as follows :

Hon. Jesse B. Thomas, Circuit Judge.

William Mears, Prosecuting Attorney.

Joseph Conway, Clerk of the Circuit Court.

Isom Gillham, Sheriff, and, by appointment, Collector. Josias Randle, Recorder, and Clerk of County Court.

William Jones, Treasurer.

Martin Jones, County Surveyor.

John Robinson, Coroner.

George Cadwell,

Samuel Judy, Judges of the County Court.

William Jones,

The names of the acting justices of the peace are men- tioned in the foregoing.

Political Townships.

The Court of Common Pleas of St. Clair county had, prior to the year 1812, made the following sub divisions of this part of its vast territory, to wit: Shoal Creek township, a part of Bond county, since January, 1817, Six mile town- ship, Goshen and Wood river townships.

The county court of Madison county re-organized the political sub-divi-ions of the county, then called townships, and later precincts. . We find at this period the following townships, some of which presented an area large enough for counties or even states.

Six Mile-Began at the southwest corner of the county, on the Mississippi river; thence east along the county line to Cahokia Creek, and up the same to the mouth of Long Lake, up Long Lake to the road leading from Samuel Gill- hams to Dejailai's ferry, thence direct to the Mississippi river, including Big Island, thence south along the bank of the river, including all islands to the place of beginning.

The name of "Six Mile " was preserved for sixty years, and was changed to " Venice" in 1872.

Big Prairie-Greenfield since 1818 ;- Began at Cahokia Creek, at the mouth of Long Lake, thence up said creek to the bluffs, thence up the bluffs, so as to include all " living" under the bluff' as high as to where Wood river cuts through the bluff, from there to Smeltzer's ferry on the Mississippi, thence South to Dejailai's ferry, thence down the Six Mile township line to the mouth of Long Lake.

The name of Big Prairie has gone out of use entirely ; it was abolished in 1818.

Wood river began at the mouth of Indian Creek, from there up Cahokia to the head of the same, thence to the Illinois river, including all the inhabitants between the forks of the Illinois and Mississippi river, thence down the Mis- sissippi river to Smeltzer's ferry, thence with the township line through Big Prairie, to the mouth of Indian Creek.

The ancient name of Wood river township was restored by township organization in 1876.

Goshen began at Cahokia Creek, where it crosses the south County line, thence up said creck to where the range line between seven and eight strikes said creek, thence south to where said range line strikes St. Clair county, thence to the beginning.

This township had a triangular shape. The township line between townships three and two, forming a right angle by the intervention with range line between seven and eight-and the meandering course of Cahokia, serving as the hypothenuse.

The name of Goshen is still preserved, as one of the school district of this territory, is to this day called the " Goshen " district.

Silver Creek began where the range line between seven and eight intersects the north boundary line of St. Clair county, thence due east to the Bond county line, thence north ! !! (no limit), so as to include all inhabitants north of Goshen and Wood river townships. The name continned until a recent day. The township of 1817 was by degrees greatly reduced in size. It lost much, but it retained its name for over half a century. And yet this name was after all a misnomer, for the creek, that gave it the name, was barren of silver.

What is left of the proud Siver Creek township of yore, since 1876, is known by the name of " Olive."

Many of the territorial laws * had been taken or copied from the codes of older States, and among others, a law in reference to providing for paupers. The county, however, had no resident paupers, yet overseers of the poor were ap- pointed, because the law directed that it should be done. The records show that Amos Squires and Philip Huwk were appointed overseers of the poor for Six Mile. Micajah Cox and John Barnett for Goshen ; Jacob Linder and Young Wood, for Wood river ; Joseph White and Daniel Brown, for Big Prairie; and John Howard and William Shelton, for Silver Creck.

This system was kept up for half a century ; the writer of these sketches remembers well to have received and filed, while occupying a position in the court-house, a num- ber of official semi-annual reports of those overseers of the

* On December 30th, 1815, a wolf scalp law was enacted. One of the stipulations of this law made it necessary for applicants for pre- miums to solemnly swear, that they had never willingly spared the life of a " bitch wolf," with a design to increase the breed. Wonder, if any sharpers from down " East" had practised this little scheme before ?

On December 12th, 1816, a law was passed to prevent attorneys from Indiana from practising in the courts of Illinois, and any viola_ - tion of this law was to cost the offender a fine of $200 00. Friendship between American neighbors !!!- It is said, that once upon a time, some villagers in Baden had run a mad dog to cover, and had success- fully " bagged" him. Instead of killing the dog, they inquired at headquarters, whether the rabid animal, which was known to have come over the "state line " from Wirtemberg, should be killed or carried back to, and turned loose in Wirtemberg. The answer was : Return him to his home state ! Love between German neighbors !!!- The latter is an anecdote invented to illustrate the want of unity among the inhabitants of the various states in Germany, and the former is a stubborn fact, recorded in the statutes of Illinois.

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HISTORY OF MADISON COUNTY, ILLINOIS.

poor. One of these gentlemen, representing old Silver Creek, had his reports stereotyped, for they invariably con- tained the following : "The undersigned begs leave to report to the TIon. County Court of Madison county, that there are no paupers in his territory." Signed James Olive. And yet the pauper expenses of Madison county reached the enor- mous amount of over forty thousand dollars in the year ending August 31st, 1873! Silver Creek, however, reported, "No paupers here." There was something in that silvery name after all.

Roads .- At the time of the organization of the county, we find ouly one public road in the county. Its northeastern terminus seems to have been Thomas Kirkpatrick's mill on Cahokia Creek-( Edwardsville), and passing southwest via Samuel Judy's place and Indian Ford on Cahokia creek, it connected the old French settlement of Cahokia with the later American settlements in Madison county.

In 1817, the county had quite a number of road districts. The first one to be mentioned was a circle, a mile in diame- ter, around the court-house, under the management of John T. Lusk.

2d. Road from Edwardsville to Long Lake, crossing Caho- kia creek at I. Gillham's bridge-site-John Barnett, super- visor.

'3d From Edwardsville to Judy's creek, past Bethel meeting house-James Reynolds, supervisor.

4th. From Edwardsville, past Zadok Newman's to Indian creek,-Zadok Newman, supervisor.

5th. From Wallace and Sealy's mill, on Wood river to Gillham and Meacham's Ferry-at Alton, with Ethan Meacham as supervisor.

6th. From Cheek's Ferry-above the mouth of Wood river to the crossing of the main road from Edwardsville to George Smeltzer's Ferry, below Alton-Thomas Carland supervisor.

7th. From county line up the Mississippi to Dejailais' Ferry-Benjamin Merrett, supervisor.

8th. From county line to Long Lake-John Clark, super- visor.

9th. From Indian Ford on Cahokia Creek down the bluff to the house of Frank Collins, and past it west to county line, the St. Louis road-Henry Cook and Frank Collins, supervisors.

10th. From Indian Creek via Moore's bridge, aeross Wood river to Smeltzer's Ferry, with Solomon Preuitt and l'eter Waggoner as supervisors.

11th. From bridge across Cahokia near Edwardsville via. bridge on Indian Creek to Isom Gillham's Ferry-with James Gillham and Thomas Cox as supervisors.

12th. A new road, from Edwardsville to Wallace and Sealey's mill on Wood river, to be opened at once in three sections, with Joseph Robertson as supervisor for the eastern, T. G. Davidson for the middle, and John Wallace for the western division.

Bridges .- The records of those days mention four bridges, to wit : Moore's a bridge across Wood river-we could not ascertain if it was a toll-bridge, across Indian Creek on the road from Edwardsville to the northwest of the 17

county, bridge across Cahokia near the court-house, bridge across Long Lake, west of the present railroad stations, and a toll-bridge aeross Silver Creek, on the road to the U. S. salines in the southern part of the State.

Gillham's toll-bridge across Cahokia Creek, on the road from Edwardsville to Long Lake, ereeted in 1813 and 1814-had been washed away, and John Barnett, supervisor of road No. 2, was ordered to construct a new bridge at the same place. The order was, however, rescinded.

Public buildings .- The sessions of the various courts had been held at the various taverns of Edwardsville for five years ; and it was not until autumn 1817, that the first Court-house, a log cabin erected by Samuel G. Morse, at au expense of $437.50, could be occupied.

The Jail, built by William Ottwell, had been completed as early as December 6th, 1814, and was in 1817 moved on the court-house square at the suggestion and expense of James Mason, a public-spirited man, to be metioned here- after.

Towns .- Edwardsville, the county seat, was then the leading town ; it had probably some fifty dwelling houses ; the United States Land-office was there; also a Bank, Public house, etc.

.Ilton, now the principal commercial city of the county, had been located in 1816 and was, properly speaking, not a town in 1817. It developed rapidly, however, and had as many as a hundred residenees in 1819.

Upper Alton, laid out in 1817, by Joseph Meacham, a Vermonter.

Milton, now no more, was quite a town in 1817. There may have been 25 or 30 fam lies residing there at the time. It lay a few miles below Alton, on Wood river. Wallace and Sealy's saw aud grist mills were doing considerable business at that period.

Ferries .- The authorities of the conuty had granted licenses to seven ferries, as follows :

1st. George Smeltzer, north of Alton; this ferry had previously been run by a Mr Langford, at or near the mouth of Wood river, whence Smeltzer moved it up several miles beyond Alton. This ferry had, in 1817, what wascon- sidered the best site ; it paid an annual license of $12.00.

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History of Madison County, Illinois With biographical sketches, Part 32

Author: Brink, W.R. & Co Publication date: 1882 Publisher: Edwardsville, Ill. : W. R. Brink & co. Number of Pages: 698

Author: Brink, W.R. & Co
Publication date: 1882
Publisher: Edwardsville, Ill. : W. R. Brink & co.
Number of Pages: 698