History of Madison County, Illinois With biographical sketches, Part 45

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

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The number of criminal cases placed on the docket dur- ing the eight terms presided over by Hon. W. H. Snyder was enormously great. There were 77 cases of larceny, 5 of manslaughter, 1 of arson, 1 of rape and 11 of murder. . 6 persons were convicted of larceny, and their penalty fixed at

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IIISTORY OF MADISON COUNTY, ILLINOIS.

90 years and 6 months penal servitude in the aggregate. A rapist was sent up for five years: Johann Ludwig Friester, Fred. Welner were sentenced three and five years respee- tively, for manslaughter ; E. Aldred, indieted for murder, ob- tained a change of venue to Bond county ; and Peter Han- son was found guilty of arson and sent up for seven years.

The trial of George Gibson, Edward Barber and Joseph Watson, for the murder of one Barth a peddler and resi- dent of the county, created the most intense excitement throughout the county. These men were indieted on the 16th of May, 1857, by the following grand jurors, to wit: Fred. T Krafft, foreman, James L. MeLanahan, James Whiteside, Aaron Rule, Jacob Leder, William MeCain, John J. Par- ker, James Kell, Josiah K. Gillham, Benjamin L. Dorsey, L. S. Wells, Lancaster R. Weeks, John Mason, Collier Brown, John Cox, George Moffitt, G. W. Layman and Jacob B. Cox.

The trial commenced on the 21st of May, 1857. The parties were defended by S. T. Sawyer, F. S. Rutherford and John Trible, before the following jury : J. H. Williams, S. W. Tindall, George Hedges, William Sandbach, George G. Wilson, Jacob Preuitt, Abram Preuitt, Benjamin Heus- tis, Ignatius Sweeringen, I. B. Randle, William Keirsey and Francis Agnew, who found the defendants guilty of murder. One of the murderers, a mere youth, had his death sentence commuted by executive elemeney, into penitentiary for life, and was pardoned out during the civil war. He enlisted in the service of the U. S. and served faithfully to the end of the war. It is said that he now resides in St. Louis, and is engaged in business there. The two others ended their lives on the gallows, which had been erected on the grounds of the county poor farm, south of Edwardsville.

The indignation of the people in the eastern part of the county, where the murder was committed and where the poor victim was at home, was very great, and at times it was feared that the murderers would be mobbed. In fact, an organized body, composed of five hundred men, headed by Savage and Smiley-a strange combination of names-all mounted, appeared in the streets of Edwardsville a few days after the murderers had been jailed, with the avowed pur- pose of taking the prisoners from jail and hanging them at the very place where Barth had been so foully murdered.

Z. B. Job, then sheriff of the county, aided by all the prominent men of Edwardsville, succeeded in quieting the mob The late John S. Wheeler, as plucky as strong, and Z B. Job, tore the leaders from their horses and seeured their persons. Speeches were made by Hon. Joseph Gilles- pie, the late F. T. Krafft and the late Solomon Koepfli, of Highland, to quiet the infuriated masses. The latter, having learned what was contemplated, hastened to Edwardsville to give the alarm. The authorities of the county sent to Alton, requiring the two Alton Guards to come to Edwards- ville at once. This summons was promptly obeyed, and while they remained in charge of the prison for about 10 days, the citizens of Edwardsville organized a military eom- pany, offieered by J. H. Sloss, captain, and J. G. Robinson, lieutenant. This company aeted as guard and poliee on the day of the execution. The town was thronged with thous-

ands of people from all parts of the county, who had come to attend the " hanging."

The sheriff, one of the most kind-hearted men of the day, performed the dreadful duty of an execution with firmness, but when he struck and cut the rope whieb held the plat- form in position, he sank to the ground from sheer emotion.

1861 TO 1873.

Hon Joseph Gillespie on the beneh, J. B Hay, Joseph D. Manners, R. A. Halbert and E. Breese Glass prosecu- ting attorneys. This period excelled all previous and all subsequent terms in the number of murder cases, some of which may be traced to the violent passions pre- valent during the civil war, while a majority of them were the out-cropping of depravity. There were twenty- four murder eases and eight of manslaughter placed on the criminal docket of the circuit court; other crimes, principally against property, were also very numerous. Seventy five persons were sent to the penitentiary for larce- ny, burglary, and robbery, their penal servitude aggregating 251 ycars; two dealers in counterfeit money received four years caeh, one rapist ten years, one forger one year and one arson one year. Murder and manslaughter eases resulting in convictions. William Rounds, sentenced for life, October term, 1863. Albert Rose, convicted of manslaughter, sen- tenced for fifteen years. Rose bad killed one Samuel Legett, November 28, 1864. George Harrison, manslaughter, six years Harrison had killed John Newton in a fight by stabbing him with a knife, Dec. 2, 1866. Henry Margraf, murderer, life sentenee. The murder committed by Margraf was one of the most atrocious crimes on record in the coun- ty. fle lived as a farm hand with Christian Wrisse, enjoy- ing the confidence of his employer to such a degree that he, in cases of absence of the family, was left in full control of the house and every thing in it. Once again left there, with no one except little Henry, a son of Mr. Wrisse, he robbed the house, choked the poor child to death in a horrible man- ner, seereted the body of his victim on the premises by covering it up with two bags of wheat, and fled. The ter- rible erime was soon discovered and Margraf arrested. He was put upon his trial in May, 1869, and taking advantage of a statutory proviso-that the death penalty could not be v.sited on a murderer upon a plea of guilty-plead guilty. His Honor, in sentencing him for life, expressed his regrets, that he could not have sent the monster to the gallows, which he had deserved so much. Margraf is still in the penitentiary, but very recently had the audacity to ask residents of the county to sign a petition for his pardon. William Bell, aeeused of the murder of Hermann Wendell by shooting, Nov. 1, 1868, was at the May term, 1869 indicted for murder by the following grand jury.

H. K. Eaton foreman, Leander McLean, Hilley T. King, Malachi A. Kline, Lewis Rieks, Anthony Beck, C. P. Richmond, David Rinderer, Xavier Suter, Frank J. Haag, Joseph G. Robinson, Alonzo Foster, Jacob W. Terry, John Suppiger, Edward Elliff, Charles Edwards, John II. Kuhlen- beek, Samuel Cough, William Bond, Wesley Reaves and George L. Whaling.

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HISTORY OF MADISON COUNTY, ILLINOIS.

He was tried at the October term 1869 - before the fol- lowing jury ,

William Jageman, William McNeilly, Thomas Hogg, A. Cowan, Jr., T. M. Tartt, Sidney Robinson, Samuel McKin- ny, James N. Sandbach, J. W. Scarborough, O. D. Oberlin. Jacob Deck and William E. Lehr, who gave the following verdict : "We the jury find the defendant guilty and re- commend the death penalty" - October 19, 1869. Bell was sentenced on the following day and executed on the 12th of November A. D. 1869 at the old jail in Edwardsville

George Matthews, indicted for murder at the October term 1871, plead guilty of manslaughter and was sentenced to one year penitentiary.

George Gropp was indicted at the same term, and tried in October 1872. He was found guilty of manslaughter, and sent to penitentiary for a term of six years. Gropp, who was keeping saloon, " had shot and killed a guest," Michael Loughlin, in 1869. Executive clemency shortened his term of penal servitude.

William Hilgedick, indicted for an assault with intent to kill, was sentenced to 14 years penitentiary. He had clubbed his wife, and thinking her to be dead, threw her helpless body under the hoofs of his mules, so as to escape suspicion. While in jail awaiting trial, Hilgedick seemed as uuconcern- ed as though he had not done any wrong. His ideas on the question of woman's rights smacked of barbarian ages.

The assassination of President A. Lincoln - April 14, 1865 - caused the grand jury of Madison county to pass the following resolution which was spread on the records of the circuit court of the county, to wit :

MADISON COUNTY, CIRCUIT COURT, MAY TERM 1865.

The grand jury came into open court by Edward M. West, their foreman, and presented to the court resolutions on the death of Abraham Lincoln, late president of the United States, as follows, to wit :

WHEREAS we have heard by official announcement of the Secretary of War, that Abraham Lincoln, president of the United States, was assassinated in Washington City on the 14th day of April last, therefore :

Resolved, by grand jury of Madison county, Illinois, at the May term of the circuit court of said county-that we.deeply deplore the sad event which has has taken from our country in the prime of life and in the midst of his usefulness Abra- ham Lincoln, president of the United States of America.

Resolved, that we cannot express with words our utter ab- horrence of the dark and diabolical deed which has deprived the nation of its chief, and our detestation of the fiendish perpetrators of the crime.

Resolved, that while we how to the mysterious providence of heaven in this national affliction, we feel an increased determination to aid in preserving the union of states and upholding the constitution and flag of our country.

Passed unanimously May 4, 1865: E. M. West, foreman, Wm. Krome, John Baird, Richard Mawdsley, Jacob Mumme, Charles Schoeck, William Mize, Richard Benbow, William Eaves, Madison Williams, Danicl S. Sanders. Wm.

Frazier, W. J. Roseberry. Joshua Woods, Thomas Woods, O. H. P. R. Spring and Conrad Leseman.

1873 TO 1879.

Hon. W. H. Snyder, Judge; E. B. Glass and Cyrus L. Cook, state attorneys.

The transactions of this court are of recent dates, and may be briefly stated as follows : There were fourteen murder cases placed on the criminal docket-James Egan was con- victed of manslaughter, sentenced to one year; George Bark, on plea of guilty of murder, sentenced for life ; Geo. and Lawrence Peipert, indicted for murder obtained a change of venue to St. Clair county ; Walter Pierce, under similar indictment, obtained change of venue to Bond coun- ty, where he was sentenced to penitentiary for life ; Baptist Masa, indicted for fratricide, was tried and found insane. William White was sentenced to a 14-years' term, October, 1879. Besides these there were seventy-eight persons tried and convicted of various felonies. These penalties aggre- gated 183 years in penitentiary. The severest sentence fell upon William Hasemann for incest, who received twenty years and one Charles Meyers, a burglar, who was sen- tenced for 14 years.

An act of the legislature in 1877 divided the state into 13 judicial circuits with three judges for each district. Madison county forms a part of the 3d district. The judges elected in June, 1879, are Hon. W. H. Snyder, of Belleville : Hon. Anos Watts, of Nashville; and Hon. G. W. Wall, of Du Quoin.

Hon. J. H. Yager, of Alton, is at present county attorney, having succeeded C. L. Cook in 1880. The proceedings of the court. during 1879, 80 and 'Sl are of too late a date to be mentioned in these pages.

PROBATE COURT, 1849 TO 1882.

The court was presided over by the late Hon. H. K. Eaton from 1849 to 1857 ; hy Hon. M. G. Dale, 1851 to 1865 ; by the late Hon. David Gillespie, from 1865 to 1869; by the late Hon. W. T. Brown, from 1869 to 1874. Brown died March 2d, 1874, in the first quarter of his second term. He was succeeded by Hon. J. G. Irwin, April 1874. Judge Ir- win's seat was successfully contested by Hon. M. G. Dale, wl o filled the rest of the official term to which Brown had been elected. Hon. M. G Dale was re-elected in 1877 and is still presiding The number of estates administered on since 1812 is 4086. Assuming that one out of every 7 persons deceased was the head of the family, leaving an estate, we arrive a; the conclusion that about 30,000 weary heads have been laid to rest in this county since 1812.

CONCLUSION.

The civil history of Madison county commences with the year 1812, and includes, therefore, the events of but 70 years. We have endeavored to give a succinct and aecu- rate account of these events as they occurred from the day when John G. Lofton, Jacob Whiteside and Thomas Kirkpatrick, the pioneer county officers, assembled in the log cabin of Kirkpatrick's to "hold court " until to day

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HISTORY OF MADISON COUNTY, ILLINOIS.

when in 1882 men elected the representatives of 23 town- ships, each of them representing many times the wealth and population of the whole county in 1812, assembled in the stately court-house, to continue the work, begun by the ven- erable men mentioned above. Madison county has pros- pered from the day the first white men built their huts in what they so aptly called " Goshen." Fifty millions of dol- lars would not suffice to purchase the property owned to- day by the 50,000 inhabitants of the county. Seventy years is but a brief period in the life of nations, and yet how lim- ited is the number of those who have seen the county in its infancy, and have watched its wonderful progress.

An Indian trail, here and there, in 1800, an ouly road from Edwardsville to Cahokia in 1812, were the means by which the scattered settlements were kept in communication with one another. How great was the joy of these people, when some ten years later the first stage coach came thun- dering through the county. The days of the stage have passed by, and the cherry sounds of the driver's bugle are almost forgotten.

The county is dotted with prosperous and growing cities and towns. Stately school-houses are found everywhere throughout the county, and numerous church spires, point- ing upwards, seem to indicate that the thoughts of this peo- ple are not entirely bent on things that perish.

Railroads traverse the county in various directions, and telegraphs connect almost every town of the county with the remotest places on earth. Such is Madison county now. Specu'ations as to how it will be found 70 or 100 years hence, are idle. There is a limit to all things The build- ers of the tower at Babel learned this by their own sad experience, and the Titans, though powerful enongh to pile mountains on mountains, could never reach the sacred heights of Olympus.

CHAPTER X.

THE BENCH AND BAR.

HROUGH the rapid growth and immense development of the state in population business and wealth, numerous changes have been rendered necessary in its ju- dicial system, an outline of which is given below. By the constitution of 1818 the judicial power of the state of Illinois was vested in one supreme court and such inferior courts as the General Assembly should from time to time establish. The supreme court consisted of a chief justice and three associate justices, and was vested with appellate jurisdiction ouly, except in cases relating to the revenue, cases of mandamus, and such cases of impeachment as might be required to be tried before it. The justices of the supreme court and the judges of the

inferior courts were chosen by joint ballot of the General Assembly, and were to hold their offices until the end of the session of the General Assembly of 1824; and were required to hold such circuit courts in the several counties, and exer- cise such jurisdiction as the General Assembly should by law prescribe.

The state was divided into four judicial circuits, within which the chief justice and the associate justices of the supreme court performed circuit duties till 1824. On the 28th of December, 1824, an act was passed requiring the appointment by the General Assembly of five circuit judges, to continue in office during good behavior, and dividing the state into five judicial circuits. The performance of circuit duties was now wholly assigned to the circuit judges. On the 12th of January, 1827, the act of 1844 was repealed, and the state was again divided into four judicial circuits, in which the chief justices were again required to per- form circuit duties. By act of January 8, 1879, a fifth judicial circuit, north of the Illinois river, was created, and a circuit judge was elected by the General Assembly to preside in that circuit, the justices of the supreme court performing the judicial duties of the other four circuits. By act of January 7, 1835, a sixth judicial circuit was created five additional circuit judges were elected. and the justices of the supreme court were again relieved from judicial duties in the circuit courts. In 1837 a seventh circuit was created, and an additional judge elected, and in 1839 the eighth and ninth circuits were formed and provided with judges. In 1841, by act of the 10th of February, the ac- establishing the circuit courts was repealed, and the General Assembly elected five additional justices of the supreme court, who with the chief justice and the three associates just tices then in office, were to constitute the supreme court. By the same act the justices of the supreme court were to perform circuit duty in the nine circuits into which the state was at that time divided. A re-organization of the judiciary took place in 1848. Up to that time the circuit courts had only a legislative existence. But by the consti- tution of 1848 the judicial system was to consist of one supreme court, circuit courts, county courts, and justices of the peace, and such courts of uniform organization and jurisdiction of civil and criminal cases in the cities of the state as the General Assembly should establish. The su- preme court consisted of three judges, one of whom was elected for the term of nine years by the people, iu each of three grand divisions into which the state was divided by the new constitution for that purpose. Appeals and writs of error could be taken from the circuit court of any county to the supreme court held in the division including such county, or by consent of parties, to the supreme court in the next adjoining division. The state was divded into nine judicial circuits, but the General Assembly increased their number from time to time until there were thirty circuits created under the constitution.

One circuit judge was elected by the people in each cir- cuit for the term of six years and until his successor should be elected and qualifed. The first election for justices of the supreme court and judges of the circuit courts was held

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HISTORY OF MADISON COUNTY, ILLINOIS.

on the first Monday in September, 1848, and afterwards on the first Monday in June, 1855, and every six years there- after for county judges. All vacancies in the supreme court or the circuit courts were to be filled by election by the people, unless the unexpired term did not exceed one year, when it might be filled by executive appointment. Two or more terms of the circuit court were to be held annually in each county, and that court had jurisdiction of all cases in law and equity, and of appeals frum all inferior courts.

The constitution of 1870 vested the judicial power in one supreme court, circuit courts, justices of the peace, police magistrates and such courts as may be created by law in and for cities and incorporated towns. The supreme court consists of seven judges, and has both appellate and orignal jurisdiction. One of the number is chief justice, and the concurrence of four judges is necessary to a decision. There are three grand division for holding supreme court.

One judge is elected from each of the seven districts into which the state is divided for that purpose. The election occurs on the first Monday in June, and the term of office is nine years. The supreme court in each grand divi-ion has a reporter and one clerk, whose terms of office are each six years; the former being appointed by the court the latter elected by the people of his division.

The legislature, in 1877, in accordance with the constitu- tion of 1870, created four appellate courts, with appellate jurisdiction only, and provided districts of follows : First, Cook county ; second, all the northern grand division ex- cept Cook county ; third, the central grand division ; fourth the southern grand division. Three circuit judges are as- signed to each appellate court by the judges of the supreme court for a term of three years. The concurrence of two judges is necessary to a decision, and certain cases may be appealed to the supreme court.

The constitution s of 1870 provides that circuit courts shall have original jurisdiction of all cases in law and equity, and such appellate jurisdiction as may be provided by law. The judges are elected by districts for six years.

In 1873 the legislature divided the state into twenty-six judicial circuits and in 1877 the general assembly divided it into thirteen districts, with three circuit judges for each district. The circuit judges not assigned to the appellate courts perform circuit duty in the districts for which they were respectively elected. Cook county is a unit in the ju- diciary system of the state ; it forms a judicial circuit, and the supreme court holds one or more sessions therein annu- ally. The circuit court of that county consists of five judges, who hold office for five years. Their number may be increased by adding one for every five thousand inhabit- auts over the above a population of four hundred thousand. The superior court of Cook county may also be increased in number in the same manner until the court shall be com- composed of nine judges.

In accordance with that provisions of the constitution, four additional judges were elected at the November elec- tion in 1880. The above is an outline of the judiciary system of the state. As it is intended for the general reader and not to furnish professional information, all details

must be sought in the statutes and in the decisions of the courts.

THE BENCH.

From 1813 to 1818, the territory of Illinois was divided into three Judicial districts, as set forth in the following act : " Be it known that under an act of Congress, entitled an act regulating and defining the duties of the United States Judges for the territory of Illinoss, it is alloted to JESSE B. THOMAS to preside in the first circuit ; to WILLIAM SPRIGGS to preside in the second ; and to THOMAS FOWLES to pre- side in the third circuit. "

Under this regulations, JESSE B. THOMAS presided over the circuit court of Madison county, between the dates already mentioned. He was appointed territorial Judge in 1809, and on the admission of Illinois as a state in 1818, he was elected to the United States Senate, and in 1823 was his own successor, serving in that capacity till 1829. In his senatorial career he gained considerable notoriety from hav- ing originally suggested the line of thirty-six degrees and thirty minutes as the basis of what is known as the Missouri Compromise. He strongly advocated the recogition of slavery iu our state constitution, but, in this, his efforts were thwarted by the spirit of freedom that prevailed in our first constitutional convention. During part of his official life, he was a resident of Edwardsville. About the year 1829, he removed to Ohio, where, in 1850, he died.

In 1818, in March term, DANIEL P. COOK held court in Edwardsville, He was a native of Kentucky, and on the removal of the capital of Illinois from Kaskaskia to Van- dalia, commenced the practice of law in Edwardsville. He was subsequently elected to Congress, and made Chairman of the Committee of Ways and Means, in which position he gained great notriety. At the bar, on the hustings, and in the hall of Congress, he was a most accomplished orator- He was also a very amiable and popular man. In the pre- sidential election of 1824, the popular vote of Illinois was in favor of Adams ; but two of the three electors were for Jackson, and the third for Adams. When the election went to the House of Representatives, Mr. Cook boldly, but ho- nestly cast the vote of Illinois for Adams. This act defeated his re-election to Congress, and he soon afterwards died at his old home in Kentucky. He was pre-eminently a self- made man, brilliant lawyer, and eminent jurist.

The July term of the Madison circuit court in 1818, was held by JUDGE JOHN WARNOCK, who was succeeded in the fall term of the same year, by JOHN REYNOLDS one of the Supreme Judges of Illinois. Judge REYNOLDS was of Irish extraction. He was born in Pennsylvania February 26th 1788, and, at an early age, removed with his parents to Tennessee, where he received his primary education. In 1800 he came to IlInois, and settled at Kaskaskia. He subsequently took a two years' course in Latin and the sciences, and in 1810 commenced the study of law in the office of John McCampbell, Knoxville, Tennessee. In 1812 he was examined at Kaskaskia before Judge Thomas and Sprigg, U. S. territory Justices, and admitted to practice. He received the appointment of Judge Advocate from

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History of Madison County, Illinois With biographical sketches, Part 45

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