History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens, Part 37

Author:
Publication date: 1885
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 1150

USA > Illinois > McDonough County > History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens > Part 37

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Richard M. Young was a native of Kentucky, and was among the earliest settlers of Northern Illinois. In 1828, while a resident of Galena, Jo Daviess county, he was appointed as judge of

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, HISTORY OF MCDONOUGH COUNTY.

the fifth judicial district, and commis- sioned as such on the 29th day of Janu- ary, 1829. He, in 1833, removed to Quincy, where he lived for some years. He remained upon the bench until 1837, when he resigned, having been elected to the United States senate for six years. After filling that office for the requisite term, Mr. Young, upon the 4th of Feb- · ruary, 1843, received the appointment of judge of the supreme court, and sat upon the bench of this august tribunal until January 25, 1847, when he resigned, having been appointed commissioner of the general land office by President James K. Polk. It is said of him, that he ranked high in his profession, and his counsels did much toward shaping the policy of the state, in his day. He was generous in his feelings and liberal in his views, and hence stood high in the estimation of all who knew him. He possessed a liberal endowment of intel- lectual ability and literary and legal ac- quirements, and these and other qualifi- cations admirably fitted him for the posts he was called upon to fill. Upon all with whom he came in contact he produced a lasting and favorable im- pression. His course while in the sen- ate and at the head of the department over which he presided was such as to give him a national reputation, and his history is a part of the annals of the re- public.

James H. Ralston was a native of Ken- tucky, and was elected by the legislature to fill the vacancy in the judgeship of the fifth circuit, caused by the resignation of Judge Young. He was commissioned February 4th, 1837, and remained upon the bench until August 31st, 1839, when

he resigned on account of ill health, and with the intention of emigrating to Texas. After a short sojourn in that state he returned to Illinois, and locating at Quincy, resumed his law practice. In 1840, he was elected to the state senate, and in 1846 he was appointed by Presi- dent Polk, assistant quartermaster, United States army, and ordered to re- port to the commander of the Illinois troops then en route for Mexico. Dis- charging his duties faithfully while in that "land of chapparel," he returned home, and soon after moved to Califor- nia.

Peter Lott was a native of New York, and was appointed to succeed Judge Ralston, the date of his commission bearing date of September 9th, 1839. He filled the position acceptably for the time appointed, and was elected and re- commissioned December 20, 1839, and continued in office until 1841, when he resigned. He subsequently acted in the capacity of clerk of the circuit court in Adams county, where he remained until 1852. He then emigrated to California, and was appointed superintendent of the United States mint, in San Francisco, by Franklin Pierce, president at that time, but was removed by James Buchanan, on his accession to the presidency in 1856. Mr. Lott then moved to Kansas, and died there in obscurity, and in limited cir- cumstances.

Stephen 'A. Douglas was elected judge by the legislature in 1841, and continued in office till August, 1843, when he re- signed, having been elected to congress from the fifth congressional district. He was born in the town of Brandon, Ver- mont, on the 23d of April, 1813. His

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HISTORY OF MCDONOUGH COUNTY.

father was a physician, and died early in life, leaving his widow and son in al- most indigent circumstances. Stephen had but few opportunities for schooling, much of the living of his mother and himself depending upon the labor of his hands. He devoted this time of his life to learning the cabinet maker's trade, and spent some years at the business. His mother, finally, married again, and young Stephen, in 1831, accompanied her and his step father, to Canandaigua, New York. There he attended an acad- emy and remained until the year 1833, when he came to Illinois, and taught school at Winchester, near the county seat of Scott county. This was a sub- scription school. Mr. Douglas employed his time evenings and holidays, in the study of law, and in 1834, he moved to Jacksonville, where he was admitted to the bar, and in 1834, he was elected at- torney general of the state, though only 22 years of age.

He soon resigned that office to accept a seat in the legislature. On the expira- tion of his term in that body, he settled down to the practice of law in Jackson- ville, where he remained until 1837, when he removed to Springfield, having been appointed register of the land office by President Van Buren. In 1839, he resigned this office, and the year follow -. ing, was made secretary of state. In 1841, he was appointed, by the legisla- ture, judge of this circuit. Mr. Clarke, in his history of the county says: "The circumstances under which he entered upon the duties of the office were suffi- cient to thoroughly try the force and scope of his abilities. The circuit was large-the previous incumbent of the of-

fice had left the "docket" loaded with unfinished "cases;".but he was more than equal to the task. He cleaned out the docket with that dispatch and ability which distinguished his subsequent course; and so profound was the impres- sion which he made upon the people, that, in the first congressional election which occurred after he was established in his character as a judge, he received the nomination for member of the lower house of congress, and was elected there- to. Through the distinguished abilities which he displayed as a statesman, he received the appellation of the 'Little Giant,' and became the recognized leader of a great political party. In 1860 he received the nomination for the presi- dency, but owing to a division in the party, he was beaten by Abraham Lin- coln, his competitor for the United States senate two years.previous. On the inauguration of President Lincoln, and the subsequent withdrawal of the south- ern states from the Union, and the war following, Mr. Douglas took strong Un- ion ground, and declared henceforth there could be but two parties in the county, patriots and traitors. In a few days thereafter he was taken sick and died on the 3rd of June, 1861, sincerely mourned by the whole nation."

Judge Jesse B. Thomas, was appointed to the vacant bench in August, 1843, and served in that exalted position until 1845, when he resigned. Shortly after this, in 1847, he was appointed to the supreme court as one of the judges, for the unexpired term of . Judge Young. He held this office until December 4, 1848. A short time after this he died. He was a man of much culture and high

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HISTORY OF MCDONOUGH COUNTY.

legal attainments, and discharged the responsible functions that devolved upon him, with credit and honor to himself and to the satisfaction of the people.

Norman H. Purple, was elected judge of this judicial circuit, in 1845, and served until May, 1849, when he resigned. He was a gentleman distinguished for high legal ability and executive talents, and it was greatly against the wishes of the people of the circuit that he quit the bench, but his professional practice was large and much more lucrative than the salary of the position, and he stepped down and out to the regret of nearly all who knew and appreciated his worth.

William A. Minshall, was a native of Tennessee, and was elected to the bench in 1849, and occupied it until the day of his death, which occurred in October, 1851. He was a man of sound attain- ments, and had attained eminence in his profession, 'and some notice, having served the people both in the general assembly and the constitutional conven- tion of 1847. He was among the early settlers of this state.

Onias C. Skinner, was a sound, able lawyer, and upright jurist. He, on the death of Judge Minshall, was appointed his successor, and served until 1853, in May of which year he resigned. June 4, 1855, he was commissioned judge of the supreme court. While in this posi- tion he obtained considerable eminence. He resigned this office April 19, 1858.

Pinkney H. Walker was born in Adair county, Kentucky, June 18, 1815. His mother's maiden name' was Martha Scott. His youth was passed in that portion of Kentucky, where labor is no more discreditable than it is in Illinois,

and until his seventeenth year he was employed upon his father's farm during the summer and attended school during the winter. In 1832 he became a clerk in a store and so continued until he left that state. In April, 1834, he came to Illinois, and settled in Rushville where he was engaged as clerk in a store. In March, 1838, he removed to Macomb and during the spring and summer gave his time to study at an excellent acad- emy at that place. In the fall of the same year he commenced legal studies in the office of his uncle, Cyrus Walker. Under the careful training of such a master mind he made rapid progress and during the next year he was admitted to the bar after an examination by Judges Lockwood and Brown, of the Supreme court. He at once opened an office at Macomb with Thomas Morrison, and in 1840, formed a partnership with his un- cle, his first partner having removed to Carthage. This co-partnership ended in 1842 by the retirement of his uncle from practice in the state. He continu- ed to practice by himself in 1848, when he returned to Rushville, where he sub- sequently, in 1851, formed a partner- ship with Robert S. Blackwell. The law firm of Blackwell & Walker was dis- solved in 1853, when the former remov- ed to Chicago, and the latter was elected judge of the fifth judicial district, or circuit, comprising the counties of Schuyler, Pike, Brown, McDonough, Cass and Mason. His first election was to fill a vacancy, and he was elected over his competitor against heavy odds. In 1855, he was re-elected without opposi- tion. He continued in this position to the great satisfaction of the bar and

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HISTORY OF MCDONOUGH COUNTY.

people of circuit until April, 1858, when Governor Bissell appointed him to the supreme bench to fill the vacancy made by the resignation of O. C. Skinner. In June, 1858, he was elected by the people to fill the same position for the regular term of nine years, and in 1867 was re- elected. At both elections the political party to which he belonged was in a very decided minority, and the rival candi- dates were able men, but the verdict of the people was an attestation of his tried faithfulness, and for mere political consideration would not send an upright judge from the bench. He was a third time elected in 1876, retaining the confi- dence of the bar and the people to such an extent that he had no opposition. He served as chief justice from Janu- ary, 1864, to June, 1867, and again from June, 1874, to June, 1875, and during the present term from June, 1879, to June, 1880.

Judge Walker died at his home in Rushville, on Saturday, February 14th, 1885, mourned by all the many who knew him. He was married June 2, 1840, to Susan, daughter of James Mc- Croskey, Esq., a well-known and highly · respected merchant, who died in Rush- ville in 1848. Of nine children born to them, four having gone before.

John S. Bailey was commissioned cir- cuit judge of this circuit, June 24, 1858, to fill the vacancy occasioned by the res- ignation of Judge Walker, and occupied the position until July, 1861. A lengthy sketch of this eminent gentleman is' given in the bar chapter of this county, he being still in practice in the city of Macomb.

Chauncey L. Higbee, was first elected

in 1861, and was thrice re-elected, and sat upon the bench until his death.

Chauncey Lawson Higbee was born in Clermont county, Ohio, September 7, 1821, and was the son of Elias and Sarah (Ward) Higbee. He received an academic education in the county of his birth, and came to Illinois in an early day and read law with Judge Sylvester Emmens, of Beardstown. He was ad- mitted to the bar, in 1843, and the fol- lowing year moved to Pike county, where he entered upon the practice of his pro- fession, and was a citizen of that county until the day of his death. He, like others of the legal profession, became interested in politics, and, in 1854, was elected to the general assembly. Four years later he was sent to the state sen- ate, and while serving in that body, was elected circuit judge. His first commis- sion was dated July 1, 1861, and by suc- cessive re-elections, he was kept in that position until death removed him to another sphere. He was also a member of the appellate court. As a judge he is said to have had few peers in the state. His death occurred in December, 1884.

The present circuit judges are S. P. Shope and J. H. Williams.

Simeon P. Shope was born in Missis- sippi, but was taken by his parents to Ohio while yet an infant. In the spring of 1839 he removed to this state; after- wards read law with Judge Purple and Powell in Peoria, and on the 11th of June, 1856, was admitted to the bar. He first opened an office in Metamora, Illinois, remaining there but a short time, when he removed to Lewiston, in Fulton county, in which place he yet re- sides. For many years he has had an

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HISTORY OF MCDONOUGH COUNTY.

extensive practice, not only in the coun- ties of his own judicial circuit, but in Logan, Mason, and Cass counties he has had a large amount of business be- fore the courts. In August, 1877, he was elected judge of this circuit without opposition. A polished gentleman, of affable manners, a thorough knowledge of law, quick preception and well known unpartiality, together with good busi- ness tact and executive ability, he makes a model judge, and has the entire confi- dence and respect of the entire bar.

John H. Williams was born in Quincy, Illinois, April 12, 1833, and is the son of Archibald and Nancy (Kemp) Williams. His father came to Illinois from Ken- tucky in 1829, and settled in Quincy, where he entered into the practice of law, attaining much eminence. John H. Williams was educated at the Mis- souri State University, at Columbia, Boone county, but leaving at the close of his junior year. He read law with his father and C. B. Lawrence, and was admitted to the bar in February, 1855, and practiced law in Quincy until the fall of 1879, when he was elected judge of this circuit. He is known as a sound lawyer and able jurist and is concien- tious, clear-headed and deliberate, and numbers his friends by hundreds.

STATE'S ATTORNEYS.

The gentlemen who have filled the office of state's or prosecuting attorney for the district of which McDonough county forms a part, deserves more than a passing notice. Like the judges they form a galaxy in which the citizens of the county may justly take pride.

The first incumbent of the office was

Thomas Ford, who served from the or- ganization of the county until January, 1835. Possessed of high and ' noble qualities of manhood, a thorough stud- ent, a keen, energetic, untiring lawyer, of strict integrity and high and laudable aspirations, he was universally esteemed and respected. Afterwards became judge of the northern district, and when he be- came known over the state, he was chosen governor by a spontaneous movement of the people. He held this latter office during the Mormon war.

William A. Richardson, who served as states's attorney from January, 1835, until 1837. Mr. Richardson's personal merits and characteristics are too well known to the people to require any delineation. His predominating traits were courage, unyielding perseverance and unvarying adherence to the course to which he was committed. He had command of a regiment of Illinois vol- unteers, in the Mexican war, and in the battle of Buena Vista, his cap was car- ried from his head by a musket ball. At the close of the war he returned home, where his services were recognized and rewarded by a generous people by an election to congress. He was re-elected five times. His last election was in 1860. He was also appointed governor of Ne- braska, by President Buchanan. This post he resigned after a year's service.

Henry L. Bryant served the people of this circuit as prosecuting attorney from 1837, to 1839, succeeding Mr. Richard- son. He was a fine lawyer and a gentle- man of many excellent qualities.

William Elliott, the state's attorney, served from January, 1839, till January, 1848. He was esteemed as a worthy

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HISTORY OF MCDONOUGH COUNTY.

man, a warm friend and a good lawyer. He served in the Black Hawk war, and was wounded in a hand-to-hand conflict with a single Indian, whom he killed. He was quartermaster in the 4th regi- ment of volunteers during the Mexican war, and served through that campaign. He returned to Lewistown after the war, and soon died.

Robert S. Blackwell, the prosecuting attorney, was the successor of Mr. Elliot, and served from 1848 till 1852. Mr. Blackwell was one of the most distin- guished lawyers in the state, and is the author of "Blackwell on tax titles."

Calvin A. Warren, was the next state's attorney at this court. He followed Mr. Blackwell in the office and served from May, 1852, until August, 1853. He was a fluent speaker, an able and successful lawyer, and a popular man.

John S. Bailey the incumbent of the office of public prosecutor,succeeded Mr. Warren in 1853, and filled the same with great credit until September, 1858, when he was raised to the bench.

L. H. Waters was appointed prosecut- ing attorney by the governor, to serve out the unexpired term of Mr. Bailey, who had resigned. Mr. Waters served until the fall of 1860, giving satisfaction to the people. In the following year Mr. Waters offered his services to the gen- eral government, and served a few months as lieutenant colonel of the 28th regiment' Illinois volunteers. Resigning, he was commissioned to raise another regiment, which he succeeded in doing, and re- ceived the appointment of colonel. The 84th regiment Illinois volunteers, under his command, did much excellent service. Colonel Waters made a splendid officer,

and was highly respected by his officers and men. At the close of the war he returned to his home in Macomb, where he practiced his profession for about four years, when he removed to Missouri. He now resides at Jefferson City, the capital of that state.

Thomas E. Morgan, the incumbent of the office of state's attorney above, was elected in 1860. He was a lawyer of fine abilities, and stood at the head of the bar in this part of the state. He died on the 22d day of July, 1867.

S. W. James, the state's attorney, was a lawyer of more than ordinary abilities, and was one of the best prosecutors in the circuit. He enjoyed the respect and good will of every member of the bar. His term of office expired in 1872.

Crosby F. Wheat was first elected to the office of states attorney in 1872, and re-elected in 1876. He is at present one of the prominent attorneys of Macomb, and a sketch of him may be found in the chapter of this work relating to the history of the bar.

William Prentiss, the state's attorney from 1881 to 1885, is noticed at length in the chapter devoted to the bar of the county, he being one of the bright lights of that profession in Macomb.

H. C. Agnew, the present state's attor- ney, is a member of the Macomb bar, also, and a sketch of him is given in that connection.

DARK DEEDS.

Several heinous crimes have been per- petrated within the limits of McDon- ough county. Among the most famous are the following:

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HISTORY OF MCDONOUGH COUNTY.

, MURDER OF JOHN WILSON.

Some time in 1829 or 1830 Elias Mc- Fadden, his son David, and son-in-law Wylie. McFadden, with their families came to McDonough county and made a settlement on the southeast quarter of section 1, of what is now Chalmers township. They are generally credited with being of a quarrelsome, overbear- ing nature, and nearly always in trouble with their neighbors. About the same time a man by the name of John Wilson settled on the adjoining farm. Wilson was a good-natured man, although gen- erally credited with being bold and fear- less, even to foolhardiness. These men were not long neighbors before the trouble began between them over some timber land lying near both of them. Threats passed between them, and finally, the necessity of killing Wilson having been seemingly settled on, all that was waited for was the opportunity. That this was a deliberate conclusion reached by these parties it is only neces- sary to point to the evidence, where it was shown that at the time of the mur- der, Wylie McFadden was in Rushville making inquiries of counsel there as to their liability should they kill Wilson if he trespassed on their land. Early in the month of November, 1834, there was placed in the hands of Wilson Mont- gomery, at that time deputy sheriff of the county, a writ of execution directing him to levy upon the property of Wylie McFadden to satisfy a judgment against against him, in favor of Henton and Robinson, merchants then doing busi- ness in Macomb. Montgomery, in the execution of his duty, called upon John Wilson to accompany him with his team,

that he might haul away some corn that it was his intention to seize under the writ. Apprehending no danger, Wilson agreed to go. On their arrival at the place they were met by Elias McFadden, the father, who engaged them in conver- sation. After a short talk he walked with them to the north side of the house, and when he had got them in proper range, David McFadden, who was inside of the house, shot down Wilson without a word of warning. Mr. Montgomery hurried off to town and gave the alarm, when a crowd of excited people at once proceeded to the scene of the murder, and found Elias McFadden coolly re- pairing a fence. A short search for Wilson now ensued and he was found not very far away from the spot by Joseph P. Updegraff and others in a dying condition. McFadden was at once arrested, and search was made for the then unknown murderer. Searching the house, a rifle was found in the corner near the north window unloaded; a pane of glass was found broken out of the window; a book lying upon the sill, and the sash and book both powder-marked. The question now arose who committed the deed. Wylie McFadden was sup- posed to be away, and David was not known to be near. Searching, footsteps were found leading from the house in the direction of the residence of David McFadden, who lived just across the hollow on the west side. Following the tracks they were led to the door of David McFadden's house; and going in they found him at work on a shoemaker's bench, as entirely unconcerned as his father, and acting as innocently as though no cold-blooded murder had

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taken place. He was at once arrested, and, in company with his father, brought to town and placed under guard, to await the result of the wound inflicted upon Mr. Wilson. Wylie McFadden, coming home the same evening, was likewise ar- rested.

. Mr. Wilson lingered some days before death ensued, but the wound was mortal, and there was no help for him. On his death a preliminary examination of the prisoners was held before James Clarke, a justice of the peace, and the evidence above being elicited, Elias, David and Wylie McFadden were committed to the county jail to await the meeting of the circuit court. On account of the enor- mity of the offense the- prisoners could not be allowed bail.

On the 15th day of November, 1834, the grand jury found a true bill of in- dictment against the three, and a few days afterward they were brought before the court; a change of venue was asked and granted, and two of the party, Elias and David, were taken the following spring (1835) to Rushville, Schuyler county, for trial. Wylie McFadden was discharged by the judge, there being no evidence against him .-

George Wilson, Alfred Evans, Nelson Montgomery, Joseph Updegraff, J. W. Brattle, Moses Henton, William J. Fra- zier, William Bowen, Daniel Bowen, Perry Keys and James Anderson were each placed under bonds of $300 to ap- pear as witnesses in the case.

In May, 1835, the case was called in the circuit court at Rushville, and Elias and David McFadden, father and son, were placed upon trial for their lives. Richard M. Young presided as judge.

Cyrus Walker, one of the ablest lawyers of this state, was the prosecuting attor- ney. Upon Judge Minshall, of Rush- ville, who was the counsel for the defense, depended the task of trying to acquit his clients, and, failing that, to mitigate the sentence as much as possible.

The trial lasted for several days; Mr. Walker exerted all his powers to weave around the murderers a chain of unim- peachable testimony. Judge Minshall defended in a most admirable manner, , doing all for his clients. that it was pos- sible for man to do, but without avail. The latter in his speech charged the judge, the attorney for the people, and the jury, also, of not prosecuting, but persecuting his clients.

As was expected, the jury brought in a verdict of murder in the first degree, and upon Judge Young devolved the . duty of pronouncing the sentence of death. This was done, and in due time, upon a scaffold, erected in a hollow near the city of Rushville, Elias and David McFadden paid the penalty for the crime committed.

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History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens, Part 37

Author: Publication date: 1885 Publisher: Springfield, Ill. : Continental Historical Co. Number of Pages: 1150

Author:
Publication date: 1885
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 1150