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 38
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The following verbatim copy of the death warrant of the McFaddens is in- serted in this place as a criminal curios- ity. It and the bill of costs and expenses are now on file in the court house in Macomb:
STATE OF ILLINOIS, SCHUYLER COUNTY
ss .
THE PEOPLE OF THE STATE OF ILLINOIS:
To the Sheriff of said county, Greeting. Whereas, Elias McFaden hath lately been indicted of the crime of murder by him done and committed in the circuit court of McDonough county and hath been arraigned tried and convicted in the circuit court of the said county of Schuyler, of the said crime in
341
HISTORY OF MCDONOUGH COUNTY.
due form of law; and whereas judgment hatlı been given in our said court that the said Elias McFadden shall be hanged by the neck until he is dead, aud that execution of the said judgment be made and done upon the said Elias McFaden on Monday, the sixth day of July, A. D. 1835, between the hours of ten o'clock in the morning and four o'clock in the evening of said day, at some convenient place in the vicinity of Rush- ville, in said county, in the usual manner of inflicting punishment in such cases; and whereas execution of said sentence remain eth yet to be · done: We therefore com- mand you that you take and convey the body of the said Elias McFaden in safe cus- tody to the place of execution on the said day between the hours aforesaid, and that you then and there cause execution to be done upon the said Elias McFadden in your custody, so being in all things according to the said judgment, and this you shall in no- wise omit at your peril and return of this writ as to the manner you execute the same.
Witness, the Hon. Richard M. Young, Judge of our Circuit Court, at [SEAL] Rushville, this third day of July, A. D. 1835.
HART FELLOWS, Clerk.
On the back of the paper, Sheriff Haydon made the following endorse- ment:
Executed the within as command- ed at 2 o'clock P. M. July 6th, 1835.
THOS. HAYDON,
Sheriff of Schuyler County, Ill.
For serving,
$5 00
Returning,
12}
Accompanying this is the following bill of costs, each item marked with an "x," probably indicating payment:
BILL OF COSTS.
List of persons acting as guard to the jail in Schuyler county during the confinement
of Elias McFadin, David McFadin and Wily McFadin:
From 31st May to 6th July in evening-
x Perry Keyes, two days and nights, No. 1. $ 2 00 x Elijah Hayden, 15 days and nights, No. 2 15 00
x - Hamilton, three days and
nights, No. 3 3 00
x Sam'l Green. 4 nights, No. 4. 2 00
x Gwynn } 2 night, No. 5. x Phillips 1 50
x C. Smith, 8 nights, No. 6 4 00
x Robert Points, 6 nights, No. 7. . 3 00
x Wm. N. Traner, 12 days and nights, No. 8 12 00
x-Davis, 1 day and night, No. 9. 1 00
x Wm. Boyd, 6 nights, No. 10. 3 00
x John G. Taylor, 3 nights, No. 11 . 1 50 x James Means, 4 nights, No. 12. 2 00
x Thomas Tyra, 4 nights, No. 13 . x John Green, 2 nights, No. 14 .
2 00
1 00
x Silas N. Jones, 6 days and nights, No. 15. 6 00
x Andrew Shiva, 1 day and night, No. 16. 1 00
x L. W. T. Owenby, 7 days and nights No. 17. 7 00
x Benjamin Gray, 4 days and nights, No. 18.
4 00
x Janus Taylor, 1 day and night, No. 19.
1 00
x-Bowen, one day, No. 20. 1 00
x Mex Mellrose, 2 nights, No. 21 1 00
x Wm. Clemens, 2 nights, No. 22 . 1 00
x Henry Mear, 2 nights, No. 23 . . 1 00
x Rufus Elsey, 4 nights, No. 24 . .. 1 00 x Furgason Graham, 4 nights, No. 25 2 00
x-Wampler, 1 day and night, No. 26 1 00
x William Munson, 4 days and nights, No. 27. 2 00
x John Norvel, 1 night, No. 28 . 50
x Christ. Johnson, 1 night, No. 29 . . 50
x Joseph Haskell, 1 night, No. 30 . . x George W. Penney, 1 day and
50
night, No. 31 . 1 00
x John Dougherty, 2 nights, No. 32. 1 00
x Theodore Laughlin, Į day and
night, No. 33 1 00
342
HISTORY OF MCDONOUGH COUNTY.
x Edwin Lougley, 2 nights, No. 34. 1 00 x Robert A. Brastleton, 1 night, No. 35 . 50
x Seeley Owen, 6 nights, No. 36 . . . 2 00
x Luke Owen, 7 days and nights, No. 37 . 7 00
x Wm. Hayden, 11 days and nights and one day, No. 38 . 11 50
Total . $102 10
I hereby certify that the above is a correct list of the names of the Persons standing Guard, and of the time of serving.
July 6. McDonough county Dr. to Thos. Hayden, S. S. C. Ill. for the. higher of waggon to hawlling prisoner to Gal- lows to be executed .. $2 00.
To hawling planck & timber for gallows 1 50
To making two shrouds . 1 50
To cords for hanging 1 00
To hawling corps 4 Miles in the country 2 00
. Gallows 12 00
Executing and returning 10 25
MURDER OF JAMES DYE.
On the evening of the 27th of May, ..
1854, it was reported that James Dye, a wealthy farmer living in the western part of the county, had been murdered. The neighbors of the deceased, assem- bled and on investigation it was found that the report was true. He had been killed while lying in bed. An inquest held upon the body by S. H. McCand -. less, county coroner, resulted in a verdict rendered by the jury, that the deceased came to his death by violent and unlawful means, and that by the hands of his wife, Rebecca Dye, assisted by two ac- cessories, David B. Burress and S. P. Ray. All three of these were arrested and thrown into the. county jail to await a proper hearing before the circuit court.
On the 10th of October, following, the case was laid before the grand jury, who found a true bill of indictment against all three of the parties, but when the case was called in the circuit court, then in session, a continuence was asked, and granted until the next term of the court. At this term a change of venue was asked that the case of Daniel P. Burress to the court in Warren county, and that of Mrs. Dye to Fulton county, both of which were granted. . There not being sufficient evidence against S. P. Ray, a nolle prosequi was entered, in his case, and he was discharged from custody.
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At the April term of the circuit court in Fulton county, Mrs. Dye was placed at the bar and plead "not guilty." The trial lasted nine days, and was probably the most exciting one that ever took place in that county. The court room was crowded at every session. The counsel for the prosecution, or the "peo- ple" as the court terms it, were among the ablest of this section of country, consisting of Messrs Goudy, of Fulton county; Wheat, of Adams; and Schofield and Mack of Hancock. No less able were those of the defense, Messrs. Manning, of Peoria; Kellogg and Ross, of Fulton; and Cyrus Walker, of McDonough.
William C. Goudy opened the case, in an able manner, for the people. A full account of this speech would be interesting, but space forbids its inser- tion here. He said to the jury: "You are called upon to discharge the most solemn duty that ever devolved upon man, in the discharge of which involved the life or death of a human being. The evidence they had to offer was purely circumstantial. No living being was
343
HISTORY OF MCDONOUGH COUNTY.
known who saw the inhuman crime com- mitted. But circumstantial evidence, in many cases, was better than positive testimony-the guilty mind always acts inconsistent with its innocence, and this marks out its own accusation. This is one of God's marks upon crime. To hunt out, follow up, and arrest a crim- inal are its daily uses. By its aid the police of our cities are constantly bring- ing to light and arresting the perpetrat- ors of evil deeds, who would otherwise continue their crimes unmolested. The prisoner before you is indicted for the. murder of her own husband. The de- ceased came to his death by a blow upon the head from an ax or hammer, or from a slung-shot in the breast, or from both. Three persons are named in the bill of indictment, but you have only to inquire as to the guilt of the prisoner before you. We expect to show acts and words between Burress and the prisoner that will show their connection with the mur- der, and bring to your mind uncontro- vertable evidence of the prisoners guilt. Should we do so, you have but one duty to yerform, and that we shall ex- pect at your hands."
The opening for the defense was made by Cyrus Walker, of Macomb, one of the most brilliant lights that illumed the bar of this county. His remarks were sub- stantially as follows, which will show the gist of the whole case:
"The arrangement has been made by the counsel for the defense that I should make the opening statement. I agree with the gentlemen that this is an im- portant case. You, gentlemen, are to de- cide a momentous question. The Em- peror of the Russias possesses no more
power over the life of his subjects than you have over the life of that lady. Her life is in your hands. You can hang her up between the heavens and the earth, or you can send her home to her chil- dren, from whom she has been torn by the iron rule of the law. You must ex- pect the case will be somewhat tedious; the issues involved are such it cannot be otherwise. That woman before you, whose life you hold in your hands, is ac- cused of an unnatural crime. The dif- ference between murder and manslaugh- ter has been fully and accurately stated to you by my friend, and it is in your province to find her guilty of either, if the evidence should thus convince you. Certainty, beyond a reasonable doubt, is required in all criminal cases-the law rejects preponderance. James Dye, the deceased, was a man between 70 and 80 years of age, He was married twice. By his first wife he had twelve children. Six years ago.he was married to the ac- cused, by whom he had three children, one at the breast at the time of his mur- der. On Saturday, the 27th of May last, he was found dead in his bed, shot through the breast, and his skull frac- tured just above the left eye. As is very natural in such a case, there was much anxiety to find out the perpetrators of the deed. Suspicion took the smallest cir- cumstance and magnified it; and the nat- ural disposition in every community to find out the cause-that restless, eager energy that seizes every point-directed attention toward the accused. I warn you, gentlemen, against such restless eagerness, against that suspicion that blights without investigation, and con- demns without proof. There is no con-
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HISTORY OF MCDONOUGH COUNTY.
test here, but as to who murdered Dye. James Dye was a large farmer, a hard working man. I am bound to do justice to the living. I must speak of the faults of the dead. The deceased was an hon- est, industrious man, but he sadly neg- lected the education of his children- their moral and intellectual training was unprovided for; while his great aim was to accumulate property. He had fre- quent quarrels with his sons, fights and law suits. These engendered a bitter feeling between them, which often led to violence. After the old man's death, the boys were active to show the prisoner's guilt-they charged her with the mur- der and hinted of circumstances to cast suspicion upon her. The old man died intestate. There was a large dower com- ing to the prisoner. They had various motives to induce them to be forward in settling opinions against the accused. Knowing their previous quarrels, they sought to divert suspicion from them- selves, and have sought every means to throw the guilt upon the prisoner. The prosecution has stated the rules of evi- dence. I wish only to add, as the enor- mity of the crime increases, so the char- acter of the proof should be more cer- tain. There never was a greater error committed than that from the pen of Dr. Paley, when he said that circumstantial · evidence could not lie. It was a fine theory, and having received the sanction of so great a mind, has been handed down as incontrovertible. One ounce of sober sense upon such a point is better than the speculative wisdom of the world. Remember, you are not to en- quire who murdered James Dye, nor, if she didn't, who did ? You are only to
decide as to the prisoner's guilt." This speech was considered one of his best efforts.
Some 80 or 90 witnesses who had been summoned were examined and cross-ex- amined. As outlined by the above re- marks of the attorney for the prosecution, it was endeavored to prove criminal in- tentions between Mrs. Dye and Burress, and that they, to carry out their designs, or to shield themselves, made way with the old man. They succeeded in making out a very strong case against the ac- cused. The defense, on the other hand, brought forward witnesses to prove the . good character of their client, showing how she many times acted as peace-ma- ker between the old man and his sons; how the old man regarded her as worthy of all confidence, giving her all the money she wished for, and making her his "banker," as he said; how that, in nature, he could live but a little while, and that his intention was to leave all his property to the accused and her chil- dren; that the supposed facts, as set forth by the prosecution, was entirely in- consistent with the state of affairs as they existed. The witnesses having been all examined and all the evidence laid before the court, the case was ably ar- gued by the opposing counsel with all the forensic eloquence that was at their command, and the case given to the jury, who, after being out some fifteen hours, brought in a verdict of guilty, but as at first they had stood four for acquittal, and eight for conviction, they compro- mised by sentencing the prisoner to five years in the penitentiary.
Mrs. Rebecca Dye was removed to the state penitentiary, but was pardoned out
345
HISTORY OF MCDONOUGH COUNTY.
by the governor of the state before the larger half of her sentence had been served, on account of uniform good con- duct; and on the recommendation of the warden of the prison. She returned to this county, and taking up her residence in Macomb, lived there until her death, which occurred in 1874.
KILLING OF WILLIAM H. RANDOLPH. - On the 1st day of November, 1864, oc- curred one of the most terrible tragedies recorded in the annals of McDonough county. In July of that year the presi- dent of the United States issued his proclamation for an additional number of men for the United States service; and further ordered that if the call was not complied with by volunteers within 50 days from date of said call, drafting should be resorted to. Each state in the Union was divided into districts and · sub-districts, and to each was assigned their just quota. A record of all enlist- ments heretofore made had been kept and each district properly credited with all volunteers reporting therefrom. Mc- Donough county was in the ninth dis- trict, and Captain B. F. Westlake, of Mount Sterling, Brown county, was made provost marshal. On the 15th day of June, 1863, William H. Randolph, of the city of Macomb, received the ap- pointment of deputy provost marshal, and was re-appointed September 28, 1864, commission to date from Septem- ber 15, 1864. About this time notice was given to the various sub-districts in the county that upon the 6th day of October, the draft for the townships of Eldorado, Emmet, Hire, Sciota, Indus- try, Bethel, Lamoine, Chalmers, Scot-
land, Mound, Walnut Grove and New Salem, would take place at Mount Ster- ling, and requested that committees should be appointed from each township to attend the drawing to see that it was fairly conducted. According to notice, the draft took place and a list of drafted men immediately forwarded to Captain Randolph. Upon that list appeared the name of John Bond, of Hire township. Mr. Bond was duly notified, and failing to report according to the statute made and provided, was considered a deserter, and it became the duty of Captain Ran- dolph to arrest him as such. Accord- ingly on the morning of the 1st day of November, 1864, he proceeded to Blan- dinsville for that purpose, arriving there a little before daylight. About sunrise, he met Bond in the saloon of Chris. Sappington, and to him he had come for him, and asked him to go peaceably with him to Mount Sterling. This Bond re- fused to do, saying that he would not go and fight for the niggers, and that the quota of his township was full, and it was unnecessary. Mr. Randolph told him he must go. Bond went out of the saloon, followed by Randolph, going over to the hotel of his brother James. Here they were met by Miles, another brother of John, who said to him, "Your horse is ready; it is time to take a ride." Mr. Randolph then placed his hand upon John's shoulder and told him he was his prisoner. Upon this, Bond drew his pistol, fired at Randolph, and then ran. The latter returned the fire, 'and followed him out the door, where they were again met by Miles, who also fired at him. Randolph then turned, and the Bond brothers jumped on their
.
. 346
HISTORY OF MCDONOUGH COUNTY.
horses and fled the country. Randolph was shot in four places, two mortal wounds being inflicted. He was taken to the house of a Mr. Hudson, where he died in about eighteen hours after being shot. Drs. Emery and Durant, of Blan- dinsville, and Jordan, of Macomb, were called in, and all that could be done for his relief was attended to, but all in vain. Coroner Sullivan held an inquest on the remains on the 3d of November, the jury. returning a verdict that he came to his death at the hands of John Bond and Miles Bond, aided by James Bond and Tyler Ray, and that the act was without sufficient justification. The next day, the 4th, the remains were taken to Macomb, and interred in Oakwood cem- etery, being followed to the grave by a large procession of sincerely mourning relatives and friends.
On the death of Mr. Randolph the citizens of the county offered a re- ward of $5,200 for the arrest of the four accomplices in the murder, viz : John Bond, Miles W. Bond, James Bond, and Attilla Ray. Of this amount Mrs. Randolph was to give the sum of $2,000. At the March term (1865) fol- lowing of the circuit court the grand jury found a bill of indictment against the four above named persons implicated by the coroner's jury. The indictment against Ray, we believe, was afterwards quashed.
As remarked, after having shot Captain Randolph, the Bonds fled the country, and the attempt made to capture them at the time was unsuccessful. Nothing reliable as to their whereabouts was learned by the public for several years. Frank E. Fowler, of Macomb, afterwards
of Galesburg, Illinois, then in the em- ploy of the government as United States detective, determined, if possible, to ef- fect their capture. The following is the account of the capture of Miles Bond, given by a letter from him:
"On Saturday, June 13, 1868, I ar- rested Miles W. Bond, near the town of Sonora, Hardin county, Kentucky, for the murder of deputy provost marshal William H. Randolph, on the first day of November, 1864. I had been on the track of Bond about three years, but when about ready to capture him 'he wasn't there.'
"Some three weeks before the arrest I located Bond at the above mentioned place, and proceeded to arrange for mak- ing his arrest, which had to be done very cautiously, as he had many relatives and friends watching my every movement. So I gave out that I was going to Massa- chusetts to visit relatives. The next you . heard was a telegraphic dispatch from Louisville, Kentucky, that the arrest had been made.
" On arriving at Louisville, Bond being a desperate man, I secured the co-opera- tion of an officer, and together we pro- ceeded to the place of capture. Bond had just left his house and was crossing the road, at about 5 o'clock in the morn- ing, when we came upon and immedi- ately seized him and clasped the irons upon him, without giving him any time to make the least resistance. He was immediately hurried off, and arrived in Macomb, Tuesday morning, June 16, 1868, just three years four months and fourteen days from the day of the mur- der.
"Since the murder, Bond has been
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HISTORY OF MCDONOUGH COUNTY.
347
wandering all over the country, his occu- pation being that of farmer, barber, mil- ler, carpenter, etc. He took his arrest as coolly as could be expected. At first he had not much to say, but before ar- riving at Macomb he became quite talk- ative, giving all the information in regard to his life since he left the county. He had been living under the name of Sam- uel S. Walker. Shortly after arresting him I called him by the name of Miles, his given name, and he remarked to me: 'That is the first time in over three years that anybody has called me by that name.' "
At the October term, 1868, the case of Miles W. Bond was called, and, on mo- tion of his attorneys, a change of venue was taken to Schuyler county, and his trial had at the May term of the circuit court of that county. L. W. James, pros- ecuting attorney, assisted by D. G. Tun- nicliff, C. F. Wheat, L. H. Waters and J. C. Bagby conducted the prosecution, while S. C. Judd, S. P. Shope, W. H. Neece, Robert Walker and Henry Metz appeared for the defense. A number of witnesses were examined on both sides, and the case ably argued by the attor- neys. The fact of the killing of Ran- dolph by the Bonds was clearly proven, and not denied by the defense; in fact, the defendant himself did not deny the charge against him, and in the trial of his brothers, John and James, some two years afterwards, at Macomb, swore to the fact. The attorneys for the defense made the following points: First, There is no record of a draft having been made. Second, At the time of the arrest of John Bond the draft was filled. The object of the conscript law was to raise soldiers,
and consequently the force and object of the law wås attained when the quota was full; after that the provost marshal had no right to arrest alternates who would have been dismissed if they had reported. Third, In attempting to arrest John Bond, he transcended his duties, and Bond was justified in resisting arrest. Fourth, Miles Bond, seeing the life of his brother in danger, by the law was justified in shooting his antagonist.
The case was ably managed upon both sides, and after a patient hearing, it was submitted to the jury, who brought in a verdict of "not guilty."
About the beginning of the year 1870, two men came to Macomb, having in charge John and James Bond, claiming to have captured them in Missouri, and claiming the reward offered for their apprehension. Doubt was entertained as to their story, it being generally be- lieved it was a "put up job," the Bonds desiring to surrender, and had arranged with these men to come and deliver them up and divide with them the amount of the reward offered. It was therefore refused, and they only received about $50 to pay their expenses.
. At the March term, 1871, the case of John and James Bond was called, but on account of the absence of two im- portant witnesses, the state's attorney, L. W. James, obtained a continuance till the next term. At the special term, held in July following, the case was again called, but in consequence of the sudden and violent illness of Captain B. F. West- lake, a material witness, a continuance was again granted to the people. At the September term all were found ready, and on Tuesday, the 26th day of
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348
HISTORY OF MCDONOUGH COUNTY.
the month, the trial began, Judge Sib- ley, of the Adams' district, presiding. Only two jurors were accepted out of the regular panel. Ninety-two others were summoned and examined before the twelve could `be obtained. On the completion of the regular number, the trial proceded. For the people appeared L. W. James, prosecuting attorney, as- sisted by C. F. Wheat and D. G. Tunni- cliff. The defense was represented by Messrs. Judd & Neece. The trial lasted for three days. Twelve witnesses were examined for the people, and five for the defense. Upon the points where both were examined there was no apparent difference in their testi- mony. The attorneys for the defense did not deny the fact of the killing, but based their whole argument upon the question of the illegality of the action of Mr. Randolph in the attempted ar- rest. They claimed that no such an officer as deputy provost marshal was recognized by the United States govern-
ment; that Mr. Randolph was acting without due authority, consequently he was a trespasser, and in laying his hand upon John Bond he committed an assault, and therefore the killing was justifiable in law. Mr. James, the prose- cuting attorney, showed from the evi- dence that Randolph was recognized by the government, that he received pay in the discharge of his duties; that Bond thought him an officer; that the com- munity all acknowledged his authority; and, even if authority was denied, the murder was not justifiable and could not be. The judge read quite a lengthy charge to the jury, and they retired about four or five o'clock in the after- noon. About four o'clock in the morn- ing word was sent to the judge that a verdict was agreed upon, when he imme- diately called the court to order. The prisoners were sent for, and at this un- reasonable hour a verdict of "not guilty" was rendered, and John and James Bond were allowed their liberty.
CHAPTER XV. 1
RAILROADS. .
No factor in all the world's machinery has contributed more to the onward stride of civilization than the building of railroads; before the rush of the iron horse on his road of iron and and steel, that which was desert wilderness. and
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