History of Mercer and Henderson Counties : together with biographical matter, statistics, etc, Part 88

Author: Mercer County Historical Society (Ill.); Henderson County Historical Society (Ill.)
Publication date: 1882
Publisher: Chicago : H.H. Hill and Co.
Number of Pages: 1424

USA > Illinois > Mercer County > History of Mercer and Henderson Counties : together with biographical matter, statistics, etc > Part 88
USA > Illinois > Henderson County > History of Mercer and Henderson Counties : together with biographical matter, statistics, etc > Part 88

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HISTORY OF MERCER AND HENDERSON COUNTIES.

offenses, awaiting trial. Most noted among these prisoners were Martin J. Hall and Frank Peasly, under several indictments charging them with burglary and other crimes. Less than two months before the August term of the circuit court, when their cases would stand for trial, Peasley and Hall laid a plan for escape. They succeeded in obtaining from some of the paupers, who had access to the outside of the windows of the prison, two table knives. With these they con- structed files, which they used successfully in sawing off the hinges of the heavy iron doors which secure the entrance to the cells, and on one Sunday, when the guard was small and unsuspicious of danger, they removed one of these iron doors, weighing 500 pounds, and by the joint action of all the prisoners they were enabled to use it as a battering ram, with such success that they broke down the door of the jail leading to the house, and through this escaped, and thus left the jail vacant.

Those on guard resisted to the extent of their power, but against such force of desperate men they were powerless. The prisoners scat- tered in different directions along the timber that skirts the banks of Henderson creek. Alarm was not long in reaching the county seat, when a vigorous pursuit was begun. Men on horseback, in wagons, on foot, armed with rifles, guns and revolvers, scattered in every direc- tion, and continued the pursuit until night set in and darkness and storms precluded further search. Before night, however, a portion of the gang had been captured and returned to their old quarters. The ringleaders in the breaking eluded pursuit. The next day one or two more were captured in Warren county and sent back.

The sheriff, J. Oscar Anderson, with his deputy, Truman G. Allen, showed themselves on this occasion to be able and efficient officers. They were in no wise at fault on account of the escape, but set them- selves to the task of capturing the fugitives with commendable zeal. Three of the prisoners were still at large, one of whom was not an important one, but Hall and Peasley were the ones that the people were anxious should be captured and brought to trial. They had been a source of trouble to the people, who felt that they could rest more securely as to their property if Hall and Peasley were securely behind the bars. A systematic search was kept up by our sheriff, who was leaving no stone unturned in his pursuit of the prisoners. For a long time no clew to their whereabouts was obtained, until at last Mr. Anderson, through his correspondents, learned that his men were in Nebraska. He at once started for that state, found and captured his men, and returned them safely to our county jail.

ERRATA.

Page 185, line 3, for "John" read "James." Page 203, line 5, for "1832" read "1830." Page 588, line 15, for "5" read "6." Page 670, line 19, for "L" read "S."

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NOTED CRIMINAL TRIALS. .

NOTED CRIMINAL TRIALS.

The first indictment for murder in Henderson county was at the May term of the circuit court, 1859. A dispute had arisen in regard to the possession of a flouring mill, and some altercations had taken place be- tween one Joseph Hollingsworth, the owner of the mill, and his son, who was a tenant, and rented the mill. This led to a personal encoun- ter between some parties at the mill and Addison Hollingsworth, the lessee of the mill. A warrant was issued by a justice of the peace in . Oquawka for the arrest of Enoch Hollingsworth and Jacob Yeider, an employe of Joseph Hollingsworth, the owner of the mill. David Welch, a constable, with his warrant, proceeded in the evening to the mill to make the arrest. Arriving there, he accosted the parties whom he found in the mill with light burning, as he entered the building, in a friendly manner, and informed them of his business. He was within a few feet of the two young men when one of them, without any provo- cation, raised his rifle and shot the officer through the hip. The wound proved fatal and Welch died in a short time. The parties were arrested and the grand jury at its next term found three bills of indict- ment against Enoch Hollingsworth, Jacob Yieder and Joseph Hollings- worth. The defendants were brought into court, and the case was removed by change of venue to the county of Mercer for trial. In that county the case was tried and Enoch Hollingsworth and Jacob Yeider were convicted and sentenced to imprisonment at Joliet, and Joseplı Hollingsworth was discharged. James H. Stewart, state's attorney, assisted by Charles M. Harris and Jonathan Simpson, appeared for the prosecution, and Hon. O. H. Browning and Eleazer A. Paine were for the defense. The next case of indictment for murder was that of Dr. Edward Lawrence, who in 1863 was arrested and charged with the murder of one Hunt, at Hopper's mills. The facts as they appeared in proof on trial, were that there had been a feud for some time existing between the parties, growing out of heated discussion of the war ques- tion. Hunt had made violent threats against the doctor of doing him bodily harm. They met in a hotel and the altercation was renewed, and Hunt made demonstrations as if to carry his threats into execution, when Lawrence drew his revolver and shot him, killing him. For this he was arrested, indicted and put on trial. After a protracted trial, Lawrence was acquitted by the jury. James H. Stewart, state's attorney, appeared on behalf of the people, and the late Judge Cyrus Walker and Jonathan Simpson defended the prisoner. In August, 1870, John Turner, alias Charles Coburn, was indicted for the murder of Frederick Watson, at East Burlington. He was indicted and tried at the August term, 1870, and convicted. His sentence was a term of 52

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ten years in the prison at Joliet. He was prosecuted by James A. Mckenzie, state's attorney, John J. Glenn appearing for the defense.

At the March term, 1870, of the circuit court, an indictment was preferred by the grand jury of the county against Daniel MeCue, John De Hague, and Warren Park, for the killing of an unknown man, in the vicinity of Ellison creek. It seems that some years after the time of the alleged killing, a skeleton was discovered in an old cistern near Hopper's mills, and by some means suspicion fell upon the persons above-named. After the arrest of the defendants McCue was arraigned . and plead not guilty. He was at that term of court put on trial, and the case submitted to the jury, who, after a short consultation, returned a verdict of not guilty, and the defendant was discharged. On this trial J. A. Mckenzie, state's attorney, appeared for the people, and Col. James W. Davidson for the defendant. The case of Warren Park was sent by change of venue to Warren county, where on trial he was acquitted. The case of John De Hague, the other defendant, was re- moved by change of venue to Knox county, where, after a protracted trial, the defendant was acquitted by the jury. In this case, in Hen- derson county, J. A. Mckenzie and Jonathan Simpson were for the people, and Charles M. Harris for the defendant. That one of the most brutal murders that has ever stained the history of this state, was com- mitted in the killing of this unknown man, none have ever doubted, but the verdict of the jury exonorated the persons charged with the foul deed, and the real facts and particulars of the case remain to-day unknown, as well as the actual perpetrators of the crime.

In 1871 a serious difficulty arose between Joseph B. Johnson and a man by name of Ewing, near the town of Terre Haute, in township S, range 5 W., which resulted in the killing of Ewing by a shot from a revolver. For this Joseph Johnson was arrested and held to bail in the sum of $3,000. A few nights afterward, Ewing having died, an officer with a warrant for the arrest of Joseph B. Johnson, John T. John- son, his brother, and Thomas Johnson, their father, on the charge of murder of Ewing, proceeded, assisted by a posse, to the house of the elder Johnson, to make the arrest. Arriving there after night set in, the officer and his assistants approached the house, as appeared from the evidence afterward, in a boisterous and tumultuous manner, and demanded entrance. The Johnsons claimed that they feared it was a. mob. and refused to open their doors. After much parley and noisy demonstration, shots were fired both from the outside and in the house. Thomas Johnson was dangerously wounded by a bullet through his breast; one of the posse was killed and another badly wounded. The officer and his men then retreated and waited for daylight. In the

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morning the officer returned with a great crowd, and all the inmates of the house were arrested, and the men sent to the county jail, except Thomas Johnson, and the women left under guard.

At the March term, 1871, of the circuit court, Thomas Johnson and Joseph B. Johnson were by the grand jury indicted for the killing of the persons as above stated. They both had their cases removed by change of venue to Warren county, when Joseph Johnson was dis- charged. Thomas Johnson was put on trial and after ten days exam- ination of witnesses a juror was taken seriously sick, and the jury dis- charged. At the same term of court the case was sent by another change of venue to McDonough county, as Judge Smith, who presided at the trial, became an important witness. In 1873 the case was tried before Judge Higbee and a jury at Macomb, and resulted, after a pro- tracted trial, in the acquittal of Mr. Johnson. In this trial the people were represented by J. A. McKinzie, John J. Glenn, and Mr. Wheat, and the defendant by Col. Robert G. Ingersoll, Jonathan Simpson, J. H. Stewart, and Col. J. W. Davidson. William Lee was indicted at the March term, 1876, of the circuit court for the murder of Jessie McCarty, the previous fall, at East Burlington, by beating her to death and throwing her body into the river. Lee was arrested and confined in jail until his indictment. The court appointed a special term of court for the month of April following for his trial. At the time of his arrest and indictment the body of his victim had not been found, but a few weeks before the trial was to take place the body was found and fully identified. At the trial the most intense interest was manifested, the court room being crowded by the excited people, who seemed to fear that the prisoner would in some manner escape that justice they believed should attach to his fearful crime. He was, after a hotly contested trial, convicted, the jury finding, as a part of their verdict under the law, that the defendant should suffer death. Judge Smith sentenced him to be hung on the 16th day of June at the county jail. The day arrived and the town was filled to overflowing with persons attracted hither by a morbid curiosity to witness the death penalty inflicted upon a fellow being. The sheriff of the county, George Bell, executed the order of the court by hanging Lee at the time appointed by the court. In this case J. H. Jennings, state's attorney, and J. H. Stewart appeared for the people, and Jonathan Simpson for the defense.

Larry O'Neil who had been indicted with Lee, as accessory to the murder of Jesse McCarty, was, in August, 1876, tried and acquitted. At the same term Charles Stiltz, of Sagetown, was indicted for the murder of his wife by stabbing her with a table knife. Being put on

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trial before a jury, they by some strange process of reasoning found the prisoner not guilty. The proof, to the minds of most persons that attended, was very strong, yet he was acquitted, but was constrained to feel that Henderson county was not a healthy location for him, and he left the county for the county's good. J. H. Jennings, state's attorney, and Jonathan Simpson appeared for the people, and Raus. Cooper for the defendant.

July 4, 1877, a young man was killed at Carman by a pistol shot. and Jesse Asher, a young man living in the country near Carman, was arrested for his murder. In March, 1878, he was put on trial on an indictment charging him with the offense. After a warmly contested trial the defendant was convicted of murder in the second degree, and sentenced to confinement in the Joliet penitentiary for the term of ten years. He has since been pardoned by the governor. J. H. Jen- nings and Raus. Cooper appeared for the people, and J. II. Stewart, Jonathan Simpson and I. M. Kirkpatrick for the defense.

On June 11, 1867, John H. Cooper was shot and killed by one Jack Galligher, on the bank of the river just above the town of Oquawka. Galligher, Richard Willitts, and William Cunningham were, at the August term of the circuit court, indicted by the grand jury for the murder of Cooper. A change of venue was had for Willitts and Cunningham to Mercer county, where their cases were dismissed, there being no prosecution. Galligher obtained a continuance to the following term, when a trial commenced. After nearly two days spent in endeavoring to empannel a jury, four only were obtained. The attorneys for the defense advised the defendant to withdraw his plea "not guilty," and plead guilty, as by an oversight in the legislature in amending the law in relation to murder trials in 1867, there was no provision empowering the court to pronounce the death penalty, in cases of a plea of "guilty" by the prisoner, but could only sentence him to the penitentiary. This the prisoner did, and Judge Smith sent the prisoner to Joliet for a term of twenty years. He was pardoned by the governor some years ago. In this trial J. A. Mckenzie prose- cuted on behalf of the people, and Jonathan Simpson and John J. Glenn appeared for the defendant.

In March, 1871, John Thompson was indicted for the murder of James Huggins, at Raritan. He was arraigned for trial in the Hender- son circuit court, and pleading not guilty the venue of the case was changed on, his application to Warren county, where on trial there appeared to be no extenuating circumstances in the case and he was convicted and sent to Joliet for thirty-three years. J. A. Mckenzie,

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OQUAWKA TOWNSHIP.

state's attorney, appeared for the people, and J. Simpson for the defense in Henderson county.

April 16, 1874, Emma J. Watson a beautiful young lady living in the family of Judge R. W. Richey, at Oquawka, disappeared mysteri- ously in the night time. Her friends sought for her without avail, no clew being found as to her fate until some two weeks afterward her body was found floating in the river in front of the town. An inquest was held by the coroner and a conclusion reached that she had been murdered by some one. The coroner caused the arrest of Dennis Welch, a drayman in Oquawka, and another man, on the charge of murder. On a hearing before Judge Smith the latter was discharged and Welch committed for trial without bail. He remained in jail for a year when he was tried in the Henderson circuit court, and acquitted. The case presented many singular features, and is still shrouded in mystery. . That the girl was murdered none can doubt who are cog- nizant of the facts as they appeared in the trial of the case, but the crime as yet has not been legally brought to the door of any one. On the trial, J. H. Jennings, state's attorney, assisted by James II. Stewart, appeared for the people, and Jonathan Simpson defended the prisoner.

July 4, 1880, Stephen S. Phelps, son of S. S. Phelps, of Oquawka, was shot and killed at Sagetown, on the railroad platform, by one Archibald Toup, who was arrested and tried in the Henderson circuit court, on an indictment charging him with murder. He was convicted and sentenced to imprisonment at Joliet for a term of ten years. On this trial J. H. Jennings, state's attorney, and Jonathan Simpson ap- peared for the people, and Stewart & Phelps for the defendant. This closes the list of murder trials in Henderson county. It is a dark picture for a county of so small a population. A most remarkable case of justifiable killing occurred at the residence of I. J. Brook a few years ago, in which two men lost their lives and others were wounded seriously. As a full account of this affair will appear in this volume, under the head of T. 10 N., 5 W., we shall omit giving the account here.

OQUAWKA TOWNSHIP.

In 1827 the Indians had not yet departed from their hunting grounds eastward of the Mississippi. The Sac and Fox tribes had first received the recognition of the United States in 1787, at Fort Harmer, by Gov. St. Clair, wherein the government guaranteed them

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HISTORY OF MERCER AND HENDERSON COUNTIES.

its protection. It will also be remembered that President Jefferson instructed Gov. William H. Harrison, in 1804, to make efforts to secure a treaty with these tribes. A treaty was concluded that same year, by which the Indians relinquished all their beautiful lands on the Rock river. The seventh article of that treaty allowed the Indians to remain and occupy this country as long as it remained the property of the United States. It was not till 1816 that the famous Black Hawk recognized that treaty, when, as he himself said, he touched the goose quill to the paper in its confirmation. The encroachments of the whites, and their tricks, cruelty and inhumanity practiced on the ignorant savage, occasionally aroused that passion for vengeance that sleeps in the breasts of all men, civilized or wild, and brought devasta- tion to the field and slaughter in the families of the early squatter, as well as to the permanent and goodly inclined pioneers.

It was not until 1829 that these lands were brought into market. In 1830 a third treaty was concluded by which the Indians agreed to cross over the Mississippi peaceably and amicably, to make their future homes a little nearer the setting sun. The reader can compre- hend from the foregoing what were the attractions, as far as society is concerned, on the banks of the Mississippi river in 1827. No one for company save now and then the startling presence of a red man whose eye and manner and picture-tongue enquired,

" And who be ye who rashly dare To chase in woods the forest child, To hunt the panther in his lair, The Indian in his native wild ?"

Three spots on the east bank of the Mississippi were well known to the natives ; that which is now the site of New Boston, named by them Denison's Landing, or Upper Yellow Banks, and the present site of Oquawka (Oquawkiek), signifying Lower Yellow Banks, and a third, south of Keithsburg about three miles, Middle Yellow Banks. Like all Indian language the name is the picture of the object. The river, in times gone by, probably occupied a far more extensive bed than at present. Its waters washed the bottoms now luxuriant in growing wealth. At the three places mentioned the waves in their anger and at their play had piled the yellow sands, and, receding, left them islands, as islands are formed in these years in the present bed of the river. As drainage has progressed the river channel has lessened to its present comparatively narrow limits. All these mutations of time have wrought in the banks mentioned. Oquawkiek, or Lower Yellow Banks, must occupy the few pages allotted.

In 1827, fifty-five years ago, love of peace and tranquility of home

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prompted Dr. Galland to leave civilized surroundings and seek a habi- tation free from those crosses that are so often curses to the more enlightened family, coneluding, like Byron, that

" There is a pleasure in the pathless wood, There is a rapture on the lonely shore. There is society where none intrude By the deep sea, and music in its roar."

Here, not far from the banks of the river, Dr. Galland erected a cabin and began a little trade with the Indians who were at this time friendly toward the whites if treated as they supposed rightly. How exten- sive his trade was cannot be said. In the fall of 1828 he sold his interest to S. S. Phelps, and afterward sought a home elsewhere.

S. S. Phelps, while yet a youth, with a small stock of goods fur- nished by his father, Stephen Phelps, then of Lewistown, Fulton county, Illinois, began a somewhat limited traffic with the Indians. In his journeys into their country, he found Dr. Galland at Lower Yellow Banks in the fall of 1828. He purchased as above stated. In the spring of 1828 James Ryason came up the Mississippi river and landed here. He soon departed for Galena, but in the following fall returned arriving four days after Mr. Phelps' arrival. Mr. Ryason laid claim as far as possible to a piece of land in what is See. 3, T. 10 N., R. 5 W. He remained chopping during the winter and in the following summer raised a erop. He then went for his family, returning with them soon after. Mr. Ryason belonging to a different precinct, will be fully noticed there. Mr. Phelps continued his operations with the Indians. A stock of goods was kept in the log cabin built by Dr. Gal- land. This became an extensive trading post under the firm name of S. Phelps & Co., the individuals being Stephen Phelps and his sons, S. S., Myron, and Alexis. The parent and Myron remained in Lewis- ton in business there ; Alexis went to Galena, where he became a suc- cessful miner. In 1830 he joined his brother at Yellow Banks and the two were associated for many years. Alexis spent most of his time in the store, while Sumner loved to be with the Indians, with whom he formed an undying friendship. We refrain from speaking of him to any extent here as his history is to be found further on. The two brothers were the sole proprietors of the post under the firm name of A. & S. S. Phelps. Their merchandise consisted largely of tobacco, clay pipes, beads made of clay, trinkets, whisky, etc., also prints of a flashy, high colored character, as these were most acceptable to red men. A small amount of goods would satisfy the Indians for valuable furs, which were mostly taken in exchange. To illustrate the confi- dence the Indians came to put in Mr. S. S. Phelps, the following

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anecdote is told. A certain gentleman in quite an early day noticed a canoe approaching. He found an Indian with furs to sell, among which was a very fine otter. As he came to the shore this gentleman offered him some silver, but was answered, "Not enough," or its equivalent. Half dollar after half dollar was added to the amount until $S was offered, when the Indian positively refused to sell till Mr. Phelps had been seen. Soon Mr. Phelps appeared at the river and with a piece of flashy print, etc., to the amount of ninety cents, bought all the furs and afterward sold the otter to the former gentleman for $2.50. It is said the natives became more shrewd in later years in their trades and acquired a fair knowledge of the value of merchandise. The years of 1831-2 were generally stirring times along the Mississippi river, but Mr. Phelps was not molested. Black Hawk and his warriors were met · by White Cloud, who came to strengthen the war feeling, opposite Yellow Banks. In the latter part of April Gov. Reynold's army reached Oquawka on the way to the scenes of Indian trouble, known as Black Hawk's war. Arrived at Yellow Banks the army rested awaiting provisions from St. Louis. Col. March not arriving, three men were sent to Rock Island for provisions, as the army supply was exhausted. In the year 1832 a block house was built at Yellow Banks in anticipation of danger, but no trouble came. The scene of conflict was far to the north and east. It is due to Yellow Banks also to say, according to Charles Sargeant's story, an Indian who had married a Kickapoo maiden and was friendly to the whites in war times, known to the settlers as "Red Blanket," lived at Yellow Banks, and that he it was who went in the night and apprised the settlers of Farmington of approaching danger from Black Hawk.

In 1831 John McKinney, then of Kentucky, made a tour of inspec- tion, voyaging on a steamboat up the Mississippi to Yellow Banks. In the following March (1832) he moved his family here. The day he landed was gloomy and rainy. The Phelpses were living in a double cabin. Arrangements were made for lodging for the family. Mr. Mckinney's family consisted of self, wife, and two small children. The Phelpses and the Mckinneys lodged in one apartment, while in the adjoining room were a number of Indians, who kept punching the fire, vociferating and singing continually till morning; so that while children could sleep in their innocence, Mr. MeKinney passed a wake- ful night. Mr. Phelps is said to have been better satisfied when Indians were present at his home. Mr. Phelps owned a pony and Mrs. Phelps had a side-saddle. These were loaned to Mr. Mckinney as a conveyance for the family, while he walked, and all started for Seth Oaks' (Mckinney's brother-in-law), east of the Henderson river.

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OQUAWKA TOWNSHIP.

Arriving at the Henderson river, it was found to be much swollen. The family dismounted ; the saddle was taken from the horse. A tree had fallen over the river, with the top to the east. Mr. MeKinney walking this log, carried the children over the river, led his wife as she walked over, and, walking himself, he led the horse, which swam safely to the other side; then all was made ready and the journey resumed and finally finished. He afterward secured his goods hauled to the river, then had them canoed over and conveyed to the proper place.

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History of Mercer and Henderson Counties : together with biographical matter, statistics, etc, Part 88

Author: Mercer County Historical Society (Ill.); Henderson County Historical Society (Ill.) Publication date: 1882 Publisher: Chicago : H.H. Hill and Co. Number of Pages: 1424

Author: Mercer County Historical Society (Ill.); Henderson County Historical Society (Ill.)
Publication date: 1882
Publisher: Chicago : H.H. Hill and Co.
Number of Pages: 1424