USA > Illinois > Winnebago County > Rockford > History of Rockford and Winnebago County, Illinois, from the first settlement in 1834 to the civil war > Part 18
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When the hour for execution arrived, about one hundred and twenty men were drawn up in a line, in single file. This line was divided in the center. John Driscoll was led out by Captain Pitcher, in full view of his executioners. He was made to kneel ten paces in front of the west half of the line. His eyes were blindfolded, and his arms pinioned behind him. At the signal, every gun, save one, was fired in a single volley. John Driscoll fell forward on his face without a struggle or groan, or the apparent movement of a muscle.
William Driscoll was then brought out and placed at the same distance before the center of the other half of the line. He was blindfolded, pinioned, and made to kneel upon the ground. As Judge Leland counted three, the volley of more than fifty guns was as the sound of one. William Driscoll was dead. Thefather and son fell about forty feet apart. A grave was dug between them, about two and one-half feet deep, and four feet wide. The old man was first taken and placed in the grave, without coffin or shroud ; and then the son was laid by his side. Their caps were drawn over their faces, and thus they were buried, without
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
the presence of a mourning friend. Mr. Chaney assisted in car- rying the elder Driscoll to the grave, and discovered that the bones of his head were literally broken to pieces, and the region of the heart perforated with bullets. In William Driscoll's vest front were found forty bullet-holes. After their execution one of their guard stated that William Driscoll in his prayer confessed he had committed five murders, and prayed to beforgiven. Itis said that just before he was led out to die, William called his brother Pierce and said : "They are going to kill me, and I want you to take that money of mine that is hid and give my children a lib- eral education, and spend it for their support until they become men and women and grown. There is a plenty of it." Pierce expressed his willingness to do so, but said: "I don't know where your money is; you have never told me." William tried to tell him, but exclaimed : "O my God! I can't do it!"
A strange sequel occurred many years later. The farm that had been owned by William Driscoll became the property of a man named Byers. One day in autumn, while he was thresh- ing, three men came on horseback and entered the grove west of the house. After surveying the premises, they located a spot and began digging. Byers ordered them to stop, but he was confronted by a revolver and an order to return and mind his own business. After their departure, Byers went to the spot and found a hole which they had dug in the ground, and beside it a small empty box, and at the bottom of the hole the mark and place from which the box had been dug. No explanation was ever found. A reward of five hundred dollars was offered in August, 1841, for the capture of David and Taylor Driscoll, by a committee of the citizens of Ogle county.
David Driscoll never returned. It was reported that about two years after the murder of Campbell; he was shot dead in Iowa by a sheriff who was attempting to arrest him. Taylor Driscoll was indicted for the murder of Campbell, and kept in different jails nearly two years; and by changes of venue and confusion of witnesses, he was at length given his liberty.
Throughout these strange proceedings the Regulators were sustained by the ablest lawyers and best citizens throughout the country. "Doctors and scholars, ministers and deacons" regarded this terrible example of lynch law as a public neces- sity. One notable exception to this general public sentiment was the Rockford Star. In its issue of July 1, 1841, its editor, Mr. Knappen, denounced the lynching in severe terms. He also
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A FAMOUS INDICTMENT.
published in the same number of the Star a communication of similar import, signed Vox Populi, said to have been written by Jacob Miller.
Some months after the execution of the Driscolls, the mat- ter was brought before the attention of the grand jury in Ogle county. Judge Ford then resided at Oregon, and it is said this action was taken at his suggestion. At the September term of the circuit court, indictments were found against one hundred and twelve citizens. Among these were four Chaney brothers, Richard, Phineas, Osborn and Ralph, three of whom became residents of Rockford; and Horace Miller, Jason Marsh and Charles Latimer, of Winnebago county. The case was called for trial at the same term of court. Judge Ford presided, and Seth B. Farwell appeared for the people. Some of the jurors were under indictment for complicity in the affair. Several witnesses were called, and pleas made; and without leaving their seats the jury returned a verdict of "not guilty." No one expected a conviction ; but it was considered desirable to have the matter settled according to the regular form of law. Thus closed the trial of the largest number of defendants ever indicted under one charge at one session of a grand jury known to the judicial history of this section.
CHAPTER XXXVI.
ROBBERY OF M'KENNEY AND MULFORD .- COLONEL DAVENPORT.
TI "HE execution of the Driscolls was only the beginning of the work of extermination ; although it was the sole instance where such desperate measures were considered necessary to accomplish their purpose. Robberies and murders continued, and the people lived for years under a literal reign of terror.
September 19, 1843, the store of William McKenney, near the site of 318 East State street, in Rockford, was robbed of a trunk containing nearly twelve hundred dollars. Bradford McKenney, his brother, who slept in the store at the time, gives a vivid account of the robbery in Mr. Thurston's Reminiscences. The narrative, in its use of adjectives and interjections, requires some revision in order to make it conform to the canons of good literary style. The robber, in his hasty flight, left eight dollars in silver, in the trunk. The next day several dollars were found at another place ; and the next spring James Gilbert found sixty-two dollars only a few rods from where the trunk was rifled of its contents. A reward of two hundred dollars was offered for the apprehension of the thief and the recovery of the money ; but he was an expert, and eluded capture.
The community was startled two weeks later by another bold depredation. Monday evening, October 2, one of the four- horse coaches belonging to Frink, Walker & Co. was robbed four miles from Rockford, while enroute to Chicago. It is said the baggage of the passengers was stolen from the rear of the coach while in motion, and that the fact was not discovered until its arrival in Newburg. The next morning the trunks were found a few rods from the road. They had been broken open and all property of any value had been taken. A plan had been laid to secure a large amount of money which had been on deposit in the land office at Dixon, and this was the object which it was intended to accomplish by the robbery of the stage coach at this time. It wasknown that a considerable sum of money, which had been received from the sales of public
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WILLIAM MULFORD ROBBED.
lands, was on deposit at Dixon, and was about to be removed. A leader of the banditti had asked the receiver when he intended to go to Chicago, where the deposit was to be made. The receiver was a prudent man, and his suspicions were aroused. He therefore replied that he would leave Dixon one week later than he really intended to start; he thus baffled the plot of the robbers. The Rockford Forum, in commenting on this affair, said : "What renders these transactions still more exciting is, that they are performed by those who are perfect scholars in the business movements of the town." No immediate elue to this robbery was obtained.
In November, 1844, William Mulford, residing on his farm in Guilford, four and a half miles east of Rockford, on the Cherry Valley road, was robbed of five hundred dollars in money. It had been falsely reported that Mr. Mulford had received about fourteen thousand dollars a short time before; and this rumor had reached the robbers. October 28th a man who gave the name of Haines called on Mr. Mulford and professed to be in search of employment. His real purpose was to obtain money by other means than honest toil ; and he had come to look over the premises. On Saturday, November 9th, about eight o'clock in the evening, three masked men, armed with pistols, knives and clubs, forced an entrance into the house. The leader ordered Mr. Mulford to sit down. He then took the candle from the table, cut it into three pieces, lighted them, placed one in each of the two windows, and with the third he began his search of the house. With the most direful threats the family were forced to submission. The keys to the bureau drawers were demanded. They were told that they were in the stable behind the horses. This was a ruse to give Mr. Mulford an opportunity to reach his rifle in another part of the room. When the men went to the barn he attempted to reach the gun, but another man, who had been stationed at the door, held a pistol close to his head and ordered him to desist. The robbers could not find the keys in the barn, and returned in a rage to the house. They swore they would "chain the old devil," and set the house on fire, and by that time they would tell where the keys were. Mrs. Mul- ford imagined she heard the clanking of chains, and told the robbers where the keys could be found. They unlocked the drawer and found the money in an envelope, just as it had been taken from the bank. One of the gang was identified as Haines,
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
who had called in search of employment. It was subsequently learned that two men, armed with rifles, stood outside, and for their benefit the candles were placed at the windows.
The long period of border brigandage reached its climax in the murder of Colonel Davenport. On the western shore of Rock Island, overlooking the main branch of the Mississippi, and facing the Iowa side, fifty-five years ago stood a beautiful residence. For more than thirty years it had been the home of Colonel George Davenport. He was generally esteemed for his generous impulses and social qualities. His wealth had been acquired as an Indian trader. Governor Ford gave him the credit of being the author of the life of Black Hawk which pur- ported to be the Autobiography of the old warrior.
On Friday, July 4, 1845, Colonel Davenport's family joined the people of the Illinois mainland, in an observance of the national holiday. While alone in his parlor, Colonel Davenport was assaulted by three men, blindfolded, pinioned and dragged up a flight of stairs to a closet containing an iron safe. The robbers obtained between six and seven hundred dollars in money ; but they were not satisfied, and demanded more. The old man pointed with a feeble hand to a dressing-table. The murderers missed the drawer containing the money, and opened another, in which they found nothing of value. Believing that their victim intended to deceive then, they beat and choked him until he became unconscious. They revived him by dashing cold water in his face, and again demanded more money, with the same result. They then threatened to "fry him upon coals of fire" if he did not disclose the hiding-place of his money. The old Colonel fell back exhausted, unable to answer. After his assassins left he regained consciousness, related the circum- stances of the assault, and died about nine o'clock of the same evening.
Thus far the perpetrators of these bold outrages had eluded capture. But Nemesis was on their trail; and in due time she will summon a cloud of witnesses to bring them to justice. In the spring of 1845 Charles West, of Lee county, was arrested for the robbery of a peddler named Miller, and a portion of the goods was found in his possession. West was committed to jail at Dixon, and during his confinement he proposed to turn state's evidence, and disclose all he knew concerning his confed- erates. It was an instance where "the devil was sick, the devil
185
TRIAL OF CHARLES OLIVER.
a monk would be." His proposition was accepted, and West made what he professed to be a full confession, and declared that Charles Oliver and William McDole, of Rockford, were members of the band. He also gave the names of the outlaws who committed the robberies at McKenney's store and Mulford's farm-house.
This startling intelligence soon reached Rockford, and cre- ated great excitement. Upon thestrength of West'sstatements, Oliver and McDole were immediately arrested, and an officer was dispatched to bring West to Rockford, to give his testi- mony at their examination. Oliver and McDole were given a hearing about the 7th of June. West testified that he was at Oliver's house about a year before, when the plans of the gang were discussed in detail. McDole and Sutton were also present at the same time. MeDole and Oliver talked about a pal named Burch in connection with the McKenney robbery. McDole dis- covered where the money was kept, and Burch entered at the window and obtained the booty. In the proposed raid upon Mr. Mulford, Oliver and McDole were to ascertain the situation of the house, and Burch and one or two others were to get the money.
Such, in brief, was the testimony given by West. His story was generally believed. Oliver and McDole were required to give bail in the sum of fifteen hundred dollars each, for their appearance at the next term of court; in default of which they were committed to prison. A few days later Bridge, one of the leaders of the banditti residing in Oglecounty, was arrested and placed in jail at Rockford. A guard was necessary for some time, for their protection.
The trial of Oliver began in the circuit court August 26, 1845. His indictment was for receiving money stolen from Wil- liam Mulford, in November, 1844. Hon. Thomas C. Brown was the presiding judge. The jurors were : Giles Mabie, Calvin Has- kell, J. Heath, Jr., George Dixon, Phineas Howes, Ezra C. Tracy, Asa Farnsworth, Asa Crosby, Andrus Corbin, Harvey Higby. There was an unusual display of legal talent. The district attorney was James M. Loop. He was assisted by Thomas D. Robertson, Jason Marsh, James M. Wight. and Miller & Miller. Martin P. Sweet, of Freeport, and M. Y. Johnson, of Galena, were the counsel for the defendant. Among the witnesses on the stand were: William Mulford, Charles H. Spafford, G. A. Sanford, D. Howell, E. S. Blackstone, William J. Mix, of Oregon,
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
Charles West, of Lee, and S. C. Fuller, the jailer. The last named witness testified that the prisoners tried to bribe him to furnish them with brace and bits so that they might effect their escape. Each offered Mr. Fuller fifty dollars at first, and then increased the sum to five hundred. During the trial Oliver was defiant, and confident of acquittal. But since his arrest Retributive Justice had been forging another chain of convicting evidence.
During the summer Jason Marsh had received a letter from the warden of the penitentiary at Jackson, Michigan, to the effect that a prisoner in his charge knew about the robbery, and was willing to testify. Mr. Marsh went to Michigan and found the prisoner to be Irving A. Stearns, who had formerly resided in this county, and who had left the state soon after the robbery. He had been convicted of some crime in Michigan and sent to the penitentiary. Mr. Marsh pretended not to rec- ognize Stearns; but told him that he wanted to know what he had to say upon the subject, and that he would know if he told the truth. Mr. Marsh found the testimony of the prisoner very important, and communicated the facts to the governor, who gave to Mr. Marsh a conditional pardon for Stearns. The pris- oner's communications to Mr. Marsh, however, were made without any promise of consideration whatever. Mr. Marsh returned to Rockford, and at the time for the court to convene, he sent for Stearns, and upon his arrival he was placed in close confinement until he was wanted in court. Oliver knew nothing of these facts. When the name "Irving A. Stearns" was called as a witness for the people, Oliver was startled, and sat crest- fallen by the side of his counsel. Courage and hope had fled together. Stearns testified that the secrets of the Mulford rob- bery had been given by Oliver, and that Oliver had offered him some of the stolen money in exchange for a horse. His evidence was straightforward, and a rigid cross-examination failed to weaken it at any point.
The case was given to the jury Saturday afternoon. The jury was out an hour and a half, when it returned with a ver- dict of guilty, and a sentence of eight years' confinement in the penitentiary. Thus terminated the most exciting criminal case ever tried in Winnebago county. The case was managed with great ability on both sides. The argument of James Loop and the exploit of Jason Marsh have become familiar traditions of the local bar of the olden time.
Bridge took a change of venue on all his indictments to Ogle
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CONVICTION OF McDOLE.
county. When his case was called he plead guilty, and was sentenced to the penitentiary for seven years. McDole's trial began November 26, 1845, and the case was given to the jury December 1st. After an all-night's session the jury brought in a verdict of guilty, with a sentence of seven years in the peni- tentiary. The attorneys for the state were Marsh & Wight, Miller & Miller, and T. D. Robertson. McDole was defended by John A. Holland, Grant B. Udell, of Rockford, and Martin P. Sweet, of Freeport. The court ordered that one month of the term of imprisonment be spent in solitary confinement.
John Long, Aaron Long, and Granville Young were exe- cuted at Rock Island in October, 1845, for the murder of Colonel Davenport. This execution practically completed the work of extermination which had been begun by the Ogle County Regu- lators on Tuesday, June 29, 1841.
Burch was indicted for the murder of Colonel Davenport. He took a change of venue to another county, and made his escape from jail. The three Aikens brothers died as they had lived, although they escaped the penitentiary. Bliss, Dewey and Sawyer, confederates in Lee county, were sent to the peni- tentiary. Bliss died in prison. The way of the transgressor is hard.
The Prairie Bandits, written by Edward Bonney, is a stir- ring tale of those early days. Bonney was a newspaper man, whodid some detective work. His book was first printed about fifty years ago, and there have been several subsequent editions.
CHAPTER XXXVII.
TRANSPORTATION : NAVIGATION OF ROCK RIVER .- PLANK ROADS.
THE early settlers foresaw that this section of country could not become prosperous without improved facilities for transportation. At that time the navigation of Rock river seemed to offer the most feasible solution of the problem. Jan- uary 11, 1840, a meeting of the citizens of Winnebago county was held at Rockford. There was no newspaper in the town until some months later, and the only report of the convention was published in John Wentworth's paper, the Chicago Demo- crat, in its issue of February 12th. The purpose of the meet- ing was to consider the expediency of asking congress for a grant of unsold land in the valley of Rock river, the proceeds to be applied to the improvement of the stream. Dr. Goodhue was chosen president; George Stevens, George W. Lee and Charles I. Horsman, vice-presidents; John C. Kemble, secretary. Resolutions were introduced by George W. Lee, and unanimously adopted. They were as follows :
Resolved, That the increasing commerce of the lakes and the Mississippi river and the surplus productions of the Rock river country require a speedy action on the part of the numer- ous population settled throughout the territory lying between Lake Michigan and the upper Mississippi, to effect the removal of the obstructions to steamboat navigation in Rock river.
Resolved, That the interests of the government of the United States, holding in its control the great portion of the unsold lands in the region of Rock river, are essentially con- nected with those of the people in effecting the navigation of Rock river from the termination of the Milwaukee and Rock river canal to its junction with the Mississippi river; and that such an improvement will increase the value of the public domain in Iowa, by opening to that territory the benefits of an eastern market.
Resolved, That application be made to the congress of the United States for the appropriation of one hundred and fifty thousand acres of the public lands, the proceeds of which to be
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THE ROCKFORD CONVENTION.
applied to the improvement of the navigation of Rock river, and that we apply for the same to be selected from the residue of those not taken up by the settlers or other purchasers at the government land sales, and within twenty miles of either bank of Rock river.
Resolved, That a committee of five persons be appointed by this meeting to draft a memorial to congress, embodying the facts necessary to sustain the views expressed in the above reso- lutions, that said memorial be circulated for the signatures of citizens residing in the vicinity of Rock river.
Whereupon, George W. Lee, John C. Kemble, Jason Marsh, J. B. Miller and S. C. Fields were chosen said committee.
Resolved, That we earnestly solicit the co-operation of the people of the different counties in Illinois, and those of the ter- ritories of Wisconsin and Iowa, who feel interested in opening a water communication (through Rock river) between thelakes and the upper Mississippi, to hold meetings and circulate mnemo- rials expressive of their views, and embracing the objects set forth in the proceedings of this meeting, and to forward the same to their representatives in congress.
Dr. Goodhue, George W. Brinckerhoff, and Daniel S. Haight were chosen a committee to correspond with the people of the counties on the river on the subject of the resolutions.
This convention did not lead to any practical results. The agitation, however, was continued for some years. February 28, 1844, the Rockford Forum announced that the steamboat Lighter from St. Louis would ascend Rock river on the opening of navigation in the spring. Patronage was solicited ; and the Forum advised the citizens to make exchanges of grain for provisions. The Lighter arrived in Rockford in the latter part of June. On the 1st of July thesteamer made a trip to Roscoe.
The visit of the Lighter renewed the interest in the improve- ment of the river. July 13th a meeting was held at the court house to consider the subject. Committees were appointed and resolutions adopted. November 22, 1844, a river conven- tion was held at Sterling. Delegates were present from Ogle, Winnebago, Lec and Whiteside counties. William Pollock, who had been employed to make a survey, presented a report. He stated that he had made an examination of Rock river from the mouth of the Pecatonica to Sterling, a distance of about one hundred miles; and estimated that thetotal cost of remov- ing all obstructions between these points at four thousand
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HISTORY OF ROCKFORD AND WINNEBAGO COUNTY.
three hundred and sixty-six dollars and seventy-five cents. This was an insignificant sum, and was probably far below what the actual cost would have been. The general government had done nothing in response to the petition sent in 1840; and the assistance of the state legislature was invoked. February 25, 1845, an act was approved for the improvement of Rock river. Duncan Ferguson, of Winnebago, John Dixon, of Lee, Spooner Ruggles and William W. Fuller, of Ogle, and Theodore Winn, of Whiteside, and their successors were made a body politic and corporate under the name of the "Board of Commissioners for the improvement of the navigation of Rock river." The com- missioners were authorized to remove all the obstructions to steamboat navigation between the mouth of Pecatonica river and the mouth of Rock river. For the purpose of creating a fund for making these improvements, it was provided that a tax should be levied for the year 1845, of seven and one-half mills on every dollar's worth of assessable personal property in Winne- bago, Ogle, and Lee counties. In October, 1845, operations were actually begun at Rockford, under the direction of Alonzo Hall. A cofferdam about fifty feet wide was built through the rapids. A wheel at the lower end, propelled by the current, baled out the water. A steamboat channel was excavated in the autumn and winter, and the rock piled outside the dam. The "improvement" ruined the ford; and was absolutely use- less for navigation, as the rapids at the mouth of the river in ordinary stages of water would not float a steamer. Similar attempts at improvement were made in the other counties dur- ing the year. The money which remained on hand after these expenditures was to be refunded pro rata, as provided by the law, to the counties from which it had been collected.
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