USA > Illinois > St Clair County > History of St. Clair County, Illinois. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 22
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THIRD COURT-HOUSE.
In September, 1827, the court had to make arrangement for building a new court-house, as the Etienne building was al- together too small for the county business. This building was erected under the superintendency of William Fowler, who had a final settlement in December, 1831, from which it appears that the building had been completed in the month of June in said year. This court-house stood fronting the north side of the public square.
The cost of this building cannot be accurately stated. The county drew the necessary funds from Gov. Edwards. The money used was principally so-called "State paper," worth at the time from 76 to 80 cents per one dollar. Fowler seems to have drawn $3,189.85; the building was of brick. It was sold, after the erection of the present court-house, on the 29th of March, 1861, to W. Friedlander, for $106.00.
FOURTH COURT-HOUSE.
The building of the present court-house was commenced in 1859, and completed in 1861. The erection of this court-house was super- intended by the members of the county court. The funds to defray the expenses of the work were borrowed and disbursed by members of said court direct, without first paying them into the treasury and drawing them out on warrants based on vouchers. The building materials were bought and lahor was hired by said members. The court contracted various loans, amounting in the aggregate to $85,- 5.0. Besides this, the court issued $18,666.00 in county warrants, made payable to its members, and used them also to raise the necessary funds. In 1861 there was a further issue of county orders, amounting to $11,445.08 in direct payment for work on the new building, so that the whole amount expended seems to have been $115,111.08. Of this amount the members of the court disbursed $103,666.00. On the 2d of January, 1862, Jolin Thomas filed an account of his receipts and disbursements iu the matter, from which it appears that he had charged himself with $17,513.45, all of which is properly accounted for by vouchers on file. Nathaniel Niles had filed his accounts of the new court-house on the 13th of December, 1861, when they were laid over for further examination. They were finally disposed of, March 9, 1864, by allowing to Mr. Niles on voucher number 3933 the sum of $365 69-a balance found to be due to him. The court-house, although completed in 1861, seems to have needed various finishing touches, and the sums appropriated for that purpose in 1862 and 1863 amount to $4,334.98.
1
COURT HOUSE PUBLIC BUILDINGS
ST. CLAIR CO., ILL.
81
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
JAILS.
The first court-house, mentioned heretofore, was also used as a jail. On the 28th of April, 1812, however, the court of Common Pleas contracted with Francois Turcott, Stephen Penseneau and Augustine Penseneau for the building of a new jail or goal. Con- tract and specifications are on file, the latter being as follows :
A jail to be built, logs to be 18 and 14 feet long and wide, a parti- tion in it so as to make a room of seven feet on the west, hewed logs, 8 inches thick for the floor, seven feet between the floors, 2 rounds of logs above the upper floor, to be covered with clapboards, cabin fashion, done well, the logs to be 12 inches in diameter at the small end, if hewed to be ten inches thick, all to be done of good oak tim- ber; the outer door hung as the old door and hinges will do; the roof to be weighted with heavy logs. Bid off by Francois Turcott, Stephen Pensineau and Augustine Pensineau, March 25, 1812, at $200:00.
This jail was erected on the court house grounds at Cahokia, and completed on the 1st of October, 1812.
The second jail was erected in Belleville; it was built by Henry Sharp, in February, 1816. The contract price was $360.00. It stood near the first court-house on the public square.
The present jail was erected in 1848, on the north-west lot in the south-east block in Belleville, sold to the county by Antoine Lob- singer for $312.00, April 5, 1848.
Simon Eimer contracted for the building on the same day, and had it completed by the 1st of March, 1849. He received $7.977.70 for his work, which was $22.30 less than the contract called for.
POOR-IIOUSE.
The poor-house grounds, 40 acres in section 16, 1-8 N., were bought of Henry C. Million March 23d, 1844, for $450.00. Simon Stookey conducted and superintended the construction of this county Asylum. The buildings were erected in 1844, at a cost of $1149.40. The county continued to add to those buildings as urgent necessity demanded. The buildings now are estimated to be worth over ten thousand dollars ;- and yet not sufficiently large enough for the de- sired purposes.
The number of inmates at present is 110.
The first superintendent of the poor-house was John Wright ; his salary for himself and wife was fixed at $150.00 per annum. The expenses of the institution for the first year (1844), the above salary included, amounted to $477.10. The expenses for 1880 amounted to $10.190.19.
EXPENDITURES OF THE COUNTY.
The writer of this chapter has taken great pains to make a succinct and complete statement of the county expenditures at the time of the organization of the county, but owing to omissions of dates and other inaccuracies, he has not been able to arrive at a re- sult, which could give satisfaction. In 1809, however, papers were found to be complete, and we can here state to the reader, the entire cost of the county government for that year :
Compensation of sheriff .
$ 32.50
" clerk . 95.00
Farmers of poor (paupers)
122.42
Compensation of Judges of Common Pleas . 142.67
66
¥ constables 18.00
12.00
Fees paid to justices of the peace .
23 02
Benches and a table for court-lionse .
15.00
Compensation of officers, where judgment failed (fees in criminal cases) .
93.93
Amount paid for wolf-scalps .
104.00
-$663.54
To which add disbursing fee of 10 per cent. 66.35
$729.89
In order to show the difference between present and the past, we introduce here the county expenditures for the year 1880.
Cost of assessment and tax books .
$ 4.620.67 11 298.17
Compensation of officers .
Paupers, Co. farm . $10.190.19 66 supported at home 8.016.82
charitable institutions 797.18
19 004.19
Prisoners in jail .
4.913.45
Workhouse expenses
2.553.90
Couris and jurors
6.726.58
Inquests
1.853.00
Court-house and office supplies
8.748.65
1
Elections
980.55
Roads and bridges .
34.092.22
General expense account
7.010.46
Fees in criminal cases .
669.40
Tax refunded, etc.
26.00
Total expenditures
$102.497.24
The population of the county in 1810 was 5007, that of 1880 is known to be over 60,000, while the expenditures have increased 141 fold. Pauperism in 1809 absorbed 17 per cent. of the revenue and in 1880 not quite 18 per cent .. a satisfactory showing.
Pauperism is a bad sore on the body politic, and a growing evil. It is remarkable, however, that in this county there is no increase of pauperism, while general statistics exhibit a constant growth of it in other communities. The writer has examined the official records of all county expenditures for a period of ten years preceding 1880, and found, that the county expended during all those years not quite 18 per cent. of the county revenue in support of paupers.
The amounts of course seem large, but they are not greater pro- portionally than they were 80 years ag.).
We shall here introduce a statement of the expenditures of St. Clair county on account of pauperism for the seven years succeeding the commercial collaps : :
in 1874
$18.613.24
" 1875 17.559.55
# 1876
18.737.01
" 1877
18.253.26
" 1878
17.866.57
" 1879
19 200.36
1880
19.004.19
Believing it would be of interest we subjoin the assessment (f 1880:
PERSONAL PROPERTY.
NUMBER.
VALUE.
Horses of all ages
7,794
205,876
Cattle of all ages .
9 559
95,456
Mules and Asses of all ages
5,183
166,372
Sheep of all ages. .
5,605
5,749
Hogs of all ages .
22,805
28,156
Steam Engines, including Boilers
216
69,765
Fire or Burglar Proof Safes.
144
5,065
Billiard, Pigeon-hole, Bagatelle, and other tables
85
1,795
Carriages and Wagons of whatsoever kind
5,967
91,489
Watches and Clocks .
2,547
9,716
Sewing and Knitting Machines
2,362
15,954
Piano Fortes .
322
15,317
Melodeons and Organs
137
2,939
Annuities and Royalties
17
85,000
Steamboats, Sailing Vessels, Wharf Boats, Barges, etc. Merchandise .
233,540
Material and Manufactured Articles
45,968.
Manufactured Tools, Implements and Machinery
22,465
Agricultural Tools, Implements and Machinery .
90,633
11
" clerks of elections
200
82
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
Gold and Silver Plate and Plated Ware .
752
Diamonds and Jewelry . . .
529
Monies of Banks, Bankers, Brokers, etc ..
53 298
Credits of Banks, Bankers, Brokers, etc .
52,635
Monies of other than Bankers, etc
234,521
Credits of other than Bankers, etc
395,295
Bonds and Stocks
61,800
Shares of Capital Stocks of Cos. not of this State .
920
Property of Corporations not before enumerated
500
Property of Saloons and Eating Houses.
14,214
Household and Office Property
154,081
Investments in Real Estate and Improvements Thereon.
3,202
Shares of Stock, State and National Bank
35,205
All other Personal Property
94,163
Grain on hand.
56,091
Total Assessed Value of Personal Property
2,493,660
REAL ESTATE.
NO. ACRES. VALUE.
Improved Lands
301,512 9,796,123
Unimproved Lands . .
114,954 1,238,587
TOWN AND CITY LOTS.
NUMBER.
VALUE.
Improved Lots .
5,675
2,628,041
Unimproved Lots .
12,253
726,660
Total Assessed Value of Real Estate
14,389,411
Total Value of Railroad Property
1,236,772
Grand Total .
$18,174,843
COUNTY RECORDS .- BOOK A.
Orphans' (Probate) Court .- Pages 1 to 6 of records, Book A, embracing a recital of transactions of the Orphans' Court from August 5, 1796 to April 13, 1798 are missing. From an old Index found in the present office of the Co. Board of St. Clair Co., we find that these six missing pages contained the following :
Page 1. An order, that administrators should give security, and an order, that John Sulevin should file an inventory.
Page 2. Order that Jean Dumoulin give up certain papers to Judge of Probate.
Page 3. Antoine Girardin appointed guardian for Antoine and Victoire Girardin; Michael Squires appointed guardian for the children of Benjamin Byram Perry J. Francis is ordered to sell the property of Jean Antoine E. Claudius.
Page 4. Jean Dumoulin's report of sale of house is approved and administrator of the estate of Joseph Boisard is cited to render an account.
Page 5. Jean Dumoulin renders accounts of the estates of Frede- ric Obirer and Antoine Boyer. S. Bond renders an ac- count of the estate of Thomas Whitesides. The sale of two arpents of land to N. Jarrot is confirmed.
Page 6. John Mordock makes settlement of the estate of Michael Huff.
From page 7 the records are complete and well-preserved. We give our readers a copy -verbatim et literatim-of the proceedings of said Orphans' Court, had on Saturday, 14th April, 1798, page 7, Book A.
"Orphans' Court opened from adjournment. Present :
JOHN DUMOULIN, SHADRACK BOND, GEORGE ATCHISON, -
ESQRS. Justices.
William St. Clair, Esquire, Judge of Probate-on motion of Judge of Probate-Adelaide Alexander, an orphan girl at Matthieu Saucier's, that a guardian be appointed for her, the Court names Michael L'Onval on furnishing security according to law.
Arthur Mclaughlin came into court with his father and mutu- ally chose George Atchison, Esq., as guardian. Arthur's age of sixteen and a half years.
On motion of Joseph Le Page's to have the lands in the common field, the property of the estate of Xavier Lapanse, deceased, ordered to be sold at public sale to the highest bidder.
On motion of Nicholas Boisminue to sell the militia right of Alexis Courtois, deceased, ordered that the said militia right be . sold at the next court.
On motion of Mr. Dumoulin ordered that the militia right of Pierre Henry, deceased, be sold at public auction, and the militia right of Louis Buisson, deceased, be sold as above.
William Arundel produced the account of the estate of the late Bernard Gagnon, wherein there appears a balance due said estate of five hundred and forty-one livres in produce and that the same remain in the said Arundel's hands till legally called for.
JOHN DUMOULIN.
Court adjourned to term in court.
The first will recorded is the noncupative will of Michael Huff, who had received a mortal wound on the 3d of March, 1794.
The next will is that of William St. Clair who had filled various offices in the county. We give these two instruments in full :
FIRST WILL ON RECORD.
Will of Michael Huff-non cupative. Territory northwest of Ohio, St. Clair County, the 10th of March, 1794. We the subscri- bers being personally present in company with Captain Michael Huff, when he received a mortal wound, and within about three or four hours after, called us to witness his last will and testament, and he appearing to us of sound memory and in his right mind, proceed as follows :
First let all my debts be paid out of my moveable estate, and let iny well beloved wife have the half of all my goods, real and personal, and the other half to be equally divided between John Moredock and Barnaba Moredock, her two sons, and let Barnaba Moredock have my rifle gun, and further this testator sayeth not. This was on the 3d day of March, 1794.
JAMES A. ESPY. THOMAS TODD. GEORGE ROBERTS.
James A. Espy, Thomas Todd and George Roberts made oath in court at Cahokia the first day of April, 1794, that the above will is the words repeated by Michael Huff before he died.
William Arundel, Dy. Prothy. Recorded this first day of Feb- ruary in the year of our Lord One Thousand Seven Hundred and Ninety-seven.
WILLIAM ST. CLAIR, Probate Judge.
THE THIRD WILL ON RECORD.
Will of William St. Clair .- In the name of God, Amen. I Wil- liam St. Clair, of St. Clair county and township of Cahokia, younger son of Captain James St. Clair, of Glara, in the shire of Teudal, in the kingdom of North Briton, make this my last Will and Testa- ment in manner and form following: Before any estimation may be made of my estate, that my sister-in 1 .w, Hellen McNabb, shall have all my household furniture and linen, plate, jewels and bed- ding, and that a just inventory and amount may be made of the residue of my personal estate consisting of cattle and debts, and from thence be paid my just debts. My lands I bequeath to Arthur St. Clair, for him and his heirs for ever, and the remaining residue shall be divided between Hellen McNabb and her sister Elizabeth
83
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
McNabb, recommended to their attention the boys if they want anything, and it is my intent the last shall be general, as I make them general legatees for that purpose. The best horse, Hellen will take him, and the other one to be given to her brother, Alex- ander McNabb, saving to myself to make any bequest I may think proper before my death.
Signed, sealed, published and declared to be the last Will and Testament of the said William St. Clair, at Cahokia, this 12th day of January, in the year of our Lord One Thousand Seven Hundred and Ninety-nine.
In presence of us.
JOHN HAY.
JAMES TATE.
WILLIAM ST. CLAIR.
SEAL
ISIDOR LACROIX.
Personally came before me, the subscriber, Jean F. Perry, who made oath he verily believed the name of Isidor Lacroix, one of the subscribing witnesses to be the hand-writing and signing of the said witnesses in testimony whereof I have hereunto set my hand, Aug. 13th, 1800. Perry sworn to before me.
SHADRACK BOND. Judge of Probate.
Personally came before the subseriber, John Hay, who made oath, that he was one of the subseribing witnesses to a will made by William St. Clair, Esq., deceased, and that said Wm. St. Clair did in his presence acknowledge the same to be his last Will and Tes- tament and revoking all other wills he might have made.
Sworn before me 19th day of August, 1801. JOHN HAY. SHADRACK BOND. Judge of Probate.
After my will being made, I have bequeathed to my friends Jolın Hay, of Cahokia, two oxen and a cart and two eows, ordaining the said John Hay and James Tate to be the executors of this and my former will, signed, sealed, published and deelared at Cahokia this 12th day of January, in the year of our Lord One Thousand Seven Hundred and Ninety-nine.
In Presence of us.
JOHN HAY.
JAMES TATE.
WILLIAM ST. CLAIR. SEAL.
ISIDOR LACROIX.
Personally came before me, the subseriber, Jean T. Perry, who made oath, that he verily believed the names, Isidor Lacroix one of the subscribing witnesses to be his hand-writing and signature in testimony whereof I have hereunto set my hand, sworn before me Perry.
SHADRACK BOND. Judge of Probate. August 19, 1801.
Recorded November 29, 1801.
SHADRACK BOND. Judge of Probate.
We append a few of the legal documents, believing they will be of interest.
First divorces granted by the established courts of St. Clair county, Illinois.
François Champagne, - V8. Libel for divorce. Celeste Champagne, No defence made, and divorce granted, April term, 1811.
Kezia Lemen, vs. William Lemen,
-
On libel for divorce.
October term, 1811.
Divoree granted on account of eruelty. William Lemen to pay to Kezia Lemen ten dollars annually on the 2d day of December, and said Kezia to have charge of child.
Richard Knight, v8. Sally Knight,
Libel for divorce.
On account of adultery committed by said Sally Knight Divorce granted, November term, 1817.
Estates put under administration after the organization of the county.
In 1790.
Antoine Boyer,
personal property valued at
1,704 livres. 272
Antoine Price, Michel Girardin,
15,901
Jean Pierre Allard,
4,840
Frederick Wiser,
723
1791.
Joseph Luxuxiere,
¥
4,493 ¥
Joseph Werly,
561 =
Nicolas Smith,
¥
416
1792. .
=
198
Joseph Le Page,
2,560 4
Antoine Harmand, called Sans Facon,
3,076
Jean Bapt. Guion,
9,350
Thomas Brady, one of the husbands of the celebrated Le Compte, died in 1794, his personal property amounted to $911.00. James Piggott died in 1801, leaving $409 in personal property. Antoine' Girardin, 1802, with $2,003.50. William Cairns in 1803, $391.35, and John Dumoulin in 1805, $7,307.67. Shad- raek Bond, Sr., died in 1812, his personal estate was worth $2,879.
Early marriages recorded after organization of the county.
George Witmore and Catharine Dorree, widow of Louis Dorree, at Prairie du Rocher, June, 1790, by Barbeau, Judge e. e.
Jean Babhite Chartran and Marie Roeheleau, widow of Michel Girardin, Cahokia, June 10, 1790, by P. Gibault, missionary priest.
Louis Le Boeuf, called La Flamme, and Marie J. Pelletier, July 12, 1790, at Cahokia, by P. Gibanlt.
Jerome Matis and Marie Joubert, Cahokia, March 7, 1791, by P. Gibault.
Amable Partanais, ealled Maçon, and Marie Therese Harmand, widow of Gabriel Barron, Cahokia, April 30, 1791, by P. Gibault.
Michel Pilet and Marie Languedoc, May 2, 1791, at Cahokia, by P. Gibault.
The first licenses granted by the Court of Common Pleas of St. Clair county are dated February 14, 1793, and in order to point out to the reader the commercial importance of the county at that remote period of time, we shall here introduee a full list of mer- chants licensed on that date and during the year. These licenses were issued by John Edgar, or by Antoine Girardin, the former apparently for Kaskaskia, the latter for Cahokia.
Licenses granted by John Edgar :- to William Arundel, William Morrison, John Rice Jones, Ebenezer Eyers, Marie Ruyé, Pierre Menard, and John Edgar, merchants; seven merchant licenses for Kaskaskia.
Antoine Girardin granted licenses to St. Paul Lacroix, John Hay, Pierre Antoine Tabeau, Pierre Laperche, John Lyle, Jean Dehay, James McKay, Louis Chabollier, Zacharie Flurotebise,
Joseph Peltier,
84
HISTORY OF ST. CLAIR COUNTY, ILLINOIS.
Louis Bossie, Franz Graeter, Jean B. Chaye, - Gagnon, J. B. Buron, Jean Marie Coursol, J. B. Defond, François Duquet, Antoine Grandebois, Louis Buisson, Jacques Roland, Beaubien De Rivierre, Pierre Durebois and Josiah Bleakly ; twenty-three mer- chant licenses for Cahokia. Besides these licenses, Girardin granted at the same time retailers' licenses to Joseph Grondines, François Tuergeon and Louis Robert ; a store-keeper's license to François Lapanse and lately a tavern license to Joseph Mendoza.
The price charged for these licenses is not stated; it was probably a. perquisite of the office. At any rate it must have been very trifling, for the county collected in 1810, only $95.00 from this . source of revenue.
Those twenty-three merchants of Cahokia could certainly not be confined to St. Clair county for custom ; their business must have been up and down the rivers, to the various and numerous tribes of Indians. The home trade was transacted by those four retailers and storekeepers. Cahokia contained in 1783, about one hundred families, and had scarcely increased this number to more than one hundred and ten or fifteen in 1793.
William St. Clair, whose name has been mentioned heretofore as recorder and judge of probate, had been authorized by the governor to take prcof as to who was " head of a family " at Cahokia in 1783. Jean Baptiste Dubuque, Jean Baptiste Tamier and Charles Du- charm, appeared before him at Cahokia on the 30th of September, 1797, and made oath to a list containing ninety-nine names, which names may be found in our chapter " Pioneers and Early Settlers." These names are French, with a few exceptions, viz. : Thomas Brady, William Biggs and Joseph Andrews, who seem to have been Americans or Britons, and Philip Engel, apparently a German.
The first ferry license was granted by the court to Captain James Piggott, in the year 1795. The Captain also received a license for a ferry and permission to land on the west bank of the river at St. Louis, by Governor Tradeau, of Louisiana-thus began what is now known as Wiggin's Ferry Company.
FIRST INSTANCE OF CAPITAL PUNISHMENT IN ST. CLAIR COUNTY.
The first murder case tried after Illinois had become a state was that of Timothy Bennett, the murderer of Alphonso C. Stewart.
The crime, like many similar ones, originated in a drunken brawl. On the 8th of February, 1819, these two men had a personal quarrel. It seemed to be impossible to reconcile them, and their friends determined to get up a sham duel; hoping that the ridiculous issue of the affair would bring them to their senses.
The duel was arranged, Jacob Short and Nathan Fike acting as seconds. When the word was given and the rifles were discharged, it was proved that the "sham " duel had been fought with powder and lead,-at any rate Alphonso C. Stewart fell to the ground, mortally wounded.
Timothy Bennett was arrested, and so were the two seconds.
A special term of the circuit court was held on the 8th of March 1819, under a special law of the Legislature to hold said term. The officers of the court, John Reynolds, judge, John Hay, clerk, W. A. Beard, sheriff, were all appointed by the governor.
The grand jurors,-Ben Watts, foreman, Jacob Ogle, jr., Sol. Teter, Wm. Padfield, Robert Abernathy, Robert Lemen, James Marney, Henry Hutton, Frank Swan, John Hendricks, Daniel Everett, T. M. Nicholas, John Leach, W. T. Kincade, Odian Cas- tlebury, Joshua Oglesby, Marshal Duncan, Curtis Moore, George Prickett, Wm. Bridge, Joseph Penn, James Walker and Jeremiah Hand, found true bills of indictment for murder against Bennett and the two seconds, upon the testimony of the following witnesses : Reuben Anderson, James Parks, James Kincade, James Read,
Daniel Million, Ben Million, Peter Sprinkle and Rachel Tanne- hill.
When the case was called for trial, the sheriff reported that Ben- nett had broken jail, and was at large. Short and Fike had their trial in June 1819, and were both acquitted.
Bennett was captured and jailed about the 1st of July, 1821. A special term of the court was held July 26, 1821. The grand jury, composed of-Will Glasgow, foreman, John Thomas, James Cohen, Richard W. Chandler, John Rider, Archibald Allen, W. L. White- sides, Henry Stout, Hosea Riggs, W. Leach, Thomas Gillham, Da- vid Sparks, John Scott, Jacob Whitesides, Daniel Birkey, Daniel Phelps, James Marney, Joseph Wilbanks, James Pulliam, T. West, Daniel Million, John Glass and George Harris, heard the testimo- ny of Reuben Anderson, Rachel Tannehill, James Kincade, Tho- mas Hall, Wm. Hook, John Rutherford and Peter Sprinkle, and found a new indictment, in words and figures as follows :
THE BENNETT INDICTMENT.
State of Illinois, ? St. Clair Co. ss.
At a special term of the circuit court, held for the county of St. Clair, in pursuance of the statute in such cases made and provided, on the 26th day of July, 1821.
The Grand Jurors of the people of the state of Illinois, residents of the county of St. Clair, empannelled, sworn and charged to inquire for the body of the said county, in the name and by the authority of the people of the state of Illinois, upon their oath present, that Timothy Bennett, late of Clinton Hill township now called Belleville precinct in the said county of St. Clair, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 8th day of February, 1819, with force and arms, at the said township, then called Clinton Hill, but called Belleville in the said county of St. Clair, in and upon Alphonso C. Stewart in the peace of God and of the said people of the state of Illinois then and there being, feloniously, willfully and of his malice aforethought did make an assault ; and that the said Timothy Bennett a certain rifle gun, of the value of ten dollars, then and there loaded and charged with gunpowder and one leaden bullet, which rifle gun he the said Timothy Bennett in both his hands then and there had, and held to, against and upon the said Alphonso C. Stewart, then and there feloniously, wilfully and of his malice aforethought did shoot and discharge, and that the said Timothy Bennett with the leaden bullet aforesaid out of the rifle gun aforesaid then and there by force of the gunpowder, shot and sent forth as aforesaid the afore- said Alphonso C Stewart in and upon the left breast of him the said Alphonso C. Stewart near the left pap of him the said Alphonso C. Stewart then and there feloniously, wilfully and of his malice afore- thought, did strike penetrate and wound, giving to the said Al- phonso C. Stewart, then and there with the leaden bullet aforesaid, so as aforesaid shot, discharged and sent forth ont of the rifie gun aforesaid, by the said Timothy Bennett in and upon the left breast of him the' said Alphonso C Stewart, near the left pap of him the said Alphonso C. Stewart one mortal wound, of the depth of six inches, and of the breadth of one inch, of which said mortal wound the aforesaid Alphonso C. Stewart then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say, That the said Timothy Bennett, the said Alphonso C. Stewart then and there in manner and form aforesaid, feloniously, wilfully and of his malice aforethought did kill and murder, against the form of the statute in that case made and provided and against the peace and dignity of the same people of the state of Illinois.
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