USA > Illinois > Stark County > History of Stark County, Illinois, and its people : a record of settlement, organization, progress and achievement, Volume I > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30
So far everything had worked well, but it was impossible to open a library without books. At a meeting on March 30, 1893, Mr. Cav- erly's offer was accepted, a list of books was decided on, and on April 7, 1893, Mr. Overman went to Chicago to purchase the books seleeted. They arrived a few days later and the Toulon Publie Library was opened on the evening of the 18th, at which time Mr. Overman re- ported that the amount expended for books was $344.38; his personal expenses, $11.75. and freight on the books, $3.65, making a total of $359.78.
The library remained in the Caverly Building until April 11, 1898, when it was voted to remove to B. F. Thompson's new briek block on the west side of the public square. When the library went into its new quarters Miss Pauline Nowlan succeeded Mr. Hulsizer as librarian. She was in turn succeeded by Martha E. Cree, under whose adminis- tration the library was removed to the second floor of Dr. E. B. Packer's building on West Main Street. In April, 1911, Miss ITar- riet J. Byatt, the present librarian, succeeded Miss Cree.
Early in the summer of 1914 the library board wrote to the Car- negie Corporation, of New York City, explaining the needs of the Toulon library, and asking for a donation for the purpose of erecting a suitable building for the library's home. In August the board re- ceived the pleasing information that the corporation would give $6,000 and preparations were immediately commenced for the erection of the building. The first thing necessary was to obtain a site. After some "pulling and hauling" Percy Shallenberger offered to donate the lot at the southwest corner of Jefferson and Henderson streets and give $500 to defray the expenses of grading and beautifying the
216
HISTORY OF STARK COUNTY
grounds. The offer was accepted and the contraet for the erection of the building was let to F. L. Boher, the same man who ereeted the library building at Wyoming.
The $6,000 given by the Carnegie Corporation was all used in paying for the building and the furniture and fixtures, which cost $900 more, were paid for out of a fund raised by popular subscription. 'The building was opened to the publie on September 7, 1915. At that time there were about two thousand volumes in the library, which is kept open on Tuesday, Thursday and Saturday afternoons and even- ings. The amount of tax collected in 1914 for the support of the library was $563.12.
In October, 1915, the library board was composed of F. J. Rhodes. Elmer H. Buffum. Dr. Clyde Berfield, George S. Walker, Walter F. Young, Fred Miller, Mrs. L. T. Jackson, Mrs. Florenee Kinney and Miss Ellen Silliman. Mr. Rhodes was president of the board and Miss Silliman, secretary.
The Ira C. Reed Publie Library, of Lafayette. had its origin in a collection of books that Mrs. Ira C. Reed plaeed upon the shelves of the two-story brick building ereeted for her own residence in 1897. For about nine years those books were loaned through the library association which was formed for that purpose. At the death of Mrs. Reed the books and building passed by bequest to the Village of Lafayette, but at the request of the trustees continued under the con- trol of the original association for about two years longer.
In the spring of 1909. T. D. Church circulated a petition asking the village government to levy a tax for the library's support, in accordance with the state law. A 2-mill tax was accordingly levied and the Ira C. Reed Public Library became really a public institution. The next move was to hold a special election to select the members of a board to control the affairs of the library.
Prior to 1907 the library was kept open somewhat irregularly, as there was no regular librarian much of the time to look after its man- agement. Miss Lydia Hamilton and other public spirited young people took turns in acting as librarian, but in 1907 Miss Olive Hayes was employed to attend to the needs of the library and lend books two afternoons and evenings in each week.
In 1911 the board of trustees organized the library aeeording to law, by introducing the proper records, etc., and Miss May C. Smith suceceded Miss Hayes as librarian. The reading room, which has proven to be a popular adjunet to the library, was opened in 1912. and in 1914 a "rental shelf" was added at the request of some of the
217
HISTORY OF STARK COUNTY
patrons. Upon this shelf will be found some of the latest works of fiction, for which a small fee is charged.
The library board in October, 1915, was composed of Miss May C. Smith, who is president. Miss Julia Snyder, Mrs. Agnes Hoadley, C. G. Reed, A. L. Diekerson and Rev. T. O. Lee. Mrs. Hoadley is elerk of the board. Regular meetings are held monthly.
The amount of tax collected in 1914 for the support of the library was $110.77. There is also the interest on a small endowment of $700 and some additional income from the Reed estate. On June 1, 1915, the library numbered 1,086 volumes, quite a number of which were given by public spirited citizens. The library also has a large collec- tion of fossils, minerals, ete., the gift of Jesse Atherton.
In the early part of the year 1902, twelve young ladies of Brad- ford, all members of the same elub, conceived the idea of a publie library. After formulating a plan they succeeded in interesting sev- eral of the leading citizens, with the result that the following library board was elected: Cyrus Boeock, president; Mrs. II. R. Mayhew, secretary: Mrs. Streeter, Mrs. Doctor Boardman, D. J. Owens and Doctor Minnick.
Next came the problem of finanees. The young ladies who first proposed a library went to work with a will to make articles of all kinds to be sold at a bazaar, and by this means they raised $125. Eight hundred dollars more were added to the fund through subseriptions on the part of the townspeople, and with this fund the first books were purchased. Quite a number of books were donated by generously inclined people, and the Bradford Publie Library began to show evi- dences that it had "come to stay." The library was first opened on Saturday, August 16, 1902, with Mrs. Streeter as librarian, in the hall formerly occupied by the Odd Fellows' lodge.
For about three years the Bradford Library Association continued in charge, the young ladies who first projected the enterprise giving bazaars for the sale of brie-brae and articles of cookery, produeing "home talent" plays, etc., the proceeds going to the library fund. In June, 1905, the people of the village voted to levy a tax for the sup- port of the library, and it became the property of the village. The amount of the library tax collected in 1914 was $337.30. The mem- bers of the board in October, 1915, were: J. H. Seholes, president ; Mrs. G. A. Marsh, secretary; J. A. McGifford. Mrs. Elizabeth Ren- niek, Mrs. John Trimmer and Mrs. Bert Deyo. Mrs. Mary L. Gerard was then librarian. The Bradford library is kept open on Tuesday, Thursday and Saturday evenings and Saturday afternoon of each Vol. 1-14
218
HISTORY OF STARK COUNTY
week. About one thousand volumes are on the shelves and a mimber of periodicals are to be found on the tables in the reading room. The Woman's League, composed of fifty of the representative women of the town, have recently started a movement for the erection of a library building.
The Elmira Library Association was organized at the village schoolhouse on January 18, 1856, with Adam Oliver as president and William Moffitt, secretary. Each member of the association paid cer- tain dues each year and was entitled to draw books from the library. This library has never been made a publie library, but is for the ex- elusive use of the members of the association.
In every school district of the county there are a number of books for the use of the pupils. The volumes are generally of a historieal or scientifie character, books of travel, ete., calculated to be of assist- ance to the scholars in their school work. The number of volumes in these school libraries at the elose of the school year in 1915 was 8.626.
---
CHAPTER XIII THE BENCH AND BAR
PURPOSE OF THE COURTS-THE LAWYER AS A CITIZEN-EARLY COURTS OF STARK COUNTY-FIRST JURORS-SKETCHES OF EARLY JUDGES -. - LIST OF CIRCUIT JUDGES SINCE 1839-CONSTITUTIONAL, PROVISIONS CONCERNING COURTS-PROBATE COURT-COUNTY COURT AND JUDGES -STATE'S ATTORNEYS-UNITED STATES COURTS-THE BAR-CONDI- TIONS OF EARLY DAYS -- SKETCHES OF OLD-TIME LAWYERS-THE BAR OF 1915-CRIMINAL CASES-A STRAY INCIDENT.
In the very dawn of civilization the legislator and the lawyer made their appearance and much of the history of every civilized country or community centers about the laws and the manner in which they are enforced. "To establish justice" was written into the Federal Con- stitution by the founders of the American Republic as one of the primary and paramount purposes of government. The founders of that republic also showed their wisdom in separating the functions of the government into three departments-the legislative, the executive and the judicial the first to enact, the second to execute, and the third to interpret the nation's laws. States have copied this system, so that in every state there are a Legislature to pass laws, a supreme and subordinate courts to interpret them and a governor as the chief executive officer to see that they are fairly and impartially enforced.
The law is a jealous profession. It demands of the judge on the bench and the attorney at the bar alike a careful, conscientious effort to secure the administration of justice-"speedy and substantial. effi- cient, equitable and economical." Within recent years there have been some rather caustic criticisms of the courts for their delays, and a great deal has been said in the columns of the public press about the need of "judicial reform." Concerning the tendency to criticize the courts, one of the justices of the Ohio Supreme Court recently said:
"A reasonable amount of criticism is good for a public officer- even a judge. It keeps reminding him that, after all. he is only a public servant; that he must give an account of his stewardship, as to
219
220
HISTORY OF STARK COUNTY
his efficieney, the same as any other servant ; that the same tests applied to private servants in private business should be applied to public servants in publie business, whether executives, legislators or judges- at least that is the public view. Would it not be more wholesome if more public officers, especially judges, took the same view?"
Perhaps some of the criticisms have been made for good eause, but unfortunately many have condemned the entire judiciary system be- cause some judge has failed to measure up to the proper standard, and the entire legal profession has been denounced as one of triekery be- eause some lawyer has adopted the tacties of the pettifogger. It should not be forgotten, in exercising the right of free press or free speech, that some of the greatest men in our national history were lawyers. John Marshall, one of the early chief justices of the United States Supreme Court, was a man whose memory is revered by the American people and his legal opinions are still quoted with confidenec and respect by his profession. Thomas Jefferson, Robert R. Living- ston and James Monroe, who negotiated the Louisiana Purchase and gave to their country an empire in extent, were all lawyers. Daniel Webster, Henry Clay, Salmon P. Chase, Stephen A. Douglas, Thomas M. Cooley and a host of other eminent Americans wrote their names permanently upon history's pages through their knowl- edge and interpretation of the laws, and all were men whose patriotism and love of justice were unquestioned. And last, but not least, was Abraham Lincoln, self-educated and self-reliant, whose consummate tact and statesmanship saved the Union from disruption.
THE CIRCUIT COURT
The first session of the Stark County Circuit Court was held at the house of William H. Henderson, about one mile south of the present county seat. beginning on October 11, 1839. Judge Thomas Ford pre- sided, Augustus A. Dunn was sheriff, John W. Henderson, who was not quite twenty-one years of age, was appointed clerk for the oeca- sion, and Norman J. Purple appeared as state's attorney. In anticipa- tion of the session, the county commissioners, on June 3, 1839, had selected the following citizens to serve as grand jurors: M. G. Braee, Asa Currier, Henry Seely, Joseph Avery, Moses Boardman, Henry Breese, Samuel Love, Samuel Seely, Nero Mounts, Howard Ogle, John Finley, William Porter, Sumner Shaw, Nehemiah Wycoff, Luther Driscoll, Conrad Emery, John Hester. David Simmerman, Nathaniel Swarts. Israel Dawson, Adam Day, Adam Perry and William Mahaney.
221
HISTORY OF STARK COUNTY
The petit jurors, selected at the same time, were: Robert Sharer, Nicholas Sturm, Isaac Spencer, James Buswell, Horace Vail, Nehe- miah Merritt, Christopher Sammis, Thomas Timmonds, Washington Trickle, Thomas S. Clark, George Eekley, Jacob Smith, Washington Colwell, Samuel Harris, Calvin Powell, Sr., Elijah Eltzroth, Daniel Hodgson, Henry MeClenahan, Milton Richards, Jeremiah Bennett, Minott Silliman, William Bowen, David Cooper and JJosiah Motlit.
From each of these lists were to be selected "twelve good men and true," to perform the duties of jurors as required by law. Some of those summoned as grand jurors failed to appear and the court or- dered the sheriff to summon two others from the bystanders. James McClenahan and William W. Drummond were chosen, Luther Dris- coll was appointed foreman, and the grand jury retired to a eorn crib to hear and determine such business as might come before it. Gen. Thomas J. Henderson, in an address before the Old Settlers' Asso- ciation some years afterward, said:
"I can hardly remember where these juries met, but think one of them at least occupied a log erib or stable belonging to my father: however, I do well recall that the first lessons in jurisprudence which I received were taken in a board loft, looking down through the cracks, upon that most dignified tribunal, the first Cirenit Court of Stark County."
Judge Thomas Ford, who presided at that term of court, was born in the State of Pennsylvania in the year 1800. When but four years old he was taken by his widowed mother to Missouri, where the family lived but a short time, when they removed to Illinois. He was given a good education, studied law, and before being elevated to the bench served as state's attorney. Mrs. Shallenberger describes him as "a man thoroughly respected by all classes of the community, both for the evenhanded justice he dispensed from the bench and the stain- less integrity that ever characterized him as a politician." Under the constitution of 1818, the Legislature appointed the judges of the eir- euit courts. consequently Judge Ford held his office by legislative appointment. After serving on the bench until August, 1842, he re- signed to become a candidate for governor of Illinois, having been nominated for that high office by the democratic party. He was elected governor in the fall of that year and at the conelusion of his term devoted some time to writing a history of the state, which was published in 1847. His death occurred in 1850.
On August 20, 1842, immediately after the resignation of Judge Ford, John Dean Caton was appointed judge of the old Ninth Judicial
222
HISTORY OF STARK COUNTY
Circuit, of which Stark County formed a part. The circuit, at the time of Judge Caton's appointment, was composed of the counties of Peoria, Marshall, Putnam, La Salle, Kendall, De Kalb, Kane, Ogle, Bureau and Stark, a territory of over five thousand square miles. Judge Caton was a man of fair legal attainments, though it has been said that "his strict adherence to the dogmas of the democratic party sometimes blinded his sense of justice. One of the duties of the circuit judge of that period was the appointment of a clerk of the Circuit Court. In Stark County there arose a spirited contest between John W. Henderson and Oliver Whitaker for the office. The latter, being a democrat, received the appointment, which caused Judge Caton to be criticized by some of Henderson's friends. though after the clerk's office was made elective. Mr. Whitaker was chosen by the people and held the position for several years.
Following Judge Caton came Judge Koerner, who remained on the bench until the adoption of the constitution of 1848, by which the circuit judges were made elective by the people. Under the new con- stitution Stark County was placed in the Ninth Judicial Circuit, of which T. L. Dickey, of Peoria, was elected judge. He was a lawyer of more than ordinary ability, a good judge, and many regretted the change which placed Stark County in the Tenth Circuit, throwing Judge Dickey into another district.
H. M. Wead was elected the first judge of the Tenth Circuit, hut for some reason failed to qualify and William Kellogg was appointed to the vacancy. Judge Kellogg was one of the leading lawyers of this section of the state prior to his elevation to the bench. In 1850 he was elected for a second term and served until another change in the judicial districts placed Stark County in the Sixteenth Circuit in 1853. After retiring from the bench Judge Kellogg was elected to Congress. He then resumed the practice of law in Peoria, where he died some years later.
Onslow Peters was elected judge of the Sixteenth Circuit in March, 1853. He was a native of Massachusetts, studied law in his native state, came to Peoria, where he built up a lucrative practice and won the reputation of being an able and successful attorney. He was a lawyer of the old school, scholarly, courteous and dignified, and well liked by everybody with whom he came in contact. His death occurred at Washington, D. C., in February, 1856.
In April, 1856, following the death of Judge Peters. Jacob Gale was elected judge of the Sixteenth Circuit, but, like Judge Wead. he declined to serve. Elibu N. Powell was appointed and at the expira-
223
HISTORY OF STARK COUNTY
tion of the term he was elected to the office and continued on the bench until 1861. Before becoming judge he was engaged in the practice of law at Peoria, and upon retiring from the office resumed his prac- tice in that city. He died there on July 15, 1871.
Amos L. Merriman was elected circuit judge in 1861, defeating Judge Powell. Prior to that time he had been associated with his brother. H. O. Merriman, in the practice of law at Peoria and the firm of Merriman & Merriman had an enviable reputation throughout a large portion of the Illinois Valley. He resigned in 1863, a short time before the expiration of the term for which he was elected, and removed to Washington, D. C.
In November, 1863, Marion Williamson was elected circuit judge, his opponent having been Martin Shallenberger, of Stark County. Judge Williamson was a native of Adams County, Ohio, but came to Peoria soon after his admission to the bar and rose rapidly in his profession. He continued on the bench until 1867 and his decisions were noted for their simplicity of language and clear statements of the law. His death occurred at Peoria in 1868.
Sabin D. Puterbaugh was elected in 1867 to succeed Judge Wil- liamson and continued on the bench until the adoption of the new State Constitution of 1870. Ile was the author of a work on "Plead- ing and Practice," which has been widely used in the courts of Illinois and is recognized as an authority on those branches of law.
Artiele VI, section 13, of the Constitution of 1870, provides that "The state, exelusive of Cook County and other counties having a population of 100,000, shall be divided into judicial eireuits, prior to the expiration of the terms of office of the present judges of the cireuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every 100,000 population in the state."
It was also provided in the constitution that the first election of judges under the new regime should occur on "the first Monday in June, 1873, and each six years thereafter."
Pursuant to these constitutional provisions, the General Assembly passed an act, approved March 28, 1873, dividing the state into judicial distriets, the counties of Peoria and Stark constituting the Ninth Cireuit. At the election on the first Monday in June, 1873, Sabin D. Puterbaugh, John Burns and Joseph W. Cochran were elected judges, each distriet being entitled to three. Judge Puter-
224
HISTORY OF STARK COUNTY
baugh resigned soon after his election and was succeeded by Henry B. Hopkins, of Peoria.
David McCulloch succeeded Judge Cochran in August, 1877, and in 1879 the judges elected were John Burns, David McCulloch and Milton M. Laws. In the meantime a change had been made in the cireuit, the counties of Putnam, Marshall, Woodford, Tazewell, Peoria and Stark constituting the Eighth Judicial Cireuit under the provisions of the aet of Jume 2, 1877.
In 1885 there was a complete change in the judges of the Eighth Cireuit, Thomas M. Shaw, Nathan W. Green and Samuel S. Page being elected. Judge Page retired and on April 5, 1890, L. W. James was appointed to fill out the unexpired term. The judges elected in 1891 were: Nathan W. Green, Thomas M. Shaw and Nicholas E. Worthington.
Another change in the judicial districts was made by the act of April 23, 1897, which placed the counties of Peoria, Marshall. Put- mam, Stark and Tazewell in the Tenth Circuit, Woodford County being added to the Eleventh. Under the new law the following judges were elected for the Tenth Circuit on the first Monday in June. 1897: Thomas M. Shaw, of Lacon: Leslie D. Puterbaugh and Nicholas E. Worthington, of Peoria. Judge Shaw died before the expiration of his teri and on September 3, 1901, Theodore N. Green, of Peoria, was elected at a special eleetion to the vaeaney. All three of these judges-Puterbaugh, Green and Worthington-were reeleeted in 1903 and again in 1909.
Judge Puterbaugh resigned in October, 1913, to become a candi- date for judge of the Supreme Court of Illinois, and John M. Niehaus was elected for the remainder of the term. In Jume, 1915, the present judges of the Circuit Court-John M. Niehaus, Theodore N. Green and Clyde E. Stone-were elected.
Such in brief has been the history and personnel of the Circuit Court since the organization of Stark County in 1839. And though none of the men who have presided over the Stark Circuit Court has been a judge of "national reputation," most of them have been eap- able, conscientious judges, discharging their official duties with due regard to the dignity of their office, the rights of litigants and the general welfare of the commmity.
PROBATE COURT
The Constitution of 1818, under which Illinois was admitted to statehood, provided for an official known as the probate justice in each
225
HISTORY OF STARK COUNTY
county. John Miller was elected probate justice of Stark County on August 5, 1839, the first man to hold that official position in the county. He was succeeded in 1843 by Jonathan Hodgson, who served until 1847, when he in turn was succeeded by S. W. Eastman. The last probate justice in the county was Harvey J. Rhodes, who was elected in April, 1849, to fill out the unexpired term of Mr. Eastman. He served but a short time, when the office was abolished by law. The probate justice was not required to have a profound knowledge of the law, his business, as the name indicates, being merely to act in matters of a probate nature. such as the settlement of estates, etc.
COUNTY COURT
Article VI, section 18, of the Constitution of 1870, provides that "There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlement of estates of deceased persons, appointment of guardians and conserv- ators, and settlement of their accounts, in all matters pertaining to apprentiees, and in proceedings for the collection of taxes and assess- ments, and such other jurisdiction as may be provided for by general law."
Prior to the adoption of that constitution, however, the office of county judge had been created by the Constitution of 1848, the county court thus established taking the place of the board of county com- missioners until the adoption of township organization. The county judges of Stark County, with the year in which each was elected, have been as follows: James Holgate, 1849; David MeCance, 1861 ; Hugh Rhodes, 1865; W. W. Wright, 1873: Miles A. Fuller, 1886: W. W. Wright. 1890: Bradford F. Thompson, 1902 (reelected and died in office, Frank Thomas being elected to the vacaney in December, 1912) ; Frank Thomas, 1914.
STATE'S ATTORNEY
Before the adoption of the Constitution of 1848 the state's attor- ney "rode the circuit," practieing in all the counties of the judicial district. The first man to serve in that eapacity in Stark County was Norman H. Purple, who was in attendance upon the court at the first session, which was held at the house of Colonel Henderson in October,
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.