History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois Digest of state laws, Part 24

Author: Chas. C. Chapman & Co., pub
Publication date: 1879
Publisher: Chicago : C.C. Chapman & Co.
Number of Pages: 831


USA > Illinois > Tazewell County > History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois Digest of state laws > Part 24


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As he closed he was placed upon the trap, the rope adjusted about his neck, the cap drawn over his head, the trap fell, and with a mut- tered prayer on his lips for mercy the spirit of John Ott passed into eternity. His neck was broken by the fall and life was soon ex- tinct. After hanging nineteen minutes the body was taken down, placed in a coffin and removed to the jail yard. Soon the crowd began to disperse and all was quiet. Thus terminated the first and only legal execution for murder in Tazewell county.


BRIEF SKETCH OF JOHN OTT.


John Ott was born near Dayton, O., Nov. 6, 1839, and conse- quently was not twenty-one years old when he committed the fearful crime for which he suffered death. While quite young his parents removed to Iowa, and soon to Indiana, where they were living when their wayward son was hung, both old and feeble. John remained at home until about sixteen years old, when he went to live with his uncle. At school he learned to read, and obtained some knowledge of arithmetic, but never learned to write.


Not long after he went to live with his uncle he began to sow the seeds of his future ruin. His first theft was a three-cent piece. From this he went on, from time to time stealing money and other things. Finally he became enamored of a woman who must have had a large amount of the demoniac in her nature, for she urged him to set fire to barns, to rob and the like. These things, however, he


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would not do. Still he wanted money to enable him to deck him- self out. The 'desire for money grew to a blind maddening passion. He stole some jewelry and fled to ·Illinois, where he brought up at Delavan.


There he heard, as he said, people talk about Orendorff having plenty of money, and that Miller, who worked for Orendorff, was laying up money fast. Money he wanted, money he would have. He thought and cared for nothing else. So in his own mind he determined to get it, and said nothing to anyone about his intentions. When asked if he went to Orendorff's intending murder, he replied : "No ; I did not expect to find anyone at home." When asked if he did not think it might be necessary to commit murder to get the money, he replied : "Yes; I had taken that into account on going there."


When he started out from his cousin's, where he lived, he went west till he struck the road leading north. Down this he walked some distance and then struck straight for Orendorff's home. He saw Mrs. Orendorff at the stable and inquired after Mr. Miller. Then leaving her as if to go out to the east and west road he slipped around the straw stack near the house, and remained there about half an hour meditating murder. Having determined to do the deed, he sallied out ; but as he approached the house he saw the innocent ones and his heart failed him. He then requested Mrs. Orendorff to tell Miller when he came home to come over to his cousin's. She replied, "I will," and these are the last words she is known to have spoken.


But no sooner had he left the house than his diabolical intent began to gather strength in him once more. This time, he hid him- self behind a straw stack, remaining there about half an hour. Having fully determined to do the deed, he started toward the house, picking up a club on the way. As he passed into the kitchen he laid hold of Mrs. Orendorff and told her she must die. She sprang away from him, and ran screaming into the front room. She was not able to open the door before her pursuer was upon her and felled her with powerful blows with his club. Then he struck down one of the children, who followed and clung to her mother. The the other little girl had run out of the house. He met her at the corner of the house and beat her down also. Having done this he next took the axe and finished his bloody work. The one he struck out of doors, he carried in and laid beside her mother. He burned


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the club in the stove .. He then took what money he could find and fled.


Joseph W. McDowell.


Joseph W. MeDowell, indicted for the murder of A. J. Finley, was arraigned before the Circuit Court Thursday, Feb. 7, 1861. Both sides were represented by able counsel. For the prosecution appeared State's Attorney Fullerton, and Mr. Grove, assisted by C. A. Roberts and J. M. Hanna, while the defendant was represented by Messrs. Puterbaugh and James Roberts, of Pekin, and Julius Manning, of Peoria. The jury returned into Court Sunday morn- ing with the verdict of "guilty." A new trial was granted, and in June, 1861, a change of venue to McLean county was taken, and the prisoner tried and sentenced to one year in the penitentiary. He never entered within the walls of that prison, however, as he was met at the doorway with a pardon. McDowell now resides in this county a respected citizen.


Edward McDowell,


a brother of Joseph W., was indicted at the February term of the Circuit Court as a party concerned in killing A. J. Finley. He was arraigned before the Court Feb. 15, 1861, and granted a change of venue to Mason county. He was tried at the March term of the Circuit Court and acquitted.


Enoch Green


Was indicted in February, 1861, for participation in the Orendorff murder. At the June term, 1861, he was discharged.


Thomas Hougle.


Sunday evening, May 24, 1863, Thomas Hougle shot and killed Abner H. Underhill. The tragedy was enacted upon the farm of Underhill, about two miles east of Delavan.' Hougle had lived with Underhill for sometime, but left his employer and a quarrel ensued between them concerning a woman, when Hougle with a shot-gun committed the murder. Hougle was immediately arrested and had a speedy trial, which closed Saturday, June 13, 1863. He was convicted of murder, and Judge Harriott sentenced him to be hung July 9, 1863. Two days before the date of the execution, Gov. Yates commuted the death sentence to a life sentence in the penitentiary. He was taken from the Tazewell county jail July 9, when not a prisoner was left within its heavy stone walls.


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George Dunn.


Thursday, Feb. 9, 1865, the body of David Townsend was found on the farm of Benjamin O'Brien, near Groveland. A jury was called and a post-mortem examination made by Dr. F. Shurtleff. The jury came to the conclusion that Townsend had been shot with a pistol in the back of the head. He was killed on or about the 26th of December. The body was concealed under some logs, where it remained undiscovered until the above date. Townsend and an- other man named George Dunn, had been chopping wood for Mr. O'Brien, and from the sudden and peculiar manner in which Town- send's companion left the neighborhood, there seemed to be little doubt of his being the murderer, although he was never found.


Unknown.


On Thursday, Oct. 19, 1865, the body of a man, at the time sup- posed to be that of George Jackson, was found in the Illinois river near Pekin. The head had been severed from the body, and to pre- vent the body from floating a quantity of iron was fastened around it. The body bore marks of five or six deadly wounds. The corpse was not identified positively, but was thought to be that of George Jackson, a well known resident of the county who had been mys- teriously absent for some weeks. The mayor of Pekin offered a re- ward of $500 for the apprehension of the murderer.


Nothing was heard from Jackson until in 1866, when his wife · went to England, and on arriving in Liverpool almost the first per- son she met was her supposed murdered husband! Who the mur- dered man really was has never yet been discovered, or who com- mitted the deed.


Thomas A. Williamson


Was arrested Monday, Aug. 27, 1866, for the murder of Charles Koch, of Delavan township. Koch was last seen in the neighbor- hood about July 18, but his body was not found until Saturday, Aug. 25, when it was found in the corn-field near his house. The fact that Williamson was living with Koch at the time, and the contra- dictory stories he told concerning the missing man, excited suspicion, and led to an inquiry among the people of the neighborhood. Wil- liamson left and suspicion became stronger then ever. A search was made and Koch's body found. The murdered man was a German and had no relatives in this country.


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At the February term of the Circuit Court, Williamson was tried and found guilty of murder. Judge Harriott sentenced him to be hung Friday, March 22, 1867. Just previous to the day of execu- tion, however, a postponement was obtained until June 21. This faet was not known to the Sheriff until Thursday night. Much dis- satisfaction was manifested among the people at this delay of the ex- ecution. On the 15th of June Gov. Oglesby commuted the sentence to twenty-one years in the penitentiary. He was discharged from prison about April 1, 1879, and went to Kansas, where he says he will live a good and peaceable life.


Enoch West.


A man named West was arrested by Deputy Sheriff Stone June 9, 1868, in Fulton county, for the killing of a German named Henry Winninghaum. The Circuit Court was in session, but his trial was postponed until the September term, when he was convict- ed and sentenced to the penitentiary for nineteen years and six months. ' A new trial was granted, however, and at the February term, 1869, he was again tried, and sentenced to twenty years in the penitentiary.


William Berry and others.


On Friday night, July 30, 1869, Deputy Sheriff Henry Pratt was murdered near Circleville whilst endeavoring to arrest a band of desperadoes, who had long held the community in terror. Armed with the necessary legal papers, the Deputy Sheriff, accom- panied by the jailor, George Hinman, assistant City Marshall Kessler, and Constable W. F. Copes, proceeded to Circleville for the purpose of making the arrests, when he was shot and killed by Ike Berry, one of the parties named in the warrant. Jailor Hinman was wounded, and Mr. Copes made a narrow escape.


The body of Sheriff Pratt was brought to Pekin Saturday morn- ing, when the most indescribable excitement ensued. Hundreds of armed men started to scour the country for the murderers, and by Saturday afternoon five of the gang were captured and lodged in jail. William Berry, who was said to be the leader of the band, was arrested in the city early Saturday morning. The other members of the gang were Emanuel Berry, Ike Berry, Matthew McFarland, C. Daily and Robert Britton. The latter was arrested at San Jose, Mason county, Saturday night, by Marshal Stone, and Ike Berry was captured by M. M. Bassett, at Bath, Mason county, some weeks after.


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Late Saturday night, July 31, an organized body of men, mostly from Delavan, where Berry had killed a young man some time before, proceeded to the jail, overpowered the police, battered down the iron doors of the prison, and after a desperate struggle took William Berry from his cell and hung him to a tree in the jail yard. During the struggle, Berry, who had by some means secured a knife, severely wounded three of the lynchers.


The trial of the remaining desperadoes came off afterwards at Jacksonville, Morgan county, it having been taken to that Court on a change of venue. The jury found a verdict of guilty and sen- tenced the prisoners to the penitentiary as follows: Ike Berry, for life ; Robert Britton, 20 years ; Emanuel Berry, 15 years ; Matthew McFarland, 15 years ; Cornelius Daily, 15 years. Simeon -Berry was found " not guilty," and is now living in Elm Grove township in this county. McFarland was pardoned some three years ago, went out West and was killed. Daily was also pardoned about the same time, and has disappeared. Attorneys Bassett and Rodecker, and Barnes for the defense. Brown, State's Attorney Morgan county, Whitney, State's Attorney of this county, and C. A. Roberts, ex- State's Attorney, for the prosecution. Thus, with the career of a band of bad men, ended the first and only mob violence known in the history of Tazewell county.


William Ashby.


Saturday, Aug. 13, 1870, the body of Alfred Carl, a lad of ten years of age, was found concealed in the brush near the upper end of Pekin lake. About noon the previous day he was sent out by his step-father, William Ashby, a mulatto, after his horse. Not returning Ashby went after him and returned without finding him. The neighbors became suspicious and went in search of the lad, and found the body, which to them showed evidences that he had been murdered. The skull was crushed. Ashby was indicted for the murder, tried and acquitted.


William Costly.


William Costly, alias Nigger Bill, was indicted for the murder of Patrick Doyle, at Pekin, tried and acquitted.


Jehiel Stevens.


Was indicted Sept. 13, 1870 for the murder of a man by the name of Crawl, at Pekin. Crawl was waylaid one night near the


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Wide-awake engine house on Court street, and pounded to death, for which crime Stevens was arrested. A change of venue was taken and he was tried at Lincoln and acquitted.


Samuel E. Willard.


Tuesday morning, June 8, 1875, Samuel E. Willard shot and killed Charles Ziegenbien. Both of these men were farmers, living on adjoining farms, on section 10, Spring Lake township. Willard appeared before Esquire Tinney at Pekin, and on his own evidence was placed in jail on the charge of murder. Willard was indicted at the September term of the Circuit Court for murder, and tried at the November term. The evidence showed that for two years there had been trouble between Willard and Ziegenbien ; that each had threatened to take the life of the other. The difficulty out of which the murder grew arose from the trespass of Ziegenbien's stock on Willard's premises on the previous Sunday. Willard took up his horse and tied it in the brush not far from his barn, sending word to Ziegenbien to come and get it and pay charges. He went over after it, taking a boy with him. The boy went to see if Willard was at home; not finding him he went into the barn after the horse. It was not there. Ziegenbien remained on his horse at the gate. When the boy came out he heard the horse in the brush, went and got it and proceeded to Manito. There the two men met and quarreled. The next morning Ziegenbien started his cows down the road by Willard's house, and as they passed Willard's hired men set the dogs on them. Ziegenbien came out and went down the road to Willard's barn-yard gate, went inside the yard and was engaged in loud talk with the men for dogging his cows. Wil- lard came out and demanded what he wanted, Ziegenbien replied, " none of your damned business." Willard ordered him off the premises, and went to his honse for his gun, procured it and came down to the front gate. Ziegenbien was then passing along the road toward his house. Willard stopped him and gave him a talk- ing; told him he had invaded his premises, abused his family, and interfered with his rights as a citizen. Ziegenbien went on toward his house. Willard followed on the inside of the fence for some distance, finally climbing over. Ziegenbien told him he was a coward to bring out his gun. Willard told him he had come loaded down with arms to kill him. Ziegenbien replied that he was not armed. Willard then laid down his gun and wanted to fight.


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Ziegenbien would not fight. Willard then picked up his gun when Ziegenbien took hold of the barrel, Willard then fired twice, the first shot striking Ziegenbien just below the ribs, killing him instantly, the second shot passed over his head. Ziegenbien was a constable and had a revolver as it was his custom to carry.


The trial of Willard occupied the greater part of the November term of the Circuit Court of that year. Considerable interest was felt in the case, as both the murderer and murdered were well known. The trial lasted ten days, and is said to have been one of the most closely contested criminal cases ever tried in this county. The attorneys for the prosecution were, States Attorney Henry, Ro- decker, Shoup & Dearborn; for the defence, Cohrs, Roberts & Green, and Prettyman.


The jury found Willard guilty of murder and sentenced him to the penitentiary for fourteen years.


George W. Johnson, Stephen D. Johnson and John Pruitt.


The above named persons were indicted for murder in the county of Mason, but they took a change of venne to this county. They were tried in May, 1875. The case was one of unusual importance, on account of the length of time consumed in obtaining a jury and trying it; the enormity and brutality of the murder, the large number of witnesses brought from Mason county, and the ability and reputation of the attorneys engaged in the trial.


The scene was enacted at a dance, and while some of the parties were under the influence of liquor. George W. Johnson and John Pruitt were acquitted, and Stephen D. Johnson was sent to the penitentiary for two years.


George Clinton.


George Clinton, a police officer, shot and killed William Thorpe at Mackinaw, Friday, June 28, 1876. In the preliminary examina- tion it was found the act was justifiable and no crime.


Mrs. Anna E. Weyhrich.


Peter Weyhrich, an old resident of Sand Prairie, died very sud- denly Wednesday night, June 20, 1877. The sudden death and incidents attending it caused grave suspicion of foul play. A jury was impanelled and a post-mortem examination made of the de- ceased, and the stomach sent to Chicago for examination, where it was decided that he came to his death by poison. Mrs. Weyh-


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rich, wife of the deceased, was arrested and tried for the mur- der. The case was taken from this to Logan county and tried the last week in March, 1878. States Attorney Prettyman and J. B. Cohrs prosecuted, and Messrs. Roberts & Green defended.


The trial was a long and tedious one, and the prisoner was found guilty and sentenced to fourteen years in the penitentiary. A mo- tion for a new trial was made and denied, when an appeal to the Supreme Court was taken. This tribunal reversed the decision and remanded the case for a new trial, which took place in July, 1878, and resulted in her acquittal.


Jacob and David Hudlow.


Rudolph Myers, of Sand Prairie township, left Pekin on the night of Dec. 22, 1877, for his home. About 10 o'clock he returned to the city and went to the Central House. There he told of his assault about half a mile below the city,-how three men apprached him in a threatening manner; that one had a dirk, another proceeded to gag him, and the third did the robbing; that he told them to take everything if they would not harm him; that after robbing him they brutally and violently kicked him and fearfully maltreated him; that his watch and chain and money were stolen, and then how he made his way back to Pekin. Medical aid was summoned, and it was discovered he was seriously injured internally. At one o'clock, P.M., Sunday, he died.


Some time elapsed before any apprehension of the murderers was made. On Wednesday, April 17, 1878, at the instigation of Chris- topher Ropp, of Elm Grove, Jacob and David Hudlow were arrested as being the offenders. They were clearing timber in Spring Lake township at the time. They were tried at the May term of the Circuit Court, found guilty of manslaughter, and sentenced to the penitentiary for fourteen years.


CHAPTER VII.


IMPORTANT LABORS OF THE BOARD OF SUPERVISORS.


COUNTY COURT.


TN 1847 a State election was held for members of the Constitu- - tional Convention, which Convention prepared and submitted to the people a new constitution, which was adopted by a large majority. By this constitution, in place of the Commissioners' Court a County Court was organized in each county. This Court consisted of a County Judge, and, if the Legislature saw proper to so order it, two Associate Justices. This the Legislature favorably acted upon. The last meeting of the County Commissioners' Court was held Nov. 7, 1849. After the transaction of such business as properly came before them, they adjourned until court in course, but never re-assembled.


On the 3d of December of the same year the first regular term of the County Court was held. The duties of the Court in a legisla- tive capacity were precisely the same as those of the County Com- missioners' Court. In addition to the legislative power the members of this Court were permitted to exercise judicial authority, having all the rights and privileges of justices of the peace, together with all probate business. This Court consisted of a County Judge and two Associate Justices. The Judge and Associate Justices acted together for the transaction of all county business, but none other. The Justices had an equal vote with the Judge, and received the same salary while holding court, which was $2 per day. Two of the three constituted a quorum.


Benjamin F. James was chosen the first County Judge, being elected Nov. 6, 1849,-the first November election held. The first Associate Justices were Joseph Stewart and Lawson Holland. During the existence of this Court the people were agitating the question of township organization. Many counties of the State,


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since the new constitution, had adopted that mode of conducting county affairs. The constitution gave counties the privilege of adopting either the County Court or the Board of Supervisors. At the fall election in 1849 a vote was taken "for" or "against township organization," which resulted in favor of the new measure.


The County Court had but a short existence. The last meeting was held Saturday, April 6, 1850. In the mean time, however, the Court appointed B. S. Prettyman, Anson Gillon and J. M. Coons a commission to divide the county into townships. This duty they performed in due time. Generally they constituted each congres- sional township a separate town. Beginning at Fond du Lac town- ship they fixed the boundary as it now is, and named it "Fond du Lac," according to the wish of the people. The first election under the township organization was held at Farm creek school-house.


Washington township was laid off six miles square east and ad- joining Fond du Lac. It was called Washington because the village and post office bore that name. The east half of township 26 north, and range 2 west, was attached to Washington at the request of the citizens, as there were not sufficient · inhabitants to form a separate town. The first election was held in the district school-building at Washington.


Deer Creek had its boundaries fixed as they are at present. The first election was held at the Monmouth school-house. The town- ship was named by Major R. N. Cullom, taking the name of the creek that flows through it.


Morton was laid off and named as it is at present. Harvey Camp- bell proposed the name in honor of Gov. Morton of Massachusetts. First eleetion was held at W. W. Campbell's.


Groveland was constituted a township, and its boundaries fixed as they now are. The first election was held at the Randolph house, Groveland. The township took its name from the village.


Pekin township was at first one tier of sections less north and south than it is at present. The northern tier of sections of Cin- cinnati was taken from that township and added to Pekin. It was named after the city of Pekin.


Cincinnati township was laid off by this commission one tier of sections larger than it is at present. The first election was held at the Cincinnati hotel, Pekin.


Elm Grove had its boundaries fixed as they now are. First elec- tion held at Elm Grove school-house.


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Tremont had its boundaries defined by including a Congressional township. First election was held at the court-house at Tremont.


Mackinaw township had its boundaries permanently fixed. First election was held at school-house in the town of Mackinaw.


Little Mackinaw has never had its boundary lines changed. First election held at a school-house on Little Mackinaw creek.


Hopedale at first was christened Highland. The present bounda- ries were fixed. A portion of Boynton township was attached to Hopedale, there not being enough inhabitants to organize a town- ship. First election was held at Mrs. Purviance's residence. The name Highland was changed because there was another township in the State wearing that name.


Dillon was constituted for a Congressional township. First elec- tion was held at the school-house in Dillon.


Sand Prairie, formerly Jefferson, had its boundaries described as they are at present. First election held at John Hisle's. Malone township was not organized, but the territory was attached to Sand Prairie.


Spring Lake had its boundaries described as they remain at pres- ent. First election held at Charles Scewell's.


Delavan was constituted a township as it remains at present, and had a portion of Boynton attached to it.


Hittle was first named Union, then changed to Waterford, and finally to Hittle. It included its present territory and a portion of Boynton. First election held at Hittle Grove church.




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