USA > Illinois > Whiteside County > History of Whiteside county, Illinois, from its first settlement to the present time, with numerous Biographical and Family Sketches > Part 11
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In accordance with the provisions of this act James M. Pratt offered to donate 13 64-100 acres of land, and Augustine Smith 36 36-100 acres, in Lyndon, making together fifty acres, upon which to erect county buildings, and the citizens of Lyndon $1,432 in aid of the same purpose, and these offers were ordered spread upon their records by the County Commissioners at their March term, in 1849.
The election was duly held under the act on the third day of April, 1849, and resulted as follows :
Precincts.
For Sterling.
For Lyndon. Precincts.
For Sterling.
For Lyndon.
Sterling,
I34
3
Fulton,
71
Prophetstown,
4
76
Erie,
I
34
Portland,
73
Rapids,
9
Albany,
100
13
Union Grove,
112
Genesee Grove,
57
7
Lyndon, . . ..
125
Round Grove, ..
83
33
For Sterling 519 votes; for Lyndon 451; majority in favor of Sterling 68.
This vote settled the location of the county seat at Sterling until 1857. During the session of the General Assembly of the State that year an act was passed entitled "An act for the removal of the seat of Justice of Whiteside coun- ty," which was approved by the Governor on the 7th of February. The act provided that an election should be held in the several townships of the county, at the time of holding the general election in November, 1857, at which time the legal voters of the county qualified to vote for Representatives in the Gen- eral Assembly, should vote for or against the removal of the seat of justice from Sterling to Morrison, in section 18 of township 21, range 5, and the re- turns made to the Clerk of the County Court in the manner provided by law for the election of Justices of the Peace. In case a majority of the votes cast were in favor of the removal, the seat of justice would then be declared located in said section 18, in Morrison, provided, however, that the removal should not take place unless a good and sufficient deed should be made conveying in fee simple, free from all incumbrance, to the county, a certain tract of land not less than three hundred feet square in section 18, the deed to be executed and de- livered within a time to be fixed by the Board of Supervisors after they had selected a site for the county buildings, and provided further that the proprietors
76
HISTORY OF WHITESIDE COUNTY.
of the town of Morrison pay to the county the sum of $3,000 to be applied to- wards the payment of the county buildings. The selection was not to be con- fined to the village plat of Morrison, but might be made upon any part of sec- tion 18.
The election under the act was held on the third day of November, 1857, with the following result :
Towns.
For Removal.
Against.|Towns.
For Removal.
Against.
Jordan,
I
136
Fenton,
. . .
Sterling,
711
Newton,
77
2
Coloma,
69
Albany,
110
6
Hume,
2
37
Garden Plain,
106
Hopkins,
21
141
Union Grove,
193
...
Genesee,
13
104
Mt Pleasant,
340
16
Lyndon,.
60
101
Clyde,
62
7
Erie, ..
32
63
Ustick,.
III
I
Portland,
85
54
Fulton,
199
116
Prophetstown,.
209
For removal 1631 votes, against removal 1572; majority in favor of re- moval, 59.
At the November term, 1857, of the Board of Supervisors, Messrs. W. S. Barnes, A. Hurd, H. C. Fellows, P. B. Besse and D. O. Coe, were appointed commissioners to examine and select the ground, at Morrison, upon which to erect the county buildings, and procure the deeds for the same, and also to re- ceive the $3,000 donated by the citizens of Morrison.
The Commissioners reported at the next meeting of the Board that they had selected a tract of land in section 18, township 21 north, of range 5 east, upon which to erect the county buildings, bounded as follows : beginning at a stake bearing north 24 degrees east, two hundred and fourteen feet distant from the northwest corner of block 1 of the town of Morrison, within section 18; thence south 160 feet; thence south 66 degrees east, 300 feet parallel with the north line of said block one ; thence at right angles, north 24 degrees cast, 300 feet ; thence at right angles, north 66 degrees west, 364 feet ; thence at right angles, south 24 degrees west, 152 feet to the place of beginning, being the same land upon which the county buildings now stand. The Committee also reported that they had received a deed for the land made and executed ac- cording to the provisions of the act of the General Assembly, together with the three thousand dollars donated by the citizens of Morrison.
The county offices were moved to Morrison on the 3d of May, 1858, and occupied temporary places until the present buildings were erected. The County Seat since that time has remained fixed at Morrison.
COUNTY BUILDINGS.
The removal of the county seat from Sterling to Morrison in 1858 necessi- tated the erection of new county buildings throughout, and the Board of Supervisors set themselves at work with commendable energy to secure the construction of adequate edifices at the earliest possible period, having in view constantly the three great objects, beauty, safety, and durability. Previous to the erection of the proper buildings the courts and county offices were provided for at different places in the city.
Court House.
The contract for building the court house was awarded to John A. Mckay, of Springfield, the work to be done under the superintendence of a committee composed of E. B. Warner, R. G. Clendenin, and W. S. Wilkinson. The con- tract was let on the 26th of December, 1863, and the structure was to be completed by the first of January, 1865, at a cost of $14,000. The bidding for
77
COUNTY SEAT AFFAIRS.
the work was quite spirited, four of the bidders residing outside of the county. In size the court house is eighty-five feet in length and fifty-five feet in width. The court room is a circle fifty-five feet in diameter, with a gallery on the second floor. On the first floor in the south wing is the Sheriff's office, the main entrance hall, and stairs leading to the second story. In the second story of this wing is the grand jury room, fitted up with necessary tables and seats, in which the Board of Supervisors also hold their meetings. On the first floor of the north wing is the law library, which is also used when required as a consultation room for counsel and clients, and on the second floor of this wing is the petit jury room. The heighth of the court room to the ceiling is twenty- three feet. Height to the top of the observatory, seventy feet. The walls of the building are of brick, with corners of cut stone. The structure occupies a position on beautifully elevated grounds, and from the dome can be seen for many miles around, one of the finest and most luxuriant agricultural sections of the State. The diagrams and specifications of the building were drawn by Mr. B. S. Foreman, Architect, of Morrison. The building was completed in the spring of 1866, and at the April term of the Board of Supervisors of that year the Committee on Public Buildings reported that John McKay, the contractor, had been paid the sum of $14,000, being the contract price for furnishing materials and labor, and erecting the structure, and that the work had been done substantially in accordance with the plans and specifications. Mr. McKay was also paid a further sum of $668.80 for extra labor and materials, making the whole cost of the court house $14,668.80.
Clerks and Treasurer's Offices.
At the April term of the Board of Supervisors in 1862 an appropriation of $1,200 was made for erecting a building for County Clerk's, Treasurer's and Circuit Clerk's and Recorder's offices, the work to be done under the supervision of E. B. Warner, R. G. Clendenin, and A. Farrington. The building is of stone with iron shutters, fire proof, and divided into three rooms so as to accommodate the different county officers who occupy it. It is situated on the western part of the county grounds, on the same eminence with the court house, and was completed during the year.
County Jail.
The first resolution to erect a county jail was passed by the Board of Supervisors at their January term in 1858, and the contract let to Charles Neilson at the March term following, for $10,100. The first cost of the jail was limited to $6,000, but that sum was found insufficient to erect an adequate building for the need of the county. The additional sum of $4,100 became necessary to construct it, and add to it the jailor's residence. Supervisors W. S. Barnes, II. C. Fellows and A. C. Jackson were appointed a committee to receive bids, award the contract, and also superintend the construction of the building. The structure was fully completed under the contract in the winter of 1858 and '59. For several years the building answered the purpose as originally constructed, but in 1876 it became apparent that improvements should be made to it, and at the September session of the Board of Supervisors in that year, an appropriation of $4,900 was ordered for the purpose of repairing and rebuilding the inside, the work to be done under the superintendence of Supervisors Besse, Pennington, Milnes, Spafford, and Wallace. The committee let the contract to P. J. Pauley & Bro., of St Louis, who at once commenced work, and in December of the same year it was completed and accepted by the county. The improvements consisted in the substitution of eight iron cells,
78
HISTORY OF WHITESIDE COUNTY
capable of accommodating four prisoners each, in place of the illy ventilated stone cells. The new cells are ten feet deep, six and one-fourth feet wide, and seven feet high, with a steel corridor five feet wide and twenty-six feet long in front. The jailor's residence is a fine two story brick building, with basement, on the south front of, and connected with the jail.
County Poor House and Farm.
At the June term of the Board of Supervisors, in 1853, a committee con- sisting of W. C. Snyder, Wm. Y. Wetzell and James M. Pratt, was appointed to enquire into the expediency of purchasing a farm and erecting suitable buildings for the purpose of helping and maintaining the county paupers, who afterwards reported that they had selected a farm in Union Grove township consisting of two hundred and forty acres, of which one hundred and twenty acres were enclosed and under cultivation. The farm was reported to be prai- rie with the exception of thirty acres of savanna, and about eight acres of pas- sable wood land, and was watered by never failing springs. The buildings con- sisted of a good stone house, barn and outbuildings of wood. The cost of the farm was $25 per acre, and the payments to be one half cash, and the balance in one and two years' time with interest at ten per cent. per annum. The report was accepted, and a committee appointed to purchase the farm at the terms reported, the farm to be known as the "County Poor Farm." This farm was used for the purposes for which it was purchased, until 1869, when it was sold, the right of occupation being, however, reserved until April 1, 1870.
At the April term in 1869, the Board of Supervisors appointed James M. Pratt, L. S. Pennington and H. R. Sampson a committee to select another and more suitable location for a poor farm, which should be near a railroad, the committee also being authorized to erect upon it suitable buildings of stone or brick. At the July term the committee reported that they had selected a farm containing one hundred and eight acres belonging to Wm. Knox, on the Ster- ling and Morrison road, just north of the Chicago & Northwestern Railroad, and situated in section 23, township 21 north, range 5 east, the price to be $45 per
acre. Upon the presentation of the report the committee were directed to purchase the farm of Mr. Knox, and proceed to the erection of buildings, the cost of the latter not to exceed $15,000. Bids for the construction of the Poor House upon the plan adopted by the committee were at once advertised for, and at the September term, 1869, the contract awarded to Switzer & Kennedy, of Morrison, for $11,600. They were also to receive an additional sum of $400 for stone caps to doors and windows, and for grouting the bottom of the basement, as their bid did not include these additions. The heating furnace, cisterns and outbuildings were not included in the contract. The Poor House building and the barn were completed in the summer of 1870, and at the September term of the Board the committee reported that they had paid Switzer & Kennedy $11,- 900 for the construction of the former, and $1,548 for the latter, as provided in the contract.
The Poor House is 72 by 50 feet in size and three stories high with base- ment. On the ground floor are the family kitchen, paupers' kitchen and dining room, cellar, furnace room, two bath rooms, two pantries and the store rooms. The first floor contains a large sitting room in the center of the building and two bed rooms in the rear. Ou either side of the sitting room is a vestibule, which on one side connects with an office, and on the other with a parlor. Back of the parlor and office are four sleeping rooms, and two cells. The second floor is divided into twelve apartments, in four of which are capacious closets. The building is divided into two distinct portions, one intended for the use of
79
CIRCUIT COURT.
male, and the other of female inmates. In the front of the house are fine stone steps with iron railings leading to an extensive porch, surmounted by an elabo- rately finished portico. The general architecture of the exterior, as well as the interior of the house from the basement to the attic, shows that the whole work was done by master hands. The farm lies on both sides of the road, the land being slightly rolling, and admirably adapted for agricultural purposes. There is a fine apple orchard on the place, besides a great variety of small fruits such as grapes, raspberries, plums, currants, etc. Taken altogether the County Poor Farm affords a home which equals that of many outside of its precincts, who scorn the name of pauper, and the fact that a liberal and ample provision is thus made for the poor of the county, reflects great credit upon the generos- ity and humanity of its inhabitants.
County Insane Building.
It soon appeared after the County Poor House became occupied that better and more ample accommodation was necessary for the care and protection of the insane poor. The people of the county determined early that this unfortunate class of the population should have the best care that could be given them, and hence had assigned to them proper rooms in the old as well as the new County Poor House. With the increase of population came an in- crease of the number of these persons, demanding more full accommodation which could only be properly effected by the construction of a separate build- ing. At the September term of the Board of Supervisors, in 1874, it was therefore recommended that an appropriation be made for the erection of a building for this purpose on the County Poor Farm. The committee on paupers, of the Board, was at the same time appointed a special building committee to procure the necessary plans and specifications, and report them, with an esti- mate of the entire expense of erecting the structure, at a special meeting of the Board to be held as soon as the report could be prepared. The special meet- ing was held in December, 1874, when the following plan of the building was adopted. The building to be 32 by 44 feet, to stand detached from the main county building at a distance of eighteen or twenty feet, running north and south, and to consist of a stone basement ten feet in height, and two stories of brick each ten feet high, containing sixteen cells, with ample hall and room on each floor for recreation and exercise. The contract for constructing the build- ing was let to J. A. & A. McKay, of Morrison, at a cost of $5,995, to which $100 was afterwards added for fines. James B. Mason was appointed Superin- tendent of the work, and Mr. Platt, of Sterling, as arbitrator to whom all matter of changes as to prices should be referred. On the 29th of November, 1875, the committee reported to the Board of Supervisors that they had on that day accepted the Insane Building as completed, and settled with the contractors, J. A. & A. Mckay, the total cost of the building being $7,429,47.
CIRCUIT COURT.
The first Circuit Court for the county of Whiteside was ordered to be held on the second Monday of September, 1839, at Lyndon, but for some reason was not held until the Thursday after the third Monday in April, 1840. At that term there were present, Hon. Dan. Stone, Judge of the Sixth Judicial Circuit, Erastus G. Nichols, Clerk, Shelton L. Hall, Circuit Attorney, and JJames C. Woodburn, Sheriff. The following attorneys were also present: Harvey & Woodruff, Edward Southwick, Hugh Wallace, J. M. Goodhue, James McCoy, Knox & Drury, Isaiah II. Marshall, Isaac Hopkins, L. B. Knowlton, Mr. Fraser, Mr. Evans, Mr. Davidson and Mr, Kellogg.
80
HISTORY OF WHITESIDE COUNTY.
The Sheriff returned in Court the following named persons as grand jurors: Jason Hopkins, Wiatt Cantrall, Henry Burlingame, Jacob Sells, James Talbot, Jeremiah Johnson, James Row, Hiram Harmon, Jabez Warner, W. F. Van Nor- man, A. W. Newhall, Brainard Orton, John C. Pratt, Jonathan Haines, D. B. Young, Wm. Wiek, John Wick, Erastus Allen, P. B. Vannest, David Mitchell, Hosea Jacobs, Daniel Reed, Edmund Cowdrey and C. G. Woodruff. The Court ordered the Sheriff to summon six other persons, having the qualifications of grand jurors, from the bystanders, and the following were summoned aceord- ingly: Wm. Heaton, Ivory Colcord, A. J. Matson, Horatio Wells, Chas. R. Rood and Hezekiah Brink. Wiatt Cantrall and C. G. Woodruff were afterwards dis- charged for eause.
Erastus G. Nichols resigned the position of Clerk, and R. L. Wilson was appointed by the Court in his stead.
The first case entered upon the docket was entitled "William R. Cox vs. Hutchins Crocker, Assumpsit." Upon its being called the plaintiff's attorney appeared, and on his motion it was ordered that the suit be dismissed at plain- tiff's costs.
Isaiah H. Marshall, Joseph Knox and Isaac Hopkins were, upon motion, admitted as attorneys and counsellors of the Court ex gratia.
Writs were issued against John Baker, A. M. Wing, Alfred Slocumb, Henry Boyer, A. C. Jackson, Harry Smith, John Chapman, Isaac Merrill and W. S. Barnes, for contempt of court in failing to attend as grand jurors, and also against J. A. Reynolds, D. P. Brewer, Lyman Blake, H. F. Rice, J. T. Atkin- son, Joseph Town, Charles Clark, Ivy Buek, Chester Lusk, Van J. Adams and E. Wick, for contempt in failing to attend as petit jurors.
At the May term of the Circuit Court, in 1841, the first divorce case of which there is any record in Whiteside County, was entered upon the docket. In that suit Mary Beeman prayed for a divoree a vinculo from her unworthy liege lord, James Beeman. The first criminal trial in the county was also held at this term of the Circuit Court, and was entitled "The People vs. Daniel Dolan, rape." The case was tried on a change of venue from Lee. The jury found Dolan guilty, and fixed his punishment at three years in the penitentiary.
The following are the circuits to which Whiteside has been attached, together with the counties composing them, and the times fixed for holding Court in Whiteside.
By an act of the General Assembly approved March 2, 1839, the 6th Judi- cial Circuit included the counties of Rock Island, Whiteside, Carroll, Stephen- son, Winnebago, Boone and Jo Daviess, and provided that terms of the Court be held in Whiteside County on the second Mondays of April and September. The act of 1840, however, changed the time to the first Thursdays after the third Mondays in April and September.
The act approved February 23, 1841, gave to the 6th Judicial Cireuit the counties of Jo Daviess, Stephenson. Winnebago, Boone, Lee, Carroll, White- side, Rock Island, Mercer and Henry, and fixed the time for holding courts in Whiteside on the second Monday of May, and the third Monday of September, in each year.
By the act approved February 27, 1847, the counties of Lee, Whiteside, Henry, Mercer, Roek Island, Carroll and Jo Daviess were made to constitute the 6th Judicial Circuit, with the terms in Whiteside to be held at Sterling on the third Monday in April, and the fourth Monday in August of each year. In 1849 the Cireuit was changed so as to include the counties of Jo Daviess. Ste- phenson, Ogle, Lee, Whiteside and Carroll, with the terms in Whiteside to be held on the third Mondays in April and September, and was again changed in
81
PROBATE AND) COUNTY COURTS.
1851 so as to include Henry, Rock Island, Ogle, Lee, Carroll and Whiteside, with terms in the latter on the third Mondays in April, and the first Mondays in October in each year. Between 1851 and 1857 the composition of the Cir- cuit remained the same, while the terms of Court in Whiteside were changed twice, first in 1852 to the second Mondays in April and fourth Mondays in Octo- ber, and in 1855 to the second Mondays in April and the second Mondays in October.
The act approved February 5, 1857, provided that the counties of Lee, Ogle, Whiteside and Carroll should compose a Judicial Circuit to be called the 22d Judicial Circuit, with the terms of Court in Whiteside to be held on the fourth Mondays in March and October. This act also provided for the election of the Judge and a State's Attorney. In 1859 terms of Court were ordered for Whiteside on the third Monday in January and May, and the second Monday in August, and in 1871 the terms were increased to four, to be held on the fourth Monday in August, first Monday in December and second Monday in March and June. By the act of March 28, 1873, Whiteside, Carroll, Ogle and Lee were made the 3d Circuit, terms unchanged; and by the act approved June 2, 1877, Winnebago, Jo Daviess, Stephenson, Carroll, Whiteside, Ogle and Lee were con- stituted the 13th Circuit, with three Judges. The terms of Court in Whiteside so far have not been changed.
Following is a list of the Judges of the Circuit Court to the present date; also a list of the State's Attorneys in the Circuit to 1872, when the office was abolished so far as it applied to Judicial Circuits, and a State's Attorney was elected in each county in the State:
Judges :- 1840, Dan Stone; 1841-'48, Thos. C. Browne; 1849-'50, Benj. R. Sheldon; 1851-'55, Ira O. Wilkinson; 1855-'56, J. Wilson Drury; 1857-61, John V. Eustace; 1862-'77, Wm. W. Heaton.
State's Attorneys for the Circuit :- 1840-'42, Shelton L. Hall; 1843-'44, Jos. B. Wells; 1845, Jas. L. Loop; 1845-'46, Thos. L. Turner; 1847-'52, Henry B. Stillman; 1853-'57, Wm. T. Miller; 1858-'60, Robt. C. Burchell; 1861-'72, David McCartney.
County State's Attorney :- 1872-'77, David McCartney.
PROBATE AND COUNTY COURTS.
By an act of the General Assembly, approved March 4, 1837, each county of the State was authorized to elect one additional Justice of the Peace, "to be styled by way of eminence and distinction, the Probate Justice of the Peace." These Justices were vested with the same powers and jurisdiction in civil cases, and were subject to the same rules of law, as other Justices of the Peace. In addition to these judicial powers, they were vested with the following minister- ial powers:
To administer all oaths or affirmations concerning any matter or thing before them; to issue and grant letters of administration, testamentary, and of guardianship, and repeal the same; to take probate of wills, and repeal the same; to determine the person or persons entitled to letters of administration, or to letters testamentary, and in general to do and perform all things concerning the granting of letters testamentary, of administration or of guardianship; to receive, file, and record inventories, appraisement and sale bills; to require executors, administrators and guardians to exhibit and settle their accounts, and settle for the estates and property in their hands, and for that purpose to issue citations and attachments into every county in the State, to be executed by the Sheriff of the county.
The first record of this court in Whiteside County, was made on the 29th
[G-10.]
82
HISTORY OF WHITESIDE COUNTY.
of October, 1839, where the will of Joseph H. Carr was admitted to probate. Ivory Colcord and Wm. Wiek were appointed administrators under the will, and gave bond in the sun of $800. The first Probate Justice of the Peace elected was Daniel B. Young, who was commissioned June 6, 1839, and held the office until February 8, 1842, when Robert L. Wilson assumed the duties. Col. Wilson continued in the position until 1849, when the powers and duties of the office were transferred to the County Court which had been created by an act of the General Assembly that year.
The act of the General Assembly approved February 12, 1849, provided that there should be established in each county in the State, a court of record to be styled the County Court, to be held by, and consist of one judge styled the County Judge. The act also provided that the County Judge should be elected on the Tuesday after the first Monday in November, 1849, and every four years thereafter, and that a clerk of the court should be elected in each county at the same time and place of electing the judge, the term of the clerk to be the same as that of the judge. The County Court was vested under the act with all the powers and jurisdiction of the Probate Court. The act further provided that the County Judge, with two Justices of the Peace designated and provided for, should, in all cases whatever, sit as a County Court, and have, exercise, and possess all the power, jurisdiction and authority of the County Commissioners' Court. And that terms for the transaction of county business, be held on the first Mondays of December, March, June and September, in each year. The terms for the transaction of probate business were ordered to be held on third Mondays of the months when the County Court was held, and on the first Monday of every other month. Under this act N. G. Reynolds was elected the first County Judge.
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