USA > Illinois > Williamson County > History of Williamson county, Illinois, From the earliest times, down to the present, 1876, with an accurate account of the secession movement, ordinances, raids, etc., 1914 > Part 11
USA > Illinois > Williamson County > History of Williamson county, Illinois, From the earliest times, down to the present, with an accurate account of the secession movement, ordinances, raids, etc., also, a complete history of its "bloody vendetta," including all its recondite causes, results, etc., etc. > Part 11
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WILLIAMSON COUNTY, ILLINOIS. 191
to meet them. She said her sister lived in Butler County, Mo., and was married to Ben Lewis. She was not used as a witness. Lowe left Marion after the trial and went to Ma- kanda, Jackson County, and at ten o'clock iil the night started out to the Smiths, in this county, who were relatives of the Crains. He found where Marshall's folks lived, so that he could shun them ,but it being nearly daylight, he went back to Makanda, and laid up all day. Starting out again at night, he soon found where Marshall and his wife staid all night the night they left the county. It was a half mile east of Makanda. Marshall counted his money here, and said he had enough to go to St. Louis, and then to his uncle, Thomas Crain, in Boone County, Ark. They left here two weeks before for St. Louis, from where he went to Springfield, and then to Boone County, Ark., but returned to Butler County, Mo. He left his wife here with Dr. Adams, and started on foot to the Cherokee Bend to pick cotton, and had got sixty-five miles when he was arrested.
From Makanda, Lowe came to Marion, and on September 20th left for Butler Coun- ty, Mo. On arriving there, he hired A. Thom- as to go out to Dr. Adams and make a sur- vey. He found that Marshall had left on foot for the Bend, carrying a pistol, a budget,
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and wearing velvet pants. The County At- torney wanted Lowe to remain there until Marshall returned, saying that Dr. Adams would report the fact; but Lowe left Thomas to arrest him if he returned ,and took the train for Corning, Ark., thirty-three miles. Here he hired a constable, and left for the Cherokee Bend. Fifteen miles from here he struck Marshall's trail. He had traveled through a wild, sunburnt, arid waste, whose solemn silence is rarely ever broken by the tread of a white man, and his tracks were plainly to be seen in the sand, where the thirsty earth gaped under the merciless sun. Marshall had given his name as "Crain," from Missouri, and had tried to hire at every place he came to. For fifteen miles Lowe followed his trail. Marshall was inquiring for Jacksonport, and Lowe, when asked what he wanted with him, would say, "he stole a watch up in Missouri." They came to a river, when the ferryman told them that Crain was at Mr. Gray's, a half mile ahead. They rode on up to the house, and a woman was stand- ing at the gate, and when asked said Mar- shall was in the house, with a chill on him. It was a double log house, with a 'bed-room between. Lowe went in, and Marshall was lying fast asleep on the bed. Lowe gave him a shake, and he awoke very suddenly, rais-
WILLIAMSON COUNTY, ILLINOIS. 193 ed up and reached for his pistol over his head. Lowe pushed him back with a Der- ringer, and asked him his name. He said, "Marshall Crain," and asked, "who are you ?" Lowe said, "You know me." Marsh said, "Yes, how are you, Frank Lowe?" The con- stable was at the foot of the bed. Lowe told him he had a warrant for his arrest, and asked him if he should read it. Marsh said, "No." Lowe then tied him, and took his pis- tol, and put him on horseback behind him- self. At this juncture Gray came out of the field, and Lowe apologized for the liberty he had taken. Gray said it was all right.
The sun was half an hour high, and it was twelve miles to William Gossett's, the next house, where they arrived at ten o'clock. There they got supper. Frank then made a bed on the floor for Marsh, and hired a school teacher for $2.00, to guard him, and lay down himself. He saw Marsh untying the rope from his legs; he got it off. Frank rose and stopped him. Marsh said he would have jumped through the window and been gone in fifteen minutes. They started on, then, and arrived at Corning that evening . Marsh had a chill, and was put to bed in the hotel. Frank also had a chill. Marsh got something to eat, and then Frank called the jailer, and asked Marsh if he would go with-
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out a requisition ; if he would not, he would put him in jail and get one. Marsh said he wanted the men to understand that he was going to Illinois of his own free will. He was then handcuffed, and wanted Frank to write to his wife, who was ten miles in the country, that he was under arrest, going to Illinois, and that she must not try to come through on foot, but wait until she got money from him. He said she would come through on foot if he did not tell her. He said she was too good for him, and he cared for nobody else on earth. Within four miles of Cairo, Frank told him about the boys being in jail. He did not believe it. Frank produced a Globe-Democrat containing the proceedings at their trial, which satisfied him. Frank said, "Bulliner, Baker and Music have em- ployed me to catch you, so they could swear it onto you, and then come clear; that was the arrangement."
Marsh said, "I don't know so damned well; they are as guilty as I am in the thing." They landed at Cairo Saturday, Sept. 28th, at 4 o'clock a. m., and took a freight train for Carbondale. While going up, Marsh told Frank the whole story that he afterwards swore to. On the train he was very noisy, hallooing for Jeff Davis, and talked freely of killing men. He was mad at everybody, and
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wanted to be unhandcuffed to fight men who asked him questions. At one place, ten or twelve men stood looking at him. He said, "If your eyes were in dogs' heads there would be sheep killed tonight." Well might he be excited, for he was in the hands of a pow- erful, shrewd, ingenious man, who brought every cunning contrivance, and subtle influ- ence to bear on him, to get a confession out of him. It was a wonderful achievement, on the. part of Lowe, to get a full confession out of a great criminal like Marshall Crain in so short a time. He was afraid of a mob, at Carbondale, and seemed anxious and reck- less. When the whistle blowed at Carbon- dale he was frightened. Frank told him that the good people and officers of Carbon- dale would assist him against a mob, and if he had thought of danger he would have telegraphed to Marion for twenty men. He wanted to know if the people were very bit- ter against him. Frank told him they would only hang him, that was all. He said he did not care for his life.
At Carbondale the people did not know him, but presently John Crain came in and settled the matter. Frank took him out to the old house where he had concealed his gun the night he killed Sisney, to get some pow- der and shot which he said Allen Baker had
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put there for him to kill Sisney with. They found the powder. Frank left him at Car- bondale, where he received medical attention until Monday, when he was taken to the Mur- physboro jail.
On the 17th day of September, Sheriff Norris wrote the Governor for arms and am- munition for a company of militia. On the 19th, the Governor promptly responded that he had sent 100 rifles by express. The sher- iff also sent the names of Z. Hudgens for Cap- tain, W. J. Pully first, and Wm. Hendrickson, for second Lieutenants, but these men were not commissioned. The guns arrived Satur- day, the 21st, and an effort was made to raise a company of militia by the Sheriff which ended in a "big laugh." But on the 15th pre- vious, W. N. Mitchell and J. W. Landrum re- turned from Springfield with power to raise two companies, which they did; one at Ma- rion and one at Carterville. The company at Marion was raised on the 25th, and the guns opened. J. V. Grider was elected Cap- tain, Wm. Hendrickson first and W. J. Pul- ley second Lieutenants. There was some op- position to the militia, but these officers were responsible, brave, cautious men, and did nothing to irritate the public, and went quietly along, doing their whole duty. The Carterville company elected Landrum Cap-
WILLIAMSON COUNTY, ILLINOIS. 197
tain, Wm. Dowell first, and Wilshire Bandy second Lieutenants. A kind of local pride seized the surrounding counties at this time, and they were continually holding up the mis- fortunes of each other, and justifying them- selves.
John Bulliner and Allen Baker were in- dicted at the October term of the Jackson Circuit Court and went to trial at the same term, defended by F. E. Albright, of Mur- physboro. Marshall Crain, who was taken from his cell one night, made a desperate ef- fort to escape by running from his guard and falling on the ground, but was recaptur- ed. He had been before the grand jury and swore against Bulliner and Baker, but now formed the design of going back on what he had stated there, and clearing the boys; and wrote the following letter to them in jail, which he was probably persuaded to write :
"Allen, I want you and John to post-man Jack, Sam, Yaller and Thedford, Johnny Rich Jeff, Yaller Bill, Wesley and Sarah Rich that they were to have a surprise party at Sarah Rich's, and I came in eight or nine o'clock, on the night George Sisney was shot and that I was barefooted. I know I sent my boots and coat by Sam Music, but that won't convict me. Now, boys, do all you can for
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me and I will do all in my power for you. Employ the same lawyer for me that you and Allen have got. All is right; if I hang, I fear I will hang. John lecture for me in this case and clear me. When Spence was killed I was at Cal Craig's. Prove this by him and other witnesses, tell to them that I was there about half after nine o'clock, cn the night Sisney was killed. Allen, you and John and all the boys will come clear. I shall swear that I was forced to swear what I did; if I hang it's all right. I shall swear that Sam Music told me that he killed Mr. Spence, and he told me that he was going to put ammunition in that house, so when he turned State's evidence he could make some proof. He told me this. Can you and John state too that he told you that he put it there when he was hauling for Landrum. If you and John come clear, go and post Mrs. Rich and Johnny, and Wesley and Anderson Thed- ford; tell Ant. Thedford to swear he seen me close to his daddy's, at about nine o'clock as he came
from
his daddy's.
He said
he
would
swear any-
thing for
me.
Post
James Craig
and prove by these, and tell mother not to go
back on me, and clear me; they can do it. Have they swore against me?
£ Tell Jim Craig I want to prove I was at his house by
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WILLIAMSON COUNTY, ILLINOIS.
him and another witness when Spence was killed. Give information how I will move my trial to Marion."
This letter was to be destroyed by the boys; but when Marsh went on the stand and denied as he was to, any knowledge of the killing of Sisney, Albright produced this letter, and asked him if he wrote it. Marsh saw the point to this, that he was to be made the guilty party, and he turned like a furious lion and swore them both to prison. Music also swore the facts heretofore detailed. The case closed on the 12th of October, after lasting a week. On the next day the jury brought in a verdict of guilty, with the pen- alty of twenty-five years in the State prison. The case was prosecuted by State's Attorn- ey Pugh, and Duff and Allen, the latter of whom made the finest law speech probably ever made in the West. The prisoners were jovial and noisy until the verdict came in, when a sad, heavy, forlorn expression settled on the brow of Bulliner, never to be removed. Baker was evidently at his father's house, in Carbondale the night that Sisney was killed. He lived about two miles east of there, and went home about ten o'clock that night, and when arrested told Mrs. Hill, with whom he and his wife boarded, that his life depended on what she swore, and suggested that he
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came home about nine o'clock, but did not ask her to swear falsely. She swore to this conversation, and it ruined him. The powder and shot which they proved he bought, was probably left at Purdy's mill. He had had a difficulty with Purdy a while before. $200 worth of belts were cut to pieces, and some powder, shot and caps found lying there.
Baker is about thirty-three years old, fair complexion, long black hair, thin build, and has a desperate-looking gray eye; raised in this county. He was considered a wild reckless, uncertain fellow. He once killed a man near Pine Bluff, Arkansas, while a sol- dier, and was sentenced to six months' im- prisonment in the military prison. He had been married for some months. Marshall Crain once said to me, "Milo, I have got re- ligion as to all my sins but one, and I want to ask you about that." "What is it?" I asked. He answered, "You know I swore a lie against Allen Baker; it was me that killed Sisney, and I swore that it was him." I asked him why he did it. He said, "To save my own neck." I told him that I was no preacher, but if he acted in good faith to save his own neck, it was no sin, but I thought self-defense; that a man had a right to exert all the powers which God had given him, to save his neck, either to swear a lie or to take
WILLIAMSON COUNTY, ILLINOIS. 201
life. He said that was looking at it in a new light. I said, "Then, Marsh Baker is not guilty ?" He replied, "Well-yes-God d- him; he got nothing 'but justice. He was al- ways agreeing, promising and contracting, but I never could get him on the grounds."
It was a heart-rending scene to see John Bulliner parting from his aged mother. He went to the penitentiary and she returned home, to live through dark days and nights, with the clumsy and crude condolence this world gives, and now lives in a little cottage, a half-mile north of the Bulliner homestead. Her life speaks, and her children read in it, "No ray of light for the future." Hence- forth she can say, "I'll bear affliction till it do cry out itself enough, enough, and die. The scene of beauty and delight is changed. No roses bloom upon her faded cheeks. No laughing graces, wanton in her eyes; but grief, lean-looking, sallow care and pining discontent; a rueful train dwells on her brow, all forlorn."
At the October session of the Williamson Circuit Court, Music, "Big Jep," "Black Bill," "Yaller Bill," and Marshall, were all indicted for the murder of Spence. Mu- sic's case was continued; Noah W. Crain alias "Yaller Bill," was admitted to 'bail on motion ; William J. Crain alias "Big Jep,"
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and William J. Crain alias "Black Bill" prayed for a change of venue, and their case was sent to Alexander Co. The indictment against "Yaller Bill" was nolled at the April term, 1876. On Tuesday, October 19, 1875, Marshall T. Crain was arraigned and plead not guilty. He had no attorney, and the Court appointed W. W. Clemens, who filed an affidavit for a continuance, which the Judge said was not sufficient. On Wednes- day, October 20th, the defendant again re- newed his motion for a continuance. The Judge said he could not entertain two mo- tions for a continuance, but that every wit- ness mentioned in the affidavit, should be here tomorrow. The defendant then in per- son withdrew his plea of not guilty, and en- tered one of guilty to the crime of murder, as charged. To this the State's Attorney ob- jected, saying that he could not withdraw his plea of not guilty. The defendant insist- ed by himself and counsel that he had a right to plead guilty, and throw himself upon the mercy of the Court. The Court then fully explained to the defendant all his rights, and the consequence of entering a plea of guilty ; when the defendant again, after a full know- ledge of all his rights, entered a plea of guil- ty. The Court then again had the indictment again read to the defendant, and then again
WILLIAMSON COUNTY, ILLINOIS. 203
ask him if he was guilty or not, and the de- fendant again pleaded guilty to murder. The Court then ordered a jury called, when Crain said he did not want a jury, that he threw himself on the mercy of the Court. Then Judge Crawford ordered the plea of guilty to be entered, and the case continued until Thursday. On that day witnesses were call- ed and examined and from the evidence it appeared beyond all doubt that Marshall Crain was guilty of murder.
During the examination of witnesses the court room became crowded with ladies and gentlemen. Marshall's wife came in and took a seat by him. She is a small, sallow, serene, calm-looking woman, with a half-closed, glas- sy, soulless eye. She seemed perfectly in- different to the battery of eyes upon her. At the close of the evidence, Marshall, who had set like a statue, only occasionally laugh- ing, seemed nervous and exicted. After a few minutes of awful suspense, Judge M. C. Crawford said :
"It is not often that we are called to de- cide a question of so great importance as this. Marshall Crain has been indicted, arraigned and now acknowledges himself guilty of the highest crime known to the law." Here he rehearsed the manner of his pleading guilty, and said, "It is natural for all men to avoid
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serious responsibility, and I would much rather his case had been tried by a jury ; but the defendant persisted in his plea of guilty, and threw himself on the mercy of the Court; and that I might act advisedly, I had the wit- nesses summoned and brought to court to see if the plea was really true, as pleaded in his case; and it clearly appears, not only by the plea, but by the mouths of witnesses, that the defendant is guilty of murder. A murder that seldom occurs in any country, and among any people, a murder without passion. Out in the still woods, God's first temple, they coolly and deliberately planned to take the life of their fellow-man." Here the judge and the whole audience were bathed in tears. He then went over the circumstances of the killing in a feeling and touching manner, and continued, "The Legislature, in making the death penalty, clearly contemplated that there would cases arise which would deserve this penalty." Again he rehearsed the facts to see if they met the requirements of the highest penalty. "By the law we stand or fall. No other crime equals this in coolness, and by all the laws of God and man, this man has forfeited his life to the people of the state. The responsibility is a great one. I hope to God that never again will a court in a civilized country have this duty to do. Here
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WILLIAMSON COUNTY, ILLINOIS.
Judge Crawford 'burst out in a flood of tears, and after a short pause, dashed the tears from his eyes, his face lighted up with an un- earthly radiance, he said, "The people and my position make it my duty to administer the law and promise its judgment, and before my God and my fellow-man, I must do my duty. What have you to say, Marshall Crain, why sentence of death shall not be pronounc- ed against you ?"
Marshall, with a chilled and torpid color, a cold moisture gleaming on his forehead, a severe and majestic expression in his eye, notably intensified by the strong language of Judge Crawford, rose, and in a clear voice said, "I have had no time to prepare for trial. I have been forced into trial. I have been indicted and tried (Two-and-a-half days) without time to consult a lawyer. I was dragged into this work by other parties. I had a higher power and influence over me. I could not resist. I don't think I have done enough to be hung for. Spence was harbor- ing parties that were trying to kill me. I don't think I deserve hanging. I was influ- enced by John Bulliner, a man of good mind and education, and I am not a man of good mind, and no education."
Crawford said; "I am now about to pro- nounce against you the highest penalty of the
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law, and in all probability the sentence will be executed, and you will have to appear be- fore a bar transcendently greater than this. There remains but few powers that can give you relief. The Chief Executive may inter- fere and commute your sentence or pardon you, and the Supreme Court may reverse your judgment; but it is my duty to tell you that neither of these will likely be done. Therefore, I warn you to make your peace with God." Here he spoke of the consolation of the Christian Religion, and said: "I will call upon you, Marshall Crain, as a living witness, that I have warned you to prepare to meet your God," and continued : "The sentence of the Court is that the defendant be hanged by the neck until he is dead, with- in the walls of the prison in the town of Ma- rion, County of Williamson and State of Illi- nois, on the 21st day of January, A. D. 1876, between the hours of ten o'clock in the morn- ing and two o'clock in the afternoon of the same day. May God have mercy upon you."
As Crain was taken to the jail he boasted to the guard that he would never shed a tear. The next day, he asked permission to come before judge Crawford and tell all he knew about the bloody Vendetta. But he was sent to the grand jury and confessed the facts de- tailed by Music, as to himself ; but was taken
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WILLIAMSON COUNTY, ILLINOIS.
from there, screaming at the top of his voice, and his atoning lamentations were heard around the jail for several days. The same day he wrote a letter to Crawford, telling him he had done his duty, and he hoped he would continue to do it, and that the people would forgive him for his crimes, and that the county might be restored to its original peace and prosperity.
After the same term of Court, Calvin Craig, Robert Craig, Monroe Jack and John Jack was indicted for perjury for swearing the alibi for "Black Bill," before Reynolds, J. P.
After the sentence of Crain, a guard of ten men were detailed from the militia to guard the jail by night and two by day. This guard did its duty faithfully until after the execution. Nightly attacks were expected from the "Ku-klux," which were supposed to exist in the county. The guards were often summoned to fall into line at some apparent alarm.
Noah E. Norris, the Sheriff, is about thirty-five years old, a quiet, honest man, and a cousin to the Crains, and on this ac- count there was considerable feeling against him. He was often threatened, and violent outbreaks of passion were sometimes ex- pected, and it was talked "that some man had
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to hang on the 21st." But it is true that he performed his duty, and that under the most trying circumstances and greatest disadvan- tages that ever a Sheriff did. When the feel- ing against him was at its ebb, he removed Charles Robinson, the jailer, a man that the people had confidence in, and put in David Coke, a comparative stranger. But it so happened that Coke was a man from the ground up, and made one of the best and most reliable jailers in the state.
On the 27th day of October, George W. Sisney, Jr., came to the cell, and Marshall said, "Wash, I am ruined, I murdered your father, and ask you to forgive me," and fell weaping on his knees. Wash said: "You murdered him without cause, and I will never forgive you," and walked away with the ex- citement of gratified vanity lighting with radiance on the vestal roses of his cheeks. Some said that Wash ought to have forgiven him, "that forgiveness is the odor that flow- ers breathe when trampled upon." Others said he did right.
Marshall spent his time reading the Bible until, by the 21st of November, he was ready for baptism, according to the rites of the Christian Church. He was dressed in a long, white robe, and taken out under a heavy guard, to the mill-pond of Mann & Edwards,
WILLIAMSON COUNTY, ILLINOIS.
209 and after a sermon by W. H. Boles, was pap- tised into the church.
November 27th, another militia company was organized in the east end of the county, with J. T. Cunningham as Captain, and George Burnett, first and John Davis second Lieutenants.
December 21st, when the night guards went on duty they went into Marshall's cell, where "Black Bill" and "Big Jep" also stayed, and Marsh was gone. The jail was instantly surrounded by the guards, who cocked their guns to shoot him off the roof. The Captain again went into the cell, and found that a hole had been sawed and burnt through the ceiling. A boy was sent up in the garret but could not find Marshall. The Captain then found him rolled up in a mat- tress, in the cell, having come down from the garret, when the alarm was given. He had commenced sawing the shingles out of the roof, and had his blankets torn up for a rope to let him down. How the saw got into the cell is not known. The other boys said they had nothing to do with the attempted escape; that they "aimed to saw out with the stat- ute." After this Marshall was chained down, as he said, "for the slaughter."
On the 25th of December, James H. Dun- can, assisted by W. M. Davis and J. V. Ģri-
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der, the plans having been previously arrang- ed by Duncan-ran in on James Norris at Mr. Poteete's, at a ball, five miles southeast of Marion. This man is the most notorious and dreaded of all the assassins. Sisney tried for a year to have him arrested. He was brought to Marion and put in the same cell with Marshall.
"Big Jep" and "Black Bill" remained in jail until the 31st day of December, when they were taken to Cairo for trial. The case was called January 28th, and lasted until the 8th day of February. In addition to the facts detailed heretofore of the killing, two witnesses swore to seeing "Black Bill" going up to Crainville that fatal evening, another that he was at home in bed next morning, facts inconsistent with the alibi. Threats were sworn to by Narcissa Waggoner on "Big Jep" of a bad character. Music was corroborated by many other circumstances, such as the bringing in of the weed broken at the back of Mrs. Hampton's field. Sev- eral other witnesses swore to the alibi of both boys. A great many swore they would not believe Music on his oath, and they proved good characters. In all, there were about one hundred witnesses. Clemens, Calvert and Linegar appeared for defendants, Allen and Duff for the People. The jury found a
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