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 12

Author: Erwin, Milo
Publication date: 1914
Publisher: Herrin, IL : Herrin News
Number of Pages: 314


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 12
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 12


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


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verdict of guilty, and ten of them being for hanging and two for acquitting, they com- promised on a term of twenty years. When the verdict was read, "Big Jep" cried; but "Black Bill" remained unmoved.


On the 18th of February, a motion for a new trial was overruled, and the prisoners were taken to Joliet.


"Black Bill" stands six feet three inches in height, drak skin, sharp features, gray eyes, black hair and mustache, and very neat in his dress, about thirty years old, and un- married. "Big Jep" this thirty-five years old, stands six feet one inch in height, a full, round face, large head, light blue eyes, brown hair, fair complexion, and, like Bill, dresses neat.


Music said of "Big Jep :" "He did all the planning, but he is a coward, and whenever anything was to happen he would skulk to some relative, and lay concealed like a cut- throat until the crime was over, and then, like a bird of ill-omen, his death-screech was again heard."


Narcissa Waggoner, who swore against "Big Jep," (she having boarded him and Spence at the same time they had their dif- ficulity) is a daughter of George Duncan, a good citizen of this county, and wife of Car- roll Waggoner. She is about thirty years of


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age, and is a woman of strong intellect. Her testimony was clear, consistent and conclus- ive. Before the trial at Cairo it was whis- pered around that her character for truth would be assailed. But persecuted, wounded, bleeding, hunted-down Williamson county rose like a furious lion at the mention of this, and insinuated that it would be considered an assault on honor, an attempt at justice ; and the noise silenced. She is the lady who un- locked the archives of secrecy and let the light shine in. For a time she kept the signet sealed in her own heart, but her spirit chafed and her divine form wasted beneath the load. It came to her in her dreams that she ought to tell it. Honor was beating at her 'bosom. The lives of future victims were pleading with her. The wild winds wafted begging from suffering women to her. All social life demanded it. The moral sense of the civilized world called on her to tell. Our lands had depreciated three millions of dollars, and the people were hopeless; but she put her finger on the guilty party, and the fountains of blood dried up; and the breast of every law- loving citizen swelled with joy and pride at the action of this heroic lady. Humanity will not forget the generous woman who, though living among the criminals, dared to take the proud rank of dignified resistance


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to subordination, and spend the unbrought grace of her life saving her country, where man had failed. She lives in this emancipat- ed, disenthralled county today, an illustra- tion of her exalted womanhood, with the gratitude of her county.


On the 12th of January, 1876, Marshall constructed him a gun out of an old tin can, by rolling the tin around a stick and wrap- ping it with wire. He then took a large car- tridge which Norris had, and when he was turned loose to exercise, went to the provis- ion door and called Music, and told him he wanted him to look at that, as he wanted to show him a sign. He then put the gun in the door and struck the cartridge three times with a poker, but it did not fire. One of the guards told Sam he was going to shoot him, and Sam got away. Marshall said he did not expect to shoot Sam, but to shoot above his head and make him break his neck jerking back. On the 14th, when he lost all hopes of killing Music, he threw his gun out of the window. On the 15th, the following conversation took place between him and Robert Wallace, day guard. Marshall, look- ing out into the hall, asked :


"Is that the place ?"


W .- "Yes."


"Where shall I stand?" said Marsh.


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W .- "On a trap door."


M .- "I thought I would stand above it; will I fall through to the floor?"


W .- "You will drop four feet."


M .- "I want to drop six."


W .- "That would jerk your head off."


M .- "How will the gallows be fixed; will the post come up from below?"


W .- "No; it will be a frame fixed on the floor above."


M .- "Do you think God will pardon a man calling on him in the last moments ?"


W .- "I can not tell."


M .- "I heard Sisney say when I shot him, 'Oh, Lord, have mercy on me.' The Bible says, 'He that calleth upon the Lord, he will pardon.' Do you think Sisney is in Heaven ?"


W .- "I hope so."


M .- "So do I, and I wish he was."


Up to this time he had been jovial and funny, but now he said he had troubled the guards enough; he had something else to think about; that he would do no more to get out, and he hoped none of them thought hard of him.


On the 25th day of October he wrote to his cousin, Jesse Ragsdale, of Missouri, giv- ing an account of his melancholy condition, and on the 16th he tried writing again. He wrote a letter to an abandoned woman in the


WILLIAMSON COUNTY, ILLINOIS. 215


south cell of the jail, advising her to live a life of virtue. This was a sensible letter. He was now daily attended by ministers and religious people, and by his faithful wife. On the 18th and 19th, the gallows was erected by Samuel S. Ireland, by cutting a hole in the upper floor, three feet ten inches square, in which he made a trap door, and erected two posts with a cross beam, six and a half feet from the trap door. On the morning of the 19th, Marshall awoke and screamed out, "Oh, Lord, let me die easy !" and then prayed for a while audibly. On the morning of the 21st, he yearned to pour the balm of forgiveness into the goaded bosom of Music. The strife was over, and the 'battle lost, and the scars of a wounded spirit were imprinted on his face, as the lightning leaves its scathings, and the storms of passion leave their deep and blasted traces on the soul. He asked for Sam to be brought into his cell; but Sam would not go. Marsh told them to get me, that I could bring him in. Sam


him he would go said if I advised


in. I did not , 'but offered him protection, he did not go. Marsh said, "Tell Sam to forgive me." I did so, but Sam would not, saying that Marsh had told things on him that were not true. Marsh said that was so, and now to ask him again. I did so,


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and Sam forgave him for all wrongs. It was a sad scene-two desperate men tamed to child-like softness, and weeping bitterly. They then went over their troubles together, and I carried the words from one cell to the other. Soon after, Marsh's wife entered his cell, and he took her on his knees and embrac- ed her. It was a scene which should be sacred from all intrusion. Even the eye of friendship should not invade its hallowed bounds. Her eyes glittered with a metallic gleam, and the soft curl of her lips was lost in a quiver of dispair. Her's was a deadly pallor. It was the incandescence, and not the flame of passion, that was burning in her in- most 'being. She would burst out into shrieks of great anguish, and then subside into sobs. She dreaded the heaving of her own bosom-dreaded the future and the world. If she could have died she would have been happy and holy in the hope of mer- cy. To be torn from a love made holier by past sorrows, was an insult to the attribute of Heaven. Marsh was in his sock feet, with a pair of jeans pants on, and a ragged jeans coat. He looked care-worn, and shed a few tears. Twenty-seven years old, spare-made, weight 120 pounds, light hair, fair skin, light- gray eyes, with a bashful expression. He was married to Miss Rhoda Rich, March 4th,


WILLIAMSON COUNTY, ILLINOIS. 217


1874. In speaking of the murder of James Henderson, Marshall said that John Bulliner gave Jonas G. Ellett and Mart. Dyal $300 to do it.


By ten o'clock an anxious and expectant crowd was swaying to and fro in front of the jail. He bade farewell to his friends, and told them to bury him in the Hampton Ceme- tery. At eleven o'clock the militia formed on the square, and marched to the jail and surrounded it. At least 3,000 people were present. The jail is situated a little south- east of the Square, and is a brick building, two stories high, with the cells up stairs. At twelve o'clock he was dressed in a white suit, with his ro'be over it. At twelve o'clock and ten minute he took his leave of his wife. At twelve o'clock and twenty minutes, with a firm step, he walked out of the cell and stood before a window on the east side, and in a strong voice said: "Gentleman, I must make a statement in regard to this matter. I feel it my duty to God and man to make it. I am guilty of killing the two men. My punishment is just. I hope all of you will forgive me. I pray God will judge and pros- per this country. Good-bye to all." He then read a poem of twenty-four verses, which he composed for the occasion. Then, with a firm, steady step, he walked on to the trap-


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door. At 12:34 Sanford W. Gee read a few passages of Scripture from John, and then sung, "There is a fountain filled with blood," Crain and all the rest joining in the singing, and then Gee prayed, Crain getting on his knees. The jury was then called and ans- wered. About thirty persons were in the hall. At 12:46 his legs and arms were bound; at 12:52 the white cap was put on his head, and John B. Edrington, Deputy Sheriff, who told him that he had a death warrant, saying, at this hour and at this place he was ordered to hang him. At 12:54 the rope was put on his neck, and the front part of the cap pulled down by J. L. Kelly . When he was asked if he had anything to say, said, "I am the murderer of William Spence and George Sisney ; that is all I have to say." He was asked if he was ready to re- ceive the execution, and said, "I am." He


was then told that he had four minutes to live and said, "That was all." At 12:56 the Depu- ty said, "Time up," and Brice Holland sev- ered the rope which held the trap-door, and Marshall Crain swung between Heaven and earth. After the jerking of the rope he


swung around and then was still; he did not struggle. At 1:06 his pulse beat twenty ; at 1:18 no pulsation at his wrist; at 1:22 pul- sation ceased, and life was pronounced ex-


WILLIAMSON COUNTY, ILLINOIS. 219


tinct by Drs. S. H. Bundy and John O'Hara. After hanging thirty minutes the body was cut down, and his neck was found partially dislocated; the eyes and countenance looked natural. Sheriff Norris mournfully did his duty up to the time of the execution and then left, saying the law should take its course. At 1:30 his body was put in a coffin and tak- en outside the jail and exhibited to the peo- ple, and then given to 'brother Warren, who started at 3:00, for home. He was buried next day. And the wild winds of heaven will sing their hoarse lullaby over his grave un- til the mighty angel Gabriel writes the sol- emn legend, "Finis," on the hoary page of time.


No polished stela points to his rest. He left to his wife as a legacy, the memory of a sad and unhappy man. He had nothing to plead in extenuation of his crime against the laws of his country ; but he has the frail- ty of human nature to plead for him at the bar of God. This is a plea that has ever opened the chambers of mercy to the sorrow- ing children of men. Crain was hung, "and yet men whose guilt has wearied Heaven for vengeance, are left to cumber earth." Mar- shall was not a man of genius; but when he came to this work of blood his skill was dis- played in a wonderful manner. So ingen-


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iously were his plans laid, and so dexterously executed that nothing but treachery itself could unravel them.


Part of Marshall's poem was discovered by Cyrus O'berly to have been taken from one by William Delaney, a New York desper- ado.


James Norris is twenty-five years old, a large, fine-looking man, very intelligent and pleasant, but was a wild, reckless boy-loved all kinds of amusements, and got into some difficulties, and was several times indicted. His father is a respectable citizen of this county. James worked for Bulliner in 1874, when he got into the trouble with Russell and Pleasant. At the April term 1876, he was indicted for the murder of James Henderson, and went to trial defended by Clemens and myself-Allen and Duff prosecuting. Hen- derson's dying declaration was introduced, saying that he saw and knew Norris; also, Jacob Beard testified that he met Norris in Cairo, five days after the shooting, and Nor- ris was armed, and said he was on the scout, and asked if Henderson was dead, saying he knew who killed him. The defense was an alibi, four witnesses swearing that he was in Tennessee that very day. The jury found him guilty, and fixed his time at eighteen years. In overruling the motion for a new


WILLIAMSON COUNTY, ILLINOIS. 221


trial, the Court said he could not let the ver- dict stand, only on the fact that Beard's tes- timony made him an accessory to the crime. He was carried to Joliet, April 27th. Since that Clemens went to McNairy coun- ty, Tennessee, and got fifteen other affidav- its that he was there at the time.


It had been reported in Tennessee that some of the Hendersons were seen there trying to kill Norris and Bulliner, and a com- pany of one hundred men were raised and scouted the country there, in which Norris took part; 'but the Governor refused to par- don him. The people said "This 'alibi' busi- ness is getting 'too thin'," and there was a strong prejudice existing here against the Bulliner family in Tennessee. They thought David Bulliner, Sr., was running the whole Bulliner side of the Vendetta, and any one coming from McNairy county was looked up- on as a scoundrel. This was all wrong. Da- vid Bulliner is a good man, and his son George is as polished a gentleman as lives in Tennessee. Those other men are common, sober, honest men. James Norris was not proven guilty.


Samuel Music stands five feet ten inches high, thirty-four years old, spare built, light complexion, high cheek bones, pale blue eyes, moustache, and a low, broad forehead, with


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black, curling hair, and has an honest, open countenance. He was born in 1842, in Jef- ferson County, Illinois. He had three sisters and four brothers. His father was a poor farmer, and at ten years of age Sam lost his mother. In 1854, his father moved to Union County, Ky. When the war came up, he and two of his brothers joined the 13th Kentucky (rebel) Cavalry, and served one year. Was in the battles of Fort Donelson, Uniontown and Rollington. He deserted the rebels and took the oath. In 1863, his father moved back to this state. Sam came back and was arrested and taken to Louisville, where he remained three months, and was tried for be- ing a guerrilla, and turned over as a prisoner of war, and sent to Camp Chase. In 1865, he was turned loose and came to Illinois. He subsequently lived at Centralia, and for the last eight years lived around Carbondale, working, teaming generally, and drove a hack to Marion for six months, in 1869. In 1872, he hired to drive a log team at Mt. Carbon, and, while at this business, in the edge of Missouri, was married to Miss Mary A. Grif- fan, a very handsome little lady. In August, 1874, he hired to Landrum to team, and moved to Crainville. He has always been a drunkard, and is illiterate. During all the trial and fatigue of the prosecutions, he stood


WILLIAMSON COUNTY, ILLINOIS. 223


up without murmur or complaint. His for- titude never failed under the most searching cross-examinations, but mild, firm and con- fiding, he told the same story over and over. If he had refused to testify, or had broken down, the 'blood of other men would have stained the soil of this county. He said he got into this thing when he was drunk, and had no idea of killing anybody, and now he had done more than justice, he had not been selfish from passion of principle; but had told the whole truth. His case went to trial April 17th, 1876, defended by himself alone, Allen and Duff for the People, who proved his confession, etc.


The defense was that the confession was made under the influence of hope, and not proper evidence. After the argument, the jury took the case, and was out twenty-one hours, and failed to agree; eleven being for acquitting, and one for conviction. And the case was set down for trial on the 21st. By that time f was afraid to try to clear him again, lest I failed, and it poisoned the pub- lic mind against him. Thus far it had been his faithful friend, and the prosecution now threatened to be severe. So, the danger of turning public sentiment against him, was greater than the hope of clearing him. And, if I had failed, and the people turned against


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him, there would have been no hope of par- don. So, i was forced to agree to a verdict of guilty, and a term of fourteen years. Bev- eridge told B. F. Lowe and J. W. Landrum that what ever they wanted done with Music he would do. He, also, wrote to Duff ana Al- len, when he employed them, that they might say to Music, if they thought best, that if he stood firmly by the truth throughout all the trials, he would 'be the subject of execu- tive clemency. And the people supposed that he would make it a point of honor to keep this promise. A petition was sent him, signed by the parties designated, asking Music's pardon; but he refused to interfere in the case.


At the April term, Samuel R. Crain was indicted as accessory to the murder of Spence. He was arrested, but being in the last stages of a pulmonary disease, was bailed in the sum of $5,000.


Milton Baxter had been indicted for the murder of Hinchcliff, and he had been ar- rested and confined in jail a while. At this term the People nolled. He, nor his brother, were connected with the Vendetta, no further than being strong friends to Russell and "Texas Jack."


With this, I seal the volume, and turn my eyes away from the bloody acts of depraved


WILLIAMSON COUNTY, ILLINOIS. 225 men, hoping with all the fervor of which my soul is capable, that God will add no other plague to our county. Enough has been done, to teach the world that sorrow is the first re- sult of ambition, malice or revenge. The first gun of the Vendetta that rang out in the air, betokened a coming storm, and since then crime's destiny and miseries' tale has been unfolded with the stencil plates of blood on the souls of men. Many have become bankrupt on the pathway to shame. The different phases of human life display with unmatched and unequaled clearness to our senses the great wrongs and sins to mankind, and when we, in the course of our lives and professions meet them, we are startled from our unusual composure, and always do take them for warning in the future. I wish they would not occur to attract our notice. I wish we could be spared the recital of such crimes, revealing, as they do, one after another the sins and depravity of society. But justice demands that the guilty should bear the re- proach, anu that the stain should be washed away from the innocent. And while a man has a right before God to protect his own life, he cannot become the aggressor without blame. It was not that spirit of barbarism which kills men in Kansas, that governed the Vendetta, but that spirit which fights


-F 16


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duels in Louisiana. It was the knock-down style of the West, coming in contact with the code of the South. The men who killed Bul- liner would have fought him a fist fight, but they would not fight a duel; and they knew that it was death to insult a Bulliner and then face him. So, they laid down all rules, and that is why the shooting commenced on the other side. It would never have com- menced on the Bulliner side; and it is not to be wondered at if they accommodated them- selves to this mode of fighting in the bushes.


The age of chivalry is gone, but it has left its traces on the hearts, and it may be that they chose to exercise it in a more mur- derous, but less public way. The chastenings of honor inspired both parties with courage, and mitigated their ferocity; for they did not rob or steal, but simply killed. Their common cause gave them unbridled and un- fettered alliance, each acting in subordination to the other. They held secret meetings, where powder and lead was the toast, and where they rejoiced over the death of an en- emy like a conquering gladiator in the Roman Coliseum, with the fire of revenge roasting in their eyes. And so deep-laid were their plans, that treachery alone succeeded where stratagem and ingenuity had failed. The judgments against these parties stand out


WILLIAMSON COUNTY, ILLINOIS. 227


resplendent with the light of noonday as a beacon of warning that they will be dupli- cated when even occasion requires it. At this time, but one side of the Vendetta had been' punished. All on the other side have escaped.


Joseph W. Hartwell, the State's Attorn- ey, served the people well in these prosecu- tions, and they have rewarded him by re- electing him. He was born in this county, and raised a poor boy. When the war came up, he joined the Thirty-First Regiment Illinois Volunteers, and was at the battles of Raymond, Champion Hill, Vicksburg, Kene- saw and Atlanta. July 21st, 1864, at Atlan- ta, his left arm was taken off by a twelve- pound howitzer ball. He came home March, 1865, and that fall was elected County Treas- urer. He lived very hard, having a large family, and studied law under many disad- vantages, but was admitted to the bar in De- cember, 1866. In 1868 he was elected Cir- cuit Clerk, and again ran in 1872, 'but was defeated. In 1874, he was elected Mayor of Marion and May 15th, 1875, elected State's Attorney.


The people owe a debt of gratitude to Benjamin F. Lowe, for his bravery, skill and firmness. He was born in Effingham coun- ty, in 1838, moved to Marion in 1850. He was raised a poor boy, and worked around


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promiscuously. During the war he went South to see the boys from this county there, and on returning was arrested as a spy, but after a month's confinement, escaped his guards, and went to Canada. But he was not a spy, only having brought some money and letters through the line for the friends of the boys. Since the war he has lived at Ma- rion and Murphysboro, serving as City Mar- shal at both places. In 1866, he married Miss Letha McCowan, and is a fine looking man, tall, slim, black hair, whiskers, and dark complexion. He is very pleasant, witty and an agreeable, reliable man. He is a pro- fessionable gambler, and makes most of his money in that way; but he is a peaceable, sober, quiet man, and a man whom the peo- ple have great confidence in, in emergen- cies. He took hold of our troubles when it seemed like death to do so; but the people rallied in solid phalanx to his assistence.


All men agree that the man who coolly and deliberately takes the life of his fellow- man is not fit to live, and the Judge or jury who lets such a man go unpunished richly deserves the wrathful condemnation of man- kind. Yet, Judge Crawford assumed a re- sponsibility that no Judge in our country ever before took, that of hanging a man who plead guilty. And when judges and juries


WILLIAMSON COUNTY, ILLINOIS. 229 take the responsibility of trying and pun- ishing criminals like this, the law will become a terror to evil-doers.


The practice of carrying concealed weap- ons, which grew out of the war, and which led to so much bloodshed, will soon be ended if juries will convict the guilty parties. At the April term, 1876, twenty-two indictments for this offense were found.


Williamson county vindicated herself. She not only furnished the men to suppress crime, but she spent $13,032.79, besides jail fees. We are now beginning to have bright hopes of the future. Men of property would not come among us as long as the pis- tol and gun were used to redress wrongs, and men were allowed to go a "gunning" for hu- man scalps. This has ceased in this county, and now if those editors who labored so hard to traduce our character and disgrace our county, will do as much to restore it, soon peace and prosperity will be printed on the mangled tape of our county, and soon that odium that hangs around our name, like clouds around a mountain, will disappear, and Williamson county will stand forth re- splendent in the light of a new civilization, conspicious and honorable, and take the rank her sons and resources entitled her to.


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EXPENSES OF THE VENDETTA.


Expenses exclusive of Bailiffs and


dieting prisoners. $ 670.24


Witnesses for foreign counties 1,523.55


Guarding jail 2,991.00


Rewards. 4,000.00


Attorney's fees 3,650.00*


Hanging Crain. 100.00


Coffin and shrouding 38.00


Scaffold 10.00


Clothing for "Big Jep" and "Black Bill" 50.00


Total


$13,032.79


OF POLITICS.


Until 1818, the nearest court was held at Shawneetown, but our people had very little business in it, for, at that date, there were only one hundred and fifty souls in Frank- lin county. The records were kept at the residence of Moses Garrett, from 1818 to 1826. In 1820, Lemuel R. Harrison, sur- veyed the town of Frankfort, and in 1826 the court house was built. The first Sheriff of Franklin county was David W. Maxwell, and Samuel T. Russell, of this county, was his deputy, and collected the taxes for 1820 and 1821. Then followed Thomas J. Mans- field and John Crawford. After the division,




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