Illinois, Crawford County historical and biographical, Part 125

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn
Publication date: 1909
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1058

USA > Illinois > Crawford County > Illinois, Crawford County historical and biographical > Part 125

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that tract of country within the following boun- daries, to-wit: Beginning at the mouth of the Embarras River, and running with the said River to the intersection- of the line dividing Townships number three and four north of range cleven west of the second principal meridian ; thence west with said township line to the meri- dian, and then due north until it strikes the line of Upper Canada; thence to the line that separates this Territory from the State of Indi- ana, and thence south with said division line to the beginning, shall constitute a separate Coun- ty, to be called Crawford; and the seat of jus- tice shall be at the house of Edward N. Cullom, until it shall be permanently established in the following method, that is: Three persons shall be appointed. to-wit: John Dunlap, Thomas Handy and Thomas Kennedy, which said com- missioners, or a majority of them, being duly sworn before some Judge of Justice of the Peace of this Territory, to faithfully take into view the situation of the settlements; the geography of the country, the convenience of the people, and the eligibility of the place, shall meet on the sec- ond Monday in March next, at the house of Ed- ward N. Cullom, and proceed to examine and determine on the place for the permanent seat of justice, and designate the same: Provided, the proprietor or proprietors of the land shall give to said county, for the purpose of erecting public buildings, a quantity of land at said place not less than twenty acres, to be laid out in lots and sold for the above purpose. But should the said proprietor or proprietors refuse or neglect to make the said donation aforesaid, then, in that case it shall be the duty of the commissioners to ments in said county, which place, when fixed fix upon some other place for the seat of justice, as convenient as may be to the different settle- and determined on, the said commissioners shall certify under their hands and seals, and return the same to the next county court in the county aforesaid : and as a compensation for their ser- vices, they shall each be allowed two dollars for every day they be necessarily employed in fixing the aforesaid seat of justice, to be paid out of the county levy, which said court shall cause an entry thereof to be made on their records, etc., etc.

The foregoing document is signed,-

"SETH GARD,

"Speaker of the House of Representatives, pro tempore."

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"PIERRE MENARD,

"President of the Legislative Council."

"Approved, December 31, 1816."

"NINIAN EDWARDS."

For some years after the county was organized all its official business was transacted by Jus- tices of the Peace. The County Court held its first session February 26, 1817, in the dwelling of Edward N. Cullom, in the vicinity of what is now the town of Palestine, Justices Edward N. Cullom and John Dunlap presiding, Francis Cul- lom being Sheriff, and Edward H. Piper, clerk. The first proceeding was to confirm the bond of Mr. Cullom and install Joseph Malcom as con- stable. It next divided the county into election precincts, the first named "Allison," and extend- ing from the mouth of the Embarras River up the Wabash to the center of Township 5; the second called "Lamotte." and covering the coun- try running from the center of Township 5 to that of Township 8; and the third, designated as "Union," took in the region north of Township 8, up to the Canadian line. The assessors of these districts were: for Lamotte, Joel Cheek ; Union, Isaac Moore, and Allison, George W. Kincaid. The court also installed road over- seers and fence viewers for the same precincts. Taxes were assessed at the following rates: on horses, mares, mules and asses, 3712 cents per head; on stallions, an amount proportionate to fees charged by owners; on every person over sixteen years old held in slavery, $1.00; on all unmarried men over 21 years of age, not having . taxable property to the amount of $200, $1.00; on houses of every description, 30 cents on each hundred dollars of valuation ; on James Gibson's ferry, $5, and on that of E. Twombly, $3. The following legal ferriage rates over the Wabash were established : for wagon and team, 75 cents ; a two-wheeled carriage, 371/2 cents; a man and horse, 121% cents; a man on foot, 61/4 cents ; cattle, four cents a head, and sheep and hogs, two cents a head. At the second term of the county court, held in the same house, June 23-24, 1817, Messrs. Cullom and Dunlap and Isaac Moore sitting as Justices, a permit was issued to Isaac Parker to build a water mill on Mill Creek. North of Palestine, some 25 miles ; George Catron, William Lockard and James Caldwell were appointed to "view and mark out a road" from Edward N. Cullom's, on Lamotte Prairie. to the head of Walnut Prairie; and to Smith Shaw, Benjamin Eaton and Francis Cullom was

entrusted the duty of viewing out another road from Cullom's place to the ferry of Arthur Jones. Edward H. Piper filed his bond as County Clerk ; Allen McGahey, as first Coroner, and John Dunlap as first County Surveyor. The third term was occupied with minor details ; but at the fourth term, held by Justices Samuel Harris, George W. Kincaid, James Shaw. Smith Shaw and Joseph Kitchell, on April 6, 7 and 8, 1818, Seth Gard and Peter Keene presented their report on the location of the county-seat, these gentlemen having been appointed by the Legisla- ture for that purpose in place of those named in the original act. The location was fixed as follows :

"The center of said public square to be 80 rods north of the southeast quarter of Section 31, Township 7, north, Range 11 west, and to extend exactly on the line dividing Sections 34 and 35 in the township above stated. The donation given to the county to be one equal half of 60 acres of ground, to be laid off on the following quarter-section : To be laid the whole length of the S. E. quarter of Section 34, as above stated, and on the east side of said quar- ter, and the whole length of the S. W. quarter of Section 35, to be laid the whole length of said quarter, and on the west side of the same."

PALESTINE LAID OUT .- The town of Palestine was laid out on the tract thus described, being divided into 160 lots, with streets and alleys. The land on the east side of the square was owned by Edward N. Cullom, and that on the west, by Joseph Kitchell, every alternate lot be- ing donated to the county by them. Such lots were sold from time to time by David Porter, appointed for this purpose by the county, and stores and houses were gradually built, the place developing slowly into the town of Palestine. This continued to be the county-seat, until by popular vote, October 12, 1843, the town of Rob- inson was designated in its stead.

At the fourth term of the county court, when Palestine became the official center. wolf scalps, at $2 each, were made a legal tender in Craw- ford County, being receivable for county taxes, and legal tenders for "whisky, tobacco and other necessaries of life." At a subsequent term of court wolf scalps were presented as follows : one, each, by Jan Martin, J. Gallon, John Gar- rard, Chalkey Draper, John Berry, George W. Carter, John Miller. William Y. Hackett, and William Lowe: nine by James Gain; three, each,

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by John Allison and Hugh Miller ; five by John Waldrup; two, each, by Jacob Blaze, James Gill and Abram Coonrod; and ten, each, by Thomas Handy and Francis Cullom. At this term it was provided that retailers of whisky should take out a tavern license, and provide sufficient room for a specified number of guests, with accommo- dations for their horses. The court regulated the prices of beverages sold by tavern-keepers thus : a half-pint of wine, French brandy or rum, 50 cents; half-pint of peach or apple brandy, 1834 cents ; half-pint of whisky, 121% cents. The price of a meal was fixed at 25 cents, and of a horse-feed, at 121% cents.

CHAPTER III.

A PERIOD OF TRANSITION.

FIRST COUNTY JAIL BUILT IN 1818-ILLINOIS BE- COMES A STATE DURING THE SAME YEAR- ADOPTION OF A STATE CONSTITUTION RESULTS IN CHANGES IN COUNTY GOVERNMENT-FIRST BOARD OF COUNTY COMMISSIONERS-OTHER COUNTY OFFICERS-A SERIES OF COURT HOUSE DISASTERS -FIRST AND SECOND BUILDINGS BURNED, THE LAST BEFORE IT WAS TURNED OVER BY THE CON- TRACTORS-A THIRD BUILDING ERECTED IN 1833 SERVES UNTIL REMOVAL OF THE COUNTY SEAT TO ROBINSON IN 1843-FIRST COURT HOUSE ERECTED IN ROBINSON IN 1844 AND SECOND JAIL IN 1845 -- A STONE JAIL ERECTED IN 1877.

At the period of the fifth term of the County Court in 1818, the time had come when the build- Ing of a jail was a necessity. As the population increased the lawless element had made its pres- ence manifest, and methods of restraint had be come imperative. The contract to build a prison of hewn logs twelve inches square, was let to John Woods, the lowest bidder, August 22, 1818, and he completed the work for $514, County Clerk Piper superintending the construction. Commencing December 7th of the year, the last term of the county court under the old Terri- torial system was held with Joseph Kitchell, David Porter and Thomas Anderson as Justices. Illinois had been admitted into the Union as

a State during the year, and a change in the law provided for the transaction of official business pertaining to counties by a body called County Commissioners, three for each county. The first Commissioners were Wickliffe Kitchell, Edward N. Cullom and William Barbee, and their first session began June 7, 1819, in James Wilson's tavern in the town of Palestine, Edward H. Piper serving as Clerk, John H. Woodworth, Sheriff, and Thomas Kennedy being appointed County Treasurer. In December, 1819, the new County Commissioners formally accepted the jail built by Joseph Wood, and the same month, accepted the new court house erected by Will- iam Lindsey, of Vincennes, Ind., under a con- tract previously let, the latter building being first used for court purposes in March, 1820. At the October term of the court in that year, it was ordered: "That Venetian blinds be made for the court house in Palestine and slips to shut them against; that the two doors be faced with strong ruff scantling, and double batten- shutters be made and hung to each; that the windows and doors be hung with good wrought or cast iron hinges, and each side be cornished up with good, neat, solid cornish, like that on the steam sawmill at Vincennes." The material was of a very inferior quality and the construction was equally poor, so that, although occupied for several years, the county had refused to pay for it in full until compelled by a judgment rendered against it in the Circuit Court of Edwards County. It was never entirely completed, and in course of time, was thrice struck by lightning, the walls being damaged to such an extent that they were finally taken down, the material being sold. The county being now without a court house, second official quarters were obtained wherever the county could rent space, the Clr- cuit Court sometimes sitting in one part of the town and the grand jury holding its session in another. In March, 1830, the County Commis- sioners passed an order providing for the build- ing of a frame court house on the southwest corner of the public square. The hewn timbers for this building were furnished by David Por- ter at a cost of $119, and Benjamin Myers and his six brothers put up the building. On the night before it was to have been turned over to the county authorities it was destroyed by fire. In December, 1832, County Commissioner John Boyd, James H. Wilson and Asa Norton passed

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an order "that another court house be built on the same ground, and of the same kind and size as the one burnt." This structure, which is still standing, was built by Sewell Goodridge and Presley O. Wilson, and was occupied by the county for official purposes until the removal of the county-seat to Robinson. It was afterwards used for several years as a place of worship by the Christian denomination. The first court house in Robinson, costing $4,200, was erected in 1844, the expense of its construction being paid from the "bonus fund," consisting of money re- ceived from the sale of saline and mineral lands, together with donations made by the State, amounting to several thousand dollars, in aid of county improvements. The old log-jail was moved to Robinson in 1843 and was succeeded by a brick jail in 1845, the latter giving place to another containing iron cells, two years later. In 1877, a stone jail was built, southeast of the court house.

CHAPTER IV.

COURTS-BENCH AND BAR.

FIRST CIRCUIT COURT IN CRAWFORD COUNTY HELD IN TERRITORIAL DAYS-FIRST COURT CASES AND FIRST GRAND AND PETIT JURIES-OTHER NOTABLE CASES-TRIAL OF THREE INDIANS FOR MURDER -- A RECORD BREAKING SERIES OF INDICTMENTS AGAINST ONE CRIMINAL-MILD VERDICT FOR A FUGITIVE-LIST OF JUDGES WHO HAVE PRESIDED OVER CRAWFORD COUNTY CIRCUIT COURT-PER- SONAL SKETCHES OF MEMBERS OF THE BENCH AND BAR.

The first Circuit Court for Crawford County was held at the house of Edward N. Cullom, Sep- tember 15, 1817, the presiding Judge being "Hon- orable Thomas Towles." The first Grand Jury was composed of William Howard, foreman ; Daniel Travis, William Travis, Thomas Mills, Ira Allison, Samuel Allison, Asahel Haskins. John Waldrop, Sen., Richard Eaton, Thomas Jones, Daniel Martin, William Garrard, Benja- min Parker, Jonas Painter, Samuel Brimberry, Peter Price, John Lamb, William Everman, Will-

iam Hicks, George Smith and Newberry York, who were "sworn to inquire for the county of Crawford," and "received their charge and re- tired out of court to consider of their present- ment." The first case tried was a simple suit for debt brought by Stephen Beck against Joseph Bogart, in which the defendant confessed judg- ment, which was accordingly rendered. The

second trial, a jury case, was on a charge of as- sault and battery brought by Elisha Bradberry against Robert Gill, the jury consisting of the following persons: Thomas Wilson, Ithra By- shears, Joseph Shaw, John Funk, Andrew Mont- gomery, John R. Adams, James Moore, Joseph Eaton, Joseph Wood, Isaac Parker, George Bogher and James Gibson. The verdict was for the plaintiff in the sum of $37.02, which the court confirmed. At the same time it was "ord- ered that Thomas Handy, Charles Neeley and John Funk, Jr., be summoned here at the next term of this court, to show cause why they shall not be fined for failing to attend as grand jurors agreeably to the summons of the sheriff." Among the indictments returned by the grand jury was one in the name of the United States versus Cornelius Taylor "for bringing home a hog with- out the ears." The next term of the circuit court of which there is any record is held in Pales- tine. July 7, 1819, presided over by Honorable Thomas C. Browne, with William Wilson as cir- cuit attorney. An indictment was reported by the grand jury at this term in which three Dela- ware Indians-William Killbuck, Captain Thom- as, and Big Panther-were charged with the murder of Thomas McCall, a surveyor, who in trading with the Indians, was in the habit of giving them an order for whisky on Cornelius Taylor, keeper of a still-house. In this case Mc- Call handed them a supposed order, which in- stead was a request not to give them any liquor. On discovering this the Indians became incensed and killed McCall. The jury returned a verdict of guilty, but a new trial was granted, Killbuck being arraigned separately. He was convicted and sentenced to be hanged on July 14, 1819, but made his escape. Captain Thomas and Big Panther were subsequently released on a nolle prosequi entered by the public prosecutor. The large number of assault and battery cases tried in these days indicates that fighting was the most common form of law-breaking, and many of the most violent characters of the frontier figured in

COURT HOUSE

CRAWFORD COUNTY COURT HOUSE

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the trials. Among these was Cornelius Taylor, whose vicious practices have kept his memory allve in this region. During one term of court he was indicted for larceny, assault and battery, rape, horse-stealing and hog-stealing, and was privately accused of other grave offenses. Some of the trials were almost comical in their results, among them being that of Hugh Dail, indicted for assault and battery, who fled to Edgar County, whence he was brought back by the Sheriff under a writ, and, pleading guilty, was fined 50 cents and "costs."

This session of court lasted two days, five civil cases being tried. Besides the hog case re- ferred to, three indictments were returned-one for selling whisky to Indians, and two for assault and battery.

After the admission of Illinois as a State, a special term of the State Court was held under Judge Thomas C. Browne, who served as a Jus- tice of the Supreme Court from October 9, 1818, to December 4, 1848, and presided over ail the court sessions in this circuit until that held in October, 1824. Then William Wilson, former Circuit Attorney and a resident of White County, occupied the bench of the circuit for one term. The latter was also a Justice of the Supreme Court and served from July, 1819, until Decem- ber, 1848.

CIRCUIT JUDGES, 1824-1908 .- In 1824 James O. Wattles was elected by the Legislature Justice of the Circuit Court for the Fifth Circuit, but was legislated out of office in 1827. Later the county constituted a part of the Fourth Circuit. of which Justin Harlan was the presiding Jus- tice from 1835 to 1859. From 1859 to 1865 it formed a part of the Twenty-fifth Circuit, with Alfred Kitchell, J. C. Allen and Aaron Shaw as Circuit Judges for different periods, in the latter year becoming a part of the Fourth Circuit with Hiram C. Decius upon the bench. This con- tinued until the adoption of the Constitution of 1870, when the county was transferred to the Twenty-first Circuit, with J. C. Allen as Circuit Judge, who was succeeded in 1877 by John H. Halley, the county having then become a part of the Second District, which it still remains. In 1879 the number of Judges in each of the thirteen Circuits into which the State was then divided, was increased to three, and those who have since held the position of Circuit Judges have been as follows: 1879-85-Chauncey S. Conger, Thomas S. Casey and William C. Jones ;

1885-91-Conger, Jones and C. C. Boggs; 1891-97 -C. C. Boggs, S. Z. Landis and E. D. Young- blood; 1897-1903-Youngblood, Prince Albert Pearce and Enoch E. Newlin ; 1903-09-Pearce, Newlin and Jacob R. Creighton.

SKETCHES OF EARLY JUDGES.

Of Judge Thomas Towles, the first judge to hold court in Crawford County, little is known beyond the fact that his service began while Illinois was still a Territory.

Judge Thomas C. Browne, who succeeded Judge Towles as Presiding Justice, came to Shaw- neetown as early as 1812, later served in each branch of the Territorial Legislature (1814-16, and 1816-18) respectively, in 1815, was ap- pointed Prosecuting Attorney, and on the ad- mission of Illinois as a State, was promoted to the Supreme Bench, upon which he served con- tinuously until the adoption of the Constitution of 1848, his later years being spent in Galena, where he died about 1856 or '58. ( See Browne, Thomas C., in "Historical Encyclopedia" por- tion of this volume).

Judge William Wilson, who succeeded Judge Browne, being at that time also a Justice of the Supreme Court, was born in Loudon County, Va., April 27, 1794, in 1817 removed to Kentucky, soon after came to Illinois, two years later lo- cating near Carmi, White County, which con- tinued to be his home for the rest of his life. In 1819 he was elected by the State Legislature a Justice of the Supreme Court as successor to Judge Foster, who held office only about nine months. Like Judge Browne, Judge Wilson re- mained in office until the adoption of the Consti- tution of 1848. He died at his home in White County April 29, 1857. (See Wilson, William, "Historical Encyclopedia" part of this work).

On the division of the State into circuits, James O. Wattles became Judge for the Fifth Circuit, which included Crawford County. Judge Wattles was commissioned January 19, 1825, but was legislated out of office in 1827, when Judge Wilson of the Supreme Court was restored to the Crawford County bench for a time. Judge James Hall, who officiated for a time as Circuit Judge previous to 1827, and later served as State Treasurer, was one of the earliest and most prominent authors in Illinois. His sketch will be found in the "Historicai Encyclopedia" portion of this volume.

Undoubtedly one of the most prominent

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Justices of the Crawford Circuit Court was Jus- tin Harlan, who, although a resident of Mar- shall, Clark County, was widely known through- out Southern Illinois. Born in Ohio about 1801, he came to Clark County at the age of twenty- five years, served in the Black Hawk War; was commissioned a Justice of the Circuit Court in 1835; was a delegate to the Constitutional Con- vention of 1847, and was twice elected Circuit Judge under the new constitution, serving until 1855, later acting as Indian Agent by appoint- ment of President Lincoln. He died while ou a visit to Kentucky in 1879. (See sketch in “His- torical Encyclopedia").

Judge Hiram Decius, of Cumberland County, was commissioned as Judge for the Crawford County Circuit in December, 1865 and in 1867, serving until 1873.

Others who have served on the circuit bench in Crawford County include the names of Al- fred Kitchell, James C. Allen, Aaron Shaw, Thomas S. Carey, Carroll C. Boggs and S. Z. Landes, sketches of whom will be found in the "Historical Encyclopedia" portion of this work, while sketches of Judges William C. Jones and Enoch E. Newlin, as citizens of Crawford Coun- ty, appear in their proper places in the Craw- ford County division of the work.

CRAWFORD COUNTY BAR.

The material embraced in the following sketches of former and present members of the Crawford County Bar is drawn, for the most part, from the chapter on the "Bench and Bar of Crawford County," prepared by the Hon. Ethelbert Callahan, and published in Vol. I of the "Bench and Bar of Illinois" issued under the editorship of the late ex-Gov. John M. Palmer.

One of the earliest to engage in the prac- tice of law in Crawford County was Wickliffe Kitchell, who was born in New Jersey, May 21, 1789, came to Southern Illinois about 1814, and began clearing a heavily timbered tract of land. While there engaged he met with an accident by cutting his foot which lamed him for life, par- tially incapacitating him for physical labor. Later he was elected Sheriff and, by contact with the courts, acquiring a taste for the law, began the study of such text-books as were accessible at that time. About 1817 he was admitted to the bar, and removing to Palestine, Crawford County, there began practice which he continued

until 1838, when he removed to Hillsboro, Ill., during the following year being appointed At- torney-General of the State, a position which he retained until November, 1840, when he resigned to accept a seat as Representative in the State Legislature from Montgomery County. While a resident of Crawford County he had served two terms in the General Assembly, first as Repre- sentative (1820-22) and second as Senator (1828- 32). He also served several years as State's Attorney. After spending eight years as a resi- dent of Fort Madison, Iowa, in 1854, he re- turned to Hillsboro, Ill., and died at Pana, Ill., January 2, 1869. Three sons of his became mem- bers of the bar: Alfred Kitchell, who served one term as Judge of the Twenty-fifth Judicial Cir- cuit, and died in Galesburg in 1876; Gen. Edward Kitchell, who assisted in organizing the Ninety-eighth Regiment Illinois Volunteers, of which he finally became Colonel, and retired as Brevet Brigadier-General, dying at Olney, Ill., July 11, 1869; and John Wickliff Kitchell, also a soldier in the Civil War with the rank of Major, and now residing at Pana, Ill. The elder Kitchell had the distinction of being one of the founders of Palestine, which was one of the prominent places in Eastern Illinois at an early date.

Another early practitioner at the bar in Craw- ford County was Eldredge S. Janney, born in Alexandria, Va., July 12, 1801, graduated at Nassau Hall College, Princeton, N. J., and came to Crawford County, Ill., in 1827, where, follow- ing the custom of his Virginia ancestors, he es- tablished his home in the country and managed a plantation while practicing law in the county seat. He had the reputation of being a well- read lawyer, as well as a man of scholarly tastes, who continued a devoted reader of clas- sical literature until incapacitated by blindness. In 1853 he removed to Marshall, Clark County, where he died December 17, 1875.

One of the noted citizens of Illinois, Augustus C. French, was born in New Hampshire August 2, 1808, came to Illinois in the '30s, first locat- ing in Edgar County, from which he served two terms in the State Legislature (1836-39). In 1839, having been appointed Receiver of Public Moneys in the Government Land Office at Pales- tine, he removed to Crawford County, and also engaged in the practice of law. In 1846, while a resident of the county, he was elected to the office of Governor and was reelected in 1848

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Illinois, Crawford County historical and biographical, Part 125

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn Publication date: 1909 Publisher: Chicago : Munsell Pub. Co. Number of Pages: 1058

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn
Publication date: 1909
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1058