USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 39
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relieved from all trouble on this account but is frequently con- fronted with a record which he would have preferred to suppress. Indeed, the recollection that the eye of the reporter is upon him and that his action may be the subject of caustic criticism undoubtedly operates as a wholesome restraint upon the con- duct of one who might otherwise be inclined entirely to "break over the traces." The correspondent himself is subject to surveillance, and is held to a strict account by his employer; but while there is abundant opportunity for false coloring, and a strong temptation toward misrepresentation in certain cases by a splenetic, disgruntled, or subsidized writer, the general tendency of legislative reports in leading newspapers is toward the support of laudable measures, the exposure of incompetency, and the checkmating of venality and corruption.
While it will doubtless be conceded that the legislators of a generation ago had a finer sense of honor and appreciated more highly the dignity of their position than their successors now do, whether their moral honesty was of a higher type than that of later days is, at least, questionable. The action of the third general assembly in the election contest of Shaw versus Han- son, by which a member was seated at the opening of the session for one purpose and replaced by his opponent at the close for another, was the consummation of a political outrage which has never since been paralleled in this State. Had the proceedings been subject to the censorship of the daily press, it could hardly have occurred. That the measure for internal improvements and the bill for the removal of the capital to Springfield could only have been passed by the tenth general assembly as the result of innumerable trades, there is no doubt, although the latter were made for the benefit of localities rather than of individual members.
While votes, in these early days, were susceptible to influence, transactions into which the use of money actually entered for personal benefit were unknown. Indeed, in a young commu- nity the temptation to offer or receive bribes was naturally far less than in later days, when the rapid development of material interests aroused a cupidity which only the possession of wealth could satisfy. What earlier members would have done when log-rolling came to be practised for pecuniary gain or political
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LONGEST SERVICE IN THE LEGISLATURE.
advancement, can be inferred only from what they did in analo- gous situations. The reflection, however, that notwithstanding the admitted increase of education, culture, and wealth, there has not been a corresponding improvement in either the morals or intellectual strength of our law-makers, is not flattering to the progress of the race.
In the earlier periods of the State's history, all those who ex- pected to be at all distinguished in public life served a novitiate in the legislature if they could secure an election. Membership was regarded as the stepping-stone to political preferment, and the list embraced the names of Lincoln, Douglas, Browning, Kane, Robinson, Young, Mc Clernand, Mc Roberts, Shields, Semple, Trumbull, Reynolds, Bissell, Yates, Logan, Palmer, Richardson, Arnold, David Davis, Oglesby, and Cullom. While many of these were soon transferred to more important positions, others served during several sessions.
The honor of the longest service in the general assembly is equally divided between Andrew J. Kuykendall, a republican, of Vienna, Johnson County, and Thomas E. Merritt, a democrat, of Salem, Marion County-who each served through ten ses- sions. The period of service of the former extended from the thirteenth general assembly, 1842-3, to the thirty-second, 1881; and that of the latter from the twenty-sixth, 1869, to the thirty- sixth, 1889. Major Kuykendall was in the 13th and 14th house, and in the 17th, 18th, 19th, 20th, 21st, 22d, 3Ist, and 32d senate. "Tom" Merritt, as he is familiarly called, served in the 26th, 27th, 29th, 30th, 35th, and 36th house, and in the 3Ist, 32d, 33d, and 34th senate.
Conrad Will of Jackson County, who served in the first nine general assemblies, and Lorenzo D. Whiting of Tiskilwa, Bureau County, whose service reached from the 26th house to the 34th senate, are entitled to the distinction of the longest continuous service-eighteen years each; and Whiting for the longest consecutive membership in the senate, having occupied a seat in that body from 1871 to 1887-sixteen years. Newton Cloud of Morgan County, also served eighteen years, beginning with the seventh house and ending with the twenty-seventh; forty years having elapsed between the first and last service.
It is a singular fact that two members bearing the same patro-
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ILLINOIS-HISTORICAL AND STATISTICAL.
nymic, Archer, and nearly the same christian names, William B., from Clark County (1824 to 1848), and William R., from Pike County (1861 to 1887), should have each served the same num- ber of years-sixteen, partly in the senate and partly in the house. George Churchill, of Madison, also served sixteen years beginning with the third house.
Norman B. Judd of Cook County, served sixteen years, 1844 to 1860, continuously in the senate, as did John H. Addams of Stephenson, from 1855 to 1871. James Herrington, of Geneva, Kane County, and Elijah M. Haines, of Waukegan, Lake County -but whose place of business was in Chicago-life-long antag- onists yet life-long friends, each served through eight sessions of the house; the latter being a member of the thirty-sixth general assembly at the time of his decease, April 25, 1889, the former in July, 1890, following him to the roll - call in the "undiscovered country."
Among the earlier members, Zadoc Casey served eight years -four sessions-in the house, and, including his term of three years as lieutenant-governor-having resigned before its expira- tion-nine years in the senate, making an entire service of seventeen years; he also served ten years in the lower house of congress. Gov. Casey, William L. D. Ewing, and Alexander M. Jenkins were the only members who had the honor of pre- siding, at different times, over both the house and senate. Joseph Gillespie from Madison County, afterward for many years a judge of the circuit-court, served twelve years in the senate and two in the house; John Henry of Morgan, six years in the house and eight in the senate, John Harris of Macoupin, the same period-each seven sessions. Henry H. Evans of Aurora, Kane County, and Charles E. Fuller of Belvidere, Boone County, will each also have served fourteen years consecutively at the com- pletion of their present terms in the senate. Samuel Alexander of Union, Edwin B. Webb of White, and Peter Warren of Shelby, each served twelve years.
John Mc Lean and William L. D. Ewing were each three times elected speaker of the house, and James Semple, Shelby M. Cullom, Franklin Corwin, and Elijah M. Haines, twice each .*
* The family of Smiths leads numerically all others having 32 members; the Jones' follow with 23, while the Brown's and Davis' tie at 21 each. The Miller's and
963
'THE JUDICIAL DEPARTMENT.
The longest continuous session of the general assembly was that of the twenty-seventh-293 days; the shortest, that of the first-37 days.
As suggested in another place, many of the legislative evils of the State have arisen from the unlimited length of the ses- sions of the assembly. No satisfactory reason can be urged in favor of long sessions and all experience contradicts either their necessity or value. The reform most needed in this State is the adoption of a constitutional amendment restricting the length of sessions to one hundred days.
The proper constitution of the judicial department has en- grossed the attention of the best minds in each of the three constitutional conventions of the State. When the article in the first constitution, relating to the supreme court, was adopted, although the principle of life tenures was recognized, so careful were the delegates that the rights of the people might not be jeopardized in the selections made, on account of the small number of lawyers then in the State from whom to choose, that it was provided that a new election should be held by the legislature in 1825. After this period, they held their offices during good behavior, as did also the circuit-judges, subsequently created.
The four supreme judges, first elected, performed circuit-court duties until 1824, when they were relieved by the appointment of five circuit-court judges. This arrangement, however, lasted only until January, 1827, when the latter office was abolished and the supreme-court judges resumed their circuit duties. In January, 1829, a circuit-judge was elected by the general assem- bly to hold court on the north side of the Illinois River. In 1835, a law was passed providing for the election of five circuit- judges, in addition to the one already appointed, who should hold the several circuit - courts, and once more relieve the supreme bench from the performance of that duty.
In 1841, the judiciary was reorganized by the repeal of the circuit-court act, the new law providing for the election by the legislature of five additional associate justices of the supreme
Moore's are not far behind with 19 each. Then come the Allen's with 18, the Johnson's and Thompson's with 14 each; Wilson's 15, Campbell's and Walker's 13, Green's and White's 12, Marshall's 11, and Adams' IO.
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ILLINOIS-HISTORICAL AND STATISTICAL
court, who, together with the chief-justice and associates then in office, were once more required to hold the circuit-courts. This system continued until the adoption of the constitution of 1848.
This method of election by the people was adopted in the constitutions of 1848 and 1870, a change which has worked to the satisfaction of the electors; as has also the division of the duties of the supreme and circuit-judges, and the lengthening of the term of the former from six to nine years. No scandals have been connected with the judiciary department under either of these constitutions. The provision that the judicial elections shall be held at a different date from those for the other offices has tended to separate them from party politics, and no sharp contests, upon the usual dividing lines, have ever occurred. The judges selected have been of high character and eminent legal ability.
Among all those who served under the first constitution, the name of Samuel Drake Lockwood stands out conspicuously as that of the beau-ideal jurist. Tall and spare in form, grace- ful in bearing, with hair turned nearly white before he was fifty, although he lived to be eighty-five, with a high forehead, and features strongly marked with lines of thought, care, and feel- ing, his aspect was at once benevolent, venerable, and intellect- ual. His appearance on the bench was the very personification of dignity, learning, and judicial acumen.
His charges to grand-juries were preserved and served for years as models to his successors. Delivered in a voice clear and musical and with impressive force, they fell upon his auditors, comprising the best citizens of a county, with oracular effective- ness. The following extract from one of them will fully justify the estimate in which they were held:
"To your hands are committed the peace, good government, and safety of society. The manner in which you perform the duties appertaining to your station will evidence the regard you possess for the laws of your country and the happiness of your fellow-men; for without your intervention, no violator of the penal laws of the country, however high-handed may be his crime, can be brought to justice. In performing this duty, you should exercise great vigilance and circumspection. Vigilance, that every offender may be brought to meet the punishment his crime deserves; and circumspection, that no person be
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LOCKWOOD'S GRAND-JURY CHARGE.
charged with a crime of which he is not guilty. Hence you will perceive that your duty requires you not only to see that the great interests of society be not trampled under foot by the lawless, with impunity, but that you are also to be a shield to protect the innocent from the false accusations of the malicious and unprincipled. Your duty is, therefore, one of great impor- tance and delicacy; but it ought, nevertheless, to be discharged fearlessly and according to the dictates of a good conscience.
Although it is true if an accusation is false, the accused will be acquitted by a traverse jury, yet a person, however innocent and fair his character may be, can not be indicted for a crime without sustaining some injury to that character and some loss of property. Many who have heard of the indictment may not hear of the acquittal. His own and his family's feelings are frequently tortured with anxiety and apprehension, and his de- fence must necessarily involve him in considerable expense. Whenever, therefore, you are satisfied that a charge originates in malice and falsehood, you ought to reject it.
"I would not, however, have you let a bare fact that the charge is false and malicious deter you from finding an indict- ment when your judgment is convinced that the accused is guilty. Exercise your reason upon the testimony given in before you. If upon investigation, you are convinced that a crime has been committed, and that the accused is the perpet- rator, it would then become criminal in you not to find a bill. As only the testimony on the part of the people is proceeded before you, it ought to be strong enough to induce you, if you were sitting as a traverse jury, to find a verdict of guilty. * The great object in prosecuting and punishing men for their crimes is twofold: first, to reform the guilty; secondly, to deter those who are yet innocent, by the punishment that they see will inevitably be inflicted upon them, if they do not abstain from committing similar offences.
"But, gentlemen, the laws may define crime, grand-juries may indict, petit-juries may convict, and the arm of justice may inflict the punishment due; still mankind will be vicious, and offences will continue to afflict and mar the peace of society. Does not the law, then, contain within itself sufficient energy and power to suppress and eradicate crime? It is, gentlemen, a melancholy truth that it does not. Is there, then, no means within the power of man to greatly diminish, if not wholly sup- press, the commission of vicious and criminal acts? Yes, gen- tlemen, such can be done." The judge then proceeds to admonish the jury against the "predominant vice of intemper- ance, which is hurrying such great numbers into crime, ruin, and the grave." He describes its evils at length, of whose
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ILLINOIS-HISTORICAL AND STATISTICAL.
existence, he remarks, "every court-yard, every election, almost every public gathering, every docket of the court, is pregnant with evidence as strong as proofs from Holy writ," and recom- mends "total abstinence" as the one great remedy for its wrongs.
Judge Lockwood's circuit, the old first, was the most difficult of all others to preside in because of the unequaled ability and fighting qualities of the bar. With Lamborn and Douglas, Judge Logan, Baker, Hardin, Lincoln, McConnel, Judge Wm. Brown, and David A. Smith, for its leading members, every issue joined was bitterly contested. There was no advantage known to the law by way of demurrers, amendments, and jeof- ails, special pleas, continuances, and changes of venue, which was not legitimately invoked in behalf of a client.
The most exciting cases, aside from those on the criminal docket, were often appeals from justices of the peace, or trials of the right of property, involving originally only a small sum, but becoming important by the large amount of accruing costs, and the party-feeling engendered in the neighborhood where they arose. The best lawyers on the circuit were employed in such cases, and they turned the full light of their genius, wit, and eloquence upon their development.
In one of these cases," in Pike County, involving the owner- ship of a horse, in which there had been several hung juries and mistrials, a novel proceeding occurred. Twenty witnesses, at least, on one side declared on their oaths that the horse was a three-year-old and belonged to the plaintiff, and an equal num- ber with equal positiveness testified that he was a four-year-old and belonged to the defendant. Col. Baker represented the former and Gen. Hardin the latter. When the evidence was all in, the attorney for the plaintiff proceeded to address the jury in his inimitable manner. After opening the case, he proceeded to say that so certain was he that the horse belonged to his client that he was perfectly willing for the jury-all farmers- to make a personal inspection of the animal, and bring in the verdict without further argument. He had no idea that such a proposition would be entertained, or if agreed to that the court would sanction it. But Gen. Hardin knew more about horses if not about law than Col. Baker did, and the colonel had no.
* Witnessed by the author.
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INTERESTING LAW-CASES.
sooner finished his sentence making the strange proposal than up jumped Hardin and said, "All right, colonel, that's fair, and we agree to abide by the result. By leave of the court, we will proceed to make the inspection." Judge Lockwood said such a course was unprecedented, but if both parties were willing to settle the case in that way, as it seemed impossible to determine it from the evidence of witnesses, the court would interpose no objection. It would not have done for Baker to back out, although he began to fear he had made a mistake, and so all parties and the jury filed out of the court-room and paid their respects to the colt, upon viewing which the jury at once agreed that it belonged to the defendant, and so de- cided.
Judge John Dean Caton, in his "Early Illinois," contributed to the Chicago Legal News, tells of another similar case in regard to a calf, where the evidence of identity was equally conflicting, whereupon the owner introduced both the cow and calf to establish his claim. He showed that when the calf was turned in with the cow it at once rushed up to her and com- menced sucking, the cow not only permitting this but caressing and licking the calf as if greatly pleased to see it again. This evidence appeared to be conclusive, but the other side brought forward witnesses who testified that that cow would allow any calf to suck her, and always manifested equal parental affection for every calf she met! The difficulty of arriving at a correct verdict in such a case can be imagined.
Josiah Lamborn was one of the most able, untiring, yet merciless prosecutors that ever lived. In his anxiety to add another scalp to his belt, he sometimes allowed himself to be carried so far as to jeopardize his own. This happened in the celebrated case of the people against Archibald and William Trailer for the murder of "old man" Fisher, who had been last seen in their company. One circumstance after another was brought to light, pointing unmistakably, as it appeared, to his taking off by the Trailers, one of whom, Henry, was privately examined by Lamborn, and upon being told that the only way to save his life was to make a full confession did so, giving the particulars of the killing and subsequent robbery. The Trailers had always been regarded as good and reputable citizens, and
968
ILLINOIS-HISTORICAL AND STATISTICAL.
such a charge was astounding to the people of Springfield, who could hardly believe it. Yet the unexplained circumstances seemed to justify it. The trial came on, and the testimony presented made a case so strong against Archibald and William Trailor as almost to remove all doubt. The prisoners were defended by Judge Logan and Col. Baker. When the people concluded, the former arose and said, "Your honor, I have only one witness to introduce, and he will now take the stand." The door of the court- room was opened and in walked Sheriff Maxey with "old man" Fisher himself! He was at once recog- nized, and such was the revulsion of public opinion that it was all Judge Logan and Baker could do to prevent the lynching on the spot of Lamborn, who, it seems, had really believed the confession true; whereas it had been wrung from a weak-minded man, who supposed that his misstatements would be counter- acted by the development of the truth on the trial .*
In another murder case, where the prisoner was also defended by Col. Baker, who had made one of his most brilliant speeches, to which for two hours an enraptured audience and jury had listened, alternating between smiles and tears, as he subdued all hearts and stilled the fierce cry for blood against a guilty man, Lamborn, knowing that, eloquent as he was, it would be in vain to answer such an effort with any ordinary set speech or rhetoric at his command, fixed upon the following plan to produce the desired effect. When Baker concluded, it being then late in the afternoon, Lamborn rose, and stating to the court that he was not feeling well, asked for an ad- journment until after supper, which was granted. When court again convened, the room was completely filled with anxious spectators. Upon the plea that the light hurt his eyes, the prosecutor had arranged that but one solitary candle was lighted, which was placed upon the stand in front of the jury, casting its ghastly shadows around the room. Lamborn rose slowly and deliberately, the lines upon his cold and sallow face dimly yet distinctly seen, and bent forward, leaning upon a chair for a brief time, silent and motionless. Every eye was fixed upon him, when, with awful deliberation, in a cold and sepulchral voice, he said, "Whoso sheddeth man's blood, by man
* Recollections of the late Judge James H. Matheny.
JOHN M. SCOTT
JOHN D. CATON
SAML.D.LOCKWOOD
SAML .H.TREAT
STEPHEN T. LOGAN
FERGUS PTG, CO.
CHICAGO
OR NY
LIBRARY
969
STATE'S-ATTORNEY FRIDLEY.
shall his blood be shed!" Straightening himself up and again pausing for half a minute, the shadows around him seeming to grow darker, he again repeated the verse from Holy Writ. Then he was once more silent. Spectres seemed to hover around him. The audience held its breath to hear what he would say next. Rising to his full height, with another awful pause, in tones as solemn as the grave, he for a third time repeated, "Whoso shed- deth man's blood, by man shall his blood be shed." Raising his arm and pointing his quivering finger toward the jury, he ex- claimed with a voice like a trumpet, "Such is God Almighty's awful decree! Disobey it if you dare!" He sat down and said no more; but it was enough. The verdict of guilty had been secured.
Another prosecuting - attorney, of more than local fame, was Benjamin F. Fridley of the old Ogle-County circuit. Not learned in the law or in books of any kind, his mind was clear, his judgment of men and things profound, and his common- sense remarkably strong. Plain in his manners, quick to learn the law, as if by intuition, he was quaint, sharp-tongued, and quick-witted, and could see the vital points in a case at a glance.
The grand jury in Kane County once complained to Judge Caton that they had voted to indict a man for larceny, but that the state's attorney refused to draw the indictment; whereupon Fridley stated that he had heard the evidence, and did not believe it was sufficient to convict. The judge advised him, however, to draw the indictment, stating that he could afterward dispose of it as he thought proper. The defendant employed Onslow Peters to defend him, who, feeling that he ought to render some service for the large fee he intended to charge his wealthy client, and to anticipate the nolle prosequi, which he sup- posed would follow as a matter of course, in an ostentatious manner moved to quash the indictment, raising the most frivo- lous objections, which he argued in such a way as to make the impression that the state's attorney did not understand his business. The motion was promptly overruled, when Peters, with a consequential air, inquired of the state's attorney what he proposed to do in the case, still expecting it would be dismissed. But by this time Fridley was fairly aroused, and with great coolness arose, and replied that he proposed to try
62
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ILLINOIS-HISTORICAL AND STATISTICAL.
the case and convict the prisoner; that since the partial examination before the grand jury, he had discovered new evidence, and that that body had been right and he wrong. "Let a jury come," and the trial began. Such was the mas- terly skill with which he handled the facts in the case, not- withstanding an able defence, that the jury brought in a verdict of guilty. The motion for a new trial was granted at once, the court very strongly intimating that the evidence was not sufficient to convict. Upon Fridley's being asked in a most friendly and affable way by Peters, if he still intended to carry the case any farther, he replied, "Oh, if you have ceased to occupy a hostile attitude, Mr. Peters, I will dismiss the case."*
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